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Home My WebLink About01 PC Minutes 10-09-12 ITEM # 1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 9, 2012 7:00 p.m. CALL TO ORDER: Given INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Eckman Sworn in by Mayor 1. SEATING OF COMMISSIONER ALTOWAIJI. John Nielsen ROLL CALL: Chair Kozak Chair Pro Tem Thompson Commissioners Altowaiji, Eckman, and Moore Staff Present Elizabeth A. Binsack, Director of Community Development M. Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Stonich, Senior Planner Adrianne DiLeva, Recording Secretary PUBLIC CONCERNS: Chair Pro Tem Thompson stated Chair Kozak, himself, and his fellow Commissioners, would like to take a moment to formally recognize three staff members of the Public Works Department who will be retiring and have assisted the Planning Commission on many items in the past; Doug Anderson, Dana Kasdan, and Terry Lutz. A brief biography on each of the employee’s professional histories was read, and they were presented with a historic book on the City of Tustin. Chair Kozak and Chair Pro Tem Thompson thanked them for all their hard work. CONSENT CALENDAR: Approved 2. APPROVAL OF MINUTES – SEPTEMBER 25, 2012, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the September 25, 2012, meeting as provided. Motion: It was moved by Eckman, seconded by Thompson, to move the Consent Calendar. Motion carried 4-1. Commissioner Altowaiji abstained. PUBLIC HEARINGS: Adopted Resolution 3. CONDITIONAL USE PERMIT (CUP) 2012-10. No. 4207 as amended, recommending approval The request is for Planning Commission recommendation to the City Council of approval of CUP 2012-10 to the City Council to allow a maximum of 24 paid outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue. APPLICANTS/ PROPERTY OWNERS: Wilcox Manor Trust Michael J. Demoratz, Trustee Lindburgh M. McPherson, Trustee, 310 S. Pasadena Avenue, Tustin, CA 92780 PROJECT LOCATION: 310 S. Pasadena Avenue ENVIRONMENTAL: This project is categorically exempt (Class 1 – existing facilities, and Class 3 – small new facilities) pursuant to Sections 15301 and 15303 of the California Environmental Quality Act. RECOMMENDATION/ALTERNATIVES: Pursuant to Tustin City Code Sections 9252c and 9252j2(a)(2), the Planning Commission serves in an advisory capacity to the City Council on all matters relating to the Cultural Resource (CR) District and on all conditional use permits for non-listed uses which support the purposes of the CR District. As such, the following is a recommendation and/or alternatives available: Minutes – Planning Commission October 9, 2012 – Page 2 of 11  Adopt Resolution No. 4207 recommending that the City Council approve Conditional Use Permit 2012-10 determining that the proposed project supports the purposes of the CR District and authorizing a maximum of 24 paid outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue; or In the alternative the Commission may take one of the following actions:  Direct staff to prepare a resolution recommending that the City Council deny Conditional Use Permit 2012-10, with findings that the use does not support the purposes of the CR District and findings for the denial of a conditional use permit.  Direct staff to evaluate the merits of initiating a General Plan Amendment and Zone Change to change the General Plan Land Use Designation and zoning designation of the property at 310 S. Pasadena from Low Density Residential and Single Family Residential (R1) to High Density Residential and Multiple Family Residential (R3); and determine that the proposed use is similar to social halls, lodges, clubs, etc. which are conditionally permitted uses in the R3 District. Commissioner Altowaiji recused himself from the public hearing due to owning property within 500 feet of the proposed project. He then left the dais. Reekstin Gave a presentation of the item. Commission questions generally included: signs for off-site parking; db(A) limit at 10:00 p.m.; alternative off-site parking during business hours of the desired off-site lot; details of the shuttle-service to and from the off-site parking; events being limited to Friday, Saturday, and Sunday; agreement for off-site parking and distance of the parking from the residence; design for the proposed restrooms; use of the property prior to the CUP approval; possibility of the CUP being terminated if the property ownership changes; how the City would gather revenue if the project is approved; the option of a zone change; how the 200 person limit and the limit of five events per month were established; the application of the fire code since the events are outdoors and why indoor events are not proposed; ADA requirements on the property; the French Estate in Orange’s similarities to the proposed project; and the number of non-paid events the applicants are currently hosting. Minutes – Planning Commission October 9, 2012 – Page 3 of 11 The public hearing opened at 7:52 p.m. The following members of the public spoke in favor of the proposed project: Lindburgh McPherson, applicant Michael Demoratz, applicant Libby Pankey Jody Wedret Ruth Harrell Chad Ortlieb Robin Fry Gretchen Whisler Melody Mosley Rosemary Pinedo Moses Perez Donna Marsh Peery Cherrill Cady Cathy Michaels Sarah Pearson Raad Ghantous Comments of support generally included: how the use would enhance the character of the community and introduce guests to the history of Tustin; sound from the backyard is not audible from the front; the applicants are a vital asset and generous in donating to non-profits, therefore the paid events would help recover those costs; the applicants are professional and respectful towards their neighborhood when running events; and enrichment of the City and economy through networking and referring guests to local businesses. The following members of the public spoke in opposition to the proposed project: Brent Ferdig Linda Jennings Martin Blenz Teresa O’Toole Comments of concern generally included: regulation of on- site parking/traffic congestion and noise caused by cars and shuttle busses; setting a precedent throughout the City; incompatibility of establishing a high-volume commercial use in a residential neighborhood; alcohol being consumed at events; inconsistency with Tustin’s Minutes – Planning Commission October 9, 2012 – Page 4 of 11 General Plan; nuisance of the directional signs and negative impact on property values; the historic home is not open to guests during these paid events, therefore it is not being used to introduce guests to Tustin’s history; trash clean-up after events; subletting; and pest control. The public hearing closed at 9:04 p.m. The Commission entered into deliberation of the item recommending amendments to the Resolution and conditions of approval noting that the conditions should be onerous to ensure there is a balance between the neighborhood and proposed use. The Commission’s amendments are as follows:  Globally change “24 paid outdoor events” to “24 outdoor events.”  Delete Resolution No. 4207 Finding I.D.c.  Delete Resolution No. 4207 Finding I.E.e.  Add the Public Works Department to Resolution No. 4207 Finding I.H.8.  Condition 1.5 – Add provision that revocation would be considered after third infraction/citation within one year.  Condition 1.11 – Add “as determined by the Community Development Director.”  Condition 2.3 – Specify that the maximum of 200 people is a total per event.  Conditions 2.4, 2.26, and 2.27 – Adjust the hours of operation to no later than 10 p.m. on Friday and Saturday and 9 p.m. Sunday through Thursday, with equipment removal up to one hour later.  Condition 2.6 – Prohibit on-site signage.  Condition 2.7 – Require attendees to present proof of shuttle use.  Condition 2.12 – Require shuttle vans to be non-diesel, have a maximum passenger capacity of twelve, not use horns or bells, be ADA compliant, and not idle for more than three minutes.  Condition 2.13 – Require guests to use the shuttle service rather than walk.  Condition 2.19 – Require litter removal, with no specified distance from the property.  Condition 2.22 – Tie CUP 2012-10 to the applicants.  Condition 2.29 – Require a schedule of events and information on the applicants’ website 30 days prior to an event.  Condition 2.36 – Require all businesses servicing events to obtain all required permits. Minutes – Planning Commission October 9, 2012 – Page 5 of 11  Condition 2.42 – Add condition requiring residential solid waste collection services.  Condition 4.1 – Require the sewer lateral to be upsized if necessary. The Commission reached a consensus to recommend the proposed project to the City Council with the abovementioned amendments. Motion: It was moved by Thompson, seconded by Moore, to adopt Resolution No. 4207 as amended recommending the item to City Council. Motion carried 4-0. Commissioner Altowaiji was recused from the vote. The Planning Commission recessed at 10:00 p.m. and readjourned at 10:10 p.m. Adopted Resolution 4. DEVELOPMENT AGREEMENT (DA) 2012-002, No. 4205 recommending CONCEPT PLAN (CP) 2012-003, DESIGN REVIEW (DR) approval to the City Council 2012-005, DENSITY TRANSFER, DENSITY BONUS, AND CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1). The request is for DA 2012-002, CP 2012-003, DR 2012- 005, Density Transfer, Density Bonus, and concessions or incentives authorized under Tustin City Code Section 9123 related to the provision of affordable housing units in compliance with California Government Code Section 65915(1) required for proposed development of Tustin Legacy Disposition Package 1A-North which includes 225 affordable multi-family residential apartment homes. APPLICANT: St. Anton Partners, LLC 4630 Campus Drive, Suite 111 Newport Beach, CA 92660 PROPERTY OWNER: City of Tustin PROJECT LOCATION: Tustin Legacy Disposition Package 1A- North bounded by future Tustin Ranch Road on the east, future Legacy Road on the north, future Park Avenue on the west, and a vacant parcel to the south. Minutes – Planning Commission October 9, 2012 – Page 6 of 11 ENVIRONMENTAL: The Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin along with its supplemental and addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4205 recommending that the Tustin City Council approve Development Agreement (DA) 2012-002, Concept Plan (CP) 2012-003, Design Review (DR) 2012-005, Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123 related to the provision of 225 affordable residential apartment housing units in compliance with California Government Code Section 65915(1) required for the proposed development of Tustin Legacy Disposition Package 1A- North. Ogdon Gave a presentation of the item. Planning Commission questions generally included: clarification on the exchange of affordable versus market-rate units from The Irvine Company to St. Anton; the provision for compact parking spaces in the MCAS Tustin Specific Plan; discrepancy with the setback requirement; whether the increase in housing creates the need for a revaluation of the EIR; requirements for affordable housing; number of incentives and concessions being proposed; parking management/implementation plans; cost limitation on the proposed park; master association fees; necessity of the completion of the Tustin Ranch Road extension; clarity of the surrounding land uses planned for the future; parks private or public; and whether or not gated communities are allowed within the MCAS Tustin Specific Plan. The public hearing opened at 11:03 p.m. Steve Eggert stepped forward representing St. Anton Partners. Mr. Eggert gave a brief presentation of the project proposal and stated what a positive addition it would be to the City of Tustin. Minutes – Planning Commission October 9, 2012 – Page 7 of 11 The public hearing closed at 11:11 p.m. The Planning Commission entered discussion of the item. Stated his design-related questions were answered by Mr. Eggert. Altowaiji Had no additional comments at this point. Loves the project and the amenities. Approves of the design. Eckman Would like to move the approval of the item. Thompson Stated his concerns were adequately addressed by the applicant. Supports the transfer of affordable units as well as the project design. Would recommend approval of the project to the City Kozak Council. Moore Requested clarification on the development agreement. Motion: It was moved by Thompson, seconded by Altowaiji, to adopt Resolution No. 4205 recommending approval to the City Council. Motion carried 5-0. Adopted Resolution 5. DEVELOPMENT AGREEMENT (DA) 2012-001, DESIGN No. 4206 recommending REVIEW (DR) 2012-004, CONCEPT PLAN (CP) 2012- approval to the City Council 002, DENSITY TRANSFER, DENSITY BONUS, CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1), AND PARCEL MAP (PM) 2012-136. The request is for DA 2012-001, CP 2012-002, DR 2012- 004, Density Transfer, Density Bonus, concessions or incentives authorized under Tustin City Code Section 9123 related to the provision of affordable housing units in compliance with California Government Code Section 65915(1), and PM 2012-136, required for proposed development of Tustin Legacy Disposition Package 2A which includes 37 moderate income units and 496 market rate units for a total of 533 residential apartment units. APPLICANT: The Irvine Company, LLC 550 Newport Center Drive Newport Beach, CA 92660 Minutes – Planning Commission October 9, 2012 – Page 8 of 11 PROPERTY OWNER: City of Tustin PROJECT LOCATION: Tustin Legacy Disposition Package 2A bounded by future Warner Avenue on the north, future Park Avenue on the south, and existing Tustin Ranch Road on the east. ENVIRONMENTAL: The Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin along with its supplemental and addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project. RECOMMENDATION: That the Planning Commission adopt Resolution No.4206 recommending that the Tustin City Council approve Development Agreement (DA) 2012-001, Concept Plan (CP) 2012-002, Design Review (DR) 2012-004, Density Transfer, Density Bonus, Concessions or Incentives authorized under Tustin City Code Section 9123 related to the provision of affordable housing units in compliance with California Government Code Section 65915(1), and Parcel Map (PM) 2012-136, required for the proposed development of 533 apartment units (including 37 affordable units) at Tustin Legacy Disposition Package 2A. Ogdon Gave a presentation of the item. Planning Commission questions generally included: affordable or moderate-income housing in the development; open-space requirements; and building height limitations. The public hearing opened at 11:42 p.m. Bryan Austin spoke representing The Irvine Company. Mr. Austin provided a brief presentation on the project proposal. Stated The Irvine Company is excited to be part of Tustin Legacy. Minutes – Planning Commission October 9, 2012 – Page 9 of 11 The public hearing closed at 11:50 p.m. The Planning Commission entered discussion of the item. Altowaiji Stated this is a great project proposal similar to St. Anton’s and would support staff’s recommendation of approval. Moore Stated he understood staff’s clarification of the open-space element. Eckman Stated it is a great project and that he supports it. Thompson Would move forward with approval of the project. His questions were addressed. Kozak Echoed his fellow Commissioner’s comments. Stated the St. Anton and The Irvine Company projects will complement each other well. Motion: It was moved by Kozak, seconded by Thompson, to adopt Resolution No. 4206 recommending approval to City Council. Motion carried 4-1. Commissioner Moore abstained. None REGULAR BUSINESS: None STAFF CONCERNS: COMMISSION CONCERNS: Eckman  Attended Tustin Tiller Days in which the Parks and Recreation Department did a wonderful job of coordinating. Hoped many nonprofit organizations benefited that day. Altowaiji  Thanked City Council for his appointment as Planning Commissioner. Stated he looks forward to working with his fellow Commissioners to accomplish the goals of the City. Moore  Welcomed Commissioner Altowaiji;  Requested an update on recent project approvals in Old Town, and the congregate care facility on Red Hill. Thompson  Stated Tiller Days was well-done once again;  Congratulated Commissioner Altowaiji on his appointment;  Requested to be kept updated on projects/development agreements for disposition packages within Tustin Legacy. Minutes – Planning Commission October 9, 2012 – Page 10 of 11 Kozak  Thanked staff for their hard work this evening;  Congratulated the Parks and Recreation Department on a successful Tustin Tiller Days event;  Participated in a recent CEQA webinar;  Stated City Council approved the Red Hill Lutheran project and denied the appeal of the Goodwill Industries Project, thus approving it as well;  Welcomed Commissioner Altowaiji and stated it was good to have him on board. 11:58 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, October 23, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes – Planning Commission October 9, 2012 – Page 11 of 11