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HomeMy WebLinkAboutPC Minutes 01-08-07 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JANUARY 8, 2007 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Floyd Chair Pro Tem Puckett Commissioners Lee and Nielsen Absent: Commissioner Kozak Puckett Stated for the record that the U.S. Congress had the day off for the BCS Championship game, while the City's Planning Commission and staff were on the job. Staff present Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Christine Shingleton, Assistant City Manager Dana Ogdon, Assistant Community Development Director Scott Reekstin, Senior Planner Justina Willkom, Senior Planner Chad Ortlieb, Associate Planner Ryan Swiontek, Assistant Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - NOVEMBER 27, 2006, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Nielsen, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS Adopted 2. Resolution Nos. 4047 and 4048, with one modification noted by staff USE DETERMINATION 06-002 AND CONDITIONAL USE PERMIT 06-022 TO ESTABLISH A PET HOTEL WITHIN A PET STORE AS A CONDITIONALLY PERMITTED USE IN THE PLANNED COMMUNITY MIXED USE (PCMU) ZONING DISTRICT AND TO CONDITIONALLY PERMIT THE PROPOSED USE AT 2741 EL CAMINO REAL. IN ADDITION, THE APPLICANT IS REQUESTING A Minutes - Planning Commission 1-8-07 - Page 1 7:02 p.m. Swiontek Floyd Swiontek Nielsen Swiontek Floyd Andrew Whiteaker, applicant Floyd Mr. Whiteaker Floyd Mr. Whiteaker Puckett CONDITIONAL USE PERMIT TO OPERATE AN OUTPATIENT VETERINARY CARE AND PET GROOMING BUSINESS IN CONJUNCTION WITH THE SAME PET STORE. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4047 approving Use Determination 06-002. 2. Adopt Resolution No. 4048 approving Conditional Use Permit 06-022. The Public Hearing opened. Presented the staff report. Asked staff to return to the slide showing the building location; and, asked where the dogs would be walked. Stated that aspect of the proposal has not yet been determined; perhaps the question should be addressed to the applicant. Asked if staff knew how many boarding facilities exist in Tustin. Indicated he did not have current information in that regard. Invited the applicant to the lectern; and, asked him to address the question of where the walking of the animals would take place. Stated the walking area has not been determined; it may be the grassy area in front of the building and also the back parking area; facilities will be included for picking up and disposing of any waste. Questioned what sort of sound-proofing would be installed. Answered that the building is composed of concrete blocks and there are two block walls between the two structures; the ambient noise outside the building will drown out any sounds within; the dropped ceiling in the atrium will prevent noise through the roof. Asked if full veterinary services are planned. Stated this will be an out-patient facility and will include spaying, neutering, teeth cleaning, etc. Asked if the pets would be brought in through the back door or all entries made through the front. Minutes - Planning Commission 1-8-07 - Page 2 -~ Mr. Whiteaker Floyd Mr. Whiteaker 7:14 p.m. Commissioners Adopted Resolution No. 4046 7:17 p.m. Ortlieb Nielsen Ortlieb Puckett Ortlieb Answered that no admission of pets will be made through the back or side doors; the parking lot will be patrolled for cleanliness and several "oops" stations situated in the parking lot area to assist customers in clean up. Asked what the employees will be doing at the facility after hours. Indicated employees would be there in event of emergency and to relieve the pets if necessary. The Public Hearing closed. Stated they welcome and support this use; and, thanked PetSmart for coming to Tustin. It was moved by Puckett, seconded by Nielsen, to adopt Resolution Nos. 4047 and 4048. Motion carried 4-0. 3. SIGN CODE EXCEPTION 06-002 TO REPLACE A MONUMENT SIGN FACE THAT CURRENTLY IDENTIFIES ONE BUSINESS WITH A SIGN FACE IDENTIFYING TWO BUSINESSES. THIS PROJECT IS LOCATED AT 13152 NEWPORT AVENUE IN THE PLANNED COMMUNITY COMMERCIAL (PC COMM) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution 4046 approving Sign Code Exception 06-002. The Public Hearing opened. Presented the staff report. Noted that the temporary Tarbell sign was to be removed when the new sign is refaced or until the temporary sign permit expires; and, asked if that will allow the applicant enough time to accomplish the refacing prior to the expiration. Indicated he was not certain of the expiration date; the applicant may be able to answer that question; typically, a sign reface of this nature is not time consuming. Asked if Tarbell Realty moved out of the Wells Fargo Bank building to this location. Answered that Tarbell has been at the new location a short time; he does not know if the company moved out of the bank building; he would need to defer to the applicant to answer that question. Minutes - Planning Commission 1-8-07 - Page 3 Puckett Floyd Thomas J. Prenovost, on behalf of Tarbell Floyd Mr. Prenovost Nielsen Mr. Prenovost Floyd Mr. Prenovost 7:25 p.m. Commissioners Adopted Resolution No. 4049 Stated he noticed that the Tarbell Realty sign has been removed from the bank building and that was the reason for his question. Invited the applicant to the lectern. Introduced himself and other members of the Tarbell team; thanked Chad for his assistance on this application; indicated the facility moved from the Wells Fargo Bank building to the new location about a month ago; stated that he read and agreed with all the conditions of approval and would answer any other questions the Planning Commission might have. Asked if the applicant felt the time frame for removing the temporary sign would be feasible. Answered in the affirmative. Stated his concern was that the temporary sign might be removed before the refacing of the old sign could be completed. Indicated he did not think there would be a problem. Suggested that this move provides more space for Tarbell. Concurred that there is more office space and more parking; sharing parking with the bank was an ongoing problem. The Public Hearing closed. Stated their support for this sign change. It was moved by Nielsen, seconded by Puckett, to adopt Resolution No. 4046. Motion carried 4-0. 4. DEVELOPMENT AGREEMENT 06-01 RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT 06-01 AND AUTHORIZE ITS EXECUTION. THE PURPOSE OF DEVELOPMENT AGREEMENT 06-01 IS TO GIVE THE DEVELOPER THE ASSURANCE THAT THE CITY WILL NOT REPEAL OR SUBSTANTIVELY AMEND THE PROVISIONS OF THE CITY'S PUBLIC PARKING AREA ORDINANCE RELATED TO DESIGNATION OR DE- DESIGNATION OF CITY-OWNED PROPERTY AS A PUBLIC PARKING AREA IN ANY MANNER THAT MATERIALLY AFFECTS THE PROJECT AND TO GIVE THE CITY THE ASSURANCE THAT THE DEVELOPER SHALL WORK TOWARD AND COMPLETE THE DEVELOPMENT OF THE PROJECT. Minutes - Planning Commission 1-8-07 - Page 4 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4049 recommending that the City Council approve Development Agreement 06-01 and authorize its execution. 7:30 p.m. The Public Hearing opened. Reekstin Presented the staff report and noted that Assistant City Manager Christine Shingleton was also available to answer questions. Floyd Questioned whether the 59 spaces, although public, would be designated for Prospect Village. Reekstin Stated his understanding that it would be public parking for the community in general with 59 spaces designated for the Prospect Village project but which will not be specifically identified. Floyd Suggested that these 59 parking spaces will assist the developer with the lender's parking issues. Director Added that Prospect Village will have a non-exclusive right to use the spaces. Puckett Asked how many total spaces there are. Reekstin Stated the number to be 67. Nielsen Asked if the agreement becomes null and void if the project does not go though. Retterer Stated a part of the reciprocal arrangement between the City and the developer agreed to certain obligations. Nielsen Indicated the language seemed ambiguous to him. Shingleton Noted there are provisions for termination; the commitment that the City is making to the developer lays out a process where the City can at any time, through a noticing process, to surrounding properties designate public parking; at this time the City only intends to designate the Water Yard. Puckett Asked if construction had begun. Shingleton Answered in the negative; staff has been waiting for public works bids on the Prospect alley; insurance certificates are being secured for the bonds, and construction should begin soon. Minutes - Planning Commission 1-8-07 - Page 5 Floyd Director Nielsen Shingleton Floyd Shingleton 7:37 p.m. Commissioners Received and filed Nielsen .lII >II . Asked if there was any way to narrow down a projected start date for this project. Noted she had asked that question and received in writing a response that the developer was awaiting a bond certificate which is supposed to be received on the 9th with grading commencing on the 10th. Asked if the grading was pending approval of the agreement attached to this item. Answered in the negative; this agreement ties into the permanent building construction loan; the public infrastructure will be the first item. Asked is the lender approved the 25-year time frame for future financing of the individual work/live units; as a lender, he knows the normal lending period is 30 years plus five years. Indicated that the work/live units are not involved; only the commercial buildings are being accommodated by the off-site parking; the lender is concerned about the commercial building on Main Street. The Public Hearing closed. Stated their support of staffs recommendation. It was moved by Puckett, seconded by Nielsen, to adopt Resolution No. 4049. Motion carried 4-0. REGULAR BUSINESS 5. 2005 COMMUNITY DEVELOPMENT DEPARTMENT YEAR IN REVIEW. The Community Development Department Activity - Year in Review briefly describes the total number of discretionary projects (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Community Development Department, and Building Division activity. RECOMMENDATION: That the Planning Commission receive and file. Congratulated staff on a great year and commended their hard work on many varied projects. Minutes - Planning Commission 1-8-07 - Page 6 ;r "J,.... ~ ... :0. "" - Director reported Floyd Director Floyd Director Nielsen Reekstin Nielsen Reekstin Nielsen STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE DECEMBER 4, 2006, AND JANUARY 5, 2007, CITY COUNCIL MEETING. The City Council authorized execution of a Consultant Services Agreement with Katz, Okitsu & Associates to perform the Old Town Parking Study. Asked for clarification regarding the need for the parking study. Indicated the focus will be on the Overlay District; the City's current standards are very traditional and do not fit into Old Town's development area; the plan is to intensify development, but not to create a Beach Boulevard appearance. The City Council entered into another Mills Act agreement for a property in Old Town. The Sign Program was presented at the first City Council meeting in January and has been continued for at least 60 days; there were issues associated with various sections of the amendments. Mentioned that the Sign Program will be coming back to the Planning Commission; and, asked if staff plans to hold another meeting with the real estate community in order to come up with some new ideas. Answered that staff plans to meet with the Chamber and representatives of the real estate community to propose some alternatives and also propose other enforcement options for the Planning Commission to consider. COMMISSION CONCERNS Asked for the status of the Zoning Code update. Indicated that a consultant has been working on the update and has submitted an administrative draft; staff will be submitting comments to the consultant soon to resolve the final issues. Asked if there is a timeframe for bringing the document before the Planning Commission. Stated the hope is to have the document ready within the next few months. Asked if the timeframe might be within 90 days. Minutes - Planning Commission 1-8-07 - Page 7 Reekstin Indicated that timeframe may be possible. Floyd Asked the Director about the change in meeting dates for the City Council and Planning Commission. Director Indicated that the City Council will take action at its next meeting to change the meeting dates from Mondays to Tuesdays. Nielsen Wished everyone a Happy New Year. Stated he is looking forward to a new and exciting year in the City. Lee Thanked staff for all their hard work. Puckett Indicated that on December 31St, he and Mayor Pro Tem Amante both attended the 125th anniversary of the Advent Christian Church, the oldest, continuously operating Protestant church in Orange County; the parsonage on the property was built with excess wood from the blimp hangers; Mayor Pro Tem Amante presented a proclamation to the pastor; a friend who has been a member of that church was a long time was celebrating her 94th birthday and was honored at a luncheon after the celebration. Floyd Reminded everyone that the 2nd Annual Mayor's Inaugural Dinner is scheduled for February 1st at Tustin Ranch Golf Course. Added that this is his 32nd year in Tustin; it has been a wonderful city in which to live; this is also a great Planning Commission development staff and group of Commissioners. Noted that 2007 will be his 10111 year in Tustin, the longest he has ever lived in a community. Wished everyone a Happy New Year. Thanked staff for their work and for keeping applicants in Tustin. Indicated he visited The Legacy over the weekend and was amazed by the development that is taking place. Asked if the current stores, such as Costco, Home Depot, Whole Foods, Target will remain at their present locations when The District is complete. Director Answered that staff does not know if Whole Foods is closing; it is staffs understanding that Costco will remain open and wait and see; if both can make it, things remain the same; if not, the present store could become a Costco Furniture or something else may occur thereafter; the facility at the District will be Lowe's, not Home Minutes - Planning Commission 1-8-07 - Page 8 Depot so the outcome is not known; the present Target is on the Irvine side so that outcome is not known at this time. Floyd Stated his understanding that Tustin will have the largest Costeo in Orange County, including gas station bays; kudos to the City for that distinction. 8:00 p.m. ADJOURNMENT The next regular meeting of the Planning Commission will be held January 22, 2007, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. &~4d~~Jf~ Elizabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission 1-8-07 - Page 9