HomeMy WebLinkAbout01 PC Minutes 12-10-13MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
DECEMBER 10, 2013
7:07 p.m. CALL TO ORDER
Given INVOCATION/PLEDGE OF ALLEGIANCE:
Chair Kozak
ROLL CALL:
Present: Chair Kozak
Chair Pro Tern Thompson
Commissioners Altowaiji, Lumbard and Smith
Staff Present Elizabeth A. Binsack, Director of Community Development
Lois Bobak, Assistant City Attorney
Dana L. Ogdon, Assistant Director of Community Development
Justina Willkom, Assistant Director of Community Development
Ken Nishikawa, Deputy Director of Public Works - Engineering
Scott Reekstin, Principal Planner
Amy Stonich, Senior Planner
Ryan Swiontek, Senior Planner
Edmelynne V. Huffer, Senior Planner
Adrianne DiLeva-Johnson, Senior Management Assistant
Vera Tiscareno, Executive Secretary
Approved CONSENT CALENDAR:
1 APPROVAL OF MINUTES — November 12, 2013 PLANNING
COMMISSION MEETING.
NXSTOUNZIXMi •
That the Planning Commission approve the minutes of the
November 12, 2013 meeting as provided.
Motion: It was moved by Altowaiji, seconded by Smith, to approve the minutes as
amended. Motion carried 5-0.
Minutes — Planning Commission December 10, 2013 Page 1 of 13
Motion:
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The City is currently in negotiations with the U.S. Army for a potential
relocation from their current Army Reserve Center located on
Barranca Parkway adjacent to The District shopping center to the
future location at the north east corner of Red Hill Avenue and future
Warner Avenue. The future site is currently owned by the City and the
City is entering into a real estate transaction with the Army to allow for
the relocation. The relocation would benefit both the U.S. Army and
the City of Tustin.
APPLICANT: City of Tustin
PROPERTY
OWNER: City of Tustin
LOCATION: North east corner of Red Hill Avenue and future
Warner Avenue
ENVIRONMENTAL DETERMINATION:
General Plan Conformity determinations required by Government
Code Section 65402(a) are not considered "Projects" requiring
environmental review pursuant to the California Environmental
Quality Act.
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That the Planning Commission adopt Resolution No. 4242
determining that the location, purpose, and extent of the proposed
disposition of approximately 15 acre site to accommodate the
relocation of Army Reserve Center is in conformance with the Tustin
General Plan.
It was moved by Altowaiji to adopt Resolution 4242, seconded by
Smith. Motion carried 5-0.
COMMERCIAL DESIGN GUIDELINES FOR THE CULTURAL
RESOURCE DISTRICT — UPDATE AND OVERVIEW.
The format and appearance of the Draft Commercial Design
Guidelines for the Cultural Resource District are modeled after the
recently updated Residential Design Guidelines. Like the
Residential Guidelines, the Commercial Design Guidelines serve as
a guide to assist property owners, architects, contractors, and other
design professionals in understanding the City's goals for the
Minutes — Planning Commission December 10, 2013 Page 2 of 13
preservation of historically significant buildings and neighborhoods.
Another purpose is to provide basic principles for achieving quality
design and development compatible with the character of the
Cultural Resource District; the guidelines often help property owners
and design professionals in designing projects that are acceptable
and consistent with the design criteria and standards established for
the Cultural Resource District.
That the Planning Commission receive the overview draft Commercial
Design Guidelines for the Cultural Resource District.
Thompson Requested that this item be pulled from the Consent Calendar for discussion.
General comments included: signs being evaluated for Old Town should
celebrate history, seismic retrofit program (rehabilitate structure), and
definition of signage to show significant impact to a structure which has
been rehabilitated. Overall, a very comprehensive list.
Motion: It was moved by Thompson, seconded by Altowaiji to receive the draft
guidelines. Motion carried 5-0.
Received the 4. CONDITIONAL USE PERMIT 2013-11 —155 S. MYRTLE
applicant's withdrawal. The applicant provided a written request to withdraw the application
for CUP 2013-11. Permits have been issued to abate all code
enforcement issues for the single family residence and the 2-story
accessory building.
That the Planning Commission receive the applicant's written request
to withdraw the application for CUP 2013-11 and remove this item
from the calendar.
Stonich Provided a brief presentation.
The public hearing opened/closed at 7:15 p.m. No members of the public
stepped forward.
Motion: It was moved by Kozak, seconded by Thompson, to receive the applicant's
written request to withdraw the application and to remove from the calendar.
Motion carried 5-0.
Minutes — Planning Commission December 10, 2013 Page 3 of 13
Adopted Resolution
Nos. 4240 and
4241 as amended.
5. USE DETERMINATION 2013-01 & CONDITIONAL USE PERMIT
2013-17.
Use Determination 2013-01 is a request to allow pawnbroker offices
as a conditionally permitted use within the Planned Community
Business Park (PC BUS PARK) zoning district. Additionally,
Conditional Use Permit 2013-17 is a request to operate a pawnbroker
office located within an existing 898 square foot office suite.
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LOCATION
ENVIRONMENTAL:
Mark Schechter
Ideal Luxury LLC
17772 E. 17th' Street, Suite 110
Tustin, CA 92780
GRE Tustin Financial Plaza, LLC
4440 Von Karman Ave., Suite 350
Newport Beach, CA 92660
17772 E. 17th Street, Suite 110
This project is categorically exempt pursuant to Section 15301 (Class
1) of the California Environmental Quality Act (CEQA).
That the Planning Commission:
Adopt Resolution No. 4240, approving Use Determination
2013-01 to allow pawnbroker offices as a conditionally
permitted use within the Planned Community Business Park
(PC BUS PARK) zoning district.
2. Adopt Resolution No. 4241, approving Conditional Use
Permit 2013-17 to operate a pawnbroker office located within
an existing 898 square foot office suite at 17772 E. 17th
Street, Suite 110.
Swiontek Gave a presentation of the item. Minor revision made to Resolution 4240
(typographical error in zoning district).
Commission questions/concerns/comments generally included: outline of
security measures (i.e. camera system, alarm); discretion of sales; location of
inventory; use restriction (item 2.1) on types of sales items (limited to luxury
items); control of sales items; applicant's condition on allowing items being
sold to seller again; and professionalism of website.
Minutes — Planning Commission December 10, 2013 Page 4 of 13
The public hearing opened at 7:22 p.m.
Applicant, Mark Schechter had favorable comments for City staff. He
addressed each of the Commission's questions /concerns. Mr. Schechter's
comments generally included: Background on his pawn shop experience;
discretion of sales (i.e. appointment only, private office); on -site safe; UL
listed (meets certain requirements); installed cameras; sales by appointment
only; City's restrictions; the term is an "illegal loan" (per the Department of
Justice) in the event there are stolen items; the pawnbroker cannot "promise"
the item will be made available once the loan period has expired; and the
alarm system.
Swiontek His comments generally included: Standard criminal background check
completed by Tustin P.D.; pawnbroker permit has been approved by Tustin
P.D.; however pending the CUP; City does not want to see a "typical pawn
shop" (i.e. guitars, furniture, etc.); applicant would need to seek approval
from Community Development prior to engaging in sales and would need to
be approved in writing by the Director; if the loan period has expired, the
pawnbroker takes possession of the item and does not have to guarantee
return of the item.
The public hearing closed at 7:28 p.m.
Bobak Commented on the ease of having a Conditional Use Permit.
Willkom Referred the Commission to the Tustin City Code relating to Pawnbroker
regulations.
Smith Requested a definition of limiting the pawning of luxury items.
Thompson Supports the item and likes that it runs similar to an office and not a shop.
Kozak Favorable comments regarding sales in an office setting rather than a typical
pawn shop and the Conditional Use Permit. He would like "no other sign
shall be installed unless consistent with the Master Sign Program and
approved by the Community Development Director" to be added to Condition
2.6.
Motion: It was moved by Smith, seconded by Altowaiji. Motion carried to adopt
Resolution Nos. 4240 and 4241 as amended (5 -0).
Adopted Resolution 6. GENERAL PLAN CONFORMITY, DEVELOPMENT
Nos. 4238 and AGREEMENT (DA) 2013 -003, SPECIFIC PLAN
4239 as amended. AMENDMENT 2013 -002, TENTATIVE TRACT MAP
17507, CONCEPT PLAN 2013 -002 AND DESIGN
REVIEW 2013 -006 FOR THE DEVELOPMENT OF 375
HOMES WITHIN NEIGHBORHOOD G, MCAS TUSTIN
SPECIFIC PLAN
Minutes — Planning Commission December 10, 2013 Page 5 of 13
This item is a request to approve:
A General Plan Conformity finding that the location,
purpose, and extent of the proposed disposition of an
approximately 78 acre site within Neighborhood G of
the MCAS Tustin Specific Plan for the development of
375 residential units is in conformance with the
approved General Plan.
2. A Specific Plan Amendment 2013-002, an amendment
to the MCAS Tustin Specific Plan, to allow guest
parking be provided on private local streets.
3. A Concept Plan 2013-002 to develop 375 residential
units and ensure necessary linkages are provided
between the development project, the integrity of the
Specific Plan and purpose and intent of the
neighborhood is maintained, and applicable City
requirements are identified and satisfied.
4. A Tentative Tract Map 17507 to subdivide an
approximately 78 acre site into 376 numbered lots and
75 lettered lots for the development of 375 single
family detached units, a focal park, and other
neighborhood amenities.
5. A Design Review 2013-006 for the design and site
layout of 375 single family detached units, a focal park,
and other neighborhood amenities.
6. A Development Agreement 2013-003 to facilitate the
development and conveyance of an approximate 78
acre site within the boundaries of MCAS Tustin
Specific Plan.
APPLICANT: Standard Pacific Corp.
15360 Barranca Parkway
Irvine, CA 92618
PROPERTY
OWNER: City of Tustin
LOCATION: Generally bounded by future Moffett Drive
to the north, Jamboree Road to the east,
Warner Avenue off-ramp to the south, and
future Park Avenue to the west within
Planning Area 15 of Neighborhood G,
MCAS-Tustin Specific Plan.
Minutes — Planning Commission December 10, 2013 Page 6 of 13
An environmental checklist has been
prepared for the project and concluded
that these actions do not result in any new
significant environmental impacts or a
substantial increase in the severity of any
previously identified significant impacts in
the FEIS/EIR. Moreover, no new
information of substantial importance has
surfaced since certification of the
FEIS/EIR.
RECOMMENDATION:
That the Planning Commission adopt
Resolution No. 4238, determining that the
location, purpose, and extent of the proposed
disposition of an approximately 78 acre site
within neighborhood G of the MCAS Tustin
Specific Plan for the development of 375
residential units is in conformance with the
approved general plan.
2. That the Planning Commission adopt
Resolution No. 4239, recommending that the
City Council approve:
a. Specific Plan Amendment 2013-002, an
amendment to the MCAS Tustin
Specific Plan to allow guest parking be
provided on private local streets.
b. Concept Plan 2013-002 to develop 375
residential units and ensure necessary
linkages are provided between the
development project, the integrity of the
specific plan and purpose and intent of
the neighborhood is maintained, and
applicable city requirements are
identified and satisfied.
C. Tentative Tract Map 17507 to subdivide
an approximately 78 acre site into 376
numbered lots and 75 lettered lots for
the development of 375 single family
detached units, a focal park, and other
neighborhood amenities.
Minutes — Planning Commission December 10, 2013 Page 7 of 13
d. Design Review 2013-006 for the design
and site layout of 375 single family
detached units, a focal park, and other
neighborhood amenities.
e. Development Agreement 2013-003 to
facilitate the development and
conveyance of an approximate 78 acre
site within the boundaries of MCAS
Tustin specific plan.
Smith Asked to be recused since he is within 500 feet of the Peters Canyon
Channel.
Willkorn Gave a presentation of the item.
Standard Pacific (Stan Pac) conducted a traffic study, there is no significant
impact, and it is within the FEIS/EIR. "Community Schedule" — Stan Pac
provided estimated dates (begin 2014). Project completion estimated to be
completed 2017 pending marked conditions. Revised Development
Agreement was provided to the Commission. Minor revision made to
Section 3.1.1C and the applicant was informed of the change and agreed
with the new language.
Thompson Questioned Peter's Canyon Channel Program — development threshold of
units being installed in 2015. Asked where the City is with the process.
Willkorn City entered into an agreement to complete the improvement of Peter's
Canyon Channel and the agreement included the provision that prior to
issuance of 1001 Building Permit (Master Development Footprint) which
states the improvements to the channel must have commenced. Condition
11.4 has been included in Resolution 4239 and is consistent with the
agreement the City has with the Peter's Canyon improvement.
Binsack Clarified 1001 Building Permit for any unit that drains into that channel rather
than those in the Master Development footprint.
Lumbard With regard to traffic, Warner Ave. to the south is the current off-ramp from
Jamboree for this particular neighborhood. Questioned what the plans are to
expand Warner to handle the increased traffic flow.
Nishikawa Currently no plans to increase Warner Ave. It is designed to withstand the
capacity build-out for the area. Intersection mitigation requirements still have
to be completed, but the street itself is wide enough for that capacity. Plans
to extend Warner Ave. to Red Hill Ave. to complete circulation route through
Tustin Legacy.
Minutes — Planning Commission December 10, 2013 Page 8 of 13
Thompson Requested further information regarding the small block walls serving as
sound attenuation for the noise. Also requested location of the condition
regarding sound attenuation items. Questioned the structure of the
Conditions of Approval.
Nishikawa An acoustical report was done within the study. In conclusion, sound walls
are required along Jamboree. A wall would have to continue throughout the
area. There are building issues that have to be addressed and must meet
the requirements of the building permit to cover the 2nd floor of the 2-story
homes.
Wilikom Response to questions generally included: the sound attenuation (Condition
9.1 through 9.3, Resolution 4239); Exhibit C of Resolution 4239; Standard
Conditions and Building Plan submittal (architectural, color, material,
landscape, hardscape, etc.); CC&R's standard conditions with additional
specific conditions related to Sheldon products; standard homebuyer
notifications; and public improvements specific to the project.
Altowaiji Questioned public use of focal park and guest parking.
Willkom Conditions of Approval show easement into the focal park (Condition 11.2 of
Exhibit C indicates public access will be provided). It will be stated in the
CC&R's for garage use and guest parking. Homeowner's association will
handle enforcement of the CC&R's. Homebuyers will also be notified of the
same.
Bobak The Conditions Of Approval requires there be public access to the focal park.
Then it becomes how the Commission wants to implement the Conditions of
Approval.
Nishikawa There will be a separate instrument to address public use of the focal park.
Private street standards will be used for private streets.
Binsack Referred the Commission to Resolution 4239 for CC&R's requirements
(parking).
The public hearing opened at 8:19 p.m.
Sean Doyle, representing Standard Pacific Homes, commended City staff for
their efforts with the project.
The Commission's comments/concerns generally included: density of the
development (focal park); price range of homes; elevation views of side
yards; width of the street for parking; and guest parking.
Mr. Doyle addressed each of the Commission's questions/concerns. His
comments generally included: Overall density is currently required by the
Specific Plan which is included in the packet (C-2.1, E-2.2); home prices will
Minutes — Planning Commission December 10, 2013 Page 9 of 13
approximately range from $500K - $900K; elevations for side yards and
windows; conditions in regards to enhancements for public views from the
street; width of the streets are wider than the standard city streets, curbs, and
gutters.
The public hearing closed at 8:35 p.m.
Willkom Referred to the entitlement documents regarding density. Condition 3.1
Exhibit C (enhanced elevations shown). Section EE key map shown —
sound wall in rear yard.
Lumbard Agrees the City is in conformance with the General Plan.
Altowaiji Has a concern with parking and does not want it to become a problem for the
City.
Thompson Comprehensive package. Favorable comments. Requests an amendment to
the qualifications to the Condition of Approval 3.1 asking staff to further
evaluate Jamboree and Warner Avenue off ramp.
Kozak Favorable comments. Noted the amendment to the Development Agreement
which was provided to the Commission.
Motion: It was moved by Thompson, seconded by Lumbard. Smith abstained.
Motion carried 4-0-1.
Adopted Resolution 7. DESIGN REVIEW 2013-007 FOR 675 W. THIRD STREET
No. 4237 as amended.
Design Review (DR 2013-007) to construct a two car garage and
remodel an existing single family residence for code compliance at
675 W. Third Street.
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ENVIRONMENTAL:
Leon Tran
7332 20th Street, # E
Westminster, CA 92683
Hiep Bui
675 W. Third Street
Tustin, CA 92780
675 W. Third Street
Tustin, CA 92780
This project is categorically exempt pursuant to Section 15301, Class
1 and 15303, Class 3 of Title 14, Chapter 3 of the California
Environmental Quality Act.
Minutes — Planning Commission December 10, 2013 Page 10 of 13
That the Planning Commission adopt Resolution No. 4237, approving
Design Review (DR) 2013-007 to construct a new two car garage and
remodel an existing single family residence for code compliance at
675 W. Third Street,
Altowaiji Asked to be recused since he is within 500 feet of the site location.
Stonich Gave a presentation of the item.
Binsack Included findings for the Commission's consideration before making
a final decision. Stated the findings require deed restrictions and the
concern of an illegal conversion of the garage in the future (item H-7
in Resolution 4237).
Smith Concerned with the proposal now being four (4) bedrooms whereas
in the past, three (3) bedrooms were allowed. Also, if any square
footage would be removed from the remodel.
Stonich The proposal had to accommodate the two-car garage being
converted. The parking ordinance has a maximum of four (4)
bedrooms for a two-car garage. Patio area to be reopened and the
porch will have some square footage removed.
Lumbard Questioned the level of impact of the Deed Restrictions.
Bobak Stated a recorded document puts future owners on notice of what
the property can be used for. This is yet another way for the City to
ensure future property owners know their limitations.
Thompson Questioned the reasoning for Wells Fargo selling the home when
there were numerous violations.
Stonich Property was taken over as a foreclosure.
Kozak Clarified the property owner worked with the City with applications,
deed restrictions, etc. Invited the property owner to make any
comments.
Leon Tran, applicant, spoke. He ensured the City codes would be
followed.
Motion: It was moved by Thompson to adopt Resolution No. 4237 as
amended, seconded by Kozak. Altowaiji abstained. Motion carried
4-0-1.
Minutes — Planning Commission December 10, 2013 Page 11 of 13
Directed staff to forward
to the State Office of
Historic Preservation.
Binsack
Motion:
Altowaiji
Smith
Attached for the Planning Commission's consideration is a copy of the
City of Tustin Certified Local Government (CLG) Annual Report for the
reporting period between October 1, 2012, and September 30, 2013.
The Annual Report summarizes the City's historic preservation efforts
and describes how the City met all of the minimum requirements of
the Certified Local Government program during the 2012/2013
reporting period. The Annual Report will be transmitted to the State
Office of Historic Preservation by December 31, 2013.
RECOMMENDATION:
That the Planning Commission direct staff to forward the Annual
Report to the State Office of Historic Preservation.
Presentation: Scott Reekstin, Principal Planner
Informed Commission that any specific questions can be answered
by staff. There were no questions from the Commission.
It was moved by Smith, seconded by Lumbard to forward the report to
the State Office of Historic Preservation. Motion carried 5-0.
STAFF CONCERNS:
Presentation: Elizabeth A. Binsack, Director of Community Development
The Director reported as follows:
Happy Holidays to everyone!
COMMISSION CONCERNS:
Attended:
• 11/23/13 Tustin Ranch Road opening — well done event!
• 12/3/13 City Council re-election
• 12/6/13 City's Christmas Tree Lighting
• 12/14/13 One year anniversary of the Sandy Hook tragedy. In
remembrance, people were asked to light a candle the
night before to remember the children and victims of
that tragic event.
Attended the Tustin Ranch Road opening 11/23/13 - great way to celebrate
the progress in Tustin!
Favorable comments to the applicant (item #7) for making changes to
improve the community.
Minutes — Planning Commission December 10, 2013 Page 12 of 13
Thompson Attended:
• 11/21/13
• 11/23/13
• 11/24/13
• 12/3/13
0 12/10/13
Mayor's Thanksgiving Breakfast — great event!
Tustin Ranch Road opening
Participated in the Special Olympics fundraiser USC vs.
UCLA.
City Council re-election. Congratulated Mayor Murray
and Mayor Pro Tern Puckett on another great year!
OC Business Council Business Meeting
Update:
• Southern California Gas Company update — system wide upgrades
• American Society Civil Engineers History
Merry Christmas, Happy Hanukkah, Happy New Year!
Kozak Attended:
• 11/21/13
• 11/23/13
• 12/3/13
• 12/6/13
Mayor's Thanksgiving Breakfast. Ms. Runnion's
speech was memorable.
Tustin Ranch Road opening (estimated 700 in
attendance).
City Council re-election
29th City's Christmas Tree lighting.
Thanks to staff for all of your work during the year! Support and collaboration
with the Planning Commission. Merry Christmas, Happy Hanukkah, Happy
New Year and see you in January 2014!
9:08 p.m. ADJOURNIYIENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, January 14, 2014, at 7:00 p.m. in the City Council Chamber at
300 Centennial Way.
Minutes — Planning Commission December 10, 2013 Page 13 of 13