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HomeMy WebLinkAboutPC Minutes 02-13-06 7:03 p.m. Given Others present Approved Adopted Resolution 2. No.4016,as amended MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 13, 2006 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair John Nielsen, Chair Pro Tem Nathan Menard, Commissioners Brett Floyd, Jim Lee, and Leslie Pontious Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Dana Ogton, Assistant Community Development Director Terry Lutz, Principal Engineer Justina Willkom, Senior Planner Minoo Ashabi, Associate Planner Matt West, Associate Planner Eloise Harris, Recording Secretary CONSENT CALENDAR 1. APPROVAL OF MINUTES - JANUARY 23, 2006, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Floyd, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS CONDITIONAL USE PERMIT 05-026 AND DESIGN REVIEW 05-012 REQUESTING AUTHORIZATION TO DEMOLISH AN EXISTING 1,900 SQUARE FOOT DRIVE- THROUGH PHARMACY, CONSTRUCT A NEW 2,565 SQUARE FOOT RESTAURANT WITH OUTDOOR SEATING AREA AND PERMIT A TYPE 47 ABC LICENSE (ON SALE GENERAL FOR BONA FIDE PUBLIC EATING PLACES) TO SELL BEER, WINE, AND DISTILLED SPIRITS. THIS PROJECT IS LOCATED AT 13348 NEWPORT AVENUE IN THE RETAIL COMMERCIAL (100, C-1, 10,000) ZONING DISTRICT. Minutes - Planning Commission 2-13-06 - Page 1 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4016 approving Conditional Use Permit 05-026 and Design Review 05-012. 7:05 p.m. The Public Hearing opened. West Presented the staff report, adding that the applicant has agreed to install a combination of landscaping and/or a low wall to discourage pedestrian movement between Kentucky Fried Chicken and Chipolte. Pontious Asked for clarification regarding the condition that would require a division between the properties. West Indicated that those types of details typically are worked out in plan check; there is no condition that states the precise agreement; the applicant has verbally agreed to add this divider; staff can add specific language if the Planning Commission so requests. Pontious Suggested that language should be included since a concern was expressed. Retterer Stated staff would provide the language. -- Floyd Recused himself from commenting or voting on this project due to a conflict of interest and left the dais. Nielsen Asked if the intended hours for Chipolte (10:00 a.m. to 11 :00 p.m.) match the drive through hours that have been in effect at the pharmacy. West Stated that staff is not familiar with the operating hours of Walgreens; the other businesses in the area operate until 11 :00 or 12:00 in the evening. Nielsen Asked if serving alcohol on the patio is covered by City statutes. Retterer Indicated that staff is not aware of any special patio laws. Pontious Added that special guidelines were established by the Council quite some time ago. West Stated there are design criteria such as the distance from the right-of-way, there being a door leading directly into the restaurant, the height of the perimeter enclosure, etc.; the Minutes - Planning Commission 2-13-06 - Page 2 -- - ~- -~ Menard West Nielsen Director Nielsen James Comerford, RMB Architects Menard Mr. Comerford Nielsen Mr. Comerford 7:21 p.m. Adopted Resolution 3. No. 4015 applicant is required to comply with all the guideline requirements. Asked if it might be possible to relocate the handicap parking so the path of travel is not through the driveway aisle; relocating to the rear of the building would provide better access; it appears there is enough space in front of the trash enclosure to borrow some of that area and allow one more parking space along the perimeter side; this would provide a path of travel without crossing the driveway. Suggested that would be an option to explore with the applicant. Asked staff if the additional language was available. Suggested the following be added as Condition 2.21: "The applicant shall install a combination of landscaping and/or a wall along the common property lines subject to review and approval by the Community Development Department at plan check." Invited the applicant to the lectern. Stated he was available to answer any questions the Commission might have. Asked if Mr. Comerford could comment regarding the handicap stalls. Stated that would not be a problem. Asked if the applicant agreed the suggested changes were workable. Answered in the affirmative The Public Hearing closed. It was moved by Pontious, seconded by Menard, to adopt Resolution No. 4016. Motion carried 4-0. TENTATIVE PARCEL MAP 2005-240 A REQUEST TO CREATE A CONDOMINIUM OFFICE BUILDING FOR ELEVEN (11) SUITES WITHIN AN EXISTING TWO-STORY OFFICE BUILDING. THIS PROJECT IS LOCATED AT 2552 WALNUT AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. Minutes - Planning Commission 2-13-06 - Page 3 7:24 p.m. Ashabi Menard Ashabi Menard Ashabi Jeff Adler, Pacific Point Partners and Bole International Menard Mr. Adler 7:34 p.m. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4015 approving Tentative Parcel Map 2005-240. The Public Hearing opened. Presented the staff report. Asked if this project would merit a modification to the trash enclosure that would allow the accommodation of additional recycling bins for office use. Answered that there are no modifications proposed at this time, but such a modification would probably result in the loss of one parking space. Questioned whether or not the trash enclosure is shared between this building and the adjacent building; and, asked how the handicapped parking is related to condominium use-the overall building or specified for each tenant to meet the regulations. Answered that the handicap requirement is based upon the total number of spaces. Noted that the map indicates there are two separate trash enclosures for the two buildings; the enclosure serving this site is adjacent to a transformer pad; expansion of the trash enclosure would require additional space to the north. Stated his group is the space planner, architect, and part owner of the building and that he would be happy to answer any of the Commission's questions; and, added the handicapped parking issue has been addressed. Clarified that his question related to whether or not there are different regulations for condominiums. Regarding the recycling bins, there is nothing in place to assist the City in accommodating enough recycling bins; this is becoming a problem within Tustin and something that the applicant should consider implementing for this project, i.e. adding enough space to add a recycling bin for Federal Disposal. Indicated the applicant and the owner would be in favor of that suggestion. --~ , The Public Hearing closed. Minutes - Planning Commission 2-13-06 - Page 4 Pontious Asked if it would be appropriate to address the additional trash space or leave it at the staff level. Director Indicated the applicant made it clear that this issue would be addressed; the Director of Public Works intends to work with the community and Federal Disposal to implement recycling in the future in compliance with AB 939; if the Planning Commission wishes, photographs could be e-mailed showing some of the creative ways to address recycling bins. Pontious Noted that the issue should be addressed on any future action taken. It was moved by Floyd, seconded by Pontious, to adopt Resolution No. 4015. Motion carried 5-0. REGULAR BUSINESS 4. SPECIFIC PLAN AMENDMENT - QUESTIONS AND ANSWERS: At the meeting of January 9, 2006, staff provided an overview of a number of Specific Plan Amendments to the MCAS Tustin Specific Plan. The Amendments are based on a policy direction provided by the City Council at a workshop on November 1, 2004. The purpose of the workshop was to transmit the associated Specific Plan Amendment documents to the Planning Commissioners and to provide the Planning Commission with an adequate amount of time in which to review the proposed Amendments. At the workshop, staff indicated the item would be re-agendized to allow further questions from the Planning Commissioners. Director Indicated, regarding the replacement documents that were provided to the Planning Commission, there were minimal changes to Chapter 2; regarding Chapter 3, there were not many changes; however, the changes that were made changed the page numbering and that is why a complete revised Chapter 3 was included. Nielsen Noted that percentages of density on the project seem to have changed from the inception of the project to the present; it is difficult to determine what the density will be. Director Stated it was important to the City Council that there be a one-for- one ratio, none of the environmental thresholds be increased, no unit counts be increased, the same amount of open space be provided based on the original MCAS Specific Plan; the Minutes - Planning Commission 2-13-06 - Page 5 PowerPoint presentation provided to the Planning Commission in January provides side-by-side representations of what was and what is proposed. Nielsen Indicated that it appears the numbers are moving to different planning areas while the overall totals remain the same percentages of low, medium, and high density. Director Stated that is correct in terms of the master developer footprint area; Lennar received a 25 percent density bonus; the City is required by law to provide that bonus; otherwise, the overall unit numbers are the same. Pontious Referred to the community core elements (residential and commercial) listed on page 210; stated it was her impression that the City prefers an integrated concept for that area; and, asked if such a desire could be specifically stated to make it clear what the preference would be. Director Answered that staff has done that; the Business Plan may articulate that even further. Pontious Asked why convenience stores have been removed (page 369). Director Indicated that the plan is to encourage specialty stores and other retail stores; this was a matter of definition. 5. PROJECT SUMMARY The summary focuses on the status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved, major improvement projects, and other items of interest. Director Provided an overview of the projects listed; and, noted the City Council approved the Final Map for Columbus Square at last week's meeting. Menard Stated there are still only two lanes of traffic at the railroad track on Red Hill; and, asked if a modification could be put in place in order to have three lanes heading north and south on Red Hill. Lutz Responded that three lanes for northbound Red Hill are a possibility; and, added that Public Works is waiting for construction to subside before going ahead with the striping, but the hope is for continuous six lanes through that area. Minutes - Planning Commission 2-13-06 - Page 6 --~----------...- Menard Asked if it was possible to remove on-street parking altogether on Tustin's major arteries. Lutz Responded that three arteries, Red Hill Avenue, Newport Avenue, and Irvine Boulevard are being studied for removal of on-street parking and the possible impacts that might result; Public Works is meeting with a consultant to prepare a study. Nielsen Noted that the earlier response related to modifications to the intersection of Edinger and Red Hill and construction at the old Barn site and that the lane reduction would be a temporary situation; the problem is now getting out of hand; the traffic back- up during rush hour going north on Red Hill sometimes backs up almost to Barranca; widening at the railroad tracks to create more access is also an issue; anything that can be done to alleviate the congestion will be appreciated. Lutz Stated that the plan is to get back to as much capacity as possible on Red Hill as soon as construction allows. Menard Asked who is doing the independent study regarding the parking. Lutz Responded that Katz Okitsu Traffic Engineers are the consultants. Pontious Noted from a historical perspective that traffic on Red Hill was an issue when she first served on the City Council in 1985. STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 6, 2006, CITY COUNCIL MEETINGS. Director Reported the Tentative Parcel Map to combine two parcels on Valencia Avenue was approved by the City Council. Noted that Interim Urgency Ordinance No. 1309 related to medical marijuana dispensaries will be in effect for 45 days and will go back to the City Council with a study; the Council will have the ability to either do nothing or to extend that Ordinance for 10 months and 15 days; the Planning Commission might be interested because this is a zoning-related issue; at the end of the 10 months and 15 days, staff will return with some alternatives; in that timeframe, the Planning Commission will likely be making a recommendation to the City Council for a possible amendment to the City's Zoning Code; staff can provide the Planning Commission with a copy of the staff report that will be taken to the City Council next month. Minutes - Planning Commission 2-13-06 - Page 7 Floyd Asked for clarification regarding the letter to the City of Costa Mesa regarding high-density projects and resulting traffic for the City of Tustin. Director Answered that this was a letter in response to a Notice of Preparation for a project that is pending in Costa Mesa; the City Council was making a statement regarding other projects in other cities that may have an impact on the City of Tustin; it is necessary to track these projects to ensure there are no negative impacts on the City. Pontious Referred to the agreement between Tustin and Santa Ana that requires both cities to equally share the burden; this agreement was the result of Santa Ana building a high rise on the border that resulted in increased traffic in Tustin; it is important for the Council to be informed about other cities' similar projects. Floyd Noted the increased traffic will impact the City as a result of the apartment complexes and high rise condominiums on Irvine Boulevard that will add traffic to Jamboree. Director Indicated that the City has been commenting on those projects as they come forward. Menard Asked if the City has a reciprocal agreement with City of Irvine similar to the one with Santa Ana. Director Answered in the negative. COMMISSION CONCERNS Floyd Thanked staff for their hard work; and, wished everyone Happy Valentine's Day. Pontious Stated she will be bringing $100 cash back tickets for purchase at the next meeting. Lee Thanked staff. Menard Thanked staff for their work and the applicants for being courteous and willing to make changes that were suggested. Wished everyone Happy Valentine's Day. Nielsen Thanked staff; and, wished everyone a wonderful Valentine's Day. Minutes - Planning Commission 2-13-06 - Page 8 8:02 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, February 27,2006, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. a~ Ã~< Elizabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission 2-13-06 - Page 9