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Home My WebLink About01 Minutes Planning Commission Meeting 1-14-14MINUTES ITEM #1 REGULAR MEETING TUSTIN PLANNING COMMISSION JANUARY 14, 2014 8:00 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 Willkom, Assistant Director of Community Development 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 None PUBLIC CONCERNS Approved CONSENT CALENDAR: 1. APPROVAL OF MINUTES — DECEMBER 10, 2013 PLANNING COMMISSION MEETING RECOMMENDATION: That the Planning Commission approve the minutes of the December 10, 2013 meeting as provided. Motion: It was moved by Thompson, seconded by Kozak, to approve the minutes of the December 10, 2013 meeting. Motion carried 5 -0. 2. SENATE BILL NO. 751 AMENDMENT TO THE BROWN ACT Senate Bill No. 751 has amended the Brown Act to require, effective January 1, 2014, that the "legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action." This bill adds to Government Code section 54953(c)(2) as a clarification to the existing law to make certain that it is always possible to determine from the record who voted yes, no, or abstained. Minutes — Planning Commission January 14, 2014 — Page 1 of 5 The Brown Act ensures that the public is aware of how the legislative body votes on all matters. In situations where it is likely to be difficult to determine how a particular member voted, or whether a member abstained, the legislative body may desire to conduct a roll call vote to ensure compliance with Senate Bill No. 751. Further good practice is the inclusion of a vote tally, and any abstentions, as part of the official minutes. RECOMMENDATION: That following each action by the Planning Commission, the Chair summarizes all votes verbally in compliance with Senate Bill No. 751. Motion: Adopted action required in summarizing the votes of the members of Commission in accordance with the law. It was moved by Thompson, seconded by Kozak. Motion carried 5 -0. PUBLIC HEARINGS: Adopted 3. CONDITIONAL USE PERMIT 2013 -16 FOR AMALFI APARTMENT Resoluion HOMES MASTER SIGN PLAN No. 4245 as amended The application is for a master sign plan to establish permanent and temporary signage for Amalfi Apartment Homes (formerly Legacy Villas). The proposal includes project identification signs, permanent directional and temporary signs. APPLICANT: Baab & Associates (for The Irvine company) 1469 Voyager Drive Tustin, CA 92782 PROPERTY OWNER: Legacy Villas, LLC (c /o The Irvine Company) 550 Newport Center Drive Newport Beach, CA 92660 LOCATION: 16000 Legacy Road ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15311 (Class 11) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4245 approving Conditional Use Permit (CUP) 2013 -16 to authorize establishment of a master sign plan for the Amalfi Apartment homes as required in the Tustin City Sign Code. Minutes — Planning Commission January 14, 2014 — Page 2 of 5 Stonich Provided a presentation of the item. Public hearing opened at 8:10 p.m. David Baab made favorable comments toward City staff. Public hearing closed at 8:13 p.m. Commission comments generally included: favorable comments regarding the master sign plan; and questioned the type of posts to be used — metal or wood. Stonich /Baab Referred Commission to Section 4D referencing the directional signs and asked David Baab to clarify further. In response, the posts would be metal. Motion: Adopted Resolution No. 4245 as amended (added Section 2.9). It was moved by Lumbard, seconded by Altowaiji. Motion carried 5 -0. Formal 4. VARIANCE 2013 -03 TO ALLOW UP TO A SIX (6) FOOT HIGH direction was FENCE WITHIN THE FRONT YARD SETBACK provided to staff. A request for a variance to keep an existing non - permitted five (5) feet six (6) inch to six (6) feet tall block wall within the required front yard setback where walls only three (3) feet in height or less are allowed. APPLICANT/ Andrew and Michele Denny PROPERTY 1151 Tiki Lane OWNER: Tustin, CA 92780 LOCATION: 1151 Tiki Lane Tustin, CA 92780 ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15270(a) — projects which are disapproved -of the California Environmental Quality Act (CEQA). =0103AIIVAiIA041162 %1 Is] ►E That the Planning Commission Adopt Resolution No. 4244, denying Variance 2013 -03 to allow a block wall taller than three (3) feet within the front yard setback of a single family residence located at 1151 Tiki Lane. Hutter Provided a presentation of the item. Commission questions /concerns /comments generally included: curb face width; permit process; dimensions not validated; and safety issues. City staffs responses generally included clarification regarding the setback requirements and property line. Minutes — Planning Commission January 14, 2014 — Page 3 of 5 The public hearing opened at 8:18 p.m. Andrew Denny's (applicant) comments generally included: Permit processing; communication failure with the City; referred to the City's website and plan application; and planners job description. Doug Anthony, resident at 1182 Tiki Lane, supporter of the applicant stated he supports the variance and feels the applicant is doing a positive thing for the community. Kurt Engstrom, resident at 1162 Tiki Lane, supporter of the applicant, stated he supports the variance. The public hearing closed at 8:37 p.m Bobak Commented on the law stating an applicant does not have the legal right to rely on an illegal permit. If the City were inclined, and if the Commission wanted to recognize the fact there was an error or good faith misunderstanding between the applicant and City staff, the City could direct staff to withdraw the variance application. Commission questions /comments /concerns generally included: City's liability when an applicant's plans are approved and the City makes an error; clarification on alternative options regarding enforcement; the amount expended by applicant; applicant clearly demonstrated compliance with the standards; property line dimensions; sympathy towards the process the City administers; concern with precedence for other City residents; parkway width; variance justification; request to change setback; all actions need to be approved by the City Council; alternative to the variance; any future action taken on the property for future homeowners; and instructions on how to prepare a site plan. Motion: Commission directed City staff to include in the City's official Building Permit file the following items: Withdrawn Variance application; copy of refund to the applicant; modified site plan; and findings to include complete explanation of initial approval. It was moved by Kozak, seconded by Altowaiji. Motion carried 5 -0. REGULAR BUSINESS: Received & 5. COMMUNITY DEVELOPMENT DEPARTMENT 2013 YEAR IN Filed REVIEW The Community Development Department's 2013 Year in Review summarizes the Community Development Department's activity throughout 2013 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. Minutes — Planning Commission January 14, 2014 — Page 4 of 5 RECOMMENDATION: That the Planning Commission receive and file the report. DiLeva- Johnson Provided a presentation of the item. Commission thanked staff for the presentation. Motion: Received and filed. Motion carried 5 -0. STAFF CONCERNS: Binsack Reminded Commission of Item #2 - same provisions for Senate Bill should also apply to the Building Board of Appeals. COMMISSION CONCERNS: Commissioners Lumbard, Altowaiji and Smith had nothing to report. Thompson Attended the following events: • 12/12/13 Senator Mimi Walters Open House • 12/17/13 ADHOC Committee for OCTA CAC Bicycle Subcommittee meeting • 1/7/14 Wally Karp Memorial 1/7/14 great ceremony Kozak Attended the Wally Karp Memorial. Commended the Police Chief and his staff for a memorable event. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, January 28, 2014, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes — Planning Commission January 14, 2014 — Page 5 of 5