HomeMy WebLinkAboutPC MIN 08-12-14MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 12, 2014
7:00 p.m. CALL TO ORDER
Given INVOCATION /PLEDGE OF ALLEGIANCE: Commissioner Smith
ROLL CALL:
Present: Chairperson Thompson
Chairperson Pro Tern Lumbard
Commissioners Altowaiji, Kozak, Smith
Staff Present Elizabeth Binsack, Director of Community Development
Lois Bobak, City Attorney
Justina Willkom, Assistant Director of Community Development
Dana Ogdon, Assistant Director of Community Development
Scott Reekstin, Principal Planner
Amy Stonich, Senior Planner
Edmelynne V. Hutter, Senior Planner
Ryan Swiontek, Senior Planner
Samantha Beier, Assistant Planner
Adrianne DiLeva- Johnson, Sr. Management Assistant
Vera Tiscareno, Executive Assistant
PUBLIC CONCERNS
Ms. Hilda Plummer, resident at 13661 Green Valley Drive, voiced her
concern for the safety of the neighborhood children due to a possible
rehabilitation home being located near San Juan Street and Tustin Avenue.
Thompson asked that Staff check with Code Enforcement or law enforcement
on safety involved. Per Binsack, Staff will follow up with Ms. Plummer on
outcome.
CONSENT CALENDAR:
Approved the Minutes 1. APPROVAL OF MINUTES — JULY 221 2014, PLANNING
of the July 22, COMMISSION MEETING.
2014 meeting, as
amended. RECOMMENDATION:
That the Planning Commission approve the minutes of the July 22,
2014 meeting as provided.
Motion: It was moved by Lumbard, seconded by Kozak, to approve the July 22, 2014
Minutes, as amended. Motion carried 5 -0.
PUBLIC HEARING:
Adopted Resolution 2. ZONE CHANGE 2014 -001, SUBDIVISION 2013 -01 FOR
No. 4263. TENTATIVE TRACT MAP 17665, CONDITIONAL USE PERMIT
2013 -011 AND DESIGN REVIEW 2013 -002 FOR THE
Minutes — Planning Commission — August 12, 2014 — Page 1 of 6
DEVELOPMENT OF SIX (6) SINGLE FAMILY DETACHED
RESIDENTIAL CONDOMINIUM UNITS AT 1381 -1391 SAN JUAN
STREET
REQUESTS:
1. Zone Change (ZC) 2014 -001 to change the
zoning from R3 -2700 to R3 2650 to reduce the
minimum lot area per family unit from 2,700
square feet to 2,650 square feet to allow the
development of six (6) residential condominium
units.
2. Subdivision (SUB) 2013 -01 for Tentative
Tract Map (TTM) 17665 for the subdivision of
an approximately 1/3 acre site consisting of
one (1) numbered lot and one (1) lettered lot
for the development of six (6) single family
detached condominium units.
3. Conditional Use Permit (CUP) 2013 -01 for the
development of condominium units in the R3
Zoning District, pursuant to the criteria of the
Planned Development (PD) District.
4. Design Review (DR) 2013 -002 for the design
and site layout of six (6) single family
detached condominium units and related
improvements.
APPLICANT: Alfonso Maciel
A &A Drafting
2017 W. Alco Avenue
Santa Ana, CA 92703
PROPERTY
OWNER: Shaygan Family Trust
19 Spike Moss
Irvine, CA 92603
LOCATION: 1381 -1391 San Juan Street
ENVIRONMENTAL:
This project is statutorily exempt pursuant to Section 15270(a) of the
California Code of Regulations (Guidelines for the California
Environmental Quality Act). CEQA does not apply to projects which a
public agency rejects or disapproves.
If Zone Change 2014 -001, Subdivision 2013 -01, Conditional Use
Permit 2013 -01 and Design Review 2013 -002 are not rejected or
disapproved, a new environmental review will be conducted
accordingly.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4263,
recommending that the City Council deny:
Minutes — Planning Commission — August 12, 2014 — Page 2 of 6
a. Zone Change 2014 -001, a request to change the zoning
from R3 -2700 to R3 PD -2650 to increase the allowable
density of the site to allow the development of six (6)
residential condominium units.
b. Subdivision 2013 -01 for Tentative Tract Map 17665 for the
subdivision of an approximately 1/3 acre site consisting of
one (1) numbered lot and one (1) lettered lot for the
development of six (6) single family detached condominium
units.
C. Conditional Use Permit 2013 -01 for the development of
condominium units in the R3 Zoning District.
d. Design Review 2013 -002 for the design and site layout of six
(6) single family detached condominium units and related
improvements.
Thompson Thompson stated, for the record, that he met with the applicant and the
architects at the site on July 27, 2014 to gain an understanding of the layout
of the site to discuss the issues and possible solutions.
Altowaiji For the record, Altowaiji met with the applicant and Staff six (6) months ago.
He advised the applicant to work with staff, as well as the adjacent property
owners, on the lot line adjustment.
Reekstin Presentation given.
Commission's concerns generally included: Units sharing drive -way access;
lack of parking spaces; various zoning districts; and maintenance of the
property.
Reekstin In response to the Commission's concerns, Reekstin stated that the concern
is not "sharing the driveway", but only that the shared driveway does not
provide any parking spaces (only the rear driveway provides access to
garage and guest parking); zoning allows up to five (5) units on the property;
and homeowners associations property maintenance seems to be an issue
with other condominium units within the City.
7:34 p.m. Public Hearing Opened.
Ms. Plummer's concerns generally included: Parking issue; she asked if the
applicant would consider underground parking; and lack of street space for
trash cans on trash day pick -up which causes sanitation issues due to non -
pick up.
Mr. James Maring's, concerns generally included: Parking issue and that the
neighboring school parking affects residential parking.
Mrs. Maia Bourquz's concern is parking being an issue with or without the
proposed project.
Mr. Bernard Bourquz commended Reekstin on his presentation. His
concerns generally included: Garages in neighborhood being used for
storage, not for cars; parking issue; and homeowner's association's challenge
of property maintenance due to low rate of participation.
Minutes — Planning Commission — August 12, 2014 — Page 3 of 6
Ms. Donna Karlen's concerns generally included: Parking issue and the lack
of street space for trash cans and the vacant lot overgrown with shrubs.
Mr. Ronald Nestor, representative for Mr. Shaygan, provided a Power Point
presentation.
Mr. Robert Snodgrass was concerned with the lack of parking.
8:08 p.m. Public Hearing Closed.
Commission's deliberation generally included: Staff and /or Council not being
given a chance to review Mr. Nestor's Power Point presentation prior to the
meeting; Commission's consideration of the discretionary actions since the
concern is "spot zone" change and the legal interpretation; building height;
5% minor adjustment was not part of Commission's consideration; asked if
units would only be frontage along Red Hill Avenue; confusion with which
standards are being applied; flexibility with parking; attempt to preserve
"community"; infill; adding footage to the Right -Of -Way; suggested Staff work
with the applicant and neighbors on finding solutions on mitigating parking
issues; asked if a zone change would be necessary if the applicant made one
of the units affordable; and that all Commissioners take into consideration all
concerns of the public.
Bobak Bobak's response to the Commission's questions generally included: Staff
did not receive any letter in advance (legal or otherwise contrary to the staff
report) of the meeting; asked the Commission to direct specific questions to
staff and then address those issues in a staff report to Council; the
Commission does have discretion and referred them to the list of actions in
the staff report; no property owner has a right to "maximum development" on
his /her property unless permitted as a matter of right (i.e. CUP); the
application states condominiums (which can legally be separately sold to
multiple owners) which is why a CUP would be required but not with
apartments (which are generally owned by one owner); spot zoning's basic
principle — should not zone individual parcels of property in a way that gives
the owners of that property significant advantage over adjacent properties
that do not have that same advantage or disadvantage; and no other property
in the City has zoning designation (R3 2650) that the applicant is asking for.
Reekstin Reekstin explained height differences in various zoning districts and that
Planned Development Standards do not specify height, but do apply to this
project; 5% minor adjustment is for a building site area which is a different
concept than lot area per family unit, which would be the minimum size for the
entire lot and this site exceeds the minimum requirement; the property was
annexed in the 1980's and it is likely the property is a "carryover zone" from
the County Standards.
Binsack Ms. Binsack's responses to the Commission's questions generally included:
Explained the various zoning districts; the City encourages infill development
and has goals and objectives to meet (i.e. affordable housing); she explained
the piecemeal approach; Binsack stated a comprehensive evaluation on an
environmental analysis would benefit nearby property owners if the City
required one of the units to be affordable; and if a Density Bonus (and
application) are requested on a unit and a very -low unit is proposed, then the
City has an obligation to grant the concession, but it is not the case in the
application presented to the Commission.
Minutes — Planning Commission — August 12, 2014 — Page 4 of 6
Motion: Item was moved by Lumbard, seconded by Smith, to adopt Resolution No.
4263, as provided, denying the application. Motion carried 4 -1. Altowaiji
dissented.
Binsack As a point of clarification, all items are appealable by the City Council,
however, no need for an appeal since it is a recommendation to the City
Council and will be tentatively scheduled in September. Notification of the
Council meeting will also be sent out to the attendees.
REGULAR BUSINESS:
Approved the 3. COMMENDATION AND TUSTIN HISTORIC REGISTER
recommended NOMINATION ARTZ BUILDING — 150 & 158 W. MAIN STREET
actions and will
forward to City The City of Tustin is nominating the property at 150 & 158 W. Main
Council for Street for a commendation and addition to the Tustin Historic
recognition. Register Plaque Program. Typically, the Tustin Preservation
Conservancy or the Tustin Area Historical Society would nominate a
property; however, a City- initiated nomination is being brought
forward to recognize that the building was constructed 100 years
ago in 1914.
RECOMMENDATION
That the Planning Commission: Approve the nomination of 150 &
158 W. Main Street to the City's Commendation Program and
Historic Register Plaque Program; select "Artz Building 1914" as the
most appropriate historical name and date of construction of the
property; and, forward the commendation to the City Council for
recognition.
Thompson Thompson recused himself since he owns property in close proximity to
this location, although there does not appear to be a conflict and stated it
was "out of abundance of caution ".
DiLeva- Johnson Provided a presentation of the item.
The Commission commended DiLeva- Johnson on a job well done on the
staff report.
Lumbard Lumbard asked for clarification on the name on the plaque. Suggested the
property could be a good candidate for the Pioneer Program.
DiLeva- Johnson DiLeva- Johnson clarified that the name will be "Artz Building" (year separate).
Motion: Kozak moved to approve the nomination, seconded by Altowaiji, to move
forward with the commendation to the City Council for recognition.
Thompson abstained.
STAFF CONCERNS:
Binsack The Tustin Pioneer Program was accepted at the last Commission meeting
and now staff will be reaching out to vendors on the busts and pedestals and
will keep the Commission apprised of the outcome. The draft Commercial
Design Guidelines (CDG), with the Commission's comments incorporated will
be presented at a future public forum. Binsack thanked those Commission
Minutes — Planning Commission — August 12, 2014 — Page 5 of 6
members who participated with the MIG interviews. The next steps will be to
interview key community leaders and then host a public workshop (first
workshop tentatively scheduled in early Fall).
COMMISSION CONCERNS:
Kozak Kozak commended Staff on the Public Hearing item. He continues
participating in the Concerts in the Park and thanked Parks & Recreation for
the "great lineup ". He also stated that school begins September 3rd and to
please be aware of children walking to /from school while driving. Kozak
stated he was meeting with MIG Friday, August 15, 2014.
Altowaiji Altowaiji commended staff on their hard work with the Public Hearing staff
report.
Smith Smith asked if the City had any requirements that unintentionally promoted
water use by restricting water - efficiency solutions, such as cisterns, to
preserve water, and if there were steps that could be taken in advancing
codes to adjust for situations such as this.
Lumbard Lumbard suggested Staff take a look at the overall zoning and plan in the
community and how the City's goals may conflict with what current language
says on how things are designated. "Stage 2 Water Alert Due to Drought
Awareness" was announced on August 5, 2014.
Thompson Thompson requested Staff write a memo to the Commission on Water
Conservation Measures that may be affecting zoning administrator decisions
that are made (i.e. not issuing building permits for pools) to help with
awareness; attended an OCTA Citizens Advisory Committee earlier this day.
Binsack Binsack stated the City does have a Water Conservation ordinance in place,
and other various model ordinances for landscaping improvements.
8:51 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, August 26, 2014, at 7:00 p.m. in the City Council Chamber at 300
Centennial Way.
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes — Planning Commission — August 12, 2014 — Page 6 of 6