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HomeMy WebLinkAboutPC Minutes 11-22-04 7:02 p.m. Given All present Staff present None Approved Adopted Resolution No. 3938 and Resolution No. 3939, as amended ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 22, 2004 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Program Manager-Transportation Terry Lutz, Principal Engineer Karen Peterson, Senior Planner Scott Reekstin, Senior Planner Minoo Ashabi, Associate Planner Matt West, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - OCTOBER 25, 2004, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Menard, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARING 2. TENTATIVE PARCEL MAP 2004-256, DESIGN REVIEW 04-023, AND CONDITIONAL USE PERMIT 04-028 REQUESTING: 1) APPROVAL OF TENTATIVE PARCEL MAP 2004-256 TO MERGE TWO PARCELS TO CREATE A 0.68 ACRE PARCEL; 2) APPROVAL OF DESIGN REVIEW 04-023 FOR SITE DEVELOPMENT, ARCHITECTURAL DESIGN, AND LANDSCAPE DESIGN OF THE PROPOSED 7,400 SQUARE FOOT RETAIL BUILDING; AND, 3) APPROVAL OF CONDITIONAL USE PERMIT 04-028 FOR OUTDOOR SEATING WITHIN THE CENTRAL COMMERCIAL, PARKING OVERLAY DISTRICT (C-2, P) ZONING DISTRICT. Minutes - Planning Commission November 22, 2004 - Page 1 7:03 p.m. Ashabi Nielsen Anderson Nielsen Brett Blanchard, 1450 EI Camino Real, representing Makena John Kerenyi, Kimley- Horn & Associates Nielsen RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 3938 recommending that the City Council approve Tentative Parcel Map 2004-256; and 2. Adopt Resolution No. 3939 approving Design Review 04-023 for site development, architectural design, and landscape design of the proposed 7,400 square foot retail building; and, Conditional Use permit 04-028 for outdoor seating. The Public Hearing opened. Presented the staff report, noting the change to Condition 6.6 of Resolution No. 3939 as follows: "No loading or delivery vehicles shall park on the public right-of- way. Truck deliveries shall be restricted to non-peak hours and prohibited during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. to avoid potential conflicts. Any modifications of these hours shall be approved in writing by the Community Development Director." Asked if the bulk of the trips generated are expected to be during the non-peak hours. Indicated that issue would be addressed by the applicant. Invited the applicant to the podium. Stated he, Jeff Bergsma, Team Design, and John Kerenyi, Kimley-Horn & Associates, were all available to answer any questions; indicated staff worked very hard to help bring this project forward; and, noted the applicant was in agreement with all the conditions of approval. Responding to the specific question regarding trip generation, indicated that his firm used a formula based on a national database relating to land uses to compile the trip generation, which indicated only 10 percent of the AM hours and 10 percent of the PM hours would be peak hours. Suggested that, if the retail changes in composition, the traffic patterns could also change. Minutes - Planning Commission November 22, 2004 - Page 2 Floyd Added the existing situation causes some conflicts in the AM hours. Mr. Kerenyi Noted that the coffee house is considered separately; if there is a large amount of traffic associated with that use, these numbers will change; clarified that the traffic study is focused in nature, and neither he nor City staff felt this project would have a regional impact; the purpose of the study was to collect data on traffic conditions in the vicinity of the project and forecast how traffic would operate with the project in place; no credit was given to the prior land use; specialized analysis was provided for the ramp meter and the northbound freeway ramp intersection; based on discussing access with the staff, only a right-in, right- out access to each driveway was suggested; the southbound U- turn from Newport was originally allowed but has now been re- implemented by Public Works plans; access will be difficult without a U-turn option to allow access to the site from northbound Newport Avenue, and the applicant would request that option be reconsidered by City staff. Asked if the current congestion during peak hours at the northbound left-turn onto EI Camino Real was considered in the traffic study. Menard 7:22 p.m. The Public Hearing closed. Floyd Asked if this is the same developer that developed the site across from U-Haul. Director Answered in the affirmative. Floyd Asked if a traffic study was completed for that project. Director Replied in the affirmative. Floyd Stated his concern was that this project may create traffic issues similar to the existing Makena site. Director Indicated that the City also receives complaints regarding that site, which are more often use related versus traffic complaints; the developer is working to alleviate the problems on that site; the only option the City has regarding the Makena proposal is to impose the off-street parking standards and restrict related usage. Floyd Stated he has no other concerns and supports the project. Minutes - Planning Commission November 22, 2004 - Page 3 Pontious Menard Lee Nielsen Adopted Resolution No. 3937 West Louis Marlin, President of the Board of Directors of the Tustin Ranch Estates Homeowners Association Stated she has no real concerns with the project; while it does not match what the City hoped for at the site, it is better than what is there now. Indicated he has concerns regarding the existing traffic problems but gave the project his support. Stated he agrees with the other Commissioners; the overall aesthetics will be an improvement over what is there now; as long as the traffic does not create a problem, he supports the project. Stated he had mixed emotions; while this looks like a nice project for that area, there are traffic concerns which it is hoped staff will monitor closely; he is in favor of the project. It was moved by Pontious, seconded by Floyd, to adopt Resolution Nos. 3938 and 3939, with the modification provided by staff. Motion carried 5-0. REGULAR BUSINESS 3. DESIGN REVIEW 04-007 A REQUEST TO CONSTRUCT A 199 SQUARE FOOT GUARD HOUSE AT THE ENTRANCE TO THE TUSTIN RANCH ESTATES. THIS PROJECT IS LOCATED WITHIN THE EAST TUSTIN SPECIFIC PLAN (ESTATE DENSITY RESIDENTIAL) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3937 approving Design Review 04-007. Presented the staff report. Thanked staff for the assistance they provided on this project; indicated the guard gate will add to the area since it is a very nice building that will fit in well with the neighborhood; staff's support was appreciated. It was moved by Pontious, seconded by Menard, to adopt Resolution No. 3937. Motion carried 5-0. Minutes - Planning Commission November 22, 2004 - Page 4 4. DENSITY BONUS WORKSHOP. The workshop is intended to provide the Planning Commission with an oveNiew of how the incentives for the development of affordable housing and the density bonus law applies to the City of Tustin. Staff will provide a PowerPoint presentation at the meeting. Director Presented the PowerPoint presentation, explaining that even though the law may change after the first of the year, a workshop was necessary because projects to which current laws apply may be coming before the Commission. Nielsen Thanked staff for the workshop; and, asked if this workshop was also provided to the City Council. Director Answered that the workshop was provided to the Council before it became apparent that the new law will take effect. 5. REVISED MASSAGE REGULATIONS AND APPEAL PROVISIONS. The Community Development Department in coordination with the City Attorney has identified the need to further revise the City's massage regulations and the associated appeal provisions and is providing substantive revisions. Reekstin Presented the staff report. Floyd Asked if any of the 31 applicants referred to in the report took the National Certification Examination. Reekstin Answered that only one applicant had passed the test. Floyd Questioned whether there is an actual requirement that applicants take the national examination (versus another type of exam). Reekstin Responded that some cities, such as Newport Beach, administer their own test and do not require the national test. Floyd Asked if there is a reason for the increase in these requests to the City of Tustin. Reekstin Indicated that, in addition to the increased population in the area and the general growth of the profession, the fact that the City's regulations have not been updated recently may be a factor. Minutes - Planning Commission November 22, 2004 - Page 5 Nielsen Reekstin Nielsen Reekstin Nielsen Director Floyd Director Reekstin Pontious Reekstin Floyd Staff Nielsen Director reported Asked if these applicants are found more in spas or massage only establishments. . Answered the applications are dispersed among chiropractic offices, salons, and massage establishments. Asked if the applications seem to be for a certain area of the City. Answered in the negative. Indicated the changes look good; and, asked if there have been issues with these uses. Indicated there have been some problems; the City wishes to appropriately regulate these individuals. Asked if there would be a City test in addition to the national testing. Answered the City plans no additional test at this time. Added that the ordinance would give the City the option of requiring testing. Asked if taking the test is difficult. Indicated there is a well-organized website; the test is given frequently; anyone well trained in massage would be able to pass the test. Asked if current operators would be grandfathered in. Answered in the negative. Indicated this ordinance is an important step in the right direction. STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 1 AND 15, 2004, CITY COUNCIL MEETINGS. The City Council held a special meeting on November 1, 2004, during which the framework for the master development of Tustin Legacy was presented. At the November 15, 2004, City Council meeting, the potential annexation of the 24-acre parcel at Seventeenth Street and Minutes - Planning Commission November 22, 2004 - Page 6 Lee Menard Pontious Floyd Floyd continued Nielsen 8:07 p.m. Tustin Avenue was considered, and the Council voted to take a neutral position on this issue. COMMISSION CONCERNS No concerns. Thanked the American Legion for the Tustin Veterans Day Parade. Wished everyone a Happy Thanksgiving. Thanked staff for their work on the various reports. Indicated he enjoyed seeing Commissioner Menard with his Boy Scout troop in the Veterans Day Parade. Wished everyone a Happy Thanksgiving. Added his thanks to staff for their diligent work. Indicated he still has concerns with the congestion problems at the 1-5 and SR-55; and, added that he is not sure if that is a Caltrans or a Public Works issue. Added his wishes for a Happy Thanksgiving. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, December 13, 2004, at 7:00 p.m. in the Clifton Miller Community Center at 300 Centennial Way. Minutes - Planning Commission November 22, 2004 - Page 7