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Home My WebLink AboutPC MINUTES 1-12-16IT,,IINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JANUARY 12, 2016 1100ST-09TWN Given INVOCATION/PLEDGE OF ALLEGIANCE: Altowaiji ROLL CALL: Chair Thompson, Chair Pro Tern Lumbard; and Commissioners Altowaiji and Kozak EXCUSED ABSENCE: Commissioner Smith relilfroWev CONSENT CALENDAR: Approved as 1. APPROVAL OF MINUTES —DECEMBER 8, 2015 amended. RECOMMENDATION: That the Planning Commission approves the Minutes of the December 8, 2015 Planning Commission meeting as provided. Motion: It was moved by Kozak, seconded by Lumbard, to approve the Minutes of the December 8, 2015 Planning Commission meeting, as amended. Motion carried 4-0-1. Approved. 2. 2015 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL REPORT The CLG Annual Report summarizes the City's historic preservation efforts and describes how the City met all of the minimum requirements of the CLG program during the 2014/2015 reporting period. The Annual Report will be transmitted to the State Office of Historic Preservation prior to the January 15, 2016 due date. That the Planning Commission direct staff to forward the Annual Report to the State Office of Historic Preservation. Motion: It was moved by Kozak, seconded by Lumbard, to forward the Annual Report to the State Office of Historic Preservation. Motion carried 4-0-1. PUBLIC HEARING: Adopted Reso. 3. GENERAL PLAN AMENDMENT (GPA) 2015-01; TENTATIVE PARCEL Nos. 4303, & MAP (TPM) 2015-139; DESIGN REVIEW (DR) 2015-10; AND 4304, 4305 as CONDITIONAL USE PERMIT (CUP) 2015-21 FOR THE DEVELOPMENT amended. OF A FOUR (4) UNIT CONDOMINIUM COMPLEX AT 1051 BONITA Minutes — Planning Commission January 12, 2016 — Page 1 of 5 STREET • ! FROM DECEMBER a , 2015 PLANNING COMMISSION Yenny Ng Designs Architects 1524 Brookhollow Drive, Suite 6 Santa Ana, CA 92705 LOCATION: 1051 Bonita Street ENVIRONMENTAL: Goliath F&M LLC 10 Dunes Bluff Newport Coast, CA 92657 A Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) Article 6 of California Code of Regulations, Title 14, Chapter 3. That the Planning Commission: 1. Adopt Resolution No. 4303 recommending that the City Council find that the Negative Declaration is adequate for General Plan Amendment 2015-01, Tentative Parcel Map 2015-139, Design Review 2015-10 and Conditional Use Permit 2015-21 for the proposed project. 2. Adopt Resolution No. 4304 recommending that the City Council approve General Plan Amendment 2015-01 to change the property's General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). 3. Adopt Resolution No. 4305 recommending that the City Council approve Tentative Parcel Map 2015-139, Design Review 2015-10 and Conditional Use Permit 2015-21 to subdivide the existing parcel for condominium purposes to accommodate the construction four residential dwelling units at 1051 Bonita St. Altowaiji Due to potential conflicts, Altowaiji recused himself since he has conducted business with the property owner in the past and may do business with the property owner in the future. Swiontek Presentation given. Lumbard Lumbard asked why the project was not "spot zoning". He mentioned an application submitted months ago which seemed similar to this project therefore he wanted to clarify the distinguishing characteristics. Swiontek In response to Lumbard's question, Swiontek stated the following, in general: the zoning would not be changing; this site was already a residential use and zoned property; in 1994 land use designations for a number of properties along Newport Avenue was changed at a comprehensive level; Swiontek stated it is Minutes — Planning Commission January 12, 2016 — Page 2 of 5 possible that when Redevelopment Agency existed, there may have been an attempt for "lot consolidation" for commercial properties along Newport Avenue; however, with the dissolution of Redevelopment Agency, it makes it more difficult to achieve when there are multiple property owners as well as existing improvements already in the area. Bobak In addition, Bobak stated that a number of the other properties in the area are already zoned for high-density residential uses. Thompson Thompson's questions/comments generally included: the request to have the observation for Native American since the site previously has been disturbed; he asked if anybody was expecting to find anything on the site and why this was being done on a site like this and not on other sites that are much larger; and Thompson referred to staff about "challenges" with condominium associations for four (4) units and if it applies or not to this project. Swiontek Swiontek's responses/comments generally included: State legislation requires the City to provide consultation with the Native American tribes when the City undertakes specific plan amendments and general plan amendments; in addition, new legislation requires Native American consultation for projects involving Negative Declaration and/or Environmental Impact Report; the Commission will be seeing more on CEQA review legislation with future projects for Native American tribes; Swiontek spoke to the representative of the tribe and he told Swiontek that he would be at the site for a few hours during the start of grading, unless they found something that would require further investigation; as per the challenges with smaller condominium units; property owners must submit their condominium plan where HOA fees are reviewed by the State and the Bureau of Real Estate for assessment of the budget; and then fees are determined based on infrastructure and the needs of the property as well as anything beyond what would be considered "special assessment". 7:28 p.m. Public Hearing opened. Ron Warrecker, land surveyor of Azimi Pearsall & Associates, Inc., prepared parcel map for the project and made himself available for questions. 7:29 p.m. Public Hearing closed. The Commission's comments collectively were favorable and included: lot coverage, building height, architecture/design features, and the project will be a positive influence to the area. Motion: It was moved by Kozak, seconded by Lumbard, to adopt Reso. Nos. 4303, and 4304, 4305, as amended. Motion carried 3-0-2. Altowaiji recused himself due to a potential conflict. REGULAR BUSINESS: Approved. 4. DESIGN REVIEW 2015-19 THE PROPOSED PROJECT IS A REQUEST TO ALLOW VACUUM HOSES AND AN OUTDOOR CAR CARE VENDING MACHINE WITHIN EXISTING PARKING STALLS LOCATED Minutes — Planning Commission January 12, 2016 — Page 3 of 5 AT THE AUTOMATED SELF-SERVICECARWASH AT 3017 EDINGER AVENUE. APPLICANT: Tustin Field Gas & Food 3017 Edinger Avenue Tustin, CA 92780 LOCATION: 3017 Edinger Avenue ,TQ 11 5ffl 001 PROPERTY OWNER: NE Enterprises 3861 Wisteria Street Seal Beach, CA 90704 The Planning Commission, at the December 8, 2015 meeting, continued the item to a date certain of January 12, 2016, at the request of the applicant. The applicant has since provided an additional request for continuation which was received on December 15, 2015, in order to allow additional time to work on a design solution with City staff. RECOMMENDATION: That the Planning Commission table DR 2015-19 application to allow the applicant to re -design the project in response to City staff's comments. Motion: It was moved by Lumbard, seconded by Altowaiji, to table the item in order to allow the applicant to re -design the project in response to City staff's comments. Motion carried 4-0-1. STAFF CONCERNS: Willkom Willkom reminded the Commission of the Downtown Commercial Core Plan Workshop on January 28, 2016 at 6:00 p.m. at the Market Place Community Center. COMMISSION CONCERNS: Kozak Kozak thanked staff for the agenda items and Reekstin for his work on the 2015 CLG report he prepared and submitted to the State. He will be participating in the CPF webinar on February 24, 2016 at City Hall as well as the Mayor's Inaugural Dinner on January 29, 2016. Kozak looks forward to working with staff and Council on another successful year. Altowaiji Altowaiji wished everyone a happy New Year as well as thanked staff for another great year of projects. Lumbard Nothing to report. Thompson Thompson attended the following: ® OCTA Citizens Advisory Committee/Bicycle AdHoc Meeting ® 12/17: Combined Special Needs Access (Bus Ridership) ® Wished Cherie a happy 30th wedding anniversary! Minutes — Planning Commission January 12, 2016 — Page 4 of 5 I JUNTA "k The next regular meeting of the Planning Commission is scheduled for Tuesday, January 26, 2016, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Y A ';? "I J&�(Ov'TI-IbIVIPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission January 12, 2016 — Page 5 of 5