Loading...
HomeMy WebLinkAboutPC MINUTES 11-09-21 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING NOVEMBER 9, 2021 6:00 p.m. CALLED TO ORDER. Given. INVOCATION: Reverend Tim Ellington, Aldersgate Methodist Church Given. PLEDGE OF ALLEGIENCE: Steve Kozak, Chair Pro Tem All present. ROLL CALL: Chair Mason Chair Pro Tem Kozak Commissioners Chu, Higuchi, and Mello None. PUBLIC INPUT. Approved the CONSENT CALENDAR: Consent Calendar. 1. APPROVAL OF MINUTES — OCTOBER 26, 2021 RECOMMENDATION: That the Planning Commission approve the Minutes of the October 26, 2021 Planning Commission meeting, as provided. 2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCE FOR MEETINGS In orderforthe Planning Commission to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Commission to make specific findings at least every thirty (30) days. RECOMMENDATION: Make the following findings by a majority vote of the Planning Commission: a. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic, and continues to be in effect; b. The Commission has reconsidered the circumstances of the state of emergency; and c. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19. Minutes—Planning Commission November 9,2021 —Page 1 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E Hurtado Hurtado confirmed no public input was received for the Consent Calendar. Motion: It was moved by Higuchi, seconded by Mello, to approve the Consent Calendar, as presented. Motion carried 5-0. PUBLIC HEARING: Adopted 3. CONDITIONAL USE PERMIT (CUP) 2021-0012, DESIGN REVIEW Reso. No. (DR) 2021-0010 AND SUBDIVISION (SUB) 2021-0003 (TPM 2021- 4442, as 192) amended. APPLICANT: Allen J. Lynch The Lynch Group P.O. Box 2183 Manhattan Beach, CA 90267 PROPERTY OWNER: Kimer Patel Rakshak Corporation 1062 Irvine Boulevard Tustin, CA 92780 LOCATION: 1062 Irvine Boulevard ENVIRONMENTAL ANALYSIS: This project is categorically exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA) and SECTION 15331 (Class 31) of CEQA as projects which conform to the Secretary of Interior's (SOI) Standards for the Treatment of Historic Properties are considered mitigated to below the level of significance and are therefore exempt. REQUEST: A request to remodel and convert an existing 785 square-foot drive- thru dairy to a drive-thru coffee shop on a 10,592 square foot lot. The existing drive-thru building is a historic resource identified in the City of Tustin's Historic Resources Survey (2021) and the project includes rehabilitation and modifications to the historic building and preservation of the historic pole sign. The project also includes a Tentative Parcel Map to legally subdivide the properties at 1062 and 1082 Irvine Blvd. in accordance with the Subdivision Map Act and to dedicate public right-of-way on Irvine Blvd. along the project frontage. Minutes—Planning Commission November 9,2021 —Page 2 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E RECOMMENDATION: That the Planning Commission adopt Resolution No. 4442 approving CUP 2021-0012, to authorize the remodel and conversion of the existing 786 square foot Alta Dena drive-thru dairy to a drive-thru coffee shop; DR 2021-0010, to approve the site planning and design proposed for the project, and SUB 2021-0003, to formally subdivide the properties at 1062 and 1082 Irvine Blvd. in accordance with the Subdivision Map Act and to dedicate right-of-way to the City of Tustin for the project located at 1062 Irvine Blvd. 6:06 p.m. PUBLIC HEARING ITEM OPENED. Dove Presentation given. Mr. Allen Mr. Allen Lynch, proposed project developer (applicant), provided his career Lynch background and plans for the project. The applicant also described his interaction with Starbuck's, the proposed new tenant, and their move onto the site location. He commended Dove for her work done on this project as well. Higuchi Higuchi asked whether there were any incentives to reduce vehicle parking requirements when on-site storage for bicycle parking is provided. Reekstin In response to Higuchi's question, Reekstin stated that although it would be encouraged to provide bicycle parking or other alternative transportation modes, the TCC does not allow for a reduction in required parking. Chu Chu asked for further explanation from the applicant regarding his comment on the project site being underutilized in order for her to identify other properties in the City of Tustin that are considered underutilized and what process was used to determine that the site was underutilized. Mr. Allen The applicant's response to Chu's question generally included: there are Lynch higher and better uses that could be developed on the project site that may be more broadly community serving; "almost any development is 50 percent data and 50 percent gut"; Tustin has a very successful retail corridor; a number of properties were redeveloped in that area (i.e. Walgreens); and there is an opportunity for a new business that may have a greater impact in the community then what is currently at the project site. Mello Mello asked if there are plans for alternative transportation parking (i.e. bike racks)for the employees. Mr. Allen The applicant's response to Mello's question generally included: the project Lynch site is unique and small; needed to manage the stacking and circulation on- site that Starbuck's creates; architectural elements of the project site (i.e. butterfly roof, steel canopy, etc.) which create fixed points that the applicant Minutes—Planning Commission November 9,2021 —Page 3 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E Mr. Allen could not change; by the time the applicant laid out the circulation, provided Lynch a reasonable amount of landscape, dealt with power/transformer, there was not a lot of room left to work with; he is working with a retailer that is creative and progressive, the applicant made it a priority to find a place for a van accessible stall in order for Starbuck's to hire "across the board"; and the applicant will continue to look into incorporating bike racks in the future, but for now, there is no more room on the project site. Mello Mello asked about staff's notification to 37 agencies and asked if the City always sends notices to the neighboring agencies, particularly the City of Irvine and the Irvine School District as the project is not located within their jurisdictions. He also referred to Condition of Approval No. 4.2 within Resolution No. 4442 and asked if the signage for the project would be going back to the Commission for their consideration. Dove Per Dove, the City provides notice to neighboring agencies when a parcel map or a subdivision map is involved with a project because it is required by the Subdivision Map Act (SMA). Also, when a map impacts an adjacent city, the City will notify that city. All cities are required to do the same. Willkom Willkom added that the SMA has provisions in which local agencies and utility companies may request that the City share the subdivision proposal with them. She informed the Commission of the City's notification process with regards to projects similar to the one presented. Again, due to the SMA provision, the City is required to notify them of this project. Signs in compliance with the Sign Code do not need to be reviewed by the Commission. Willkom added what has been conceptually shared with City staff is that there may be some roof signs, which the current TCC does not allow. City staff will continue working with the applicant to see if there is some flexibility (i.e. Code Amendment) to allow such signage for a historic building (i.e. unique development proposals). In that case, there could be the potential that the signage could be brought back to the Commission for consideration. Kozak Kozak commended the applicant and his team on the attention to detail with this historic project site and he welcomed Starbuck's to the community. Mason Mason's comments/questions generally included: a lot of development going on in the project area; she was a former Starbuck's corporate employee; favorable comments on the dairy refurbishment; concerned with the potential traffic issue (i.e. stacking and flow); and she asked if a traffic study would be conducted in the future. Willkom Per Willkom, City staff and the applicant worked very hard to ensure there would be no overflow of traffic from the project site onto the street. The Public Works Traffic Division looked at the design and has worked with the applicant. The travel lanes on Old Irvine Blvd.will be re-striped and will have a dedicated right-turn lane to accommodate any stacking that overflows onto Old Irvine Minutes—Planning Commission November 9,2021 —Page 4 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E Willkom Blvd. In addition, there are dual lanes that will accommodate large orders or mobile orders, which are popular (i.e. wait time will be less in the drive-thru lane therefore customers can leave site quickly). Mr. Allen Per the applicant, City staff and the applicant have been working on this Lynch project and the first thing the applicant and his team did, was work with the City's Traffic Engineer to address the concern of traffic overflow. He stated that a dedicated turn lane was created which will allow for cars, during peak hours, to stack along the curb which will not impact the existing flow of traffic. The project site will accommodate 12-13 cars on-site. By creating a double- exit lane and designing the radiuses on the drive-thru lane, the applicant was able to address those concerns. Utilizing the pass-thru lane on the west side of the site, to be used during peak hours, will accommodate any additional cars on-site with a mobile handheld ordering system, similar to In-N-Out Burgers, which has been incorporated into the Starbuck's operations plan. The applicant added, in terms of on-site stacking, not only have they exceeded the requirements of the TCC, but significantly exceeded and have a separate operations plan for peak hour efficiency. The introduction of the mobile app will give Starbuck's the ability to move cars faster through the site by picking up orders from the ordering window rather than through the pick- up window and leave the site sooner. Also, by creating the overflow lane, cars can move out of the primary flow of traffic and will avoid excessive back- up which should alleviate many of the concerns previously voiced by the Commission. Mason Mason also asked if there would be a walk-up window at the project site in the future. It did not appear within the report that there was a safe pedestrian access without vehicles. Mr. Allen Per the TCC, the project site allows up to twelve (12) outdoor seats (patio Lynch setting) without changing the overall parking ratio. The applicant and Starbuck's looked at alternatives that would allow for walk-up service. Their primary goal was to make certain the project site worked first, for what it was intended to be, a drive-thru facility. In the future, there may be additional pedestrians in that area, as technology changes. There are plans which will allow the applicant to produce a walk-up service, if there is a need to do so. At this point, the applicant wants to make sure Starbuck's has a safe, effective drive-thru, as the primary use, then Starbuck's can consider a walk-up service. If there is a need and a viable way to produce a walk-up service, the applicant can return to City staff with plans. Willkom Willkom pointed out Condition of Approval No. 2.4 which states that if, in the future, should there be stacking or parking issues, City staff has the ability to work with the applicant to come up with alternative measures to alleviate the issues. Minutes—Planning Commission November 9,2021 —Page 5 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E Chu Chu stated she was in favor of Starbuck's moving onto the project site. She asked if the existing owners or future owners are aware of the City's Historic Preservation Program. Mr. Allen The applicant stated there are many ways to deal with historic preservation Lynch (i.e. building codes, different categories of historic preservation). He mentioned the critical historical elements and considered whether we can redevelop the current building in an efficient way while maintaining those elements, which is why the applicant got his consultant (Janus) involved early on in the project. The applicant's architectural team and Starbuck's architectural team got together to figure out how to develop those elements into the building. At this point, there is no need for the property owner or the tenant to incorporate those elements since they have already created a very well-planned efficient remodel. The existing operating owner of the dairy was not aware of the historic elements of that building and he was concerned there would be impacts to the development and the applicant stated he needed to identify a tenant that would figure out how to work with the existing operating owner and site. Mason Mason asked about the neighboring business, DK Donuts and if it was owner operated. Mr. Allen The applicant stated DK Donuts was not owner operated, but a long-time Lynch tenant property. He further explained to the Commission the history on the tentative parcel map associated with the property. By creating physical barriers between the two (2)businesses, it will improve parking and circulation for everybody and both Starbuck's and DK Donuts are looking forward to benefiting each other. Hurtado Hurtado confirmed there was no public input regarding this item. 6:45 p.m. Closed the Public Hearing. Mello Mello thanked staff and the applicant for working together to revitalize the subject property. He was in support of the item. Chu Chu also thanked staff and the applicant for the well-thought-out project. Higuchi Higuchi stated he was excited for this great project. He commended the applicant for working with the tenant and Starbuck's as well as commending staff for preserving the architecture style of the project site. Kozak Kozak thanked staff and the applicant. Extremely important project due to the property's historic nature. Minutes—Planning Commission November 9,2021 —Page 6 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E Mason Mason thanked City staff and the applicant for maintaining the uniqueness of the property and for maintaining a relationship with the DK Donuts tenant. She asked that City staff monitor the area and traffic. Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4442, with the revisions to Conditions of Approval Nos. 2.1 and 2.4, as presented to the Commission. Motion carried 5-0. None. REGULAR BUSINESS. STAFF CONCERNS: Willkom Willkom reported to the Commission the following: • 11/1: City Council adopted Ordinance No. 1518 establishing District Election (four (4) Council Districts and one (1) mayor at large), which will begin in November 2022. The district map has been published on the City's website, along with a Press Release. • 11/11: Veterans Day Celebration at Veterans Sports Park • 11/18: Mayor's Thanksgiving Breakfast COMMISSION CONCERNS: Higuchi Higuchi asked if Commissioners would still be appointed by majority vote by the City Council. Willkom In response to Higuchi's question, Willkom stated that Commissioners appointment by majority vote of the City Council is the current provision and she was not sure if that would change with the 2022 District Election. She will inform the Commission once she has more information. Chu Chu asked if there will be a Commission meeting on November 23, 2021. Willkom Willkom confirmed there will be a meeting on November 23, 2021. Mello Mello attended a town hall meeting with the Tustin Meadows HOA about revising their CC&Rs. He asked Daudt if he could comment on Senate Bill (SB) 9 and the impact it may have on the common interest community with HOA. Mello also attended a BIA Government Affairs meeting in October and inclusionary housing was discussed. He asked his fellow Commissioners if they would be interested in hearing more about inclusionary housing at a future Commission meeting and possibly provide information to the City Council from the Commission's perspective. Mello referred to the discussion of SB 9 and SB 10 at the October 12, 2021 Commission meeting. Minutes—Planning Commission November 9,2021 —Page 7 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9126-972E9318AE1 E Daudt Daudt stated SB 9 was a recently enacted State law which allows development of up to two (2) residential dwelling units on any single-family zoned parcel within any jurisdiction. As of now, SB 9 does not expressly prohibit HOA's from precluding SB 9 developments. As the law is drafted today, an HOA could amend their CC&R documents to preclude the development of an SB 9 development, however; this outright exemption may not last indefinitely given the State legislature's past practice of coming back, at subsequent sessions, and peeling back those requirements (i.e. ADU law initially was silent as to the ability of common interest developments and CC&Rs to restrict those developments, but eventually that law was amended.) Willkom In response to Mello's comments regarding SB 9 and SB 10, Willkom asked Mello if he would like those items to be agendized at a future Commission meeting. Mason Mason added, if SB 9 and SB 10 were not agendized, if there could be special training. Kozak Kozak thanked staff for all of their hard work in bringing matters to the Commission. He attended the PDAOC Forum in Yorba Linda in early November. Higuchi Higuchi also asked if it would be appropriate for the Commission to address the City Council on the Commission's thoughts regarding SB 9 and SB 10. Possible future training with Daudt on inclusionary zoning and where the City stands with SB 10. Willkom Per Willkom, in order for the Commission to consider SB 10, SB 10 would need to be agendized and likely will require an amendment to the TCC. City staff will return to the Commission through a workshop or educational session in the future. At that time, should the Commission decide to adopt an ordinance, then City staff can come back to the Commission with a Draft Ordinance. Mason Mason thanked City staff and Dove for the presentation. Mello Mello wanted to ensure both SB 9 and SB 10 would be addressed at a future meeting. Willkom Per Willkom, City staff will look at their workload and then schedule a time to bring back both SB 9 and SB 10 to the Commission. Minutes—Planning Commission November 9,2021 —Page 8 of 9 DocuSign Envelope ID:5E3F8C47-9A96-410E-9128-972E9318AE1 E 7:04 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, November 23, 2021. D/o/pc_u-Signedby- AM-E Y MASON Chairperson DocuSigned by: -4. O�� ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Minutes—Planning Commission November 9,2021 —Page 9 of 9