Loading...
HomeMy WebLinkAboutPC Minutes 02-26-07 7:00 p.m. Given Staff present None Approved Adopted revised Resolution No. 4051 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 26, 2007 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Floyd Chair Pro Tem Puckett Commissioner Kozak, Lee, and Nielsen Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Senior Planner Chad Ortlieb, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - FEBRUARY 12, 2007, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARING 2. CONTINUED APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DECISION TO DISALLOW THE USE OF FIBERCEMENT SIDING ON A DETACHED TWO-CAR GARAGE WITH SECOND-STORY GAME ROOM THAT IS CURRENTLY UNDER CONSTRUCTION ON A PROPERTY IMPROVED WITH AN "A"-RATED DWELLING IN THE CULTURAL RESOURCE OVERLAY DISTRICT. THE PROJECT WAS REQUESTED BY THE APPLICANT AND APPROVED WITH REDWOOD SIDING BY ZONING ADMINISTRATOR ACTION 05-007. THIS PROJECT IS LOCATED AT 200 SOUTH A STREET IN THE SINGLE FAMILY RESIDENTIAL (R-1) WITH CULTURAL RESOURCE (CR) OVERLAY DISTRICT ZONING DISTRICT. Minutes - Planning Commission February 26. 2007 - Page 1 7:02 p.m. Ortlieb Nielsen Floyd Ortlieb Ms. Young Ortlieb Ms. Young Floyd Nielsen Ortlieb Bill Hankins, 220 South A Street 7:08 p.m. Retterer Nielsen RECOMMENDATION: Pursuant to the Planning Commission's direction at the February 12, 2007, meeting, staff has included Resolution No. 4051 to reverse the Community Development Director's decision disallowing the use of fibercement siding on a detached garage structure approved by Zoning Administrator Action 05-007. The Public Hearing opened. Presented the staff report. Asked for a closer look at the fibercement sample. Suggested that the only noticeable difference is the lack of beveling on the fibercement. Stated that one of the primary differences is the rounded edge; there is also a gradation on the redwood siding where the wood is a little thinner on one end than the other. Asked if the sample was the second or the first that she provided. Answered that it was the second sample. ,--, I I i Stated she would have preferred the sample with paint on it had been provided. Indicated the sample provided was fine. Asked for clarification whether or not the color scheme was the same. Answered in the affirmative. Commented that his observation of the process and outcome of this appeal was a good learning experience for him; the appellant and staff are to be commended. The Public Hearing closed. Stated that, since two of the Commissioners were absent from the last meeting, it might not be appropriate for them to participate in a decision on this item. Indicated that he had reviewed the minutes and spoken to the applicant and felt well informed as a result. r Minutes - Planning Commission February 26, 2007 - Page 2 Lee Confirmed that he had also read the minutes, spoken with the applicant, and visited the property. Floyd Thanked the City Attorney for raising the question. Nielsen Indicated that he had a discussion with Ms. Young today, drove by the site over the weekend, and had a conversation with a neighbor who was not in favor of the project. Retterer Stated that, if both Commissioners felt properly informed, it would be acceptable for them to participate in the decision. Nielsen Noted that after looking at the material, reading the detailed minutes, and talking to the two individuals, both for an against, his feeling was that the issue came down to where the line should be drawn regarding the Guidelines in the Overlay District; since the garage structure is not the primary structure or on the Historical Survey, it would seem to be a judgment call as to how the standards are applied; this will be an ancillary structure that maintains the spirit of the Overlay District, is setback 67 feet from the street, and 24 feet from the original structure, the difference will not be noticeable and therefore an exception should be allowed. Suggested that it would be a good idea for the Planning Commission to review the Cultural Resources Overlay District, perhaps in a workshop, including the rules and regulations that are in effect for the residential homeowners in that District either by legal obligation or by voluntary participation. Lee Stated he had a telephone conversation with the appellant and also drove by the property; complimented Ms. Young for keeping the property in such good condition; and, added his support for the use of the fibercement which blends well with the original structure. Kozak Indicated that he supports the action; thanked staff for bringing back the alternative resolution; stated the minutes fairly represent the discussion; and, added that the intent of the Guidelines is being met. Agreed that arranging for further study of the Overlay District by the Planning Commission should occur; however, it will be necessary to first understand the rules and regulations of the Overlay District within the context of the Design Guidelines and the City's Zoning Code and also the work plan of the Historical Resources Commission, the Fiscal Year 2007-08 Budget, and the proposed realignment of committees and commissions. With those facts in mind, he would suggest to his fellow Commissioners that the Commission request staff to report back with the topical items that would need to be considered in making a decision regarding an update to provide a better understanding of what would be involved Minutes - Planning Commission February 26, 2007 - Page 3 in the review and also to help prepare the Commissioners for such a decision. Puckett Indicated this result is a good example of staff and government working together to reach a good solution; and, complimented Ms. Young on her persistence, perseverance, and the fine job she did in pursuing this action; this is one of the prettiest homes in Old Town, and this addition being 67 feet back will enhance the area. Floyd Agreed that the appellant has done a fine job on the original structure and that it is one of the nicest homes that Tustin is fortunate to have in Old Town; the Guidelines were created when Commissioner Puckett was on the City Councilor Planning Commission more than ten years ago; at that time such products were not available; the Guidelines need to be revised to determine what will be allowed in the future and how to avoid opening the floodgates for other projects; it is important that Tustin change with the times and consider the use of new products in the Overlay District; a Design Guidelines workshop as soon as possible would be appropriate. It was moved by Puckett, seconded by Lee, to adopt Resolution No. 4051. Motion carried 5-0. Director Noted that this approval is an appealable item; the appeal period ends one week from today unless a member of the City Council appeals the item; in that event, the appeal period would end a week after the Council's March 6th meeting. None REGULAR BUSINESS STAFF CONCERNS REPORT OF ACTIONS TAKEN AT THE FEBRUARY 20, 2007, CITY COUNCIL MEETING. Director Stated the Assistant Director would comment regarding Hangar 29. Indicated that the City Council asked staff to look at possible opportunities for minimizing impacts on the City's resources specifically relating to City Boards, Commissions, and Committees. City staff researched the issue and made a recommendation to the City Council regarding the Parks & Recreation Commission, the Planning Commission, Historic Resource Commission, and the Tustin Community Foundation. Staff recommended that the Parks & Recreation Commission would serve as a liaison with oversight and/or coordination with various groups within the community, such as the Senior Advisory Board, the Youth & Adult Sports Facilities Association, Tustin Pride, the Minutes - Planning Commission February 26. 2007 - Page 4 Tustin Community Foundation, and Special Events Committees. The Commission would also be renamed the Community Services Commission. The Planning Commission would accept the responsibilities of the Historic Resource Committee. The Tustin Community Foundation would accept the responsibilities of the Community Development In-House Citizens' Participation Committee. The Tustin Community Foundation would make a recommendation related to the Public Service Category Projects for the Community Development Block Grant (CDBG) dollars which are allocated by the City to various community groups. The Historic Resource Committee has a work program that is examined annually, which the Planning Commission may now be doing. The Planning Commission may want to look at what the work program would be. The City Council recommended the initiation of an ordinance and proceedings that would include the Planning Commission, the City Council, or the Director; there is a process that has to be gone through; public hearings would be held allowing individuals to speak before the Commission and appropriate recommendations made; the City Council requested that the Planning Commission initiate an ordinance that would consolidate that function; staff will be bringing that ordinance to the Commission in March. Nielsen Asked if the ordinance will include a recommendation to the Council. Director Answered in the affirmative; and, added that an ordinance is required because these changes are part of the Zoning Code and an amendment will be required; if it were only in the Tustin City Code it would not necessarily come before the Planning Commission. Nielsen Suggested this seems a conflict of interest and might be better handled at the City Council level. Director Responded that this is a procedural issue required by law and must come to the Planning Commission first. Assistant Director Stated the former MCAS-Tustin was closed in 1999; because it was a Navy disposal of property action and a community reuse planning effort, the environmental document that was prepared included a National Environmental Policy Act (NEPA) and a California Environment Quality Act (CEQA); that the EIS/EIR identified a worst case scenario which included the potential that the hangars could not be saved; there are two National Registered blimp Minutes - Planning Commission February 26, 2007 - Page 5 hangars at the Base; the environmental documents considered the possibility that those hangars could not be saved; the Navy was obligated as part of that effort to identify potential mitigation for the loss of those hangars; the Navy had to negotiate with the State Historic Preservation Office (SHPO) and the Advisory Council on Historic Preservation, which is the Federal equivalent to the SHPO; negotiations also included the County of Orange because the northerly hangar is promised to the County as part of an urban regional park; the City of Tustin participated as the potential owner of the southerly hangar; the outcome of those negotiations was an agreement that laid out the strategy to market both hangars; the County was to market the northerly hangar and the City the southerly hangar. . At the last City Council meeting, a staff report was brought to the Council that reported the marketing effort for the southerly hangar. Four expressions of interest were submitted to the City. Following the guidelines that were included in the Navy's agreement with SHPO and the Advisory Council, the marketing effort was intended to identify whether or not the firms that submitted proposals had the financial resources to rehabilitate the hangar and place a business in the hangar that would be a viable reuse. The businesses had to be able to pay for infrastructure, pay for seismic retrofitting, pay for fire code upgrades, building code upgrades, etc. It has been reported that the Navy's own analysis of the hangar required improvements that ranged between $13 and $26 million just to bring it up to code. The conclusion reached in the City Council staff report found that none of the four proposals was economically viable, and a recommendation was brought to the City Council to reject all four; the Council concurred with staffs recommendation; the Council also authorized the City Manager to enter into an agreement with the Tustin Legacy Partners to lease the hangar and also to begin the effort needed to comply with the Memorandum of Agreement concerning the mitigation that must accomplished. Even though the Council rejected the four proposals, the Council also indicated the desire that at least one of the hangars would be preserved and every effort made to preserve one hangar if possible; the County of Orange has moved forward with one of the proposals that was made to the County for the northerly hangar and is in negotiation on a potential economically viable reuse; nothing will happen immediately to the southerly hangar; it is still undergoing remediation by the Navy and still owned by the Navy; the City is leasing the hangar from the Navy, and it will probably ,- take five years of remediation before the property can be conveyed by deed to the City and subsequently to the Tustin Legacy Community Partners. Minutes - Planning Commission February 26, 2007 - Page 6 Nielsen continued Lee Kozak Puckett Offered his prayers and condolences go to the Egan family and suggested that the meeting be adjourned in Mr. Egan's memory. Added his apologies for missing the last Planning Commission meeting. Stated that the rapid changes in technology and the ability to hide cell towers in ways that make them almost impossible to notice would suggest that making a suggestion to allow for revisions to the Residential Design Guidelines to allow for new products and innovative designs may be the wave of the future. Expressed his condolences to the Egan family and agreed that the meeting should be adjourned in Mr. Egan's memory. Thanked staff for this evening's presentations. Indicated his thanks and appreciation to Ms. Young for the work she has done to maintain the historic structure, beautify the property, and work to build the new structure in keeping with the spirit and appearance of the Overlay District. Thanked staff for working through the issue with the applicant and the Commission. Stated he looks forward to the proposed workshop regarding possible revisions to the Design Guidelines. Thanked staff for their reports on Council actions. Noted that he, too, was happy to see Chipotle open, particularly due to the improvement that has been brought to that corner. Offered his sympathies to the Egan family for their terrible loss. Noted that he is looking forward to moving the Planning Commission meetings to Tuesday. Indicated that he also attended the ribbon-cutting at Roderick's; when he moved to Tustin in 1975, that was a Chuck's Steakhouse; this is a very nice restaurant on Red Hill just south of the 1-5 freeway in the Stater Bros. shopping center; the executive chef is from PJ's Abbey. Stated that he was one of the founding members of the Tustin Community Foundation in 1994 which floundered until an Executive Director could be found; that Director left and things have not been going as well; however, once a new Executive Director is found, perhaps within the next month, things will be on track; there is Board with about 15 new members and community leaders Minutes - Planning Commission February 26, 2007 - Page 8 committed to getting the Foundation back to making a difference in Tustin. Asked if there would be any way to organize a tour of one of the hangars. Assistant Director Answered that the chances are not good, but he could perhaps put Commissioner Puckett in touch with the right people. Puckett Indicated he would like to go. Assistant Director Suggested that Commissioner Puckett give him a call. Floyd Reminded everyone that the Chipotle ribbon-cutting takes place tomorrow at 5:00 p.m. Agreed that, per Commissioner Lee's remarks, progress requires change and the City needs to keep up. Shared in the other Commissioners' condolences to the Egan family; the Tustin Police Department is one of the finest in the County but also in the State; as a police volunteer, he knew it would be only a matter of time before the perpetrator would be caught; the Tustin Police Department deserves our congratulations. Asked for a motion to adjourn in Mr. Egan's memory. 7:47 p.m. ADJOURNMENT In Memory of Tom Egan The next regular meeting of the Planning Commission will be held Tuesday, March 13, 2007, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ~ Brett Floyd Chairperson ~~fLA-;;~~?~) Elizabeth A. Binsack Planning Commission Secretary f- : , ' Minutes - Planning Commission February 26. 2007 - Page 9