HomeMy WebLinkAboutPC 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 Tem 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 Wilikom, 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. Hutter, Senior Planner
Adrianne DiLeva- Johnson, Senior Management Assistant
Vera Tiscareno, Executive Secretary
None PUBLIC CONCERNS
Approved CONSENT CALENDAR:
1. APPROVAL OF MINUTES — November 12, 2013 PLANNING
COMMISSION MEETING.
RECOMMENDATION:
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
2. GENERAL PLAN CONFORMITY DETERMINATION —
RELOCATION OF ARMY RESERVE CENTER. r
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.
RECOMMENDATION:
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.
Motion: It was moved by Altowaiji to adopt Resolution 4242, seconded by
Smith. Motion carried 5 -0.
3. 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
Minutes — Planning Commission December 10, 2013 Page 2 of 13
the City's goals for the 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.
RECOMMENDATION:
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.
PUBLIC HEARINGS:
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.
RECOMMENDATION:
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.
APPLICANT: Mark Schechter
Ideal Luxury LLC
17772 E. 17 Street, Suite 110
Tustin, CA 92780
PROPERTY
OWNER:
LOCATION:
ENVIRONMENTAL:
GRE Tustin Financial Plaza, LLC
4440 Von Karman Ave., Suite 350
Newport Beach, CA 92660
17772 E. 17" Street, Suite 110
This project is categorically exempt pursuant to Section 15301
(Class 1) of the California Environmental Quality Act (CEQA).
RECOMMENDATION:
That the Planning Commission:
1. 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
Minutes — Planning Commission December 10, 2013 Page 4 of 13
(limited to luxury items); control of sales items; applicant's condition on
allowing items being sold to seller again; and professionalism of website.
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).
Minutes — Planning Commission December 10, 2013 Page 5 of 14
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
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
Minutes — Planning Commission December 10, 2013 Page 6 of 14
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.
ENVIRONMENTAL:
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:
1. 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.
Minutes — Planning Commission December 10, 2013 Page 7 of 13
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.
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.
Willkom 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.
Willkom 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.
Minutes — Planning Commission December 10, 2013 Page 8 of 13
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.
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.
Willkom 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.
Minutes — Planning Commission December 10, 2013 Page 9 of 13
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 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.
REGULAR BUSINESS:
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.
APPLICANT:
PROPERTY
OWNER:
Leon Tran
7332 20th Street, # E
Westminster, CA 92683
Hiep Bui
675 W. Third Street
Tustin, CA 92780
Minutes — Planning Commission December 10, 2013 Page 10 of 13
LOCATION: 675 W. Third Street
Tustin, CA 92780
ENVIRONMENTAL:
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.
RECOMMENDATION
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.
Minutes — Planning Commission December 10, 2013 Page 11 of 14
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.
Directed staff to forward g. 2013 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
to the State Office of
Historic Preservation. 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
Binsack Informed Commission
answered by staff.
Commission.
that any specific questions can be
There were no questions from the
Motion: 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
Development
The Director reported as follows:
Happy Holidays to everyone!
Minutes — Planning Commission December 10, 2013 Page 12 of 14
of Community
COMMISSION CONCERNS:
Lumbard 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.
Altowaiji Attended the Tustin Ranch Road opening 11/23/13 - great way to
celebrate the progress in Tustin!
Smith Favorable comments to the applicant (Item #7) for making changes to
improve the community.
Thompson Attended:
• 11/21/13 Mayor's Thanksgiving Breakfast — great event!
• 11/23/13 Tustin Ranch Road opening
• 11/24/13 Participated in the Special Olympics fundraiser
USC vs. UCLA.
• 12/3/13 City Council re- election. Congratulated Mayor
Murray and Mayor Pro Tern Puckett on
another great year!
• 12/10/13 OC Business Council Business Meeting
Kozak
Update:
• Southern California Gas Company update — system wide
upgrades
• American Society Civil Engineers History
Merry Christmas, Happy Hanukkah, Happy New Year!
Attended:
• 11/21/13 Mayor's Thanksgiving Breakfast. Ms. Runnion's
speech was memorable.
11/23/13 Tustin Ranch Road opening (estimated 700 in
attendance).
• 12/3/13 City Council re- election
• 12/6/13 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!
Minutes — Planning Commission December 10, 2013 Page 13 of 14
9:08 p.m. ADJOURNMENT:
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.
2-
TEV ZAK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes — Planning Commission December 10, 2013 Page 14 of 14