HomeMy WebLinkAboutPC MINUTES 11-14-17 MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
NOVEMBER 14, 2017
7:00 p.m. CALL TO ORDER
Given INVOCATION/PLEDGE OF ALLEGIANCE: Lumbard
ROLL CALL: Chair Pro Tem Kozak
Commissioners Lumbard and Thompson
EXCUSED ABSENCES: Chair Smith and Commissioner Mason
PUBLIC CONCERNS:
Ms. Kim DeBenedetto, serves on the Board of Directors for the Tustin
Preservation Conservancy, read a letter to the Commission from Mr. Charles
Thrash, President of the Tustin Preservation Conservancy, with regards to the
sale of the vacant property Mary Tustin — Lindsay House located at 305 S. C
Street in Old Town Tustin and that this historic landmark could be at risk. The
Tustin Preservation Conservancy asked that the Commission take steps to
preserve the Mary Tustin — Lindsay House.
Approved. CONSENT CALENDAR
1. APPROVAL OF MINUTES—SEPTEMBER 26, 2017
RECOMMENDATION:
That the Planning Commission approves the Minutes of the September
26, 2017 Planning Commission meeting, as provided.
2. GENERAL PLAN CONFORMITY DETERMINATION
APPLICANT/PROPERTY OWNER: CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
ENVIRONMENTAL:
General Plan Conformity determinations required by Government Code
Section 65402 are not "projects" requiring environmental review
pursuant to the California Environmental Quality Act.
REQUEST:
General Plan Conformity finding for conveyance of the affordable
residential unit located at 1345 Sun Dial Drive.
Minutes—Planning Commission November 14, 2017—Page 1 of 11
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4350, determining
that the conveyance of the residential unit located at 1345 Sun Dial Drive
managed by the Tustin Housing Authority and owned by the City of Tustin
to be sold at market rate is in conformance with the Tustin General Plan.
3. CONTINUED ITEM - TEMPORARY SIGNS WITHIN THE PUBLIC
RIGHT-OF-WAY
On August 8, 2017, the Planning Commission held a second workshop
on the topic of temporary signs within the public right-of-way and
discussed three (3) code amendment options addressing the regulation
of temporary signs in the public right-of-way in light of the United States
Supreme Court decision in Reed v. Town of Gilbert, AZ. The
Commission received public input and directed staff to return with a
modified option for Commission consideration prior to public notification
and the publication of public hearing notices. This item was continued
from the September 26, 2017, Planning Commission meeting.
RECOMMENDATION:
That the Planning Commission continue their consideration of this item
to the Commission's next scheduled.meeting on November 28, 2017.
Motion: It was moved by Thompson, seconded by Lumbard, to approve the Consent
Calendar, with one amendment to the September 26, 2017 Planning
Commission Minutes. Motion carried 3-0-2.
PUBLIC HEARING:
Kozak stated that there was a request to take Item #7 out of order as the
recommended action has been modified. There were no objections.
7. CONDITIONAL USE PERMIT (CUP) 2017.10, DESIGN REVIEW (DR)
2017-011 AND LOT LINE ADJUSTMENT (LLA) 2016-03
APPLICANT: BERDJ KEUYLIAN
BERHOUR HOLDINGS, LLC
11803 WINDHILL WAY
SANTA ANA, CA 92705
PROPERTY OWNER: BERHOUR HOLDINGS, LLC.
11803 WINDHILL WAY
SANTA ANA, CA 92705
LOCATION: 125 NORTH "A" STREET/ 395 WEST FIRST STREET
Minutes—Planning Commission November 14,2017—Page 2 of 11
ENVIRONMENTAL:
This project is categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Sections 15301, Class 1 (Existing
Facilities), 15315, Class 15 (Minor Land Divisions) and 15331, Class 31
(Historic Resource Restoration/Rehabilitation).
REQUEST:
A request to remove partial Condition of Approval "2g" from Planning
Commission Resolution No. 1574 (UP 76-27) by maintaining the use of
the residential structure as a residence, restoring the existing residential
structure to its historic appearance and combining two (2) parcels into
one (1).
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4351, approving
CUP 2017-10 to modify UP 76-27 to remove partial Condition of
Approval "2g" from Resolution No. 1574 to authorize the continued use
of the residential structure on the subject property, DR 2017-11 to
return the residential structure to its historic appearance, and LLA 2016-
03 to combine two (2) lots into one (1) parcel.
7:07 p.m. Opened the Public Hearing.
Binsack Binsack stated that staff received a letter of correspondence, regarding this
item, which was received the day of the meeting, and was provided to the
Commission. Staff is recommending that Item #7 be continued to the
December 12, 2017 Planning Commission meeting in order for staff to have
an opportunity to review the correspondence and to provide additional
information for the Commission's consideration. Binsack stated that
audience members present for Item #7, that cannot attend the December 12,
2017 Planning Commission meeting, could provide testimony. Staff would
prefer that testimony be provided at the December 12, 2017 Planning
Commission meeting, if possible.
Kozak Kozak turned to the audience to make sure they heard and understood the
comments previously made by Binsack.
Seda Yaghoubian, a representative for the applicant, Berdj Keuylian, asked
the Commission if there was a request from staff to continue Item #7, she did
not have any objections from the applicant and that they can be present at
the December 12, 2017 Planning Commission meeting.
7:09 p.m. Closed the Public Hearing.
Binsack/ Binsack and Kozak clarified to the Commission that the item would be a
Kozak continuance of the Public Hearing to the December 12, 2017 Planning
Commission meeting.
Minutes—Planning Commission November 14,2017—Page 3 of 11
Motion: It was moved by Thompson, seconded by Lumbard, to continue Item #7 to
the December 12, 2017 Planning Commission meeting. Motion carried 3-0-
2.
Received& 4. CONDITIONAL USE PERMIT (CUP) 2017-15 - ST. JOSEPH
filed. HOSPITAL OF ORANGE MENTAL HEALTH OUT-PATIENT CRISIS
SERVICE FACILITY
At the September 26, 2017 Planning Commission meeting, the Planning
Commission held a public hearing and took public testimony relative to
the proposed mental health outpatient crisis service facility at 13132
Newport Avenue. At the conclusion of the public hearing, the Planning
Commission requested additional information from the applicant to
better understand the use and its operations and the public hearing was
continued until October 10, 2017. The public hearing was continued
again from October 10, 2017 to November 14, 2017 due to lack of a
quorum.
On November 1, 2017, the applicant submitted a letter withdrawing
CUP 2017-15.
RECOMMENDATION:
Receive and file.
Motion: It was moved by Kozak, seconded by Lumbard, to receive and file the staff
report stating that the item has been withdrawn. Motion carried 3-0-2.
Lumbard Lumbard asked if anything had to be done logistically with Item #4.
Binsack In response to Lumbard's question, Binsack stated that the item was a
continued public hearing but since the item has been withdrawn it is no
longer an active application. Staff is now recommending that the
Commission receive and file the staff report.
Adopted 5. CONDITIONAL USE PERMIT 2017-11
Reso. No.
4352
APPLICANT: MARTIN NEIL
CALIBER SIGNS & IMAGING, INC.
17751 SKY PARK EAST- 2F
IRVINE, CA 92614
PROPERTY OWNER: SOUTH ORANGE COUNTY
COMMUNITY COLLEGE DISTRICT
ATTN: DEBRA FITZSIMMONS
28000 MARGUERITE PARKWAY
MISSION VIEJO, CA 92692
LOCATION: 1624 VALENCIA AVENUE
Minutes—Planning commission November 14, 2017—Page 4 of 11
ENVIRONMENTAL:
This project is categorically exempt pursuant to Section 15311 (Class
11) of the California Environmental Quality Act (CEQA).
REQUEST:
A request to establish a master sign plan to allow temporary project
identification signs for the future Advanced Technology & Education
Park (ATEP) site.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4352 approving
Conditional Use Permit (CUP) 2017-11 to authorize establishment of
the Master Sign Plan for Temporary Sign Project Identification for
Advanced Technology & Education Park (ATEP), as required by the
Tustin Sign Code.
Aguilar Presentation given.
Thompson Thompson asked that because the signs are "temporary" in nature and at the
same time there are standards of care (i.e. non-corrosive materials) can they
be a fabric type of banner or canvas material since it seems that the signs
could be there for a lengthy amount of time. Thompson also asked if there
was concern with maintenance of the temporary signs.
Aguilar In response to Thompson's previous question, Aguilar stated that as
proposed in the sign program, the banner material is listed as a banner
mesh material (canvas).
Binsack Binsack stated that the signs would need to be maintained and she referred
the Commission to the City's Master Sign Program, where there are similar
signs. Some of those signs had to be replaced. It does occur and being that
they are temporary in nature they do need to be replaced and can be
replaced with relative ease.
Lumbard Lumbard asked what qualifies as temporary (i.e. date when the signs will be
removed). He stated he thought it was subjective.
Aguilar In response to Lumbard's question, Aguilar stated that the signs are
temporary which means the signs will only be up while the site is under
construction and/or available for lease. The signs will be removed as soon
as the project is complete.
7:21 p.m. Opened/Closed the Public Comments Section.
Lumbard Lumbard's concerns generally included: signs being "temporary" and the
length of time it some projects take years; the precedent that the temporary
signs set without any condition of a "sun setting" date; and that the signs
Minutes—Planning Commission November 14,2017--Page 5 of 11
could be up for several years and would not look like a temporary sign; in
general, as more signs are approved at the Tustin Legacy and throughout
the city, the Commission and staff should be cognizant of how long
temporary signs can be placed. Although, he did approve of the project
signs and their purpose.
Thompson Thompson shared the same concerns as Lumbard previously stated
because the Tustin Legacy is a large and long standing project. A longer
sense of "stay". He mentioned his approval of Conditions 2.1, 2.4, 2.5 and
was supportive of this item.
Kozak Kozak echoed his similar concerns of the length of time the signs would be
placed. He also approved the conditions and felt that the SOCCCD would
address any issues with future dilapidated signs.
Motion: It was moved by Lumbard, seconded by Thompson, to adopt Resolution No.
4352, approving CUP 2017-11 to authorize establishment of the Master Sign
Plan for Temporary Sign Project Identification for ATEP, as required by the
Tustin Sign Code. Motion carried 3-0-2.
6. CONDITIONAL USE PERMIT 2016.26 & DESIGN REVIEW 2016-024
APPLICANT: GEORGE EWING
DEL TACO LLC
25521 COMMERCENTER DR
LAKE FOREST, CA 92630
PROPERTY OWNER: MICHAEL ABEL
HOWARD L ABEL FAMILY TRUST
22 BELCOURT DR
NEWPORT BEACH, CA 92660
LOCATION: 13742 RED HILI- AVENUE
ENVIRONMENTAL:
This project is categorically exempt (Class 3) pursuant to Section 15303
of the California Environmental Quality Act.
REQUEST:
A request to construct a new 2,439 square foot restaurant building with
drive-thru, outdoor seating and wall graphics on a property located at
13742 Red Hill Avenue and to relocate the existing adjacent Del Taco
restaurant onto the project site.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4353 approving
Conditional Use Permit (CUP) 2016-26 and Design Review (DR) 2016-
Minutes—Planning Commission November 14,2017—Page 6 of 11
024 to authorize the construction of a new 2,439 square-foot restaurant
building with outdoor seating, drive-thru and wall graphics and to
relocate the existing adjacent Dei Taco restaurant business currently at
the property located at 13861 Red Hill Avenue.
Huffer Presentation given.
Thompson Thompson was in favor of the sound attenuation being addressed in the
Conditions of Approval because he did have concern with the noise from the
drive-thru window being that there is a condominium complex on the north
side, and since Del Taco is a 24-hour a day operation. He also voiced his
concern with the light glare "drifting across the street" and adversely
affecting the apartment complex. Thompson referred to the Red Hill Specific
Plan (RHSP) and coordination opportunity missing since the plan is not yet
complete being that the project is situated on a prominent corner of the
RHSP. He questioned how the City could enlist cooperation with the RHSP.
Thompson asked if there were other areas of landscape adhering to the
City's ordinance to ensure everything "ties together" with the RHSP when it
is adopted.
Willkom In response to Thompson's questions, Willkom provided an example of
coordination, as projects come in through the City, when moving forward
with the RHSP. Staff identified locations for gateway signs and the Del Taco
signs are the identified locations for gateway signs. Staff has incorporated a
condition to require reservation of the area and in the future, once the City
has determined the type of gateway signs to be placed on Red Hill Avenue
and San Juan Street, then City staff will be working with the applicant to
come up with a design and to require the construction. The proposed
landscape palette has also been reviewed for consistency with the draft
RHSP landscape palette. Also, there are street sections throughout the
RHSP which staff has looked at to ensure any proposed projects will also be
consistent with the RHSP. Willkom stated that even though the RHSP is not
adopted, all proposed projects are reviewed as if the RHSP was adopted to
ensure consistency.
Lumbard Lumbard referred to the Parking Agreement — confirming Condition 2.7
which states that a recorded Parking Agreement has to be in place before a
permit is issued. He referenced the two (2) addresses listed in the Exhibit A
of Resolution No. 4353 and if they were the same as the parcels mentioned
in the Manatt letter.
Wilikom Willkom confirmed Condition 2.7 requires that the applicant obtain a
recorded Parking Agreement since the project would need four (4) parking
spaces that would be satisfied at the adjacent Red Hill Plaza parcel. The
City would also require a recorded Parking Agreement at Red Hili Plaza.
Flutter Hutter stated the address at 13822 Red Hill Avenue is the site of inline
tenants at Red Hill Plaza. Big Lots is a separate parcel and different
address.
Minutes—Planning Commission November 14, 2017—Page 7 of 11
Kozak Kozak asked about the rooftop's mechanical equipment being adequately
screened so that the tenants in the condominium complex do not see the
mechanical equipment (i.e. view from the upper level units).
Huffer Per Kozak's previous question, Hutter stated that the proposed building
parapet will be approximately five (5) feet in height so it is anticipated that
the screening will be adequate and the TCC does require any roof screening
be six (6) inches higher than the rooftop equipment, which will be reviewed
at the time of plan check. She also added that the proposed building is
approximately 23 feet in height which is about the same height as the
condominium complex across the street.
7:45 p.m. Opened the Public Comments Section.
George Ewing, the applicant, spoke in support of the project. Favorable
comments were also made towards staff.
Mr. Jim Forgey, representative of Architects Orange, was representing Del
Taco and was also in support of the project as well as favorable comments
for staff. In response to the previously made noise concerns coming from
the drive-thru, Mr. Forgey stated the following, in general: placement of the
speaker box is away from the residential area across the street; the three (3)
foot high masonry wall that runs parallel to the drive-thru will also eliminate
some of the sound; per staff's direction, lush landscaping was added along
the barrier of the drive-thru; a ten (10) foot dedication along Red Hill Avenue
they provided; and the applicant is paying his share of the improvements
coming forward.
Mr. Michael Abel, property owner of Del Taco, thanked staff for the report
and presentation. He provided background information on his property as
well as favorable comments for his tenant, Del Taco. Mr. Abel was in
support of the project and he stated he can meet all of the conditions
required within the Conditions of Approval.
Mr. Jim Farley, Del Taco representative, spoke in favor of the project. He
also made favorable comments on the Del Taco restaurant. Mr. Farley has
been with Del Taco for 25 years. Provided background information on his
Del Taco restaurant.
7:55 p.m. Closed the Public Comments Section.
Thompson Thompson thanked staff for the report and presentation, as well as the
speakers. It appears that compliance will be followed through with regards
to the RHSP. Thompson thanked Mr. Forgey for his responsiveness to the
noise and lighting concern. The fact that there is a condition that addresses
these concerns shows a "good neighbor" concept so that people are not
impacted with any adverse interaction between residential and commercial
business. Thompson mentioned the letter received from Manatt, which was
received by staff the day of the meeting, and he spoke with Tom O'Meara
(copied on the letter) and it appears there is a desire to work together
Minutes—Planning Commission November 14,2017—Page 8 of 11
between property owners (i.e. parking issue). He encouraged more future
cooperation between the two (2) property owners. Thompson was in support
of the item.
Lumbard Per Lumbard, the Red Hill Plaza shopping center is a "critical place and
important location in the city". Per the letter received from Manatt, he also
stated that it is a private issue and not the City's therefore it should be
handled between the private entities. Lumbard hopes for everyone to work
together towards a solution because the shopping center is vital. He also
agreed that the project is "positive".
Kozak Kozak echoed the comments from his fellow Commissioners and thanked
staff for their hard work on the project. He also encouraged discussion
between property owners with regards to the site. Kozak was also in favor of
the project.
It was moved by Lumbard, seconded by Thompson, to adopted Resolution
No. 4353, as amended. Motion carried 3-0-2.
REGULAR BUSINESS:
Received & 8. SUMMARY OF PROJECTS
filed.
The following report provides a summary of projects and activities since
the last summary of projects report was presented at the July 11, 2017,
Planning Commission meeting. The report focuses on the status of
projects that the Planning Commission, Zoning Administrator, or staff
approved; major improvement projects; Certificates of Appropriateness;
Code Enforcement activities; and, other items which may be of interest
to the Commission.
RECOMMENDATION:
Received and filed.
DiLeva- Presentation given.
Johnson
STAFF CONCERNS:
Binsack Binsack reminded the Commission of the Mayor's Thanksgiving Breakfast on
Thursday, November 16, 2017 and the Veterans Sports Park Groundbreaking
Ceremony on Tuesday, November 21, 2017.
COMMISSION CONCERNS:
Lumbard Lumbard mentioned the upcoming Taps Brewery and Restaurant coming to
Tustin! He attended the following events in October:
• Old Town Art Walk
• Village Shopping Center Grand Opening
Minutes—Planning Commission November 14,2017—Page 9 of 11
• "Cops on a Roof' - Fundraiser for Special Olympics at the Dunkin'
Donuts in the Village Shopping Center
Congratulations to Johnny Johnson, owner of Blue Buoy Swim School, who
won the Inaugural Mr. Tustin Competition. Happy Birthday to Hunter Theodore
Lumbard, born on November 3, 2017!
Thompson Thompson attended the following events in October:
• OCTA "Active Transportation Stakeholder Working Group"
• OCTA-CAC M2 Funding for Trash & Best Management Practices for
Drainage
• OCTA-CAC "Vision on Transportation" and "Sales Tax"
• ULI Conference in Los Angeles
• Presented to the Commercial Retail Group "Economy, Demographics"
• County Board Supervisors meeting "Health Care"
Thompson attended a ULI Local Council meeting in November. He reminded
everyone that "cooler days are upon us" so turn back your watering. Happy
Thanksgiving everyone! Thompson would like an update on the letter received
from the Tustin Preservation Conservancy at the meeting (i.e. Lindsay House
historical value).
Binsack Binsack stated an update on the Tustin Preservation Conservancy letter would
be added to the next agenda, per Thompson's request.
Kozak Kozak attended the following events in October:
• Planning Directors Association of Orange County Forum
• Tustin Tiller Days Parade
• OCTA Citizens Advisory Committee Meeting
Kozak also attended the "Inaugural Mr. Tustin" contest on November 4, 2017
which was a fundraising event for the "Miss Tustin Scholarship Fund".
With reference to the Veterans Sports Park monument and memorial plaza,
Kozak asked if there was a fundraiser (i.e. memorial brick sale) to raise money
for veterans. Happy Thanksgiving everyone!
Binsack In response to Kozak's previous question, Binsack stated she would check
with Director David Wilson, Parks and Recreation and provide feedback to the
Commission.
8:18 P.M. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, November 28, 2017, at 7:00 p.m. in the Council Chamber at 300
Centennial Way.
Minutes—Planning Commission November 14, 2017—Page 10 of 11
*RYD ' DD SMITH
Chairperson
I_I ABETH A. BINSACK
Planning Commission Secretary
Knute --Planning Commission November 14, 2017—Page 11 of 11