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HomeMy WebLinkAbout01 PC Minutes 12-11-07ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 11, 2007 7:03 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Nielsen, Chair Pro Tem Puckett Commissioners Kozak, Murray, Thompson Staff present Elizabeth Binsack, Community Development Director David Kendig, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Dana Kasdan, Engineering Services Manager Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Justina Willkom, Senior Planner Alice Tieu, Associate Planner Reina Kapadia, Assistant Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 5-0 1. APPROVAL OF MINUTES - NOVEMBER 13, 2007, PLANNING COMMISSION MEETING. Approved 4-0 2. APPROVAL OF CERTIFICATE OF APPROPRIATENESS Thompson REPORT REGARDING OLD TOWN PROJECTS abstained APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT FROM AUGUST 28, 2007, TO DECEMBER 11, 2007. It was moved by Murray, seconded by Kozak, to approve Items No. 1 and 2. Motion carried 4-0. Thompson abstained on Item No. 2. Pulled for discussion 3. HISTORIC REGISTER AND COMMENDED PROPERTY Approved 5-0 PROGRAMS The procedure was modified by the City Council on November 6, 2007, to allow the Tustin Preservation Conservancy, Tustin Area Historical Society, or others to submit the nominations. Minutes -Planning Commission 12-11-07 -Page 1 Puckett Asked if it was Council's desire that the Conservancy and the Historical Society present nominations directly to the Council or to proceed through the Planning Commission. Director Indicated that the recommendations will still come through the Planning Commission; the Council's desire was that other people be allowed to recommend properties for nomination. Murray Asked for clarification regarding the reference to an alternating basis and whether or not this would take place three times a year. Director Noted the intention would be four nominations per year with each group nominating twice. Murray Asked if there would be any particular evaluation criteria of which the Commission should be aware with reference to Item No. 4. Director Indicated that the overall condition of the property, what the Mills Act criteria would be, property maintenance, etc. are the areas with which staff has traditionally been concerned. Nielsen Added that the Planning Commission would also discuss the material presented. It was moved by Puckett, seconded by Kozak, to approve Item No. 3. Motion carried 5-0. PUBLIC HEARINGS: Adopted Resolution 4. ZONE CHANGE 07-003 TO CHANGE THE ZONING No. 4078 DESIGNATION FROM PLANNED COMMUNITY INDUSTRIAL (PC-IND) TO PLANNED COMMUNITY INDUSTRIAL/BUSINESS (PC-IND/BUS) ZONING DISTRICT. THIS PROJECT IS LOCATED AT 15771 RED HILL AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4078 recommending that the City Council approve Zone Change 07-003. 7:10 p.m. The Public Hearing opened. Tieu Presented the staff report. Minutes -Planning Commission 12-11-07 -Page 2 Nielsen Asked if there were any questions for staff. Thompson Asked for clarification regarding the borders of the Irvine Industrial planned community mentioned in the report. Tieu Pointed out on the slide that the borders were Valencia Avenue, Red Hill Avenue, Warner Avenue, up to Bell Avenue. Thompson Questioned whether the area is larger than shown or had any historical boundary that went further. Tieu Answered in the negative. Nielsen Invited the applicant to the lectern. Jon Marchiorlatti, Stated that the developer has 36 offices throughout the representing United States and looks forward to adding an office in Tustin Pannattoni at this location; this building lends itself well to the type of Development product planned; over the next few years in Orange County projects will be repositioned just like this; it bodes well for the applicant as well as Tustin to have area in a building for Pannattoni to show clientele how the product can work with cities to redevelop and rehabilitate areas such as this. 7:16 p.m. The Public Hearing closed. Commissioners It was the consensus of the Planning Commission that this is an excellent project for this site. It was moved by Puckett, seconded by Murray, to adopt Resolution No. 4078. Motion carried 5-0. Continued to 5. CONDITIONAL USE PERMIT 07-020 A REQUEST TO January 8, 2008, ESTABLISH A DENTAL OFFICE WITHIN AN EXISTING Planning BUILDING FRONTING ONTO EL CAMINO REAL. THIS Commission PROJECT IS LOCATED AT 740 EL CAMINO REAL tN THE meeting CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING DISTRICT (P) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4079 denying Conditional Use Permit CUP 07-020. Nielsen Indicated that it was staffs request to continue this item to the first Planning Commission in January; and, asked the Director to provide further comments. Minutes -Planning Commission 12-11-07 -Page 3 Director Indicated that various correspondence was received that requires more staff time to allow for appropriate responses to be prepared; a public records request was also received that will take some time to fill. Suggested that Chair Nielsen open the public hearing to receive testimony that people may wish to provide this evening and that the hearing be continued to January 8, 2008. 7:22 p.m. The Public Hearing opened. Ashok Mehta, DDS, Stated that he is a dentist with a practice in Tustin Plaza applicant which he intends to move to a larger location; he was initially told there was no problem with opening a dental office at 740 EI Camino Real; later he was told that it would not be an appropriate use; he would not have started the process if that information has been provided at the beginning; he believes this would be a better use than what is presently operating in that location. Jigar Shah, Real Indicated he represents buyers for these types of Estate Broker transactions; this property has been on the market since 2005; it has been hard for sellers to interest retailers in making an offer due to the square footage, ingress and egress of the property, and the way it is situated; the real estate market is not favorable for sellers; a dental use would make a perfect fit and would be beneficial to the retailers in the vicinity. Steve Kalthoff, Read various portions of the City Code sections that would Crane Architectural allow this building to be used as a dental office and also be Group beneficial to the neighborhood. Puckett Asked the applicant about other dental office locations. Dr. Mehta Stated he has four other locations. Puckett Asked if this location would be Dr. Mehta's primary practice site. Dr. Mehta Answered that he works part-time in the Tustin office and would continue to do so. Elizabeth Marlyn, Stated that the applicant will provide further information to McCormick, Kidman the City staff and work with staff so that by January 8, 2008, & Behrens, LLP a vote for approval may be possible. Minutes -Planning Commission 12-11-07 -Page 4 7:30 p.m. The Public Hearing closed. Kozak Asked staff if, given the Christmas holidays, the suggested timeframe would allow enough time for staff to address the matter, including the legal documents received this evening and be able to present at the first meeting in January. Director Responded in the affirmative, adding that staff expects to be able to respond to the public records request within the appropriate timeframe. It was moved by Puckett, seconded by Thompson, to continue the item to January 8, 2008. Motion carried 5-0. Adopted Resolution 6. GENERAL PLAN AMENDMENT 07-002 FOR Nos. 4076 and 4077 REORGANIZATION 07-01 (PACIFIC CENTER EAST) TO ESTABLISH THE GENERAL PLAN DESIGNATION OF "PLANNED COMMUNITY COMMERCIAL/BUSINESS" FOR THE ANNEXATION OF APPROXIMATELY 1.243 ACRES IDENTIFIED AS REORGANIZATION RO 07-01. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4076 recommending that the City council find that General Plan Amendment 07-002 and Reorganization 07-01 are within the scope of the adopt FEIR, as revised by Supplement #1, fore the project entitled "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening." 2. Adopt Resolution No. 4077 recommending that the City Council approve General Plan Amendment 07-002 for Reorganization 07-01. Thompson Asked if the proposed property was within the original boundary of the Specific Plan. Reekstin Answered in the affirmative. Thompson Asked for further explanation of how evaluations are made regarding these types of reorganizations. Reekstin Explained that, when the Supplement was prepared in 2003, there was some re-evaluation such as a traffic study; at that point, the project description included the fact that a boundary reorganization would be part of the project; there have been no significant changes Minutes -Planning Commission 12-11-07 -Page 5 to the development proposed, so no new environmental impacts would need to be presented as part of this project. Director Added that there is no specific rule regarding the length of time between reviews; when there are changed conditions or when it may be warranted becomes known through the preparation of an Initial Study that tells staff what would warrant further environmental evaluation; virtually every project at the Legacy is consistent with the EIS/EIR that was prepared; an Initial Study ensures that there are no changed conditions regarding what was originally envisioned. Thompson Asked how Santa Ana zones the parcel. Reekstin Replied that the area is Caltrans property and public right-of--way with no Santa Ana zoning designation; it is wrapped in with the 55 freeway corridor. 7:44 p.m. The Public Hearing closed. It was moved by Thompson, seconded by Murray to adopt Resolution Nos. 4076 and 4077. Motion carried 5-0. None REGULAR BUSINESS STAFF CONCERNS: 7. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 20, AND DECEMBER 4, 2007, CITY COUNCIL MEETINGS. Director reported The City Council held the second reading of Ordinance No. 1344 related to the construction codes; staff would like to schedule a 6:00 p.m. workshop before the first meeting in January regarding the new codes and also the Brown Act. Commissioners Agreed that would be acceptable. Director continued The City Council approved the zone change related to the American Senior Living project; the second reading will take place at the Council's first meeting in January. The City Council heard the Tentative Map related to Tustin Legacy Community Partners, Neighborhood E, which will be moving forward; the Design Review within that area is also developing nicely. While Alice Tieu gave a presentation this evening, the Planning Commissioners had not been formally introduced to her; Alice Minutes -Planning Commission 12-11-07 -Page 6 came to Tustin from the City of Brea, has a degree from UC Irvine, and is in the process of working on her Master's in Urban and Regional Planning at Cal Poly Pomona. Happy Holidays on behalf of the Community Development Department. COMMISSION CONCERNS Thompson Stated he attended the Building Industry show in Long Beach; the classes were quite informative: Affordable Housing presented by the City of Los Angeles; Sustainable Development by northern California communities; and an overall prospectus on the housing market. Indicated he attended the Grand Opening for Play & Trade; kudos to the Tustin Chamber of Commerce for reaching out to small businesses such as Play & Trade; there was a great turnout. Also attended the Grand Opening of CR&R's recycling facility in south Orange County; it was very interesting to see where things are going in that industry. Congratulated the new Mayor, Jerry Amante, and Mayor Pro Tem Doug Davert; kudos to outgoing Mayor Lou Bone, a man of tremendous energy and commitment to Tustin. Noted the tip-off of the holidays at the Thompson home was being visited by "Santa" Puckett; it is always a pleasure to see the Tustin Santa Sleigh with all the volunteers. Wished everyone a wonderful .Christmas, Hanukkah, and New Year. Kozak Added his congratulations and thanks to outgoing Mayor Bone, incoming Mayor Amante, and Mayor Pro Tem Davert. Thanked staff for all the work done during 2007, including the Planning staff, City Council, Code Enforcement staff, etc.; he looks forward to another great year in 2008. Welcomed Ms. Tieu to the City staff. Offered Christmas, Hanukkah, and New Year wishes to everyone and asked that everyone keep in mind during this holiday season the forces in combat zones around the world and ask that they be kept safe and come home safely to their loved ones. Minutes -Planning Commission 12-11-07 -Page 7 Murray Offered belated condolences to the City Manager in the loss of his mother. Noted the Prayer Breakfast was outstanding; Commissioner Puckett was in outstanding form and made everyone proud. Thanked staff for indulging him, as a new Commissioner, in his many questions and comments; it has been a learning environment and staffs help was much appreciated. Stated he would be looking forward to Santa Claus and his sleigh; and, added that he will be riding on the sleigh on his birthday, the 19th. Noted that The District seems to be doing very well and offered his compliments to everyone who was on the Commission when the projects were beginning; however, he continues to hear concerns about the traffic flow and hopes that staff can alleviate the ingress/egress difficulties. Offered congratulations to Mayor Amante and Mayor Pro Tem Davert and agreed that outgoing Mayor Bone is a bundle of energy. Fight on, USC, and good luck at the Rose Bowl. Puckett Agreed with the other Commissioners that Mayor Bone had a tremendous second year as Mayor. Congratulated Mayor Amante and Mayor Pro Tem Davert. Thanked staff and his fellow Commissioners for a great year. Noted that the Santa Sleigh will continue through next week, wished everyone a very Merry Christmas and Happy New Year, and stated he looks forward to 2008. Nielsen Added his thanks to staff for their hard work. Congratulated Mayor Amante and Mayor Pro Tem Davert. Noted that outgoing Mayor Bone epitomizes a community leader; people may not be aware of his work behind the scenes, hours and hours on committees, speaking to people trying to do the public's work, etc.; Mayor Bone is a fine public servant and Tustin residents are very lucky to have him in the City. Minutes -Planning Commission 12-11-07 -Page 8 Nielsen continued Stated the Metrolink Holiday Express is coming to town on Sunday, December 16; refreshments will begin about 5:15 p.m. at the Tustin train station; this should be fun for all. Indicated that he attended the Mayor's Thanksgiving Prayer Breakfast; Mr. Devore was an excellent speaker who had done interesting research on the historical aspects of Thanksgiving which was entertaining and informative. Stated he also attended the Play & Trade opening and brought his teenagers to scan the shelves for their favorite video games. Asked staff for information regarding the sign indicating that the Drug Emporium will be closing. Director Responded that notification has been received that they are closing country-wide. Nielsen Requested information regarding smoke shops and other tobacco retail outlets and whether or not such use would require a conditional use permit or be considered standard retail. Director Answered that such shops are standard retail. Nielsen Indicated that a shop just opened across from Tustin High School, which does not seem a good location. Director Replied that staff can look into the situation. Nielsen Requested tentative dates for a tour of The District by the next Planning Commission meeting. Asked if the new zone changes have been completed. Director Answered that staff has a draft zoning code, but the City Council has a contract with ULI; staff is waiting to see what impact that may have. Nielsen Wished everyone Merry Christmas, Happy Hannukkah, and urged people not to drink and drive. 8:02 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, January 8, 2008, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission 12-11-07 -Page 9