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Home My WebLink About00 PC Agenda 3-13-07 AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 13, 2007 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Commissioner Puckett ROLL CALL: Commissioners Floyd, Kozak, Lee, Nielsen, Puckett PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken on off-agenda items unless authorized by law). If you wish to address the Commission on any matter, please fill out one of the forms located at the speaker's table so that your remarks on the tape recording of the meeting can be attributed to you. When you start to address the Commission, please state your full name and address for the record. Mt In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (714) 573-3025. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Commission, staff, or public request specific items to be discussed and/or removed from the Consent Calendar for separate action. 1. APPROVAL OF MINUTES - FEBRUARY 26, 2007, PLANNING COMMISSION MEETING. 2. 2007 GENERAL PLAN ANNUAL REPORT California State Law requires each city to adopt a comprehensive, long-term general plan for its physical development and any land outside its boundaries which bears a relationship to its planning activities. Section 65400(b) of the Government Code Agenda - Planning Commission March 13. 2007 - Page 1 requires that the City's planning agency provide an annual report to the City Council on the status of the General Plan and progress in its implementation. RECOMMENDATION: That the Planning Commission review and authorize staff to forward the Annual Report on the Status of the Tustin General Plan to the City Council for consideration. PUBLIC HEARINGS: 3. CONTINUED APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DECISION THAT THE PROPOSED USE AT 15201 WOODLAWN AVENUE FOR SOLID WASTE AND RECYCLING SERVICES, INCLUDING THE GARAGING AND MAINTENANCE OF REFUSE COLLECTION VEHICLES, IS NOT A PERMITTED USE PURSUANT TO THE PACIFIC CENTER EAST SPECIFIC PLAN. APPELLANT: DON SHUBIN FEDERAL DISPOSAL SERVICE PROPERTY OWNER: DAN MC KINNEY COMPANY RECOMMENDATION: That the Planning Commission continue the public hearing to the March 27, 2007, Planning Commission meeting. 4. TENTATIVE TRACT MAP 17080 AND DESIGN REVIEW 06-011 AS FOLLOWS: 1) TENTATIVE TRACT MAP 17080 TO MERGE TWO EXISTING PARCELS DEVELOPED WITH 57 APARTMENT UNITS INTO ONE 4-ACRE PARCEL FOR THE PURPOSE OF SUBDIVIDING AND DEVELOPING A 75-UNIT RESIDENTIAL CONDOMINIUM PROJECT, AND 2) DESIGN REVIEW 06-011 FOR APPROVAL OF BUILDING ARCHITECTURE AND SITE DESIGN AND AMENITIES OF THE CONDOMINIUM PROJECT. THIS PROJECT IS LOCATED AT 14421-14471 RED HILL AVENUE IN THE MULTIPLE-FAMILY RESIDENTIAL (R-3) ZONING DISTRICT. APPLICANT: KAREN SULLY THE SULLY GROUP INC. PROPERTY OWNER: SUNCAL-RED HILL LLC ATTN: JIM MAGSTADT Agenda - Planning Commission March 13,2007 - Page 2 RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4053 adopting the Mitigated Negative Declaration (MND) as adequate for Tentative Tract Map 17080 and Design Review 06-011 for development of the proposed 75-unit residential condominium project. 2. Adopt Resolution No. 4054 approving Design Review 06-011 for architectural/site design and amenities of the proposed condominium project. 3. Adopt Resolution No. 4055 recommending that the City Council adopt the MND for Tentative Tract Map 17080 and Design Review 06-011 and approve Tentative Tract Map 17080 to merge two existing parcels into a 4-acre (net area) site for the purpose of subdividing and developing 75 residential condominium units. Presentation: Minoo Ashabi, Associate Planner 5. CODE AMENDMENT 06-005 (SIGN REGULATIONS) AMENDMENTS TO THE CITY'S SIGN REGULATIONS CONTAINED IN CHAPTER 4 OF ARTICLE 9 OF THE TUSTIN CITY CODE. THE PROPOSED AMENDMENTS PERTAIN PRIMARILY TO THE REGULATION OF TEMPORARY SIGNS IN THE PUBLIC RIGHT OF WAY, INCLUDING REAL ESTATE OPEN HOUSE SIGNS, POLITICAL SIGNS, AND HUMAN SIGNS. LESS SIGNIFICANT CHANGES INCLUDE: A REVISED DEFINITIONS SECTION, A REVISED HEARINGS AND APPEALS SECTION, LARGER PERMITTED BANNER SIGNS FOR SOME FREEWAY-FACING BUILDINGS; AND THE ADDITION OF A PERMITTED SIGN TYPE - TEMPORARY SIGNS FOR NONPROFIT ORGANIZATIONS. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4056 recommending that the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations" of Article 9 of the Tustin City Code. Presentation: Scott Reekstin, Senior Planner 6. CODE AMENDMENT 07-001 (PLANNING COMMISSION/HISTORIC RESOURCE COMMITTEE CONSOLIDATION) AMENDMENT TO TUSTIN CITY CODE SECTION 9252 SUBSECTION C RELATED TO ASSIGNING CULTURAL AND HISTORIC RESOURCES RESPONSIBILITIES TO THE PLANNING COMMISSION. THE PLANNING COMMISSION AND CITY COUNCIL MAY MODIFY THE CODE AMENDMENTS AS A RESULT OF THE PUBLIC HEARINGS. THE PROPOSED CODE AMENDMENTS ARE NOT "PROJECTS" PURSUANT TO THE PROVISIONS OF Agenda - Planning Commission March 13, 2007 - Page 3 THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ARE EXEMPT FROM FURTHER ENVIRONMENTAL ANALYSIS. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4057 recommending that the City Council adopt Code Amendment No. 07-001 amending Section 9252 Subsection C of the Tustin City Code related to assigning cultural and historic resources responsibilities to the Planning Commission. Presentation: Elizabeth A. Binsack, Community Development Director REGULAR BUSINESS: STAFF CONCERNS: 7. REPORT OF ACTIONS TAKEN AT MARCH 6, 2007, CITY COUNCIL MEETING. Presentation: Elizabeth A Binsack, Community Development Director COMMISSION CONCERNS: ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 27, 2007, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Agenda - Planning Commission March 13,2007 - Page 4 ITEM #3 v`IV °� Report to the `sc` Planning Commission DATE: MARCH 13, 2007 SUBJECT: APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR DECISION REGARDING PROPOSED USE AT 15201 WOODLAWN AVENUE PROPERTY OWNER: DAN MC KINNEY COMPANY 15201 WOODLAWN AVENUE TUSTIN, CA 92780 APPELLANT: DON SHUBIN FEDERAL DISPOSAL SERVICE P.O. BOX 14730 IRVINE, CA 92623 -4730 LOCATION: 15201 WOODLAWN AVENUE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL /BUSINESS ZONING: PLANNED COMMUNITY (PACIFIC CENTER EAST SPECIFIC PLAN - TECHNOLOGY CENTER DESIGNATION) ENVIRONMENTAL STATUS: IF THE DECISION IS UPHELD, THE ACTION IS STATUTORILY EXEMPT PURSUANT TO SECTION 15270 REQUEST: AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DECISION ON DECEMBER 20, 2006, THAT THE PROPOSED USE OF THE PROPERTY AT 15201 WOODLAWN AVENUE FOR SOLID WASTE AND RECYCLING SERVICES, INCLUDING THE GARAGING AND MAINTENANCE OF REFUSE COLLECTION VEHICLES, IS NOT A PERMITTED USE PURSUANT TO THE PACIFIC CENTER EAST SPECIFIC PLAN. Planning Commission Report Appeal of Community Development Director Decision March 13, 2007 Page 2 RECOMMENDATION That the Planning Commission continue the public hearing until the March 27, 2007, Planning Commission meeting. BACKGROUND The appellant has requested a continuance of the public hearing on this matter (Attachment A). Scott Reekstin Senior Planner Elizabeth A. Binsack Community Development Director Attachment: Correspondence dated March 5, 2007 S. \CddTCREPORT2007\Appeal (Federal Disposal) Continuance 2.doc MAR -6 -2007 09:03 FROM:DON SHUBIN TO:5733113 P.2 Corporate Office: 15031 Parkway Loop, Suite A • Tustin, CA 92780 Melling Address: PO Box 14730. Irvine, CA 92823-0730 Telephone: 714 259-0534 • Fax 714 259-0975 March 5, 2007 Ms. Elizabeth Binsack Director of Community Services City of Tustin 300 Centennial Way Tustin, California 92780 Subject: Appeal of Business License Application 15201 Woodlawn, Tustin California Dear Ms. Binsack , Thank you for considering our business license request at the Woodlawn address. This letter is provided to request to have the aforementioned appeal deferred for some time until we have a response regarding our alternative business license request at the same address. Thank you again. I look forward to your reply. W Shus, bm President C: Scott Reekstin, Senior Planner LAW OFFICES OF ALVIN G. GREENWALD & RANDY GREENWALD A PROFESSIONAL CORPORATION BOZO WILSHIRE BOULEVARD, SUITE 500 LOS ANGELES, CALIFORNIA 90036 ALVIN G. GREENWALD RANDY GREENWALD February 28, 2007 Scott Reekstin, Senior Planner City of Tustin 300 Centennial Way Tustin, California 92780 Re: Property Located at 15201 Woodlawn Avenue Support of 12/20/06 Determination Denying Proposed Use; and Opposition to Appeal - Date of Hearing: March 13, 2007 Dear Mr. Reekstin: TELEPHONE 13231 954 -1315 FAX 13231 954 -1339 01 Please be advised that this office represents L'Garde, Inc. (Tenant/ Lessee /Occupant) and Woodlawn Properties (Landlord/Lessor /Owner) of the property located at 15181 Woodlawn Avenue, Tustin, California, the immediate neighbor of the property located at 15201 Woodlawn Avenue. Our client opposes the proposed use of 15201 Woodlawn Avenue property neighboring facilities for reasons which include the following: The proposed use, refuse collection, will create smoke, odor, vibration, dust and/or noxious gases which will interfere with pre- existing technology business operations and which is inconsistent with and not permitted in Planning Area 15 of the Pacific Center East Specific Plan where the subject property is located. The L'Garde facility manufactures missile and space hardware, requiring a class 100,000 clean area, and both temperature and humidity control in its high -bay area. This is obtained using special equipment that, however, does not remove other pollutants in the air. The L'Garde facility has been called a "national asset" by its government customers, with visits from the Director of the NASA/JPL, DARPA, and other Army and USAF agencies. The L'Garde facility has been toured by Representatives Chris Cox, Dana Rohrabacher, , and John Campbell. High ranking officials from Boeing, Northrop- Gumman, Lockheed -Martin and other aerospace companies have visited to assure themselves of the ability of L'Garde to provide uncontaminated, high - quality hardware for their projects. During its 20 years in Tustin, L'Garde has developed a reputation at this facility for quality and special expertise that has resulted in contracts from each of these large aerospace companies in the last year. L'Garde exploits have often been written up in the Orange County Register, with two recent full page reports on its Inflatable Antenna Experiment and Solar Sail Spacecraft. Such articles identify L'Garde as "L'Garde of Tustin" and many of its customers now know that "Tustin" and "high LAW OFFICES OF ALVIN G. GREENWALD & RANDY GREENWALD A PROFE55IONAL CORPORATION Scott Reekstin, Senior Planner City of Tustin Page 2 of 2 February 28, 2007 technology" go together. See attached pamphlet. Additionally, the proposed use of 15201 Woodlawn property may result in the following: Actual degradation of L'Garde's missile and space products, due to uncontrollable contamination. 2. A significant appearance of such degradation, raised by refuse -truck traffic, noise, vibration, dust, and the obvious use of the 15201 Woodlawn property. The first may actually interfere with L'Garde's ability to continue the high - technology work at its location, and the second may significantly damage the goodwill built up through 20 years of its effort in Tustin. Together, these consequences may adversely and severely impact the value, both of L'Garde, Inc. and its use of the 15181 Woodlawn Avenue property. For reasons such as these, such uses have not been permitted within Planning District 15. L'Garde, Inc. and Woodlawn Properties protest the proposed use of the 15201 Woodlawn property for refuse handling, no matter how it is labeled. My clients urge Federal Disposal Service to look elsewhere. Very truly yours, Alvin G. Greenwald & Randy Greenwald A Professional Corporation Q601.,It —7 Alvin G. Greenwald AGG /ng cc: L'Garde, Inc. Woodlawn Properties Elizabeth A. Binsack, Community Development Director, City of Tustin Planning Commission, City of Tustin Pamela Stoker, City Clerk, City of Tustin