HomeMy WebLinkAbout05 2007 Certified Local Govt ReportITEM #5
~Y o~~
DATE: JANUARY 8, 2008 ~ ~ t e ~ - ~ p CTl ~\S'C~~
PLANNING COMMISSION
TO:
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: 2007 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
RECOMMENDATION
That the Planning Commission receive and file this report.
BACKGROUND AND DISCUSSION
Attached for the Planning Commission's information is a copy of the City of Tustin Certified
Local Government (CLG) Annual Report for the reporting period between October 1, 2006,
and September 30, 2007. The Annual Report summarizes the City's historic preservation
efforts and describes how the City met all of the minimum requirements of the Certified
Local Government program during the 2006/2007 reporting period. The Annual Report
was transmitted to the State Office of Historic Preservation on December 21, 2007, in
compliance with the filing deadline of December 31, 2007.
No action by the Planning Commission is necessary at this time. Staff will be available
at the January 8, 2008, Planning Commission meeting to answer any questions you
may have regarding the Annual Report.
~ _
~~,~-~
Scott Reekstin
Senior Planner
Attachment - 2007 Certified Local Government Annual Report
S:\Cdd\PCREPORT\2008\CLG 2007 Annual Report.doc
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II B. Commission Membership
Narrative on Professional Qualifications:
All five members of the Tustin Planning Commission have (and all five members
of the Tustin Historic Resource Committee had) a demonstrated interest,
competence, or knowledge in historic preservation. Currently all five Planning
Commissioners are lay members in historic preservation.
In the past, when appointments expired or resignations occurred and new
applications were accepted for the vacancies on the Tustin Historic Resource
Committee, City staff took the following steps to meet the professional
qualifications requirement:
All notices advertising vacancies stated the desired professional
qualifications for all candidates.
2. Personal letters and applications were mailed directly to local architects
and other historic preservation professionals.
3. Staff reports to the City Council stressed the importance of appointing
candidates with the desired professional qualifications.
Thus, former Tustin Historic Resource Committee members were appointed from
among the desired professions to the extent that such professionals were
available in the community and willing to serve on the Committee.
On May 1, 2007, the Tustin City Council adopted Ordinance 1332. The
ordinance reassigned the City's cultural and historic resource duties and
responsibilities from the former Historic Resource Committee to the Planning
Commission and was part of a larger City effort to consolidate and realign various
commission and committee responsibilities as a way to minimize impacts on City
resources.
The Tustin City Council takes professional expertise in the areas of architecture,
architectural history, etc. into consideration when appointing members of the
Planning Commission.
Scott\historic\professional qualifications narrative December 2007.doc
ORDINANCE NO. 1332
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTION 9252 C AND ASSOCIATED
SECTIONS OF THE TUSTIN CITY CODE RELATED TO
ASSIGNING CULTURAL AND HISTORIC RESOURCES
RESPONSIBILITIES TO THE PLANNING COMMISSION
The City Council of the City of Tustin, California, finds and ordains as follows:
Section 1.
A. That on January 15 and February 20, 2007, the City Council, after
consideration of matters related to consolidation and realignment of
commission/committee responsibilities and ways to minimize impacts on
City resources related to City Boards, Commissions, and Committees,
initiated and referred draft Ordinance No. 1332 to the Planning Commission
for consideration;
B. That State law does not mandate that cities have a Cultural Resources
District or a Historic Resource Committee and that the City Council does
have the discretion to assign the duties of the Committee to the Planning
Commission;
C. That the Council has more flexibility in filling the vacant positions (of the
Planning Commission in their role as the Historic Resource Committee)
because the State's recommended professional qualifications no longer
apply;
D. That the Planning Commission acting in this capacity could develop a list of
desired duties and responsibilities regarding cultural and historic resources
for the City Council's review and consideration on an annual basis;
E. That there is less of an impact on the City's general fund in that the
Committee would not be mandated to meet a minimum of four times per
year or attend an approved training workshop each year;
F. That on March 13, 2007, a public hearing was duly noticed, called, and held
on Code Amendment 07-001 by the Planning Commission, and the Planning
Commission recommended that the City Council approve Code Amendment
07-001;
G. That on March 20, 2007, a public hearing was duly noticed, called, and held
on Code Amendment 07-001 by the City Council; and,
Ordinance No. 1332
Page 1 of 3
H. That this ordinance is not subject to the Califomia Environmental Quality Act
("CEQA") pursuant to Title 14, Califomia Code of Regulations, Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is
not a project as defined in Section 15378) because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Section 2. Subsection c of Section 9252 of the Tustin City Code is amended to
read:
c. Planning Commission
The Planning Commission shall advise the City Council on all matters
relating to historic and cultural resources, including without limitation, matters
affecting the establishment of a Cultural Resource District, designation of Cultural
Resources, and as a liaison between residents, property owners, and the City
Council within a Cultural Resources District. In performing its historic and cultural
resources duties, the Planning Commission shall not exercise any independent
final decision-making authority or expend city funds. Actions of the Commission
shall not be considered actions of the City and shall not be represented as such.
Section 3. Any reference within the Code to the Historic Resource Committee or
Cultural Resource Advisory Committee is hereby changed to Planning Commission. . .
The City Clerk is authorized to make this name change within the Code as deemed
appropriate.
Section 4. The provisions of this Ordinance shall become effective at 12:01
a.m. on the thirty-first day after passage.
PASSED, APPROVED, AND ADOPTED this 1S' day of May, 2007.
LOU BONE,
Mayor
ATTEST:
PAME A STOKER,
City Clerk
Ordinance No. 1332
Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1332 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
17 day of April, 2007 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 15th day of May, 2007 by the following
vote:
COUNCILMEMBER AYES: Bone. Amante. Davert Palmer (4)
COUNCILMEMBER NOES: Kawashima (1)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
Ordinance No. 1332
Page 3 of 3
Brett A. Floyd, CRMS
12433 Sebastian Place
Tastin, CA 92782-1510
(714) '730-6913 Home
(714) 801-8045 CeII
b flovd7l Sl na,vahoo.com
QUALIFICATIONS:
Over 18 years of lending and operations background with an emphasis in start up
operations. Experienced at all levels of Retail and Wholesale lending management
including sales production, operations, quality control and secondary marketing.
PROFESSIONAI. ERPERIENCE:
Old America Financial Services, Tustin, CA
9/2001 -Present
Owner, Broker Retail Shop
Park Place Capital, Newport, CA
3/2001- 7/2001
WMC Mortgage Corp. /American Loan Centers, Woodland Hills, CA
12/1997 - 2/2000
Executive Vice President, Retail Division
Started Retail Division from ground uro to over $300 million in fundings in 1999.
Managed monthly volume of S25 to S30 million for 25 Retail Branches and Call Center
in 14 states. Directly supervised over 2S0 employees in sales and operations. Managed
the P&L and Business aspects of the Retail Lending Division. Responsible for the
implementation of training for sales and operations, which also included the company's
policies and procedures. Responsibilities also included management of processing,
underwriting, funding and quality control of our division's fundings.
Royal MortgageBanc / Contifinaneial, Orange, CA
3/1995 - 11/1997
Sales ManagerNice President, Retail Division
Managed the 25 Retail Offices in six (6) western states with a monthly volume of S15
million. Responsibilities included hiring, training, and managing of ali personnel within
the Retail Division for sales operations. Managed and helped with all company
communications for operational updates and loan programs. Responsibilities also
included the monthly/quazterly P&L for division. Created loan programs and guidelines
to help sell loans on the secondary market.
Long Beach Mortgage Corporation, Orange, CA
3/1989 - 2/1995
Wholesale Sales Manager
Managed monthly loan volume of S1S to S20 million for a wholesale sales team of 13 for
Los Angeles and Ventura Counties. Responsibilities included hiring, training and .
implementing company policies and procedures. Managed the broker base within the
two (2) counties while maintaining monthly/quarterly budgets and reports. Built the
division from monthly volume of $5,000,000 up to $ 13,000,000 within one year.
Transamerica Financial Corp., West Covina, CA
1986 -1989
Executive Branch Manager
Managed a Retail Consumer Finance branch of receivables of S 15,000,000 and a staff of
eight (8). Functions included daily collections, receiving of payments and the making of
consumer loans consisting of personal property loans, auto loans, and 1'~ and tad
mortgages. Managed the P & L of the branch. Responsibilities also included the hiring
and training of the staff.
References: Furnished upon request.
Salary History: Famished upon request.
Steve Kozak
EXPERIENCE AND ACCOMPLISHMENTS
2005 Controller, Las Angeles County Superior Court
^ Plan, organize, and manage through five suborciiaau managers a compnh~ensive program of fiscal
managgement, accounting operadons,'and revenue functions, inc~ndiag devtlo~meatlmwagement of
the S665 million annual ope bccdeet; revemre and expenditure for«~sung; financral Alarming;
administration of grants totalwg4 n; procurement and purchasing; anti collections.
. Direct the development and impk~tion of internal controls for the assets, reserves, avenue anti
expenditures of the Court; supply financial services to other aepattrneats; amd provide timely and
accurau financial information to Court executives, judges, and outside agenwes.
• Directed development and implementation effective January 1, 2006, of a new revenue calleccion,
distribution, accounting, and reporting stn~cture for civil coact fees totaLng S12 million annually.
2003 co 2005 Director, Financial Planning ~+ Budget, SanDi~o CaaayRegiwtrlAaportAutlaority
. Established and ~' kmenxd organizational design, staffin~plan, and operating budget for the new
Financial Planning & $udget Departsneat, including grates, bc, and treasury management.
. Planned, organized, and coordinated preparation of the Authority's first Annual Operating Budget
(5106 mi7li~oa for FY 2003-04).
. Project Manager for developmem, acqquisition, and implementation of a new S10 au7lion ERP
financial and accounting management information system.
2~0- 2003 Financial Planning Manager, LasA~les WorldAi~J~orts (LA ~A)
. Direced and managed clu financial, operational, and personnel maters of the Financial Planning
Division. including Budget Prograass, lteveaue & Grwt Progruns, and Debt & Treasury
Marsagement.
. Planned, organized, and managed preparation and administration of the S4b5 million Annual
GPeratuig Budget, and the 5950 mr7lion Capital Trnpmvemectts Budget for four airports.
• Established and maaa~ed LAWA's 5300 mr7lion Commercial Paper Fimac. Program, providing a
shoe-term debt financang option wick flexible maturities and reduced costs of borrowing.
1994 - 2000 Financial Sersrices and Risk Maziager, CaaieySarXacatiptDistrur
. Managed 5440 nsilLo' n fixed and variable rate debt financing prr~grarn for capital projects.
. Managed insurance and risk management programs far 51.5 br~ion asset base.
. Established treasury operations, inchrding 5350 mrlfion f°rxed income investment program.
1992 • 1994 SenrorFinancial Consxltant, PrrbiicFrrrr~xearxlMaragerr~~ BSI Q~raxlt~vxs, Irrc
• Developed and managed special district financing programs for public facs7ities and irrfrastrwcture.
^ Conduced revenue and management studies to improve local governrveat f~„~n•~~ and prograrrrs.
1990 - 1992 Intergo4aernmental Affairs Manager, Orar{~e CaArCy Ong°'Acl-rirrrstnrti4e ~
. Developed and nprescrated Couruy poLry Positions involving regional issues, including land use,
cransportauon, and air quality,
. Developed public privau partnership Program for business atuaction and retention.
Steve Kozak
1986 - 1990 Bond and Capital Finance Manager, O-rrrge Cataaty ChigFAclinirrastratixe ~
. Structured, issued, and administert;d more tban ~1 btllioa of tax exempt municipal ~~~ ~~B
5250 million airpon avenue bonds for John Wayne Airport Masur Pha improvements.
. Developed and impleuuntai land-secured financing program for public fac>7ities and infrastructure.
1981 - 1986 Chief Administratiaae Officer and Plans ~ Programs Officer, Jahn Wa}vreA i~pwt
• Managed p lion of Master Plan and ETR for new 5250 mdlion passenger urminal, parking
strarcturrs, related airport and airfield capital improvements.
^ Managed airport financial, administrative, and support .services, inch~ding revenue, budget, and
accounting functions.
RELATED EXPERIENCE
' Pluuung Comuussraner, City of Tustiq 1996 - 2003
' Ixcairrr, University of California, Public Finance & Administration,1987 - 1990
' ~~~ Staff Assistatu, Orange CouatyBoard of Supervisors, 1977 - 1981
• Budget and Legislative Analyst, Orange County Adtninist=ative Office,1975 - 1977
' Systrme Analyst, JPL/AeronutroniCFnrd Corporation, 1971- 1975
EDUCATION
. M.B.A., Cal Stan University, Fullerton
• M.P.A., Universityof California, Riverside
. B.A., Political Science, Cal Poly University, Fomoaa
^ Community College Instructor Ctiedential, Public Services & Admipisusition
• Certified California Municipal Treasurer {CX3VIT), California Munic7pal Treasurers
Association
EL WYN ALLEN MURRAY
2064 CHEROKEE TUSTIN RANCH • CALIFORNIA • 92782 (714) 730 - 7035
COMMUNITY OBJECTIVE
A responsible and challenging position as a commissioner for the City of Tustin.
EDUCATION
• Class 29 PERF Senior Management Institute for Policing 2003 -Harvard and Boston University
• Class 78 Juvenile Delinquency Control Institute -University of Southern California
• M.B.A. National University
• B.S. University of Phoenix (Business Administration)
PROFESSIONAL EXPERIENCE
MANAGEMENT AND LEADERSHIP
• Manage and supervise the Recruitment and Hiring Team
• Manage and supervise patrol operations in the City of Irvine.
• Manage and supervise patrol operations and staff for the Irvine Spectrum Center Substation.
• Appointed Acting Lieutenant of the Investigations Bureau from February 1999 to June 1999.
• Develop staff projects, prepare reports, manage and direct complex criminal investigations.
• Manage investigative resources consisting of travel expenditures, investigative equipment,
investigative fleet, training funds, salary and overtime allocations and develop 2000 budget. ($3.8
million budget).
• Assigned management and operations responsibilities in the Investigations, Traffic, and Patrol Bureau,
Field Training Program and Reserve Officer Program during the absence of the lieutenant.
• Develop budget and recommend expenditures for park projects and procedures governing Parks and
Recreation as Commission Chairman for the City of Tustin. ($4.5 million budget)
PROGRAM DEVELOPMENT AND TRAINING
• Develop and coordinate a strategic plan for recruitment.
• Develop and refine the Field Training Program protocol and training guidelines.
• Develop and coordinate operational procedures for the Irvine Spectrum Center Substation.
• Coordinate assessment and analysis of various investigative functions.
• Develop, coordinate and present Community Oriented Policing training.
• Coordinated and facilitated development of a new juvenile .citation arrest procedure, countywide
domestic violence data system, and new child abuse investigation protocol.
• Coordinate and develop new officer safety training and investigative workshops specific to
investigators.
• Coordinate and present training statewide on the P.O.S.T. Supervisory Leadership Institute (SLI) for
sergeants and the CPOA Leadership Development Program
• Present supervisor and leadership police training at Golden West College.
EMPLOYEE RELATIONS AND RECRUITMENT
• Implement and manage the Irvine Police Department Recruitment Team.
• Develop, coordinate and present Ethics and Cultural Awareness training.
• Coordinate and supervise oral boards for new and lateral entry police officers.
• Administer discipline, enforce proper ethical standards, integrity and department procedures including
an assignment to the Irvine Police Department Office of Professional Standards.
COMMUNICATION
• Provide mentoring and guidance to subordinates and peers with an emphasis on leadership and career
development.
• Prepare and present staff reports, policy recommendations, commendations and grant proposals for
grant funding.
• Communicate daily with business owners and Irvine Spectrum management, conduct meetings and
prepare correspondence on various public safety matters at the Irvine Spectrum Center.
• Prepare and deliver training to sergeants statewide on leadership and management issues.
• Prepare and deliver training to police recruits, field training officers, investigators and managers.
• Promote the Irvine Police Department and general law enforcement interests through public speaking
presentations, panel discussions, and interviews with newspaper and television media representatives.
CAREER HLSTORY
Irvine Police Department: Police Sereeant
2006-Present Management and supervision of the Irvine Police Department Recruitment and Hiring Team.
2004-2006 Management and supervision of the Field Training Program and patrol operations for the
Crossroads and Portola Districts of the City of Irvine.
2001-2004 Management and supervision of patrol operations for the Irvine Spectrum Center Substation
1999-2001 Management and supervision of patrol personnel and patrol scheduling for all patrol shifts
1996-1999 Management and supervision of the Investigations Bureau, DARE Program, and Court Liaison.
1993-1996 Management and supervision of patrol personnel, Reserve Officer Program, Field Training
Program, developing and presenting COPPS training, and scheduling personnel.
1993-1990 Management and supervision of the Traffic Safety Program, motor operation training, sobriety
checkpoint operations, DUI teams, OTS Grant preparation and reporting, budget preparation,
scheduling, assist special events sergeant, and coordinate major accident investigation.
1985-1990 Management and supervision of patrol personnel, patrol scheduling, Field Training Program, and
the Reserve Officer Program,
1982-1985 [nvestigator -Conduct criminal investigations of crimes against persons and crimes against
Property. Collateral duties as a SWAT team member and reserve program coordinator.
1979-1982 Traffic Officer -Enforcement of traffic laws, accident investigation, motorcycle training officer,
part-time traffic investigator. Collateral duties as SWAT team member and reserve coordinator.
1977-1979 Patrol Officer -Normal patrol duties. Collateral assignments as a field training officer, reserve
program coordinator, crime scene investigator, and SWAT team member:
SPECIALIZED TRAINING
• 2006 POST -Background Investigators Seminar
• 2006 POST -Recruitment Workshop for Managers
• 2006 Diversity Recruitment
• 2005 Incident Management for Terrorism ,Incidents
• 2004 Critical Incident Management for Managers
• 2004 Field Training Program Administration and Management
• 2004 Emergency Response to Terrorism Incidents
• 2003 Internal Affairs Investigation -Long Beach State University
• 2002 Employee Discipline -Beyond The Nuts and Bolts of Discipline - CPOA
• 2002 Ethics Train The Trainer -Southwestern Law Enforcement Institute
• 2002 PERF (Police Executive Research Forum) Subscribing Member
• 2001 City of Irvine -Leadership Training Series
• 2001 Leadership Tomorrow Program- Class 11 Newport Beach
• 2000 Applied Ethics in Police Management -Dana Point
• 2000 Managing Physical Performance Standards -Las Vegas
Nevada
• 1999 ,
Investigation Technology for Administrators -Santa Ana P
D
•
1999 .
.
Challenges of Ethical Leadership -Santa Ana '
• 1999 Management of Officer Involved Shooting Investigations - DOJ Ontario
• 1998 Management Of Hostile Work Environment Investigations ~ Irvine
• 1998 Role of The Police Chief - CPOA Irvine
• 1998 Contemporary Management of Criminal Investigations -San Diego
• 1997 P.O.S.T. Leadership Conference -Los Angeles
• 1997 Management and Supervision of Post-Trauma and High Stress Incidents
• 1996 Supervisory Leadership Institute -Class 51
• 1996 Management and Investigation of Homicides -San Jose P.D.
• 1995 Management considerations of Rodney King Incident - CPOA
• 1994 Managing Community Oriented Policing -San Diego P.D
•
1994 .
Community Policing for Trainers -San Francisco P.D.
• 1994 Team Building Workshop -Irvine P.D. Management Staff at Lake Arrowhead
• 1994 Sergeant's Workshop -Managing Resources -Santa Rosa
• 1994 Reserve Coordinator Management Course -Golden West College
• 1993 Sergeant's Workshop -Effective Supervision -Santa Rosa
• 1993 Sergeant's Workshop -Implementing COP, Leadership
• 1992, Lawsuits and Their Organizational Effects
• 1991 Management of Traffic Safety Programs -Cal Poly Pomona
• 1990 Police Civil Liability and Misconduct Complaints -Las Vegas, Nevada
• 1989 Management of Field Training Programs -Long Beach State University
• 1988 Earthquake Preparedness and Management -San Luis Obispo
• 1987 Effective Supervision and Discipline
• 1987 Promoting Leadership and Motivation -San Diego P.D.
SPECIAL ACHIEVMENTS AND PROFESSIONAL CERTIFICATES
• 200b Irvine Police Department Medal of Valor
• 2004 Irvine Police Department Unit Award -Field Training Officer Program Team
• 2003 NOBLE (National Organization of Black Law Enforcement Executives) award recipient
• 2003 Authored and published article "A Partnership Approach to Entertainment Policing"
• 2003 Orange County Human Relations COP Award -Irvine Spectrum Team
• 2002 Irvine Police Department Unit Award -Irvine Spectrum Team
• 2001 State of California CPRS Volunteer Merit Award for Distinguished Service
• 2001 Graduate of Leadership Tomorrow Program - 2001
• 1997 Auditor/facilitator for P.O.S.T. Supervisory Leadership Institute Class 61
• 1996 Graduate and class speaker for Class 51 P.O.S.T. Supervisory Leadership Institute
• 1995 Exchange Club Meritorious Service Award recipient (COPPS Training)
• 1995 Received offer of appointment to Lieutenant with the Riverside Police Department
• 1989 Employee of the Month -December
• 1984 Irvine Police Officer of The Year
• 1984 Authored written proposal and implemented Irvine P.D. K-9 Program
• 1982/1979 Kiwanis Police Officer of the Month -January
• P.O.S.T. Supervisory, Advanced, Intermediate, and Basic Certificates
COMMUPIITY AND PROFESSIONAL INVOLVEMENT
• Community Services Commissioner Chairman -City of Tustin
• Board of Directors -California Peace Officers Association -Region 1
• Board of Directors -Leadership Tomorrow, Exchange Club of Irvine, and Orange County Child Abuse
Prevention Center
JOHN NIELSEN
RESUME OF QUALIFICATIONS
14462 Oxford Avenue
Tustin, CA 92780
OBJECTIVE:
Telephone: (714) 838-6438
E-Mail: Jnie11225@aol.com
To serve the community as a member of the Tustin Planning Commission.
SUMMARY OF QUALIFICATIONS:
• 21 year involved resident of the City of Tustin.
• Incumbent City of Tustin Planning Commissioner.
• Over four year member of the City of Tustin Planning Commission.
• Three year participant, Planning Officials Forum sponsored by Planning Directors
Association of Orange County.
• Fourteen yeazs experience in multiple Civic Organizations in Tustin, Tustin Public
Schools Foundation, Boy Scouts of America,. Tustin Eastern Little League, Tustin
AYSO Soccer, Tustin NJB Basketball.
• Good objective land use judgment with no hidden agendas.
GOVERNMENT EXPERIENCE:
City of Tustin Planning-Commission
Chairperson -August 2004 to May 2006
Member -August 2002 to present
Participant, Planning Officials Forum, 2002, 2003, 2004
CDBG Committee 2005, 2006
CIVIC ORGANIZATIONS EXPERIENCE:
Tustin Chamber of Commerce member - BEDC 2007
Tustin Public Schools Foundation -Grant Reader, 2003 - 2004
Boy Scouts of America Troop 243 -Scoutmaster, 2003 - 2006
Cub Scout Pack 142 Tustin Memorial Academy - Cubmaster, 1999 - 2002
Boy Scouts of America, District Committee - 2000 to current
NJB Youth Basketball -Coach, 2000 - 2003
Tustin Eastern Little League -Coach, 1999 - 2001
Tustin AYSO Soccer -Coach, 1993 -1994
National Eagle Scout Association member - 2002 to current
Tustin High School pazent volunteer (multiple sports & activities) - 2002 to current
John Nielsen -Page Two
EMPLOYMENT EXPERIENCE:
Area Leasing Manager, Eastman Kodak Company
July 2003 -Present
Responsible for managing and providing captive equipment financing services, and to
help coordinate bank and lender agreements with Kodak. Have budget responsibility for
financing volume and costs for the western United States. Specific responsibilities
include: Coordinating bank vendor agreements, sales, pricing, structuring finance
packages, contract analysis, delegating to other members of the group. Also responsible
for interfacing with the direct sales group and theWorldwide Corporate office.
Regional Finance Manager, Agfa Finance Group (formerly Bayer Financial
Services), Aug. 1994 -July 2003
Responsible for managing and providing captive equipment financing services to three
Agfa divisions in the Western United States, including Medical, Graphics, and Consumer
Imaging sales and expense budget responsibility. Specific responsibilities include: sales,
marketing, pricing, lease contract deal analysis and structuring. Also have responsibility
for dealer, customer and direct sales interface with the Agfa Finance Group. Recipient of
Agfa Presidents Club and special Bayer Corporation Achievement Awards for
exceptional sales results.
EDUCATION:
California State University, Fullerton 1953
Bachelor of Science Degree in Human Services with a minor in Finance.
Special courses include: Financial Analysis, Accounting, Economic Theory & Practice,
Speech Communications and Business Psychology.
REFERENCES:
Available upon request.
RESUME
CHARLES E. "CHiJCK" PUCKETT
I retired November 1, 2000 after spending 32 years with Hunt-Wesson Foods,
Fullerton, California.
I began emp~yment with Hunt-Wesson (part of ConAgra Foods) in Denver,
Colorado in 1968. I moved with my family to Tustin in 1975 to become District Sales
Manager of the Los Angeles District (Foodservice Division).
In 1992 I left the Los Angeles District job to become Senior Chain Accounts
Manager and then became Director ofNational Accounts in 1994. I held that post until I
rctired on November t, 2000. Therefore, the last ten years havc been spent with Hunt-
Wesson Foods (5) and a happy retirement (5).
I am now able to spend all of the time necessary to serve as a Tustin Flanning
Commissioner.
Charles E. Puckett
RESUME OF JEFFREY R. THOMPSON
41 S West 6th Street
Tustin, California 92680
Home: 714/544-3836 Cell.• 714/231-6270 FAX.• 714/544-4846
Email.• 'e cherie(a~integrity.com
August 2007
Career Objective 1 enjoy leading and supporting in a team environment - I thrive in
"learning" conditions. My objective is to continue to expand my experiences and
responsibilities and mentor others, while maintaining balance with family,
church, and community service.
Education CALIFORNIA STATE UNIVERSITY, LONG BEACH
1985-1989 Masters of Science in Civil Engineering; 4.0/4.0 GPA
1981-1985 Bachelor of Science in Civil Engineering; 3.9/4.0 GPA,
Professional Registrations
1989-1994 PROFESSIONAL CIVIL ENGINEER: California, Arizona, and
Washington
1994 PROFESSIONAL LAND SURVEYOR: California
Experience
2005-Present RANCHO MISSION VIEJO, LLC, San Juan Capistrano, California
• Vice President Development Engineering -Responsible for development
engineering of the Ranch Plan, which comprises 6 communities/planning
areas for 14,000 dwelling units and 5.2 million square feet of non-
residential uses to be developed from existing open space and
agricultural uses over the next 20 years.
2003-2005 DISNEYLAND RESORT, Anaheim, California
• Progratn/Project Manager for Facility Asset Management -Assisting in
reorganization of project & program for Disney assets, while managing
approximately multiple rehabilitation projects to support the 50`h
celebration in May 2005.
• Business Planning and Logistics Manager for the Resort Guest Services,
supporting parking, mass transit, guest entry, and other Resort-wide
support.
2002-2003 UNIVERSITY OF CALIFORNIA, IRVINE, Irvine, California
Project Manager for all site development for replacement of university hospital
and emergency/trauma center. Responsibilities included planning, design, and
construction for utilities, central plant, circulation, real estate acquisition, central
park, abatement, and ER modifications, valued at $35M to $SOM.
2002 HARRIS & ASSOCIATES, Irvine, California
Consulting Program Manager for the City of Los Angeles for Proposition K,
rehabilitation and construction of community facilities (parks, senior centers,
childcare facilities, gyms, etc.). Program value estimated at $1.4 billion over 30
Resume of Jeffrey R. Thompson
years. Established schedules, developed master schedule, clarified funding
shortfalls/ surpluses, developed comprehensive reporting, facilitated various
project planning/design for resolution.
1997-2002 WALT DISNEY IMAGINEERING, Anaheim, California
Project Manager for Infrastructure Team for the Disneyland Resort expansion.
Projects included Resort-wide Master Plans, Downtown Disney construction
management for tenant build-outs, construction/ relocation of wet & dry utilities
(SCE, City, PacBell, Gas Co., Navy Jet Fuel Line, etc.), roadways bridges,
coordination of I-5 improvements, property acquisition, streetscape/landscape,
security systems, building relocation/expansion, and modifications/construction
to most Resort parking lots. Overall responsibilities included master planning,
budget establishment, conceptual design, design development, construction
management, estimating, planning/scheduling, value engineering, contract
negotiation, agency permitting, and project close-out.
1995-1997 CH2M HILL, Santa Ana, California
Responsibilities included Project Management Consultant for Walt Disney
Imagineering and Deputy Engineer for the City of Los Alamitos. Also served as
the Engineering Services Manager for the Eastern Transportation Corridor,
responsible for permitting and agency approvals with all public agencies.
1985-1995 BERRYMAN & HENIGAR, INC., Santa Ana, California
Began as a Design Engineer and was steadily promoted to an officer of the
company. Various responsibilities included project management for public
agency infrastructure/transportation improvements and Program
Management/City Engineer for various Cities and Utility Districts. As an officer,
served as a Regional Manager for Civil Engineering and Field Services;
Orange/LA County office management with over 100 staff.
Awards/Activities
1985 CSULB Outstanding Student Award for Civil Engineering
1989 Chi Epsilon and CSULB Outstanding Achievement for Thesis
1989-1997 City of Tustin Cultural (Historic) Resources Advisory Committee
1993-Present CSULB MESA Program: Planned and participated in student outreach
activities for MASS, NSBE, SHPE, and AISES chapters.
1999-2004 Student Programs for AHCOP for King-Drew Medical University
2000 OCEC Engineer Project Achievement Award
2000 ASCE Orange County Branch Project of~the Year award
2001 OCEC Outstanding Engineering Merit Award for WDI
2002 - 2005 Church High School counselor
2002 -Present Board Member of Central City Community Outreach to LA Skid Row
families and youth program
2005 -Present OCTA Citizens Advisory Committee; current chairman
2007 Tustin Community Foundation
Specific Project Experience Summary and Written References
Available upon request
Page Z
Resjef0~0830 City.doc
610 WEST THIRD STREET • TUSTIN, CA. 92780
PHONE (714) 832-3379 E-MAIL LUCY@LEENERTS.COM
LUCILLE MARIE BURGH
OBJECTIVE
To obtain a K-8 teaching position with Tustin Unified School District.
EDUCATION
California State UnivpTQity Fullerton 2003
Advanced Technology in Education
Contemporary Issues in Children's Health
California State University Full ~rton 2002 2003
Multiple Subject Teaching Credential Program
California State University ~~llerton 2001
Introduction to Elementary Classroom Teaching
Cultural Pluralism in the Elementary Schools
Human Development
California State University ~llvrt.~n. T+ rts~n e;_ n 2000
Classroom Organization and Management
Substitute Teacher Workshop
California State University. F~rallortnn.
Bachelors of Arts with a major in Art
CLASSROOM EXPERIENCE
Teacher. Sheltered CnRF ~~ $ 8~ Grade F Tltt Middle School 7}intin CA
Language Arta, Social Studies and ELD for English Language Learners, presented
lessons using SDAIE strategies to meet student needs. Integrated ELD standards
with grade level standard8. (9/04 to present)
Student Teachin~t. Westmont E~montarv erzt,o.,,, ra
3/4~ grade Gate class. Presented lessons in math, language arts, social studies,
science, and physical education. Developed lessons to meet the needs of both
grades. (7/03-8/03)
Student Teaching Thorne Fundamental Santa Ann r',9
Second grade classroom. Fieldwork experience and student teaching with full
classroom responsibilities. (2/03- 5/03)
Summer School Teacher C E UTT Middle School Tustin CA
Special day class for seventh, eighth and ninth grade students. (6/02- 8/02)
WORK EXPERIENCE
Tustin Unified School District Tustin Ca 2004 05
Teacher
Tustin Unified School District Tustin Ca 2000 04
Substitute Teacher
Newport 1lfesa Unified School District 2003 04
Substitute Teacher
VOLUNTEER EXPERIENCE
City of Tustin Cultural Re~arnir~o,~ Advisory C'nm n+ittee 200 t t pre-ant
Advisee City Council on matters related to "Old Town Tustin"
Tustin Library 1998-to pr ant
Organize and perform story time for three to six year olds. Original artwork
created in the form of flannel boards,
Create artwork, host a boutique, .and offer proceeds to outreach
CREDENTIALS
State of Califs ;a (,nmmiaain., on Ten~1' 1 Creden 'Alma
Professional Clear Multiple Subi t (12/03-1/09)
Supplementary Authorization- Art
RICA•2003
MSAT - 2001
CBEST - 2000
REFERENCES PROVIDED UPON REQUEST
Linda C. Jennings
35U South B Street Tustin, CA 92780
(714)731-2380
fan (714) 544-1589 lindacjenniogs~hotmail.com
PROFESSIOfiAL EXPERIENCE
['onsultant -1996 -1999
worked with various nonprofrt orgauixadons in fund development,
special events plamring and rional devdapmeat.
F=.r••thie ni_rector -Tustin Pnblk Schools Foundation -1993 -1996
Managed all operations for organization.
Responsibk for fmaacisi management and reporting of foundation
assets including SS00,t)DO technology grant.
Responsible for all developn~nt and fiord raising.
Responsibk for all special events.
CO.'~IMi)NITY ACTIVITIES
~If7C of Ta~~n C Itnrt Resonrce~ Advi-~orv omm~ -1996 to
praenL Vice Chairman. Attended ~mu+ous conferences and training
sessions on historic preservation the Stale Office of Historic
Preservation. Ongoing participation is the University of Sotrthem Califtn~a
Summer Certificate Program is historic preservation (Ca~mpleted oovtses in
Fundamentals of Preservation, Preservation Ecoaamica, and Materials
Conservation; upcoming - Preser~•ation Law and Planning.)
'I' .at3n Ar~,Connc:_1 for Fine~4rts-1997 to prae~. Board of Dh'a~ors,
Vice Presidemt~nod Devdop~ Joint City /School Dianict Fine Arts
Fscdity Cow Nang Cotamittee Chair; Bylaw Comooizoee.
Tustin ~re9133storie~l Snsietti-1996 to 1999 Board of Directors, Fund
Development Chair-Reorganized and managed Tustin Pmmeaade Historic
Home Tara. Incaeased revenue from the event threefadd and doubled
attemdaacx. Rte, trained and utdized ten times the number of
voltmtears used in past events. Brouglrt in uaderwiiteas far the event
2- Linda C. J~nings, c;ontinucd
~,4e~sment YP,d Treatment Servicec Center -1999 to present. Board of
Directors, Fund Development Committee; Chair of Tustin Guild; Co-chair,
Twenty-Fifth Anniversary Celebration Reception:
~, ~~njyersity - H.E.L.P. Program, Parer-ts Advisory Commmittee
O'PBER
Nominated for Tnstin Woman of the Year 1998,1999.
Tustin American Aasocisiioa of University Women -
1997 Woman of Distinction
Aonond with Board of Directors designated tribute fnnd for
the Tustin Public Schools Foundation
EDi: CATION
Umversit} of Kentucky - BA History
UCI - CertiSeate in 1'onproBt Management
PROFESSION.~I.
Nadonal Sodety of Fond Raising Ezecntives
American Association of University Woman
PROFESSIONAL SUMMARY
M. Brim sjobe~
Project Bn~ioaer II
S S„ Cooauumim En~ineeriu~, i3nlvertity of Colorado ac Boulder
M.B.A.. Caporroe Ploeooe. L)edvaatr of Colorado at Bouldrr
P.r~inearda•TtaLrt~, Staea of Colorado
SlJ1dMARY ~ >~ffi~iCBi
Pmjaet)+lasjmat wis- over 10 yon mcpmieoos is wrias operatla~ compaaiea, hrcladLr~ Ptah.
oiYpa prodaetloa. telacommmicativoa, ~owromeot..ad nndaar ~ semadladam.
HxperGoos iocbdea r+sapoadbilidaa !n pegleot maaa~oeat and ptojact oottroh !a both osioa aad Sold
locatiaaa. Aad~mmou Law inoltaied all phaara of projaot aaacotloa ioa a variefp of Pmt toaaa~snsat
poaLiame, from ooooeptnal wtdiaa tLrona6 detailed ea~inaarh~, ptoorvameat and oonrarncxiom, b internal
P~ driven b7' D' ~P ~ trompmy rmrpayzatiorJ.
5IC3NJFiCANT ffi~1ffi~B;
F+r rtntt n~urar nr (19t1- Preaeoy
~ Dfam~ $Y!~ Up~rada Project Netter}
(t)etotrar 1999 to dta P~~ AUao Visjo. CaSEomi.. North Amertoa
Project ~ fa upjradia< various Pro}at lfada~nea to concert vrhh
other aaembara'aJtha Pmjaot SaceUaeoa Netrvorir. Zbh iooMtdad beta erat>n: of the mrv carob-based veaaioo of
~ ma ~fi~ Manual. and various orbs praedcar raquireti fa
pro,~eot ameatlon rap fa data.
~r7 ~PF~
(AnpK 199t m Ssptambar 1999) ~ S~ loin. Ner BrmswicJc, Casde. Naet6 Amheica
~1~ respootlble for variotrt projaa manaparea~ ar~iv)tie ao thr itvhts t711 nay ~~
~°~• ~~ antUar P ~qu§ed pima aad proeedtam, daveiopmm< and rooediaatioo
of aHaot avNtr prae~adots. and devdopmeot aad bans of the moody Pro~rsae Report std the vreeltly PLuh
~-
~s P~ sd ataddhrz aevanl mbar oew procaq uniu (Cmde Vacuum, Raaidue PLdd Catalytic
~9. SuiPLurie Ae~ Treat, aad Amine Sniphtr Rtaoovery Udta) r ~ at modiSGdoa of
eustiaj facilifiae. na7ltias, oSLiees and mfamrrcaae needed b soPpctt the project.
$4adard IrLntYl Developmaat Project Bsecudoa Services
(October 1997 to ]lily 199>i) Irvloe. California, North Aaraba
Project En;ioeer respo for coordiat4u~ the development of a Standard PtDjOCtwE..x,1eclttitO,n~Plan and
$tand,Ri Project Procedtues Manrtd. Activifha included obtsiaioa best ptacticra, ^~+• ~[ (rpm tLe
varioat deparemeata, rewivinj . and developia~ methods to eattne the electrnoic 8Ja were or~tf}red
cad euy ao update.
Titees aatnuaL~ Mara the ftrtt !o a serlst d ttattdard ntaauaL that bars been devaicped by the eoa~, for use m
project exaatdion They cover a wide raa~e of acttvidnt and refiea OSR sad w ra9nireanaai:. ~y
aratnads nP d a m®btr dwarf Alas that Projsct caa dowaloed far easy ctueoraiEatloo by the
project team to rttSetx the rasln}ro~ d their projew.
Architect-Bo~oaealPatmadn~ 3erriae Pmjaot Lae ALtmee Ntdcaal Labontay
(Jtats 1997 to 9apumbae 1997) I.ce Ahtmoe. New Meadao~, North Anwioa
Prc~act Be~iaaer Pa the MB /Parmeth~ Sarvicaa Projaot u the Lot Alamos Natlooal Lbaamry taeimd wits
~ni aodlat P P~~ doetaaaaudm. This pegjaot v!)1 provide Att~imat.Bn~nea cervices
ova a esvsa yea patfod !6r a maabs d ~tcNYaa u the Las Ahtatos rite.
TM ma>tajetaeta tylleln for chic projxt amt be pia eo that osty miasmal additional doa>anenmioa moat be
tnsad at aa~nef• Task Ardeet era iswed over the term year Nfa of the pmjeot. RetptmtibUhip include
development dphmt cad procedanee m oompty vvhh t1edaral cad company regadrsmeaty aM aoatdiaation d
tbota aaivitlet betwti+ea the Los Ahtma National Labotuory aparatLg aoearactor cad inucnal Pluac Dardad
team mambas.
PD Narthwaat Ptooadnre Mi~tloo Ptgject t3ovarnmeot Savieee OpCo
(I•a 9'7 - May ~ Ritiilaad. wadtioatoo. Nortlt wmaica
Project F.na6teer taalmd vvhh coortdaath~ tbacaave:aon ddoanasao~ioa at thin farmrt ICS
%ahadWearlr~booras adios (aogtrired wi16 onr win d the Baofard orbs ocatraaq m eaonaply with Pluor Daniel
edadudt ore the sew PD Nathwatt o~in.
RmpoardbiNtlea ioelndad deralopmsndmavsraioo of tmdal phms and proaedtnse b eamPly widt federal and
~p~' ~9~. develop®eat d the t38oC Iai6~Baas on t6. PD asttatit for sty at:oae to thb
iaibrmadao, cad the coardhtadoa d chore adirifiee btxwsen the vmiona P)nor Dasiel Nadtwstt tnm tamabatt.
Cadtotr Smr.~e Bmmio< Pmj,et Wsethrvtous I~pd co>aparq
(199 ~ Wc1Lad. wuYis~am, Ntayh Atmrloa
Adatfa~tratbn ~ ndoed widt pesrarmht{ .thaiaitnatlva lbnations m the t3arh>ear atoesg Bttodi~
~ 'nor w'tniapom. Tie. project aetl~.a a btdl~s w.dbty aa+a.penc,t>deu firm u ib.
Acdritiea hoaladed [ eitaical cad Tedtaial Dowmmt CootraJ psrsotmei. oootdhstjn~ ~ j~
P~ni ~ P~ cad p tai t~ovanmsat property. cad ptodtrtdo< tht l..tldcal Latae List
~~i P~tiaa aack3ai o[ C1uo~e Regneafs. acdvLiea am the pa+ojsot,
Pet~olatm dE PeatocheradaL (PA:P) 7afoBate Pd:P t)pC',o
(199 ovine. GliSorai,. North America
Project Mariner tacked with ooordim~fiiaj the dsvelopmaot d the Petroleum rod Pieuochemipda
Project in Lotus Nast. This project involrad tettm~ uP the ItdoBaue ttttranae, and apaviuna the preparation
~ Placamm-t of ova 3500 doeumaofa io tlee da~aae, .~ data aro aaed ~ ~ exacatimr of aq PdcP
proJecb, sad include m sad technical prooedtaroa, maaar ~ datalls. and fta~ma.
AROSEt/I~SC Safety Compliance Protect Alyeala Fipdine
(lam) Ahuka, IJar1h Atnaip
Project Enytoear tanked with aad/ar 1~'ml i t~rdsa and orbs don
m9~d rm the ALaka Oxop~ai gayab' and HeaittWNaBooai Biatxrieal Cab (AxOS sdecy
~ Project i6r tbs Aly.aot Trans Aladu P~reNm sywra, This paoja~t the eMctricat Latdutlaa
P~ +d~ar ahaat tnemty yeas of opaatlan and raoivad nay idsnBSsd »fsty ooooarna.
darb~lopad tneludad ea~irNae},~ t+tudle. (vtlda4 evlaaead varbas a„dttfo,os,nd
keapio~ >n ~s want of ~ daa®aat ooatrol piarra and proaedrtroa (whio6 anturad aaattiyts record
oHaae and td Oper>thr~ Pd~plaa aside ~ ~°" a"~'~' and othas pima and pcocedunaa ~ by the
Iiaafhad waste Vim PL' at Uoioed Shga Dapattmsat ~~,.nd
(>99i -1998) RWteh~md, w+ irror,~ ~
aaol.sr w wr11e Plant near Akhland. waabr~, 7rib a~ blpioa dolLr
,mrap.ad h.ed>!e~ ~~ ~mobiTlsea H9eid h3ih-level nncldar wale io a baaWkate tlt+a !ks afa
Project 8o{ine.r talus adtlr oaordlaadn~ and/or prapatfilt ~ dow~uon rsgrrired d!' the
for thls mr~ar tnrcba wants >t:medlaeion project, ~ hxhrded of platy srd
(D°ps`e°°ot of BaarR1')• oonoraceor tWet~s g~ apivitles between m. cNeot
Catatydcj sad b>tsraal Fhpr Dalai assn memtiaea. Dacra~ta dsvdopad irrel~uded ~ aoe~rraar ~
. ~ poo Msaa~amsot (C~ p1~n
m addttlon. wordhmsd orbs o aetlvidea„ iactudh~ ldeaddcayc,e of the teoimical
~. ~14poomt ~ the CM and ~ aautanl proaaa, ..d evduaaian of the ad program to
contcamaaoa m Dt>$ order 4700.1 and o16ar ~nyb
saoatty Syataor UPtP'eds
(19-1} iZUod~ty ~ cow rr~ A~me<ioa~ BC~°
Prot Hasiaasr naked .~ oooedinatbs praaaemeac setfvidas the
~ ~ofaa
b.~d >~h'tpamm for the Rodry Fiats mcJ,ar weapasr p~ tratelde of Denver Cobrada tibar ~
iaranmeat wa far a~slatmd aolreduls to mart a Departmea of Baapr i'e9uhed milestone, The
Phi ePec>•lissd egaipmeoR sad the aooatrntaioo ooaeraetar ihr other
~lUties~b~cL~dad eoandioathu the imre of pnrclms ardses, a~ c+atlan sad maiateeanoe apt s
~jea Mane~emeot 5ervlcaa ~~
~ Commu~iona
(1990- 1991) Sarraapq; M~Q1. North Amafca
~+~. Gisarift, North America
~l~ As~nes' tasked with tha ~btion oP spsdRc projacti regtrer~d by two of SpriaUt mUa aarporate
ewtomeea. Projscor iaehrded hardware inaWLtiort and/or elnnp~out, and wordbwioa of opeiationt and
~L l m ~d'Y tretwark P Ta addhtaa, asdsred is the development of a
departmett wide PGbaaed eompnaer Pmttr~ which analyzed mam~me nawor# per(osmtero data arnd made h
available t4 major 5pint anatamnrrs.
Di~Wt Fiber Optic 1Vatwark
(19t6.19Q~ liaattas Cih'•. Missotati,lVotib Amalca
Project Wollner as Wa sprhst 1'mjeet st spaio<5i otxporsM haadgmtaes is 1Ransaa Chy. Mimotei. spy
oatrtrtuotmd a 21,000 mne >fbar optic network w>~h errploya the hmat h diptat tedmoiopr, hseh>di>t~ ~.
thraa aisw ]Varthara Telaocm switcba.
,~ld1tL. taaimd wNh tba ssooestlYrt hnservioe opeatloa at flitaaa mw Northern
Te4acom DHS-2id300 srrltdt syatezoa and subsystems at ~ baatlaaa gourd tha o~tmtry, gad ineelradal
tha esw swiMhea hsb tits opersslal nit~tal aseworlt. Projaet hnvdvemnN been with pmpar-y tu:grddtiao and
wig buildlal dadpn aad.ooosn~nttlon, equip®ant eoliseerhtl and fmtatladoo. aoRwan and bnlio~l
vaNdstlan, oitcuit ptoviaiomal. test gad acoeQtanoe. and cs)miannial wilh the placememt of live caslomer ttai3ic
oe the switch. Tha awiseb pojerta, many a Iags as 3Z.6W egmpP~ Pte. aLo iactuded peripheral egdpmeat
arch as echo aanncetan. bnlial compuless, ajarm wits, aM .
Work oo aV tao,~ts required close ooopmratioa between the rotator (Nm and an dr many deparomea~ u
5prbd. To aehieva the alpasive adnednle and promote a rem approach. chased ~y Caa
Meedslr at either thid corporaos hradgaar'tara ae at ~ oiSces aroaad the co®try.
&d1t17@S~YO@~ P~nltaae- far the 13CQR8 (8ahaaoad Cove) Prgiarx. wh~6 replaced the eocfsdal
5aaaend pt'aaeaaorao the 43 lvecthern Telecom DAd8.23~30D awlochsa wttln as impoved. Lunn psoceasor. To
mom. clone coardirtatioa ocemtad bstaean the mtjiaeerhtl, b>~aa. gad m.iasevunn
Wort iarolved inwnhu new fronaeod equipment and rhea iateQadpl that egnt~meat htoo the e~dattnl awhoh
~i ~ [ Procata. This wan agtdvdemt to "parfarminl opm heart auelery ao a marathon rumor
d~siel the middle od a noon„' a. oaD peowadal eouid not be iaeaeupoed gad worm aenld Doty soar during
maiatmana (hm dl6r, Roark 7a addltioa, sprint was the 15at loot dtstazz~s eomPaV' to depby 13COR8 art s
DRIB-;150 nvltch.
Pto}ect taakd whh the svoos~id rodoat ~ »orr aoRww far 3priatir 43
Niotthsrn Telecom digital swltcbsa while normal network aperadorta and msh~aaos ~nsd ta~sszvprted,
Split apaades their strtlwsre Dane or ewla a year to oQYr new and add opestinl
~°0°m°0n ~ dbtr nw"'~ ~~pOOi ~ti was at Pmt imQa'trooa, lftst nsbnl test et>!!Se in their
labs and sheet lfmMed ntie tra~lc at selected dtaa. Maims ettostt wets ttreasad oa prereotinl noncom l~~
(1.a.. loss of 1>i>l~ dm a can pool abnky) .ad l down rim. of due swlt;h denial saltarare
mruusticn.
Also warkad a switch Project Coono4 whoa t3rrt aadlned to the prnjet:t. Prepared ea~matea.
Aumorizatfaa for 8xpe>dittaes (AP13t). sdndnles. ptoposah, and prolrtm nrpdatet. b 1'rojea EnSmeex.
arQarieed and was retpoaribls tar the prodnmdao of this h~ormadOS.
L3sburae Rcilhies Project Arw Alaska, Inc.
cl9ea -1986) Pruddoe Bay, Alaslta. North Amerla
i on the IJsbtaae Facidthts Prvjecr locmd io P`rudhoe Hay. A1+rka ~vi1h Lower 48 modular
ra~ncdan is PonLrrd and Astacia~ t'hn~oo. This ~' (deaiined m prodtxx 100Id80PD of oD and 600
MM SCFD of attwdated Wa) tx>nafw of a prodt~ oeoter, sbt dtid.aites, power dimibutiom and a a~aobe of
crap-oounay pipeltnea
Davnioped and mainothoed a Material Fae+epatl~ System tr7 Awe order !6r ail diroa ilatd atatmial
ot~ LOTUS aoswasa on the IDM PC.
tee'lsi ~ compleden and ditatibntlon of the detailed CapUai L'~ost Cotmrot Bathnate and wbaegtmot
In¢att deviadous firaam thht atimata hrto PACT. a a~tms caR proRam,
Peaochemigl
(1981 ~ 1984) Complex Inbvl~ M1ddbBaat
Cat 8tt8toeer ao the SZ.4 hfllion 5at+d[ Pehoaheanleal Complex kzsaed fo AI Jttbail. Sandi Ars6ia. Thfs project
(with modular at two kxntlma in Japan) o[aevarat puns ibr the P~doo of
~~• ~Y~0. Bmyl6eosaee. Stytme and Crude Lodnpriai gt)~oi (~. ~~ ~~
iarkrde utiliWe. deck amea~e. off-pia pipetinea and a sak miss.
Utttir#~ PCRS, a mafaLrama ocat p~ eatbatued and prooassad all ~ dsvelop~, tremda,
ist~as. and a nember~~ ~' ids and ei~umat lames, flar'as. dodt
Ain PIPS. &dmatas were wed to evalraee ehe coat ~ e(dnoSw and
rxooameed app~opiiaee acdoa to the cliaa4
pad pcottteas and hudpe dab for the two lapaaeste motiyatda ifor the Urdlhrm Rapcordn8 SYatata (i7R3). a
Li~dtimd~u» ~ ~ ~s ryaam reartbed br aye saudia oran ccatracta, ,NO~~ b ~e
P~ oampraia for dab aaalydt
(19~s . iseo~
>iepsad 4t~aathy bkeolb and aaaamblad bhia t3aroortatrttetion otmadhonslsd commarcW auucones for eheas
two ilrnr (pet time) while amead6s; wif e,
TRAII~JC~
Coadeukt8 aducadat ahtasaa m Btai,m4 atd Rai Emote, Rartaho SandaBo ~
pvsLlcATZONS:
~Le~aafn81 Carve o[ m 81 c3raav.te.• t3rsdvetin~ Idapzittc~ Mt:Oaw-Bill PubHatioor~
LIlYDA E. SMITH
540 West Third Street Worst: 9498247340/?A84
Tustin, CA 92780 Fax: 9498243055
,Home: 714/544-45?A E-Mail: lesmithCppuci.edu
CAREER SUMMARY
Thirty years of administrative and technical experience in areas of higher education administration:
• Planning, programming, and accounting/finance, pre- and post award administration
• Developing written budget and international agreement guidelines and procedures
• Training and supervising employees and students
• interacting with students. staff, faculty and off-campusrnternatlonal visitors
Motivated, self directed, adaptable and discreet. Experienced with campus online accounting processes.
Seeking to expand budget analytical skills and financial planning expertise In a management position.
ADMIINISTRA7'IVE FXPE .N(''ii'
Fina»ciai Analyst, Scheduling do Conference Services, University of California, Irvine (3/02-present)
• Manage finnncial resources of aflow-through operation with annual budget of over 61500,000 which
schedules all events on both the general campus and UCI Student Center, includes all summer residential
conferences.
• Develop solutions to mitigate problems. inform and offer resolutions to discrepancies, and analyze
budget/accounting for the various on and off campus sponsors.
• Design and maintain online reconciliation of monthly project account budgets; balance accounts each
month.
• Process billing of sponsors utilizing online Departmental Recharge System, Campus Billing Services and
ASUCI invoicing.
• Manage payroll and personnel processing using online systems.
Adnrinistrotlvs Analyst, CAMP-Statewide (CALIFORNIA ALLIANCE FOR MINORITY PARTICIPATION),
O,~Sce of Student Affairs, University of California, Irvine (3/92-3/02)
• Provide analyzes for a hvo-part National Science Foundation sponsored (5-years each) Cooperative
Agreement of 65,000,000 b collaborate with other statewide and national'organizstIons. Includes all pre-
and post-award development a~ actions: develop budgets including cost-sharing for each annual and
new phase submission as well as report'on past budgets and cost sharing for agency annual reports.
• Develop budget projections and analyzes from various source funds totaling 51.6 million annually and
formulate distribution of award funds throughout the state.
• Develop solutions ~ mitigate problems. inform and offer resolutions to discrepancies. and analyze
budget/acxountingfcr Statewide ORice and eight Regional Offlcxa.
• Design and maintain online reconciliation of monthly project account budgets. Balance accounts each
month.
• Assemble data alai informational presentations for local, state, and national review and dissemination.
• Facilitate training of regional coordinators.
• Plan, budget, implement, and coordinate at local and other campus sites annual statewide symposia for
undergraduate research projects sponsored by the CAMP Program.
• Maintain local Macintosh~ndows computer systems.
• Managed office renovation including budgeting (a100K) and space assignment, moves, nehvorking,
reorganization, and management of design, implementation and completion of construction.
• Act as coordinating point with other departments for overall space availability.
Zone Captain, Gateway Zont. Emergency Preparedness Program, University of California, Irvine (9/00~4/OS)
• Coordinate emergency response team for the Gateway Zone (EIght buildings: Administration, Cross Cultural
Center, Gateway Commons, Library, Student Services I and I[, Student Center, Irvim-Barclay Theater, and
Parking Structure}.
• Present emergency response workshops to 560 Officx of Student Affairs personnel.
EDUCATION
B.A. Social Ecobgy, University of California, Irvine,1989
F_nrpharis: Social and Human Behavior
B.A. History, University of Cal~ornia, Irvine,19T1
Emphasis: Modern European
Certificate: Personal FSnsnciai Phtnnitta, University of California, Irvine Fattension,19l9
UCI Basineas OtYicers Institute, October 2003
UC Systemwide Business Officers Institute, December 2003
UCI LEAP Administrative Management, 2002
UCI LEAP Supervisory Leadership Spedallzed Stadies, 2003
AFFILIATIONS
Member, Board of Directors, Irvine Sister Cities Foundation, 1992-Present
Participant. UCI Student Services Staff Development Diversity Workshop. 1996
Recipient, Affirmative Action Staff Development Scholarship Award,1993 (SS00)
• Completed LIght Urban Rescue course at UC[, May 1996
• Certified in CPR and First Aid, March 1996, August 2001
• Complued Fire Eattiaguisher Tnuning at UC1,1985
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
APRIL 24, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Puckett
Commissioner Kozak, Lee, and Nielsen
Staff present Elizabeth Binsack, Community Development Director
Christine Shingleton, Assistant City Manager
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -APRIL 10, 2007, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Kozak, to approve the
Consent Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Given 2. PRESENTATION ON MAJOR ELEMENTS OF
AMENDMENTS TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE
CITY OF TUSTIN AND TUSTIN LEGACY PARTNERS LLC;
THE PROPOSED PEDESTRIAN BRIDGES WITHIN THE
PROJECT AREAS; AND, THE RELATIONSHIP AND
STATUS OF THE LINEAL PARK DESIGN.
Shingleton Presented a PowerPoint show with an overview of the Master
Developer's plans for developing the Legacy; and, indicated she
would be willing to return to the Planning Commission on a regular
Minutes -Planning Commission 4-24-07 -Page 1
basis to answer questions and provide whatever presentations
necessary to keep the Commission apprised. of ongoing
developments.
Floyd Indicated that would be appreciated since the Commissioners get a
lot of questions to which it would be good to have answers; the
presentation this evening was especially helpful in solidifying the
concept of the bridges that are replacing the arches originally
planned.
Shingleton Stated that the Master Developer must spend a minimum of $20
million on the three bridges.
Nielsen Asked if any updates were available regarding the adjacent County
park.
Shingleton Answered that the County has entered into an exclusive agreement
to negotiate with Industrial Realty Group (IRG). It is expected that
IRG will take approximately two-three months to prepare a more
detailed concept plan; at that point, the County, City and IRG will
make a presentation to the Advisory Council and National Park
Service; the challenge is the threshold of commercialization
anticipated to be proposed by IRG; the County has requested the
property as a public benefit conveyance to be used for public .
purposes; the developer is proposing over 790,000 square feet of
commercial/retail use; this level or threshold commercialization is
much higher than what the Park Service has seen. The trade-off is,
without the commercialization, it may be difficult to save the hangar,
there will be a strong lobbying effort mounted in approaching the
federal government working with IRG and the County. If we are
unsuccessful, other options will need to be considered.
Floyd Asked how much of the square feet of retail would be the hangar
portion.
Shingleton Stated the hangar is .currently 300,000 square feet, but the proposal
considers interior space that could include two or three levels which
could double or triple the available space; a wing could also be
added to support a major retailer that would be designed to support
other recreational and park uses on the site.
Floyd Suggested that everything planned could be within the hangar.
Shingleton Answered that would be unlikely; at least 100,000 square feet of
alteration may be in addition to the hangar; 3,000 to 4,000 people
per day are anticipated to be drawn to the proposed retail use.
Minutes -Planning Commission 4-24-07 -Page 2
Nielsen Indicated that he hoped the hangar can be saved
Asked if the Development Agreement discussion regarding the
guest parking had been resolved,
Shingleton Answered in the negative; the item will be continued again.
Floyd Stated he wished to speak about this issue further during
Commissioner concerns.
Shingleton Indicated that the City also needs to consider what is fair in terms of
what has been asked of the other developers at the Legacy.
Kozak Asked the Assistant City Manager to provide an example
Shingleton Stated that Lennar was approved for 150a units with certain parking
accommodations; TLCP should receive the same equal and fair
consideration; the City is a real estate partner with this entity and
receives a backside portion of the participation on a threshold of
internal rate of return that may be exceeded and has a financial
stake in this developer being successful and also has a stake in
ensuring that the quality of the neighborhoods are protected.
Nielsen Thanked the Assistant City Manager for the presentation and for
answering the questions.
Given 3. PRESENTATION REGARDING THE EXISTING
CULTURAL AND HISTORIC RESOURCE DUTIES AND
RESPONSIBILITIES; AND, AGENDIZE THE CONSIDE-
ATION OF AN UPDATED WORK PROGRAM FOR A
FUTURE MEETING.
Reekstin Presented the staff report.
Nielsen Asked if during the past two years the HRC looked at updating the
Residential Design Guidelines.
Reekstin Answered in the negative; and, added that some consideration was
given to commercial design guidelines to supplement the residential
design guidelines.
Nielsen Asked if the HRC planned outreach to the Scholl District regarding
making presentations on Old Town history.
Reekstin Responded that outreach was always a concern perhaps not
specifically to the School District but to various groups and to invite
the public to attend discussion sessions such as the Miils Act
program and other programs related to historic preservation that the
City offers.
Minutes -Planning Commission 4-24-07 -Page 3
Nielsen Stated his question related more to reaching out to the schools; Old
Town presents a phenomenal resource history and outreach to the
School District would seem advisable.
Reekstin Indicated he had no recollection of any outreach over the years that
targeted school children.
Nielsen Asked for an update regarding the EI Camino Park that was
mentioned in the minutes.
Director Stated the reference was to a vacant parcel that is owned by the
Redevelopment Agency; Public Works commenced development of
the respite, but staff will have to bring back information whether or
not the project is complete.
Kozak Added his recollection that at one time connectivity to the parking
structure was proposed.
Director Affirmed Commissioner fCozak's recollection.
Nielsen Asked how far the HRC proceeded regarding the commercial
design guidelines.
Reekstin Responded the suggestion was discussed preliminarily as a desire
to look into the idea, but no further staff involvement took place.
Kozak Commented that the members of the Planning Commission are
committed to the stewardship of the HRC and to preservation and
revitalization of Old Town and the historic Overlay District;
members of the Commission have registered far the OHP
Workshop May 3rd; the Commission will make decisions involving
Old Town preservation and related matters within the context that
all Commission decisions are made, i.e. in the best interests of the
community; he supports preservation and revitalization of Old Town
and is excited about the opportunity to participate in the process
and offered the following suggestions for the work plan:
• Institute amulti-year program with annual goals
• Review and update the Design Guidelines
• Create Commercial Design Guidelines
Preserve the CLG and Overlay District
Weigh in on the ULI Town Center Study
Update the Historical Survey every five years
Floyd Asked staff for information regarding the Historical Survey and
staffs involvement in that process.
Reekstin Answered that the Survey was comprehensively updated five years
ago; ten years might be a mare realistic time frame for updating the
Minutes -Planning Commission 4-24-07 -Page 4
~-
survey given the housing stock that would be included; houses that
are 50 years old will soon be homes that were built in the 60s;
historic preservation professionals are looking at the issue of
dealing with those types of properties that were often tract homes
rather than custom homes.
Floyd Stated the Commission needs to look at the last Survey to make a
determination how to proceed.
Kozak Indicated it was not his intention to assign dates but only to suggest
a working relationship between staff and the Commission and also
interested parties in the community; work effort priorities need to be
established and then scheduled over time in order for the
Commission to present to the community their active engagement
in the process.
Nielsen Suggested that perhaps a work plan should be outlined and then a
group workshop scheduled that would include interested parties
providing their input.
Kozak Noted that would demonstrate the support of the program as it goes
forward to the City Council
Floyd Stated his understanding that workshops would include invitations
to the interested parties to attend and provide comments.
Noted that there were several people at the City Council meeting
voicing their concems regarding the consolidation of the HRC into
the Planning Commission, especially given that none of the
Commissioners live in Old Town and did not have a vested interest
in the Overlay District; that presumption is not true; every street in
the City if equally important; the Planning Commission has always
supported the preservation of the historic district.
Kozak Added that the Planning Commission will bring a deliberate and
iterative process to the work tha# comes before the Commission;
there is a lot of work to do and the input from the community will
enhance the process.
Puckett Indicated that an Old Town resident approached hirn at the
Business Expo with the question whether or not the Planning
Commission will be able to do as good a job as the HRC; he
answered that the Planning Commission shares the concerns of the
residents of Old Town.
Floyd Noted that the Mills Act should also be the subject of a workshop;
and, referred to a recent article in the newspaper describing the
impact of the Mills Act on historic communities.
Minutes -Planning Commission 4-24-07 -Page 5
Floyd continued The commendation program needs to continue and may require
working with former members of the HRC.
The Residential Design Guidelines .need to be updated and
commercial guidelines created.
Puckett Asked about the plaques that designate historic homes, how the
homes are nominated, who pays the cost of the plaque, and how
many homeowners have accepted/declined the plaque designation.
Reekstin Answered that the cast is borne by the homeowner; the Council
authorized up to four plaques per year that would be paid for by the
City under the commendation program; there are no figures
available for those who have declined a plaque.
Director Suggested that developing a work program will take some time; the
Commissioners' feedback has been beneficial; staff will bring back
more information; short-term goals with programs continuing would
be the best way to begin; items can be agendized.
Floyd Asked if staff would have items that could be agendized during the
next quarter.
Director Answered in the affirmative; and, noted the article referred to above
was in the Sunday LA Times; staff will a-mail the article to the
Planning Commission.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE APRIL 17, 2007,
CITY COUNCIL MEETING.
Director reported The City Council heard an in-building public safety radio coverage
ordinance related to the 800 MHz program; as evidenced in the
Legacy presentation, more dense, subterranean buildings are
planned in the future, which may impair police and fire
communications; there will be a repeater system within some of the
structures; the City adopted an ordinance that amended the local
Building Ordinance to incorporate those requirements; staff will be
meeting with the City of Irvine to discuss how to make the system
work seamlessly as they have already adopted an ordinance.
Floyd Stated he was not aware of Tustin having any buildings that would
be affected.
Director Indicated there are not any buildings currently but there will be. ~ ,
Minutes -Planning Commission 4-24-07 -Page 6
Director continued The City Council held the public hearing on the 2047-08 CDBG
one-year action plan; staff will be making application to HUD.
The City Council held the first reading on the Historic Resource
Committee/Planning Commission consolidation; the second reading
will take place at the next Council meeting; the ordinance will take
effect thirty days beyond that meeting.
The City Council considered the Specific Plan Amendment related
to parking; a discussion occurred at the meeting regarding whether
or not that was the same ordinance the Planning Commission
considered; it was; however, the ordinance the Planning
Commission considered pertained to tandem parking and compact
issues in certain locations; an issue that was addressed at the City
Council meeting was a footnote related to guest parking that was
not a part of the amendment.
Floyd Noted that the Planning Commission did not receive quite the same
presentation the Council received; the Commission is on record as
being concerned about parking issues on projects such as Arbor
Walk and guest parking overflowing onto Newport Avenue.
Director Added that, in general, parking is an issue; establishing a standard
may work in one instance and not in another.
Kozak Suggested that a policy allowing parking in the public right-of--way
to count against requirements for a private development would
create a lower standard.
Director Stated that would be difficult to answer; for example, in Tustin
Ranch, public streets for single family residences were permitted to
count toward guest parking requirements; however, those also
included longer driveways, sometimes athree-car garage was
required, or larger driveway aprons may have been required; this
may not be the case in other planned communities.
Floyd indicated that his community is restricted to two automobiles per
house.
Nielsen Pointed out there are also different requirements at Tustin Field.
COMMISSION CONCERNS
Nielsen Congratulated Pat Sanchez, Director of Parks and Recreation, on
his retirement; he has been a friend to the community of Tustin and
has gone above and beyond the call of duty; he will be sorely
missed.
Minutes -Planning Commission 424-07 -Page 7
Nielsen continued Stated he attended the Chamber of Commerce Business Expo
which was a very good event for looking at all the businesses in
Tustin and to talk with people; anyone wanting to know about any
of the businesses in Tustin should make very effort to attend this
event next year.
Noted his appreciation of all the volunteerism of those who served
on the Cultural Resources/Historic Resource Committee {HRC);
they did a good job and kept people interested in the Old Town
district; he wished to reassure the former members of the HRC that
he takes very seriously the responsibilities the HRC performed prior
to the assignment of those duties to the Planning Commission; the
goals and commitment will not be diminished, and the Commission
has no plans to bulldoze and plant; his formative years were spent
in a Victorian home that was bulldozed for the construction of
apartment buildings; his dedication to the preservation of historic
homes remains strong.
Lee Thanked the Assistant City Manager for the presentation regarding
the master developer's plans for the Legacy.
Added his commitment to preserving Old Town; and, stated it will
be exciting for the Planning Commission to get involved in another
aspect of the community. _ _
Kozak Added his thanks to the Assistant City Manager for the update on
the changes to the DDA with Tustin Legacy Community Partners
and also for providing a better understanding of the location,
design, and scale of the bridges.
Indicated that the responsibilities of the HRC will not be taken
lightly; he has been a member of the National Trust for Historic
Preservation for years, and this gives him an opportunity to learn
more about preservation and get involved in the Tustin community.
Noted he is looking forward to the training on May 3`d at the
Preservation Conference in Hollywood.
Mentioned there was an article in the Orange County Register
about the fund-raising efforts of the children at St. Jeanne de
Lestonnac, one of 102 schools and 26 countries that are raising a
minimum of $10,000 to build a $1,000,000 school in the Congo that
will have 28 classrooms and serve 1400 elementary students
through the high school grades; this is related to the 400''
anniversary of The Company of Mary and the gift of education; the
local St. Jeanne school has raised $7,000 of their $10,000
commitment.
Minutes -Planning Commission 4-24-07 -Page 8
Kozak continued Indicated he is interested in teaming more about what the
Commission can do about a voluntary green program for the City of
Tustin; and, asked that staff bring back information for the
Commission to consider.
Puckett Echoed the other Commissioners' comments regarding the Legacy
presentation; this area will be a destination point of which the City
can be proud.
Encouraged everyone to attend the luncheon for Pat Sanchez
tomorrow at the Community Center.
Congratulated the Chamber on the fine job they did on the
Business Expo, which was completely sold out.
Stated he is also looking forward to the May 3`~ training session.
Floyd Noted that the Commissioners probably should not carpool to
Hollywood due to Brown Act restrictions.
Kendig Stated that no more than two Commissioners should ride per
vehicle; and, added that the Commissioners should also take care
not to convene and discuss Planning Commission items.
Puckett Congratulated Chair Floyd on his appointment to the Tustin
Community Foundation; there were 15 Board members selected
from throughout the City; Erin Nielsen is also a member of the
Foundation.
Floyd Thanked Commissioner Puckett, indicating he is honored and
looking forward to working with the Foundation.
Reiterated that residents of Old Town should be reassured that the
Planning Commission will take seriously the responsibilities the
Council has given to the Commission to preserve and protect and
move forward and will ask for recommendations from the residents
of Old Town.
Indicated he will be attending the Sanchez retirement luncheon.
Commended the Chamber of Commerce regarding the success of
the Business Expo, which gets bigger and better every year.
Thanked staff for the two presentations this evening.
Stated The District at the Legacy and the master developer project
are awesome projects for which the City should be receiving more
publicity.
Minutes -Planning Commission 4-24-07 -Page 9
Director Noted that TJ Maxx is stocking and hiring.
Floyd Asked if the May 10 opening for some stares is still accurate.
Director Indicated that some temporary certificates of occupancy may be
issued; staff will update the Commission as things move along.
8:27 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, May 8, 2007, at 7:00 p.m. in the City Council Chamber
at 300 Centennial Way.
B Floyd
Chairperson
C:/~
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 424-07 -Page 10
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MAY 8, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Sworn in by 1. SEATING OF COMMISSIONERS STEVE KOZAK, AL
Mayor Lou Bone MURRAY, AND JOHN NIELSEN
2. PLANNING COMMISSION REORGANIZATION
Floyd, Chairperson RECOMMENDATION:
Nielsen, Chair Pro
Tern That the Planning Commission follow the procedures
contained in the staff report to elect a Chairperson and
Chairperson Pro Tem.
It was moved 6y Puckett to nominate Commissioner Floyd as
Chair, seconded by Kozak. Motion carried 5-0.
It was moved by Puckett to nominate Commissioner Nielsen as
Chair Pro Tem, seconded by Floyd. Motion carried 5-0.
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Nielsen
Commissioners Kozak, Murray, Puckett
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Eloise Harris, Recording Secretary
PUBLIC CONCERNS
Jerry Amante, Congratulated the three Commissioners who were sworn and
Mayor Pro Tem welcomed Commissioner Murray to the Planning Commission.
Stated the City Council is anxious to continue to expand the role
of the Planning Commission; this is an exciting time to be
engaged in community development and look at the opportunities
throughout the City; the Planning Commission makes decisions
that affect the lives of Tustin residents; the Council is concerned
Minutes -Planning Commission May 8, 2007 -Page 1
when appointing people to the body that the best available
candidates are selected.
Mentioned that Councilman Davert also wanted to offer his
congratulations but was unable to attend this meeting due to
family obligations.
Mayor Bone Added that the Council is very proud of the work of the members
of the Planning Commission during the past year; there are big
challenges ahead such as the Urban Land Institute, The Legacy,
Old Town, etc.; the Planning Commission represents the future of
what will be the Council's and the City's direction.
Announced that he is proposing to the Council and to the City that
the Planning Commission meetings be televised beginning the
first meeting in July.
Norbert C. Desch, Stated that he lives in the Columbus Grove community and asked
16611 Mosscreek that the Commission consider the parking issues and CC&Rs that
Street, Tustin come before the Commission regulating some of the association
decisions that are being made.
There seems to be a misunderstanding in the Columbus Grove
community. There is a meeting scheduled May 23 at 5:00 p.m. in r-,
the Columbus Grove Community Center to address these issues. ~
~I
It seems that the subdivision has been allocated approximately
600 private on-street parking spaces; the regulations also state
that some spaces need to be designated for guests and
handicapped; it also says that no resident may park in the
remaining 575 parking spaces. Many residents were cited before
the community was able to obtain a suspension. The Association
insists that this is a matter of the CC8~Rs and must be abided by.
City staff should take a careful look at this issue and try to attend
the May 23`~ meeting in order to perhaps resolve this situation
before it becomes a negative. It is somewhat distressing that the
Association called the meeting for 5:00 p.m. but lack of interest
and concern seem to be part of the problem. The members of
the Association were appointed; only one is a resident in his area
and the others represent the builders.
Floyd Questioned whether Mr. Desch was stating the homeowners do
not have full control of the homeowners association board.
Mr. Desch Answered in the affirmative; and, added the residents will not
have that opportunity for two years.
Minutes -Planning Commission May 8, 2007 -Page 2
~"T :
CONSENT CALENDAR
Approved 3. APPROVAL OF MINUTES -APRIL 24, 2007, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Kozak, to approve the
Consent Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Provided direction 4. ALCOHOLIC BEVERAGES CONTROL WORKSHOP:
to staff
THE CITY HAS RECEIVED REQUESTS TO EXTEND
HOURS OF OPERATIONS LIMITATIONS IMPOSED
UPON ON- AND OFF-SITE ALCOHOLIC BEVERAGES
SALES ESTABLISHMENTS. THE PLANNING
COMMISSION SHOULD REVIEW THE CITY'S PAST
PRACTICES AND VARIOUS OPTIONS GOVERNING THE
OPERATION OF ALCOHOLIC SALES ESTABLISHMENTS.
RECOMMENDATION:
That the Planning Commission consider the subject matter
and provide direction to staff.
Ogdon Presented the staff report.
Kozak Asked if the property right referred to in the staff report refers to a
property right through the conditional use permit.
Ogdon Answered in the affirmative; conditional use permits may be viewed
as an entitlement that can be transferred with the property; if a
restaurant owner wants to sell the business, he may advertise the
property as having a certain type of alcoholic beverage license that
creates the expectation that when the business is transferred it may
be operated in a like fashion.
Director Added that there is not a significant urgency or specific application
pending; this is a broader issue; requests typically hinge on the
hours of operation, expansion of anon-conforming use, expanding
the floor area, etc.; the focus noted are establishments that serve
alcohol that is consumed on-site; however, there are also concerns
regarding convenience stores; problems have occurred in the
southwest area; the City established rather rigid restrictions and
guidelines because of the negative secondary effects such as
people consuming alcohol and things happening in the parking lots,
underage serving, underage drinking, drug, sales, etc.; the City has
Minutes -Planning Commission May 8, 2007 -Page 3
restricted telephone booths outside; there could be significant crime
problems; it is important that staff be able to respond when an
applicant comes in who wants to have the same conditions as
others; there have been cases where particular hours of operation
were requested by an applicant and staff included the request in the
application; other applications have requested dance facilities with
alcohol sales and very little food served; it would be difficult to write
a standard set of rules to accommodate all scenarios.
Floyd Stated he thought there was a regulation in California that
prohibited the sale of alcohol past 2:00 a.m.
Director Indicated the ABC will regulate that no matter what the City does.
Floyd Asked about the 1:30 a.rn. restriction on The Legacy, rather than
2:00 a.m.
Director Stated the regulations were included in the MCAS Specific Plan
Amendment.
Murray Noted that he is familiar with this sort of restriction as a result of
overseeing operations at the Irvine Spectrum Center, the 1:30 a.m.
restriction was imposed to discourage people from drinking heavily
during that last half hour and being more highly intoxicated for their --
drive home; ABC does not always mandate the restriction.
Nielsen Asked if the people coming forward are current licensees who want
changes.
Director Answered in the affirmative.
Nielsen Asked if staff knows the number of licensees per capita in Tustin
versus other cities in the County; and, questioned whether Tustin
would be high or low regarding licensees.
Director Stated it was her understanding that Tustin is over concentrated
pursuant to the ABC regulations.
Nielsen Asked if staff has received direct input from other licensees who
may not be wishing to make any sort of changes in the hours of
operation.
Director
Nielsen
Director
Asked if Commissioner Nielsen's question referred to outreach to
individuals.
Answered in the affirmative.
Responded in the negative but indicated that staff would be willing
to do that.
Minutes -Planning Commission May 8, 2007 -Page 4
Murray Asked if the locations in question had prompted extensive calls for
service regarding public safety.
Director Indicated that one location had a sign cant number of calls for
service involving Code Enforcement, the Police Department, and
the City Attorney; that location went out of business; another
request was for the extension of hours; the Director was not aware
whether or not that location had any calls for service; there have
been calls for service related to the center.
Floyd Asked if staff was looking for a standardization of all hours of on-
site and off-site sales to make it easier for applicants, City staff, etc.
Nielsen Stated his opinion that standardization throughout would do some
good and eliminate some of the issues that exist.
Puckett Noted that he agreed with standardization; and, asked how many
units have been grandfathered.
Ogdon Indicated he did not have that information.
Floyd Suggested those that were grandfathered would also have a variety
of hours of operation.
Puckett Stated his understanding that standardization would require them to
follow suit.
Floyd Noted he did feel any of the grandfathered sites were under the
1:30 a.m. restriction.
Kendig Agreed that the grandfathered locations would have no restrictions
on their hours.
Kozak Asked if the MCAS Specific Plan standard for on-site
establishments were imposed as the standard, would alternative
hours prior to 1:30 a.m. be considered.
Nielsen Questioned whether Commissioner Kozak was suggesting
segmenting standardization per license type.
Kozak Answered in the affirmative; there are differences in terms of
distances i.e. a 1:30 a.m. closing standard would allow for the
applicant who wished to close at 12:00 a.m.
Floyd Suggested that would be a part of the application process.
Kozak Asked what sort of issues such a request might trigger.
Minutes -Planning Commission May 8, 2007 -Page 5
Ogdon Indicated that the examples provided were applicant choice; the
problems occur when the ownership changes and request are
made to change the hours of operation.
Kozak Suggested that if the 1:30 a.m. standard were to be recommended
and adopted, no business would be allowed to exceed the 1:30
time but could close earlier.
Floyd Noted, for example, that if Kogami were sold, the new ownership
could choose to serve alcohol until 1:30 a.m.
Kozak Stated that he understood that; he was trying to determine whether
or not that would continue all or some of the enforcement
discrepancies in terms of hours of operation.
Director Indicated that lounges or bars are not approved; establishments
need to be bona fide eating establishments.
Nielsen Asked if the Code would trump existing conditional use permits that
have been previously issued and grandfathered.
Kendig Answered that the Code would not trump existing approved
conditional use permits until the use was abandoned.
~-
Floyd Suggested that the Commission's consensus seemed to be to
standardize the hours and use the MCAS as a guideline; however,
staff must be careful not to open areas of Tustin that are
accustomed to 11:00 p.m. closing to extend the hours and cause
problems for the residents.
Nielsen Stated that the Commission does not have a complete record of on-
site establishments that close at 11:00 p.m. versus midnight; and,
suggested that the Commission look at standardization but at least
get an idea of hours of operation throughout the City to avoid
making the situation worse instead of better.
Kozak Agreed with Commissioner Nielsen, also noting the recordation of
service call information referred to by the Director regarding
whether a call from a center concerned an ABC establishment
would be useful for the Planning Commission to have, thereby
assisting the Commissioners' understanding, geographically, the
areas of cancem; in terms of standardization, the appeal or petition
for a change through the Community Development Director should
involve standards to assist the applicant in understanding how
many service calls might have occurred under the current
operation.
Murray Indicated that the Commission needs to be thoughtful and
considerate about balancing economics with quality of life;
Minutes -Planning Commission May 8, 207 -Page 6
Y i ~
geographic locations may be a major factor in some areas and not
in others; input from public safety would be useful.
Nielsen Reiterated that the Commission needs more information regarding
hours of operation on-and off-site across the City.
Floyd Agreed that the direction to staff should be a standardization of the
hours.
Director Stated an appreciation for the use of standardization language;
stated that if a business were to come in and ask for hours of
operation from 10:00 a.m. to 10:00 p.m., staff would probably
provide an approval; if the business were to be sold and the new
owner came back with a request to be open until 2:00 a.m., staff
would like to have the ability to consider the request and perhaps
allow that time frame.
Nielsen Asked if it would be possible to include "not to exceed" a certain
time.
Director Indicated that might be a possibility.
Kozak Added that the Specific Plan regulates the distance requirements
which should be discussed by the Commissioners.
Nielsen Stated that the distances are different for all sorts of different uses
and municipalities with no way to know the number of on- versus
off-site establishments or whether or not there is currently a
distance problem.
Ogdon Asked if Commissioner Nielsen was referring to the fact that there
are smaller distance requirements for The Legacy than the
standard Code.
Nielsen Answered in the affirmative.
Ogdon Stated that most of The Legacy will be an urban center with mixed
uses close to residential uses; some of those distances were
determined based on that kind of density.
Floyd Suggested that the same issue will exist with the development of
Prospect Village where there will be twelve units close to a bar on
Main Street.
Director Indicated that the process does not work in reverse; there have
been other issues such as gas station with a convenience store that
is separated by an arterial plus a flood control channel plus blocks
walls with residences on the other side; that is plenty of separation
but is still within the distancing requirements and no alcohol may be
sold, putting the business owner at a disadvantage.
Minutes -Planning Commission May 8, 2007 -Page 7
Kozak Asked how effective a distance requirement standard would be in
helping to control and enforce a density concentration.
Director Indicated that the City's purpose in establishing distancing
requirements is protecting the quality of life not only over
concentration; ABC wil! not issue a license that violates their over
concentration requirement; there have been occasions when the
ABC has indicated an intention not to issue a permit and staff has
said that it is warranted; the ABC requires a letter that states this
meets a public necessity for the area.
Floyd Suggested that ABC may say that but there are instances, for
example in the San Fernando Valley, where there seem to be two
liquor establishments controlled by ABC in one block.
Director Stated that could be a situation that is non-confirming due to being
established before the laws were established or could be based on
the population.
Ogdon Reminded the Commissioners that the Santa Ana example
provided in the staff report had distance requirements because they
perceived a problem; Tustin could implement something similar.
Floyd Asked if staff had enough direction to proceed.
Director Answered in the affirmative.
Provided direction 5. HISTORIC AND CULTURAL RESOURCES WORK
to staff PROGRAM:
AS A FOLLOW-UP TO THE APRIL 24, 2007, PLANNING
COMMISSION MEETING, THIS REPORT PROVIDES
ADDITIONAL INFORMATION REGARDING THE DUTIES
AND RESPONSIBILITIES THAT WERE IN THE HISTORIC
RESOURCE COMMITTEE'S WORK PROGRAM.
RECOMMENDATION:
That the Planning Commission received this report, provide
direction to staff, and agendize the consideration of an
historic and cultural resources work program for a future
meeting.
Reekstin Presented the staff report.
Floyd Suggested that it would be more convenient for the Planning
Commission to consider these items during the regularly scheduled
meetings rather than in a workshop forum prior to the meetings.
Minutes -Planning Commission May 8, 2~~7 -Page 8
Nielsen Reiterated that the Planning Commission should solicit information
from other historical organizations, such as the Tustin
Conservancy, for recommendations; he would prefer that these
items be a part of the regular agenda.
Puckett Indicated that it should be established that these items be
agendized for the first meeting of the month and at the first part of
the meeting so that interested residents would not have to sit
through a large portion of the agenda to reach the historical and
cultural items.
Kozak Agreed with putting these items at a time certain each month.
Floyd Asked if the commendation program had been a quarterly item for
the Historic Resource Committee (HRC).
Reekstin Answered in the affirmative.
Floyd Reiterated that it would be important to include other agencies to
bring forward nominations and recommendations to the staff and to
schedule the items on a quarterly basis as a part of the regular
meeting.
Reekstin Stated that the HRC made the approval, but any person or
organization may nominate a property for a plaque.
Floyd Asked what the normal time frame has been for the plaque
program.
Reekstin Answered there has been no set time frame.
Director Added that the City would pay for one plaque per quarter under the
commendation program; however, the plaque program is funded by
the property owner, the Planning Commission would authorize the
plaque.
Floyd Confirmed that the Mills Act is an ongoing informational item and
that the City Council approves those contracts.
Nielsen Asked if a property under the Mills Act is sold the new buyer would
be obligated under those terms.
Reekstin Answered in the affirmative.
Floyd Stated that he liked the idea of keeping the Commission informed
of the exterior building permits in order not to delay anything and to
keep those as a part of the Consent Calendar.
Minutes -Planning Commission May 8, 2007 -Page 9
Puckett Indicated that four of the Commissioners went to Hollywood for
preservation training; one of the subjects was the California Historic
Resources Inventory Database (CHRID); asked if that would be
similar to what the City has in the Historic Resource Survey.
Reekstin Answered that CHRID provides similar types of information but is
more technology based.
Puckett Asked if that might be something the Commission should
investigate.
Reekstin Suggested that if the City's Survey were to be updated, staff might
want to look into that and try to be as state of the art as possible.
Nielsen Asked what staff is using now to archive this information.
Reekstin Responded that the information is primarily a hard copy; there is
some information on disc, but it is not accessed that way.
Floyd Stated that it was surprising to him that only three cities are
presently using CHRID; and, added that he provided the
information to the Community Development Director.
Nielsen Added that he noticed the Office of Historic Preservation provided
uplinks to exchange data.
Floyd Stated it was interesting to see all the different groups of people
involved in the workshop.
Kozak Asked if staff might be developing information regarding Items 1-5
and intending to bring those items back one item at a time as staff
did tonight far Items 6-9.
Reekstin Indicated in the affirmative.
Kozak Noted that he did some research on the Office of Historic
Preservation website and, in particular, the Certified Local
Government (CLG) program; there is not a lot of information and
what is there is generalized; asked that staff provide more in-depth
information regarding the CLG to help the Commission develop a
common understanding of what that might mean to historical
preservation in Tustin.
Nielsen
Reekstin
Asked if the City had ever requested a CLG grant.
Responded that grants have not been requested in the last few
years but grants were received on several occasions in the past.
Minutes -Planning Commission May 8, 2007 -Page 10
Floyd Indicated that last year only five were granted for eight applicants; it
sounded as though cities do not even bother with grant-writing, so it
would be interesting to have an idea what the process might gamer
far the City.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE APRIL 3, 2007,
CITY COUNCIL MEETING.
Director Congratulated Commissioners Kozak and Nielsen on their
reappointments to the Planning Commission; and, welcomed
Commissioner Murray.
Reported the City Council continued the Development Agreement
to the June 5, 2007, meeting; the Specific Plan Amendment related
to parking was also continued to the May 15, 2007, meeting.
Stated the Council adopted the In-Building Public Safety Radio
System Coverage ordinance; the Building Division staff met with
the City of Irvine, which has already instituted their ordinance, to
hear how the system is working in !ruins.
Noted that staff, possibly at the next Planning Commission meeting,
anticipates reporting on the upcoming Housing Element update
process and the Regional Housing Needs Assessment numbers;
these items are related because those numbers feed the Housing
Element.
COMMISSION CONCERNS
Murray Stated he is looking forward to working with staff and the other
Commissioners, to teaming the process, and to providing as much
assistance as possible.
Thanked the Council far his appointment.
Puckett Suggested that the Commission should recognize Jim Lee for his
service; he should be contacted to find out if he would like to
receive a plaque at a meeting or in private.
Kozak Congratulated Chair Floyd on his reappointment as Chairperson
and also for his appointment to the Police Chiefs Advisory
Committee.
Welcomed Commissioner Murray and congratulated Gommissioner
Nielsen on his selection as Chair Pro Tem.
Minutes -Planning Commission May 8, 2007 -Page 11
Kozak continued Congratulated Commissioner Nielsen on his appointment to the
Police Chief s Advisory Committee.
Thanked staff for providing the opportunity to attend the California
Preservation Foundation OHP workshop on May 3, 2007; he looks
forward to future opportunities far similar training.
Indicated he has been noticing a proliferation of plastic corrugated
super caffeine charged beverage signs at gas stations and at the
car wash at Main Street and Newport; he is curious as to whether
these locations came to the City for approvals; he is not sure haw
massive the problem could become; these are at eye level at gas
station aisles and other convenience stores and should be
investigated.
Stated that at Elizabeth on the north side of Irvine, there is a small
strip mall; the landscaping in the public right-of-way is filled with
weeds and debris; Cade Enforcement should ask the property
owner to beautify that area.
Nielsen Offered his congratulations to Commissioner Murray and to
Commissioners Kozak and Puckett.
Indicated that he attended the Tustin Conservancy's First Annual
Awards Dinner at Quinn's; there were approximately 65 people in --
attendance; and, offered his congratulations to ali the nominees
and winners.
Noted he also attended the Preservation workshop on May 3ro and
found it enlightening and educational.
Reminded everyone the Tustin Chili Cook-Off takes place June and.
Thanked staff for their presentations.
Murray Indicated that he would be very interested in attending any future
training that exists for Planning Commissioners.
Floyd Congratulated Linda Jennings (who was in aftendance in the
Chamber) for the wonderful Conservancy dinner; there were judges
from all over Orange County judging the homes and businesses; it
was a proud moment for Tustin and historic preservation.
Stated he fel# the training at the OHP workshop was useful and that
he would like to attend any similar training that becomes available
in the future.
Offered his congratulations to the new Commissioner and the two
Commissioners who were reappointed.
Minutes -Planning Commission May 8, 2007 -Page 12
Floyd continued Thanked his fellow Commissioners for reappointing. him as Chair.
Thanked staff for their presentations.
8:32 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, May 22, 2007, at 7:00 p.m. in the City Council Chamber
at 300 Centennial Way.
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission May 8, 2007 -Page 13
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MAY 22, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Nielsen
Commissioners Kozak and Puckett
Absent: Commissioner Murray
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Minoo Ashabi, Associate Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -MAY 8, 2007, PLANNING
COMMISSION MEETING.
It was moved by Kozak, seconded by Nielsen, to approve the
Consent Calendar. Motion carried 4-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Received and 2. HOUSING ELEMENT AND REGIONAL HOUSING NEEDS
filed ASSESSMENT UPDATE:
HIGHLIGHTS OF THE MOST PERTINENT ACTIONS
THAT HAVE BEEN TAKEN AND ARE SCHEDULED TO
OCCUR IN THE NEXT TWO (2) MONTHS BY THE CITY
OF TUSTIN AND THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS WITH REGARDING
RHNA.
Minutes -Planning Commission May 22, 2007 -Page 1
RECOMMENDATION:
That the Planning Commission receive and file this report.
Reekstin Presented the staff report.
Director Added that in November 2006 the draft number provided by SCAG
was 2,530; at that time, there was a concern regarding the
replacement need that included the 985 units at the former MCAS
Tustin; early in 2007, staff received an additional number, after
SCAG had agreed to remove the 985 units; the number went up to
3,344.
Floyd Verified that staff did win the SCAG appeal.
Director Indicated that there were very few appeals approved for the greater
SCAG region; the overall number approved was over 4,000; those
appealed units will be reallocated to the City; even though the 985
appealed units were approved, the City will receive some of those
as reallocated units including the 985 units.
Nielsen Complimented staff and the City Council for their diligence and
persistence in the appeal efforts.
Kozak Commended staff for their determination.
Asked about AB 2158 factors mentioned in the SCAG FAQs.
Reekstin Answered that those factors can be considered in the Regional
Housing Needs Assessment process to provide for possibly
adjusting the housing need number.
Director Stated those factors were included in the California Government
Code and are the only reasons the RHNA numbers would go down.
Floyd Asked what was behind the "one" appeal process.
Director Answered Senate Bill 12; SCAG proposed the one appeal; the City
indicated that in some instances the City was in favor of SB 12 with
certain revisions, additional appeals being one of the issues.
Kozak Asked if the updated Housing Element will be returned to the
Planning Commission.
Director Answered in the affirmative; the updated Housing Element will
require a General Plan Amendment; the Planning Commission is
required to hold at least one public hearing on that document and to
make a recommendation to the City Council.
Minutes -Planning Commission May 22, 2007 -Page 2
It was moved by Puckett, seconded by Nielsen, to receive and file
the report. Motion carried 4-0.
Received and 3. MCAS TUSTIN MITIGATION MONITORING AND
filed REPORTING (MMRP) PROGRAM:
IN ORDER TO COORDINATE IMPLEMENTATION OF THE
MMRP, A REGULAR REVIEW OF THE PROGRESS OF
THE PROGRAM IS REQUIRED. PURSUANT TO THE
MMRP, AN ANNUAL REVIEW AND A BRIEF PROGRESS
MEMORANDUM BASED ON THAT REVIEW SHALL BE
PREPARED BY THE CITY AND TRANSMITTED TO THE
CITY COUNCIL FOR ACCEPTANCE AFTER
COMPLETION.
RECOMMENDATION:
That the Planning Commission receive and file this report.
Willkom Presented the staff report.
Puckett Stated this was a very good report.
Nielsen Agreed that it was an excellent report.
Kozak Suggested that everything anyone might want to know about the
mitigation monitoring program was in the report.
Asked staff what has been happening with Katherine Spur.
Director Answered that the Spur has been reviewed often and will be again;
the City Council has asked staff to bring back a recommendation on
the various options available.
Puckett Stated that he has a neighbor who indicated he might attend
tonight's meeting regarding Katherine Spur; apparently he was
unable to attend; his neighbor's property backs up to the Spur, and
he was curious to find out what might be happening with that
space.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE MAY 15, 2007,
CITY COUNCIL MEETING.
Director Reported that the City Council held the first reading for the MCAS
Specific Plan related to a Parking Amendment; the second reading
will be held at the first City Council meeting in June; staff will
Minutes -Planning Commission May 22, 2007 -Page 3
provide a copy of the text amendment to the Commissioners for
inclusion in their copies of the Specific Plan.
COMMISSION CONCERNS
Puckett Welcomed the Director back from her brief vacation.
Reminded everyone the Chili Cook-Off takes place June 3.
Indicated there is a sign at Danny's Carwash that does not look like
a permitted sign; and, asked that code enforcement investigate.
Reminded everyone that the community meeting regarding parking
issues at Columbus Grove takes place tomorrow evening; and,
asked if anyone intended to be there.
Director Responded that staff has scheduled a meeting with Mr. Oesch at
City Hall but will not be attending the community meeting..
Puckett Added that he will be participating in a charity 100-hole golf
marathon at Hartwell Park in Long Beach on June 4; his goal is to
raise $5,000; he would appreciate everyone's support.
Kozak Thanked staff for their well-prepared, informative reports.
Noted that UCLA's Public Policy advance announcement of the
course list for Fall includes at least three interesting land use items:
1) Planning for Non-planners; 2) General Plan Review and Update;
and 3) Historic Preservation under CEQA; the latter may be of
special interest since the Planning Commission has been assigned
the historic preservation oversight responsibilities.
Indicated he looks forward to seeing everyone at the Chili Cook-Off.
Nielsen Stated he stopped by the Home and Garden Tour last Saturday; it
seemed well-attended and there were several informational booths.
Thanked staff for their detailed reports.
Puckett Noted that the Commissioners are beginning to receive invitations
to ribbon-cuttings at The District; it is important that Commissioners
attend to show their support for this project as they have for other
projects in the City.
Floyd Suggested that staff consider scheduling a walking tour in Old
Town Tustin as a future Planning Commission meeting and notice
the community. Perhaps one tour could be scheduled for the
residential area and another scheduled for the commercial area. It
Minutes -Planning Commission May 22, 2007 -Page 4
is important to include the residents and perhaps conclude at a
community center/clubhouse or the Tustin Chamber of Commerce.
Tours also could be scheduled for the Southwest area, the Legacy,
Tustin Meadows, etc.
Director Asked if the Commission would like staff to prepare a list of
definable areas, bring the list to the Commission, and have the
Commission determine an order of priority, beginning with Old
Town.
Floyd Answered in the affirmative; and, indicated that it might be best to
begin the tour(s) at 5:30 p.m. and meet at 7:30 with the residents;
tour(s) would only be scheduled when there is nothing else on the
agenda.
Kozak Stated he thought this was a good idea and perhaps something that
could be included in the historic resource work program
Director Indicated that the Commissioners should assume that the next
meeting will be a regular meeting and the second meeting in June
could be scheduled as a walking tour of Old Town.
It was moved by Puckett, seconded by Kozak, to receive and file
the report. Motion carried 4-0.
7:35 p.m. ADJOURNMENT
It was moved by Nielsen, seconded by Kozak, to adjourn the
meeting. Motion carried 4-0.
The next regular meeting of the Planning Commission will be held
Tuesday, June 12, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
,~
;'
Bre d
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission May 22, 2007 -Page 5
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JUNE 12, 2007
7:01 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Nielsen
Commissioners Kozak, Murray, and Puckett
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Edmelynne Huffer, Assistant Planner
F Eloise Harris, Recording Secretary
PUBLIC CONCERNS
Linda Jennings, Stated that the Tustin Preservation Conservancy has scheduled
350 South B Street the first round of trolley tours through Old Town on July 7 and 21
leaving at 10:00 a.m., 12:00 p.m., and 2:00 p.m. The trolley,
provided by AI Ricci, North Hills Realty, holds about 25 people,
and the cost per ticket is $2.00 per person.
Approved CONSENT CALENDAR
APPROVAL OF MINUTES -MAY 22, 2007, PLANNING
COMMISSION MEETING.
2. RECEIVE AND FILE CERTIFICATE OF APPROPRIATE
REPORT REGARDING OLD TOWN PROJECTS
APPROVED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT FROM JANUARY 22, 2007, TO JUNE 5,
2007.
3. TUSTIN HISTORIC REGISTER NOMINATION - 515 WEST
THIRD STREET.
Minutes -Planning Commission 6-~ 2-07 -Page 1
RECOMMENDATION:
That the Planning Commission approve the nomination of
515 West Third Street to the Tustin Historic Register Plaque
Designation Program.
It was moved by Kozak, seconded by Nielsen, to approve the
Consent Calendar. Motion carried 5-0.
Floyd Asked that Item #3 be pulled for discussion.
It was moved by Kozak, seconded by Nielsen, to reopen the
Consent Calendar. Motion carried 5-0.
Floyd Stated he drove by the nominated home; it is very nice and well-
maintained and is the former home of "Big John" Stanton, Tustin's
first Police Chief.
Nielsen Questioned whether the Commission would continue to hold this
responsibility or might the task be delegated to the Tustin
Preservation Conservancy or the Tustin Historical Society.
Director Clarified the difference between the plaque and commendation
programs; when a residence is nominated for commendation, the
City pays for the plaque; this particular nomination was already in
the process before the Planning Commission was appointed to take
over these nominations.
Nielsen Suggested this process should be agendized for a future meeting
as part of the historic work program.
Murray Asked if there is some means of looking at the numbers and the
value of such a plaque and possible diminution if there were an
over-saturation of plaques.
Floyd Stated that would be a good question to include in the discussion
when the item is agendized.
Nielsen Added his opinion that the property at 515 West Third Street is
beautifully maintained; and, asked if it was necessary to make a
new motion.
Kendig Answered in the affirmative.
It was moved by Puckett, seconded by Nielsen, to approve the
Consent Calendar. Motion carried 5-0.
Minutes -Planning Commission 6-12-07 -Page 2
PUBLIC HEARINGS
Adopted Resolution 4. CONDITIONAL USE PERMIT 07-006 REQUESTING
No. 4061, as APPROVAL TO ESTABLISH A MASTER SIGN PROGRAM
amended TO PROVIDE DIRECTIONAL INFORMATION FOR NEW
RESIDENTIAL DEVELOPMENTS AT VARIOUS
LOCATIONS WITHIN THE CITY OF TUSTIN. THIS IS A
CITY-WIDE PROJECT IN VARIOUS ZONING DISTRICTS.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4061
approving Conditional Use Permit 07-006.
7:10 p.m. The Public Hearing opened.
Huffer Presented the staff report.
Floyd Asked for further clar'~ication as to how this will reduce sign clutter.
Director Answered that Condition 2.1 requires 100 percent participation; no
other signs of any kind will be allowed in the right-of-way or other
off-site locations; staff believes these signs will provide a mutual
benefit.
Nielsen Asked if the lettering will be reflective and whether or not that would
be a question better put to the applicant.
Staff Suggested the applicant should respond.
Nielsen Stated that, since the applicant is responsible for sign maintenance,
it would be a good idea to consider graffiti prevention.
Bryan Starr, Indicated that the lettering can be reflective if that is the Planning
representing the Commission's desire; the maintenance and replacement of
Building Industry damaged or vandalized signs will include immediately taking care
Association (OC) of any graffiti.
Floyd Suggested that reflectivity could be an issue.
Director Stated that as long as there is not too much glare or reflectivity into
the right-of-way, the City engineers probably would accept such a
design; it will be necessary for the applicant to get an
encroachment permit prior to placing the signs in the right-of--way.
Minutes -Planning Commission 6-12-07 -Page 3
Nielsen Noted it was not his desire to add conditions; he was asking a
general information question; and, asked whether or not this would
be precedent-setting, considering some of the in-fill projects taking
place in Tustin, such as condominium tear-downs and rebuilds.
Director Responded that setting a precedent should not be a concern since
this will be a master planned community similar to the Tustin Ranch
development; this is a discretionary action, and staff has provided
findings for the Commission's consideration.
Puckett Stated this looks like an excellent program; asked how many signs
will be in use after project build out; and, suggested the program
could be very beneficial to the City far directional purposes.
Director Answered that at this point all the signs are required to be removed;
it may be conceivable to keep track of which ones are more
beneficial, and the City may consider installing at some point as
with the Old Town commercial signs.
Floyd Indicated that the installation of the Old Town directional signs has
been one of the best projects he's seen in a city.
Kozak Echoed Commissioner Puckett's comments; the program's design
and colors are appealing and the consistency will be a welcome
change; his concem is that the signs will attract graffiti; removing
graffiti should be specifically referenced in the condition; there is no
reference to replacing damaged panels and/or avoid gaps in the
signs (as the developments are closed out); gaps would not be
aesthetically pleasing; replacing gaps with a blank panel would be
his suggestion.
Floyd Indicated his understanding that gaps would be replaced with a
directional sign to something else.
Nielsen Asked why the aluminum was changed to treated wood.
Mr. Starr Stated that the product, referred to as MDO, is a medium density
overlay, a treated wood that repels the outdoor elements, is quicker
to reproduce, and is consistent with the sign posts.
Kendig Stated that the applicant submitted an a-mail earlier today that
should be circulated to the Commissioners and included in the
permanent record.
Minutes -Planning Commission 6-12-07 -Page 4
Kendig continued Provided the following language to replace Condition 2.8: "Sign
construction, maintenance, repairs, replacement, and graffiti
removal shall be the responsibility of the applicant at no cost to the
City."
Murray Asked if the logo design is firmly established.
Floyd Suggested that the City's website could perhaps be added below
the City's logo.
Mr. Starr Indicated two panels will be dedicated to the City and could be used
for that purpose.
Floyd Stated that decision could be left up to staff to decide.
Director Noted that Condition 2.7 indicates the City reserves the right to add
the City's logo, moniker, or other special font to the header panel of
all the signs and also the right to advertise certain issues.
Floyd Acknowledged, for the public record, receipt of the e-mail; and,
noted the applicant's name is misspelled "Stark" on the application.
Mr. Starr Thanked staff, especially Edmelynne Huffer and Justina Willkom,
for their excellent work working with the BIA; and, stated the
applicant accepts all the conditions of approval.
It was moved by Puckett, seconded by Murray, to adopt Resolution
No. 4061, as amended. Motion carried 5-0.
REGULAR BUSINESS
Received and 5. ZONING CODE UPDATE:
filed
THE PLANNING COMMISSION WILL CONSIDER THE
ZONING CODE UPDATE SCHEDULE AND PROVIDE
GENERAL INPUT TO STAFF.
RECOMMENDATION:
That the Planning Commission receive and file this report.
Reekstin Presented the staff report.
Kozak Verified that the parking requirements included in the Zoning Code
would be related to land use not on-street parking.
Minutes -Planning Commission 6-12-07 -Page 5
Reekstin Answered that the focus would be on private parking.
Nielsen Stated his hope that the Zoning Code designations will be user-
friendlyfor those who use it on a regular basis.
Director Noted that staff may modify the schedule and bring some of the
areas to the Planning Commission, pefiaps in a workshop format,
in advance of the public hearing stage.
Floyd Asked how far the suggested time frame might be pushed.
Director Indicated it will be later than the November date shown on the staff
report, due to the RFP process through the Redevelopment Agency
for the ULI study; the intention is to mesh the two.
It was moved by Puckett, seconded by Kozak, to receive and file
the report. Motion carried 5-0.
Received and 6. PLANNING COMMISSION AREA TOURS:
filed
THE PURPOSE OF THE TOURS WILL BE TO PROVIDE
THE PLANNING COMMISSION WITH AN OVERVIEW OF
VARIOUS AREAS OF THE CITY FROM A COMMUNITY
DEVELOPMENT PERSPECTIVE. IT IS ANTICIPATED
THAT THE FIRST TOUR COULD BE SCHEDULED FOR
JUNE 26, 2007.
RECOMMENDATION:
That the Planning Commission receive and file this report.
Reekstin Presented the staff report.
After lengthy discussion, it was the consensus of staff and the
Commission that these tours will require more extensive
preparation and noticing; the tentative plan to tour Old Town
residential neighborhoods on June 26"' was postponed.
It was moved by Puckett, seconded by Kozak, to receive and file
the report. Motion carried 5-0.
STAFF CONCERNS
7. REPORT OF ACTIONS TAKEN AT THE JUNE 5, 2007,
CITY COUNCIL MEETING.
Minutes -Planning Commission 6-12-07 -Page 6
Director reported The City Council approved Development Agreement 06-002 with
the Tustin Legacy Community Partners.
The John Wayne Airport averages were down but there were three
complaints; staff will follow up and report back to the Planning
Commission as to what those complaints were.
COMMISSION CONCERNS
Floyd Congratulated Commissioner AI Murray who was recently
promoted to Lieutenant, City of Irvine Police Department.
Puckett Stated he attended the ribbon-cutting ceremonies at PetSmart and
Costco in The District; he also visited the old Costco in The Market
Place and can report the business at that location does not seem to
be affected.
Indicated the Chili Cook-off was a huge success, with an estimated
32,000 people attending.
Noted he completed the golf marathon and received pledges of
$5,550.
Offered congratulations to Patti Winter and Ken Henderson, Tustin
Woman and Man of the Year, respectively.
Murray Stated he found the Tustin Street Fair and Chili Cook-off very
enjoyable; the attendance was outstanding.
Noted he attended four ribbon-cuttings.
Indicated the State of the City luncheon was nicely done; the staff
presentation showcased the efforts for the City.
Added his congratulations to the Tustin Man and Woman of the
Year.
Thanked his fellow Commissioners for making him feel welcome.
Kozak Echoed the congratulations of his fellow Commissioners to the Man
and Woman of the Year.
Thanked staff for their work.
Congratulated AI Murray on his promotion.
Minutes -Planning Commission 6-12-07 -Page 7
Kozak continued Thanked staff for the opportunity to attend the State of the City.
Noted the Chili Cook-off was outstanding; the Tustin Brewery won
for the third straight year for best chili; hats off to everyone who
contributed to this best-ever event.
Reminded everyone that Concerts in the Park will begin June 20.
Suggested that the landscaping at Don Jose's at the comer of Holt
and Newport needs new sod and irrigation.
Nielsen Indicated it is always nice to see positive information regarding
Tustin, such as the well-attended Chili Cook-off, in the County
newspaper.
Congratulated Lieutenant Murray.
Congratulated the Tustin Man and Woman of the Year.
Noted he attended the Costco and PetSmart openings which were
both a lot of fun.
Stated he looks forward to the trolley tours in Old Town.
Thanked staff for their input and hard work.
Puckett Added that the Man and Woman of the Year banquet was very well
done; this event takes a great deal of planning, and Linda Jennings
should be commended for the job she did this year.
Noted that he attended the Eagle Court of Honor at the Tustin
Presbyterian Church, the finest Eagle Court of Honor he has ever
attended; and, congratulated Commissioner Nielsen on the job he
has done with that troop.
Floyd Thanked Commissioner Nielsen for the invitation to the Troop 243
ceremony, where Stephen Tjan was awarded his Eagle Scout
badge; only four percent of Boy Scouts become Eagle Scouts.
Puckett Pointed out that Commissioner Nielsen is himself an Eagle Scout.
Nielsen Noted that Commissioner Puckett is also an Eagle Scout.
Floyd Thanked staff for their presentations this evening.
Minutes -Planning Commission 6-12-07 -Page 8
Floyd continued Stated that he is hearing compliments from his neighbors regarding
The District.
Indicated he plans to take one of the trolley tours.
Noted that he was out of town and missed the State of City
luncheon; and, requested a copy of the video presentation.
Kozak Thanked staff for providing the Commissioners with the map books
that were placed in their briefcases.
8:40 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, June 26, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
,,
.'
!~ re Floyd
airpers n
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 6-12-07 -Page 9
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JULY 10, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Nielsen
Commissioners Kozak, Murray, and Puckett
Staff present Elizabeth Binsack, Community Development Director
. David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -JUNE 12, 2007, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Murray, to approve the
Minutes. Motion carried 5-0.
Approved 2. TUSTIN HISTORIC REGISTER NOMINATION - 455 WEST
THIRD STREET
RECOMMENDATION:
That the Planning Commission approve the nomination of
455 West Third Street to the Tustin Historic Register Plaque
Designation Program.
Floyd Indicated that Commissioner Nielsen wished to pull Item No. 2 for
discussion.
Nielsen Stated that he felt it was important to recognize and comment on
these nominations; he visited the property and found a beautifully
well-kept home; he heartily endorsed the recommendation.
Minutes -Planning Commission 7-10-07 -Page 1
Floyd ,Noted that he also visited the property and was impressed by its
appearance; the property owners are Dave and Sandra Rost and
the historic name is "The Silver House."
Murray Added that he also drove by the house and felt the white picket
fence provided a very nice touch; and, indicated there seems to be
a renovation underway at the property on the corner of A and Third
Streets.
It was moved by Nielsen, seconded by Puckett, to approve the
recommendation. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Provided direction 3. TOUR OF OLD TOWN RESIDENTIAL AREA
to staff
Based on staffs suggestions presented in the report, the
Planning Commission should provide specific direction to
staff regarding the proposed tour of the Old Town residential
area, including the format, route, meeting location, and
public outreach.
RECOMMENDATION:
That the Planning Commission provide direction to staff.
Reekstin Presented the staff report.
Floyd Interrupted to state that the tour can start at the Senior Center, but
the regular Planning Commission meeting would need begin in the
Council Chamber at 7:00 p.m.
Reekstin Continued with the report, pointing out the route and the stops
where the people on the tour may exit the van and walk for a short
distance to focus on the architecture in the area.
Murray Complimented staff on the report; and, suggested that it may be
beneficial to have a digital camera available along the route in order
to photograph notable structures and also to have a checklist of the
focal points with space for taking notes.
Reekstin Indicated that staff plans to prepare more detailed information for
use on the tour.
Puckett Asked if this will be a walking tour.
Minutes -Planning Commission 7-10-07 -Page 2
Reekstin Answered the proposal is for a van route with a stop; the dashed
portion shown on the route would be the walking portion; those
unable to walk could remain on the van as the driver would
continue to drive the van to the next point.
Puckett Indicated that he would be fine with whatever staff arranges.
Floyd Pointed out the van stops would be posted ahead of time so that
residents or others would know what the time frame might be.
Reekstin Noted that staff is still working on the noticing aspect of the tour.
Nielsen Questioned whether the noticing would be major public media or
individual mailers.
Kendig Stated that staff will comply with Brown Act requirements regarding
the noticing.
Nielsen Suggested that starting at the Senior Center and winding up at the
Council Chamber would require a special meeting notice.
Kendig Responded in the affirmative; there would be two meetings; the
route would be described for the special meeting but would not
include a specific time commitment.
Nielsen Indicated his understanding that the City Attorney had trepidation
regarding this format; and, asked if the new plan would be
acceptable.
Kendig Answered in the affirmative.
Kozak Asked if the two meetings would be linked in terms of having
discussion at the regular meeting about issues raised on the tour.
Kendig Stated that would be up to the Planning Commission; the item
could be included on the agenda.
Director Noted it would be beneficial for staff to hear the Planning
Commissioners' thoughts at the regular meeting in order to compile
that information.
Floyd Indicated that, since Commissioner Kozak will be absent from the
July 24, 2007, meeting, the tour should be planned for a meeting in
August.
Nielsen Stated it is important that all the Commissioners be in attendance.
Floyd Suggested that pefiaps the first meeting in August would be a
possible alternative.
Minutes -Planning Commission 7-10-07 -Page 3
Director Asked for direction from the Planning Commission regarding
notification; reiterated the suggested forms of notification presented
in the staff report; and, indicated that targeted mailing would
perhaps be more appropriate than a mailing to all the residents in
the vicinity.
Floyd Agreed that blanket mailings are not the best method in these
cases, because someone will always be missed; the Chamber of
Commerce is a good outreach source.
Nielsen Stated that it is important to contact the groups directly related to
preservation; a mailing to all the property owners may be cost
prohibitive.
Floyd Suggested that an article in the newspaper by the local reporter
would be a possible way to assist the residents of the community in
understanding the purpose of these tours.
Murray Asked if the Director had a recommendation fora particular
outreach medium that would be the most effective.
Director Answered that in the past outreach was provided to all the people
mentioned above, taut the question was why a direct mailing to
everyone in the District was not done; part of the concern of a direct
mailing is that current property owners are not always known; there
is also a risk of setting a precedent.
Floyd Reiterated that the newspaper article/press release, targeted
mailing, and information posted on the City's website seem to be
the most logical plan.
Director Indicated that staff can also poll the leadership of the preservation
groups for names of other individuals who would like notification.
Kozak Stated his agreement with Chair Floyd's comment; and, added that
the Planning Commission's new role in the area of historic
preservation requires special attention to Old Town for educational
purposes; the more input the better in terms of the work program
being established.
Murray Suggested that postings in the area of the Concerts in the Park
could be acost-effective approach to reaching the residents.
Floyd Asked if there might be an informational City booth at the concerts.
Director Indicated staff could check on that possibility.
Puckett Stated his approval of the plan.
Minutes -Planning Commission 7-10-07 -Page 4
Received and 4. FISCAL YEAR 2006-2007 IN REVIEW
filed
The Community Development Department Activity -Fiscal
Year 2006-2007 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.
Director Indicated that staff had formerly presented this report on a calendar
year and would be switching to the fiscal year because it is easier
for budgeting purposes; and, suggested that the Commissioners
might want to highlight special projects of interest for a future tour.
Nielsen Mentioned that this report shows how much work has been
accomplished in a short period of time; and, complimented staff on
their hard work.
Asked how Ainsley Park and the senior housing project are coming
along.
Director Indicated that both are going well; and, explained how the
developer met the building permit thresholds.
Floyd Suggested this report should be on the City's website.
Director Answered that staff would check into that possibility; the information
was provided to Lisa Woolery, the City's Communications Manager;
it is likely she will be providing some of the information to the.
newspaper.
Nielsen Asked for an update regarding the circulation issues with the cities
of Irvine and Santa Ana.
Director Indicated the City is still working with the City of Newport Beach on
the issues pertaining to the IBC and the pending lawsuit; the City
continues to meet with the Santa Ana staff regarding mitigation
measures.
Kozak Asked for the status of Cathy's Kids and the Strata project at
Mitchell and Newport.
Director Responded that Cathy's Kids still has an active building permit; the
temporary use permit expires in October.
Minutes -Planning Commission 7-10-07 -Page 5
Kozak Asked if the project is on schedule.
Director Answered in the negative.
Floyd Mentioned that the Planning Commission granted a 30-day
extension.
Director Stated that the project is behind schedule even with the extension.
Indicated that Strata and Public Works are in discussions regarding
the corner parcel.
Puckett Referred to the temporary sign at Danny's Carwash; and, stated his
assumption that a permanent sign will be installed when the
driveway work is completed.
Director Indicated that is staff's expectation.
Puckett Referred to the graffiti statistics; and, asked if those are up or down
from previous years.
Director Answered that staff is taking a proposed ordinance to the City
Council next Tuesday; the City spent approximately $173,000 the
last fiscal year on graffiti removal, which is significantly more than
was spent the previous year; Code Enforcement Officer George
Wiesinger is preparing a chart that shows the comparative
numbers; staff is asking that Council consider graffiti on facilities
within the public right of way be removed within 48 hours or the City
can recover its costs for that removal.
Puckett Suggested that graffiti removal involves more than spray paint.
Director Stated that any nuisance condition would be included.
Murray Asked, since graffiti can be considered a quality of life issue, if there
would be any way to assess a fine to the violators.
Director Indicated staff and the Police Department have been considering
that possibility, but it is difficult process.
Floyd Noted that it is often hard to identify the offender(s); referred to
white goods removal, the recovery of those costs, and the new
ordinance regarding signs that includes cost recovery for removal of
illegal signs.
Kozak Encouraged staff to include decals in the definition of graffiti; these
decals are often on publicly awned signs and create a visual blight.
Minutes -Planning Commission 7-10-07 -Page 6
Director Indicated her belief that the graffiti definition is broad enough to
include decals; staff will double check.
It was moved by Puckett, seconded by Murray, to receive and file
the report. Motion carried 5-0.
STAFF CONCERNS
7. REPORT OF ACTIONS TAKEN AT THE JUNE 19 AND
JULY 3, 2007, CITY COUNCIL MEETING.
Director Reported that the City Council considered proposed City branding
which may mean modification of the City's logo; staff will bring
further information to the Planning Commission when it becomes
available.
COMMISSION CONCERNS
Puckett Stated he was happy to be back in Tustin after a trip to Kansas and
Oklahoma where the flooding has been unbelievable.
Indicated he plans to attend the ribbon-cutting at Farmers &
Merchants Bank tomorrow at The District; it is important that the
Commissioners show their support by attending these events if at
all possible.
Noted that the progress at The District is wonderful to behold and a
great thing for Tustin.
Murray Added that he has been attending the ribbon-cuttings and enjoying
the development of The District; noted he was pleased to see the
water element is getting started; and, complimented the
Commissioners and staff for the planning that went into this project.
Added that the Chamber of Commerce notifications are very helpful
and appreciated; and, noted the Recording Secretary has provided
helpful information to him as a new Commissioner.
Puckett Noted that the Commissioners have not missed aribbon-cutting
since the Recording Secretary began e-mailing the Chamber flyers.
Kozak Offered his congratulations to City Councilman Jim Palmer
regarding his selection to the Corporation for National and
Community Service, nominated by the President in May, and
recently confirmed by the Senate; the Corporation oversees
AmeriCorp, SeniorCorp, and FreedomCorp.
Minutes -Planning Commission 7-10-07 -Page 7
Kozak continued Complimented all those involved in the spectacular Fourth of July
program; the finale was the best he had ever seen.
Thanked staff for their hard work.
Nielsen Added his congratulations to Councilman Palmer; no one is better-
deserving. of such a national appointment.
Echoed Commissioner Kozak regarding the Fourth of July program
and the workers involved; the event was very well attended; the
cover band actually looked like the Rolling Stones.
Congratulated the residents of Tustin Meadows for their annual
Fourth of July parade, which has turned into a community event; it
was good to see Chairman Floyd on a vehicle, waving to the people
and throwing candy to the children.
Puckett Asked what kind of vehicle the Chair was riding on.
Floyd Stated that it was a new Ford Mustang convertible.
Nielsen Reminded everyone the Trolley Tours begin the 215 of July; and,
encouraged everyone to enjoy a ride.
Noted that the ribbon-cuttings have been enjoyable to attend; it is
wonderful to see the businesses opening in The District and other
parts of the City.
Commended the Chamber for doing a great job keeping everyone
informed regarding this hectic pace.
Floyd Added his congratulations to Councilman Palmer; his involvement
in the community is amazing and being awarded a Presidential seat
is wonderful honor for him and the City, the County, and the State
of California.
Thanked Tustin Meadows for inviting him to participate in the
Fourth of July celebration; the residents are to be commended for a
tremendous party and parade.
Reminded everyone that Concerts in Park will be continuing on
Wednesday evenings, after the break for the Fourth of July.
Encouraged Tustin residents to support the businesses opening in
The District and to take advantage of the free coupons available
online for free popcorn at the AMC theaters.
Minutes -Planning Commission 7-10-07 -Page 8
Floyd continued Thanked Cox cable for the first televised Planning Commission
meeting.
7:50 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, July 24, 2007, at 7:00 p.m. in the City Council Chamber
at 300 Centennial Way.
f..
,~ ~~~
~__
Jo ielsen
Chairperson Pro Tem
-,
`.__ _ ,
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 7-10-07 -Page 9
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JULY 24, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Nielsen
Commissioners Murray and Puckett
Absent: Commissioner Kozak
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Eloise Harris, Recording Secretary
PUBLIC CONCERNS
Linda Jennings, Indicated that the first trolley ride/architectural tours through Old
Tustin Preservation Town Tustin were sold out; the rides continue on August 4 and
Conservancy 18, at 10:00 a.m., 12:00 p.m., and 2:00 p.m.; tickets can be
reserved at the Tustin Historical Society.
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -JULY 10, 2007, PLANNING
COMMISSION MEETING.
It was moved by Nielsen, seconded by Murray, to approve the
Consent Calendar. Motion carried 4-0.
PUBLIC HEARINGS
Continued to the 2. CONDITIONAL USE PERMIT 07-010 REQUESTING
August 14, 2007, AUTHORIZATION TO OPERATE A 30-LANE BOWLING
Planning ALLEY, ARCADE, AND RESTAURANT WITHIN AN
Commission EXISTING 28,000 SQUARE FOOT TENANT SPACE
meeting LOCATED WITHIN THE DISTRICT AT TUSTIN LEGACY.
THIS PROJECT IS LOCATED AT 2405 PARK AVENUE IN
THE SP-1-MCAS TUSTIN SPECIFIC PLAN DISTRICT
(PLANNING AREA 19 - COMMERCIAL) ZONING
DISTRICT.
Minutes -Planning Commission 7-24-07 -Page 1
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4062
approving Conditional Use Permit 07-010.
Floyd Stated it was his understanding that the applicant requested a
continuance of this item.
Director Indicated that staff received an e-mail from Vestar on behalf of the
applicant requesting a continuation; the Police Department will be
developing conditions of approval and reviewing those conditions
with Vestar and the applicant before presenting the conditions to
the Planning Commission.
Staff requested that the item be continued to the next Planning
Commission meeting, August 14, 2007. The Public Hearing should
be opened to allow for testimony this evening from anyone who
cannot attend on August 14; in the event the item is not ready on
the 14th, the Planning Commission could continue the item for
another two weeks.
7:03 p.m. The Public Hearing opened.
Floyd Asked if there was anyone present who wished to address the item.
7:04 p.m. The Public Hearing closed.
It was moved by Puckett, seconded by Nielsen, to continue the item
to the August 14, 2007, Planning Commission meeting. The motion
carried 4-0.
None REGULAR BUSINESS
STAFF CONCERNS
3. REPORT OF ACTIONS TAKEN AT THE JULY 17 2007,
CITY COUNCIL MEETING.
Director Reported that the City Council adopted the Graffiti Ordinance; the
second reading will take place at the August 7, 2007, City Council
meeting, and the Ordinance will take effect 30 days after that date.
COMMISSION CONCERNS
Puckett Indicated that he attended the ribbon-cutting at the Target earlier
today; people were lined up waiting to enter; this business adds 270
new jobs to the City of Tustin.
Minutes -Planning Commission 7-24-07 -Page 2
Puckett continued Stated that he had a small skin cancer removed from his forehead;
and, advised everyone to stay out of the sun.
Murray Noted that he continues to attend the ribbon-cuttings at the Legacy;
and, complimented staff on the development of this project.
Nielsen Indicated that, while it was great to see the trolley ride was sold out,
he is determined to go on the ride and will get his ticket order in
early for one of the August tours.
Floyd Indicated that he learned from Ms. Jennings before the meeting
that the trolley being used was formerly a Disneyland trolley.
Reminded everyone that the concerts in the park are continuing.
Noted he was unable to attend the Target ribbon-cutting; and,
thanked Commissioner Puckett for doing so.
Congratulated his nephew, Kelly Lee Floyd, who has just finished
his training at Fort Dix, will be home for 45 days, and then will be
shipping out to an as yet unknown destination; the family's prayers
and good wishes are with him.
7:15 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, August 14, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Charles E. Puckett
Acting Chairperson Pro Tem
-~
,~
lizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 7-24-07 -Page 3
TOUR OF OLD TOWN TUSTIN
5:30 P.M. - 6:45 P.M.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 14, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Commissioners Kozak, Murray, and Puckett
Absent: Commissioner Nielsen
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Director of Community Development
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved APPROVAL OF MINUTES - JULY 24, 2007, PLANNING
COMMISSION MEETING.
It was moved by Murray, seconded by Kozak, to approve the
Consent Calendar. Motion carried 3-0.
PUBLIC HEARINGS
Continued to the 2. CONTINUED CONDITIONAL USE PERMIT 07-010
August 28, 2007, REQUESTING AUTHORIZATION TO OPERATE A 30-
Planning LANE BOWLING ALLEY, ARCADE, AND RESTAURANT
Commission WITHIN AN EXISTING 28,000 SQUARE FOOT TENANT
meeting SPACE LOCATED WITHIN THE DISTRICT AT TUSTIN
LEGACY. THIS PROJECT IS LOCATED AT 2405 PARK
AVENUE IN THE SP-1-MCAS TUSTIN SPECIFIC PLAN
Minutes -Planning Commission 8-14-07 -Page 1
DISTRICT (PLANNING AREA 19 - COMMERCIAL}
ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4062
approving Conditional Use Permit 07-010.
Director Indicated that the applicant requested this item be continued to the
next Planning Commission meeting; no speakers were in
attendance; there was no need to open the public hearing.
It was moved by Murray, seconded by Kozak, to continue to item.
Motion carried 3-0.
REGULAR BUSINESS
Received 3. FOLLOW-UP DISCUSSION: TOUR OF OLD TOWN
and filed RESIDENTIAL AREA
The primary purpose of the discussion is to identify possible
future agenda items related to the Old Town Tustin
Residential area. The discussion also provides a forum for
the Commission to generally discuss the tour and to make
recommendations for future tours.
RECOMMENDATION:
That the Planning Commission receive this report and
provide direction to staff.
Reekstin Presented a brief staff report.
Puckett Stated he was very impressed with the tour; complimented staff on
the work done to put the tour and the materials together; and,
indicated that he learned things about Old Town architecture that
he had not been aware in his 32 years of driving up and down
those streets.
Added that Old Town is an area to be proud of and the residents
are to be complimented for making the area a real asset to the City.
Murray Noted that he learned a great deal about architecture on this tour,
and the pride in ownership and the maintenance of most of the
homes are very impressive.
Minutes -Planning Commission 8-14-07 -Page 2
Kozak Echoed the Commissioners comments regarding staff in putting the
tour together; the narration and photographs provided a sense of
pride and history of Tustin he had not felt before.
Indicated that this seemed relevant in terms of the Commission's
duties and responsibilities for historic preservation.
Stated he has a new appreciation for the architectural styles; the
variations within styles was very interesting; the dedication of
various property owners to preserving the properties and the work
being put into that part of town is to be commended.
Puckett Urged that future tours be agendized.
Director Indicated that tours would be scheduled as indicated on the list that
was provided previously to the Commission; the Old Town
commercial district will be scheduled next.
Kendig Stated that the public should be invited to comment on this item.
Linda Jennings, Stated that she is the President of the Tustin Preservation
350 South B Street Conservancy; thanked staff for the tour which was very well done; if
the Planning Commission would like to schedule the historical tour
provided by the Conservancy, she would be happy to arrange one.
Continued to HISTORIC REGISTER AND COMMENDED PROPERTY
August 28, 2007, PROGRAMS
Planning
Commission The Tustin Preservation Conservancy's interest in assuming
meeting responsibility for administering the Tustin Historic Register
Plaque Program and the Commendation Program was
expressed in a letter dated July 24, 2007. The Conservancy
Board has offered to receive plaque requests from local
residents and business owners, use the City's Historical
Survey to research the property, and order the plaques from
the same manufacturer that has been providing the plaques.
RECOMMENDATION:
That the Planning Commission receive this report and
provide direction to staff.
Reekstin Presented a brief staff report.
Linda Jennings Stated that the Board of Directors of the Conservancy debated this
issue for quite same time and discussed the ways in which the
Minutes -Planning Commission 8-14-07 -Page 3
Conservancy might be able to assist the City with this program;
when the City Council changed the Historic Resource Committee to
the Planning Commission, the goal was to reduce staff time; the
Conservancy sees this proposal as a step toward that goal; this is
something that could be handled by volunteers; the Conservancy is
willing to do that.
The applications for the Tustin Historic Register come from
homeowners; the research is performed using the Historical
Survey; it would be easy for the Conservancy to go through the
Survey, identify the homes, and make sure the names suggested
are appropriate. Nothing on the plaque identifies it as the City of
Tustin; it is called the Tustin Historic Register and has no City seal
or other symbol; the Conservancy has the same sources as staff for
picking and approving these sites. The sites are not approved to
have plaques because they look nice or are kept up well or any
such reasons. The houses are chosen because they are on the
Register and either an "A"- or "B"-rated house on the Survey and
there is some unique quality, i.e. the name of the person who lived
there, the architect, etc.
The Conservancy could perform the above duties exactly as the
City staff has been doing: receive the check from the homeowner,
order the plaque, and deliver the plaque when it is received.
Kozak Stated his thanks to Linda Jennings and the Board for bringing this
proposal forward; there are opportunities for the Planning
Commission to work in partnership with the Conservancy; it may be
necessary to look more carefully at the roles and responsibilities of
the Conservancy and those of staff in order to have a performance
measure for success.
Any decision on this item should be continued to allow for input
from Commissioner Nielsen and a discussion with the full
Commission. Perhaps staff could bring information to that meeting
relating to Commissioner Kozak's comments above and how the
system would work.
Murray Concurred with Commissioner Kozak's remarks; and, made a
motion to continue the item.
Puckett Agreed; and, asked for a second.
Kozak Asked if the continuance should be to a date certain.
Minutes -Planning Commission 8-14-07 -Page 4
Director Indicated that, since this item was not a public hearing, it could be
continued to the next meeting; there will be a second meeting in
August.
Kozak Seconded the motion to continue the meeting to the second
meeting in August. Motion carried 3-0.
Continued the item 5. PLANNING COMMISSION WORKSHOPS
to the August 28,
2007, Planning At the Planning Commission's request, staff will hold various
Commission workshops for the Planning Commission in the coming
meeting months.
RECOMMENDATION:
That the Planning Commission provide input to staff
regarding future workshop topics.
It was the consensus of the Planning Commission that this item
should be continued in order for the full Commission to discuss the
item and provide direction to staff.
6. REPORT OF ACTIONS TAKEN AT THE JULY 7 2007,
CITY COUNCIL MEETING.
Director Reported that the second reading of the Graffiti Ordinance took
place at the August 7, 2007, City Council meeting; the Ordinance
takes effect 30 days after that date.
The City Council will not hold a second meeting in August.
COMMISSION CONCERNS
Murray Thanked staff for the Old Town Tour and also the citizens who
participated.
Noted he continues to be impressed with everything he sees at The
Legacy.
Stated he looks forward to the next meeting and all the items
expected to be on the agenda.
Kozak Added his thanks and appreciation to staff and the residents of Old
Town for their contributions to the Old TownTour.
Minutes -Planning Commission 8-14-07 -Page 5
Kozak continued Congratulated Mayor Pro Tem Amante on his selection to
Chairman of the Transportation Corridor systems; and, noted that
Supervisor Pat Bates is the Vice Chair of that entity.
Noted that the Valero gas station on First Street has tiles on the
parapet roof that need replacement.
Puckett Echoed the above Commissioners comments regarding the Old
Town Tour; and, asked if members of the public could receive
copies of the tour booklet.
Staff Answered in the affirmative.
Puckett Stated he attended the ribbon-cutting at the new Wells Fargo Bank
at the District; he is attempting to attend all the ribbon-cuttings and
encouraged everyone to do so; from him time as Mayor in 1991
when the Base closed to now, seeing this all come to fruition is
tremendous.
Noted that, due to Brett Floyd's resignation, reorganization of the
Planning Commission should also be added to the next Planning
Commission agenda.
Murray Added that he noticed in the newspaper that Luke Walton of the
Los Angeles Lakers has opened a barbecue restaurant in The
Market Place.
Puckett Indicated that the restaurant is Joey's Smokin' Barbecue in the
former Crescent City restaurant location.
7:35 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, August 28, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
CHARLES E. PUCKETT
Chairperson Pro Tem
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 8-14-07 -Page 6
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 28, 2007
7:10 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Nielsen, Chair 1. PLANNING COMMISSION REORGANIZATION
Puckett, Chair Pro RECOMMENDATION:
Tem
That the Planning Commission follow the procedures contained in
the staff report to elect a Chairperson and Chairperson Pro Tem.
Commissioner Puckett nominated Commissioner Nielsen as
Chairperson. Commissioner Kozak seconded the motion. Motion
carried 4-0.
Commissioner Kozak nominated Commissioner Puckett as Chair
Pro Tem. Commissioner Murray seconded the motion. Motion
carried 4-0.
ROLL CALL
Present: Commissioners Kozak, Murray, Nielsen, and Puckett
Staff present Elizabeth Binsack, Community Development Director
Doug Holland, City Attorney
Dana Ogdon, Assistant Director of Community Development
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Justina WiAkom, Senior Planner
Minoo Ashabi, Associate Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 2. APPROVAL OF MINUTES - AUGUST 14, 2007,
PLANNING COMMISSION MEETING.
3. APPROVAL OF CERTIFICATE OF APPROPRIATENESS
REPORT REGARDING OLD TOWN PROJECTS
APPROVED BY THE COMMUNITY DEVELOPMENT
Minutes -Planning Commission 8-28-07 -Page 1
DEPARTMENT FROM JUNE 6, 2007, TO AUGUST 28,
2007.
4. TUSTIN HISTORIC REGISTER NOMINATION - 405 WEST
MAIN STREET.
RECOMMENDATION:
That the Planning Commission approve the nomination of
405 West Main Street to the Tustin Historic Register Plaque
Designation Program.
It was moved by Puckett, seconded by Murray, to approve the
Consent Calendar. Motion carried 3-0. Chair Nielsen abstained
due to his absence from the August 14, 2006, Planning
Commission meeting.
Continued to the 5. CONTINUED CONDITIONAL USE PERMIT 07-010
September 11, REQUESTING AUTHORIZATION TO OPERATE A 30-
2007, Planning LANE BOWLING ALLEY, ARCADE, AND RESTAURANT
Commission WITHIN AN EXISTING 28,000 SQUARE FOOT TENANT
meeting SPACE LOCATED WITHIN THE DISTRICT AT TUSTIN
LEGACY. THIS PROJECT IS LOCATED AT 2405 PARK
AVENUE IN THE SP-1-MCAS TUSTIN SPECIFIC PLAN
DISTRICT (PLANNING AREA 19 - COMMERCIAL)
ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission continue the public hearing to the
meeting of September 11, 2007.
Nielsen Invited anyone in attendance, who might not be able to attend the
September 11, 2007, Planning Commission meeting to come
forward to give testimony. No one approached the lectern.
It was moved by Kozak, seconded by Puckett, to continue the item
to the September 11, 2007, Planning Commission meeting. Motion
carried 4-0.
Adopted 6. CONDITIONAL USE PERMIT 07-009 REQUESTING
Resolution No. AUTHORIZATION TO ESTABLISH A VETERINARY CLINIC
4063 AT 3051 EDINGER AVENUE IN THE PLANNED
COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT.
Minutes -Planning Commission 8-28-07 -Page 2
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4063.
7:16 p.m. The Public Hearing opened.
Ashabi Presented the staff report.
Puckett Asked if the veterinarian is operating with another veterinarian at
this time.
Ashabi Answered in the affirmative.
Puckett Asked if the original veterinarian will stay at the location after Dr.
Hanson moves.
Ashabi Answered in the affirmative.
Nielsen Asked what percentage of the total tenants in Jamboree Plaza are
veterinarian uses.
Ashabi Answered that staff does not have an exact number; there are four
entitlements compared with approximately 30-40 uses within that
center.
Nielsen Asked if the conditions of approval provide stipulations for an
overnight attendant in the veterinary clinic.
Ashabi Responded that an overnight attendant is proposed when there is
boarding on-site.
Nielsen Asked whether or not that stipulation was in the conditions of
approval.
Ashabi Pointed out that condition 5.6 states that "a maximum of ten
patients would be boarded in the clinic for overnight care with a
technician on-site for supervision."
Nielsen Invited the applicant to the lectern.
Jen Long-Cortez, Stated that she was present on behalf of the applicant, Dr. Stephen
J.L. Hare Hanson; thanked staff for working with the applicant over the past
Associates few months in preparing the conditional use permit package; noted
the staff conditions of approval have been reviewed by the
applicant who accepts all those conditions contained in Resolution
No. 4063.
Minutes -Planning Commission 8-28-07 -Page 3
Ms. Long-Cortez Dr. Hanson is can-ently working in the advanced critical care and
continued internal medicine building but is working with an imaging-MRI
veterinary specialist who was providing care that is different from
what would remain in the same building.
Dr. Hanson has contracted with Steri-Cycle of Torrance; waste will
be picked up by that entity.
If the Planning Commission has any questions, Dr. Hanson is
available to answer those questions.
Puckett Asked if this would be an emergency room for animals.
Ms. Long-Cortez Answered this would not be an emergency hospital but regular care
for animals with existing conditions.
Dr. Hanson, Indicated there is an emergency facility within the complex that is
applicant open 24 hours providing emergency care; his practice is operated
on an appointment basis; he is occasionally contacted to handle
emergencies on a special, as-needed basis.
Nielsen Verified with the applicant that this is a neurological clinic.
Dr. Hanson Answered in the affirmative.
7:21 p.m. The Public Hearing closed.
It was the consensus of the Commission that this is a good use for
this site; all the Commissioners support staffs recommendation.
It was moved by Murray, seconded by Kozak, to adopt Resolution
No. 4063.
Continued to 7. ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096,
September 11, CONDITIONAL USE PERMIT 06-024, AND DESIGN
2007, Planning REVIEW 06-020 REQUESTING:
Commission
meeting 1. ZONE CHANGE 06-002 TO REZONE THE PROPERTY
FROM SUBURBAN RESIDENTIAL (R-4) ZONING
DISTRICT TO MULTIPLE FAMILY RESIDENTIAL (R-3)
TO REDEVELOP THE SITE WITH 77 CONDOMINIUM
UNITS;
2. TENTATIVE TRACT MAP 17096 TO SUBDIVIDE THE
4.1-ACRE SITE (NET AREA) INTO A 77-UNIT
RESIDENTIAL CONDOMINIUM PROJECT;
Minutes -Planning Commission 8-28-07 -Page 4
3. CONDITIONAL USE PERMIT 06-024 TO CONSTRUCT
STRUCTURES OVER 20 FEET IN HEIGHT WITHIN
150 FEET OF SINGLE FAMILY RESIDENTIAL (R-1)
ZONING DISTRICT; AND,
4. DESIGN REVIEW 06-020 FOR APPROVAL OF
BUILDING ARCHITECTURE AND SITE DESIGN AND
AMENITIES OF THE CONDOMINIUM PROJECT.
RECOMMENDATION:
That the Planning Commission:
Adopt Resolution No. 4064 adopting the Mitigated
Negative Declaration (MND) as adequate for Zone
Change 06-002, Tentative Tract Map 17096, Conditional
Use Permit 06-024, and Design Review 06-020 for
development of the proposed 77 residential
condominium unit project.
2. Adopt Resolution No. 4065 approving Conditional Use
Permit 06-024 for constructing buildings over 20 feet in
height within 150 feet of Single Family Residential (R-1)
zoning district and Design Review 06-020 for the
architectural/site design and amenities of the proposed
condominium project.
3. Adopt Resolution No. 4066 recommending that the City
Council adopt the MND for Zone Change 06-002,
Tentative Tract Map 17096, Conditional Use Permit 06-
024, and Design Review 06-020 and approve Tentative
Tract Map 27096 for the purpose of subdividing and
developing a 4.1-acre (net) site with 77 residential
condominium units.
Nielsen Stated for the record that he spoke with the developer and also
several of the neighbors of the surrounding properties.
Puckett Indicated that he also spoke with various residents but not at the
same times as Chair Nielsen.
Nielsen Asked if the one-page shade and shadow study represented the
entire study.
Ashabi Answered in the affirmative.
Minutes -Planning Commission 8-28-07 -Page 5
Nielsen Asked what the maximum unit density would be for that particular
site if the zone is changed to R-3 Residential, whether it would be
the actual number of units that are being proposed or a higher
density.
Ashabi Noted that the General Plan allows up to 25 dwellings per acre,
which would allow more units.
Nielsen Questioned whether more units could be allowed with the zone
change.
Ashabi Answered in the affirmative.
Nielsen Asked if hours of operation for construction would be normal hours
of operation.
Ashabi Stated the construction hours for the City are from 7:00 a.m. to 6:00
p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on
Saturday.
Nielsen Asked if additional mitigation measures are proposed during the
construction process.
Ashabi Answered that might be a question for the applicant.
Nielsen Stated he noticed in the staff report that the wall on the westem
property line being six feet in one section and 6' 8" in another; and,
asked which figure was correct.
Ashabi Indicated that 6' 8" is the maximum allowed and that is preferred for
this location; the condition of approval should be revised to 6' 8"
requirement.
Nielsen Noted that on the westem property line of those two-story homes
with lofts with windows in the loft area the windows would be
smaller; and, asked if the windows would be opaque.
Ashabi Answered that the preliminary plans have not addressed the type of
glazing, just the size and location of the windows.
Nielsen Asked if there are other projects in the City that have the R-3
zoning next to R-1 properties with 10-foot setbacks.
Ashabi Stated that the only R-3 property within proximity of this site would
be to the north of Mitchell.
Minutes -Planning Commission 8-28-07 -Page 6
Nielsen Indicated that his question was whether or not there are any
projects or residences currently anywhere in the south side of the
City that have R-3 residential next to R-1 residential with 10-foot
setbacks similar to this project.
Ashabi Responded that the question might require some research.
Director Noted that staff can provide the standards for R-1 versus R-3; there
may be varying differentials of setbacks where those might occur;
for example, if the setback is five feet or ten feet, individuals can go
up to that setback.
Nielsen Clarified that his question was geared toward whether or not this is
something new or something that has been done before in this area
of the City.
Director Stated that staff would need to research this question.
Murray Asked for the rationale for the increase in the setback from the 10
to the 15 in that one area that staff recommended.
Ashabi Responded that this is a reverse comer lot; the determination of the
frontage of the lot is the narrow dimension of the lot; the majority or
larger streetscape is along Browning Avenue which required that
15-foot setback.
Nielsen Questioned whether staff considers that afront-facing setback.
Ashabi Commented that it would also provide more privacy to those
residents that are adjacent to that property.
Nielsen Invited the applicant to the lectern.
Jim Magstadt and Stated this is the second in-fill project the developer has presented
Karen Sully to the Planning Commission; provided a PowerPoint presentation
during which he referred to 50-foot setbacks that actually included
the yards of the neighboring residents; and, stated his team was
available to answer any questions.
Kozak Thanked the applicant for his presentation; and, asked for more
information regarding the applicant's objection to the 15-foot
setback along Browning in Condition 1.8 and also about the fencing
along the westerly and southerly boundaries near the single-family
residences; for example, whether or not the new fence is being
proposed in addition to any existing fences and the 10-foot setback,
Minutes -Planning Commission 8-28-07 -Page 7
and whether or not there are garage openings that face the
residents.
Mr. Magstadt Stated the residents were informed of the original proposal for asix-
foot block wall; the applicant volunteered to meet the 6' 8"
maximum with any special treatment the neighbors might want on
the wall.
None of the garages face the adjacent residences. All the driveway
areas are internal.
The applicant stated specific suggested revisions to the conditions
of approval would be addressed at a later time.
Holland Noted that the Commission is conducting one hearing and now
would be the appropriate time to hear any objections regarding any
of the conditions of approval so the public would have the
opportunity to comment on those objections.
Kozak Asked for clarification whether or not the screening would be within
the 10-foot setback.
Mr. Magstadt Stated the landscaping within the neighbors' yards will be
augmented with a row of screening trees along the applicant's
property.
Kozak Verified that the 10-foot setback would be heavily landscaped.
Mr. Magstadt Confirmed that would be the case; and, stated the applicant is
prepared to plant whatever trees are necessary to satisfy the
screening desired.
Murray Stated that this is anice-looking project and very appealing from an
aesthetics standpoint; and, asked about the lighting plan.
Mr. Magstadt Answered that a lighting plan was submitted to the City; the
applicant has retained a lighting specialist; the lighting is geared so
that none reflects into the adjacent properties; decorative lighting
has been proposed to meet some of the City's new lighting
standards.
Murray Stated proper lighting is necessary not only regarding the
neighboring communities but also from a security standpoint; it is
important that conditions not be built in that might prompt security
issues.
Minutes -Planning Commission 8-28-07 -Page 8
Mr. Magstadt Indicated the applicant would work closely with the Police
Department regarding lighting and other security measures to
protect the residents.
Puckett Stated that, when he met with Ms. Sully, the plan was to have a
meeting at the Citrus Cafe; and, asked for the attendance at the
August 21 s~ meeting.
Mr. Magstadt Answered that he thought there were about 15 people at that
meeting and all were adjacent neighbors; in summary, attendees
expressed concerns regarding height, density, setbacks, privacy
issues regarding windows, maintaining the existing fences, area-
wide traffic, and neighborhood parking.
Nielsen Asked if the smaller windows along the westem property line will be
opaque.
Mr. Magstadt Answered in the affirmative.
Nielsen Asked if there had ever been any discussion of widening the
setback against the westem property line.
Mr. Magstadt Responded that the neighbors would like 30-foot setbacks; the City
requires a 5-foot setback and the applicant voluntarily designed 10-
foot setbacks; given the size of some of the backyards, some of the
setbacks are as much as 50 feet; since Mitchell Avenue is 40 feet
from curb to curb, the applicant feels that the setbacks being
proposed are substantial.
Nielsen Asked if there was an estimate of the timing from the beginning to
the completion of the project.
Mr. Magstadt Answered the project would take 12 to 15 months for the four
phases.
Nielsen Asked if any mitigation measures were planned regarding
construction noise.
Ms. Sully Stated that during construction, the typical requirements imposed
by the AQMD and the City's Building Department would be
followed; that includes dust control, watering the site, abiding by the
construction hours; there is a condition regarding the construction
plan which would deal with traffic control and truck traffic to and
from the site, parking, staging areas, etc. .
Minutes -Planning Commission 8-28-07 -Page 9
Nielsen Asked, towards the end of the project when the final phases are
being completed, what would be the plan for storing the
construction equipment and material.
Ms. Sully Indicated that would be managed on-site.
Nielsen Asked if the applicant had any objections to the conditions
contained in the staff report.
Mr. Magstadt Indicated there would be about eight changes requested.
Murray Asked what mitigation measures might be addressed to deal with
dirt and all road problems that typically occur during a construction
project.
Ms. Sully Indicated that all off-site debris would be removed, street sweeping,
whatever the construction plan calls for; that plan will be developed
during the plan check process.
Nielsen Asked the applicant to state the requested changes to the
conditions.
Ms. Sully Requested the following:
Resolution No. 4064:
• In the environmental document, asked if the header should
read that the Planning Commission recommends that the City
Council adopt this resolution. If so, some of the Findings
would need to reflect that, specifically Item II on page 2.
• Findings should be incorporated from the State Guidelines,
Section 15074b, to support adoption of the Mitigated Negative
Declaration.
Holland Noted that the additional language has been added to the
resolution; also, there are certain aspects of this project for which
this Commission could be the final determinant; it would be
appropriate for the Commission to adopt the resolution as written.
Ms. Sully Resolution No. 4065:
• Finding E on the first page conflicts with Finding H.
Exhibit A of the Conditions of Approval:
Minutes -Planning Commission 8-28-07 -Page 10
• Condition 1.4: the timeframe should run consistent with the
Tentative Map.
• Condition 4.2: the reference to the video of the existing storm
drain should be deleted; staff agreed to delete this on a prior
occasion.
• Condition 4.5: the reference to removing the handicapped
street parking along Mitchell Avenue should be addressed
during the street improvement plan and this condition be
deleted.
• Condition 5.2: typo clarification that northerly property line be
changed to southerly property line.
• Condition 7.3: the correction regarding the 6' decorative block
wall be changed to 6' 8".
Resolution No. 4066:
• Finding L reference to parcel map should be changed to
tentative tract map.
Nielsen Asked if staff needed time to address the requested changes.
Director Answered in the affirmative.
Kozak Referred to the revised page 2 and the addition of Item G for
Resolution No. 4064 and asked that staff and the applicant provide
clarification and a better understanding as to why that was added;
and, stated he had not seen that before as a standard condition.
Director Stated that language is from the California Environmental Quality
Act.
Kozak Asked if the City Attorney agreed with that added language.
Holland Stated that the most substantial change that is being suggested is
that the Mitigated Negative Declaration reflects staffs independent
judgment; that is a Finding that is suggested under State law and
staff is concurring with that recommendation.
Kozak Thanked staff for that information
Director Stated that Resolution No. 4066 would be corrected; the 6' for 6' 8"
correction is preferred, but there is no need to modify the language;
it would be appreciated if the developer would work with the
Minutes -Planning Commission 8-28-07 -Page 11
adjacent properties .regarding animals and other occurrences; a
collaborative relationship would be appreciated; Condition 5.2, so
noted; the modified resolution provided at the dais removed
Conditions 4.5 and 4.2.
Since staff may need more time to prepare their additional
responses, the Commission may wish to begin public testimony at
this time.
Nielsen Invited the public to speak, asking that a few spokespeople be
chosen to avoid repetitiveness; since there are approximately 75
people in attendance, this would speed the process.
Kay Shafer, Stated this project is too high, too dense, too close to existing
Cloverbrook homes, and the architecture does not match the neighborhood; the
resident existing traffic along Browning, Mitchell, and Walnut is a problem;
placing this development near Nelson Elementary School will
create hazardous conditions for the children; parking is already a
problem and will be impacted by increasing the number of units and
potential residents of this project.
A petition signed by 94 residents was presented by Ms. Shafer and
is incorporated herein by reference.
Stephanie Indicated her concern was that the development does not meet
Sattlerlee, current standards; Ordinance No. 906 states that a project must not
Cloverbrook exceed one story or 20' in height within 150 feet of her property;
resident special circumstances do not exist; the zone change being
requested emphasizes the fact that other properties with similar
zoning classification are not granted similar privileges; she and her
husband chose to buy their home in Tustin for the large backyards
and frontyards without large building looming over them; any
conditional use permit issued should expire within one year; the
developer should not be allowed to wait for market conditions to
settle.
Jim Herron, Stated that his property abuts the development and will be directly
Cloverbrook impacted; the privacy in the backyard was the main attraction for
resident buying the house in 1975; that privacy will be destroyed by three-
story condominiums 10 feet from the property line; several Realtors
have indicated the proposed project will have a negative effect on
Cloverbrook property values; he wonders if secret deals are being
made between the City and the developer; he would like a more
compatible development that would not block the morning sun, limit
privacy, and destroy the beauty of his home.
Minutes -Planning Commission 8-28-07 -Page 12
Jack Shafer, Commented that initially residents were told the proposed project
Cloverbrook would be townhomes; now they are calling them condominiums;
resident townhomes have one common wall; condos have four or more
common walls; a Cape Cod style project does not fit into this
neighborhood; he is not against building something that follows
current zoning rules and restrictions; the 47-foot setback the builder
referred to includes Mr. Shafer's backyard.
Rick Satterlee, Noted that he also was surprised by the developer's referring to his
Cloverbrook personal backyard as meeting a setback;. every house around the
resident proposed project is single story; three-story structures looming over
these homes will lower property values and forever change the
neighborhood; he is opposed to the zone change, 10-foot setback,
and height variance due to the negative impact on the existing
established R-1 zoned neighborhood; the community would
perhaps support the project with the elimination of the third story,
the provision of increased rear setbacks, and a maximum of 70
units in keeping with the current R-4 zoning; the staff report states
there will be 22 visitation spaces, but only 18 are shown on the
current site plan; the plans should include an entrance/exit on
Mitchell.
Julie Herron, Stated the existing complex has never been a problem; the
Cloverbrook proposed development is wrong for the neighborhood; it is
resident surprising that the City would allow such amega-complex to be
built near a school; she would like to know if this project is park of a
redevelopment project that would include different percentages of
low-cost housing or a high-cost condominium project; the residents
are opposed to the height, the enormity, the imposition being
placed by the wall so close to the property line; it feels as though no
one is respecting her values or property.
Judith Jones, Added her opposition to the high density suggested for this project;
Mitchell resident it is incompatible with the neighborhood; the suggestion for an
entrance/exit on Mitchell would exacerbate existing traffic and
parking problems.
Toby Moore Stated that his primary opposition to the project was expressed in a
Pinebrook resident letter to staff; the rebuttal provided by staff did not adequately
address his concerns regarding the faulty assumptions based on
the Traffic Study; the City must take into consideration that CEQA
regulations have not been met; unless additional mitigations are put
in place, he would recommend a full environmental impact report
prior to any approval by the Planning Commission.
Minutes -Planning Commission 8-28-07 -Page 13
Margaret LeBeau, Indicated that she has lived happily for 20 years at Rancho Sierra
Browning resident Vista Apartments and would like to stay there a while longer; her
concern is what will happen to the average senior citizen living on a
fixed income when there are no affordable apartments available in
Tustin; she has had her name on a waiting list for five years at the
apartment complex on Sixth Street; she asked to be moved up on
the list and was told that would not be possible; a $500 relocation
expense does not go far to cover moving costs.
David Levy, Submitted and read a statement into the record which is
Browning resident incorporated herein by reference.
Lisa Curlee, Stated that she is a condominium owner on Mitchell and the parent
Mitchell resident of an elementary student at Nelson; traffic and parking are ongoing
issues on Mitchell and at the school.
Thelma Hatfield, Noted that she lives in the Tustin Park Villas condominiums across
Mitchell resident the street from the proposed project; a 77-unit project at this
location would be a disaster waiting to happen; the traffic on
Browning is so bad that motorists cut through the neighborhoods to
get to the I-5 freeway; when she goes to church on Sunday, there
are no parking spots on Browning.
Phyllis Burhenn, Indicated she has specialized in the Summerfield homes for more
North Hills Realty than 33 years and has no doubt this project would have a negative
effect on the homes along Cloverbrook, Pinebrook, and Sandfield
and perhaps even on Copperfield.
Nielsen Asked if staff was ready to respond.
Director Responded that given the extensive public comments, the
Commission may want to think about how to proceed; staff would
like to take the opportunity to digest the comments received,
especially the technical comments related to the Mitigated Negative
Declaration, the Traffic Analysis, affordable housing, etc.; staff may
not be prepared to respond in detail to each comment this evening;
the Commission might want to take a recess to allow staff to
discuss the issues and provide general comments or continue this
item for two weeks to allow staff to come back and provide written
responses.
9:25-9:40 p.m. Recess
Nielsen Noted for the record that he lives in Summerfield Homes but is
beyond the 500-foot arc; legally, he has no conflict of interest and
does not believe the impact will be as great as has been stated; the
Minutes -Planning Commission 8-28-07 -Page 14
comment suggesting the City must be making secret deals with the
developer is false; the Commission and staff have done their
utmost to make everything as public as possible.
Asked if staff was ready to respond or would prefer the applicant
return to the lectern.
Director Suggested the applicant should proceed.
Nielsen Requested that the applicant return to the lectern to address the
issues stated by the residents.
Mr. Magstadt Reiterated that the applicant has demonstrated a willingness to hold
additional meetings if necessary; the applicant will look at the
comments to try to solve some of the concems; if staff needs more
time to study these issues, the applicant would be willing to
volunteer to continue the item; perhaps a subcommittee of the
Planning Commission and neighbors would be appropriate; the
developers want to be good neighbors and good owners.
Nielsen Thanked the applicant; a subcommittee would not be advisable,
because the Planning Commission does everything in public so that
everyone can be aware of what is happening.
Asked if staff was ready to respond.
Director If the Planning Commission wished to continue the item, staff could
provide comments at a later time.
Nielsen Indicated that the best suggestion might be to continue the item;
and, asked the City Attorney for his input.
Holland Responded that, at the discretion of the Commission, a motion to
continue the meeting could be made with instructions to staff to
prepare a comprehensive set of responses to comments.
Nielsen moved, seconded by Murray, to continue this item to the
next Planning Commission meeting. Motion carried 4-0.
Puckett Added that the Planning Commission approved a similar project at
Red Hill and Walnut which he supported; in this case, there were so
many residents who voiced their concerns that additional time
seems the best way to proceed; he thanked the residents for their
attendance and showing that government works.
Minutes -Planning Commission 8-28-07 -Page 15
Nielsen Noted he also appreciated the residents coming forward to share
their concerns.
REGULAR BUSINESS
Provided direction B. FOLLOW-UP DISCUSSION: TOUR OF OLD TOWN
to staff RESIDENTIAL AREA
The primary purpose of the discussion is to identify possible
future agenda items related to the Old Town Tustin
Residential area. The discussion also provides a forum for
the Commission to generally discuss the tour and to make
recommendations for future tours.
RECOMMENDATION:
That the Planning Commission receive this report and
provide direction to staff.
Reekstin Provided a brief report.
Puckett Stated it will be hard to top the first tour.
Kozak Noted staff did a wonderful job of putting together a selected route
to observe the various styles of architecture and other historic
features in the residential area of Old Town; the Commission talked
briefly at the last meeting about their individual observations and
experiences; one of the things discussed was combining a tour with
a workshop regarding the work program for the historic
preservation responsibilities of the Commission; pefiaps a tour of
the commercial district of Old Town could then convene into a
workshop where issues related to the Design Guidelines could be
discussed and a path formulated.
Nielsen Agreed with Commissioner Kozak's suggestion.
Murray Stated it is important that the Commission get a feel for the
contiguous areas of Old Town to get a perspective on the new
responsibilities the Commission has been given.
Nielsen Indicated the Old Town commercial district seemed to be the
consensus for the next tour; and, suggested expanding the tours to
Tustin Ranch and the Southwest area of the City.
Puckett Added that another tour of The District to include the residential
areas would be appropriate.
Minutes -Planning Commission 8-28-07 -Page 16
Director Stated that staff could arrange the Old Town commercial tour, then
perhaps a Legacy tour of The District and the Lennar developments
where some milestones have been hit that staff would like the
Commission to see.
The Old Town tour could perhaps be scheduled for the second
meeting in September.
It was moved by Puckett, seconded by Kozak, to receive and file
the report. Motion carried 4-0.
Provided staff HISTORIC REGISTER AND COMMENDED PROPERTY
direction PROGRAMS
The Tustin Preservation Conservancy's interest in assuming
responsibility for administering the Tustin Historic Register
Plaque Program and the Commendation Program was
expressed in a letter dated July 24, 2007. The Conservancy
Board has offered to receive plaque requests from local
residents and business owners, use the City's Historical
Survey to research the property, and order the plaques from
the same manufacturer that has been providing the plaques.
RECOMMENDATION:
That the Planning Commission receive this report and
provide direction to staff.
Linda Jennings, Congratulated Chair Nielsen and Chair Pro Tem Puckett on their
Tustin Preservation selections this evening; and, reiterated her remarks from the July
Conservancy 24, 2007, Planning Commission meeting regarding the
Conservancy providing assistance to staff by taking over the
historic plaque and commendation programs.
Kozak Thanked Ms. Jennings for staying for the duration of the meeting to
get to this item; and, asked if the Conservancy would be bringing
their recommendations back to the Commission.
Ms. Jennings Answered that would certainly be an option, if the Commission so
desires, perhaps on a quarterly basis; and, asked whether or not
the rectangular plaque requested by the Historic Preservation
Committee for altered buildings has been designed.
Nielsen Reiterated that he regretted missing the Old Town tour; the
Conservancy is active in this field; the Tustin Historical Society and
the Conservancy should perhaps prepare a proposal whereby they
would be doing research and looking at the properties being
Minutes -Planning Commission 8-28-07 -Page 17
considered, with the Planning Commission as final arbiter and
manager of the process.
Puckett Stated his agreement with Chair Nielsen; the Commission should
be the entity receiving the recommendations and making the final
decision, pefiaps on a quarterly basis.
Murray Noted that collaboration between the Conservancy and the
Historical Society would be important, but the Planning Commission
should have an ownership in the decision.
Kozak Agreed with the collaborative idea and to have guidelines
established regarding who will do what.
Ms. Jennings Stated the Tustin Historic Society is not interested in the
architecture; they are primarily interested in the .Museum; the
research has been done on these buildings already; Carol Jordan
was the Historian with the Historical Society and did all that
research; a collaboration with the Society would probably not be an
advantage.
Suggested that the easiest thing to do would be to have the
Conservancy receive the applications, process them, and provide
them to staff on a quarterly basis for presentation to the
Commission.
Nielsen Reiterated that the Historical Society at least be given the
opportunity to say no.
Kozak Agreed with Chair Nielsen.
Director Asked if staff was being requested to get the Society's input and
develop draft guidelines.
Nielsen Answered that, if the Conservancy has a proposal, the Tustin Area
Historical Society be contacted regarding their possible
involvement; if not, the information from the Conservancy will be
given to the Commission; the Commission will create a logistical
plan for the plaque program with the Commission as the final
arbiter.
Director Asked if Chair Nielsen would like draft guidelines prepared by staff;
and, if the Historical Society is interested, have staff bring the
guidelines back to the Commission for further direction.
Minutes -Planning Commission 8-28-07 -Page 18
Nielsen Stated that if the Society is interested, get their input; if not, the
Commission will have the Conservancy's input as necessary.
Received and filed 5. PLANNING COMMISSION WORKSHOPS
report
At the Planning Commission's request,. staff will hold various
workshops for the Planning Commission in the coming
months.
RECOMMENDATION:
That the Planning Commission provide input to staff
regarding future workshop topics.
Director Indicated this item was continued in order to receive input from
Chair Nielsen.
Nielsen Mentioned the design guidelines referred to above be the first item
to be considered.
Kozak Noted that he commented last time that if the Commission were to
look at prioritizing the workshops in terms of preparing the
Commission to address issues that will be coming forward in the
future, one of the issues would be infill projects similar to the one of
the agenda this agenda; that may be something for the
Commission to think about in terms of putting that as a priority.
Nielsen Agreed that was an excellent idea.
COMMISSION CONCERNS
Murray Congratulated Chair Nielsen and Chair Pro Tem Puckett on their
being selected to their respective positions.
Noted the excellent community showing at this meeting; it was very
interesting and enlightening; he appreciated the citizens coming out
to express their concerns about a very important project; he will be
interested in the proposal for a resolution at the next meeting.
Stated he enjoys continuing to see great things at The District.
Thanked Linda Jennings for attending and waiting through a long
meeting to reach the Conservancy item.
Kozak Added his congratulations to Chair Nielsen and Chair Pro Tem
Puckett.
Minutes -Planning Commission 8-28-07 -Page 19
Kozak continued Thanked staff for their hard work on all the agenda items and
bringing back a couple items to allow Chair Nielsen's participation.
Suggested that the meeting be adjourned in memory of Kenny
Wilson, the Beckman High School football player, and expressed
his condolences to his family and friends.
Pointed out the building east of the Post Office where there are
banners, neon signs, and window signs that are plastered all over
the front of the structure; Code Enforcement should mitigate this
problem.
Puckett Offered his congratulations to Chair Nielsen and thanked .the
Commissioners for their confidence in his ability to perform the
duties of Chair Pro Tem; this group may be the most diverse and
best-qualified in his long experience of serving on the Planning
Commission and City Council
Stated he attended the ribbon-cutting at the Chaparosa Grill
yesterday; an excellent restaurant in the District; he and his wife
enjoyed their 42"~ wedding anniversary there.
Noted that the Whole Foods ribbon-cutting is scheduled for
tomorrow and Oggi's for Thursday.
Added that the resident participation at tonight's meeting was a
good display of government in action; it is good to see the process
at work.
Nielsen Thanked his fellow Commissioners for his selection as Chair; and,
congratulated Chair Pro Tem Puckett.
Agreed with Chair Pro Tem Puckett regarding the knowledge and
wide variety of expertise on the current Commission.
Noted that staff keeps the Commission well prepared, making the
job much easier.
Thanked staff for spending a long evening; it was necessary; the
neighbors in Summerfield homes and the apartments on Mitchell
were very concerned about the project; it is good to see people get
involved and provide input that will result in a project that meets as
many needs as possible; it is important that the project mesh with
the neighborhood.
Minutes -Planning Commission 8-28-07 -Page 20
Nielsen continued Thanked all the residents and the developer for their participation in
the process.
Noted he was also at the Chaparosa Grill and can attest to the
great food.
Added that it is good to see more businesses opening in The
District; seeing the project come to fruition is wonderful.
Commented on the sad passing of Kenny Wilson whose life
touched many people; thoughts and prayers go out to his family;
asked for a motion to close the meeting in his memory.
It was moved by Puckett, seconded by Kozak, to adjourn in
memory of Kenny Wilson. Motion carried 4-0.
10:17 p.m. ADJOURNMENT
In Memory of
Kenny Wilson
The next regular meeting of the Planning Commission will be held
Tuesday, September 11, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Joh ielsen
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 8-28-07 -Page 21
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 11, 2007
7:06 p.m. CALL TO ORDER
Given, followed by PLEDGE OF ALLEGIANCE
a moment of
silence in
remembrance of
9-11-01
ROLL CALL
Present: Commissioners Kozak, Murray, Nielsen, and Puckett
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Terry Lutz, Principal Engineer
Justina Willkom, Senior Planner
Minoo Ashabi, Associate Planner
Ryan Swiontek, Associate Planner
Reina Kapadia, Assistant Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - AUGUST 28, 2007,
PLANNING COMMISSION MEETING.
It was moved by Puckett, seconded by Murray, to approve the
Consent Calendar. Motion carried 4-0.
Adopted Resolution 2. CONDITIONAL USE PERMIT 07-003 AND DESIGN
No. 4067 REVIEW 07-003 A REQUEST TO DEMOLISH AN
EXISTING FELLOWSHIP HALL, CONSTRUCT A NEW
23,707 SQUARE FOOT CLASSROOM AND FELLOWSHIP
HALL BUILDING, AND TO CONVERT AN EXISTING 2,150
SQUARE FOOT LUNCH SHELTER STRUCTURE TO A
TEMPORARY FELLOWSHIP HALL AND EVENTUAL
CLASSROOM AND KITCHEN FACILITY ON THE
CAMPUS OF RED HILL LUTHERAN CHURCH AND
SCHOOL AT 13200 RED HILL AVENUE. THIS PROJECT
IS LOCATED IN THE PUBLIC AND INSTITUTIONAL (P&I)
ZONING DISTRICT.
Minutes -Planning Commission 9-11-07 -Page 1
RECOMMENDATION:
That the Planning Commission approve Conditional Use
Permit 07-003 and Design Review 07-003 by adopting
Resolution No. 4067.
7:08 p.m. The Public Hearing opened.
Kapadia Presented the staff report.
Nielsen Asked for the height of the current hall.
Kapadia Answered that the height was not indicated on the plan; perhaps
that would be a question for the architect.
Nielsen Asked if there is a basement in the existing structure.
Kapadia Indicated that would also be a question for the applicant.
Nielsen Asked if there is a left-turn pocket turning into the church for
southbound traffic on Red Hill.
Lutz Answered in the affirmative.
Nielsen Invited the applicant to the lectern.
Scott von Kaenel, Stated he would be happy to answer any questions the
Lundstrom and Commission might have.
Associates
Nielsen Reiterated his question concerning the height of the existing
fellowship hall
Mr. von Kaenel Answered that the height of the existing hall is .approximately 20
feet.
Nielsen Repeated his question regarding a basement in the existing hall.
Mr. von Kaenel Responded in the negative.
Nielsen Asked how long the project is expected to take from the beginning
to the end of all phases.
Mr. von Kaenel Answered that the expectation from start to completion would be
approximately 18 months.
Minutes -Planning Commission 9-11-07 -Page 2
Murray Asked if there might be traffic concerns regarding traffic backing up,
particularly with the left tum, or any measures that have been
considered by the school to address the traffic issues.
Mr. von Kaenel Responded that the Traffic Impact Analysis (TIA) did not indicate
any expected impacts.
Murray Suggested that perhaps someone from the school could respond to
the question.
John Lundstrom Noted that in the conditions of approval there is a condition that, if
the City determines there are significant traffic impacts beyond
what is projected in the TIA, the City reserves the right to notify Red
Hill Lutheran Church and ask them to provide mitigation measures.
Puckett Asked how long the three temporary units have been in use.
Mr. Lundstrom Indicated that the two most recent modulars are approximately four
years old; the older one approximately eight years old.
Puckett Suggested that this remodeling will complete the campus.
Kozak Stated that he saw conditions regarding screening and fencing
around the site but no reference to construction schedules and
whether or not the standard restrictions would apply.
Director Answered the project would be subject to the standard construction
activity schedule.
7:21 p.m. The Public Hearing closed.
Commissioners It was the consensus of the Planning Commission that this is a
welcome project and a beautiful addition to the Red Hill Lutheran
site.
It was moved by Murray, seconded by Kozak, to adopt Resolution
No. 4067. Motion carried 4-0.
Adapted Resolution 3. CONTINUED CONDITIONAL USE PERMIT 07-010
No. 4062 REQUESTING AUTHORIZATION TO OPERATE A 30-
LANE BOWLING ALLEY, ARCADE, AND RESTAURANT
WITHIN AN EXISTING 28,000 SQUARE FOOT TENANT
SPACE LOCATED WITHIN THE DISTRICT AT TUSTIN
LEGACY. THIS PROJECT IS LOCATED AT 2405 PARK
AVENUE IN THE SP-1-MCAS TUSTIN SPECIFIC PLAN
DISTRICT (PLANNING AREA 19 - COMMERCIAL)
ZONING DISTRICT.
Minutes -Planning Commission 9-11-07 -Page 3
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4062
approving Conditional Use Permit 07-010.
7:23 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Kozak Asked if the Police Department and other departments are satisfied
with the proposed conditions of approval.
Director Answered in the affirmative.
Nielsen Asked if other businesses are open until 2:00 a.m.
Director Responded that there are expected to be other businesses that will
be open until 2:00 a.m.; there are no restrictions at this point.
Nielsen Asked if special mitigation has been considered regarding noise for
the first floor neighbors.
Director Indicated the applicant will incorporate improvements into the
building plans. ~
Puckett Asked what percentage of the business comes from the bowling
and what comes from the entertainment.
Director Suggested that question would be better directed to the applicant.
Nielsen Invited the applicant to the lectern.
Brett Parker, Stated that the percentages vary from facility to facility; typically, the
Strike Holdings business Hans about 50-55 percent from bowling and shoes and the
balance from food and beverage.
Murray Asked if the Cupertino venue is larger than the one planned for
Tustin.
Mr. Parker Answered that the Cupertino venue is approximately 38,000 square
feet.
Murray Questioned whether or not there have been any unexpected
challenges in Cupertino that might apply to the Tustin site.
Mr. Parker Responded that the company has more than 10 years of operating
history with these types of venues; the key is how the facility opens,
how the situation is controlled. during the first few weeks; less
Minutes -Planning Commission 9-11-07 -Page 4
experienced operators tend to open with a longer leash; the
applicant knows the way to long-term happiness is to start with a
very short leash and let it out over time if prudent; the biggest
departure in Cupertino would be working more closely with the City
than previously; Sheriffs deputies were hired through Santa Clara
County to be on-site providing additional security.
Murray Stated that he applauds those efforts; it is very important to
establish good partnerships with the neighboring tenants and also
with public safety; while wanting to ensure economic prosperity, it
should not be at the expense of the quality of life for the citizens.
Nielsen Suggested there has been a concem that this might become more
of an entertainment facility, such as a nightclub or disco; and,
asked if there were any long-term plans in that direction.
Mr. Parker Indicated the long-term plan is to operate this business as planned
from the start as a part of the community, not as a nightclub; a long-
term commitment is the only way for it to make sense as an
investment.
Nielsen Asked for clarification regarding the security arrangements for this
project.
Mr. Parker Answered that it takes time to team what is allowable in a
community regarding police personnel which the applicant
understands would not be allowed in Tustin; typically, there would
be a combination of people who work for the company,
subcontracted, bonded security people and, if appropriate, local
police.
Added that security is less of a concem than it would seem to be on
the surface; this is not loud, dancing music but 80s frat rock; the
idea behind the concept is to bring bowling back into favor as an
activity for families.
Nielsen Asked what the name will be.
Mr. Parker Answered the name will be Strike Tustin.
Noted there were two conditions the applicant wished to address as
follows:
Condition 7.5 makes the applicant responsible for the cost of
enforcement of actions under the conditional use permit. If there
were an action brought, the language suggests the applicant would
be paying for unnecessary enforcement actions.
Minutes -Planning Commission 9-11-07 -Page 5
Parker continued Condition 1.6 relates to a similar issue stating that the applicant will
indemnify the City against third-party actions related to the
conditional use permit. If someone were to sue the applicant, it
would seem reasonable the applicant would defend that action.
Kendig Stated that both are standard conditions, which are normally not
objected to by applicants, and briefly explained the reasoning
behind the conditions referred to above.
Mr. Parker Reiterated that Condition 1.6 suggests the applicant would be
paying double court costs, which seems onerous.
Kendig Indicated the City Attorney would request the conditions remain.
7:41 p.m. The Public Hearing closed.
Kozak Asked for clarification from the City Attorney whether or not it would
be acceptable to change Condition 1.5.
Kendig Responded that it would be his recommendation that Condition 1.5
stand as it is; if the Planning Commission feels it should be
changed, the City Attomey would not have a strong opinion on it.
Kozak Indicated he would not be inclined to change standard conditions of
approval; he supports the project and appreciates the extra time
the applicant and staff took to reach a compromise and move
forward.
Murray Stated he concurred with the legal opinion and appreciated the
efforts made between the applicant and the staff; this is a welcome
project in the community.
Puckett Questioned whether use restriction 5.1 is also a standard
restriction.
Director Answered in the affirmative, regarding this type of venue.
Puckett Agreed with the other Commissioners that this is a good use of the
property and something that will enhance the entertainment value
of the District; he supports the project.
Nielsen Noted that he also likes the project and hopes to spend time there
with his family; and, stated the standard conditions should remain.
It was moved by Puckett, seconded by Kozak, to adopt Resolution
No. 4062. Motion carried 4-0.
Minutes -Planning Commission 9-11-07 -Page 6
Denied, 3-1 4. ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096,
CONDITIONAL USE PERMIT 06-024, AND DESIGN
REVIEW 06-020 REQUESTING:
1. ZONE CHANGE 06-002 TO REZONE THE PROPERTY
FROM SUBURBAN RESIDENTIAL (R-4) ZONING
DISTRICT TO MULTIPLE FAMILY RESIDENTIAL (R-3)
TO REDEVELOP THE SITE WITH 77 CONDOMINIUM
UNITS;
2. TENTATIVE TRACT MAP 17096 TO SUBDIVIDE THE
4.1-ACRE SITE (NET AREA) INTO A 77-UNIT
RESIDENTIAL CONDOMINIUM PROJECT;
3. CONDITIONAL USE PERMIT 06-024 TO CONSTRUCT
STRUCTURES OVER 20 FEET IN HEIGHT WITHIN
150 FEET OF SINGLE FAMILY RESIDENTIAL (R-1)
ZONING DISTRICT; AND,
4. DESIGN REVIEW 06-020 FOR APPROVAL OF
BUILDING ARCHITECTURE AND SITE DESIGN AND
AMENITIES OF THE CONDOMINIUM PROJECT.
RECOMMENDATION:
That the Planning Commission:
1. Adopt Resolution No. 4064 adopting the Mitigated
Negative Declaration (MND) as adequate for Zone
Change 06-002, Tentative Tract Map 17096, Conditional
Use Permit 06-024, and Design Review 06-020 for
development of the proposed 77 residential
condominium unit project.
2. Adopt Resolution No. 4065 approving Conditional Use
Permit 06-024 for constructing buildings over 20 feet in
height within 150 feet of Single Family Residential (R-1)
zoning district and Design Review 06-020 for the
architectural/site design and amenities of the proposed
condominium project.
3. Adopt Resolution No. 4066 recommending that the City
Council adopt the MND for Zone Change 06-002,
Tentative Tract Map 17096, Conditional Use Permit 06-
024, and Design Review 06-020 and approve Tentative
Tract Map 27096 for the purpose of subdividing and
developing a 4.1-acre (net) site with 77 residential
condominium units.
Minutes -Planning Commission 9-11-07 -Page 7
7:47 p.m. The Public Hearing opened.
Ashabi Presented the staff report.
Nielsen Asked if the zone change would allow the applicant to have up to
25 dwelling units density on the property.
Ashabi Answered in the affirmative.
Nielsen Remarked for clarification that the current project would be 18.7
dwelling units; suggested that at some time in the future that could
change to 25 dwelling units with this entitlement; and, asked if that
would be automatically approved.
Ashabi Responded that the 25 dwelling units per acre is a General Plan
land use designation; the R-3 would allow up to 100 units, but the
development standards would have to be met with submittal of a
site plan and tentative tract map.
Nielsen Asked for the logic far the current zoning and the new zoning being
longest for the side yard setbacks.
Ashabi Explained that the City Code definition for a front yard is the
shortest dimension facing the street, which in this case would be
Mitchell; the proposed site is referred to as a reverse corner lot.
Nielsen Asked, regarding the current setbacks, what the dimensions are for
the front and rear yards.
Ashabi Answered the front would be 15 feet and the rear 10 feet.
Nielsen Questioned what would be the maximum amount of units if the
zoning did not change at the project location.
Ashabi Indicated the maximum number of units would be 60.
Director Added that the existing number is 60; if the existing units were to be
removed, it would be 71 units.
Nielsen Questioned whether the height restriction with current zoning would
be 20 feet.
Ashabi Answered that would be correct, 150 feet from the R-1 properties.
Director Added that beyond the 150 linear feet it would be 35 feet.
Minutes -Planning Commission 9-11-07 -Page 8
Nielsen Asked what mitigation measures could be taken regarding traffic
leaving the project during school rush hours if traffic is deemed an
issue.
Director Questioned, as a point of clarification, whether Chair Nielsen was
referring to potentially restricting traffic from leaving the site or
entering the site.
Nielsen Answered in the affirmative; and, stated his concern stems from the
potential traffic issues and what the mitigation plan might be.
Lutz Stated that one access point to the project is the best possible
mitigation; there would be stacking on-site which would be the
worst circulation problem; future mitigation is well-covered.
Nielsen Indicated that his concem relates to traffic during school rush hour,
particularly since there is a pedestrian crosswalk that would be very
close to the entry and exit point into the project; traffic leaving the
project turning right onto Browning going towards Walnut will run
into the school traffic; and, questioned whether or not staff has any
plan if this becomes an issue.
Lutz Answered there was nothing beyond the existing crossing guard,
the best scenario for traffic control.
Nielsen Verified that nothing has been planned for problems with traffic out
of the project.
Lutz Stated that the turn movement in that direction could be restricted if
necessary.
Nielsen Asked if the Tustin Unified School District was consulted regarding
traffic or circulation studies the District may have done around
Nelson School
Lutz Answered the District was not consulted regarding this project.
Nielsen Asked if a zoning variance on the current zoning regarding
extending side yard setbacks would be a possibility or would it have
to be a zone change.
Director Asked for clarification of Chair Nielsen's question.
Nielsen Stated that, if the zoning remained the same and if the setbacks
were increased, he was questioning whether that could be
accomplished with a variance rather than changing the zoning.
Minutes -Planning Commission 9-11-07 -Page 9
Director Responded that there are Findings the Commission would need to
make to approve a variance.
Nielsen Invited the applicant to the lectern.
Jim Magstadt Stated he has been doing this for a long time; the goal has
been to acquire old, under-utilized rental properties and
replace with upscale architecturally designed residential for-
sale housing in order to satisfy the homebuyer demand for
infill housing to minimize commuter time and to provide
homes that are in close proximity to shopping, employment,
schools, recreation, public transportation services; he met
with residents of the community again due to his concerns
regarding their comments at the last Planning Commission
meeting; developing infill projects can be a challenge
because the constraints are much higher; it is impossible to
satisfy all the concerns and all the objections; in this
situation, staff did a good job of summarizing the concerns
of the citizens; in order to buy older properties, it is
necessary to factor in what is being paid for the existing
project and then be able to build enough density to make it
economically feasible; it is his policy to check the General
Plan to avoid proposing something that is not in concurrence
with the goals of the City.
• In summary, the developer is willing to make the following
concessions:
• The 10' to 15' setback along the westerly property line could
be accommodated if the recommended 15' setback along
Browning were eliminated.
• Reduce height of Plan 4 and Plan 5 units from 32' 6" to 26'
6" by lowering the roof pitch and eliminating the lofts in the
buildings adjacent to the southwestern property line.
Increase the setback along the southwest property line,
which would be the side yard, from 10' to 15'.
Provide the 6' 8" block wall rather than the 6' wall and paint it
to coordinate with the adjacent property owners.
• Provide landscaping that will not drop leaves onto adjacent
properties.
• Provide additional landscaping along the private patio areas.
Minutes -Planning Commission 9-11-07 -Page 10
Magstadt continued Added that the developer is very excited about The Legacy and
proud to be a part of Tustin's growth and development.
Reiterated his comments from the prior Planning Commission
meeting regarding the existing landscaping with mature pine trees
that so high anything behind them would be shielded and cause a
minimum impact.
Noted the developer has assembled an excellent team that was
available to answer any additional questions.
Puckett Asked if the reduction to 26' 6" would include all the buildings that
would have been that height.
Mr. Magstadt Responded it would include all the buildings along that property
line, with the exception of the building that fronts Mitchell, a group
of units that would maintain the same property line as the side yard
at 10 feet.
Puckett Asked if that could be accomplished without losing any square
footage inside.
Mr. Magstadt Indicated that this would require squeezing some of the units to
pick up inches here and there.
Murray Questioned whether or not this accommodation would change the
total number of units but include removing the lofts.
Mr. Magstadt Answered the lofts would be removed from the units along the side
yard.
Nielsen Invited the public to speak, requesting that a few spokespeople
could be selected to speak; and, asked that only new information
and comments be provided regarding the concessions the
developer referred to above.
Toby Moore, Reiterated his belief that the traffic component is flawed; there were
Pinebrook resident incorrect baseline assumptions made regarding the existing site
that had to do with access from three different locations, one on
Browning and two on Mitchell; staff is still looking at the Traffic
Analysis as being correct; 17 additional southbound trips going
down Browning is incorrect by 120 percent.
Nielsen Asked for consideration for all speakers and no audience intrusion.
Mr. Moore Continued that Table 3 in the Traffic Study is based only on
vehicles exiting from the current site and the proposed project; in
that analysis, the current project to have 25 exiting vehicles and the
Minutes -Planning Commission 9-11-07 -Page 11
proposed project 43; the difference is 18 which assumes that 95
percent will make a turn going south on Browning; the problem is
that the 25 assumes that is what currently occurs on the existing
site which is not correct; there are three parking areas on this site;
about 20 percent or less use the Browning location; the remainder
use Mitchell; no study was done to determine how many vehicles
exit, enter, or go down Mitchell as opposed to making a
southbound turn going down Browning; the staff report states that
the City's Engineer looked at the worst case scenario which is not
the case; this is the worst case scenario: consider the 25 trips going
out and assume that 20 percent are currently exiting that property
on Browning and go south; that would be 5; 43 minus 5 is 38 which
is very different from 17-124 percent more; that 17 number is
used in all the other analyses of the Traffic Study, whether it is the
flow numbers, intersection numbers, or the turn numbers, which are
used to determine the level of service and whether in compliance
with the City conditions.
If the Study had been done correctly, perhaps those numbers still
match what the City accepts for traffic on this street. It needs to be
done. The Council [sic) should oppose the approval of the Draft
Mitigated Negative Declaration which is a condition far the zone
change.
Jacqueline Lui, Stated that the existing traffic is very bad when she goes to work;
Browning resident when she comes home from her night classes, there are no parking
spaces on the street for additional cars; 77 units would cause even
more traffic and parking difficulties; five additional parking spaces
will not be enough; the traffic for the school causes problems
between 7:30-8:15 a.m.; affordable housing, with one bedroom,
starts at $425,000 which many people cannot afford; people on
fixed incomes will have no place to go.
Georgia Abbott, Indicated she has lived on the corner of Browning and Mitchell for
Browning resident 15 years; she planned on retiring and dying there; her family and
friends enjoy coming to her home; if she has to leave her home,
there is nothing in Tustin or Orange County she could afford to rent;
this is a community that cares for each other and helps each other;
there is a spirit of friendship and trust to live a peaceful, harmonious
life; please reconsider the zoning and let the residents enjoy their
lives.
Peggy LeBeau, Stated she has lived in Rancho Sierra Vista for 20 years; she is 78
Browning resident years old and on a limited income; replacement housing for her is
nonexistent and $500 would not be sufficient to cover moving
costs; it is her hope that the Planning Commission will consider the
huge advantage of recognizing the legitimate objections presented
and allow this modest corner of Tustin to be an example of fair
Minutes -Planning Commission 9-11-07 -Page 12
housing which will help the entire neighborhood and keep many
school children safe.
Rick Satterlee, Stated his proposal is to keep the R-4 zoning and take away six
Cloverbrook resident units; many of the projects with R-1 next to R-3 are very small and
impact only a few homes; in his area, this project would impact a
neighborhood with R-1 zoning on three sides.
Danny Wassenaar, Referred to the poll recently published in the Orange County
Cloverbrook resident Register in which homebuyers were asked what they considered
most important to a home; 45 out of 100 people stated the most
coveted feature is the backyard; regarding issues of height and
density, staff refers to the Land Use Element of the General Plan
Goals and Policies as their authority for allowing this construction;
when he read the General Plan, he found that the Goals should be
reviewed comprehensively, not one bullet at a time; what was
excluded from the staff report, for example, was Goal 1.3 that
discusses preserving existing low-density character and single-
familyzoned neighbofioods; or Goal 6.4 "to preserve and enhance
the City's residential character and small-town quality by
encouraging a maintaining Tustin's low-density residential
neighborhoods through enforcement of existing land use ... and
harmonious blending of buildings and landscapes."
He does not believe the Planning Commissioner's predecessors
from the late 1960s would approve of the proposed zone change;
they had the foresight to see the big picture of how everything
should fit together; this neighborhood is not in a special
management area that needs redevelopment.
Stephanie Satterle, Thanked staff for coming to her home and the developer for going
Cloverbrook in the direction of lowering the height and increasing the setbacks;
Resident Ordinance No. 862 states "the Zoning Code does not adequately
protect the character of neighboring single stories in single-family
districts and therefore should be amended with Ordinance No. 862;
the ordinance must be there to protect single-family homes; the
report states 24 parking spaces where only 18 are shown on the
site plan, and it is a concem that 11 of the spaces will be used on
trash days; it would be nice to preserve our neighborhood with
appropriate setbacks; homes that have been added onto do not
appear to be two stories.
Julie Standish, Noted the residents of Pinebrook are very concerned that their
Pinebrook resident street will bear the brunt of the changes on the Cloverbrook side;
(no speaker form the cul-de-sac on which she lives is regularly used as a U-turn for
presented) all of the people coming and going from the school; it is impossible
to back out of her driveway during the peak times; eliminating the
two driveways on Mitchell is an issue of great concem.
Minutes -Planning Commission 9-11-07 -Page 13
Kim Keelin, Sandfield Indicated that the Sandl=leld, Fernbrook, Shadybrook neighbors all
resident are united with the Cloverbrook and Pinebrook neighbors and
agree with the no zoning change due to existing traffic congestion;
there should be an additional Mitchell driveway.
Juanita Haralson, Stated that she chose Tustin in 1974, particularly Rancho Sierra
Browning resident Vista Apartments, because they were ideal at that time; being 81
years old, she has a fixed income of Social Security only; the
apartments that have been listed for the seniors to look at have had
no vacancies; when there is a vacancy, the waiting list is anywhere
from two to three years long; the apartments range from $938-
$1,056 at Heritage Plaza; for someone on Social Security, that
would not be affordable.
David Levy, Browning Submitted and read a statement into the record which is
resident incorporated herein by reference.
Jonathan Waaldridge, Stated he has lived in the Rancho Sierra Vista apartment complex
Browning resident since he was five years old; he's 16 now; this is the home in which
he grew up; it is unfair to have his home demolished for a project
that does not seem necessary; affordable housing, such as Rancho
Sierra Vista, is hard to come by; he lives with his 73-year-old
grandmother who works full-time to support him and his disabled
mother; he would like to know where the affordable housing is in
Tustin; moving out of Tustin at this time in his life would interrupt his
schooling to his detriment; this project should not be approved.
Patricia Erol, Indicated that she and her husband recently moved into Rancho
Browning resident Sierra Vista; they lived in Tustin in the past and came back to the
area because of the charm; most places are corporate and tall and
cold; getting to know one's neighbors is part of the lifestyle at the
apartments and a rare thing; gardening is a big part of her
husband's life and he spends time doing so in the backyard; this is
what they consider home and do not look forward to moving.
Lisa Curlee, Stated that she is a condo owner on Mitchell and asked the
Mitchel! resident following questions:
What are we trying to achieve?
2. What are the goals for the neighborhood? What is being
proposed does not seem to fit in. No one wants to stand
in the way of progress, but this project does not seem to
fit that definition.
3. What will this add to the community?
4. Who will buy these units? Many of the neighbors in the
Minutes -Planning Commission 9-11-07 -Page 14
area cannot afford to buy the homes they are living in
now.
5. What will happen if these units are not sold? Would
someone be renting them?
6. Who will safeguard the children's progress to school with
the added traffic on Browning?
Suggested the Traffic Study was based upon the people who live in
the complex now, many of whom seem to be retirees; chances are
the people moving into the proposed project will be working people
with two incomes; the street parking problems that exist now should
be addressed by the Police Department.
Reminded everyone that Nelson Elementary would not be able to
accept any children the project might house, because Nelson is full.
Kay Shafer, Noted that the developer has been working with the residents to try
Cloverbrook resident to come to a compromise but still has not given enough, this project
would impact the entire neighborhood; if these residents agree to
the concessions, the next developer may expect more; there is no
need for a zone change that would set a precedent for all future
rezones within single-family residential neighborhoods and open
the City to development the residents have never seen nor would
want to see; the taxpayers stand before the Commission to ask that
this zone change and conditional use permit not be allowed to go
forward; it would not enhance the community, would take away
from current property values, and would take away the way of life
the residents bought into so many years ago.
Joe Vargas, Stated his opposition to the project for working families tike his who
Browning resident moved from Irvine to Tustin because Rancho Sierra Vista was
charming and affordable; once people are there, they do not want
to leave; it is a collaboration of retirees and working people who
look out for their neighbors; he was speaking for them as well as
his family.
Maureen Kasinski, Indicated she is a forty-year Tustin resident; when she moved to
17t" Street resident Tustin, it meant a backyard, green trees, open area; she is
smothered by what has happened at Tustin Fields; this housing
does not fit in Tustin; it does not provide quality of life to have three-
story buildings with no backyard, just a garage and a little patio in
front; Tustin residents have to have land and forty single-story
cottages would be perfect on that property to take care of the
seniors and the older people.
Pam Poucher, Noted she has lived at her current location in Tustin far 29 years;
Sandfield resident when Mr. Magstadt was speaking, he mentioned that he has been
Minutes -Planning Commission 9-11-07 -Page 15
doing this for many years and is very familiar with the whole
operation; he commended the staff of the presentation; her
question is why he would choose this property when the existing
zoning would not allow the height and density proposed.
Thelma Hatfield, Suggested that, if the developer is looking for future properties for
Mitchell resident these types of projects, Park Villas, where she has lived since
1975, may be next; pleaded with the Commission not to change the
zoning; noted this is a well-kept, pleasant, safe neighborhood; the
builder seems to be in this far the money, not for the quality of life;
asked that Tustin be kept as it is.
9:08 p.m. Recess
9:23 p.m. Meeting reconvened.
Nielsen Asked staff to respond to the public input.
Director Indicated that staff would be happy to respond to any specific
questions the Commission may have; the Traffic Engineer may
want to respond specifically to the comments made regarding the
Traffic Study and/or ask Mr. Foust, who prepared the study, to
comment on the technical analysis; staff could respond to
comments regarding the affordable housing component; some of
the comments provided in the staff report were very general
because there were several comments made at the first Public
Hearing and in the correspondence that was received; staff tried to
generalize those comments and provide responses accordingly,
not do so point by point; regarding the density issue, one of the
speakers was correct-it is an issue of gross versus net
calculation; 60 is the net, 71 would be the gross; there will be a
dedication requirement that extends into the street.
Nielsen Verified that the maximum would be 60 under the current zoning.
Director Stated that was correct.
Nielsen Asked staff for clarification regarding Ordinance No. 862.
Director Stated, without having the history of the ordinances with her, that
Ordinance No. 862 may refer to the setback requirement that
applies. to R-3 and R-4 properties that are adjacent to single-family
residences; staff can research the history of that law.
Nielsen Questioned whether staff had comments regarding the traffic study.
Lutz Stated he would defer specific questions to the Traffic Engineer,
Joe Foust.
Minutes -Planning Commission 9-11-07 -Page 16
Jae Foust, Austin- Referred to the 17 trips southbound being off as much as 120
Foust Associates percent; this analysis took, as CEQA requires, a worst-case
analysis; that is, 95 percent of the project traffic would head south
on Browning from the existing apartments as well as the proposed
condominiums; with the assignment of 95 percent of the traffic
going north and south on Browning, that constituted the most traffic
that would be going through what was identified early on as one of
the key traffic concerns of this project, Nelson School located close
by; putting the project in perspective, these 77 units will generate
approximately 600-700 trips a day; the county-wide CMP program
exempts development projects up to 2,400; the City staff, rightfully
so even though they might learn to regret it, chose to evaluate this
project in detail even though it substantially exceeded what would
be the criteria for a CMP type of traffic impact analysis; this project
is well below what is normally considered one that would be subject
to a CEQA and traffic impact basis on the county-wide CMP
guidelines; Walnut is carrying approximately 20,000 cars a day;
Browning has about 5,000 cars a day; there is a logic in going
south to Walnut rather than north to Mitchell; the volume on Walnut
is substantially higher than it is on Mitchell and Walnut leads to
more destinations; regarding the total volume of this project, even
at 95 percent on Browning; the volume of exiting traffic, whether
turning right or left, would be 43 vehicles in a hour in the morning;
there are already 800 vehicles on Browning, which is a five percent
change if all the vehicles go one direction; that applies no credit at
all for the existing apartments; whether the number is 17 or 22 or
34, 77 units would still have an insignificant impact in comparison
with the total volume of traffic.
In looking at the destinations and the direction of the traffic coming
out of the new development, the traffic will go north and south
through the crosswalk at Nelson School where there is a crossing
guard; the real issue with the school is there is no left turn, requiring
a U-turn within the intersection or onto the cul-de-sac street. That
count is about one car per minute during the peak times making a
U-turn. The point is that this project is adding 17 more dwelling
units and whatever traffic that will generate; 95 percent of that
traffic will go southbound on Browning. As a potential back-up
plan, everyone could be forced to turn left out of the project. Those
that want to get to Walnut would probably make a U-turn to do so.
Nielsen Asked if the study included school days.
Mr. Foust Answered that all the school counts took place when school was in
session; other counts were taken at Browning and Walnut this
spring; no counts were done when school was not in session.
Nielsen Invited the applicant to come forward and respond.
Minutes -Planning Commission 9-11-07 -Page 17
Mr. Magstadt Restated his position: the applicant has been in the process for one
and a half years through five submittals; it has been complicated
and time-consuming; adjustments have been made; modifications
were made to the site plan; the applicant meets and exceeds all the
development standards of the Tustin General Plan; concessions
and refinements have been ongoing to arrive at a project that
everyone could be proud of and would be a financial and living
success for the residents; additional concessions have been made
tonight based on the needs of the neighbors; while it is not possible
to meet all their concerns, the applicant has tried to do; he is
sympathetic to the residents who live in these units; there are State
standards regarding relocating tenants; the applicant exceeds
those State and local standards and goes beyond any of the
competitors regarding such concessions; he appreciates all the
time and effort everyone has put in and urges the Planning
Commission take everything into consideration and allow the
project to move forward.
9:40 p.m. The Public Hearing closed.
Kozak Thanked everyone for their participation.
Stated he reviewed all the materials carefully; visited the site on
multiple occasions; read all the letters that were received from the
residents, the developer's materials, the staff reports, etc. and
evaluated everything and considered the options that he sees.
This is a highly constrained site and a very challenging project for
everyone.
The key points are as follows:
Zoning -There seems to be a logic to having this property zoned
R-4 as it has been, adjacent to R-1 properties; he does not see the
need for a zone change; the economic feasibility argument
presented shows no planning basis for a zone change; it is
important to determine whether or not a project is detrimental; he is
hard-pressed to find that this project is not detrimental to the
general welfare of persons currently living in the neighborhood and
detrimental to the adjacent residential properties as the project has
been proposed and submitted to the Planning Commission for
consideration.
Harmonious Development - He noted the requirement for a finding
and conclusion that there is harmonious development. In looking at
the proposed project in relation to adjacent properties, it is his
opinion that the height, size, and scale are too large for this small
site. In terms of physical relationships of the proposed structures to
existing structures, the setbacks are lacking. The density on the
Minutes -Planning Commission 9-11-07 -Page 18
site is high. The project has a number of beneficial aspects, i.e.
architecture. He generally encourages the reuse, revitalization, and
rejuvenation of projects; however, in this case, the project as
proposed is too high, too close, and too dense; he is unable to
support the project as proposed. The project is not a good fit for
this site in this community. It may work in another location, but it is
his judgment that this looks like five pounds trying to be pressed
into atwo-pound box.
Murray Indicated this has been very tough; he reviewed everything, drove
by the site numerous times, even at night, to make sure he could
see it from the perspective of the residents; complimented staff and
the developer for their effort in trying to accommodate the
community. Change is never easy but sometimes compromise is
necessary. He has strong concerns regarding the aesthetics and
how they fit into that community; the setbacks have been his
concern since the beginning which stems from his background in
public safety. While measures and accommodations have been
made, the primary concern is the relocation plan. Those things are
important. In a situation like this and after hearing some of the
testimony from the people who live in the neighborhood, it is
evident that there is a special kind of character and those things are
hard to find. He cannot support the project as presented.
Puckett Offered his congratulations to all the people in the audience for the
organization involved in their presentation of their concerns;
indicated there is an opening for a Planning Commissioner; it is not
an easy job; he liked this project from the beginning and thinks it
would be good for that area; this is a good developer; a similar
project was approved on Walnut and Red Hill that was perfect for
that location; he likes the architecture; the developer has expressed
a willingness to work with the neighbors and with staff mare than
any developer he has seen during his years on the Planning
Commission and City Council; he commends the developer for his
willingness to work with the residents; he supports the project.
Nielsen Thanked staff for their diligent, hard work in putting together all the
information that it takes for this type of hearing; staff spent
countless hours going over the public input; he appreciates
everyone coming out and letting the Commission know his/her
feelings at both hearings; this sort of participation is what makes a
fair hearing fair; he looks at this project in a number of different
ways; he lost sleep and thought about the project until his head
ached; he read every letter and e-mail that was sent.
Suggested that this could be aprecedent-setting development; the
positives of the project include a developer that has put a lot of
effort and money trying to put together a project that he feels would
Minutes -Planning Commission 9-11-07 -Page 19
fit the location and the neighborhood; he met numerous times with
neighbors and has made some concessions to which no one in the
audience responded; the developer is trying to come to a
compromise in this situation; the architecture is fine and if the
project were correctly done it could be a major benefit to the
neighborhood.
Indicated the negatives of the project in his opinion are:
The setback issue, particularly in the western property line,
has been an issue with the neighborhood and with him since
the beginning.
The height examples, as shown in staff's well-researched
documentation, being close to a major R-1 development
would not affect an entire neighborhood the way this project
would.
Given the traffic situation around Nelson School, it is his
opinion the Traffic Study was too optimistic; he drives
Browning two to three times daily, and there are more cars
going from Browning toward Walnut; while he may be
accused of being over-cautious in trying to keep the children
safe, he is fine with that; with any project that goes in that
spot, there must be some sort of traffic mitigation; there is
not a Plan B, only the Traffic Study indicating there will be a
non-significant amount of traffic; anything that makes a bad
situation worse is a problem.
While the above might be worked out, the one thing he
could not get past was the zone change which could allow at
some time up to 100 units on that property; if that were
allowed to happen, it would destroy the neighborhood.
The developer is to be complimented for working hard on this
project; however, the project is too dense, needs larger setbacks,
and traffic mitigation near Nelson School; all would need to be
addressed for him to take another look at the project. While the
developer's heart may be in the right place, he is in the business to
make a profit. Transitioning rental property into ownership property
in Tustin is a good thing, but he cannot support this project as
submitted.
Cautioned the residents in the audience that a project will be built
on that property at some future time; the residents should be as
accommodating as possible to a developer that is trying to work
with them, because it would be much easier than an owner that will
not work with them.
Minutes -Planning Commission 9-11-07 -Page 20
Nielsen continued Asked staff how a motion should be presented.
Director Answered that there should be a motion to deny and direction to
staff to bring back resolutions for the Planning Commission's
consideration with Findings in support of a denial.
It was moved by Murray, seconded by Kozak, to deny. Motion
carried 3-1; Puckett dissented.
Director Noted that this is an appealable item; the appeal period would not
commence until the Planning Commission has. taken action on the
resolutions supporting its actions that the Commission directed staff
to bring to the next meeting.
None REGULAR BUSINESS
5. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 4,
2007, CITY COUNCIL MEETING.
Presentation: Elizabeth A. Binsack, Community
Development Director
Director reported The City Council approved the plans and specifications to advertise
the bids for the Tustin Library.
Reminded the Commission that the Old Town commercial tour is
planned at 5:30 p.m. before the September 25, 2007, Planning
Commission meeting.
Noted that the Planning Officials Forum flyer was e-mailed to the
Commissioners; the Forum is scheduled for October 18; there
should be some interesting presentations, one of which will be
Prospect Village; the Commissioners are encouraged to attend.
COMMISSION CONCERNS
Murray Stated that this has been a great example of City government at
work.
Commended the citizens for coming out to share their feelings and
concerns and staff for all their research and hard work.
Suggested the Red Hill Lutheran expansion and the Strike Bowling
facility are welcome additions to the City.
Complimented The Sully Group for their efforts and concessions.
Minutes -Planning Commission 9-11-07 -Page 21
Murray continued Applauded his peers on the Planning Commission for their opinions
and careful research and thoughts.
Asked that the meeting be adjourned in memory of 9-11-01, just as
the meeting began.
Kozak Agreed with Commissioner Murray's adjournment suggestion.
Offered his thanks to staff for their work, particularly on Agenda
Item No. 4, a challenging item for everyone involved.
Noted that he attended with Chair Nielsen the Saturday evening
Tustin Conservancy barbecue; and, thanked Linda and Steve
Jennings for sponsoring that event.
Referred to the vacant Arco site on Red Hill; and, asked that staff
arrange for the lot to be cleared of weeds.
Puckett Stated that tonight was a tremendous example of government in
action with all the people involved and committed to their cause.
Noted the Red Hill school project looks wonderful; the fact that they
are progressing and able to expand is impressive.
Indicated that he will be returning to Kansas next week fora 75~'
anniversary of the home church where he grew up, founded on
September 23, 1932.
Asked if there has been any progress regarding Katherine Spur.
Director Indicated the studies related to the Spur are dormant at this time;
studies have been done looking at various alternatives; staff is now
waiting for some cost estimates of those alternatives; the last
estimate was in the early 1990s and those estimates are out of
date.
Puckett Questioned whether or not there is a concern with the pipeline.
Director Answered that the pipeline has been abandoned, but easements
still exist.
Puckett Indicated that his Peppertree neighbors continue to ask what can
be done to get something started there; and, asked that staff keep
him apprised regarding any developments.
Director Stated that the analysis performed by staff could be provided to
anyone who might be interested.
Minutes -Planning Commission 9-11-07 -Page 22
Puckett Noted that closing in honor of the victims of that dark day in history,
9-11-01, would be appropriate.
Nielsen Stated that the Commission took the Heritage Village project very
seriously; it was difficult, but important, to choose the right decision;
it was also important that the community came out to express their
opinions; the developer was trying to be accommodating in order to
get his project approved, and it would be good to see something
more accommodating back from him that the Commission could
work with.
Thanked staff for all the work on that project.
Noted his enjoyment of the Tustin Conservancy barbecue; every
time he attends a Conservancy event, he learns something new:
this time he teamed which houses had cellars.
Agreed with the suggestion of adjourning in honor of the 9/11
victims.
10:11 p.m. ADJOURNMENT
In Memory of the Victims of 9-11-01
The next regular meeting of the Planning Commission will be held
Tuesday, September 25, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
~'iL! ~ .
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 9-11-07 -Page 23
Chairperson
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 25, 2007
7:00 p.m. CALL TO ORDER
Oath administered 1. SEATING OF COMMISSIONER JEFF THOMPSON
by Councilman
Doug Davert
Given PLEDGE OF ALLEGIANCE
All present ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, and Thompson
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Minoo Ashabi, Associate Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 4-1; 2. APPROVAL OF MINUTES -SEPTEMBER 11, 2007,
Thompson PLANNING COMMISSION MEETING.
abstained
It was moved by Puckett seconded by Murray, to approve the
Minutes. Motion carved 4-1; Thompson abstained.
Resolution No. 4064 3.
was omitted
Resolution No.
4065 was
approved, as
modified
Resolution No.
4066 was approved
DRAFT RESOLUTIONS OF DENIAL (HAMPTON
VILLAGE); ZONE CHANGE 06-002, TENTATIVE TRACT
MAP 17096; CONDITIONAL USE PERMIT 06-024, DESIGN
REVIEW 06-020
At the September 11, 2007, the Planning Commission
denied the project and directed staff to prepare resolutions
of denial. The following resolutions have been drafted per
the Commission's request:
Minutes -Planning Commission 9-25-07 -Page 1
Vote 4-1; 1. Resolution of finding that the Mitigated Negative
Thompson Declaration (MND) is not adequate for Conditional Use
abstained Permit 06-024 and Design Review 03-020 and
recommending that the City Council find that the MND
is not adequate for the Zone Change 06-002 and
Tentative Tract Map 17096;
2. Resolutions of denial of Conditional Use Permit 06-024
and Design Review 06-020; and,
3. Recommendation of denial to the City Council of Zone
Change 06-002 and Tentative Tract Map 17096.
Nielsen Stated that Item No. 3 should be pulled for discussion.
Director Indicated that at the last Planning Commission meeting the
Commission took action on a 3-1 vote to deny the projects listed
above and requested that staff return with resolutions of denial.
Staff. proposed the following:
• Omit Resolution No. 4064 related to the Mitigated Negative
Declaration.
• Resolution No. 4065, Finding K, references a section of the
California Environmental Quality Act Section 15270, a
statutory exemption to projects that are denied either by the
Planning Commission or City Council; a similar Finding was
included in Resolution No. 4066.
• Resolution No. 4066, staff modified Finding D, the last bullet
point related to traffic impacts to read that "the density,
aesthetics and traffic impacts of the proposed tentative tract
map or the proposed improvements were not adequately
addressed in the mitigated negative declaration."
• A denial without prejudice gives the applicant the ability to
reapply; if denied with prejudice, the applicant would not be
allowed to do so for at least a year.
Nielsen Asked, regarding Resolution No. 4065, Item H, whether the
Planning Commission's consensus was related to the height and
the architecture; his recollection was that the consensus related to
the height only.
Kozak Stated he was concerned about the density and the height.
Minutes -Planning Commission 9-25-07 -Page 2
Murray Noted that the height was the most important concern.
Puckett Stated that he was in favor of the architecture.
Nielsen Added that there was public input that addressed the architecture,
but his understanding was the consensus focused on the height
and that reference to architecture should be removed from Finding
H of Resolution No. 4065.
It was moved by Murray, seconded by Kozak, to approve Item No.
3, with the modifications noted above. Motion carried 4-1.
Thompson abstained.
Puckett Stated he was voting with the ma~rity since the denial is proposed
without prejudice.
None PUBLIC HEARINGS
REGULAR BUSINESS
Received and 4. FOLLOW-UP DISCUSSION: TOUR OF OLD TOWN
provided direction COMMERCIAL AREA
to staff
The primary purpose of the discussion is to identify possible future
agenda items related to the Old town Tustin Commercial area. The
discussion also provides a forum for the Commission to generally
discuss the tour and to make recommendations for future tours.
Nielsen Thanked staff for the tour of the Old Town Commercial area; it was
very educational and informative; driving through Old Town, one
does not realize how much commercial and retail business there is
in Old Town.
Indicated it would be his suggestion that the next tour should
involve the communities in southern Tustin-Laurelwood,
Peppertree, Tustin Meadows, Summerfield-and then perhaps
Tustin Ranch and other residential areas, continuing the outreach
with the tours and talking with the residents in the communities.
Puckett Commended staff for the booklet prepared for the tour and
encouraged the general public to secure a copy; it provides great
insight into the architecture and history of Old Town Tustin.
Thompson Agreed that the tour was very informative and complimentary to the
ongoing planning; the City completed street improvements recently;
it seems there may be opportunities for lighting of the trees and
Minutes -Planning Commission 9-25-07 -Page 3
similar ideas to be considered in the future to continue the roll-out of
good things that are happening in Old Town.
Kozak Thanked staff and the member of the public who joined the second
Old Town Tour which complimented the. earlier tour of the
residential areas.
Suggested that the Planning Commission give consideration to
summarizing the information from the two tours of Old Town to
assist the Commission in developing the work plan for historic
resources preservation responsibilities; complementary to that
might be looking at how the work plan would fit with the comments
that have been shared regarding the development of Design
Guidelines for both areas of Old Town; this could go along with
identification of non-confirming uses and structures and charting a
course for the future, having a plan and a way to deal with the
opportunities and bring some context to the opportunities that exist
in residential, commercial, and retail that would guide the Planning
Commission's work in this area.
Murray Agreed that the tours are informative and educat~nal and the
information being gathered will help strategically as the
Commission looks at the future of Old Town.
Nielsen Stated that Commissioner Kozak's idea is excellent.
Kozak Indicated he would be willing to meet with staff to develop some of
the ideas further after which staff could return with a plan for
Commission consideration.
Nielsen Suggested that Commissioner Thompson may be willing to
contribute his vast knowledge of Old Town in this regard.
Requested that the Commission provide staff guidance regarding
the next step in the ongoing outreach; his feeling would be that after
concentrating on Old Town it might be appropriate to move to the
south side of the City and move north.
Puckett Asked if The District would be included in the southern portion.
Director Stated there is a lot that staff would like to show the Commission at
The District.
Nielsen Indicated starting with The District would be fine.
Minutes - Pianning Commission 9-25-07 -Page 4
It was moved by Kozak, seconded by Murray, to receive and file the
report. Motion carried 5-0.
Received report 5. PROJECT SUMMARY
The summary focuses on the status of projects that the Planning
Commission, Zoning Administrator, or Community Development
Director, approved major projects, and other items of interest.
Director Reviewed the purpose of the Project Summary for the benefit of the
newer Commissioners.
Nielsen Asked if the Franklin Avenue public storage permit expires the
applicant would be able to reapply.
Director Answered in the negative, due to prohibition of these uses; various
letters have been sent identifying the need to act on any building
permits.
Nielsen Requested the tentative timeframe for completion of the zoning
map.
Reekstin Indicated that the map is very near completion; it will provide a
much better reference map than the one currently in use; the
zoning code work is still underway.
Nielsen Asked if the revised code would include the new zoning
designations.
Reekstin Answered in the affirmative.
Nielsen Questioned whether there would be outreach to residents who
might be affected by the nomenclature to reassure them that their
zoning is not being changed.
Reekstin Answered in the affirmative.
Puckett Asked for the status of In-N-Out Burgers.
Director Indicated that staff has been waiting for them to begin construction
and expected that to begin much sooner since they are a critical
piece to the puzzle; there was turnover within the corporate
structure that caused some of the delay.
Kozak Thanked staff for the summary report; it is always good to see a lot
of activity going on that is attracting new businesses and quality
Minutes -Planning Commission 9-25-07 -Page 5
development to Tustin; the Public Works projects are adding to the
quality of life in Tustin.
Nielsen Noted that the summary informs the Commission and the public
what is going and a lot of the work the staff does in preparing these
projects; and, complimented staff for their hard work and diligence
in this regard.
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 18,
2007, CITY COUNCIL MEETING.
Director reported The item related to Hampton Village was continued to await the
adoption of the Planning Commission resolutions; the item was
tabled until further notice; staff understands the applicant intends to
appeal the items; the zone change, conditional use permit, tentative
map, and design review will be heard together; the date is unknown
but may be the second City Council meeting in October or the first
meeting in November, staff will be providing public notice (as
required by law) that willl include residents within 300 feet,
everyone who asked to be notified, anyone who provided a letter to
either the Planning Commission or the City Council, and anyone
who spoke at the two Planning Commission meetings; notice will
also be provided in the newspaper and at the project site.
Nielsen Asked if there is a timeframe not cation.
Director Answered that the appeal has not yet been received; the appeal
period would not begin until the Planning Commission action this
evening; the applicant can file the appeal as early as tomorrow;
staff would have to provide ten days' notice, including the notice to
the newspaper, which sometimes takes rrwre than ten days.
Noted that the City Council interviewed candidates and appointed
Commissioner Thompson to the Planning Commission; and,
offered congratulations to him.
COMMISSION CONCERNS
Thompson Indicated he had no concerns; he is in a high teaming mode and
appreciates the guidance he has received along the way.
Murray Congratulated Commissioner Thompson on his appointment; and,
stated he looks forward to working with him.
Minutes -Planning Commission 9-25-07 -Page 6
Murray continued Noted the Summary of Projects is very useful for one also on the
teaming path.
Reiterated that the tours have been very helpful to him as a
relatively new Commissioner; the tours provide the Commissioners
a great opportunity for outreach into the community to let the
residents know the Commission is always trying to do the best for
Tustin.
Commended and thanked staff for their hard work and detailed
reports.
Kozak Congratulated Commissioner Thompson on his appointment to the
Commission; he looks forward to working with Mr. Thompson for
years to come.
Commented that he looks forward to teaming more about the
community through future walking tours.
Reminded everyone the 50~' Tustin Tiller Days celebration takes
place this weekend; he looks forward to seeing everyone there.
Puckett Added his congratulations to Commission Thompson for his
appointment to the Commission; he had suggested that Mr.
Thompson do so a few years ago; it is good to see that come to
fruition; this is the most professional group he has worked with
during his years on the Planning Commission.
Reported that the Red Hill Lutheran Church applicants for the life
center project were very appreciative of the professional demeanor
of staff and the Planning Commission in dealing with the
application; this will be a wonderful addition to the City.
Noted that Chairman Nielsen's rosy cheeks were the result of he
and Commissioner Puckett representing the Planning Commission
at the Chamber golf toumament earlier in the day.
Nielsen Thanked Chair Pro Tem Puckett for his remarks regarding. the golf
toumament which also benefrts the Village of Hope, a worthy
cause.
Puckett Pointed out that Chair Nielsen was too shy to share that he got the
only eagle of the day.
Nielsen Responded that "even a blind squirrel can find an atom" once in a
while.
Minutes -Planning Commission 9-25-07 -Page 7
Nielsen continued Thanked the Chamber for inviting the Commissioners to participate
in this worthy cause.
Wished Mayor Lou Bone a Happy 70"' Birthday, which he will be
celebrating soon; he looks great and is an inspiration for us all to
stay active and involved.
Stated that after, reviewing the projects and being on the
Commission for a number of years during much of the planning for
The Legacy, he feels that members of the staff do not always
receive the credit for all that they do, not only the staff present but
also Bill Huston and Christine Shingleton, who have been working
diligently for years in acquiring the land, overseeing the planning,
seeing the construction through; this is a massive project for a small
town Tustin's size; the amount of dedication, work, extra hours to
accomplish all this did not receive enough notice from the outside
and should be commended; staff did an excellent job, particularly in
the early stages, in putting this development together; he offered
hearty congratulations to staff for their work on this magnificent
project.
7:35 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, October 9, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centenn
~~L lz~.~~~.~~~~ct~~'~~
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 9-25-07 -Page 8
HISTORIC RESOURCE COMNIITTEE ACTION MINUTES
OCTOBER 18, 2006
Members Present: Lucille Burch, Linda Jennings, John Radice, Brian Sjoberg (late
arrival)
Members Absent: Llyn Smith
Others Present: Doris Radice, Mimi Whitney, Elizabeth Binsack, Scott Reekstin
Call to Order
The meeting was called to order at 6:07 p.m.
Consent Calendar
Member Burch moved that the Minutes of the September 7, 2006, meeting of the Historic Resource
Committee be accepted. Member Radice seconded. Motion carried 4-0.
Public Concerns
There were no public concerns.
Regular Business
1. Preservation of Post World War II Residences
The Director noted that if the Committee is desirous of undertaking this effort it should add
this item to their work program and request Council authorization because it would involve a
commitment of staff resources.
The Committee discussed their desire to do most of the work involved and their interest in
identifying residences that should be added to the City's Historical Resources Survey or
those that should receive different ratings.
The Committee agreed to agendize a review of their work program for their next meeting.
(Member Sjoberg arrived)
2. Tustin Historic Re 'sgi ter (Historic Plaque Program)
No action was taken on this item.
3. Commendation Program for Projects of Outstanding Merit
Chair Jennings noted that the owner of the property at 450 West Third Street was not
desirous of receiving the commendation that was approved by the Committee (on September
7, 2006.)
In lieu of the property at 450 West Third Street, the Committee selected the property at 160
Pacific Street as the commended property for the fourth quarter of 2006. The selected
historic name is "Turner House."
4. Urban Land Institute Advisory Service Panel Presentation Materials
The Director provided an update to the Committee and noted that the study area was
expanded to include Old Town.
5. Certificates of Appropriateness
The certificates of appropriateness that were issued since the September meeting were
briefly discussed.
Committee Concerns
Member Radice noted that I) the construction fence at the Prospect Village project extends
beyond the curb and that 2) some individuals would like their names to be removed from the
HRC mailing list.
Member Sjoberg noted that 1) he has seen fewer abandoned shopping carts in and around
Peppertree Park and 2) suggested that the HRC participate in the Tiller Days 2007 Parade.
Staff will agendize the parade participation item for a future agenda.
Vice Chair Burch complimented the Tiller Days Parade, including the new route.
Chair Jemiings noted that she spoke with Mayor Davert, and that the Mayor suggested that
the Tustin Preservation Conservancy consider developing Commercial Design Guidelines
for Old Town.
Chair Jennings requested a status report on the proposed park on El Camino Real in Old
Town.
The Director noted that the park site plan will be e-mailed to Committee members.
Chair Jennings commented that the Tustin Area Historical Society will be participating in
the Veterans Day Stationary Parade and that the Tustin Preservation Conservancy may offer
trolley rides.
The Director remarked that the HRC members may be required to receive two hours per year
of ethics training, effective January 1, 2007. The training might be available on tape and/or
on the Internet.
Chair Jennings mentioned that Martin Weil would be available to give a training
presentation in January. Staff will contact the cities of Orange and Santa Ana to see if they
would be interested in jointly sponsoring the training and sharing the cost. Staff would
provide Mr. Weil with the locations of current projects in Old Town.
Member Sjoberg asked about the status of the closed Tony's Sea Landing Restaurant, which
will be reopened as an Oggi's Restaurant.
The next Historic Resource Committee meeting is scheduled for January 11, 2007, at 6:00
p.m.
The meeting adjourned at 7:15 p.m.
PART 5 COMBINING AND OVERLAY DISTRICTS
PART 5 COMBINING AND OVERLAY DISTRICTS
9251 COMBINING PARKING DISTRICT (P)
a Permitted Uses
All uses in the districts with which the "P" is combined.
b Development Standards
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1. As specified in the district with which the "P" District is combined, unless superseded by the
provisions of this district
2. Front yard requirement: Layout of landscaping
3. Off-street parking:
(a) Retail stores: One (1) parking space for each 200 square feet and one (1) loading
space for each 10,000 square feet of store floor area
(b) Office buildings: One (1) space for each 300 square feet of floor area
(c) Wholesale and industry: Two (2) spaces for each three (3) employees, but not less
than one (1) space for each 2,000 square feet of the total ground and building area used
for sales, storage, warehousing, or manufacturing; and one (1) loading space for each
5,000 square feet of floor area
(d) Restaurants: One (1) space for each three (3) seats
(e) Public assembly: One (1) space for each three (3) seats
(f) Theatres: One (1) space for each three (3) seats
(g) Hotels: One (1) space for each two (2) guest rooms (Ord. No. 293)
(h) Hospitals: One (1) space for each 1,000 square feet of floor area
(i) Clinics: One (1) space for each 200 feet of floor area
Q) The Planning Commission may prescribe the amount of parking for uses not listed
herein.
(Ord. No. 157, Sec. 4.13)
9252 CULTURAL RESOURCE DISTRICT (CR)
a Purpose
Tustin has played a vital role in the history of Orange County and has retained a rich and unique
cultural heritage. It is hereby declared as a matter of public policy that the recognition, preservation, protection
and use of culturally significant structures, natural features, sites and neighborhoods within the City of Tustin is
required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of
City residents. The purpose of Cultural Resource District is to:
1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and
features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political,
social, natural and engineering heritage.
2. Encourage public knowledge, understanding and appreciation of the City's past.
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3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition
and use of cultural resources.
4. Promote the private and public enjoyment, use and preservation of culturally significant
neighborhoods, structures and sites appropriate for the education and recreation of the citizens
of Tustin and visitors to the City.
5. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic
appeal of the City.
6. Enhance property values and increase economic and financial benefits to the City and its
inhabitants.
7. Assure that new construction and subdivision of lots in the Cultural Resource District are
compatible with the character of the district.
8. Identify as early as possible and resolve conflicts between preservation of historic and
cultural resources and alternative land uses.
b Applicability
1. The Cultural Resource District is an overlay district and shall apply to those properties as
shown on the official Tustin Zoning Map and to those cultural resource structures and sites as
may be designated by resolution of the City Council and listed by address and filed with the
Department of Community Development.
2. The zoning district map shall be amended to indicate the application of the Cultural
Resources District. The designation CR shall be added after the underlying zoning designation.
3. The requirements of this section shall be considered in conjunction with the requirements of
the underlying district. If a conflict exists between the requirements of the underlying district and
this section the requirements of this section shall apply.
c Planning Commission
The Planning Commission shall advise the City Council on all matters relating to historic and cultural
resources, including without limitation, matters affecting the establishment of a Cultural Resource District,
designation of Cultural Resources, and as a liaison between residents, property owners, and the City Council
within a Cultural Resources District. In performing its historic and cultural resources duties, the Planning
Commission shall not exercise any independent final decision-making authority orexpend city funds. Actions of
the Commission shall not be considered actions of the City and shall not be represented as such.
d Cultural Resource Designation Criteria
For the purposes of this section, an improvement or natural feature may be designated a cultural
resource by the City Council, and any area within the City may be designated as a Cultural Resource District
by the City Council if it meets the following criteria:
1. It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic,
social, economic, political, artistic, engineering and or architectural heritage; or
2. It is identified with persons, a business. use or events significant in local, state, or national
history; or
3. It embodies distinctive characteristics of style, type, period, or method of construction, or is a
valuable example of the use of indigenous materials or craftmanship; or
4. It is representative of the notable work of a builder, designer, or architect; or
5. Its unique location or singular physical characteristic represents an established and familiar
visual feature of a neighborhood, community or the City; or
6. Its integrity as a natural environment or feature strongly contributes to the well being of
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residents of the City or the well being of a neighborhood within the City; or
7. It is a geographically definable area possessing a concentration or continuity of site,
buildings, structures or objects as unified by past events or aesthetically by plan or physical
development.
e Cultural Resource Designation Procedures
Cultural Resource Districts and Designated Cultural Resources shall be established by the City Council
as follows:
1. Any person may request the designation of an improvement as a cultural resource or the
designation of a Cultural Resource District by submitting an application for such designation to
the Community Development Director. The Committee or City Council may also initiate such
proceedings on their own motion.
2. The Community Development Director or City Council shall refer the proposed request to
the Committee for their study, review and recommendation.
3. The Committee shall conduct a study of the proposed designation and make a preliminary
determination based on such documentation as it may require as to its appropriateness for
consideration. If the Committee determines that the application merits consideration, but only if
it so determines, it shall schedule and notice a public hearing.
4. The Committee's decision to schedule or not to schedule a public hearing shall be in writing
and shall be filed with the Community Development Department. Notice of a decision not to
schedule a public hearing shall be given by mail to the applicant. No permits for alteration,
demolition or removal of any improvement, building or structure within the proposed Cultural
Resources District or relative to a proposed cultural resource shall be issued while the public
hearing or any appeal related thereto is pending.
5. In the case of a proposed Designated Cultural Resource, notice of the date, place, time and
purpose of the hearing shall be given by first class mail to the applicant, property owner, and
occupants of the improvement at least ten (10) days prior to the date of the public hearing, using
the name and address of such owners as shown on the latest equalized assessment rolls, and
shall be advertised once in a newspaper of general circulation.
6. In the case of a proposed Cultural Resources District, notice of the date, place, time and
purpose of the hearing shall be given by first class mail to the applicant, property owners and
occupants of all properties within the proposed district at least ten (10) days prior to the date of
the public hearing, using the name and address of such owners as shown on the latest
equalized assessment rolls, and shall be advertised once in a newspaper of general circulation.
7. At the conclusion of the public hearing, but in no event more than thirty (30) days from the
date set for the initial public hearing for the designation of a proposed Cultural Resource or
Cultural Resource District, the Committee shall recommend approval in whole or in part, or
disapproval in whole or in part of the application in writing. In the case of a proposed Cultural
Resource District, the Committee's recommendation shall be forwarded to the Planning
Commission who shall follow all Zoning Amendment procedures contained in the Tustin
Municipal Code considering establishment of the Cultural Resource District. In the case of
designation of a Cultural Resource or site, the Committee's recommendation shall be
transmitted directly to the City Council.
8. The City Council, after receipt of the recommendations from the Planning Commission for
designation of a Cultural Resource District, shall by ordinance approve the application in whole
or in part, or shall by motion disapprove it in its entirety. In the case of designation of a Cultural
Resource recommended by the Committee the City Council shall by resolution approve the
application in whole or in part of, or by motion disapprove the request.
9. Failure to send any notice by mail to any property owner where the address of such owner is
not a matter of public record shall not invalidate any proceedings in conjunction with the
proposed designation.
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10. As soon thereafter as reasonably possible the Community Development Department shall
send by first class mail a copy of the Ordinance designating a Cultural Resource District or a
certified copy of the resolution designating a Cultural Resource to the property owner or owners
in the District or the property owner or owners of the Cultural Resource, as applicable.
11. Amendment, revision or deletion of a designation may be accomplished by following the
above procedures.
f Certificate of Appropriateness Required
1. A Certificate of Appropriateness shall be required prior to:
(a) Alteration of the exterior features of a building or site within a designated Cultural
Resource District, or alteration of a Designated Cultural Resource, or construction of
improvements within a designated Cultural Resources District requiring a City building
permit.
(b) Demolition or removal of any Designated Cultural Resource or of any improvements
in a Guttural Resource District.
(c) A certificate of appropriateness shall not be required for the following: (1) ordinary
maintenance or repairs that do not involve a change in design, exterior material or
original appearance of an improvement, nor (2) any construction, reconstruction,
alteration or removal of any feature which has been determined by the Building Official
to be necessary to protect the public health or safety due to an unsafe or dangerous
condition provided the Building Official certifies such action.
g Procedure for Certificate of Appropriateness
1. Application for a Certificate of Appropriateness shall be made on forms provided by the
Community Development Department and shall contain whatever detailed information (plans,
drawings, agreements, photographs, etc.) as is determined by the Community Development
Department to be necessary for the Department to act on the request. Where the proposed
project requires other discretionary approvals such as a tentative tract map, the background
information shall also be concurrently submitted to the Departmenton each of these
applications.
2. Applications for Certificate of Appropriateness shall comply with the California
Environmental Quality Act (CEQA).
3. The Community Development Director shall have the authority to approve, approve with
conditions, or deny Certificates of Appropriateness for improvements requiring a City building
permit. In reviewing applications for a Certificate of Appropriateness, the Director may consult
with and receive the advice and recommendation of the Historic Resource Committee prior to
rendering a decision.
4. The decision of the Community Development Director is appealable to the Planning
Commission and any decision of the Commission is appealable to the City Council. Any appeal
shall be made in writing and delivered to the Department of Community Development no later
than seven (7) calendar days from the date of the decision. Such appeal shall specify the
grounds upon which the appeal is based and be accompanied by a fee set by resolution of the
City Council. Planning Commission or the City Council, as applicable, shall set the matter for
consideration at the next regular meeting of the Commission or City Council, and shall give
written notice to the appellant of the time and date set for consideration of the appeal. Upon the
hearing of such appeal, the Commission or City Council may affirm, reject, or modify a decision
on the Certificate of Appropriateness.
5. A Certificate of Appropriateness shall lapse and become void one (1) year following the date
on which the certificate was approved unless the conditions of the approval specify a lesser or
greater time or unless, prior to such expiration date, a building permit is issued by the Building
Official and construction is commenced and diligently pursued toward completion on the site
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which was the subject of the application. A Certificate may be renewed for an additional period
of one (1) year or for a lesser or greater period provided that prior to the expiration of the time
period granted, an application for renewal of the permit is filed with the Community
Development Department. The Community Development Director may approve, approve with
conditions or deny an application for renewal of a Certificate of Appropriateness; such decision
may be appealed as set forth in paragraph 4 above.
6. Any Certificate of Appropriateness granted in accordance with the terms of this section may
be revoked by the City Council in the manner hereinafter set forth if any of the conditions or
terms of such Certificate are violated or upon violation of any applicable provisions of this
section.
Before the Council considers revocation of any Certificate of Appropriateness, the Planning
Commission shall hold a hearing thereon after giving written notice thereof to the permittee at
least ten (10) days in advance of such hearing. Within five (5) days thereafter, the Commission
shall transmit a report of its findings and its recommendations on the revocation to the City
Council who will act on the matter.
h Required Findings for Construction or Alteration
The following findings are required for issuance of a Certificate of Appropriateness for alteration of
Designated Cultural Resources, or for construction of improvements within a Cultural Resource District. No
Certificate shall be issued if the findings cannot be made. For work on a Designated Cultural Resource within a
Cultural Resource District, the required findings for both the resource and district shall be made.
1. Alteration of a designated cultural resource:
(a) The proposed work will not detrimentally alter, destroy or adversely affect the
resource and, in the case of a structure, is compatible with the architectural style of the
existing structure.
(b) The proposed modification will retain the essential elements which make the
structure, site or feature culturally significant.
2. Construction of improvements in a Cultural Resource District.
(a) The proposed work conforms to the Municipal Code and design standards which
may be established from time to time by the Historic Resource Committee.
(b) The proposed work does not adversely affect the character of the district or
Designated Cultural Resources within the district.
(c) The proposed work is harmonious with existing surroundings. The extent of
harmony shall be evaluated in terms of appropriateness of materials, scale, size, height,
placement and use of a new building or structure in relationship to existing buildings and
structures and the surrounding setting.
i Findings and Additional Permit Procedures for Demolition, Removal or Relocation of Designated Structures or
Structures Constructed Prior to 1940:
1. A Certificate of Appropriateness for the demolition of a Designated Cultural Resource shall
not be approved unless the Community Development Director or, on appeal, the City Council
finds that one (1) or more of the following conditions exist:
(a) The structure/site is a hazard to public health or safety and repairs or stabilization
are not physically possible.
(b) The site is required for a public use which will be of more benefit to the public than
the Cultural Resource, and there is no feasible alternative location for the public use.
(c) For a Designated Cultural Resource only:
(1) It is not feasible to preserve or restore the structure, taking into
consideration the economic feasibility of alternatives to the proposal.
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(2) The proposed replacement structure does not detract from the
neighborhood.
(d) Reconstruction or restoration is not economically feasible or practical.
2. No person shall carry out or cause to be carried out any demolition, removal or relocation of
a Designated Cultural Resource or structure within a Cultural Resource District built prior to
1940 without first receiving a demolition or relocation permit from the City. Such permit shall not
be issued unless one of the following events has occurred and in the case of a demolition the
applicant has complied with i.3 below:
(a) A Certification of Appropriateness has been approved by the Community
Development Director or by the City Council on appeal; or
(b) A period of 180 days has expired from the date of the Community Development
Director's denial of the Certificate of Appropriateness, and there has been no City
Council appeal
(c) A period of 180 days has expired from the date of City Council denial of a Certificate
of Appropriateness.
3. In addition to the above requirement, no demolition permit or relocation permit shall be
issued for the demolition or relocation of a Designated Cultural Resource or structure within a
Cultural Resource District built prior to 1940 until a Certificate of Appropriateness and City
building permit has been issued for a replacement structure.
j Design Criteria and Development Standards
1. The City Council may establish, promulgate and adopt by resolution, design criteria and
standards for properties as are necessary to supplement the provisions of this section as a
guide to evaluate applications for Certificates of Appropriateness, said criteria may include, but
not be limited to, the following:
(a) Acceptable materials for new construction such as stucco, masonry, metal, and
glass curtain;
(b) Appropriate architectural character, scale, and detail for new construction;
(c) Acceptable appurtenances to new and existing structures such as gables, parapets,
balconies and dormers;
(d) Acceptable textures and ornamentation such as paint colors and types, use of
wood, stone, metal, plaster, plastics, and other man-made materials, use of shutters,
wrought and cast iron, finishes of metal, colors of glass, such as silver, gold, bronze,
smoke, and other details or architectural ornamentation;
(e) Acceptable accessories on new or existing structures such as light fixtures, gas
lights, canopies, exterior carpentry, the or wood, signs, banners, flags and projections.
2. Residential standards
(a) Permitted uses:
(1) All uses shall be permitted in the Cultural Resources Overlay District as are
authorized in the underlying Residential District.
(2) The City Council may also permit other nonlisted uses which support the
purposes of the district as a conditional use following a public hearing and
recommendation by the Planning Commission.
(b) Site development standards (applicable to creation of new lots only):
(1) Minimum single-family lot size: 10,000 square feet.
(2) Minimum multiple-family lot size: 15,000 square feet.
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Development of existing lots within the CR District may proceed consistent with the
underlying residential zoning district. (Ord. No. 1207, Sec. 2, 11-16-98)
3. Commercial standards
(a) Permitted uses:
(1) All uses shall be permitted in the Cultural Resource District as are
authorized in the underlying commercial district. The City Council may also
permit other nonlisted uses which support the purpose of the district as a
conditional use following a public hearing and recommendation from the Planning
Commission.
(b) Limitations on permitted uses:
(1) No merchandise shall be displayed nor advertised for sale on or over public
right-of-way. This section is not to be construed as restricting nor limiting the
outside display and sale of merchandise on private property within the district.
(c) Authorized and encouraged uses:
The following uses are authorized and encouraged with the interest of creating a
commercial village atmosphere:
TABLE INSET:
Pipe and tobacco
shops Lamp shops
Wine tasting rooms Yardage goods
Leather goods Knit shops
Candle shops Ice cream shops
Boutique Jewelry shops
Coffee shops Wrought iron ware
Ethnic restaurants Art galleries
(Spanish, Mexican,
French, German) General offices
(if located on any floor above and if less than 50 percent of total area
are occupied by general offices, consistent with Section 9233a(1)(g)
Hobby shops Delicatessens
Photographer's
studios Antique shops
China and crystal Gift shops
The above list of potential uses is not all encompassing but typifies the character of uses
that illustrate the desired image.
(Ord. No. 1251, Sec. 2, 5-20-02)
(d) Site development standards and exception
In order to provide maximum flexibility in design and development for various lot sizes,
consistent with a concept of village environment, the following criteria and exceptions
are applicable:
(1) Front building setbacks may be established at the property line except for
corner properties requiring afive-foot line of sight clearance.
(2) Rear yard setbacks shall be established at fifteen (15) feet from the rear
property line, or in the event the development extends to the next intervening
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street, the rear setback line shall be construed as the frontage on "C" or Prospect
Streets.
(3) As an exception to the general sections of this Chapter and other provisions
of the Zoning Ordinance, when commercial and professional properties are
developed or converted to permitted uses under the provisions of this section,
on-site parking requirements may be modified under any one or a combination of
the following provisions:
a Property or properties that lie within a Vehicle Parking Assessment
District or Business Improvement Area shall be exempt from the
requirement for on-site parking accommodations, subject to the
provisions of the Parking or Improvement District Ordinance.
b. On-site parking requirements may be waived upon the presentation to
the City of a long term lease, running with and as a condition of the
business license, for private off-site parking accommodations within 300
feet of the business or activity to be served.
c. All or a portion of required number of parking spaces may be satisfied
by depositing with the City an amount, to be used for public parking
accommodations within the area, equal to four (4) times the assessed
value as determined from the latest assessment roll of the County
Assessor, of 200 square feet of land within the area, for each required
parking space not otherwise provided.
(e) Public improvements
Public improvements contributing to the motif of the area and the intent of this section
are to consist of the following:
(1) Street furniture for convenience of the pedestrian shopper to consist of
benches and trash receptacles.
(2) Street lighting with the use of stanchions and fixtures that contribute to the
development theme.
(3) Street portals to create an identity of approach to the area for vehicle and
pedestrian traffic.
(4) The use of wishing wells as theme and area identity.
(5) Street and traffic patterns that segregate vehicle from pedestrian traffic by
providing rear access to parking accommodations, delivery services, and through
traffic, with frontage accommodations for pedestrians and short term
convenience parking.
k Duty to Keep in Good Repair
The owner, occupant, or other person in actual charge of a Designated Cultural Resource shall keep
the exterior of any designated structure, site, or feature in good repair.
I Enforcement and Penalties
1. Methods of enforcement. In addition to the regulations of this section which govern the
approval or disapproval of Certificates of Appropriateness covered by this section, the
Community Development Department shall have the authority to implement the enforcement
thereof by any of the following means:
(a) Serving notice requiring the removal of any violation of this section upon the owner,
agent, occupant or tenant of the improvement, building, structure or land;
(b) Calling upon the city attorney to institute any necessary legal proceedings to
enforce the provisions of this section, and the City Attorney is hereby authorized to
institute any actions to that end;
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(c) Calling upon the Chief of Police and authorized agents to assist in the enforcement
of this section.
In addition to any of the foregoing remedies, the City Attorney may maintain an action for
injunctive relief to restrain or enjoin or to cause the correction or removal of any violation
of this section, or for an injunction in appropriate cases.
2. Penalties. Any person violating any provision of this section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in an amount not exceeding five
hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be so
fined and imprisoned. Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
(Ord. No. 1001, Sec. 2, 6-20-88; Ord. No. 1301, §§ III--VI, 9-19-05; Ord. No. 1332, Sec. 2, 5-1-07)
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