HomeMy WebLinkAbout01 PC MINUTES 10-10-23 ITEM #1
ACTION MINUTES
COUNCIL CHAMBER& VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
OCTOBER 10, 2023
7-00P-M. CALL TO ORDER:
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Mason
Present. ROLL CALL: Chair Pro Tern Higuchi
Commissioners Mello, Mason & Douthit
Absent. Chair Kozak had an excused absence.
None. PUBLIC INPUT
Approved CONSENT CALENDAR:
the Consent
Calendar
1. APPROVAL OF MEETING MINUTES—SEPTEMBER 12, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the September 12,
2023 Planning Commission meeting, as provided.
2. APPROVAL OF SPECIAL MEETING MINUTES — WALKING TOUR —
SEPTEMBER 26, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the September 26,
2023 Planning Commission special meeting, as provided.
Hurtado Hurtado confirmed there was no public input.
Motion: It was moved by Douthit, seconded by Mello to approve the Consent Calendar,
as presented. Motion carried 4-0-1.
Agenda— Planning Commission Meeting —October 10, 2023— Page 1
PUBLIC HEARING:
Adopted 3. SUBDIVISION MAP (SUB) 2023-0003NESTING TENTATIVE TRACT MAP
Reso. Nos (VTTM) NO. 19164 FOR CONDOMINIUM PURPOSES, DESIGN REVIEW
4478, as (DR) 2023-0019, FINAL APPROVAL OF RESIDENTIAL ALLOCATION
amended& RESERVATION (RAR) 2023-0001, DENSITY BONUS
4479, as CONCESSION/WAIVER REQUESTS, DEVELOPMENT AGREEMENT (DA)
presented. 2023-0002
APPLICANT: KAREN ALVES
CITY VENTURES HOMEBUILDING, LLC
3121 MICHELSON DRIVE, SUITE 150
IRVINE, CA 92612
KALVES@CITYVENTURES.COM
PROPERTY MICHAEL KIM
OWNER: TUSTIN CAPITAL LLC
3701 WILSHIRE BLVD, SUITE 820
LOS ANGELES, CA 90010
JPY@THEMODERNFLAT.COM
LOCATION: 14042 NEWPORT AVENUE (APN NOS. 432-074-07, 08
& 09)
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
(DCCSP; SP12)
REQUESTS: A request to subdivide the existing three (3) parcels to
one (1) lot for condominium purposes to construct a total
of forty-two (42) units including forty (40) market rate
and two (2) affordable units. The request includes a
Subdivision, Design Review, Density Bonus along with its
concession and waivers, provision of affordable units, and
a development agreement.
ENVIRONMENTAL:
On June 19, 2018, the Tustin City Council adopted Resolution No. 18-24
adopting and certifying the Final Environmental Impact Report (EIR) for the
Downtown Commercial Core Specific Plan (DCCSP).
Agenda— Planning Commission Meeting —October 10, 2023— Page 2
The project has been evaluated pursuant to the California Environmental
Quality Act ("CEQA") and determined to be exempt pursuant to Section
15182(c) of the State CEQA Guidelines (Cal. Code of Regs.,title 14, Section
15182) and Government Code Section 65457 for Residential Projects
Implementing a Specific Plan because none of the factors listed in Public
Resources Code Section 21166 have occurred. The project will be required
to comply with applicable mitigation measures identified in DCCSP
EIR/Mitigation Monitoring and Reporting Program (MMRP).
RECOMMENDATION:
That the Planning Commission:
1. Adopt Resolution No. 4478, as amended, recommending that the City
Council approve:
• SUB 2023-0003N-FFM No. 19164 to subdivide the property for
condominium purposes to construct a total of forty-two (42)
residential units, including seven (7) live/work units, on
approximately two (2) acres located at 14042 Newport Avenue;
• DR 2023-0019 for site layout and building design for forty-two
(42), three-story residential units, including seven (7) live/work
units, on approximately two (2) acres located at 14042 Newport
Avenue;
• Final Approval of RAR 2023-0001 reserving thirty-five (35) base
residential units;
• Density Bonus request with five (5) percent of units identified as
very-low income housing with a request for density bonus of
twenty percent (35 base units, plus seven density bonus units); one
(1) concession to remove the requirement for full replacement of
frontage improvements along El Camino Real; two (2) waivers to
reduce the minimum required ground floor commercial
development standards within the live/work units that include the
interior depth from forty-five (45) feet to thirteen (13) feet- eight
(8) inches (13'-8") and first (1st) floor plate height of the live/work
units from sixteen (16) feetto ten (10) feet one (1) inch (10'1"); and
use of State Density Bonus Law parking standards, which allow
tandem parking; and
Agenda— Planning Commission Meeting —October 10, 2023— Page 3
2. Adopt Resolution No. 4479, recommending that the City Council
adopt Ordinance No. 1538 for DA 2023-0002 to accept the provision
of community public benefits, by including two (2) affordable housing
units for very low-income households, payment of a voluntary
workforce housing incentive program in-lieu fee, and a 1,392 square
foot public amenity space.
Carver Presentation given.
Wiiikom Willkom informed the Commission that Condition of Approval No. 4.4 will be
further refined to include: "if, at plan check, the City's Community Development
Director, Police Chief, and/or Public Works Director determines that the vehicle
turn movement into and out of the project driveway, along El Camino Real and
Newport Avenue, needs to be reassessed, the Community Development Director,
Police Chief, and/or Public Works Department may require the applicant to
prepare a traffic analysis and the applicant shall bare the associated cost. If said
study indicates there is an inadequate capacity at the project driveways, the
applicant shall be required to provide measures to be reviewed and approved by
the Community Development Department and Public Works Department."
Higuchi Higuchi asked if the revision to Condition No. 4.4 was related to the raised median
along Newport Avenue.
Carver Per Carver, Condition No. 4.4 was amended based on original comments from
Caltrans.
Wiiikom Willkom further explained that the intent of Caltrans was to prohibit left turn
movement along Newport Avenue and from the project site. When staff looked
at the existing median on Newport Avenue, it was already extended and it is
impossible for vehicles to make a left turn. Therefore, the condition is no longer
necessary.
Higuchi Higuchi asked the Commission if there were any questions specifically related to
the revised conditions.
Mello Mello asked about Condition No. 12.8 (d) (will trees be installed or not).
Barragan The applicant was not proposing to install any street trees along El Camino Real
and Newport Avenue. The applicant is proposing trees on the project site fronting
El Camino Real; however, if they do plant street trees in the right-of-way, then the
City's arborist would be able to decide on the location of the trees.
Agenda— Planning Commission Meeting —October 10, 2023— Page 4
Higuchi Higuchi asked if tree planting was related to the density bonus concession.
Barragan Barragan stated that the tree planting was not related to the density bonus
concession.
Wiiikom The proposal involves the removal of existing driveways with sidewalks. Now that
the project has been refined, there are adequate street trees on the private
property portion of the project site; therefore, no street trees along the right-of-
way is required by the Public Works Department. However, Public Works
Department wanted assurance should the developer decide to install trees in the
public right-of-way, they want to be able to determine the type of trees and the
Location of the trees.
Higuchi Higuchi asked if the Commission had any additional questions for staff.
Mello Mello inquired on the following, in general: open space versus private areas (i.e.
BBQ areas) and protecting them from being used by passersby; will there be
fencing in place?; Phase One and Phase Two of the RAR; the VTTM; Condition of
Approval 10.1 (OCFA's Fire Protection Plan) and 10.4 (OCFA's Fire Master Plan is
valid for 90 days) - concern with OCFA having the ability to require changes to the
site plan and thus impact the VTTM;and he asked if the conditions could be altered
to state OCFA's clearance will occur at a different time.
Barragan In response to Mello's previous questions,there are no gates proposed around the
common areas or community.
Wiiikom Willkom addressed the DCCSP RAR concept, which is a reservation of units. The
first phase is for the applicant to submit a concept plan to the City, to reserve the
units for the development. The second phase involves the entitlement. There are
some stipulations with respect to the timeline of the entitlement, which has been
negotiated within the DA. With regards to the VTTM, it is also included as part of
the DA. With respectto OCFA conditions, Willkom referred Mello to the beginning
of Resolution No. 4478 where it states that the Director is allowed to modify the
condition. If OCFA had additional comments, then OCFA, the City and the
applicant would re-group to work out the issues. Willkom did not foresee any
issues, but again, conditions can be revised should any issue arise. She asked the
Commission if staff could refine the conditions before presenting to the City
Council for their review and approval.
Daudt To clarify, Daudt stated that if the Commission was in agreement with Willkom's
suggestion, the Commission's final motion would be the recommendation to
Condition Nos. 10.1 and 10.4 before they are presented to the City Council.
Agenda— Planning Commission Meeting —October 10, 2023— Page 5
Douthit Douthit asked about the process if the applicant were to request adding gates or
fencing to the project site at a later date. He also asked if there would be fencing
around the park area up against the 5 Freeway. Douthit also asked if the Density
Bonus units do not count against the RAR "pool" for the DCCSP.
Wiiikom Willkom stated that if the applicant requested the project site be gated,then Public
Works would get involved, and would want an area to allow cars to stack before
entering the project site, but unsure if there is enough area for gates and fencing
since the driveways on Newport Avenue and El Camino Real are generally"short".
Barragan Barragan confirmed there would not be fencing around the common area adjacent
to the 5 Freeway. Should the applicant decide, at a later date, to install a fence, it
would need to be approved by the Community Development Department.
Barragan confirmed Douthit's statement regarding the RAR "pool".
Mason Mason asked for clarification with regards to the remaining seven (7) units. She
also inquired on the State's requirements for solar panels. Mason voiced her
concern with the parking and asked for clarification regarding tandem parking.
Wiiikom In response to Mason's questions, Willkom stated that the State's density bonus
units are notto be counted as part of the allowable density and she confirmed that
the new TCC requires solar panels be installed.
Carver Carver provided detailed calculations on the number of units and placement for
Live/work units.
Barragan Barragan further described the uses in the live/work units which would be more of
an office/live work use.
Carver Carver also explained the State Density Bonus law allows for parking provisions
(i.e. tandem parking configuration).
Douthit Douthit also commented on the Density Bonus allowing tandem parking. He
asked if there was anything within the TCC that could prohibit tandem parking.
Wiiikom Willkom stated the TCC does not allow tandem parking. The applicant requested
that the City allow them to use the Density Bonus parking provision, which
specifically allows tandem parking.
Mello Mello asked if the proposed project would be located along a major transit corridor.
Agenda— Planning Commission Meeting —October 10, 2023— Page 6
Carver Carver confirmed the proposed project is located within proximity to a high-quality
transit corridor.
Higuchi Higuchi asked about the affordable housing in-lieu fee.
Carver Carver explained, in detail, how the in-lieu fee was calculated.
7.-48p.m. PUBLIC HEARING OPENED.
Karen Alves, City Ventures, also provided a Power Point presentation. During her
presentation, she answered the Commission's questions/concerns on the
following topics:
• The community will not be gated.
• Seventeen (17) total parking spaces on-site, which complies with TCC.
• Common area not gated and located to the rear of the property.
• Highlighted the benefits of the project geared towards the DCCSP.
• Public amenity (plaza) area (seating, landscaping, no cost to the City and
maintained by the homeowner's association).
Hurtado Hurtado confirmed no public input received.
The Commission's closing questions/comments for the applicant generally
included: any development for the CaLTrans easement? Will there be a gate for
CaLTrans access to and from the 5 Freeway? Concern with the possibility of
Loitering within the CaLTrans easement; requested staff ensures safety measures
are in place for the project site; What were the obligations of the applicant's
Voluntary Workforce Housing Incentive Program? Does the developer "have" to
provide affordable housing on-site? The Commission would like to see
undergrounding electrical; concern with the in-lieu fee; and if City Ventures would
build the projects or sell them.
City staff/Applicant's responses to the Commission's questions generally included:
there is no development for the CaLTrans easement which is to be maintained as
an easement for Caltrans access; there is no fencing/wall for the CaLTrans access;
by not providing a fence/wall in that easement, it provides line of sight visibility
into that area to avoid any potential loitering issues; the requirement for
underground utility lines in the TCC needs to happen within the project boundary;
some of the overhead power lines are located within the public right-of-way
outside of the project boundary; the applicant is proposing to remove one (1)
electrical pole along the front of the project site entry along El Camino Real; the
developer chose to use five (5) percent very-low and to pay the in-lieu fee;two (2)
Agenda— Planning Commission Meeting —October 10, 2023— Page 7
affordable units "have" to be on-site; Ms. Alves stated that the affordable units
would be $154K (smaller unit) and $171K (larger unit) and the market rate units
will be starting at $800K; Ms. Alves stated they are gearing up to start the
construction process pending the outcome of this meeting; and City Ventures
intention is to build immediately.
6-07p.m. PUBLIC HEARING CLOSED
It was moved by Mello, seconded by Mason to approve the item, as amended.
Motion carried: 4-0-1.
None. REGULAR BUSINESS:
STAFF CONCERNS:
Willkom reminded the Commission of the upcoming 261" Annual Mayor's
Thanksgiving Breakfast, November 16, 2023.
COMMISSION CONCERNS:
Douthit Douthit wants to make sure the City is being thoughtful with the DCCSP and he
Looks forward to hearing about the consultant's findings. Thanks to the City for
another great Tustin Tiller Days event.
Wiiikom Per Willkom,the consultant has completed their study and the final report will be
presented to the City Council,then the results will be provided to the Commission.
Mello Mello attended the HomeAid Gala and the House of Ruth was highlighted at the
ceremony
Mason Mason enjoyed the walking tour on September 26, 2023 and would like to go more
often! Thanks to Staff!
Higuchi Favorable comments to City staff regarding the public hearing item.
8.10p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for Tuesday,
October 24, 2023.
Agenda— Planning Commission Meeting —October 10, 2023— Page 8