HomeMy WebLinkAboutPC MIN 10-14-14MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
OCTOBER 14, 2014
7:00 p.m. CALL TO ORDER
Given INVOCATION/PLEDGE OF ALLEGIANCE: Chair Pro Tern Lumbard
Present: Chairperson Thompson
Chair Pro Tern Lumbard
Commissioners Altowaiji, Kozak, Smith
11
None. PUBLIC CONCERNS
Approved. CONSENT CALENDAR:
1. APPROVAL OF MINUTES SEPTEMBER 23, 2014, PLANNING
COMMISSION MEETING.
That the Planning Commission approve the minutes of the September
231 2014 meeting as provided.
Motion: It was moved by Kozak, seconded by Lumbard, to approve the
September 23, 2014 Minutes. Motion carried 5-0.
■
Item 2. CONDITIONAL USE PERMIT 2014-15 & DESIGN REVIEW 2014-009
Continued.
The proposed project is a request for an unmanned wireless
communication facility consisting of a sixty (60) foot tall mono-eucalyptus
faux tree with twelve (12) panel antennas and associated equipment
mounted to the structure. The project site is developed with nine (9)
storage buildings and is located at 14861 Franklin Avenue in the
Planned Community Industrial (PC IND) Zoning District.
Conditional Use Permit (CUP) 2014-15 and Design Review (DR) 2014-
009 were properly noticed for an October 14, 2014, public hearing.
However, based on the property owner's desire to change the proposed
location of the facility on the project site, the applicant requested a
continuance of the item to December 9, 2014.
Agenda — Planning Commission — October 14, 2014 — Page 1 of 9
That the Planning Commission continue consideration of CUP 2014-15
and DR 2014-009 to December 9, 2014.
7:03 p.m. Public Hearing opened.
Motion: It was moved by Smith, seconded by Altowaiji, to continue CUP 2014-15 and
DR 2014-009 to the December 9, 2014 Planning Commission meeting.
Adopted 3, CONDITIONAL USE PERMIT 2014-10 FOR ANTON LEGACY
Resolution APARTMENT HOMES MASTER SIGN PLAN
No. 4270.
A request to establish a master sign plan to allow signage at the Anton
Legacy Apartment Homes
APPLICANT: Andy Davidson
Anton Legacy Tustin, LP
1801 1 Street
Sacramento, CA 95811
OWNER: Steve Eggert
Anton Legacy Tustin, LP
1801 1 Street
Sacramento, CA 95811
LOCATION: 3100 Park Avenue, Tustin
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. 4270 approving
Conditional Use Permit (CUP) 2014-10 to authorize establishment of a
master sign plan for the Anton Legacy Apartment Homes as required in
the Tustin City Sign Code.
Stonich Presentation given.
Lumbard Lumbard requested clarification regarding the wording "At Tustin Legacy"
being added to the main monuments.
Stonich In response to Lumbard's comments, Stonich confirmed that the Conditions
of Approval state that the main monument signs (El and E9) would have the
words "At Tustin Legacy" added.
Agenda — Planning Commission -- October 14, 2014 — Page 2 of 9
Thompson Thompson had favorable comments regarding the "flow" of the context on
the monuments. He asked if the remaining signs throughout the Legacy
project would follow the main monuments motif or if the sign proposed was
unique to the local community enclave. Thompson also asked about the
affordable housing nature of the project being part of the signs or advertising.
Stonich Stonich responded to Thompson's question regarding the monuments,
stating the remaining pylon signs throughout the Legacy project would be
compatible with the main monuments.
7:11 p.m. Public Hearing opened.
The applicant, Andy Davidson, spoke on behalf of the project. Mr.
Davidson's comments generally included: There would be no flags for
advertising, only signs and advertising in local magazines.
Thompson Thompson asked Mr. Davidson how he would handle the non-qualifying
applicants for the affordable housing units.
Mr. Davidson stated Anton Legacy would direct the non-qualifying applicants
to The Irvine Company's (TIC) development (located across the street from
Anton Legacy).
Altowaiji Altowaiji asked Mr. Davidson if the current affordable housing list would be
"first come, first serve"; when the list was made public; and would those
displaced from the affordable Irvine Company units in Tustin Ranch receive
preference.
Mr. Davidson stated the list would be qualified and based on Fair Housing
laws. Management has a list in place, which continues to grow, and those
residents living in TIC's affordable communities in Tustin Ranch would have
preference.
Binsack In response to Altowaiji's question, St. Anton sent out an extensively
advertised press release mid-summer, handled by St. Anton's partners, as
well as the City's website. All applicants would need to be qualified; however
there would be preference for those applicants living and/or working in the
City of Tustin. The residents at the affordable communities in Tustin Ranch
could apply and/or TIC would direct them to St. Anton.
7:14 p.m. Public Hearing closed.
Smith Smith thanked staff and the developer for continuing the branding around the
Tustin Legacy.
Kozak Kozak had favorable comments regarding the Master Sign Plan.
Motion: It was moved by Altowaiji, seconded by Smith to adopt Resolution No. 4270.
Motion carried 5-0.
Agenda — Planning Commission — October 14, 2014 — Page _3 of 9
Adopted 4. TENTATIVE TRACT MAP (TTM) 17717 AND DESIGN REVIEW
Reso. No. (DR) 2014-02
4271, as
amended. A request to subdivide an approximately 2.25 acre site for
condominium purposes and construct twenty-six (26) for-sale single
family detached residences.
APPLICANT: Waft Communities LLC
2716 Ocean Park Blvd., Suite 2025
Santa Monica, CA 90405
=1019:01:40
OWNER: Jack E. & Marguerite M. Gould Family Trust &
Marguerite M. Gould 2003 Trust
636 Ambrose Lane
Tustin, CA 92780
LOCATION: 1872 San Juan Street
ENVIRONMENTAL:
This project is categorically exempt pursuant to Section 15332 (Class
32) of the California Environmental Quality Act (CEQA) pertaining to
in-fill development.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4271
approving TTM 17717 and DR 2014-02 authorizing the subdivision
of an approximately 2.25 acre parcel consisting of one (1) numbered
lot for the development of twenty-six (26) single family detached
condominiums.
Swiontek Presentation given. A letter of support, from the adjacent San Juan
Meadows Townhome Homeowner's Association, was presented to the
dais.
Smith Smith asked staff about the Park Impact fees. He also asked for
clarification on specifications in the CC&R's requiring parking enforcement
and making use of both spaces in the garage.
Swiontek Swiontek's response to Smith's questions generally included: The formula
in the Tustin City Code (TCC) is based on the amount of units and a
certain percentage of acreage per unit; the actual cost would need to be
assessed by the fair market value which is to be determined at this point;
and the TCC requirement is to use both spaces in garage for parking
vehicles and must maintain a 10x20 foot of free and clear space which will
be reiterated in the CC&R's and is also stated in the TCC.
Agenda — Planning Commission — October 14, 2414 — Page 4 of 9
Thompson Thompson referred to a letter within the report from the City of Irvine with
regard to traffic impacts at the City of Tustin's intersections.
Swiontek In response to Thompson's question, Swiontek referred to the North Irvine
Traffic Mitigation report which included some intersections in the City and
how levels of service would be impacted within the City.
7:3 9 p.m. Public Hearing opened.
Ms. Donna Clark, resident of San Juan Meadows, asked why the project
referred to the units as condominiums if they are 2-story single-family
homes. She stated condominiums usually share a common wall with
another unit. Ms. Clark is concerned with the noise being an issue when
construction commences and also asked if an ordinance was in place
referencing hours of construction.
Swiontek Swiontek's responses to Ms. Clark's concerns generally included: There is
an ordinance on hours of construction, which typically start at 7:00 a.m.
(weekdays), 9:00 a.m. (Saturdays), no work on Sundays or on Federal
holidays that the City observes.
Thompson Thompson asked staff when construction activity must cease. He also
asked if there would be a noise level regulation at the property line.
Thompson asked the applicant to explain the schedule/start of construction
and if there would be any impacts for the residents. Lastly, he asked what
the cost for the units would be.
Swiontek Swiontek's responses to Thompson's questions generally included:
Construction activity would cease at 6:00 p.m. [5:00 p.m. on Saturdays]
and noise levels are exempt during hours of construction since
construction is on a temporary basis; the applicant would need to comply
with the South Coast Air Quality Management District with regard to
construction, dust, debris, etc. on the site; and if any issues should arise,
Code Enforcement would get involved.
In response to questions/comments previously mentioned, the applicant,
Efrern Joelson stated in general: Introduced members of his team in the
audience; thanked Swiontek and staff for the positive staff report and the
process of the project; reiterated highlights of the project - pedestrian
connectivity; looped drive-ways; emergency access, trash access, livable
plan; secondary (common) water connection point with San Juan
Meadows; approximate parkland fees would be $525,000 ($20,000 per
unit); Waft Communities is on the homeowners' association (HOA) board
and would encourage the HOA to come up with their own parking
regulations which residents would need to adhere to; explained the
difference between single-family residence and a condominium unit (no lot
lines); HOA to maintain common areas; required to provide dust, erosion
control during construction, muffling, for heavy equipment; construction
would begin in the front row (Phase 1), then move backwards; plans to start
Agenda — Planning Commission — October 14, 2014 — Page 5 of 9
construction would commence approximately February 2015, construction
of the homes would take approximately 6 months, depending on the lender
and the sale of homes already built and on the housing market; cost would
start in the low $600K's; and models to be complete right after grading in
the first row of homes.
7:53 p.m. Public Hearing closed.
Altowaiii Altowaiji's comments/concerns generally included: Requested clarification
on dedication/easement of San Juan Street and on the required 25 ft.
easement required for the entrance; sewer system (public vs. private);
favorable comments to staff; and appreciates the cooperation of the
developer on the modified design.
Swiontek Swiontek stated that the property is still owned to center line of San Juan
Street. He then referred question to the Public Works Department.
*0
Nishikawa Nishikawa's response to Altowaiiis comments/concerns generally
included: Explanation of the research done on the project; the area in
question would be dedicated in fee; there would also be a water easement;
and the sewer is part of the O.C. Sanitation District therefore he could not
respond to whether or not it would be public/private.
Swiontek In response to whether or not the sewer would be public/private, Swiontek
stated anything on private property is private", except the water which
would be maintained by the City. ["I
Kozak Kozak had favorable comments for staff and the developer which generally
included: Cooperation and collaboration with the project; would like
amendments be made to the resolution stating "meets all development
standards" and that a "traffic assessment" (streets/intersections) was
complete.
Lumbard Lumbard had favorable comments for the project ("positive project for our
community"). His concern would be the effects of the construction for the
neighbors.
Smith Smith had favorable comments which generally included: The ingenuity of
the front of houses facing out onto San Juan; sense of single-family
neighborhood; relatively temporary state of affairs as far as construction
and noise levels; and he is confident that South Coast Air Quality
Management District would ensure the dust is taken care of.
Thompson Thompson had favorable comments which generally included: Well under
density; good circulation and surrounding areas; and he was bewildered by
the City of Irvine's traffic impact request and asked staff to add clarification
to the Resolution.
Agenda — Planning Commission — October 14, 2014 — Page 6 of 9
Motion: It was moved by Kozak, seconded by Altowaiji, to adopt Resolution No.
4271, as amended. Motion carried 5-0.
Adopted 5. SPECIFIC PLAN AMENDMENT 2014-001 (ORDINANCE NO.
Reso. No. 1450), MCAS TUSTIN SPECIFIC PLAN
4269
The proposed Specific Plan Amendment (SPA) will allow park
related uses within Planning Area 1 of the MCAS Tustin Specific
Plan. Planning Area 1 is generally located between Red Hill Avenue
and Armstrong Avenue and between Warner Avenue and Valencia
Avenue, and along Lansdowne Road.
ENVIRONMENTAL ANALYSIS:
An environmental checklist was prepared for the proposed project
that concludes that it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect
on the environment since the proposed amendment would not
increase the overall development potential or residential capacity
currently allowed by the adopted MCAS Tustin Specific Plan and
that the FEIS/EIR Addendums and Supplement are sufficient for the
proposed project.
1 1:1*01111 iii iiii; •
That the Planning Commission adopt Resolution No. 4269,
recommending that the Tustin City Council adopt Ordinance No.
1450, approving Specific Plan Amendment (SPA) 2014-001,
amending Section 3.3.2 (Planning Area 1) of the Marine Corps Air
Station (MCAS) Tustin Specific Plan district regulations by adding
park related uses as permitted and conditionally permitted uses
within Planning Area 1 of the MCAS Tustin Specific Plan.
Reekstin Presentation given.
Lumbard Lumbard asked staff if amending the SPA would be easier to include the
conditional permitted uses rather than adjust the zones (Planning Area
boundaries).
Reekstin In response to Lumbard's question, Reekstin stated it was not a significant
change adding park related uses which would be consistent with the uses
in Planning Area 1. Primarily, it is to accommodate the Park Master Plan.
Binsack Binsack stated that the current uses would continue for some time,
therefore it would be easier to proceed with the park planning for the near
future and it would allow for existing uses to continue.
Agenda — Planning Commission — October 14, 2014 — Page 7 of 9
Bobak Bobak stated recommending amendment of the provision of the MCAS
Specific Plan relating to permit and conditionally permitted uses would
make park uses a permitted use and would not require a conditional use
permit.
Altowaiii Altowaiii questioned permitted" vs. conditionally permitted He also
questioned the need for "extensive detail" of the Environmental Checklist.
Bobak Bobak's response to Altowalji's question generally included: The
amendment does state "permit"; and the actual amendment to the Specific
Plan allows for these permitted uses but the heading of the section that is
being amended states "conditionally and permitted uses ".
.
04
Binsack To further respond to Altowalji's question, Binsack referred to Exhibit B of
the Draft Ordinance 1450, sub header A section, which states "permitted
and conditionally permitted uses" and lists a grouping of uses where parks
are permitted uses. In response to the comment on the Environmental
Checklist, Binsack stated it is required by State law. City staff is ensuring
compliance with State law.
Motion: It was moved by Kozak, seconded by Thompson, to adopt Resolution No.
4269. Motion carried 5-0.
None. REGULAR BUSINESS
STAFF CONCERNS:
Binsack Binsack informed the Commission that the comments from the October 1,
2014 DCCP Workshop are in the process of being compiled and that a
summary would be provided to the Commission at the next Commission
meeting.
COMMISSION CONCERNS:
Smith No concerns.
Lumbard Lumbard attended the October 1, 2014 Downtown Commercial Core Plan
(DCCP) Workshop — favorable comments; and he encouraged increased
communication to get more residents involved at the December workshop.
Kozak Kozak thanked staff for the agenda and he attended the following events:
• 9/28: Divine Wine Affair — fundraiser
• 9/30: Water Symposium
0 10/1: DCCP Workshop
• 10/2: Tustin Tiller Days Kick-off
• 10/4: Tustin Tiller Day Parade
• 10/18: Tustin Art Walk
Agenda — Planning Commission — October 14, 2014 — Page 8 of 9
I
Altowaiji Altowaiji attended the following:
• 10/1: DCCP Workshop
• 10/4: Tiller Days Pancake Breakfast and Reception
He also had favorable comments for Parks & Recreation.
Thompson Thompson attended the following events:
• 9/30: Water Symposium
• 10/1: DCCP Workshop
• 10/2: Presentation to American Society's Civil Engineers
• 10/4: Tustin Tiller Day Parade
• 10/9: Mayor's First Annual Business Recognition Luncheon
• 10/18: Participating in the tours at the upcoming Art Walk in Tustin.
• 10/20: Attending the ULI Conference in New York.
8:19 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, October 28, 2014, at 7:00 p.m. in the City Council Chamber at
300 Centennial Way.
ELIZABETH A. BINSACK
Planning Commission Secretary
Agenda -- Planning Commission — October 14, 2014 — Page 9 of 9