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Home My WebLink AboutPC Minutes 05-14-13ORION% MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 14, 2013 7:03 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: ROLL CALL: Commissioner Smith Present: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Lumbard, and Smith Staff Present Elizabeth A. Binsack, Director of Community Development Doug Stack, Director of Public Works Dana Ogdon, Assistant Director of Community Development Justina Willkom, Assistant Director of Community Development Ken Nishikawa, Tustin Legacy Development Services Manager NINE Scott Reekstin, Principal Planner Ryan Swiontek, Associate Planner Adrianne DiLeva-Johnson, Management Assistant None PUBLIC CONCERNS Approved CONSENT CALENDAR: 1 APPROVAL OF MINUTES — APRIL 23, 2013, PLANNING COMMISSION RECOMMENDATION: That the Planning Commission approve the minutes of the April 23, 2013, meeting as provided. 2. FISCAL YEAR 2013-14 CAPITAL IMPROVEMENT PROGRAM FINDING OF CONFORMANCE WITH THE GENERAL PLAN Minutes — Planning Commission May 14, 2013 — Page 1 of 6 That the Planning Commission adopt Resolution No. 4224 finding the Fiscal Year 2013-2014 Capital Improvement Program in conformance with the General Plan pursuant to Section 65401 of the Government Code. Motion: It was moved by Thompson, seconded by Altowaiji, to move the Consent Calendar as amended. Motion carried 5-0. Adopted Resolution 3. VARIANCE 2013-01 No. 4225 as amended Variance 2013-01 is a request to construct a 434 square foot ground floor addition to be used as a fifth bedroom and maintain the existing two-car garage. The applicant has requested a variance to reduce the required number of garage space from a three-car garage to the existing two-car garage. APPLICANT/ i•••I ENVIRONMENTAL: INS Eric Garcia 17482 Parker Drive Tustin, CA 92780 17482 Parker Drive This project is categorically exempt pursuant to Sections 15301 (Class 1) and 15305 (Class 5) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission Adopt Resolution No. 4225, approving Variance 2013-01 to reduce the required number of garage parking spaces for a single family residence with five bedrooms from a three-car garage to the existing two- � �_6 - Swiontek Gave a presentation of the item. Initial Planning Commission questions included: inquiry into the background and history of tandem parking within the City of Tustin. Minutes — Planning Commission May 14, 2013 — Page 2 of 6 The public hearing opened at 7:16 p.m. Doug Davert, who is Mr. Garcia's adjacent neighbor, stepped forward to speak in support of the proposed project. Mr. Davert stated that he is in support of staff's recommendation to approve the Variance; however, he would like the Commission to consider modifying the language in the deed restriction to ensure the family maintains the benefit of a fifth bedroom if Mr. Garcia was no longer around. Stated Mr. Garcia has communicated with all of his neighbors, and on behalf of the neighborhood, he would be in support of the project. Eric Garcia, the applicant, stepped forward to speak in support of his project. Provided a background of his request for the Variance. Mr. Garcia stated his intent for the request for the Variance is to establish the fifth bedroom solely for his Mother -in -law's use. Commissioner Altowaiji inquired as to Mr. Garcia's thoughts regarding the deed restriction. Mr. Garcia stated he needs to be able to provide a room for �y his Mother -in -law, and although he would rather not have a deed restriction on the property, he would be acceptable of this since he needs to establish the room as soon as possible. The public hearing closed at 7:21 p.m. The Planning Commission deliberated on the item and continued to dialogue with staff. Commission discussion generally included: whether it is considered a waste of resources if the fifth bedroom will be taken down when its use is no longer needed; removing the deed restriction; that this is a special circumstance where reasonable accommodation is applied and it should not set a precedent; whether Mr. Garcia's tandem parking situation does meet the intent of providing three -car garage parking spaces; future property owners use of the fifth bedroom addition; future inspections of the property to ensure that the property is adhering to code thus eliminating the necessity of a deed restriction; ensuring that removal of the deed restriction would not set a precedent or create a unique economic benefit; and, elaboration on the consequences if the deed restriction is removed. The Director stated an option for the Commission's consideration would be to amend the City Council's Ordinance to allow tandem parking citywide for homes with five bedrooms, or to eliminate the Minutes — Planning Commission May 14, 2013 — Page 3 of 6 necessity of a third parking space in conjunction with five bedroom residences. Stated that providing a deed restriction was the best way to permit the applicant to add a fifth bedroom without meeting the strict three-car garage space requirement or setting a precedent. Stated that if the Commission was not in favor of the deed restriction, it should be removed entirely, rather than being modified or imposing new conditions. Stated the Variance before the Commission is not similar to a Conditional Use Permit (CUP) and cannot be continually monitored as with a typical CUP. Stated planning staff is in support of the recommendation as provided, including the deed restriction, but the deed restriction may be removed it the Commission is so desirous. The Commission decided to remove the deed restriction and add additional findings to Resolution No. 4225 based on their given deliberation, including that, the residence previously maintained five bedrooms prior to the adoption of Ordinance No. 1354 (parking Ordinance) which enacted the requirement of a three car garage for single family residences with five or more bedrooms. Therefore, the proposed bedroom addition would maintain the historical bedroom count of five bedrooms. Amendments were made to Resolution No. 4225 in items E 6 and E 7, and Condition of Approval items 2.1 and 2.2. Motion: It was moved by Kozak, seconded by Thompson, to adopt Resolution No. 4225 as amended. Motion carried 5-0. Received and Filed 4. SUMMARY OF PROJECTS The Summary of Projects report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. RECOMMENDATION: That the Planning Commission receive and file this item. DiLeva-Johnson Gave a presentation of the Summary of Projects. Planning Commission questions included whether or not "geo-data" was available to pinpoint graffiti incidents on a map. Motion: It was moved by Kozak, seconded by Altowaiji, to receive and file the item as provided. Motion carried 5-0. Minutes — Planning Commission May 14, 2013 — Page 4 of 6 No IN WON STAFF CONCERNS: The Director reported as follows: • There will be a Planning Commission Tour of the City to be held on Tuesday, May 28th leaving City Hall at 5:00 p.m. COMMISSION CONCERNS: Smith • Congratulated staff on awards they received for their projects from the OC American Planning Association. Lumbard Stated the second OC Parks Workshop for the North Hangar project is upcoming and encouraged his fellow Commissioners to attend. Altowaiji • Congratulated staff on their OC APA Awards and enjoyed being there to watch staff receive their awards. Thompson Stated the hotel site is looking great, is impressed with the progress of the project; • Reached a milestone in completing his education through receiving an MBA. Kozak Congratulated Chair Pro Tern Thompson on his achievement; • Had the honor to attend the OC APA Awards Ceremony and added that staff won awards for their projects in the following categories: • Best Practices — Old Town Parking Ordinance • Focused Issue Planning — Cultural Resources District Residential Design Guidelines • Making Great Communities Happen — First Street Specific Plan • Stated the Tustin High School Basketball team won their CIF Championship title, congratulated the team; • Attended the Tustin Historical Society Home and Garden Tour and stated there was record attendance to the event; • Attended a Tustin Preservation Conservancy meet-and-greet, enjoyed this event; • Stated the Orange County Goodwill Boutique will be having a grand opening event; • Reminded the audience about the upcoming Chili Cook-off on June 2 nd Minutes — Planning Commission May 14, 2013 — Page 5 of 6 Off-TOTO F363101mamt:10411 The next meeting of the Planning Commission is scheduled for Tuesday, May 28, 2013, at 5:00 p.m. for a Tour of the City, leaving from City Hall at 300 Centennial Way. . TEV OZAK ChairpVSon ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission May 14, 2013 — Page 6 of 6