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Home My WebLink AboutPC MINUTES 12-13-22 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING DECEMBER 13, 2022 7:00 p.m. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Chair Pro Tem Kozak Ali present. ROLL CALL: Chair Mello Chair Pro Tem Kozak Commissioners Chu, Higuchi, Mason None. PUBLIC INPUT: CONSENT CALENDAR: 1. APPROVAL OF MINUTES — NOVEMBER 8, 2022 RECOMMENDATION: That the Planning Commission approve the Minutes of the November 8, 2022 Planning Commission meeting, as provided. 2. APPROVAL OF MINUTES--SPECIAL MEETING—NOVEMBER 29,2022 RECOMMENDATION: That the Planning Commission approve the Minutes of the Special Meeting held on November 29, 2022, as provided. 3. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCE FOR MEETINGS In order for the 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 Planning Commission has reconsidered the circumstances of the state of emergency; and Minutes—Planning Commission December 13, 2022—Page 1 of 6 c. Local health officials continue to recommend measures to promote social distancing. -, Hurtado Hurtado confirmed no public input received on the Consent Calendar. Motion: It was moved by Mason, seconded by Chu, to approve the Consent Calendar, as presented. Motion carried 5-0. PUBLIC HEARING: 4. GENERAL PLAN AMENDMENT(GPA) 2022-0001, ZONE CHANGE (ZC) 2022-0001, DESIGN REVIEW (DR) 2022-0004, DENSITY BONUS CONCESSION/WAIVER REQUESTS; DEVELOPMENT AGREEMENT (DA) 20220002, SUBDIVISION MAP (SUB) 2022-0002/TENTATIVE TRACT MAP (TTM) NO. 19224 APPLICANT: EMILIE SIMARD INTRACORP SOCAL-1, LLC 895 DOVE STREET, SUITE 400 NEWPORT BEACH, CA 92660 PROPERTY OWNER: RAO YALAMANCHILI TUSTIN BUSINESS CENTER— PI PROPERTIES L.P. 610 N. SANTA ANITA AVENUE ARCADIA, CA 91006 LOCATION: 17802 AND 17842 IRVINE BOULEVARD REQUESTS: 1. GPA 2022-0001 -- A request to amend the General Plan Land Use Designation of the subject property from Professional Office (PO) to High Density Residential (HDR). 2. ZC 2022-0001 -- A request to change the Zoning District of the subject property from Retail Commercial District (Cl) with a Parking Overlay (P) to Multi-Family Residential (133). 3. DR 20220004 for site layout and building design. 4, Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and a Waiver for a reduction in required amount of common open space. 5. DA 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low, ; income households and payment of in-lieu fee. Minutes—Planning Commission December 13,2022--Page 2 of 6 6. SUB 2022-0002/TTM No. 19224 — A request to subdivide the properties for condominium purposes to construct a total of forty (40) units including thirty-eight (38) market rate and two (2) affordable units. ENVIRONMENTAL: A Mitigated Negative Declaration (MND) 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. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4461 recommending that the City Council find that the MND is adequate for GPA 2022-0001, ZC 2022-0001, DR 2022-0004, Density Bonus requests, DA 20220002 and SUB 2022- 0002/TTM 19224 for the proposed project at 17802 and 17842 Irvine Blvd. 2. Adopt Resolution No. 4462 recommending that the City Council approve GPA 2022-0001 to amend the General Plan Land Use Designation of the subject property from Professional Office (PO) to High Density Residential (HDR). 3. Adopt Resolution No. 4463 recommending that the City Council adopt Ordinance No. 1531 for ZC 2022-0001 to change the Zoning District of the subject property from Retail Commercial District (Cl) with a Parking Overlay (P)to Multi-Family Residential (R3) to facilitate the development of forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. 4. Adopt Resolution No. 4464, recommending that the City Council approve: DR 2022-0004 for site layout and building design for forty (40), three-story residential units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd., • Density Bonus request to allow one (1) Concession to allow a reduced building setback along Irvine Blvd. and a Waiver for a reduction in required common open space; and . SUB 202200021TTM No. 19224 to subdivide the property for condominium purposes to construct a total of forty(40) residential Minutes--Planning Commission December 13,2022—Page 3 of 6 units on approximately 2.07 acres located at 17802 and 17842 Irvine Blvd. , 5. Adopt Resolution 4465, recommending that the City Council adopt Ordinance 1532 for DA 2022-0002 to accept the voluntary provision of community public benefits, by including two (2) affordable housing units for very-low income households and payment of affordable housing in-lieu fee. Barragan Staff presentation given. Applicant The applicant, Emilie Simard, provided a Power Point presentation and she made favorable comments towards City staff with regards to the project. Commission The Commission collectively commented on the following: elevations asked if applicant will be using bronze windows within the development; some of the site elevations show what look to be a reveal around the windows and if that is the intent; existing transient issue in certain parts of Tustin and the central private area -- any measure being put in place to restrict the use of that area, specifically the fireplace area to prevent camping of non-residents; how will the rooftop decks be regulated (i.e. umbrellas, shade structures); when will the item go before the City Council; results of the Traffic Study; Quimby fees; affordable housing in-lieu fee; if the secondary pedestrian access to the west is a zoning or code requirement; if there was a preliminary SB 330 application; and exact location of the affordable units. Applicant Ms. Simard's response to the Commission's questions generally included: the design intent is to use bronze windows once the development is further along in building plan check; she confirmed the intent to include reveals around the windows; transient concern — a keyless FOB would be used by the residents only/access with cell phone apps which will be incorporated once residents move in (i.e. app to be used to access BBQ's, turn on fireplace, etc.) as well as decorative fencing surrounding the area to keep unwanted guests out; and homeowners will be given a certain amount of flexibility when moving in to create their space, but CC&Rs and design review process through the HOA will establish what will be allowed on the rooftop decks. Barragan Barragan stated the following, in general: the item will go before the City Council on January 17, 2023; based on the traffic study provided, it was determined that the project would not create any negative impacts to the level of service; therefore, no improvements were required of the project; the affordable housing in-lieu fee will be determined at the time the fee is paid; the secondary pedestrian access is what the City collaborated with the applicant to provide for additional pedestrian access; the SB 330 application was not filed however, the provision of additional residential units would be consistent with SB 330; and he referred to page 79 of the report referencing the height of the walls to the rooftop decks. Minutes--Planning Commission December 13,2022—Page 4 of 6 Huitron Per Huitron, Quimby fees is an item staff continues calculating. Fees are based on the land valuation and a study is currently in progress. It is a condition of approval that the City review that study and concur with the assessments prior to assessing the final Quimby fee. Applicant Ms. Simard further clarified the affordable housing in-lieu fee amount memorialized in the development agreement, at this time, it is estimated at $276,020. The trip generation for the project based on the traffic study by EPD Solutions demonstrated that the residential use from commercial generates 295 less trips/per day; the developer has not identified which units will be designated as affordable at this time but there will be two (2) lots set aside for affordable housing; and confirmed there would be 38 market-rate units and two (2) affordable units. 7:52 p.m. Opened Public Hearing portion of the meeting. Mr. Ernie Glasgow, Orange resident, spoke in favor of the project. He suggested that the garages be used for parking only (not storage) and that it is written in the CC&Rs and that the HOAs have the ability to inspect the garages to verify the garages are being utilized for parking. Hurtado Hurtado confirmed no additional public input received. 7.54 p.m. Closed the Public Hearing portion of the meeting. The Commission generally deliberated on the following: Mello disclosed knowing several employees who work for Intracorp and the applicant met with Chair Mello prior to the meeting to discuss the project; the current site is underutilized and the area is likely to evolve; concern with density and giving up green space; whether or not the CC&Rs will be reviewed by City staff; concern with secondary pedestrian access; the City's General Plan is outdated; referred to the Zonda report (attachment within PC report) need to utilize funds to encourage more multi-family homes; length of the deed restriction of the affordable units; the project will refresh an underutilized property and the project is appropriate for the site; thanked the applicant for reaching out to the community; and the fees are reasonable and will bring revenue to the City. Barragan Barragan stated that Condition of Approval No. 5.5 covers the concern with enforcement of parking at the project site with the garages. Willkom Willkom spoke on the following in general: the project includes density bonus request; the housing agreement will require a 45-year for the terms of affordability for each unit; and inclusion of the equity sharing between the property owner and the City. 8:07 p.m. Closed the Public Hearing portion of the meeting. Minutes—Planning Commission December 13, 2022—Page 5 of 6 Motion.- It was moved by Chu, seconded by Kozak, to adopt Resolution Nos. 4461-4465. Motion carried 5-0. None. REGULAR BUSINESS STAFF CONCERNS- Willkom Willkom informed the Commission that the City of Tustin was selected as the winner of the OC Business Council Turning Red Tape into Red Carpet event on November 17, 2022, Congratulations to staff! She also introduced new hire, Adam Wong, Permit Technician, to the Commission (Welcome Adam!) and wished everyone Happy Holidays! COMMISSION' CONCERNS: Chu Chu wished everyone a Merry Christmas. Mason Mason congratulated the applicant and City staff for the item presented and appreciated the public comments being listed. Welcome Adam! Mason also attended the City's State of the City. Higuchi Welcome Adam and Happy Holidays everyone! Kozak Kozak thanked staff and the presenters for the Public Hearing item. Welcome Adam. He wished everyone happy holidays, Merry Christmas and Happy Hanukah! Mello Mello also thanked staff for the meeting agenda packet, Welcome Adam and happy holidays to everyone! 8.-12 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, December 27, 2022, All" DAVID' J-,"ELLO, JR. Chairpe(son J NA L WILLKOM Planning Commission Secretary Minutes—Planning Commission December 13, 2622—Page 6 of 6