HomeMy WebLinkAbout01 PC MINUTES 05-09-23 ITEM #1
MINUTES
COUNCIL CHAMBER& VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MAY 9, 2023
7.-04 p.m. CALL TO ORDER.
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Chair Kozak
Present. ROLL CALL: Chair Kozak
Commissioners Mello, Douthit, and Mason
Absent. Chair Pro Tem Higuchi had an excused absence.
PUBLIC INPUT:
Hurtado Hurtado confirmed no public input received.
Approved the CONSENT CALENDAR:
April 25,2023
meeting
minutes
1. APPROVAL OF MEETING MINUTES —APRIL 25, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the April
25, 2023 Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input received.
Motion: It was moved by Mason, seconded by Mello, to approve the Minutes of
the April 25, 2023 Planning Commission meeting. Motion carried 4-0-1.
PUBLIC HEARING:
Adopted 2. CONDITIONAL USE PERMIT 2021-0027 AND DESIGN REVIEW
Reso. No. 2021-0014
4470, as
amended.
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APPLICANT/ Sam Olson
PROPERTY Pacific Legacy Real Estate & Investments
OWNER: 17853 Santiago Boulevard, Suite 107-484
Villa Park, CA 92861
LOCATION: 14192 Yorba Street
ENVIRONMENTAL:
This project is categorically exempt pursuant to Section 15332 (Class 32),
Section 15303 (Class 3), and Section 15331 (Class 31) of Title 14,
Chapter 3 of the California Environmental Quality Act.
REQUEST:
1. Conditional Use Permit (CUP) 2021-0027 to authorize
construction of a multi-family residential planned development
comprised of three (3) new one-story dwellings with accessory
structures and the preservation of one (1), one-story dwelling
identified as a historic resource.
2. Design Review (DR) 2021-0014 for site layout and building
design.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4470, approving
CUP 2021-0027 to authorize construction of a residential planned
development and DR 2021-0014 for the site layout and building design
for a multi-family project consisting of three (3) new, one-story detached
dwellings and the preservation of an existing one-story dwelling
identified as a historic resource, located on a single lot at 14192 Yorba
Street.
Salman Presentation given.
Mello Mello asked if there was any indication (i.e. a historic plaque) that
indicated the project was historic.
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Salman Salman stated that the project does not have a historic plaque but that it
was included as part of the 2021 Historic Survey and the existing
dwelling is considered a historic resource.
Mason Mason asked about the height of the wall between the project site and
the single-family residential homes to the east and south.
Salman In response to Mason's question, Salman stated that the existing wall on
the north side, south side and east side are all six (6) feet in height.
Douthit Douthit asked for confirmation that there would be hedges, vines,
vegetation in between the southern and eastern walls (R-1 Zone).
Salman In response to Douthit's question, Salman stated that there will be fast
growing vegetation in between the southern and eastern walls. She
added that City staff is recommending the Conditions of Approval that
would require dense and fast-growing hedges along the north perimeter
wall, adjacent to the proposed pool.
Willkom Willkom further clarified that Condition of Approval No. 2.12 requires the
wall height be increased to six (6) feet eight (8) inches along the east and
the south property lines since they are adjacent to single-family homes.
Mason Mason asked if there is a height limit.
Willkom Willkom referred to the TCC that allows perimeter walls to be a
maximum height of six (6) feet eight (8) inches.
Douthit Douthit asked if the property was previously approved for Planned
Community (R-3).
Salman Salman confirmed that the City Council approved Ordinance No. 487,
rezoning the property to PC-R3 in 1971 with specific development
standards.
Public Members of the public (Liz Allen, Becks Allen) generally expressed
Input concern with the following: noise due to more residents; traffic; asked if
the projectwould be a possible rental property and notfor sale; increased
fencing height to avoid people looking into neighbor's bedroom and
bathroom windows; and unsure of who the owner of the block wall is
between Park Tustin property and Enderle Gardens.
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Huitron In response to the public input regarding the height of the walls, Huitron
referred to the Planning Commission meeting packet, specifically
Condition of Approval No. 2.12 (i.e. height of the walls on the south side).
The height increase is not required on the north side of the property
because it is not adjacent to a single-family residential use. If the
Commission pleases, they can modify Condition of Approval No. 2.12 to
include the wall on the north property line.
Public input Mr. Curt Wegley, resident, asked the following questions, in general:
setback of the proposed project; whose responsibility will it be to pay for
the increase in height of the wall; what type of windows will be facing
the property to the east of the project; Mr. Steve Henron, resident at
Enderle Gardens, addressed the following concerns: the number of
bedrooms in the proposed units; will the proposed project be a short-
term rental; will the owner of the main unit occupy that unit; Becky Allen,
resident of Park Tustin, voiced her concern with construction noise;
privacy; security; and Barbara Neeshaw voiced her concern with the
Length of time for construction.
Huitron For clarification regarding the public's concerns, Huitron addressed the
following, in general: height and privacy relating to the project site and
the adjacent structures; the zoning applicable to the project site limits the
heights to one-story; the height of the condominiums along the north
perimeter wall are one-story units; the existing historic structure will be
preserved and protected; the proposed units would be one-story at
eighteen (18) feet in height; the garages closer to Yorba Street would be
at seventeen (17) feet high; the pool is an open space amenity for the
project; she explained the preservation process of the historic structure;
the applicant can pursue historic designation as part of the City's Mills
Act Program, if the applicant desires and if the structure and property
qualifies; with regard to the project site being a rental property, the
project site has been designed with the characteristics of a single family
project; with regard to short-term rental, the TCC prohibits any short-
term rentals or vacation rentals; and the TCC requires 30-day or longer
rentals.
Barragan Barragan also addressed the public's input which generally included:
setbacks on the east side of the project site, the minimum set back is ten
(10) feet; the property line wall — the existing structures will be
demolished and if the proposed project is approved, the new structures
on that property line will be a minimum of ten (10) feet; in terms of who
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would pay for the wall, the Condition of Approval No. 2.12 only requires
that the wall be increased and the applicant will coordinate with
surrounding property owners; all the new units face the interior of the
project site and the rear of each of the new units face the property lines
(i.e. the private areas of the new units would back up to the backyards of
the existing single family homes); the single family residences on
Wisteria Lane and Jacaranda back up to the property which means their
backyards are facing the subject property; various windows will be facing
the east, north and south property lines and include a variation of
bedroom windows, bathroom windows; and living area windows with
sliding doors; the average size of the new units is 1,800 square feet and
are all proposed with four (4) bedrooms and three (3) bathrooms and the
historic unit will remain the same atfour (4) bedrooms, one (1) bathroom;
the maximum height of the one-story units is eighteen (18) feet; and he
shared information regarding the density of the proposed units; the
development regulations for the PC R-3 zone requires that the wall be
six (6) feet eight (8) inches between the project site and single family
zones as well as landscaping along the perimeters to add additional
screening; and the applicant is proposing a variety of landscaping options
(i.e. trees, hedges, plants) to the north, south and east property lines.
Mason Mason asked who the owner of the wall is, in general.
Barragan Per Barragan,the City has not yet received a survey to determine who the
walls belong to but a determination will be done during the Plan Check
process.
Mello Mello asked about the strategically planted trees in front of the windows
and if a landscape buffer around the property was considered. Per the
public's concern with privacy, Mello asked if there is something available
that would keep the privacy between the properties.
Barragan In response to Mello's previous question, Barragan stated in addition to
trees, there would be landscaping hedges or vines in front of the
perimeter wall. Any landscaping that is in the setback area would act as
a buffer between the new homes and the property lines. Regarding
privacy, Barragan stated the Condition of Approval could be added that
would require the applicant to submit planting material for review and
approval by the Planning department at plan check.
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Douthit Douthit asked about the condominiums to the north of the project site and
if they took advantage of the Zoning Ordinance that was adopted by the
City Council in 1971.
Barragan In response to Douthit's question, the condominiums were developed
under the same development standards as the proposed project
(Ordinance 487 adopted by City Council in 1971).
Sam Olson, Regarding the concern with additional screening, Mr. Olson stated he
owner would be willing to work closely with the concerned neighbors to ensure
they are comfortable with their screening. He was also in agreement with
the north property line wall being raised to six (6) feet eight (8) inches.
As for the start of construction, Mr. Olson stated it could take
approximately six (6) months to obtain a permit. The project overall could
take approximately one (1) year to complete.
Public input Additional questions from Mr. Steve Henron included: the days/hours of
construction and he asked what the setback is to the north wall of Park
Tustin.
Willkom Willkom stated, the TCC allows for construction hours and the applicant
would need to abide by the construction hours listed in the TCC.
Barragan Per Barragan, the setback on the north and south property line is five (5)
feet which is consistent with the PC-R3 regulations and also the R-1
standards as well.
8:11 P.M. Closed the Public Input portion of the meeting.
The Commission deliberated and collectively stated the following in
general: commended applicant for being respectful of the site plan;
favorable comments regarding the project; need to address privacy
concerns among the parties; thanked the members of the audience for
voicing their concerns; and if there is a height limit for the landscaping.
Willkom Willkom stated that if the Commission desires to have some of the
Conditions of Approval modified, Willkom read aloud the potential
amendments (wall height) for the Commission's consideration as follows:
"Condition of Approval No. 2.12.- as required ,by the Development
Standards, and applicable Ordinance No. 487, the applicant shall
increase the height of the existing perimeter,block wall at the north,south
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and east property lines from six (6) feet to six (6) feet eight (8) inches.
Condition of Approval No. 3.5.- the applicant shall revise the landscape
plan and add dense and fast-growing hedges along the eastern,
southern, and the northern perimeter wall to serve as additional
screening adjacent to the condominium development and the single-
family homes located to the north, east, and south of the project site. The
Cityre view and approval of the planting materials and location is required
prior to issuance of any building permit."
Motion: It was moved by Mason, seconded by Mello, to adopt Resolution No.
4470, as amended. Motion carried 4-0-1.
None. REGULAR BUSINESS
STAFF CONCERNS:
Willkom Willkom congratulated newly appointed Planning Commissioner
Douthit.
COMMISSION CONCERNS:
The Commission collectively welcomed Commissioner Douthit to the
Planning Commission.
Douthit Douthit thanked his fellow Commissioners and staff.
8.22p.m. ADJOURNMENT.
The next regular meeting of the Planning Commission is scheduled for
Tuesday, May 23, 2023.
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