HomeMy WebLinkAbout04 CLG Annual ReportITEM #4
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PATE: JANUARY 13, 2009 ~ ~ ~ ~ ~ _ (~ O Cpl\~~ ~~
S''C
TO.
PLANNING COMMISSION
FROM COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: 2008 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, 2007, and September 30, 2008. 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 2007/2008 reporting
period. The Annual Report was transmitted to the State Office of Historic Preservation
on December 18, 2008, in compliance with the filing deadline of December 31, 2008.
No action by the Planning Commission is necessary at this time. Staff will be available
at the January 13, 2009, Planning Commission meeting to answer any questions you
may have regarding the Annual Report.
,~~~~~~
Scott Reekstin
Senior Planner
Attachment - 2008 Certified Local Government Annual Report
S:\Cdd\PCREPOR112009\CLG 2008 Annual Report.doc
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O
II B. Commission Membership
Narrative on Professional Qualifications:
All five members of the Tustin Planning Commission have a demonstrated
interest, competence, or knowledge in historic preservation. Currently all five
Planning Commissioners are lay members in historic preservation.
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 2008.doc
JOHN NIELSEN RESUME OF QUALIFICATIONS
14462 Oxford Avenue Telephone: (714) 838-6438
Tustin„ CA 92780 E-Mail: Jnie11225@aol.com
OBJECTIVE:
To serve the community as a member of the Tustin Planning Commission.
SUIViMARY 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 years 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 - Scoutooaster, 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 parent volunteer (multiple sports & activities) - 2002 to current
John Nielsen - Psge 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 vemior 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 Corpon3te office.
Regional Finance Manager, Agfi 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, aad 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
ezceptional sales results.
EDUCATION:
California State University, Fullerton 1983
Bachelor of Science Degree in Human Services with a minor in Finance.
Special courses include: Financial Analysis, Accounting, Economic Theory 8t Practice,
Speech Communications and Business Psychology.
REFERENCES:
Available upon request.
RESUME
CHARLES E aCIfUCK" PUCKETT
I retired November 1, 2000 after spending 32 years with Hunt-Wesson Foods,
Fullerton, California.
I began empbyment with Hunt-Wesson (part of ConAgra Foods) b Denver,
Cobrado in 1968. I moved with my family to Tustin in 1975 to become District Saks
Marwga of the Loa Angeles District (Foodsawice Division).
In 1992 I left the Los Angeles District job to become Senior Chain Accounts
Manager and then became Director of National Accouds in 1994. I held tfiat post udil I
retired on November 1, 2000. Therefore, the test ten years have boon sped with Hurd-
Wcsson Foods (~ and a happy retirement (S).
I am now able to spend all of the time noc~ary to serve as a Tustin Planning
Commissioner:
Charles E. Puckett
Steve Kozak
EXPERIENCE AND ACCOMPLISHMENTS
2005 Controller, LacA~{~es C~ara~yS~rp~errarCa~at
~ m~anaggaeat, c~ ~~ h and neve ' ~~rt~_nc_o~n~P of final
the S665nno~ion~o~~b ddgg~e~ rrvemie and e~tpendi~' wegfor~eaanng; finanaal~Plannin8,
administration of gents totalmg4 niiIliaa; procurement and punc6nsing; and collections.
. Diaect the dev~elopneAt and imiplemearation of inuraal cona~oh for tk~ assets, zesems rev~euue and
expenditures of the Coum sappy financial services to other deparzanenra; and prwic~e timely and
accurnu financial iaformatron to- Court executivrs, judges, and outside agencies.
• Directed development and implementation effective January 1, 2006, of a nrw n:venue collection,
distrrbucion, accounting, and reporting suucnue for civd coact fees totalrng S12 m~i~on annually.
2003 ro 2005 Director, Financial Planning fi Bxdgeti SarrDigo Cbo~tyRegjataiAirpa;Awtharr`ry
. Established and ' kimenoed organizacanal desr~gn, staffir~ plan, a~ operldng budget for tb~e new
Furancial Plannia6 d~ Budget Depnrcrnent, iochsdtn8 Stang:, 3deebt, and trraaury n+•~ •*+l•L•
. Planned, o and coordinated pnpacation of the Authority's fast Aamral Operating Budget
(5106 m>71ion~ 2003-04).
. Project Manager for devrbpmeat, acc~qu~sition, and implementation of a new S10 mr7lion ERP
financial and axouu~g management inf~nuation system.
2000 - 2003 Financial Planning Manager, L ar A World A (LA WA)
D~ d a~maaa$ B~ fusPancial, opentiomi, and personnel nr~toeia of the Financial Planni
~ udiag get rograms, Revenue gt Grxnc Progru~os, and Debt & Treas~
• Piazuoed, organized, and managed lion and ~ of the 5465 mdlion Annual
Operating Budget, and the 5950 m~7Gon~iral Yraluovemeat: Budget for four airports.
. Establisbed and managed IAWA's 5300 million Commercial Paper F' grogram, Pr'o'viding a
shah-term debt finanrxag option with f]aoble maturities and reduced cart: of borrowing.
1994 - 2000 Financial Sertices and Risk Manager, GxnsySmwtionDisdict
~ Managed 1440 mr11~ fixed and variable rye debt frwa~ag Prvgtam for capital pr~ojeca.
• d irssuaaace sad rink management prog:aats for 51.5 br~lan asset bass
• Established tnasuryoperations, inchrdiag 5350 m~lion fisod income iavesuneat program.
1992 - 1994 Se~orFinanciad Cons>tJtant, Pr~iieFirtr»crandMarz~errs~ BSI Q~-s~ltavtar, Irx
• Developed and mamged special district firnmcing Progsana+ for public faalities and irrfraatrucarrie.
. Conducted rsvenue and manageaseat studies to imprm~e local gavernrneat finances and programs.
1990 - 1992 Intergotxrnrnental AffaiTS Manager, Ornr~e Caosty C~iigF'A~rirastratise G~iae
. Developed. and rzpreseated Gsurny Policy Positions involving rrgional issues, incLrding land use,
cransportatron, ~d acr~ gtzrii<y.
. Developed public-privau partnership Program for business luraction and retention.
~ Steve Kozak
1986 - 1990 Bond and Capital Finance Manager, Om~ge Coiaxy 'A
. Strucnu~ed, issued, and admiaister+ed more than n br'l~oa of tax ezempt,amuvag~al bonds, including
SZ50 miIlion airport revern~e bonds for John Wayne Airport Master PLn ~P•
. Developed and implemented land-secured financing program for public faer1iries and infrastructtuti.
1981 - 1986 Cbitf Administratiae Offuer and Plans Fr Programs Of}rcer, Jc~boi W~apreA~i~Ort
. Managed prepara n of Matter Plan and EIR for new 5250 mdlioe passenger xnrrinal, parking
strictures, an~drrlated airport and airf'uld capitak impmvemears.
.Managed adavaiertrativr, and support services, includir>6 revemre, budget, and
L
RELATED EXPERIENCE
• Planning Commisaiocrer, C7~ry of Tustin, 1996 -2003
• I.ecau+er, University of California, Public Finance 8[ Administration,1987 - 1990
• Ezecurive Staff Asaistarn, Orange CounryBoard of Supervisoss,1977 -1981
' Budget and Legislative Analyst, Orange CountyAdrninistrative Office, 1975 - 1977
• Systenss Analyst, JPL/Aeronuannic FordCorpoiaticsn,1971- 1975
EDUCATION
. M.B.A., Call Sate University, Fullerton
. M.P.A., LJniversitya~f Glifornia, Riverside
. B.A., Poliaical Science, Gk Po}y I,Jaivrraity, Fomona
. Coasmtrnity College I~tructor Ctedesrtisl, Public Services be Administeation
. Certified Califomia Mwucipak ?rrasux+er (CE3V11'), California Municipal Treasuras
Association
EL WYNALLEN MURRAY
2064 CHEROKEE • TUSTIN RANCH • CALIFORNIA • 92781 (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 pazk projects and procedures governing Pazks 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
dott~stic 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 assigm~nt to the Irvine Police Departtr~nt 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 HISTORY
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 Investigator -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 - Enforcerrxnt 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 ,Incidcnts
• 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 Rtsearch Forum) Subscribing Member
• 2001 City of Irvine -Leadership Training Series
• 2001 Leadership Torr~rrow 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 Managerxxnt 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 Bcach 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 ACIiIEVMENTS AND PROFESSIONAL CERTIFICATES
• 2006 Irvine Police Department Medal of Valor
• 2004 Irvine Police Department Unit Awazd -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 Entertainn~nt Policing"
• 2003 Orange County Human Relations COP Award -Irvine Spectrum Team
• 2002 Irvine Police Department Unit Awazd -Irvine Spectrum Tcam
• 2001 State of California CPRS Volunteer Merit Awazd 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 Yeaz
• 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
COMMUNITY AND PROFESSIONAL INVOLVEMENT
• Community Services Commissioner Chairman -City of Tustin
• Boazd of Directors -California Peace Officers Association -Region 1
• Boazd of Directors -Leadership Tomorrow, Exchange Club of Irvine, and Orange County Child Abuse
Prevention Center
RESUME OF JEFFREY R. THOMPSON
415 West 6th Street
Tustin, California 92680
Cell: 714/231-6270 FAX.• 714/544-4846
Email: _ je~cherie cni inte rity. com
January 2009
Community Planning Commissioner for the City of Tustin
O b j ec>~ive
Education CALIFORNIA STATE UNIVERSITY, LONG BEACH
1985-1989 Masters of Science in Civil Engineering; 4.0/4.0 GPA
1981-19$5 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
2002 GOVERNOR'S OFFICE OF EMERGENCY SERVI CES, 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 24,000 acres the next 20 years.
2003-2005 DISNEYLAND RESORT, Anaheim, California
Program/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°i
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,
Resume of Jeffrey R. Thompson
rehabilitation and construction of community facilities (parks, senior centers,
childcare facilities, gyms, etc.). Program value estimated at $1.4 billion over
30 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.
AwardslActivities
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.
1998 - 2005 Assistant Coach for Tustin Pony League and Girls Softball, various years
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 Walt Disney Imagineering
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
2007 -Present Tustin Planning Commission
Page 2
Resjef0>olll Ciry.doc
Resume of Jeffrey R. Thompson
Specific Project Experience Summary and Written References
Available upon request
Page 3
Resjet~901ll Ciry.doc
Mi1'~ A. Kasalok
2382 Caper Tr+se Drive. Tustin. CA 82780
(714)838-1135
rr~ kasalek~itawye.com
A position as a Planning Commissioner for the City of Tustin.
. Previous experience as a Tustin Planning Commissioner.
. Nearly 30 years of alive oommunity service in Tustin 8 Orange County.
. Co-owner of an electrical contracting business.
. Proven ability to work in unison withh City Counal and staff.
. Common sense approach to planning and problem solving.
Miscellaneous business «wrses at Coastline Community and Orange Coast
College.
,.,,
. 6 years experience as a Tustin Planning Commissioner.
. 1 year as Chairperson, Tustin Planning Commissioner.
. Tusta~ Pubic Schools Foundation, Boyd Member.
. Co-chair of Turn PubNc Schools Four~ion Dinosaur Dash.
. Member of Tustin Base Closure Task Force.
. Community Volunteer and Homemaker 1983 presets
. City of TustM, Planning Commissioner 1990-1996
. McCaw l.aborailroriss, Purchasing Agent 19741983
Court Appointed Special Advocatss (CASA), County of Orange; Trained
advocate and mentor for abused kids.
Tustin PuWfc Schools Foundation; Past Board Member, Co-chair Dinosaur
Dash, Current committee member for Teacher of the Year (TOIL Dhmer and
D/r~osaur Dash.
28 Year Tustln School Vohxtteer at Nelson Elemerrtary, Curie Midge School,
Utt Middle Sctad, ~d Tustin High Schools; positions including PTA President,
School Site Coundl President, Aquatics Board, Model United Nations, Grad
Nite Committee, Career Day Co-chair and others.
VoluntNrs In Child Assistance (VICA), Orange County Social Services
Agency; coordinator and member of Speaker's Bts+eau.
Saddleback Church; Hospital V~sitaGon Team
Peppertree HomeoMrners Association volunteer
Tustin Pubik Schools Foundation, Vok~nteer of the Year
Volunbsers In Chad Assistance, Vdunteer of the Year
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
OCTOBER 23, 2007
7:02 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Puckett absent ROLL CALL
Present: Chair Nielsen
Commissioners Kozak, Murray, and Thompson
Absent: Chair Pro Tem Puckett
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Jerry Craig, Redevelopment Program Manager
Justina Willkom, Senior Planner
Scott Reekstin, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
Given PRESENTATIONS
TUSTIN TOWN CENTER -ANEW BEGINNING (ULI
STUDY)
Jerry Craig, Presented the PowerPoint show and commentary.
Redevelopment
Program Manager
Murray Asked for clarification regarding the timeframes
Craig Explained that once the contract with Field Paoli has been
executed, they will have 120 days to complete that market analysis;
somewhere in that 120 days City staff will direct them to begin the
Concept Plan for each neighborhood; once they have that go-
ahead, they have 120 days to come back to the Planning
Commission and City Council with a final Concept Plan for that
neighborhood, including an implementation strategy.
Kozak Suggested that it would be helpful if one meeting each month the
Planning Commission could receive a status report on the progress
or when a particular milestone is reached.
Minutes Planning Commission -October 23, 2007 -Page 1
Craig Stated the Agency would be happy to provide updates; and,
reiterated that the Planning Commission will be invited to various
meetings to keep them engaged in this exciting endeavor.
2. TUSTIN LEGACY UPDATE
Director Provided the PowerPoint show and commentary.
Noted that staff will be meeting with the Tustin Legacy Community
Partners soon to discuss the schedule; several Concept Plans and
Tentative Maps have been submitted and are under review; the
Planning Commission and City Council will be seeing those in the
near future.
Thompson Referred to the quarterly updates that the Planning Commission
has been receiving and the importance of those updates to a new
Commissioner; and, asked where the religious organizations might
be located within this community.
Director Answered that those have not been identified specifically as the fire
station and elementary school have; religious uses may be
permitted or conditionally permitted uses within one of the other
designated uses, showing possible locations within the commercial
use area on the slide.
Murray Stated his interest in having a perspective in relationship to the total
buildout.
Director Referred to the monitoring reports that track the progress; annual
mitigation monitoring is also required.
Thompson Asked what has been happening to transform the industrial areas
along the perimeter of The Legacy to add economic growth.
Director Indicated that the Gateway development would be one; some of the
industrial areas are transforming to condominiumization of some of
the industrial buildings, specifically the former Steelcase site where
half the building was removed and replaced by 19 buildings and
sold for condominium purposes; warehouses are being removed
and replaced by smaller spaces, resulting in intensification of the
use.
Nielsen Asked Commissioner Thompson if he was referring to City outreach
in those areas.
Thompson Stated he is trying to understand how the City is changing and
where trends are going relating to land use and the General Plan.
Minutes Planning Commission -October 23, 2007 -Page 2
Nielsen Noted that he had seen the presentation at the Chamber BEDC
meeting; the presentation is interactive and informative; he had
questions at that time and would repeat his questions for the sake
of the Commission.
Stated he had asked whether Cal-State Fullerton and other
universities are interested in possibly having extensions in The
Legacy.
Director Answered that there is still a desire on the part of the City to
outreach to universities; there have been ongoing discussions in
that regard.
Nielsen Asked if there has been any progression on the school sites.
Director Responded that the City and Tustin Unified School District are
continuing to discuss school site development with the District and
with the Tustin Legacy Community Partners and have outreached
to a consultant; things are going well.
CONSENT CALENDAR
1. APPROVAL OF MINUTES - OCTOBER 9, 2007,
PLANNING COMMISSION MEETING.
It was moved by Murray, seconded by Thompson, to approve the
Consent Calendar. Motion carried 4-0.
Pulled for 2. TUSTIN HISTORIC REGISTER NOMINATION - 560 EL
discussion CAMINO REAL.
RECOMMENDATION:
That the Planning Commission approve the nomination of
560 EI Camino Real to the Tustin Historic Register Plaque
Designation Program.
Nielsen Stated he wanted to pull the item because this site is one of the
most visual landmarks in Tustin, the old Tustin Garage; Linda
Jennings, President of the Tustin Preservation Conservancy,
submitted this nomination which is well warranted; when he first
came to Tustin 22 years ago, this was one of the first structures he
saw as he drove down EI Camino Real; it was originally built in
1915 and has been a notable landmark for a long time.
Murray Concurred that Tustin Garage is a landmark in Old Town that
stands out and has significance throughout the County; he has
heard lots of people talk about the site; it is something that needs to
be acknowledged.
Minutes Planning Commission -October 23, 2007 -Page 3
Nielsen Added that it is also nice to see that the Garage will be reused for a
nice barbecue rib establishment, Beach Pit Barbecue, which is a
great reuse situation, keeping the basic building intact.
Invited Linda Jennings to the lectern.
Linda Jennings Stated that she was delighted the Planning Commission approved
this nomination; the Conservancy is very pleased with this reuse of
the site; Tim DeCinces is determined to keep the building as much
as it was as possible; he hopes to open in January; the
Conservancy is purchasing this plaque in appreciation for what he
is doing.
Murray Indicated he had hoped that Ms. Jennings would share tidbits of
trivia about this location.
Ms. Jennings Responded that the Conservancy has a newsletter coming out
within the next two weeks, which will include an interview with Tim
DeCinces by Juanita Lovret, who does the articles in the Tustin
News about historical places.
Thompson Stated he lives down the street from the Garage, far enough away
that he can vote on this item, and is very excited about this
transformation; the commemoration of the property is a wonderful
thing to do.
It was moved by Thompson, seconded by Murray, to approve this
plaque nomination. Motion carried 4-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Directed that the 3. HISTORIC REGISTER AND COMMENDED PROPERTY
proposed work PROGRAMS
program be sent to
the City Council At the October 9, 2007, Planning Commission meeting, staff
was directed to refine the revised procedures regarding the
Tustin Historic Register and Commendation Programs to
reflect a collaboration between the Tustin Area Historical
Society and the Tustin Preservation Conservancy regarding
the programs.
RECOMMENDATION:
That the Planning Commission receive the report and
provide direction to staff.
Reekstin Presented the staff report.
Minutes Planning Commission -October 23, 2007 -Page 4
Nielsen Asked about the alternating basis for the Conservancy and
Historical Society to submit nominations; and, asked why that could
not be a joint nomination.
Reekstin Responded that staff wants input from both organizations; this
proposal would give each an opportunity to participate twice per
year and would not allow for possible disagreement since each
would choose two to be presented to the Planning Commission; it
would be at the Commission's discretion whether or not the
property would be commended.
Nielsen Questioned whether staff's aim is to reduce any sort of competitive
ideas ar situations.
Reekstin Indicated the proposal is intended to streamline the process with an
equal opportunity for each group to recommend a property; this
seems a good way to structure the program.
Thompson Asked if the commendation program will be blended in or would it
be held back to see how the plaque program is working in order to
iron out the efficiencies; the emphasis on collaboration is very
important; connecting with the community and receiving the value
of that input is also a priority; it is important not to add more red
tape to a process that should be pretty simple.
Kozak Indicated that staffs suggestions seem workable; as Commissioner
Thompson mentioned and the Commission has discussed as a
group, the collaboration would be built in to the procedures; it would
be useful if staff would report back in six months to let the
Commission know how the process is working.
Thanked staff for their hard work on developing the procedures to
be followed.
Murray Noted that collaboration is the No. 1 priority; Commissioner Kozak's
suggestion regarding asix-month evaluation is excellent.
Nielsen Thanked staff for putting together a lot of different ideas and
disparate comments into a concise plan.
Noted the six-month review would be desirable in order to see how
the program is progressing; if both groups could operate
simultaneously and the program be enacted similarly, it would be
good to know about any adjustments that may be necessary;
cooperation and collaboration are important.
Added that he would like to see a framework from the Conservancy
and the Historical Society regarding how they will work together,
particularly on the Historic Register nominations.
Minutes Planning Commission -October 23, 2007 -Page 5
Nielsen continued Invited the President of the Tustin Preservation Conservancy to the
lectern.
Linda Jennings Reiterated that the Conservancy offered to take over the plaque
program in order to save staff time; it seems this procedure will
increase the staff time; perhaps there will be a way to change that
in the future; the proposal for the commended property will work
well; it might be determined in the future that the plaque program
could be handled similarly; the nomination form has been placed on
the Conservancy website.
Added that the Historic Resource Committee had recommended
that an alternative plaque be considered for sites that are
significantly altered and no longer the historic sites they were; it had
been suggested that such a plaque would be a different size with
different language; the Conservancy would still like for the Planning
Commission to consider such a plaque.
Nielsen Agreed that one of the goals was to help reduce staff time,
however, other considerations included collaborating among
groups; asix-month review will allow the Commission to examine
how this procedure is functioning.
Thanked Ms. Jennings for her volunteering and assisting in this
program and for all the work she has done and will be doing.
Noted that the Commission had asked about the possibility of
including commercial property in the program; and, asked for staffs
comments in that regard.
Director Indicated that commercial and institutional property consideration
were included.
Nielsen Indicated this will be a good beginning for everyone to work
together and see what develops in the first six months.
Thompson Questioned what the next step should be.
Reekstin Stated that staffs plan was for the Commission to make a
recommendation to the City Council.
It was moved by Murray, seconded by Kozak, that the
Commission's recommendation be submitted to the City Council.
Motion carried 4-0.
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE OCTOBER 16,
2007, CITY COUNCIL MEETING.
Minutes Planning Commission -October 23. 2007 -Page 6
Director reported The City Council held a parking workshop prior to the meeting; the
workshop related to on-street, off-street, garages, sun/shade
issues, etc.; these issues will be brought to the Planning
Commission as workshops and public hearings as zone text
amendments; the City Council directed staff to develop ordinances
for the Planning Commission's consideration and recommendation
to the City Council
John Tillotson, the developer of Prospect Village, spoke at one of
the Planning Officials Forum sessions and did a very nice job; the
Director has extra copies of the that presentation and other
sessions she attended if the Planning Commission might be
interested.
Chairperson Nielsen may wish to comment on the Strategic
Planning meeting.
COMMISSION CONCERNS
Thompson Stated that he attended the Planning Officials Forum and found it
very informative; one workshop he attended referenced Mr.
Tillotson's work in Huntington Beach; high compliments were paid
to that development.
Referred to the fires burning nearby and suggested Tustin residents
have much for which to be thankful.
Kozak Acknowledged the tireless work of the members of the Orange
County Fire Authority here and all the firefighters throughout all the
burn areas; we can be thankful for the infrastructure in place in our
City to help fight fires and also limit the loss of lives.
Thanked staff for the various reports, especially the traffic
workshop; the Planning Commission can look forward to working
through those issues.
Thanked Linda Jennings for bringing the Tustin Garage
recommendation forward; he was surprised this site was not
awarded such a plaque sooner; and also for her work on the
policies and procedures for both the plaque and the commended
property program.
Murray Indicated the Tustin Legacy presentation was outstanding; he
continues to see good things happening at the Legacy, the result of
great initial planning.
Stated the Strategic Business Summit was very enlightening and
helpful; it was good to see the involvement of the Chamber and all
the different entities represented and strategically looking at
Minutes Planning Commission -October 23, 2007 -Page 7
business in the City of Tustin; one of the common themes related to
building permits; perhaps staff could provide the Commission with a
short presentation regarding the building permit process.
Referred to the recent firestorms and complimented the Orange
County Fire Authority and the Tustin Police Department; he worked
hand in hand with them and knows they did a fantastic job
regarding letting people know what was going on and making sure
the areas that were threatened were covered; Sergeant Gallagher,
in particular, was manning the watch commander's desk and
remained calm and cool in his coordination in that effort;
Commissioner Murray was involved in the evacuation center in an
adjacent city to which Tustin residents were evacuated.
Asked if staff could research additional communication means to
assist the community in these kinds of emergencies; one possibility
would be AM-station notification for identifying what kinds of things
people need to do and where they should go.
Stated he is looking forward to the Tustin Garage eatery and hopes
to attend that ribbon-cutting.
Nielsen Thanked Commissioner Murray far his diligence and service in
working very hard on the public safety end to protect citizens in
Orange County and his personal concern for residents in Tustin.
Thanked and commended the Orange County Fire Authority for
their extraordinary work keeping the citizens of Tustin safe when it
seems that all of Southern California is on fire.
Reminded everyone that the Mayor's Thanksgiving Breakfast takes
place November 15~' at 7:00 a.m.; this function is sponsored by the
Tustin Community Foundation; the proceeds benefit that foundation
which helps to fund non-profit organizations in the community;
please call 714-393-8506 with any questions.
Noted that he attended the Grand Opening and ribbon-cutting for
GoRoma Restaurant at The District where the food is extraordinary.
Stated he attended the Chamber of Commerce Strategic Planning
Retail Summit; this was very interesting; there were a number of
surveys performed relating to how the retail centers are viewed by
different members of the community within Tustin including the
owners themselves, customers, and members of the City looking
towards trying to improve the retail centers in Tustin business-wise,
perception-wise, marketing-wise, etc.
Indicated he attended the Planning Officials Forum and had a
chance to hear major Orange County developer Mr. Segerstrom's
Minutes Planning Commission -October 23, 2007 -Page 8
thoughts regarding the development of Orange County over the
past few decades.
Noted that he has received questions regarding the reverse 9-1-1
emergency systems and also 2-1-1 services through Tustin or
through Orange County and would appreciate any information staff
could provide.
Director Indicated that staff would try to get that information.
Nielsen Stated the reverse 9-1-1 emergency system is being used
effectively in San Diego County to evacuate areas and to call
evacuees with notification when it is time to leave; 2-1-1 seems to
be within San Diego County; one can dial the number for
emergency information regarding fires and other emergencies; any
information from staff regarding the possible implementation of
these systems in Tustin would be appreciated.
8:12 p.m. ADJOURNMENT
It was moved by Thompson, seconded by Kozak, to adjourn.
Motion carried 4-0.
The next regular meeting of the Planning Commission will be held
Tuesday, November 13, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Elizabeth A. Binsack
Planning Commission Secretary
Minutes Planning Commission -October 23, 2007 -Page 9
z MINUTES
REGULAR MEETING
F TUSTIN PLANNING COMMISSION
OCTOBER 9, 2007
7:02 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Murray absent ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak and Thompson
Absent: Commissioner Murray
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Director of Community Development
Scott Reekstin, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - SEPTEMBER 25, 2007,
PLANNING COMMISSION MEETING.
It was moved by Puckett, seconded by Kozak, to approve the
Consent Calendar. Motion carried 4-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Received report 2. HISTORIC REGISTER PLAQUE PROGRAM
and provided
direction to The Planning Commission will discuss the proposal
staff presented in the staff report regarding the potential revised
process of implementing the historic plaque/commended
properties programs.
RECOMMENDATION:
That the Planning Commission receive the report and
provide direction to staff.
Minutes -Planning Commission 10-9-07 -Page 1
Reekstin Presented the staff report.
Thompson Asked for clarification regarding the cost and application process.
Reekstin Indicated that the nomination process is very simple; there is a
nomination form with the address of the property; the cost of the
plaque varies; there are two sizes; the cost is approximately $150.
Thompson Asked if the commendation program would include commercial
buildings such as the hardware store, the old sheet metal shop, etc.
Reekstin Answered that has not been the practice so far; the program has
been dedicated to residential properties.
Puckett Asked if the proposal was prepared after meeting with the Historical
Society and whether or not everyone agreed that this would be the
way to do it.
Reekstin Responded that staff met with the Historical Society; the President
of the Conservancy received a copy of the report; there was no joint
meeting.
Nielsen Asked if the Conservancy provided input.
Reekstin Answered in the negative.
Director Stated that staff chose to include the commended property program
along with the plaque program partially because the City pays for
the plaques under that program and it seemed to fit well into this
program; if the Planning Commission prefers to split that out, staff
would need direction.
Puckett Noted that he liked the proposal and was willing to accept it as
prepared; he stated his preference that the commendation program
nominations come to the Planning Commission.
Nielsen Thanked staff for the report; he liked the collaboration aspect
between the Conservancy and Historical Society; he would like to
see more of the specifics from those two entities regarding the
logistics involved in working together; rather than going to each
one, perhaps there could be a joint committee to settle things.
Kozak Stated his agreement with the above comments regarding the staff
framework; the stakeholders collaborative aspect is important;
recommendations for both programs should come from the
Planning Commission since the Commission has been charged
with the responsibilities of historic preservation; adding additional
details to the structure of the person or committees referenced in
Minutes -Planning Commission 10-9-07 -Page 2
the staff report would be a good place to start; there needs to be an
understanding of exactly how that would be accomplished; he is in
full support of the proposal.
Director Indicated that the desire was to have the City be the repository, get
the information, provide the Conservancy and the Historical Society
with the application, and within 10 days get the information back in
order to move the process along so that residents would not be
waiting too long for their plaques; it would not be a committee
process unless the Planning Commission would like it to be one.
Nielsen Stated that what he was getting to was understanding the logistics
of the Conservancy and the Historical Society deciding what they
are going to do to ensure quick turnaround, rather than have things
drag because the Planning Commission does not have the specific
detail items of the framework set up; he also feels the nominations
should come through the Planning Commission.
Kozak Agreed that the organization of the review process could involve
two models: one would be where the Conservancy might be the
lead organization in researching and reviewing the nominations,
soliciting information from the Historical Society and then moving
the nomination forward to the Community Development
Department; alternatively, there might be some committee or sub-
committee or group of the two organizations that would meet on a
regular basis, bringing a single document forward to the City and
the Planning Commission; it may be inappropriate to impose such a
plan on those two organizations, but that would be a viable model.
Nielsen Indicated that structure should not be imposed upon those
organizations; the Planning Commission needs to be aware of what
the specific framework is going to be in order to move forward.
Thompson Added that the 10-day fuse for review would be a good idea in
order to iron out any kinks; it might be good in the meantime to
proceed with the plaque program, see haw the details get worked
out, and haw the process actually works; if that runs smoothly,
perhaps the commendation program could fold in later after the
Planning Commission has had a chance to see how the process is
working; if there are two bodies making a recommendation on the
name of the structure and the year, there can sometimes be
differences of opinion; the person residing in the house may have
yet another opinion; the hope is that the process will be
collaborative and details resolved without any controversy.
Nielsen Suggested there are two approaches, either proceed as
Commissioner Thompson suggested or combine it and go through
the framework as we have it to see if it might be necessary to pull
Minutes -Planning Commission 10-9-07 -Page 3
the commendation program back out of the process; it would be
appropriate for the Commission to have that option.
Brent Ferdig, Board Stated the Conservancy has reviewed the proposal and agreed
of Directors of the with that the Conservancy is willing to work the Historical Society on
Tustin Preservation this program; the 10-day timeframe may make it difficult for the
Conservancy Conservancy to meet with the Historical Society and reach an
agreement; possibly the Historical Society could focus more on the
history and the Conservancy more on the architectural features and
then put together a report for City staff.
Nielsen Thanked Mr. Ferdig for his input and stated his appreciation for the
collaborative nature of getting everyone involved and working
together.
Kozak Thanked Mr. Ferdig for attending this evening and expressing the
Conservancy's willingness to work on the program; the architectural
and historical aspects of individual properties are important parts
that will improve the process; stated he understood the idea of the
10-day turnaround period; perhaps a different approach might be
how often the Planning Commission would want to see the items on
the agenda; a quarterly basis could involve acut-off date for a
particular quarterly report coming before the Commission; this could
be an alternative to the 10-day option.
Nielsen Asked staff if Commissioner Kozak's suggestion would be
workable.
Director Indicated that, if that were the case, the timeframe could be 30
days; staff has been doing this for some time; some properties are
easy; others are difficult, sometimes requiring research at the
Assessor's office or County that could take two months to resolve.
Nielsen Asked the other members of the Commission if the timeframe
should be extended from 10 to 30 days.
Kozak Stated he thought the Director's suggestion was a good one.
Nielsen Suggested modifying the timeframe to 30 days in order to get
everyone involved.
It was moved by Puckett, seconded by Kozak, to receive and file
the report. Motion carried 4-0.
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE OCTOBER 2, 2007,
CITY COUNCIL MEETING.
Minutes -Planning Commission 10-9-07 -Page 4
i
i
Director Indicated there was nothing to report from the City Council meeting.
Stated there will be a parking workshop before the City Council on
Tuesday, October 16, at 3:00 p.m.; the Council will be discussing a
potential prohibition of parking of various arterials, off-street parking
regulations, etc.; the Commissioners are invited to attend; staff can
provide the staff report and PowerPoint presentation to the
Commissioners who are unable to attend.
Noted there will be training in Ventura related to historic
preservation on October 23 from 9:00 a.m. to 4:00 p.m.; please
notify staff if you wish to attend.
Nielsen Stated that it would be helpful if the agenda for the workshop could
be forwarded to the Commissioners.
Director Responded that the agenda is not yet posted.
Nielsen Requested that any flyer that might be available for the training
should also be forwarded.
Director Added there will be another training session in San Diego in
November; staff will provide the information to the Commissioners.
COMMISSION CONCERNS
Thompson Indicated that he and his family attended the Tustin Tiller Days
Parade and enjoyed it very much.
Noted he will be attending the Planning Officials Forum next week.
Kozak Stated that he and his family also attended the Tustin Tiller Days
events and had a good time.
Thanked staff and the Preservatian Conservancy for the
information and their efforts in moving the historic plaque process
along.
Thanked staff for the training information and opportunities.
Mentioned that he will be attending the Planning Officials Forum
and also the Chamber's Strategic Planning Session.
Puckett Noted that Commissioner Thompson already looks like a pro and is
a welcome addition to the Commission.
Noted he represented the City at the F & M Bank VIP party, which
was well-attended; the bank is a welcome addition to the City.
Minutes -Planning Commission 10-9-07 -Page 5
Puckett continued Added that he attended the Tiller Days festivities and congratulated
all the people who work so hard to put on this event; thanks to the ~~
Conservancy, he was able to ride the trolley with former Miss
Tustins and former mayors; he exited the trolley at the end and
went back to get on the former Men and Women of the Year float;
the parade was even better the second time.
Nielsen Stated that he also attended and enjoyed the Tiller Days parade
and thought he was seeing double as every time he looked up
Chair Prv Tem Puckett was on another float; it is nice to have
someone who qualifies for a lot of different community
organizations; Commissioner Puckett has been a great resource for
the City for many years.
Indicated that he also enjoyed his short stint serving pancakes at
the Pancake Breakfast on Saturday for Tiller Days; this was the 50tH
anniversary of Tiller Days.
Noted he attended the Grand Opening of Facelogic in The District
which is a spa business with facials, etc.; and, encouraged
everyone to visit that facility.
Requested that code enforcement check the Tustin High School
street signs on EI Camino Real for graffiti; and, reminded everyone
who sees graffiti to report it to the Graffiti Hotline, 714-573-3111.
7:31 p.m. ADJOURNMENT
It was moved by Thompson, seconded by Puckett, to adjourn.
Motion carried 4-0.
The next regular meeting of the Planning Commission will be held
Tuesday, October 23, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
r
Joh ielsen
Chairperson
~r~~ ~~~
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 10-9-07 -Page 6
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
NOVEMBER 13, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Puckett absent ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, and Thompson
Staff present Elizabeth Binsack, Community Development Director
Christine Shingleton, Assistant City Manager
Tim Serlet, Director of Public Works
Doug Anderson, Transportation/Development Services Manager
David Kendig, Deputy City Attorney
Terry Lutz, Principal Engineer
Justina Willkom, Senior Planner
Edmelynne Hutter, Associate Planner
Ryan Swiontek, Associated Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - OCTOBER 23, 2007,
PLANNING COMMISSION MEETING.
It was moved by Puckett, seconded by Kozak, to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution 2. TENTATIVE TRACT
No. 4068, as ACRE SITE INTO
modified by staff LETTERED LOTS
prior to the meeting DEVELOPMENT OF
SPACE, PUBLIC S-
FACILITIES.
MAP 17144 SUBDIVIDING A 131-
12 NUMBERED LOTS AND 28
FOR THE PURPOSE OF
COMMERCIAL BUSINESS, OPEN
fREETS, AND FLOOD CONTROL
APPLICANT: TUSTIN LEGACY COMMUNITY
PARTNERS
Minutes -Planning Commission 11-13-07 Page 1
PROPERTY CITY OF TUSTIN
OWNERS: TUSTIN PUBLIC FINANCING
AUTHORITY
LOCATION: PROJECT SITE GENERALLY
BOUNDED BY WARNER AVENUE TO
THE NORTH, ARMSTRONG AVENUE
TO THE EAST, BARRANCA
PARKWAY TO THE SOUTH, AND
RED HILL AVENUE TO THE WEST
ZONING: MCAS TUSTIN SPECIFIC PLAN
PLANNING AREAS 9 THROUGH 12
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4068
recommending that the City Council approve Tentative Tract
Map 17144 to subdivide a 131-acre site into 12 numbered
lots and 28 lettered lots for the purpose of development of
commercial business, open space, public streets, and flood
control facilities.
7:02 p.m. The Public Hearing opened.
Willkom Presented the staff report, pointing out the suggested modifications
that were provided at the dais.
Thompson Asked staff to explain the detention basin area that appears to
overlay the park and whether or not this would be a combined use
with the Orange County Flood Control District (OCFCD) or a part of
the City facilities for storm drain purposes.
Willkom Suggested that Doug Anderson, Transportation and Development
Services Manager, should answer that question.
Anderson Stated that the basin is a requirement of the OCFCD for
improvements to the Barranca Channel which is currently an
impaired water body and is deficient; one of the requirements was
to retain some of the flow on-site; the basin will function as a joint-
use facility; in the off season, when there is no flow, it will be
maintained as a passive open space and may be used for
recreational purposes; there is also a 24-inch low-flow pipe that will
be installed adjacent to the current channel which would catch the
nuisance flow from Red Hill and the site and transfer those through
the property; the only time water is expected to be retained is after
Minutes -Planning Commission 11-13-07 Page 2
a large, intense rainfall; there are inlet and outlet structures,
everything that would be in a normal basin, will be included.
Thompson Asked if that becomes a facility that the County operates as a flood
control device.
Anderson Indicated that it is a County requirement that the master developer
through the association will provide the landscaping; the various
inlet/outlet structures will be maintained.
Nielsen Suggested that this area will be used as a Linear Park unless a
significant rainfall would require it as a retention basis.
Kozak Asked if there will be any improvements to the Barranca Channel.
Anderson Answered in the affirmative, probably from Aston easterly to link up
with the covering of Barranca Channel just west of Tustin Ranch
Road that the District development is improving; it will all be a
covered channel.
Thompson Referred to the reference on page 3 is to open space as a flex use;
and, asked if this would be private or public acreage.
Willkom Responded that the open spaces are private areas with the
exception of the sports field planned for Lot 9 which will be public.
Nielsen Questioned whether the park facilities with open space with a
perpetual public easement would be maintained by the
homeowners association.
Willkom Answered in the affirmative.
Nielsen Asked for clarification regarding a possible gymnasium or other
private park areas that the public would not be able to access in the
Linear Park area.
Willkom Replied that all the Linear Park area will be open to the public.
Nielsen Stated his understanding that the perpetual public easement is
ongoing with no time limit.
Willkom Answered in the affirmative.
Puckett Asked staff to repeat the numbers of the conditions that were
modified.
Minutes -Planning Commission 11-13-07 Page 3
Willkom Reiterated the condition numbers: 2.1, 6.1, 6.5, and 11.2.t.
Director Added that Condition 13.3 is proposed to be eliminated.
Thompson Recommended that Item J on the revised resolution referencing
sewer in relation to the Regional Water Quality Board should be
changed to storm runoff.
Director Stated the condition is accurate.
Nielsen Asked if it is accurate now or would be accurate as modified by
Commissioner Thompson's suggestion.
Kendig Indicated that it will be accurate if it is revised to state storm runoff.
Kozak Referred to page 13 of the Environmental evaluation; it is
encouraging to see the improvements to Red Hill with the raised
landscape median as an example; and, asked for clarification
regarding IX. in the last paragraph referencing modifications to
parking standards.
Willkom Stated that the modification to parking standards was approved by
the City Council a few months ago through a zone change
proposal; the proposed project tract map will be consistent with
what the Council approved.
Nielsen Asked why there was no Negative Declaration included in the staff
report.
Willkom Responded that staff prepared an Initial Study Checklist and
requests that the Planning Commission determine that the project
is consistent with the program EIR/EIS with no new mitigation or
additional environmental impact information required.
Nielsen Asked if pedestrian access through the Linear Park across
Carnegie and Armstrong would include pedestrian bridges.
Willkom Stated there will be a pedestrian bridge across Armstrong.
Nielsen Invited the applicant to the lectern.
Elizabeth Cobb, Stated the applicant is pleased to have the Neighborhood E
representing tentative map, which encompasses the initial entitlement, to begin
Legacy Park breaking ground and getting into construction; this is a monumental
partners point for the developer.
Minutes -Planning Commission 11-13-07 Page 4
Ms. Cobb This is a complex project and this is one neighborhood with two to
continued come; the applicant has worked with staff on the conditions; a
formal letter was submitted and is incorporated herein by reference;
the letter outlined the conditions already worked through with staff;
the exception would be Condition 6.8 with reference to the Red Hill
median and the response to constructing that and working with the
City through a reimbursement agreement.
Applicant understands the importance of the median to the City and
is willing to work with the City as construction begins on the east
side of the street and anticipates that the applicant can work
collaboratively with the City through the design elements and the
construction elements of the median; there are many details in
working through the median which the applicant anticipates
resolving with the City; the applicant would like to see a concurrent
invoice payment to help the applicant deal with cash flow concerns,
considering it was not part of the Development and Disposition
Agreement (DDA) and what was contained in the infrastructure at
that time; this is a highly technical component; applicant is putting
forth the comments with the understanding that this can be worked
through with staff.
Nielsen Asked staff to respond to the applicant's remarks regarding
Condition 6.8.
Shingteton Stated she had spoken with the City Manager on the applicant's
Assistant City request regarding Condition 6.8; the improvements of medians was
Manager required by the Specific Plan on other projects similar to Tustin
Legacy developers such as Lennar and William Lyon who had the
full responsibility for construction of those medians; it was an
oversight which was not specifically isolated in the DDA although
Red Hill improvements were required; staff has agreed to include
the Red Hill median cost reimbursement as an item for which the
Redevelopment Agency would compensate the developer with the
obligation that the developer would be required to construct the
median.
The applicant has alternatively requested that, while the applicant
assumes a construction role on the median widening, a
construction management role on the median is unacceptable to
staff; the applicant will have full responsibility; staff recommended
full construction of the median and the full right-of-way
improvements on the east side of Red Hill Avenue; staff agreed to
work through a required reimbursement agreement to provide the
developer with segmentation of the physical improvements to allow
for adequate reimbursement; the language requested regarding
Minutes -Planning Commission 11-13-07 Page 5
concurrence, approval of invoices, and payments cannot be
recommended at this paint; the segmentation will automatically be
concurrent with every invoice that the applicant receives on a
construction project; the City will work collaboratively with the
developer to find segments which staff determines to be
reasonable.
It is requested that the Commission trust staff in this regard and not
recommend any further alterations to this condition.
Kozak Suggested that segmentation of the project and payment for
construction will be covered by the proposed reimbursement
agreement.
Shingleton Answered in the affirmative; adding that this is an expense that the
Redevelopment Agency has agreed to accept; it would normally be
a developer obligation of the Specific Plan for the developer to
construct; this is far in excess of what would be normal; similar
conditions have been imposed on other developers at the Legacy.
Nielsen Asked if this requirement refers to timing.
Shingleton Stated that the requirement refers to timing and construction
management versus construction obligation; the City's position is
that the obligation for construction shall be the developer's.
Nielsen Asked if the applicant had any comment.
Ms. Cobb Responded that the Redevelopment Agency is working closely with
the developer and the cooperative effort is appreciated; this is not
something to hold up the recommendation to move the project to
the City Council.
7:27 p.m. The Public Hearing closed.
Commission It was the consensus of the Commission that the project be
recommended to the City Council, as modified and as proposed by
the Assistant City Manager.
It was moved by Murray, seconded by Thompson, to adopt
Resolution No. 4068. Motion carried 5-0.
Adopted Resolution 3. AMENDMENT TO CONDITIONAL USE PERMIT 01-031, A
No. 4075 REQUEST TO AMEND THE CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT 01-031 TO ALLOW
FOR MEDICAL AND DENTAL CLINIC USE. THIS
Minutes -Planning Commission 11-13-07 Page 6
PROJECT IS LOCATED IN THE MCAS TUSTIN SPECIFIC
PLAN (SP-1) ZONING DISTRICT.
APPLICANT: ORANGE COUNTY RESCUE
MISSION
ATTN: JOHN LUKER
PROPERTY
OWNER: CITY OF TUSTIN
LOCATION: 1 HOPE DRIVE
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4075
approving an Amendment to Conditional Use Permit 01-031
to allow for medical/dental clinic use in conjunction with the
approved transitional housing use at 1 Hope Drive, Building
B.
7:31 p.m. The Public Hearing opened.
Hutter Presented the staff report.
Murray Stated his concern was that the survey took place at the Santa Ana
location; if there was 20 percent walk-up at Santa Ana, please
explain how those statistics relate to the Tustin walk-up.
Director Pointed out on the Site Plan the campus environment planned for
this location which would not allow for walk-up such as the Santa
Ana location; the plan is for individuals to filter through the security
area to the proposed clinic; the clinic is intended solely for the
individuals who are receiving services from the transitional facility or
who have an appointment.
Murray Asked if there is any video planned for security of the parking area.
Director Suggested that would be a question for the applicant.
Puckett Stated the walk-up was also his concern, but staffs explanation
answered that concern.
Director Added that was the reason for the addition of Condition 2.4.
Nielsen Asked if the overflow parking would be in the basketball court area.
Minutes -Planning Commission 11-13-07 Page 7
Director Answered in the affirmative.
Thompson Asked if staff could explain further about the Santa Ana facility that
was used as an analogue for this application.
Director Suggested the applicant may want to address this issue; staff was
advised that the Santa Ana facility exists in a strip mall, a
commercial area wherein common parking is shared with other
commercial tenants; the Tustin location would share parking for the
pure uses associated with the Village of Hope.
Kozak Asked if the area occupied by the clinic would reduce the 192-bed
count for the transitional living center.
Huffer Indicated the residents' rooms are located on the second and third
floors of that building.
Kozak Questioned whether this is a proposed use for an otherwise vacant
area in the men's dormitory.
Hutter Answered in the affirmative.
Kozak Asked if there were conditions related to the disposal of biowaste
and security for the pharmacy and pharmaceuticals contained in
that pharmacy.
Director Answered that those issues would be handled by the licensing
agency rather than the City.
Kozak Asked what the licensing agency would be.
Director Responded it was her understanding that would be the Orange
County Health Department.
Nielsen Asked if the original plan far this space was for extra rooms in the
men's dormitory, storage area, or what.
Director Stated it was staffs understanding that it was always the Rescue
Mission's desire to provide some sort of health facility.
Nielsen Invited the applicant to the lectern.
John Luker, Vice Stated the applicant appreciated staffs assistance in bringing this
President of the application to the Planning Commission; the medical/dental clinic
Orange County was always anticipated to be a part of the Village of Hope and was
Rescue Mission part of the original application; there was a major renovation to
Minutes -Planning Commission 11-13-07 Page 8
allow for the clinic; the intent was to help other people at that
facility, but the parking was an issue; the parking study showed that
about half the people would arrive by bus or be dropped off at a
nearby location and walk to the facility; therefore, the maximum
amount of parking would not be necessary; there are video
cameras at the security gate that record everyone who comes into
the facility; the clinic use will be by appointment only and
everyone's name will be recorded for security purposes.
Murray Asked what was anticipated as the walk-up or drop-off numbers.
Mr. Luker Responded that the average was anticipated to be 40-50 percent
bus traffic or drop-offs.
Nielsen Asked how many patients are served monthly, yearly in the Santa
Ana facility.
Mr. Luker Responded about 40 patients per day; the current facility does not
service dental, which will be added to the Tustin facility; about 50
are anticipated per day.
Nielsen Asked what sort of medical staff will be available.
Mr. Luker Responded there are 8-9 nurse practitioners, medical assistants,
and a medical doctor who oversees the staff.
Nielsen Questioned the extent of the treatment planned at the facility.
Mr. Luker Replied that it will be a primary care clinic for patients with flus,
colds, maintenance of low-income diabetics, some blood work;
there will be no surgery, no anesthesia.
Nielsen Stated his understanding there would be no emergency designation
at this location.
Mr. Luker Answered in the affirmative.
Murray Asked what mitigation is planned if the circumstances and/or
caseload begins to exceed the expectations.
Mr. Luker Answered that the facility would have to see how the parking works
out and return to staff, if necessary, to determine what changes
could be made.
Nielsen Questioned whether an addiction treatment is planned at this
location.
Minutes -Planning Commission 11-13-07 Page 9
Mr. Luker Answered in the negative.
Puckett Asked if the facilities will be available seven days a week.
Mr. Luker Responded that the 192-bed facility is a 24/7 operation; the clinic
will be Monday through Saturday, 8:00 to 6:00 p.m.
Thompson Suggested that the space count was determined based upon the
campus nature of the site.
Mr. Luker Answered in the affirmative.
Nielsen Asked if prescriptions will be filled on-site and what sort of security
would be put in place.
Mr. Luker Stated that most prescriptions will be filled off-site; the facility does
receive some donations, such as antibiotics, which are kept in a
locked on-site pharmacy and is regulated by the Department of
Health with all the requirements of a regular pharmacy.
Murray Asked if there will be 24-hour security within the campus.
Mr. Luker Responded in the affirmative.
Murray Questioned whether that wauld alleviate any concerns regarding an
alarm system in the actual medical facility.
Mr. Luker Stated the medical facility will be monitored full time in addition to
the on-site staff.
7:50 p.m. The Public Hearing closed.
Thompson Questioned whether Condition 2.4 could be qualified with a certain
timeframe, such as 12 months, so that it is not left open-ended.
Director Indicated that staff has the ability for an annual review, if necessary,
but has not typically required a specific timeframe.
Nielsen Suggested that, if parking or traffic were to become a problem, staff
would have the ability to revisit the issue.
Kozak Supported the amendment; this is a good addition to the Rescue
Mission.
Murray Agreed with Commissioner Kozak.
Minutes -Planning Commission 11-13-07 Page 10
Puckett Stated the Village of Hope is a great facility and a welcome addition
to the City.
Nielsen Indicated he is pleased to see this facility added to the Village of
Hope.
It was moved by Puckett, seconded by Kozak, to adopt Resolution
4075. Motion carried 5-0.
Adopted Resolution 4. USE DETERMINATION 07-002 AND CONDITIONAL USE
Nos. 4069 and PERMIT 07-015 REQUESTING A USE DETERMINATION
4070 TO ESTABLISH A DOG DAYCARE, TRAINING, AND
BOARDING FACILITY AS A CONDITIONALLY
PERMITTED USE IN THE IRVINE INDUSTRIAL COMPLEX
SPECIFIC PLAN AND PLANNED COMMUNITY
INDUSTRIAL (PC-IND) ZONING DISTRICT AND TO
CONDITIONALLY PERMIT THE PROPOSED USE AT
14402 CHAMBERS ROAD.
APPLICANT: LAURIE AND DAVE ZURBORG
WAGS & WIGGLES DAYCARE, PART
DEUX
PROPERTY
OWNER: THUNDERBIRD PROPERTIES LP
RECOMMENDATION:
That the Planning Commission:
1. Adapt Resolution No. 4069, approving Use
Determination 07-002 to allow fora dog daycare,
training, and boarding facility.
2. Adopt Resolution No. 4070, approving Conditional Use
Permit 07-015.
7:56 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Kozak Asked for clarification regarding the five foot wide sidewalk
requirement; he visited the site and saw no sidewalk there now.
Swiontek Deferred to Public Works for the answer to that question.
Minutes -Planning Commission 11-13-07 Page 11
Lutz Answered that the sidewalk is being added throughout the park.
Kozak Asked if that will be a standard condition for the planned
community.
Lutz Answered in the affirmative, as the projects come through.
Thompson Questioned whether or not modifications are planned for the noise
aspect.
Swiontek Stated that only interior tenant improvements are proposed along
with parking lot configuration to meet the current City standards and
also landscaping; there will be no new openings cut in the building
nor any new doors; the sound study recommended that all windows
be closed to comply with the Tustin Noise Ordinance; all
recommendations of the sound study have been conditioned; the
applicant will have to comply with those recommendations; in
addition, the applicant is conditioned to apply sound attenuation
which the applicant can better describe; the product used at the
current facility is proposed.
Nielsen Invited the applicant to the lectern.
Laurie Zurborg, Indicated that barking is minimal in a dog daycare environment as
applicant, and opposed to a kennel environment where dogs are sitting in kennels
Lisa Knight, co- and are bored and frustrated; because the dogs play with each
owner of the new other in a daycare situation, the only barking will be play barking;
facility the attendants use positive reinforcement to quiet the dogs with
humane bark-control devices; shock collars are never used; the
plan is designed with interior walls which results in double walls
inside; at the Rancho location, there is an outside area, but none is
planned far this location.
Thompson Asked if the other facility has a similar proximity with residential
areas.
Ms. Zurborg Stated that the residential area is closer at the Rancho location; in
that location, the facility shares a wall with another tenant and has
received no complaints or problems.
Murray Asked for clarification of the waste mitigation system.
Ms. Zurborg Answered that inside the building there are janitor carts that have
poop bags on them; staff cleans the waste up right when it
happens, close the bag, and put that bag into another bag; the
waste is disposed of in the regular trash containers; outside the
building, if clients allow their dogs to use the front grass area, there
Minutes -Planning Commission 11-13-07 Page 12
are disposable poop bags on a stand; clients are asked to bring the
waste inside to be disposed of properly.
Puckett Welcomed the business to Tustin.
Nielsen Asked how late someone would be there in the evening and how
early in the morning.
Ms. Zurborg Indicated the staff arrives at 7:00 a.m. and, depending on the
training classes, leaves between 8:30 and 9:00 p.m.; the difference
between a daycare and a kennel is that the dogs are exercised for
11 hours a day and are so tired that they want a good night's rest.
Nielsen Asked if staff might be there until 10:00 or 11:00 at night.
Ms. Zurborg Answered in the negative.
Kozak Thanked the applicant for the thoroughness of the proposal; and,
asked if the trash enclosure would be covered.
Ms. Zurborg Answered that the plan is to modify the structure as there may not
be enough room for a recycling bin and a waste bin.
Kozak Asked whether the exterior walls will be improved.
Ms. Zurborg Indicated that the building has been painted; added it has been
enjoyable dealing with the City of Tustin; and, thanked Ryan
Swiontek for his diligence and communication with the applicant.
John Collins Stated that he is a commercial broker who works with the owners
(provided no adjacent to the site; while he is excited that a group like this is
speaker form) coming to the property; there are concerns regarding the control of
the animal waste outside the property and the possibly of the
property getting rundown; if the property is not properly maintained,
a revocation of the conditional use permit would be in order; 30
employees in Santa Margarita and nine people in the new facility,
which is larger, does not compute; parking may be impacted across
the street.
Nielsen Asked staff to address the traffic issue.
Lutz Indicated that these types of traffic issues are generally addressed
with peak hour volumes in mind; the traffic generated by this
particular use is not peak-hour sensitive; there is a spread of time
during which the dogs are delivered and picked up; the volume is
not enough to be considered a problem; Chambers Road is in the
Minutes -Planning Commission 11-13-07 Page 13
industrial area and does not have the traffic a major arterial would
have.
Nielsen Asked if staff could make the traffic study available to Mr. Collins.
Lutz Answered in the affirmative.
Nielsen Invited the applicant back to the lectern. to address the other
questions posed by Mr. Collins.
Ms. Zurborg Stated there have been no complaints at the current facility
regarding waste distributed off the property even though that facility
is closer to other tenants.
Nielsen Asked if there is a monitoring procedure at that facility.
Ms. Zurborg Indicated that poop hunts are a regular procedure for staff.
Nielsen Asked for clarification regarding the staff size.
Ms. Zurborg Stated that there are six to seven employees are the Rancho site
and nine are planned for the Tustin site; she does not know where
the number 30 came from.
Thompson Suggested that, if there is a problem after the facility is opened,
there would be a code violation aspect and enforcement.
Director Answered in the affirmative and referred to Condition Nos. 6.1, 6.3,
6.4, 6.7 that address this issue; any sanitary nuisance would be
addressed by the Tustin City Code from a broader perspective; the
conditional use permit could be revoked if those specific conditions
were violated.
Kozak Asked the applicant if she understood those conditions.
Ms. Zurborg Answered in the affirmative; and, reiterated there have never been
any code violations at the Rancho site.
Swiontek Clarified that Condition 6.6 states that the facility is limited to nine
employees at any given time; Condition 6.5, staff requested that the
hours of operation on Sunday be changed from 8:00 a.m. to 11:00
a.m. and 2:00 p.m. to 5:00 p.m. to 8:00 a.m. to 5:00 p.m., to simplify
the matter in case operations do change on Sunday.
8:20 p.m. The Public Hearing closed.
Minutes -Planning Commission 11-13-07 Page 14
Commissioners It was the consensus of the Planning Commission that this is a
good use for the properly.
It was moved by Puckett, seconded by Kozak, to adopt Resolution
Nos. 4069 and 4070, as modified. Motion carried 5-0.
Adopted Resolution 5. GENERAL PLAN AMENDMENT 07-001, ZONE CHANGE
Nos. 4071, 4072, 07-002, CONDITIONAL USE PERMIT 07-011, AND
4073, 4074 DESIGN REVIEW 07-012 REQUESTING:
1. GENERAL PLAN AMENDMENT 07-001 TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
PUBLIC AND INSTITUTIONAL TO PLANNED
COMMUNITY COMMERCIAUBUSINESS.
2. ZONE CHANGE 07-002 TO CHANGE THE ZONING
DESIGNATION FROM PUBLIC AND INSTITUTIONAL
CENTRAL COMMERCIAL (C-2) ZONING DISTRICT.
3. CONDITIONAL USE PERMIT 07-011 AND DESIGN
REVIEW 07-012 TO AUTHORIZE THE DEMOLITION OF
AN EXISTING CHURCH BUILDING AND CONSTRUCT AN
AGE-RESTRICTED (62 YEARS OR OLDER) ASSISTED
LIVING/CONGREGATE CARE FACILITY ON A 2.882
ACRE SITE LOCATED AT 13841 RED HILL AVENUE.
OWNER/
APPLICANT: AMERICAN SENIOR LIVING
DEVELOPMENT, INC.
ZONING: PUBLIC AND INSTITUTIONAL
RECOMMENDATION:
That the Planning Commission:
Adapt Resolution No. 4071 adopting the Mitigated
Negative Declaration.
2. Adopt Resolution No. 4072 recommending that the City
Council approve General Plan Amendment 07-001.
3. Adopt Resolution No. 4073 recommending that the City
Council approve Zone Change 07-002.
Minutes -Planning Commission 11-13-07 Page 15
4. Adopt Resolution No. 4074 recommending that the City
Council approve Conditional Use Permit 07-011 and
Design Review 07-012.
8:25 p.m. The Public Hearing opened.
Willkom Presented the staff report, pointing out the modifications that staff
was recommending and that were provided at the dais.
Nielsen, Puckett, Noted for the record that they had met with the applicant prior to the
Murray, Kozak, and meeting.
Thompson
Kendig Asked if at any time there were more than two Commissioners at
these meetings.
Commissioners Answered in the negative.
Tam Saltarelli, Indicated this is an exciting time for the developer; this project has
lawyer and been in the works for two years; the applicant hopes to move
consultant for forward to the City Council; redevelopment is important to the City,
applicant the applicant has no problems with any of the conditions; the
owner, Frank Haffner, and members of his staff are available for
any questions the Commission may have; John Haffner has a brief
presentation.
Nielsen Commented on the impressive 3-D presentation; and, asked if
there were any questions for the applicant.
Murray Suggested that subterranean parking can sometimes present
challenges from the safety standpoint; and, asked if the access to
the subterranean parking was gated or if there would be other
means of denying access to unwelcome visitors.
Mr. Haffner Answered that the on-site circulation presented a queuing issue
preventing the parking garage from having a gate; however, there
is a gate in the subterranean level that prevents guests from
parking in resident stalls and also prevents access to the elevator
or stairway; the only way to access the elevators and stairways
would be to go through the secured gate in the parking garage by
pressing an intercom button and be granted access through a video
system at the receptionist's desk.
Murray Asked if there would be means for requesting emergency
assistance should someone have a medical issue in the
Minutes -Planning Commission 11-13-07 Page 16
subterranean area by pressing an emergency button or similar
measures of that type.
Mr. Haffner Indicated that such a system could be implemented; the plans
provide for a security system utilizing video cameras which are
viewable via the Internet by staff only; those cameras include the
subterranean area.
Puckett Complimented the applicant on the professional presentation; and
asked if there would be access to the alley through a gate or
whether that was an emergency access.
Mr. Haffner Replied that would be an emergency access.
Thompson Suggested that the traffic study indicated a restriction for left-turn
movements out the driveway; and, asked if that was a City
restriction.
Lutz Answered that the traffic study suggested the restriction and staff
concurred.
Thompson Asked how the height of the structure compares to the recently
approved and under construction Cottages project.
Willkom Responded that the Cottages project is 2'/z stories of 35 feet in
height; the proposed development will be 47 feet at the highest
point, the tower structure along the Red Hill elevation.
Nielsen Asked for the mean height of the rest of the project.
Director Answered that the height would be approximately 40 feet.
Thompson Asked for clarification regarding the mention of future tie-ins to the
reuse of the high school.
Mr. Saltarelli Stated that a building that is bordering the street in the back should
include architectural features and articulation in order to merge
nicely with whatever future development takes place; the fire
access road that goes around the project will be 30 feet wide and
provides a nice setback and would add that same setback to
whatever neighboring project goes in; once the Legacy is complete,
there will be no option but to redevelop existing properties, and
more infill redevelopment will be required.
Thompson Asked how the high school events and noise issues may impact the
project.
Minutes -Planning Commission 11-13-07 Page 17
Mr. Haffner Responded that the developer has high standards and utilizes
acoustical engineers in the design of windows and walls that would
mitigate the noise.
Kozak Commented that, as residents begin to move into Monarch Village,
those that are facing the high school be advised that events will
occur that create noise, such as football games, fireworks, etc.
Nielsen Asked if any of the units in the project will be designated as low-
income housing.
Mr. Haffner Answered in the negative; and, added that it is the developer's
policy to make rents affordable which helps maintain occupancy in
the building.
Nielsen Asked for the time frame for demolition and reconstruction.
Mr. Haffner Indicated that the demolition should start in early 2008, pending the
approval and obtaining of proper permits; the project could be
finished in approximately 20 months.
Nielsen Stated that he noticed in modified Condition 1.12 concerns
regarding northbound traffic on Red Hill and left turns into the
project; and, asked if that will change from what exists now to a
striped turn pocket.
Lutz Answered the left turn would be discussed at the time of design;
staff envisions a striped left-turn pocket and a restriction to left turns
out of the project in addition to the right turn only sign.
Nielsen Asked if the ingress/egress is straight across from the Del Taco exit
and entrance on the opposite side of the street or offset a bit.
Lutz Indicated that the ingress/egress will be offset from the Del Taco
facility.
Nielsen Suggested that the age restriction covenant that runs with the land
will be perpetual.
Director Affirmed Chair Nielsen's suggestion.
Mr. Saltarelli Added that the design team can add an antenna from the
basement to the topside for facilitation of the emergency system
referred to by Commissioner Murray.
Minutes -Planning Commission 11-13-07 Page 18
Bob Davis, 1101 Indicated he lives in Heritage Place, is a retired Navy man, and is
Sycamore Avenue, 85 years old; there is a great need for this sort of facility in this
Tustin community; he moved into Heritage Place when his former place of
residence was sold and the rents raised; he called HUD who
recommended Heritage Place; the amenities provide many benefits
for seniors; the units are well-constructed, affordable, secure, and
enhance the lives of the elderly.
George Speicher, Stated he has lived in Tustin since 1975; the demographics of
14711 Alder Lane, Orange County are changing; this is a great project for seniors and
Tustin will improve the area.
9:11 p.m. The Public Hearing closed.
Thompson Asked if there would be any bikeway requirement of the west side
of the development.
Lutz Indicated that widening is planned for that area to accommodate a
bike lane.
Commissioners It was the consensus of the Planning Commission that this is a
landmark project and a wonderful addition to Tustin.
It was moved by Puckett, seconded by Kozak, to adopt Resolution
Nos. 4071, 4072, 4073, and 4074. Motion carried 5-0.
None REGULAR BUSINESS
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 6,
2007, CITY COUNCIL MEETING.
Director reported The City Council heard the appeal of the items decided upon by the
Planning Commission, the Hampton Village 77-unit condominium
project; the Council approved the project with modifications, such
as additional setbacks, height restrictions, windows restricted from
opening and to be opaque; the Zone Change was approved for that
project alone; if the developer does not take advantage of that
project within two years, the City has the ability to rezone to an R-4
designation; the Council chose to put safeguards in place to ensure
that what was approved would be constructed and no higher
density project built if the property were sold to another developer.
Minutes -Planning Commission 11-13-07 Page 19
Director continued The City adopted a Negative Declaration for the Tustin Commuter
Rail Station parking structure for a future project; when the City has
plans and specifications for that, the plans will be brought to the
Commission as an informational item.
The Council held the first reading of the International Building Code
and related construction codes Ordinance, required to be adopted
prior to the end of the year; the Planning Commission will continue
to be the Board of Appeals.
The project that the Commission took action on this evening would
be subject to the dense and tall building Ordinance that the Council
considered earlier this year; that is a County-wide Ordinance that
the Sheriff, Tustin Police Department, and Orange County Fire
Authority asked be adopted.
COMMISSION CONCERNS
Thompson Reported that he attended the Tustin Preservation Conservancy
neighborhood mixer at Quinn's Restaurant a couple weeks ago, a
very nice event.
Stated he will be attending the Building Industry Show in Long
Beach beginning this Thursday, hoping to improve his skills as a
Planning Commissioner.
Kozak Thanked everyone on staff for the great work in bringing these
projects to the Commission tonight; all the work had been done by
staff and the applicants.
Congratulated the Spencer family on their Pumpkin Pride award;
and, thanked Tustin Pride and Parks and Recreation for
recognizing homes in Tustin far Halloween decorations.
Noted the Dinosaur Dash raised almost $200,000 with a record
7,690 runners and walkers of all ages.
Murray Complimented staff on their great work and for making the
Commissioners' jobs a lot easier.
Added compliments to his fellow Commissioners and
acknowledged their assistance to him in gaining knowledge in this
area.
Minutes -Planning Commission 11-13-07 Page 20
Murray continued Stated his wife and family participated in the Dino Dash; Doug
Davert made a comment encouraging Commissioner Murray to
contribute next year and to bring that message to the other
Commissioners; Commissioner Murray will be participating next
years and encouraged fellow Commissioners to volunteer.
Complimented the Novak family for their support of Station 43 and
all of the firefighters who were involved in fire safety during the
recent firestorms.
Noted he is looking forward to the Mayor's Prayer Breakfast this
Thursday.
Remarked that he received information regarding fire construction
on buildings that abutted the areas where a neighboring community
had potential fire damage; his understanding was that embers have
the ability to enter the venting of the roofs, that some newer
construction adds venting to tiles in the roofs; and, asked if that is
something that is being passed on to builders in Tustin.
Director Indicated staff has heard nothing as yet.
Murray Asked for staffs plans regarding the overview on the building permit
process that he had requested at a prior meeting.
Director Responded that staff plans to provide that overview.
Puckett Stated he attended a luncheon at the Hyatt Regency in Irvine that
was a fundraiser for the Boy Scouts of Orange County primarily
sponsored by the commercial real estate industry in Orange
County; $300,000 was raised for the Orange County Council of the
Boy Scouts of America; there were about five scouts that helped
with the presentation of the colors--one a Life Scout and one an
Eagle Scout; it takes 21 merit badges to eam Eagle; these two
guys must have had 50 or 60.
Noted he just returned from three weeks in Australia and New
Zealand; it was a great time, but three weeks is a long time to be
away from Tustin; Tustin has a sister city in New Zealand, Mata
Mata, which is two hours south of Auckland, an area where Lord of
the Rings was filmed; he intended to get down there but was
unable to do so.
Indicated the Mayor's Prayer Breakfast is sponsored by the Tustin
Community Foundation; 7:00 a.m. this Thursday at Marconi
Minutes -Planning Commission 11-13-d7 Page 21
Museum, and will be a great event; Chuck Devore is the speaker;
everyone who can attend should do so.
Wished everyone a Happy Thanksgiving.
Nielsen Stated that Chair Pro Tem Puckett was missed while he was away.
Indicated that he will also be attending the Mayor's Prayer
Breakfast; Chuck Devore is a great speaker who always has
something worthwhile to say.
Stated he also attended the Conservancy mixer and enjoyed
seeing the folks from Old Town.
Noted the Tustin Chamber mixer at City Hall included the Police
Department giving tours and showing off what they do for the
community; he believes our Police Department is the finest in
Orange County.
Added that a resident called him regarding the interior lighting for
office buildings that is visible from the street, specifically neon
lighting; there is a building on First Street near the post office that
has a tremendous amount of neon lighting; and, asked what codes
may be at issue.
Director Indicated that staff is aware of that situation and is looking into it.
Nielsen Noted that the neon is visible from the right-of--way and the
businesses across the street.
Wished everyone a Happy Thanksgiving.
9:33 p.m. ADJOURNMENT
It was moved by Thompson, seconded by Puckett, to adjourn.
Motion carried 5-0.
The next regular meeting of the Plannin ommission will be held
Tuesday, November 27, 2007, at 7: p. . ~si the City Council
Chamber at 300 Centennial Wav. ~ ~ \
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 11-13-07 Page 22
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
DECEMBER 11, 2007
7:03 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Dana Kasdan, Engineering Services Manager
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Alice Tieu, Associate Planner
Reina Kapadia, Assistant Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 5-0 1. APPROVAL OF MINUTES - NOVEMBER 13, 2007,
PLANNING COMMISSION MEETING.
Approved 4-0 2. APPROVAL OF CERTIFICATE OF APPROPRIATENESS
Thompson REPORT REGARDING OLD TOWN PROJECTS
abstained APPROVED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT FROM AUGUST 28, 2007, TO DECEMBER
11, 2007.
It was moved by Murray, seconded by Kozak, to approve Items No.
1 and 2. Motion carried 4-0. Thompson abstained on Item No. 2.
Pulled for discussion 3. HISTORIC REGISTER AND COMMENDED PROPERTY
Approved 5-0 PROGRAMS
The procedure was modified by the City Council on
November 6, 2007, to allow the Tustin Preservation
Minutes -Planning Commission 12-11-07 -Page 1
Conservancy, Tustin Area Historical Society, or others to
submit the nominations.
Puckett Asked if it was Council's desire that the Conservancy and the
Historical Society present nominations directly to the Council or to
proceed through the Planning Commission.
Director Indicated that the recommendations will still come through the
Planning Commission; the Council's desire was that other people
be allowed to recommend properties for nomination.
Murray Asked far clarification regarding the reference to an alternating
basis and whether or not this would take place three times a year.
Director Noted the intention would be four nominations per year with each
group nominating twice.
Murray Asked if there would be any particular evaluation criteria of which
the Commission should be aware with reference to Item No. 4.
Director Indicated that the overall condition of the property, what the Mills
Act criteria would be, property maintenance, etc. are the areas with
which staff has traditionally been concerned.
Nielsen Added that the Planning Commission would also discuss the
material presented.
It was moved by Puckett, seconded by Kozak, to approve Item No.
3. Motion carried 5-0.
PUBLIC HEARINGS:
Adopted Resolution 4. ZONE CHANGE 07-003 TO CHANGE THE ZONING
No. 4078 DESIGNATION FROM PLANNED COMMUNITY
INDUSTRIAL (PC-IND) TO PLANNED COMMUNITY
INDUSTRIAUBUSINESS (PC-IND/BUS) ZONING
DISTRICT. THIS PROJECT IS LOCATED AT 15771 RED
HILL AVENUE IN THE PLANNED COMMUNITY
INDUSTRIAL (PC-IND) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4078
recommending that the City Council approve Zone Change
07-003.
Minutes -Planning Commission 12-11-07 -Page 2
7:10 p.m. The Public Hearing opened.
Tieu Presented the staff report.
Nielsen Asked if there were any questions for staff.
Thompson Asked for clarification regarding the borders of the Irvine Industrial
planned community mentioned in the report.
Tieu Pointed out on the slide that the borders were Valencia Av
enue,
Red Hill Avenue, Warner Avenue, up to Bell Avenue.
Thompson Questioned whether the area is larger than shown or had any
historical boundary that went further.
Tieu Answered in the negative.
Nielsen Invited the applicant to the lectern.
Jon Marchiorlatti, Stated that the developer has 36 offices throughout the United
representing
Pannatt
i States and looks forward to adding an office in Tustin at this
on location; this building lends itself well to the type of product planned;
Development over the next few years in Orange County projects will be
repositioned just like this; it bodes well for the applicant as well as
Tustin to have area in a building for Pannattoni to show clientele
how the product can work with cities to redevelop and rehabilitate
areas such as this.
7:16 p.m. The Public Hearing closed.
Commissioners It was the consensus of the Planning Commission that this is an
excellent project for this site.
It was moved by Puckett, seconded by Murray, to adopt Resolution
No. 4078. Motion carried 5-0.
Continued to 5. CONDITIONAL USE PERMIT 07-020 A REQUEST TO
January 8, 2008, ESTABLISH A DENTAL OFFICE WITHIN AN EXISTING
Planning BUILDING FRONTING ONTO EL CAMINO REAL. THIS
Commission PROJECT IS LOCATED AT 740 EL CAMINO REAL IN THE
meeting CENTRAL COMMERCIAL (C-2), WITH COMBINING
PARKING DISTRICT (P) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4079
denying Conditional Use Permit CUP 07-020.
Minutes -Planning Commission 12-11-07 -Page 3
Nielsen Indicated that it was staff's request to continue this item to the first
Planning Commission in January; and, asked the Director to
provide further comments.
Director Indicated that various correspondence was received that requires
more staff time to allow for appropriate responses to be prepared; a
public records request was also received that will take some time to
fill.
Suggested that Chair Nielsen open the public hearing to receive
testimony that people may wish to provide this evening and that the
hearing be continued to January 8, 2008.
7:22 p.m. The Public Hearing opened.
Ashok Mehta, DDS, Stated that he is a dentist with a practice in Tustin Plaza which he
applicant intends to move to a larger location; he was initially told there was
no problem with opening a dental office at 740 EI Camino Real;
later he was told that it would not be an appropriate use; he would
not have started the process if that information has been provided
at the beginning; he believes this would be a better use than what is
presently operating in that location.
Jigar Shah, Real Indicated he represents buyers for these types of transactions; this
Estate Broker property has been on the market since 2005; it has been hard for
sellers to interest retailers in making an offer due to the square
footage, ingress and egress of the property, and the way it is
situated; the real estate market is not favorable for sellers; a dental
use would make a perfect fit and would be beneficial to the retailers
in the vicinity.
Steve Kalthoff, Read various portions of the City Code sections that would allow
Crane Architectural this building to be used as a dental office and also be beneficial to
Group the neighborhood.
Puckett Asked the applicant about other dental office locations.
Dr. Mehta Stated he has four other locations.
Puckett Asked if this location would be Dr. Mehta's primary practice site.
Dr. Mehta Answered that he works part-time in the Tustin office and would
continue to do so.
Minutes -Planning Commission 12-11-07 -Page 4
Elizabeth Martyn, Stated that the applicant will provide further information to the City
McCormick, Kidman staff and work with staff so that by January 8, 2008, a vote for
& Behrens, LLP approval may be possible.
7:30 p.m. The Public Hearing closed.
Kozak Asked staff if, given the Christmas holidays, the suggested
timeframe would allow enough time for staff to address the matter,
including the legal documents received this evening and be able to
present at the first meeting in January.
Director Responded in the affirmative, adding that staff expects to be able to
respond to the public records request within the appropriate
timeframe.
It was moved by Puckett, seconded by Thompson, to continue the
item to January 8, 2008. Motion carried 5-0.
Adopted Resolution 6. GENERAL PLAN AMENDMENT 07-002 FOR
Nos. 4076 and 4077 REORGANIZATION 07-01 (PACIFIC CENTER EAST) TO
ESTABLISH THE GENERAL PLAN DESIGNATION OF
"PLANNED COMMUNITY COMMERCIAL/BUSINESS" FOR
THE ANNEXATION OF APPROXIMATELY 1.243 ACRES
IDENTIFIED AS REORGANIZATION RO 07-01.
RECOMMENDATION:
That the Planning Commission:
Adopt Resolution No. 4076 recommending that the City
council find that General Plan Amendment 07-002 and
Reorganization 07-01 are within the scope of the adapt
FEIR, as revised by Supplement #1, for the project
entitled "Newport Avenue Extension, State Route 55
Northbound Ramp Reconfiguration, Valencia Avenue
and Del Amo Avenue Widening."
2. Adopt Resolution No. 4077 recommending that the City
Council approve General Plan Amendment 07-002 for
Reorganization 07-01.
Thompson Asked if the proposed property was within the original boundary of
the Specific Plan.
Reekstin Answered in the affirmative.
Minutes -Planning Commission 12-11-07 -Page 5
Thompson Asked for further explanation of how evaluations are made
regarding these types of reorganizations.
Reekstin Explained that, when the Supplement was prepared in 2003, there
was some re-evaluation such as a traffic study; at that point, the
project description included the fact that a boundary reorganization
would be part of the project; there have been no significant changes
to the development proposed, so no new environmental impacts
would need to be presented as part of this project.
Director Added that there is no specific rule regarding the length of time
between reviews; when there are changed conditions or when it
may be warranted becomes known through the preparation of an
Initial Study that tells staff what would warrant further environmental
evaluation; virtually every project at the Legacy is consistent with
the EIS/EIR that was prepared; an Initial Study ensures that there
are no changed conditions regarding what was originally
envisioned.
Thompson Asked how Santa Ana zones the parcel.
Reekstin Replied that the area is Caltrans property and public right-of-way
with no Santa Ana zoning designation; it is wrapped in with the 55
freeway corridor.
7:44 p.m. The Public Hearing closed.
It was moved by Thompson, seconded by Murray to adopt
Resolution Nos. 4076 and 4077. Motion carried 5-0.
None REGULAR BUSINESS
STAFF CONCERNS:
7. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 20,
AND DECEMBER 4, 2007, CITY COUNCIL MEETINGS.
Director reported The City Council held the second reading of Ordinance No. 1344
related to the construction codes; staff would like to schedule a 6:00
p.m. workshop before the first meeting in January regarding the
new codes and also the Brown Act.
Commissioners Agreed that would be acceptable.
Minutes -Planning Commission 12-11-07 -Page 6
Director The City Council approved the zone change related to the
American Senior Living project; the second reading will take place
at the Council's first meeting in January.
The City Council heard the Tentative Map related to Tustin Legacy
Community Partners, Neighborhood E, which will be moving
forward; the Design Review within that area is also developing
nicely.
While Alice Tieu gave a presentation this evening, the Planning
Commissioners had not been formally introduced to her; Alice
came to Tustin from the City of Brea, has a degree from UC Irvine,
and is in the process of working on her Master's in Urban and
Regional Planning at Cal Poly Pomona.
Happy Holidays on behalf of the Community Development
Department.
COMMISSION CONCERNS
Thompson Stated he attended the Building Industry show in Long Beach; the
classes were quite informative: Affordable Housing presented by
the City of Los Angeles; Sustainable Development by -northern
California communities; and an overall prospectus on the housing
market.
Indicated he attended the Grand Opening for Play & Trade; kudos
to the Tustin Chamber of Commerce for reaching out to small
businesses such as Play & Trade; there was a great turnout.
Also attended the Grand Opening of CR&R's recycling facility in
south Orange County; it was very interesting to see where things
are going in that industry.
Congratulated the new Mayor, Jerry Amante, and Mayor Pro Tem
Doug Davert; kudos to outgoing Mayor Lou Bone, a man of
tremendous energy and commitment to Tustin.
Noted the tip-off of the holidays at the Thompson home was being
visited by "Santa" Puckett; it is always a pleasure to see the Tustin
Santa Sleigh with all the volunteers.
Wished everyone a wonderful Christmas, Hanukkah, and New
Year.
Minutes -Planning Commission 12-11-07 -Page 7
Kozak Added his congratulations and thanks to outgoing Mayor Bone,
incoming Mayor Amante, and Mayor Pro Tem Davert.
Thanked staff for all the work done during 2007, including the
Planning staff, City Council, Code Enforcement staff, etc.; he looks
forward to another great year in 2008.
Welcomed Ms. Tieu to the City staff.
Offered Christmas, Hanukkah, and New Year wishes to everyone
and asked that everyone keep in mind during this holiday season
the forces in combat zones around the world and ask that they be
kept safe and come home safely to their loved ones.
Murray Offered belated condolences to the City Manager in the loss of his
mother.
Noted the Prayer Breakfast was outstanding; Commissioner
Puckett was in outstanding form and made everyone proud.
Thanked staff for indulging him, as a new Commissioner, in his
many questions and comments; it has been a learning environment
and staffs help was much appreciated.
Stated he would be looking forward to Santa Claus and his sleigh;
and, added that he will be riding on the sleigh on his birthday, the
19~'.
Noted that The District seems to be doing very well and offered his
compliments to everyone who was on the Commission when the
projects were beginning; however, he continues to hear concerns
about the traffic flow and hopes that staff can alleviate the
ingress/egress difficulties.
Offered congratulations to Mayor Amante and Mayor Pro Tem
Davert and agreed that outgoing Mayor Bone is a bundle of energy.
Fight on, USC, and good luck at the Rose Bowl.
Puckett Agreed with the other Commissioners that Mayor Bone had a
tremendous second year as Mayor.
Congratulated Mayor Amante and Mayor Pro Tem Davert.
Thanked staff and his fellow Commissioners for a great year.
Minutes -Planning Commission 12-11-07 -Page 8
Puckett continued Noted that the Santa Sleigh will continue through next week,
wished everyone a very Merry Christmas and Happy New Year,
and stated he looks forward to 2008.
Nielsen Added his thanks to staff for their hard work.
Congratulated Mayor Amante and Mayor Pro Tem Davert
Noted that outgoing Mayor Bone epitomizes a community leader;
people may not be aware of his work behind the scenes, hours and
hours on committees, speaking to people trying to do the public's
work, etc.; Mayor Bone is a fine public servant and Tustin residents
are very lucky to have him in the City.
Stated the Metrolink Holiday Express is coming to town on Sunday,
December 16; refreshments will begin about 5:15 p.m. at the Tustin
train station; this should be fun for all.
Indicated that he attended the Mayor's Thanksgiving Prayer
Breakfast; Mr. Devore was an excellent speaker who had done
interesting research on the historical aspects of Thanksgiving which
was entertaining and informative.
Stated he also attended the Play & Trade opening and brought his
teenagers to scan the shelves for their favorite video games.
Asked staff for information regarding the sign indicating that the
Drug Emporium will be closing.
Director Responded that notification has been received that they are closing
country-wide.
Nielsen Requested information regarding smoke shops and other tobacco
retail outlets and whether or not such use would require a
conditional use permit or be considered standard retail.
Director Answered that such shops are standard retail.
Nielsen Indicated that a shop just opened across from Tustin High School,
which does not seem a good location.
Director Replied that staff can look into the situation.
Nielsen Requested tentative dates for a tour of The District by the next
Planning Commission meeting.
Minutes -Planning Commission 12-11-07 -Page 9
Nielsen continued Asked if the new zone changes have been completed.
Director Answered that staff has a draft zoning code, but the City Council
has a contract with ULI; staff is waiting to see what impact that may
have.
Nielsen Wished everyone Merry Christmas, Happy Hannukkah, and urged
people not to drink and drive.
8:02 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, January 8, 2008, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
T
Joh ielsen
Chairperson
~~~~ ~~ ~ ~
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 12-11-07 -Page 10
SPECIAL MEETING -WORKSHOP:
THE BROWN ACT
BEGAN AT 6:00 P.M. IN THE CHAMBER CONFERENCE ROOM
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JANUARY 8, 2008
7:04 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
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
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Alice Tieu, Associate Planner
Reina Kapadia, Assistant Planner
Brad Steen, Code Enforcement Officer
Eloise Harris, Recording Secretary
Linda Jennings, PUBLIC CONCERNS
350 South B Street,
Tustin Indicated she was speaking as President of the Tustin
Preservation Conservancy; presented copies of Carol Jordan's
latest book to the Planning Commissioners; asked the
Commission to consider signage for Otd Town, which will not look
like signage in other areas of Tustin, sometime this year and also
provide commercial regulations and design guidelines for Old
Town.
Approved CONSENT CALENDAR
APPROVAL OF MINUTES - DECEMBER 11, 2007,
PLANNING COMMISSION MEETING.
It was moved by Puckett, seconded by Murray, to approve the
Consent Calendar. Motion carried 5-0.
Minutes -Planning Commission January 8, 2008 -Page 1
PUBLIC HEARINGS
Continued to the 2. CONTINUED PUBLIC HEARING FOR CONDITIONAL
January 22, 2008, USE PERMIT 07-020, A REQUEST TO ESTABLISH A
Planning Commission DENTAL OFFICE WITHIN AN EXISTING BUILDING
meeting FRONTING ONTO EL CAMINO REAL. THIS PROJECT
IS LOCATED AT 740 EL CAMINO REAL IN THE
CENTRAL COMMERCIAL (C-2), WITH COMBINING
PARKING DISTRICT (P) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4079
denying Conditional Use Permit CUP 07-020.
7:07 p.m. The Public Hearing opened.
Kapadia Presented the staff report.
Director Added that the correspondence received January 4~h from the
applicant's representative was provided the day the agenda
packet was sent to the Commission; staff provided copies in the
briefcases to the Commissioners.
Thompson Asked for clarification for the C-2P zoning designation.
Kapadia Replied that the P designates a Parking Overlay District which
allows relaxation of some parking standards for certain uses in
that district.
Thompson Requested clarification as to how the 2006 ordinance was less
restrictive than the 1983 resolution.
Willkom Stated that, prior to the 2006 code amendment, the provision for
office use applied to afl C-2 zoning districts; in 2006, the area use
was reduced for those properties fronting onto EI Camino Real
and Main Street located within the Old Town Commercial land
use designation; criteria were included allowing the Zoning
Administrator to consider conditional use permit applications for
office uses in that district.
Thompson Asked if the 12-month lapse rule referred to in the staff report is a
provision also within the ordinance, a continued use versus
another category.
Kendig Responded that the 12-month rule draws from the City's non-
conforming use ordinance, which is not the same as the 2006
ordinance related to office uses.
Minutes -Planning Commission January 8, 2008 -Page 2
Thompson Requested further clarification regarding the orientation of the
property and how that determination is applied.
Kendig Stated the ordinance states as follows: "Professional and general
offices fronting onto Main Street or EI Camino Real and located
within the Old Town Commercial Land Use designation are
subject to the rules in this provision." The key language would be
"fronting onto Main Street or EI Camino Real"; one of the
decisions the Commission is required to make is whether or not
the building fronts onto EI Camino Real.
Nielsen Asked for the general definition of the City's views as fronting onto
a particular street-the entryway to the building, the front-facing
part, the largest portion of the building, or what.
Director Indicated that a front yard is a different definition from fronting;
this property has frontage on both EI Camino Real and El Camino
Way; a front yard is the narrowest portion of the lot fronting on the
street; this is not always clear for a corner iot, and a judgment call
may be required.
Kendig Clarified that the ordinance does not contain a definition of
fronting onto; it was necessary for staff to interpret the ordinance
E{ by determining what construction of the language would advance
the purpose of the ordinance.
Thompson Noted the references to feasibility of cost; and, asked if any
estimate had been prepared by a licensed professional that
substantiates the feasibility issue.
Director Replied that staff has not prepared or received any such estimate.
Puckett Referred to the letter received from the attorneys dated January
4; and, asked if there was anything substantially different from
earlier letters that would require further study by staff.
Kendig Indicated there was additional information in the more recent
letter; one of the items referenced that the C-2 zone incorporates
by reference all of the uses allowed in the C-1 zone and that the
C-1 zone permits dental uses; Section 9233, which sets forth the
C-2 uses, contains a general incorporation by reference of the C-
1 uses and the specific criteria that must be applied to office and
business uses in the C-2 zone; the more specific provisions
prevail over the general incorporation of other uses.
Nielsen Asked for an explanation of the different addresses 705 EI
Camino Real and opposed to 740 EI Camino Real.
Minutes -Planning Commission January 8, 2008 -Page 3
Willkom Responded that, at the time of the request was presented to the
City, there was confusion regarding the address of the property;
when staff performed research, the Assessor's parcel number
was used to indicate the two addresses were the same property.
Nielsen Indicated that the information received from staff suggests the
property fronts both on EI Camino Real and EI Camino Way; and,
asked if that would be an accurate interpretation.
Director Answered in the affirmative.
Nielsen Asked how many dental facilities exist in the surrounding retail
centers.
Director Replied that staff does not have that information; staff can run a
Business License check to determine that number.
Nielsen Queried whether or not the City has had any recent discussions
regarding condemnation of this properly.
Director Answered in the negative.
Nielsen Asked if the City has a strategy to purposely drive down the value
of the property so as to acquire it via eminent domain.
Director Answered in the negative.
Nielsen Invited the applicant to the lectern.
Dr. Mirrafati, property Stated he has practiced in Tustin since 1999; he purchased the
owner properly three years ago with the intention of moving his practice
to this location; after 12 months of discussion, he and City staff
were unable to arrive at a workable proposal; he determined it
would be necessary to sell the property; after receiving multiple
offers that were all rejected by the City; when he purchased the
property the address was EI Camino Way; the City requested the
change to EI Camino Real; Dr. Mehta made a proposal to
purchase the property to relocate his dental office from Larwin
Square; there are more than 10 dental offices in the vicinity;
Thompson Suggested that the Anderson family, the owners of the
engineering firm who sold to Dr. Mirrafati, did not practice in that
building.
Dr. Mirrafati Responded that Mark Anderson rented back from Dr. Mirrafati for
six months after the purchase; his engineering office was there
during that time.
Minutes -Planning Commission January 8, 2008 -Page 4
Thompson Referred to the letter of August 2, 2004, describing the type of
uses the City would look for in that building; and, asked if that
letter occurred before or after Dr. Mirrafati purchased the building
and what his response was to that letter.
Dr. Mirrafati Stated the letter was received after he purchased the building; at
that time he was told the building would need to be 50 percent
retail; as a cosmetic surgeon, most of his practice is retail; when
he and his architect met with City staff, nothing they suggested
met with the City requirements; after 12 months of trying to reach
an agreement as to what he could do with the building, he
realized nothing was going to work and he would need to sell the
building.
Kozak Asked for clarification regarding his attempt to work with staff on a
development proposal for the site as a two story building with
office use and retail.
Dr. Mirrafati Responded that was his plan, but the City indicated his practice
did not involve 50 percent retail; staff suggested a coffee shop or
hair stylist for the first floor; those types of use do not fit well with
cosmetic surgery.
Kendig Asked Dr. Mirrafati if he recalled the exact date he purchased the
building in August 2004.
Dr. Mirrafati Answered he did not but could get the date.
Thompson Asked for clarification regarding the exact Tutorwhiz use.
Director Indicated that the City approved a school use, a conditionally
permitted use within the C-2 District, with ancillary offices and a
minor retail portion; a Zoning Administration Action was approved
which is very similar to a Planning Commission resolution that
sets forth the conditions of approval; there was also a site plan
that articulated the particular uses within the building (Exhibit D
attached to the staff report); the use was not to commence until
after October 18~' which was when Ordinance No. 1317 was
approved.
Dr. Mirrafati Stated that Tutorwhiz has offices with a couple of classrooms, a
part-time business that is open two nights of the week; a dental
office would generate more traffic than Tutorwhiz.
Murray Asked for confirmation that the school use was granted based
upon a school being a conditionally permitted use.
Director Answered in the affirmative.
Minutes -Planning Commission January 8, 2008 -Page 5
Puckett Asked Dr. Mirrafati if he currently practices in Tustin.
Dr. Mirrafati Answered in the affirmative.
Puckett Asked Dr. Mirrafati his reasons for wanting to relocate.
Dr. Mirrafati Indicated he wanted a larger space to perhaps add spa amenities
to the practice which is not possible in a tucked-away medical
office.
Puckett Questioned whether Dr. Mirrafati has been willing to move to the
building for three years but not been able to reach an agreement
with the City.
Dr. Mirrafati Stated he had presented multiple plans to the City, spent close to
$15,000 in architectural fees, and could not come up with a plan
that the City found acceptable.
Murray Asked for confirmation that the doctor's discussions with the City
began in 2004.
Dr. Mirrafati Answered in the affirmative, excepting the six months that Mark
leased back from him; he also spent quite a lot to improve the
look of the building.
Nielsen Asked for clarification regarding the cost factor in changing the
use to a dental office.
Dr. Mirrafati Replied that the doctor who wants to buy the building was
available to answer that question.
Nielsen Indicated that his question related to cost and functionality and Dr.
Mirrafati's reference to $250,000 for a salon and $600,000 to
retrofit the building for retail and relating those figures to a dental
office use.
Dr. Mirrafati Answered that he assumed it would be about the same; however,
as a property owner, he knew he would have to spend approxi-
mately $500-600,000 for remodeling; it made no sense for him to
spend that sort of money for a possible five-year lease and have
the lessee leave at the end of five years.
Nielsen Asked if the cost burden would have been on Dr. Mirrafati rather
than the salon or coffee house applicants.
Dr. Mirrafati Answered in the affirmative; for example, a contractor indicated
that it would cost $450,000 to make the improvements requested
by Dietrich's.
Minutes -Planning Commission January 8, 2008 -Page 6
Nielsen Verified with Dr. Mirrafati that the projects were lease-based.
Dr. Mirrafati Answered in the affirmative.
Nielsen Asked if there were any retail proposals that were strictly for
purchase of the building.
Dr. Mirrafati Answered that the offers have been from two dentists and a real
estate agent; all fell out of escrow.
Nielsen Asked if Dr. Mirrafati had additional documentation that the dental
office project would be a more compatible use with the
surrounding uses than a retail project would be.
Dr. Mirrafati Indicated there are more than 10 dental offices in that vicinity.
Murray Referred to the lease-based opportunities mentioned; and, asked
if those had been explored.
Dr. Mirrafati Answered in the affirmative.
Murray Asked for confirmation that the reason for not pursuing those was
that it was not financially feasible.
Dr. Murrifatti Reiterated that the problem with lease-based tenants would be
time; spending $450,000 for improvements and having the tenant
leave after five years would not be cost effective.
Thompson Referred to the doctor's comment earlier that he wished to move
in order to be closer to a retail area. as compared to his comments
that retail does not work well with his cosmetic practice.
Dr. Mirrafati Clarified that he wanted to relocate to expand his practice from
constructive and cosmetic surgery into mare cosmetic and add
other services to his practice such as massage, facial, Botox, and
similar services; adding spa amenities to his present location is
not practical because there is no exposure; a spa component
requires retail.
Thompson Stated that the spa features mentioned would qualify for the retail
component.
Dr. Mirrafati Reiterated that adding spa amenities did not meet the City's retail
requirements.
Kozak Asked if any earlier proposals included demolition of the existing
structure and construction of a new building on the site.
Minutes -Planning Commission January 8, 2008 -Page 7
Dr. Mirrafati Answered there were two different plans; one was to extend the
existing building but the parking requirement would not allow that;
a second story was proposed but all medical would have to be on
the second floor with retail only on the first floor; adding a second
story would require demolishing the existing building.
Jigar Shah, Century Stated he has been in the real estate business since 1992;
21 Discovery presented data to the Commissioners and staff relating to the goal
for the buyer and seller being the same; this property has been on
the market since 2005 and has not yet had an escrow close; there
have been many inquiries and potential buyers; only two involved
retail use; the site is appropriate for a dental use.
Rick Crane, the Stated he was hired by Dr. Mehta to develop the site plan, floor
applicant's architect plan, and elevations before the Commission this evening; many
modifications would be required to convert the building from one
use to another such as accessibility, parking, entry access,
restroom renovations, etc.; construction modifications converting
the structure to a retail building would involve the bearing wall
location and the windows would create a shear wall problem; the
cost to convert the building just for those items would be a
minimum of $175,000; the tenant improvements for retail would
be another $175,000; architect fees, engineering fees, permit
fees, etc. would be another $50,000; those are rough estimates
for minimal conversion to a retail structure.
Nielsen Asked what the cost would be for the current building to a dental
practice.
Mr. Crane Indicated that the conversion costs would be similar to a
conversion to retail; the return on the investment is the issue.
Thompson Suggested the site plan does not seem to include any exterior
improvements.
Mr. Crane Responded that his client did not want to spend $15,000 as the
previous owner did; additional improvements are planned but Dr.
Mehta would like to have the use approved first.
Thompson Stated it was unclear to him how it would still be possible to
expand the retail use within the existing building to achieve the
City's goals.
Mr. Crane Replied that question would need to be answered by Dr. Mehta.
Thompson Suggested that it would be feasible and practical to do so whether
or not Dr. Mehta requests such improvements.
Minutes -Planning Commission January 8, 2008 -Page 8
Mr. Crane Responded that Dr. Mehta is committed to some portion of retail
as indicated on the plan and in the staff report.
Thompson Stated that he understood that but also wondered about a
potential additional use outside that adds more functionality to the
building.
Mr. Crane Asked if Commissioner Thompson was suggesting enlarging the
building.
Thompson Answered in the affirmative.
Mr. Crane Indicated no such discussion has taken place in that regard; his
client may not wish to be put in the position Dr. Mirrafati was.
Kozak Suggested that it would be difficult for the Planning Commission
to make a decision on a conditional use permit that does not work
if the Planning Commission cannot know the applicant's plan.
Mr. Crane Stated that it is the applicant's intention is to have exam rooms,
small retail, and office space similar to what is shown on the
submitted plan.
Thompson Asked, if the building were torn down and rebuilt with the same
footprint, what the cost might be fora 1,700 square foot building.
Mr. Crane Answered the cost would be between $300-400 per square foot.
Thompson Suggested that would be between $500-650,000.
Mr. Crane Answered in the affirmative.
Dr. Ashok Mehta, Indicated that to convert the existing building into a dental office
applicant could vary from $60-70 per square foot up to $150 per square
foot; he has four other dental offices; the latest one in Diamond
Bar cost about $200,000 far 2,700 square feet; orthodontia
patients come in every two weeks and always have someone with
them; Tutorwhiz does not seem like a retail use to him; a dental
use would far exceed the traffic generated by Tutorwhiz; his
present location is in a retail complex and the owner seems to feel
his practice is contributing to the business; he will work with the
City to improve this building where he plans to be for a long time.
Puckett Asked if Dr. Mehta currently as an office in Tustin Plaza
Dr. Mehta Answered in the affirmative.
Minutes -Planning Commission January 8, 2008 -Page 9
Puckett Asked if Dr. Mehta plans to move that practice to the new
location.
Dr. Mehta Answered in the affirmative.
Elizabeth Martyn, Indicated the January 4, 2008, letter was updated from the
McCormick, Kidman & December 11, 2007, letter; the January letter is based upon the
Behrens, attorneys research from their public records request to better understand
the City's ordinances; this application is an exception to the City's
requirements; there is a question whether or not the location
fronts onto EI Camino Real; the building was placed an the site in
1972 with an office use oriented away from the street for a
reason; even if it isn't fronting in the sense defined in the
ordinance, that is a factor that needs to be weighed into this
equation; the 2006 ordinance was put in place to provide the
exception for a building like this; this building is going to sit vacant
and create code enforcement problems; it seems better to accept
the exception, look at the conditions, and understand that Dr.
Mehta is willing to work with staff to find a solution.
Linda Jennings, 350 Encouraged the Planning Commission to consider this proposal
South B Street, under the 2006 ordinance that restricted the frontage of Main and
EI Camino Real to retail; there is a cost associated with
rehabilitating Old Town property; the overriding reason the
ordinance was passed was to strengthen the financial condition of
Old Town Tustin.
Nielsen Asked the City Attorney to clarify whether fronting onto EI Camino
Way versus EI Camino Real would require a conditional use
permit for a dental clinic.
Kendig Stated that a professional or general office not fronting on EI
Camino Real in the land use designation as a permitted use
would not require a conditional use permit.
8:35 p.m.
The Public Hearing closed.
Thompson Indicated he appreciated the background history that has been
provided by the property owner and applicant; development is a
tough business; the orientation requires more discussion; the
application appears to be incomplete regarding what will be
happening to the exterior of the building, which is very important;
the ordinance was not intended to be used to cause an applicant
to rebuild but does intend to stimulate an enhancement; there
should be more time put into this application; there must be
something feasible that can achieve the applicant's goal without
the high dollar amounts mentioned above and appropriate to the
ordinances the City has in place.
Minutes -Planning Commission January 8, 2008 -Page 10
Kozak Noted that he thought he had reached a point of clarity after
reading all the documents; given the presentation by the property
owner and applicant regarding the history of this site and other
considerations such as the frontage and number of dentists
already in that area, it seems the Commission does not have the
information necessary to approve or deny this application; the
codes and policies are present in order to move forward a vision
for Old Town and are very important; even though promises are
being made to enhance the site, the Planning Commission does
not have that information, which is necessary to make a reasoned
judgment for the long term regarding the best interests of Old
Town, the community, and the property owners.
Murray Concurred with Commissioners Thompson and Kozak; he has
similar concerns; the Planning Commission analyzes the
information and tries to come up with the best overall opinion as
to how to more forward; one of the important things to consider is
remaining business-friendly, to promote financial prosperity within
the confines of the rules and regulations; based upon the merits
of this proposal and information available, he would have a
difficult time making a decision in the applicant's favor; the
exterior elements are very important and have not been provided;
it is also important to consider whether or not this approval would
be an exception.
Puckett Stated that he has never been so conflicted; this is a very tough
decision and does not seem to be what City staff wants for Old
Town; however, considering what the property owner has gone
through trying to make this work, he would be in favor of going
along with the applicant to give this proposal a try and see how it
works out; chances are a dental office would enhance that area.
Nielsen Indicated he also spent more hours on this item than any other
item during the past five years and thanked the property owner for
standing at the podium for so long; this is a unique property and
location; he had never noticed this building in his 21 years in
Tustin; the facing orientation of the building at this time is towards
the parking lot which is closest to EI Camino Way; the staff report
indicated that the building fronts onto both streets; depending
upon which one is correct, the use is either permitted or not
permitted; the applicant provided plenty of information, but it is
clear through the use that the intent of the City to have retail in
that establishment was very clear from the 2004 letter to the
present; the intent of the ordinance is clear in that the City wants
to encourage traffic and retail development in Old Town; when
staff says this property has two fronting situations, his view goes
toward the orientation of the building which is EI Camino Way; on
this item, he would be inclined toward the applicant; if the building
Minutes -Planning Commission January 8, 2008 -Page 11
fronts onto EI Camino Way, it should be a permitted use without a
conditional use permit; dental clinics do bring in traffic and quasi
meet the intent of the ordinance even though the ordinance does
not apply in this case.
Asked the City Attorney for a decision on how the motion should
be presented if the Commission were to approve the use based
on the frontage question.
Kendig Stated his job was to advise the Commission what is legally
required and defer to the Commission to make and decide upon a
motion; legally, Commissioner Nielsen would be correct that, if the
building fronts onto EI Camino Way, no conditional use permit
would be required.
Nielsen Indicated that what he was asking was for clarification on a
resolution; if a conditional use permit is not necessary, the
Commission could vote to decline and proceed to the next step.
Kendig Indicated a Commissioner could make a motion to determine the
property fronts onto EI Camino Way which could dispose of the
issue of the conditional use permit; another Commissioner could
make a motion that the application should be continued for more
information.
Nielsen Suggested that the motion segment the conditional use permit to
a design review.
Kozak Indicated that his interest was in a design review to accompany
the conditional use permit; if the Commission determines that the
structure fronts onto EI Camino Way which would dispose of the
conditional use permit, the property owner, the City, and the
General Plan goals and objections would be in a better position
for other opportunities in the future; he would support a motion for
a determination of the frontage and recommend that a design
review require the applicant to work with City staff for external,
structural, or aesthetic improvements to the building and the site
which would be brought back for the Planning Commission's
consideration.
Thompson Asked for clarification regarding the parts of the motion.
Nielsen Stated there could be a motion to reclassify that the building
fronts onto EI Camino Way and as such the conditional use
permit would not be necessary; the other option would be the
design review process in order for the Commission to consider
the external modifications.
Minutes -Planning Commission January 8, 2008 -Page 12
Thompson Indicated he would be in favor of the second option with a timeline
that would be acceptable to the applicant; he has concerns
regarding EI Camino Plaza which is across the street from this
building; half the frontage is EI Camino Real and half is EI Camino
Way which would suggest that the shopping center can now
become half office space and half retail; the bakery that just
completed improvements and invested significantly at the corner
of Sixth and EI Camino Real does not front onto EI Camino Real;
the frontage question is complex.
Murray Agreed that this is a complicated issue; Commissioner
Thompson's comment regarding the first part of the motion
certainly requires consideration; it is important that more research
be completed and the Planning Commission not jump to any
conclusions regarding the fronting issue.
Nielsen Concurred that Commissioner Thompson's comments opened
questions regarding setting a precedent that the Commission
needs to consider; there are also questions regarding the vague
wording of the ordinance.
Asked the City Attorney if this item could be continued to another
meeting in order far more fact-finding to occur.
Kendig Answered in the affirmative.
Nielsen Asked if the Commissioners had further comments.
Murray Suggested a continuance might provide the opportunity to fill this
loophole in order to avoid this situation in the future.
Puckett Asked if issue of the address needs further consideration.
Nielsen Stated it was necessary to have a consensus whether or not to
continue the item for fact-finding.
Commissioners Answered in the affirmative.
Nielsen Noted that more information could be provided regarding the
fronting situation, what precedent might be set for the rest of Old
Town, and the applicant's intent for the property.
Kozak Suggested that additional information from the applicant could
allow consideration of a recommendation or alternative
recommendations based on the fact-finding.
Ms. Martyn Returned to the podium to state there is some urgency in closing
escrow which has been open since September; if the Planning
Minutes -Planning Commission January 8, 2008 -Page 13
Commission could continue the item to the next meeting, that
would be appreciated.
Nielsen Noted the Planning Commission is concerned with setting a
precedent that could perhaps be costly to other merchants and to
the City; that must be taken into advisement.
It was moved by Murray, seconded by Thompson, to continue the
item to the next Planning Commission meeting, January 22, 2008.
Motion carried 5-0.
Continued to the 3. CONDITIONAL USE PERMIT 07-014 AND DESIGN
January 22, 2008, REVIEW 07-015, A REQUEST TO CONSTRUCT A 7,650
Planning Commission SQUARE FOOT MIXED-USE DEVELOPMENT (OFFICE
meeting AND RESIDENTIAL). THIS PROJECT IS LOCATED AT
170 EL CAMINO REAL IN THE CENTRAL COMMERCIAL
(C-2), WITH COMBINING PARKING DISTRICT (P) AND
CULTURAL RESOURCES (CR) OVERLAY ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4080,
recommending that the City Council approve Design
Review 07-015, Conditional Use Permit 07-014, and a
waiver of in-lieu parking fees to authorize the construction
of a mixed-use development.
Director Noted that the applicant requested that the item be continued to
the next meeting due to correspondence received today from an
adjacent property owner.
Nielsen
Received and filed
Invited anyone wishing to speak come forward to provide
testimony. No one came forward.
It was moved by Thompson, seconded by Murray, to continue the
item to the next Planning Commission meeting. Motion carried 5-
0.
REGULAR BUSINESS:
4. SIGN CODE UPDATE
Since adoption of the new Sign Code in April 2007, the
City's education and enforcement efforts have been able to
bring most signs into compliance. Code Enforcement staff
has seen about an 80 percent decrease in citizen
complaints regarding real estate signs.
Minutes -Planning Commission January 8, 2008 -Page 14
RECOMMENDATION:
That the Planning Commission receive and file this report.
Steen Presented the staff report.
Director Explained the reasons for the update and how the enforcement
has been working.
It was moved by Puckett, seconded by Thompson, to receive and
file the report. Motion carried 5-0.
Received and filed 5. 2007 CERTIFIED LOCAL GOVERNMENT ANNUAL
REPORT
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 report period.
RECOMMENDATION:
That the Planning Commission receive and file this report.
Reekstin Explained the reasons for providing the report to the State.
Murray Asked if the report is updated annually.
Reekstin Answered in the affirmative.
Nielsen Asked if there had been any response by the State.
Reekstin Indicated that the State does not typically respond.
Thompson Noted that his years spent on the Historic Resource Committee
were not included.
Reekstin Stated that staff can forward that information as an amendment;
that information was included on Commissioner Thompson's
resume.
It was moved by Kozak, seconded by Thompson, to receive and
file the report. Motion carried 5-0.
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE JANUARY 2,
2008, CITY COUNCIL MEETING.
Minutes -Planning Commission January 8, 2008 -Page 15
Director reported The City Council considered the General Plan Amendment
related to the reorganization of the property in Pacific Center East
that was brought before the Planning Commission in December
related to the Caltrans parcel sandwiched between the City of
Tustin and the City of Santa Ana; that Amendment will be
forwarded to LAFCO.
The City Council considered the Zone Change related to 15571
Red Hill where Panattoni is proposing to locate its operations
within our City.
The City Council considered the appeal of the Planning
Commission's decision to amend the conditional use permit
related to the Orange County Rescue Mission's proposed medical
and dental clinic; that decision was approved to allow the use; the
Council amended one of the conditions of approval to allow the
City to consider the overall conditional use permit related to the
original entitlement and amended conditional use permits
regarding any potential traffic or parking impacts related to the
operation.
COMMISSION CONCERNS
Thompson Indicated that this Friday, January 11, marks the 22~d wedding
anniversary of he and his wife, Cherie, and wished her a happy
anniversary.
Kozak
Thanked the Deputy City Attorney for the Brown Act workshop.
Thanked Linda Jennings for the Carol Jordan book.
Thanked staff for their hard work on the first public hearing item
this evening, a very challenging item; the process is working and
it looks as though things will move in the right direction.
Mentioned the location on First Street that does not seem to be
within the Tustin Sign Ordinance; and, asked that staff take
another look at that situation.
Murray Wished everyone a Happy New Year.
Thanked Linda Jennings for the book.
Thanked staff for their hard work.
Noted that traffic at The District has improved; and, asked when
the exterior improvements affecting The District (Barranca and
Jamboree} are expected to be completed.
Minutes -Planning Commission January 8, 2008 -Page 16
Director Indicated that staff will check with Public Works and bring the
t information back to the Planning Commission.
Murray Indicated that Vestar's efforts in educating the public as to other
exits and entrances have been very helpful.
Asked if the fish restaurant is still planned at The District.
Director Stated that the Blue Water Grill is still proposed.
Puckett Thanked Carol Jordan and congratulated her on the book, a
tremendous history of Tustin.
Thanked Linda Jennings for presenting copies of the Jordan book
to the Commissioners.
Congratulated his son on his 39~' birthday.
Noted the Mayor's Inaugural is scheduled for Thursday, February
7, at the Tustin Ranch Golf Club; this is wonderful event and
should be attended by all.
Nielsen Wished everyone Happy New year.
Thanked staff for their hard work on the first public hearing this
evening; this was a lot of work but things are moving in the right
direction.
Thanked Linda Jennings and Carol Jordan for The Illustrated
History of Tustin.
Requested that the meeting be adjourned in memory of George
Stewart, a former Tustin News reporter.
9:30 p.m. ADJOURNMENT
In Memory of
George Stewart
The next regular meeting of the Plan 'ng Commission is
scheduled for Tuesday, Ja uary 22, 2008 7:00 p.m. in the City
Council Chamber at ente I W .~
'~ Charles E. Puckett, Chairperson Pro Tem
E abet A. Binsack
Planning Commission Secretary
Minutes -Planning Commission January 8, 2008 -Page 17
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JANUARY 22, 2008
7:04 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Absent: Chair Nielsen
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Justina Willkom, Senior Planner
Scott Reekstin, Senior Planner
Alice Tieu, Associate Planner
Reina Kapadia, Assistant Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
Approved CONSENT CALENDAR
1. APPROVAL OF MINUTES - JANUARY 8, 2008,
PLANNING COMMISSION MEETING.
2. TUSTIN COMMENDATION NOMINATION - 335 SOUTH
C STREET.
It was moved by Murray, seconded by Kozak, to approve the
Consent Calendar. Motion carried 4-0.
Puckett Mentioned what an asset to Tustin the McCharles House has
been; and, thanked Brett Ferdig for bringing forward the
nomination as a commended property in Old Town.
PUBLIC HEARINGS
Adopted Resolution 3. CONDITIONAL USE PERMIT 07-022 REQUESTING
No. 4081 AUTHORIZATION TO OPERATE A WOMEN'S WEIGHT
LOSS AND FITNESS HEALTH CLUB WITHIN AN
Minutes -Planning Commission 1-22-08 -Page 1
EXISTING SHOPPING CENTER TENANT SUITE. THIS
PROJECT IS LOCATED AT 17251 SEVENTEENTH
STREET, SUITE B, IN THE COMMERCIAL GENERAL
(C-G) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4081 approving Conditional Use Permit 07-022.
7:06 p.m. The Public Hearing opened.
Kapadia Presented the staff report
Thompson Asked for clarification regarding the parking requirements and
how the ratio is justified if the site is full to capacity.
Kapadia Indicated that the purpose of conditioning a project based on the
existing parking is to avoid such a problem; the use restriction is
based on the available parking for a maximum of instructors and
clients as listed.
Thompson Suggested that the ratio of parking for 30 clients and three
instructors would not allow for 33 cars at the site.
Director Noted that the center is parked at a retail ratio; the proposed use
is more of an assembly-type occupancy which would be
calculated based on the number of instructors and clients, i.e.
one space per three clients, and on the square footage of the
tenant suite.
Kozak Referred to the two other similar uses mentioned in the staff
report that were approved in 2002 and 2003; and, asked if similar
occupancy standards were used and how those are working.
Director Replied in the affirmative; and, added that similar uses would be
karate studios, churches, etc. which generally work well.
Murray Questioned whether there should be something included to allow
for modifications if necessary.
Director Responded that Condition 2.6 allows staff to work
administratively with the applicant to modify the hours of
operation or reduce the client enrollment to offset any impacts
that might occur at the center.
Puckett Asked if the applicant wished to speak.
Minutes -Planning Commission 1-22-08 -Page 2
Ms. Selders Answered in the negative.
Puckett Asked if there were other speakers. None came forward.
7:15 p.m. The Public Hearing closed.
Commission It was the consensus of the Planning Commission that the use
would be appropriate; the Commissioners welcomed the
applicant to Tustin.
It was moved by Thompson, seconded by Kozak, to adopt
Resolution No. 4081. Motion carried 4-0.
Adopted Resolution 4. CONTINUED PUBLIC HEARING FOR CONDITIONAL
No. 4079, denying USE PERMIT 07-020, A REQUEST TO ESTABLISH A
the project without DENTAL OFFICE WITHIN AN EXISTING BUILDING
prejudice FRONTING ONTO EL CAMINO REAL. THIS PROJECT
IS LOCATED AT 740 EL CAMINO REAL IN THE
CENTRAL COMMERCIAL (C-2), WITH COMBINING
PARKING DISTRICT (P) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4079 denying Conditional Use Permit CUP 07-020.
7:16 p.m. The Public Hearing opened.
Kapadia Presented the staff report.
Thompson Requested the dimensions of the frontages for this lot; and,
asked if the side or front was longest as pertaining to the
definition provided in the staff report.
Kapadia Indicated that staff referred to the Assessor's Parcel Map and the
Title Report submitted and determined that the frontage along EI
Camino Real was approximately 20 feet shorter than the
frontage along EI Camino Way.
Thompson Suggested that, based upon the Tustin City Code definition, the
longer frontage would be at the side.
Kapadia Answered in the affirmative.
Thompson Indicated the staff report referred to the access being off of EI
Camino Real; the applicants letter stated there is a driveway off
Minutes -Planning Commission 1-22-08 -Page 3
of EI Camino Way; and, asked if there is any other way to get on
to EI Camino Way than using EI Camino Real.
Kapadia Stated the property has two access driveways, one on EI
Camino Real and the other on EI Camino Way.
Thompson Asked how someone would get onto EI Camino Way without
using EI Camino Real.
Director Answered that access is from EI Camino Real to get to EI
Camino Way.
Thompson Asked if there were relevant cost comparisons with other
properties being developed, such as the reuse of the Tustin
Garage from a garage to a restaurant.
Willkom Stated that the plans submitted for renovations to Beach Pit
Barbecue indicated the cost would be approximately $470,000.
Thompson Asked if it is customary on these types of applications to
postpone the design review component and obtain approval for a
conditional use permit or more appropriate that such applications
always be approved together.
Director Stated that the design review and conditional use permit are
typically considered concurrently; however, at the last Planning
Commission meeting the Commission was considering the use
and a subsequent design review application after.
Puckett Asked if the applicant wished to come forward.
Kendig Indicated a letter was received today from the applicant.
Puckett Noted that the review of the letter was the reason for the delay in
starting the meeting.
Dr. Sid Mirrafati, the Presented photographs of his building showing the two frontages
property owner referred to by the City staff; the vehicle access to his building is
from EI Camino Way with an exit onto EI Camino Real; the
properly owner also presented photographs supporting his point
of view relating to the City's fronting definition, picturing various
businesses that have an EI Camino Real address but whose
businesses have doors opening onto parking lots; when you
stand at the front entrance to his building, all you see is EI
Camino Way.
Minutes -Planning Commission 1-22-08 -Page 4
4
Thompson Mentioned the discussion at the previous Planning Commission
meeting regarding the August 2004 letter; and, asked the
property owner again exactly when he purchased the property.
Dr. Mirrafati Stated he did not recall the exact date but thought it was August
24.
Thompson Asked if the purchase was after the letter the City sent to him
advising him of the requirements for retail.
Dr. Mirrafati Reiterated that he received the letter after he purchased the
property.
Thompson Noted that the letter from the City was dated August 2, 2004.
Dr. Mirrafati Stated that he must have closed it before that; when he bought
the building, he went to the City and asked them if a medical use
would be acceptable at that location; he was told that it would be
as long as the parking requirements were met; escrow closed;
he submitted his plans and was told medical would not be
allowed.
Thompson Indicated that he was still confused; the letter enclosed in the
packet was dated August 2.
Dr. Mirrafati Stated that the person from wham he purchased the property
leased back for six months; the actual recordation date was
August 20, 2004, but the closing of escrow was before that.
Thompson Asked for clarification regarding the August 20"' date.
Dr. Mirrafati Answered that was the date of recordation.
Thompson Suggested that typically escrow closes and documents are
recorded the same day.
Dr. Mirrafati Insisted that the City's letter was written after the close of the
escrow.
Thompson Suggested that some of the shopping centers Dr. Mirrafati
showed in his photographs have access to streets other than E(
Camino Real; Jamestown Village is off of C Street.
Dr. Mirrafati Indicated that C Street is a residential street, and the businesses
front onto the parking lot.
Minutes -Planning Commission 1-22-08 -Page 5
Thompson Stated his remark was in reference to Dr. Mirrafati's statement
regarding only access off of EI Camino Real
Dr. Mirrafati Responded that reference was to Quinn's Restaurant which has
only EI Camino Real access.
Thompson Suggested that Quinn's can also be accessed from Main Street.
Dr. Mehta Reiterated his desire to relocate to this property and his hope
applicant that the Planning Commission would act appropriately and
approve this application.
7:51 p.m. The Public Hearing closed.
Thompson Stated the building address has always been EI Camino Real;
the only way to access the building is from EI Camino Real; the
City provided a letter dated August 2 which was very clear
regarding the requirements for retail and architecture; the
property closed escrow after that notification; a dentist in Old
Town would be welcome if there were a proposal from the
applicant that would include some form of retail within that
building consistent with the August notification and the
guidelines; given these requirements, he would be conflicted in
supporting approval of this conditional use permit.
Kozak Echoed Commissioner Thompson's comments and concerns
which he shares; he understands the difficulty in developing this
site; he would like to see a proposal that would be consistent
with the City Code and General Plan; from a public policy
standpoint the Planning Commission must apply the City Code
for the larger public purpose; the map that was shared in the
PowerPoint showed the different overlays and made it clear
whether the door faces one direction or the other; whether the
longest side is one side of the property or the other, this property
and this building are part of the EI Camino Real retail corridor
that the City and the Commission is trying to achieve; given
these issues, he cannot support this conditional use permit; if the
project is denied, he would suggest it be denied without prejudice
and would welcome a proposal for this piece of property
consistent with developing astreet-level, walkable, retail corridor
along EI Camino Real.
Murray Thanked the applicant, property owner, and staff; this has been
an arduous task; he is in favor of promoting every business
possible within this community; the Planning Commission would
be negligent if they were to overlook the information that has
been provided; based upon the staffs research and the other
Minutes -Planning Commission 1-22-08 -Page 6
Commissioners' comments, he would agree with staff's
recommendation for denial.
Puckett Noted that this has been an extremely difficult project with which
he has struggled more than any other project; given staffs
recommendation, he would not be able to support the proposal; it
is important not to set a precedent to change the frontage of the
Old Town businesses.
It was moved by Thompson, seconded by Murray, to approve
Resolution No. 4079 denying the project. Motion carried 4-0.
Director Asked if the Commission wished to deny the proposal without
prejudice.
Commission Answered in the affirmative.
Director Stated that this is an appealable item
Continued to the 5. CONTINUED PUBLIC HEARING FOR CONDITIONAL
February 26, 2008, USE PERMIT 07-014 AND DESIGN REVIEW 07-015, A
Planning Commission REQUEST TO CONSTRUCT A 7,650 SQUARE FOOT
meeting MIXED-USE DEVELOPMENT (OFFICE AND
RESIDENTIAL). THIS PROJECT IS LOCATED AT 170
EL CAMINO REAL IN THE CENTRAL COMMERCIAL
(C-2), WITH COMBINING PARKING DISTRICT (P) AND
CULTURAL RESOURCES (CR) OVERLAY ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4080, recommending that the City Council approve
Design Review 07-015, Conditional Use Permit 07-014,
and a waiver of in-lieu parking fees to authorize the
construction of a mixed-use development.
8:00 p.m. The Public Hearing opened.
Tieu Presented the staff report.
Director Stated that the applicant's architect wished to address some of
the concerns with the architecture and would offer a short
presentation.
Paula Meyer, Indicated that she formerly practiced law across the street from
applicant City Hall and has always wanted to return to Old Town Tustin to
Minutes -Planning Commission 1-22-08 -Page 7
live and work; she plans to practice in Tustin for the next 20
years; she understands the Old Town requirements and believes
that Susan Secoy is the architect who can make it happen; her
building in Old Town Orange fits perfectly in that location; this is
their intention for the proposed structure; staff made good
suggestions which have been incorporated into the design.
Susan Secoy, Presented the architecture through a PowerPoint show and
architect explained the compatibility of the project, how it conforms to the
design standards, and the design treatments and materials that
will be used.
Murray Asked if the architect has designed other projects similar to this
one regarding historic issues.
Ms. Secoy Answered that she has designed at least a dozen structures in
Old Towne Orange, a lot of them residential in nature, including a
career project that was originally a tire retreading plant and is
now her office, her apartment, and artists' studios and office
space.
Thompson Asked for clarification regarding the parking spaces and the fee
program that was summarized in the report, specifically where
the five spaces that are not provided will come from.
Director Explained that this is an in-lieu program cited in the City's Zoning
Code; the applicant has the ability to pay into a fee program so
that the City would be able to use those dollars for future parking;
the spaces do not exist today.
Thompson Suggested the inventory does not need to be made up
somewhere else.
Director Responded in the affirmative.
Thompson Asked for an verification that the water quality management fee
is a deposit of $2700.
Director Answered in the affirmative.
Thompson Referred to Condition 6.2 stating the property owner would waive
all right of contest of fee programs; and, asked what programs
would be involved.
Director Stated the intent was related to a parking assessment district.
Minutes -Planning Commission 1-22-OS -Page 8
Thompson Asked for an explanation of the guidelines for retail on the
ground floor and how this project fits within those guidelines.
Director Responded that the guidelines were explained in the January 8,
2008, staff report to the Planning Commission; this property is
within the Cultural Resources Overlay District; there were
avenues that could have been explored for this property because
it is a mixed-use proposal; the applicant could have requested a
planned community such as Prospect Village or used the City
Code section related to unlisted uses; since the property is such
a small in-fill development, the applicant chose to use the
provision that states if there are no standards the City Council
establishes the standards for development; the Planning
Commission is the recommending body to the City Council
related to the design review and the conditional use permit.
Thompson Questioned whether it would be flexible within the guidelines not
to have retail on the ground floor and only provide parking as
shown in this application.
Kendig Specified that would be within the Cultural Resources Overlay
distinction.
Thompson Asked if there had been any input from the property owner to the
south regarding the massing.
Director Replied that it was her understanding the property owner
attempted to meet with that property owner; perhaps the
question should be directed to the applicant.
Ms. Meyer Indicated she had tried to meet with the property owner to the
south but was unable to do so; she wants to be very sensitive to
that property owner and is considering a water feature there that
will be good for both buildings.
Thompson Referred to his days on the Cultural Resources Advisory
Committee and the differences of opinion regarding the
architecture; and, asked if there has been any third party
dialogue regarding this architecture.
Director Responded that there have been no peer reviews in this case.
Puckett Invited members of the public to the lectern.
Brad Fisher Stated he is one of the owners of the property immediately north
of the site, 150 EI Camino Real; the applicant did not contact him
regarding this project; he reached out to the applicant; a notice
Minutes -Planning Commission 1-22-08 -Page 9
was received from staff; staff was informed of his opposition to
the project; at the meeting with the applicant, a hierarchy of
changes was outlined; the architect and applicant committed to
getting back to him before this hearing but did not.
Explained that he respects the applicant's right to develop the
property and is not suggesting this should stay a vacant lot; any
development, however, must be appropriate to the Tustin City
Cade; this property fails because it is too large a project for a
7,000 square foot lot; it is 7,500 square feet of improvements
over parking, requires a zero lot line, and is built to all the limits;
he disagrees with the suggestion that the building would appear
to transition north to south from a three level building to a two
story building; his building has two levels of office over parking;
the applicant has two levels over parking; the buildings would be
essentially the same; the staff report incorrectly calculates the
parking required; the office would require 16 spots, not 14; the
addition of retail would require 18 spots; the property would be
seven spots deficient; parking is significant because it acts as a
natural limit to the size of a development; this project is 38
percent short of its required parking; it is hard to understand why
staff is recommending the in-lieu parking fees be waived; the
inclusion of a swimming pool adjacent to offices would be
inappropriate; retail is more consistent with the EI Camino retail
corridor, not parking with an office upstairs; his property has
exterior corridors on the north and south faces of the building
and the tenant spaces have windows which overlook the
corridors; the rear 20 percent of his building abuts another zero
lot line property; there is no problem leasing that space because
the entry is on the back facing the park and gets light two-thirds
of the day from the west; if this building is allowed as designed,
his building will have a prison wall four or five feet from the face
of his comdars which will make them very dark; the Realtor who
handles his leasing estimates this would impact his rents for a
third of the building; a letter was presented with this information.
Stated that he suggested to the applicant that she flip the
building and put the zero lot line on the other side which would
create more light for his building from the south; the development
is too large for the lot; an office development of 3,000 square feet
with 2,400 square feet of residential on one floor over parking
would be more appropriate and would require only 12 parking
spaces; this would achieve a better visual transition from the two
story to the one story and would not impact his building's third
floor in terms of light and would minimize the impact on the
second floor; the articulated north elevation showing the
landscaping looks very nice, but there is nowhere for that
Minutes -Planning Commission 1-22-08 -Page 10
tea house is in limbo right now, but he hopes to reopen it when
he retires in four years; the proposed large structure will diminish
his property value and is not conducive to the view from his
property; the design does not meet the Cultural Resources
Overlay District which was intended to preserve Old Town; the
project should be redesigned to approximately 2,000 square feet
to fit the land size and to include ground floor retail.
Linda Jennings Stated she is a resident of Old Town, 350 South B Street, and
the President of the Tustin Preservation Conservancy; the
Conservancy sent a letter to the Planning Commission which
included the following points:
The modern design of the proposed building does not fit
into the historical context of the Cultural Resource Overlay
District; Tustin was not blessed with a Frank Lloyd Wright
building to emulate; Old Town buildings are primarily
Craftsman bungalows, California bungalows, and a few
Victorians; the predominant material on these buildings is
wood siding.
• Other recently constructed buildings include the Acorn
Naturalists building, the Armstrong Nursery, and Helms,
all of which went through rigorous design review to reach
a design that worked within the historic urban fabric of Old
Town; the proposed building does not fit into that fabric.
• The use of a small amount of brick on the front facade
does not substitute for historic sensitivity.
It took many weeks for the Acorn Naturalists building approval,
redesigning and coming back to the Planning Commission to
create the building that exists today; it was worth it; the building
has won Outstanding New Building in the Conservancy
Preservation awards.
The claim that the proposed building is responding to
neighborhood context is flawed; the historical building to the
south has been completely ignored and would be overwhelmed
by the style and scale of this proposal; the 1960s building to the
north is anon-contributing building and was built prior to the
existence of the Overlay District; this is exactly the style and the
scale of building that was to be prevented along EI Camino by
the creation of the Overlay District.
The project has no retail element, contrary to the 2006 ordinance
passed by City Council, on all ground floors.
Minutes -Planning Commission 1-22-08 -Page 12
landscaping to go; photographs were submitted showing the tight
space issues.
Kozak Asked if the trees shown in the photographs were on Mr. Fisher's
property.
Mr. Fisher Answered in the affirmative; and, added that the trees need to be
replaced or removed because of the problems the leaves cause
and the difficulty in keeping the trees trimmed, a situation which
could be negotiated with the applicant.
Ms. Meyer Indicated a willingness to work with Mr. Fisher regarding the
trees.
Markus Brawn, Stated he was speaking on behalf of the Tustin Preservation
resident of Old Town Conservancy; the Conservancy is in favor of in-fill development
in Old Town; a vacant lot is a detractor and Old Town would
benefit from some sort of project; the architect demonstrated an
incredible amount of talent and skill in her PowerPoint
presentation; the Mustard Cafe is a beautiful building that is
appropriate for the City of Orange; the proposed Tustin building
is beautiful but is not appropriate for the historic district; adding
brick to the outside does not make it historically appropriate;
there is also a ground floor concern; retail would be more
appropriate than parking; the Acorn Naturalists building is a
model for what can be done in Old Town Tustin.
Leonard Nettles, Stated he owns the small bungalow at 180 EI Camino Real south
180 EI Camino Real of the proposed building; the bungalow was built in 1913 and is
one of the original buildings in Tustin; the building was restored
with period materials; the building is 1,700 square feet and was a
teahouse; now it is an office for a realty corporation he owns; his
objection to the proposed structure is its size; he submitted
photos of the lot where the building is proposed which is about
50 feet wide by 150 feet deep.
Puckett Asked for confirmation that the building is now being used as his
office.
Mr. Nettles Answered in the affirmative; and, added that his major concerns
are having the large building dwarf his structure, block the
horizontal view, and render the patio useless; the patio was
originally designed for the tea house to allow people to sit
outside and enjoy the street front; the value of the structure is its
being declared an historical building that would allow the use of
the State historical building codes to meet all the commercial
codes when he upgraded it from a residence to commercial; the
Minutes -Planning Commission 1-22-08 -Page 11
Ms. Jennings, The Conservancy supports the idea of a mixed-use building in
continued Old Town; mixed use is based on an historic pattern of
development; the design, however, should exhibit some historic
influence.
Based on all of the above points, the Tustin Preservation
Conservancy opposes granting the design review and
conditional use permit.
Kay Nettles, Stated she had circulated a petitian which contained 17
180 EI Camino Reat signatures from neighbors objecting to this project; and,
presented the petition to the Planning Commission.
Puckett Asked within what distance of the proposed structure the
petitioners are located.
Ms. Nettles Responded that all are within one block of the site; and, indicated
that the applicant and architect did stop to talk with her when she
was in year-end close and she had no time available; no further
contact was made by the applicant to make an appointment.
Murray Asked if any of the other individuals who signed the petition had
talked with the applicant.
Ms. Nettles Answered that she only knew of the gentleman from 150 EI
Camino Real speaking with the applicant; the other neighbors
have not had a chance to do so.
Martin Rigby, one of Stated it had been six years since he stood before the Planning
the owners and Commission; it took at least a year of rigorous back and forth to
Director of Acorn come to an agreement with the City regarding the design of the
Naturalists building and the retail requirement for first-floor retail; the building
has won many national and local awards; business has
increased every year.
Complimented Secoy Architects on the beautiful work on the
Mustard Cafe in Old Towne Orange, pointing out that the first
floor is retail; and, suggested the proposed project would
probably not be approved in the Old Towne Circle area of
Orange.
Pointed out that ground floor parking is not conducive to
pedestrian-friendly environments in Old Town Tustin.
Indicated that he was told that not a single square foot would be
approved without the requirement of ground floor retail in that
section of EI Camino Real.
Minutes -Planning Commission 1-22-08 -Page 13
Mr. Rigby continued Suggested that on-street parking spaces would be 50 percent
deficient along EI Camino Real if this project were approved.
Thompson Asked for clarification of the parking arrangement for Acorn
Naturalists.
Mr. Rigby Replied that Acorn Naturalists was two or three parking spaces
short.
Thompson Asked if there was a place designated or calculated as the
spaces on the street.
Mr. Rigby Indicated their situation was different in that they added three
spots due to taking out a driveway.
9:13 p.m. The Public Hearing closed.
Thompson Thanked staff for the presentations and those who provided
public input; good detail was presented; there are elements he
likes about the project-the mixed use, the materials; he is,
however, concerned about the loss of parking and believes more
information is necessary in that regard; the proposal seems to be
more complementary to the modern architecture than to the
historic; as a resident, he was against the Prospect Village
development, but the architecture is amazing; he would like to
see more of that kind of historical complement; perhaps that is
something that could be worked out; it is difficult to say no to
three stories when a neighbor already has three stories; at the
same time, the small tea house building on the other side would
be negatively impacted; lack of retail was addressed in the
previous proposal this evening; he cannot support the project;
the project should be continued in order to address the items that
have been presented.
Kozak Thanked the applicant and architect; he supports mixed use and
also strongly supports the requirement for first floor retail; the
applicant's desire to live and work in Tustin in admirable; the
hope is to reach that goal; however, this may be a wonderful
building, but it does not fit into the historic architectural style of
Old Town Tustin; the retail use is very important; the parking
issues need to be addressed; the intensification of use on this
site is a concern; the size is overwhelming, particularly to the
former tea house building; the setbacks and articulation should
be reviewed to make this project work; all the elements of the
Mustard Cafe would be appropriate for Old Town Tustin.
Minutes -Planning Commission 1-22-08 -Page 14
Murray Thanked the applicant and architect for the proposal; it has merit
but he shares the concerns of his fellow Commissioners;
promoting the compatibility of mixed uses is very important in Old
Town and needs to be compatible with the existing surroundings,
be aesthetically pleasing, and fit well with the neighbors; there
needs to be a balance of historical integrity in that area
compatible with the general theme of what Old Town is all about;
historical preservation, parking, and the massing are issues that
need to be addressed; he would like the applicant to come back
with additional thoughts and design modifications, but he cannot
support the project as submitted.
Puckett Added his concern that the project is too big for the area; it is a
beautiful building but is inappropriate for this location; the Rigbys
went through a long process to get their building approved, but it
has turned out for the better and is a beautiful addition to Old
Town Tustin; it should be possible to reach a similar compromise
in this case; retail use needs some working out; further study is
necessary to see how it may be changed to fit the neighborhood.
It was moved by Thompson, seconded by Murray, to continue
the item and have staff and the applicant reconsider the retail
component, the parking inventory, the architecture, and the
massing. Motion carried 4-0.
Director Stated that, since this was a noticed Public Hearing, the
Commission should continue this item to a date certain.
Ms. Meyer Indicated she would like it continued to the next meeting.
Director Suggested that would not allow enough time; the second
meeting in February would be preferable to staff.
Commission Amended the motion to include the continuance to February 26,
2008.
None REGULAR BUSINESS
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE JANUARY 15,
2008, CITY COUNCIL MEETING.
Director Indicated there were no specific items to report from the City
Council meeting.
Minutes -Planning Commission 1-22-08 -Page 15
Director continued Noted that staff is planning future workshops relating to the
Building Permit and Business License procedures and will be
checking with the Commissioners to determine when those
should be scheduled.
COMMISSION CONCERNS
Thompson Requested that at a future meeting the Commission could get an
overview of the residential architectural guidelines in Old Town
Tustin to assist in understanding what type of action or request of
the City Council could be made for developing the commercial
guidelines in a similar venue.
Director Indicated that staff could report back on that issue.
Thompson Indicated he would be attending the Mayor's Inaugural Dinner
and looks forward to that event at the Tustin Golf Course and to
seeing everyone there.
Kozak Stated that he, too, would like to make a similar request to
Commissioner Thompson's for staff to bring information that
would assist the Commission in making a request or
recommendation to the City Council so that the issue could be
considered in the budget process.
Noted he is looking forward to the Groundbreaking for the new
Tustin Library on February 12, 2008.
Thanked the Recording Secretary for providing the Commission
with the City 2008 calendar.
Murray Commended staff for their continued hard work; the amount of
information, research, and documentation that is provided has
been very helpful in the Commission's decisions.
Noted that Commissioner Nielsen was being missed this evening
and suggested he take a look at the meeting upon his return.
Added that he is also looking forward to the Library Ground-
breaking and the Mayor's Inaugural Dinner.
Puckett Assured everyone that the Mayor's Inaugural Dinner will be quite
an event; those who were there last year may remember the
thorough roasting of Mayor Bone; there will be some
repercussions from that and Mayor Amante will receive his due;
the menu is always great, the entertainment is great-the
Minutes -Planning Commission 1-22-08 -Page 16
orchestra from Beckman High School; the event is sponsored by
the Tustin Community Foundation.
Thanked Linda Jennings again for the Carol Jordan book that
was presented to each of the Planning Commissioners at the last
meeting; he and his wife are enjoying the book very much and
intend to purchase copies as gifts.
Noted there was aribbon-cutting last week for The Cravery in
The District; he was not able to attend, but he did have lunch
there on Saturday; the concept came from South Africa and he
also observed it when he was in Australia-pot pies; this is a
great restaurant; he encouraged everyone to visit.
Stated the meeting should be adjourned in the memory of Dr.
Martin Luther King, whose birthday was observed yesterday.
Murray Added that he would like to also recognize George Stewart, a
very important member of the Tustin community.
In Memory Of
Dr. Martin Luther King
9:30 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Tuesday, February 12, 2008, at 7:00 p.m. in the
City Council Chamber at 300 Centennial Way
Chail~rson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 1-22-08 -Page 17
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
FEBRUARY 12, 2008
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Murray, Puckett, Thompson
Presented by: PRESENTATION
Chair Nielsen and
Linda Jennings, Tustin Garage, 1915, Tustin Historic Register Plaque
President,Tustin Beach Pit BBQ at Tustin Garage
Preservation Conservancy Tim DeCinces, Owner
560 EI Camino Real
Nielsen Stated that it was his great pleasure to present this plaque in
recognition of a Tustin landmark since 1915 and also the
excellent reuse of the facility with the Beach Pit BBQ; invited
the owner, Tim DeDinces, to the lectern and also invited
Linda Jennings and any member of the Tustin Historical
Society who might be in attendance to participate in the
presentation.
Added that he has visited the restaurant and can recommend
the food and atmosphere.
Thompson Indicated he and his family had also visited the restaurant
and would recommend the sliders.
Puckett Agreed with Commissioner Thompson's recommendation.
Murray Echoed the above comments and provided a menu as proof
of his visiting the restaurant.
Mr. DeCinces Stated that this was his first time attending a Planning
Commission meeting to receive an award; he and his staff
are very happy to be a part of the Tustin community; this
reuse was made possible by a number of people, including
the Planning staff, who shared his vision of this reuse of an
historical building.
Minutes -Planning Commission 2-12-08 -Page 1
None PUBLIC CONCERNS
Approved CONSENT CALENDAR
1. APPROVAL OF MINUTES -JANUARY 22, 2008,
PLANNING COMMISSION MEETING.
2. APPROVAL OF CERTIFICATE OF APPRO-
PRIATENESS REPORT REGARDING OLD TOWN
PROJECTS APPROVED BY THE COMMUNITY
DEVELOPMENT DEPARTMENT FROM DECEMBER
11, 2007, TO, FEBRUARY 12, 2008.
It was moved by Thompson, seconded by Puckett, to
approve the Consent Calendar. Motion carried 4-1. Nielsen
abstained.
PUBLIC HEARINGS
Adopted Resolution 3. CONDITIONAL USE PERMIT 07-021 AND DESIGN
No. 4082 REVIEW 07-021, A REQUEST TO ESTABLISH A
MAJOR WIRELESS TELECOMMUNICATIONS
FACILITY CONSISTING OF A STEALTH MONO-
PINE, SIX PANEL ANTENNAS, AND ASSOCIATED
EQUIPMENT LOCATED WITHIN A BLOCK WALL
ENCLOSURE TOWARDS THE REAR OF THE
PROPERTY IN AN LANDSCAPED AREA. THIS
PROJECT IS LOCATED AT 2441 MICHELLE DRIVE
IN THE IRVINE INDUSTRIAL COMPLEX PLANNED
COMMUNITY PLANNED COMMUNITY INDUSTRIAL
(PC-IND) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4082 approving Conditional Use Permit 07-021 and
Design Review 07-021.
7:07 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Thompson Asked for the height of the antenna at Joe's Garage.
Swiontek Stated that the antenna at 36 Auto Center Drive is 60 feet
high.
Minutes -Planning Commission 2-12-08 -Page 2
Thompson Asked if there is a requirement in the conditions that relates
to maintaining the existing landscaping.
Swiontek Read Condition 2.3 that addresses that issue.
Thompson Questioned whether there would be any loss of parking or
landscaping due to the screening.
Swiontek Answered there would be no loss of parking; the associated
equipment will be located behind the proposed block wall
enclosure that will be painted to match the existing building.
Murray Referred to the antenna located south of the proposed
antenna at the intersection of Michelle and Myford; and,
questioned whether the proximity would present any issues
or concerns.
Swiontek Responded that the Tustin Code requires a minimum of 100
feet between major wireless facilities; the facility at 2631
Michelle is in excess of the required distance.
Murray Stated his concern regarding Condition 1.10, a through d,
and the potential interference with the 800 MHz radio system.
Swiontek Answered that the applicant is required to perform apost-
installation test through the County's Sheriff-Coroner
Department; upon completion of that test, the Sheriffs office
will provide the City with a letter of approval.
Murray Asked whether the addition of this tower would contribute to
the drainage of power during electrical power outages.
Swiontek .Suggested that might be a question for the applicant.
Director Added, if upgrading of service were required, that would be
determined through the building plan check process.
Nielsen Asked for the actual height of the block wall.
Swiontek Replied that the height will be 7'/2 feet.
Nielsen Questioned whether there would be mitigation measures in
place for ongoing or future interference.
Director Indicated that, when the interference issue came up some
time ago, the carriers got together with local law enforcement
and the Orange County Sheriffs Department and created the
Minutes -Planning Commission 2-12-08 -Page 3
conditions that are now included; if applicants meet these
requirements, there are no issues because of the banding;
the telephone number is provided in the event certain carriers
have issues; the Sheriff's office closely monitors the
interference situations.
Nielsen Asked what the wattage output of this antenna will be.
Director Stated that would be a question for the applicant.
Nielsen Invited the applicant to the lectern.
Pete Shubin, representing Indicated the staff report has been reviewed and all the
Royal Street conditions of approval are acceptable as presented in the
Communications, the report.
applicant
Regarding the questions:
The carriers that have ongoing issues with
interference have frequency band widths around the
800 MHz range; Royal Street owns a license which is
between 1800-1900 MHz; there have been no known
interference problems, and this is monitored on a
case-by-case basis.
He was not prepared to answer the question of
specific wattage output of this site; this site and sites
like it throughout Orange County that have been
installed recently are operating at somewhat less than
5 percent of the allowable output, even with all the
radios turned to the maximum.
Murray Asked if Royal Street has other sites in close proximity to
Tustin or neighboring communities.
Mr. Shubin Answered that the Royal Street network is marketed under
Metro PCS, a network that was turned on in September for
commercial service in Southern California; it was turned on in
Los Angeles and is heading into south Orange County this
year; there are sites that have been approved and others are
under construction in near proximity, such as Santa Ana; to
his knowledge, the only ones in Tustin are approved and in
the plan check stage.
Thompson Referred to the attempt to contact Joe's Garage; and, asked
when a decision is made not to pursue an existing pole.
Minutes -Planning Commission 2-12-08 -Page 4
Mr. Shubin Stated there are two approaches:
With regard to the Joe's Garage property, Royal Street
was interested in looking at the existing Nextel facility
and also perhaps extending the parking lot lights on
the roof of the garage that would have minimal impact
and still meet the coverage needs; due to one of the
property owners decease and the property being in a
stage of upheaval, there was no one who could sign a
lease.
If that issue had not come up, Royal Street would not
have looked at that pole very long; an attachment to
the pole probably would not have been allowed; that
would have become a drop and swap, meaning tear it
down to build something else, creating a budget that
would not be financially feasible.
Puckett Commented that the camouflage is the best he has seen.
Mr. Shubin Responded that the director of Royal Street has the mindset
to do things right the first time rather than trying to fix
problems later.
Kozak Added that the applicant has done an excellent job creating a
stealth facility that is very attractive; and, asked if Joe's
Garage were to request co-location on the proposed site,
would the facility accommodate those antennas.
Mr. Shubin Replied that, since that structure is 60 feet tall, the antennas
would require the structure to be a little taller; as networks
mature over time, the heights will become lower; if that were
to be the case, a co-location would be acceptable; other
carriers would also be able to co-locate on this facility in the
lower branches.
7:30 p.m. The Public Hearing closed.
Commissioners It was the consensus of the Commission that this is a good
project and is welcome in Tustin.
It was moved by Murray, seconded by Kozak, to adopt
Resolution No. 4082. Motion carried 5-0.
REGULAR BUSINESS
Minutes - Planning Commission 2-12-08 -Page 5
Received report 4. PROJECT SUMMARY
The summary focuses on the status of projects that the
Planning Commission, Zoning Administrator, or
Community Development Director approved, major
improvement projects, and other items of interest.
Director Explained staffs purpose in providing the Summary of
Projects.
Thompson Asked if there is any way staff can calculate how far along the
overall project is at this point.
Director Stated that staff may be able to expand the monitoring report
for the Commission; the residential information is quite
detailed by developer; staff may be able to further identify the
Master Developer's square footages by neighborhoods; staff
will also be bringing the EIR/EIS monitoring report to the
Commission for recommendation to the City Council.
Puckett Suggested that it appears Vestar is approximately 85 percent
complete; there appear to be two or three pads yet to be
filled; is there information regarding what will be going in
there.
Director Indicated the Bistro West restaurant is currently under
construction; Marmalade will be coming in for permits in the
near future.
Kozak Thanked staff for the informative report; and, asked if the
Tustin Strata Center is the site on the corner where the old
house is located.
Director Answered in the affirmative.
Kozak Questioned whether the developer has met with staff and
developed an acceptable proposal granting the right-of-way.
Director Answered in the affirmative.
Kozak Commented that it is good to see that the Orange County
Rescue Mission is moving forward as an intervention for
homeless families, a very important resource.
Thompson Asked staff to characterize how the slow-down in the
economy relates to the Legacy.
Minutes -Planning Commission 2-12-08 -Page 6
Director Answered that developers will be requesting a modified
phasing plan, phasing in the same manner but perhaps the
phasing will be cut in halves or quarters because lenders are
requesting that phases be sold out before funding would be
allowed for the next phase.
Nielsen Questioned whether or not The Cottages might be delayed.
Director Indicated that the situation there is the same as everywhere
else in the industry.
Nielsen Asked about retail tenants for the live/work and restaurant
area at Prospect Village.
Director Replied there is not yet an approved tenant for the restaurant
space; the developer is anticipating being completed by the
end of next month.
Nielsen Asked for clarification and delineation between the duties of
the Planning Commission and the Zoning Administrator.
Director Suggested perhaps it would be useful to provide the Zoning
Administrator ordinance to the Commissioners.
Nielsen Replied that would be appreciated; and, asked about the
planned schedule for Tustin Ranch Road through to Edinger.
Lutz Stated it is his understanding that the completion is planned
for 2009-2010.
Nielsen Questioned what the phasing of the project would be,
whether the pass-through south of Walnut would be done first
or near The District.
Lutz Replied that City staff has been working with the City of Irvine
regarding the costing of the improvements; he is not sure of
the phasing plan but will get that information for the Planning
Commission.
Murray Asked if there is an expected completion date for Barranca as
it relates to Jamboree and The District.
Lutz Indicated he has little involvement with the Legacy; he can
ask Doug Anderson to provide answers in that regard.
Director Suggested that the information could be provided in a
memorandum format.
Minutes -Planning Commission 2-12-OS -Page 7
Murray Referred to earlier comments that the District is 85 percent
complete; and, asked if any additional traffic mitigation is in
place or planned for the interior traffic plan.
Director Responded that there have been on-site mitigation
improvements that can be provided to the Commission; staff
will provide that information in a monitoring format.
Puckett Stated he purchased his home March 1, 1975, in Peppertree
which Tustin Ranch Road from Walnut south will abut; there
was a time when people complained about that road going
through who are now pleased that the road will connect the
residents into the District.
Asked if the work is progressing on Cathy's Kids.
Director Indicated that permits were issued recently and progress
should be evident soon.
Puckett Asked if the Citrus Ranch Park is the park just north of the
golf course and would include the entire area.
Director Answered in the affirmative.
STAFF CONCERNS:
5. REPORT OF ACTIONS TAKEN AT THE FEBRUARY
5, 2008, CITY COUNCIL MEETING.
Director reported In the Director's absence, Dana Ogdon attended the
February 5"' meeting; any questions should be directed to
him.
Nielsen Mentioned that he attended the Council meeting; there was a
nice presentation regarding the schools planned for the
Legacy.
COMMISSION CONCERNS
Thompson Stated that he and his wife attended and enjoyed the Mayor's
Inaugural Dinner.
Offered his congratulations to Mayor Amante.
Attended with Mayor Amante the Coastal Commission
hearing as part of his role with the Orange County
Transportation Committee Citizens' Advisory Committee;
Minutes -Planning Commission 2-12-08 -Page 8
5,000 people were in attendance; he spent 14 hours there
and the meeting continued another five hours after he left; it
was sad to hear the TCA accused of immoral and wrongful
acts, causing him to be thankful for the professionalism that
exists in Tustin.
Stated he is looking forward to the ground-breaking
ceremony for the new Tustin Library next week.
Kozak Congratulated Mayor Amante for his efforts in establishing
the quiet zone along the railroad corridor at Red Hill which
should bring relief to the property owners and residents along
that right-of--way.
Thanked staff for the project status report; and, asked what is
happening at Tustin Royale.
Direction Indicated that interior rehabilitation is underway.
Kozak Stated that, when he visited the site for the wireless agenda
item, he noticed the vacant property that abuts Tustin Ranch
Road and the freeway; and, asked if staff had any information
regarding whether that will remain a blank, weed-covered
patch of land.
Director Asked for the specific location.
Kozak Reiterated the site is at Tustin Ranch Road and the freeway,
behind Toshiba.
Director Indicated that staff would investigate and report back to the
Commission.
Murray Asked if the property being referred to is off EI Camino Real
near Browning on the opposite side of the freeway.
Kozak Answered in the negative.
Murray Asked staff about the property on EI Camino near Browning
that is fenced, seems to have gone through various changes,
but remains an eyesore.
Director Responded that property is City-owned.
Murray Stated the Mayor's Inaugural dinner was outstanding; and,
offered his compliments to Mayor Amante and to Chair Pro
Tem Puckett for his participation in those ceremonies.
Minutes -Planning Commission 2-12-08 -Page 9
Murray continued Reminded everyone that the Miss Tustin event takes place
March 1, and the Street Fair and Chili Cook-off take place on
June 1.
Puckett Indicated it was good to have Chair Nielsen back; filling his
role on the Planning Commission is not an easy task.
Noted he is the President-Elect of the Tustin Community
Foundation which sponsored the Mayor's Inaugural dinner;
this event is becoming the social event of the year in Tustin
and a humbling process for the new mayor; he has not seen
the financial report but believes the event will provide several
thousand dollars back into other Tustin non-profit endeavors.
Stated he attended the quiet zone meeting at Tustin
Meadows; Mayor Amante did an excellent job; the people
seemed pleased with what was presented.
Reminded everyone that Valentine's Day is coming up; this is
an important day and should not be overlooked.
Nielsen Noted that today is the 199th birthday of Abraham Lincoln;
with Presidents Day coming up, it is important to remember
both presidents who are being remembered.
Asked staff about plans for future tours for the Planning
Commission.
Director Responded that early darkness hinders the purpose; if the
Commissioners could be available at 4:00, staff could
arrange another tour.
Nielsen Requested that staff provide information regarding the areas
previously discussed and the timeframe necessary.
Stated he has been approached by various residents
regarding building permit issuance; and, asked whether or
not staff has any type of feedback information for customers
to provide back to the City.
Director Answered that feedback is not requested for each building
permit; a form is provided upon approval of discretionary
actions; perhaps something similar could be developed for
permits.
Nielsen Indicated he would be interested in seeing something like that
implemented.
Minutes -Planning Commission 2-12-08 -Page 10
Nielsen continued Noted he also attended the Mayor's Inaugural gala; it was a
very good time with great food and people.
8:00 p.m. ADJOURNMENT:
Murray Suggested the meeting should be dedicated to the
Commissioners' Valentines for giving them the time to spend
at public meetings; all the Commissioners concurred with that
suggestion.
The next regular meeting of the Planning Commission is
scheduled for Tuesday, February 26, 2008, at 7:00 p.m. in
the City Council Chamber at 300 Centen i I Way.
n
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 2-12-08 -Page 11
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
FEBRUARY 26, 2008
7:01 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Nielsen
Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present: Elizabeth Binsack, Community Development Director
Christine Shingleton, Assistant City Manager
Doug Holland, City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Alice Tieu, Associate Planner
Eloise Harris, Recording Secretary
Michael Garner, PRESENTATION
Vestar Development,
delivered a PowerPoint show Mr. Garner indicated that The District is 99 percent finished
highlighting various aspects and 95 percent occupied.
of The District at Tustin
Legacy
Nielsen Thanked Vestar for this wonderful development which has
turned out better than anticipated.
Murray Added his compliments regarding the mitigation measures
that have been implemented related to the traffic situation,
which was the only concern he has heard about from
visitors to The District; and, asked if the PowerPoint show
is on The District at Tustin Legacy website.
Mr. Garner Answered in the affirmative.
Minutes - Planning Commission February 26, 2008 -Page 1
Murray Echoed Chair Nielsen's comments regarding this
development, adding that the new points of ingress/egress
should help to alleviate the traffic problems.
Mr. Garner Stated the development was truly a partnership between
Vestar/Kimco and the City of Tustin; without the staff, City
Council, and Planning Commission, none of this would
have been possible.
Thanked everyone involved for being a pleasure to work
with in bringing this vision to fruition.
Nielsen Asked how the smaller retailers in the Lifestyle area are
doing.
Mr. Garner Indicated that so far things are a bit slower than originally
hoped; the theaters have not been doing the business that
was expected, but the numbers seem to be improving and
should get better during the summer movie season;
creating awareness of the project in the community is a
challenge since there are many choices in Orange County;
it is the owner/developer/manager's jab to reach out to the
community.
Puckett Asked if there is an opening date for In-N-Out Burger.
Mr. Garner Answered that date should be April 11, 2008.
Kozak Thanked Mr. Garner for his presentation; the unique mix of
restaurants is very welcome in Tustin; the directional signs
on-site seem to be helping the traffic flow.
Mr. Garner Indicated that the intention is always to make The District a
better experience for everyone.
Nielsen Added that the quick response to the traffic congestion
was very helpful.
Kozak Stated the Commission will look forward to future updates.
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -FEBRUARY 12, 2008,
PLANNING COMMISSION MEETING.
Minutes -Planning Gommission February 26, 2008 -Page 2
Gommissioner Thompson
requested the item be pulled
for discussion; Commission
requested that staff make
modifications and bring back
to the Planning Commission
2. MCAS TUSTIN MITIGATION MONITORING AND
REPORTING PROGRAM
The annual review and program memorandum
provides the following:
a. A general description of the project's status,
including actual or projected completion
dates, if known.
b. The current status for each mitigation
measure.
Received and filed
It was moved by Thompson, seconded by Puckett to pull
Item 2 for discussion. Motion carried 5-0.
It was moved by Murray, seconded by Puckett, to approve
Items 1 and 3 of the Consent Calendar. Motion carried 5-
Q.
3. STATUS OF LEGACY PROJECTS
Information the Planning Commission requested
regarding Tustin Ranch Road through the Legacy
and the Barranca Parkway improvements.
RECOMMENDATION:
Receive and file this report.
Thompson
Stated he had the following questions for staff regarding
Item No. 2 of the Consent Calendar:
• Should Tustin Ranch Road be an infrastructure
project?
• If a project has been completed, could it be shaded
to allow for quicker reference?
• Is there afollow-up item for the Bike Trail?
• What is the next step for Hangar 29?
• Is T/C-6 referencing a table other than Table 5?
• Could clarification be provided regarding the Table
3-3 trip budget information?
Minutes -Planning Commission February 26, 2008 -Page 3
Nielsen Indicated he would like to know if there is a map showing
current and future bike trails; and, asked if there were staff
responses to Commissioner Thompson's questions.
Director Replied that staff could reply to some of the questions
now; the infrastructure questions will need to go to Doug
Anderson (who was unable to attend this evening); he is
more closely involved with trip budget issues.
Nielsen Asked for responses that would perhaps not take up toa
much time and others could be brought back later.
Director Indicated that the shading could be provided; this is the
second monitoring report prepared to report the major
milestones regarding the MCAS Tustin EIS/EIR; the bike
trail map can be found in the EIS/EIR document which is
provided to all Planning Commissioners when they are
appointed; staff can separate the map out and provide it to
the Commission as a separate document if so requested;
a copy of the Master Plan of Bikeways can also be
provided if desired.
Nielsen Responded that those two items would be appreciated.
Director Stated that it might be best to bring responses to the other
questions back to the Commission.
Nielsen Asked if the County of Orange multi-treatment campus is
replacing a facility or is something new.
Director Stated that is a new facility.
Nielsen Asked if there is an update from the County regarding the
northern hangar.
Director Requested that staff be allowed to bring back a report to
the Commission.
It was moved by Puckett, seconded by Kozak, to receive
and file the report. Motion carried 5-0.
PUBLIC HEARINGS:
Adopted Resolution Nos. 4. ZONE CHANGE 08-001 -AMENDMENTS TO THE
4083 and 4084 PROSPECT VILLAGE PLANNED COMMUNITY
DISTRICT REGULATIONS - TO ALLOW
Minutes -Planning Commission February 26, 2008 -Page 4
COMMERCIAL SERVICE AND PROFESSIONAL
OFFICE USES IN A MAXIMUM OF THREE (3) OF
THE SIX (6) LIVE-WORK UNITS FACING
PROSPECT AVENUE AND TO CLARIFY HOW
OWNERS OF RESTRICTED UNITS MAY BE
PERMITTED TO LEASE THE GROUND FLOOR
PORTION OF THE RESTRICTED UNITS. OTHER
VERY MINOR AMENDMENTS ARE ALSO
PROPOSED. THIS PROJECT IS LOCATED IN
THE PLANNED COMMUNITY 9PC) ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission:
a. Adopt Resolution No. 4083 recommending that
the City Council adopt findings that Zone
Change 08-001 and the Second Amendment to
the Disposition and Development Agreement
by and between the Tustin Community
Redevelopment Agency and Prospect Village
LP are within the scope of the previously
approved Prospect Village Final Environmental
Impact Report.
b. Adopt Resolution No. 4084 recommending that
the City Council approve Ordinance No. 1351
adapting amendments to the Prospect Village
Planned Community District Regulations (Zone
Change 08-001), attached to the draft ordinance
as Exhibit 1.
Thompson Indicated that he would recuse himself from this item since
he has a conflict of interest; he and his wife own a property
that is within 300 feet of the subject property.
Commissioner Thompson
Chamber.
7:32 p.m.
Reekstin
Puckett
The Public Hearing opened.
Presented the staff report.
was excused from the
Indicated it is goad to see this great-looking project moving
along; and, asked if there is a projected occupancy date.
Minutes -Planning Commission February 26, 2008 -Page 5
Reekstin Responded that the developer expects completion by mid-
March; occupancy dates are unknown at this time.
Kozak Asked for clarification whether the relaxation that is being
proposed for these three units would only involve the
live/work units on Prospect Avenue and not the
commercial portion along Main Street.
Reekstin Answered in the affirmative.
Kozak Asked if this is an adjustment to the changes in the
commercial/retail service market place and the types of
businesses going in.
Reekstin Indicated that this allows the developer some flexibility in
selling those units, perhaps in reaction to the interest the
developer has received regarding purchasing the units.
Murray Asked if the minor changes referred to in the staff report
were referencing utilities, service systems, recreation, and
public services.
Reekstin Responded that the minor changes he referred to were in
the Planned Community District Regulations, shown in
cross-out and underline.
Nielsen Referred to the recent projects and the ground floor retail
aspect desired for Old Town; and, asked if this relaxation
would impact that intention.
Director Replied that the commercial building that fronts onto Main
Street will have the retail requirement on the ground floor;
this adjustment would pertain to the ground floor for the
units facing onto Prospect Avenue.
Nielsen Indicated that his was more a philosophical question
related to maintaining more of a retail presence in that
area.
Director Noted that when the Commission made the
recommendation to the City Council in 2006 to study the
entire area, the ground floor restriction for many of the
ancillary streets was removed.
Nielsen Invited anyone who wished to speak on this item to come
forward; no one did.
Minutes -Planning Commission February 26, 2008 -Page 6
7:43 p.m.
The Public Hearing closed.
Commission It was the consensus of the Commissioners that this is a
beautiful project and a welcome addition to Old Town; the
relaxation being confined to only three units seems
reasonable.
It was moved by Murray, seconded by Kozak, to adopt
Resolution Nos. 4083 and 4084. Motion carried 4-0.
Thompson
Returned to the dais.
Adopted Resolution No. 5. CONTINUATION OF CONDITIONAL USE PERMIT
4080, with one minor 07-014 AND DESIGN REVIEW 07-015 TO
modification CONSTRUCT A 7,650 SQUARE FOOT MIXED
USE DEVELOPMENT (OFFICE AND
RESIDENTIAL) LOCATED AT 170 EL CAMINO
REAL IN THE CENTRAL COMMERCIAL (C-2),
WITH COMBINING PARKING (P) AND
CULTURAL RESOURCES (CR) OVERLAY
DISTRICTS.
RECOMMENDATION:
That the Planning Commission adopt resolution No.
4080 recommending that the City Council approve
Design Review 07-015 and Conditional Use Permit
07-014.
7:45 p.m. The Public Hearing opened.
Tieu Presented the staff report.
Kozak Asked if the recommendation to the City Council to
approve the design review would include the commentary
regarding the embellishments on the building.
Tieu Answered in the affirmative.
Nielsen Asked if there are specifics regarding those
embellishments.
Director Indicated that would be at the pleasure of the Planning
Commission; the applicant's architect did a rather quick
turnaround to present the architecture before the
Commission this evening and tried to address the
Minutes -Planning Commission February 26, 2008 -Page 7
comments and concerns that were presented by the
Planning Commission; staff has additional concerns
regarding the elevations and overall treatments; these
concerns were included in the conditions of approval; the
applicant and architect would like to present their slide
show for the Commission; staff will take direction from the
Commission.
Thompson Asked, regarding the parking study, what the threshold
might be for the saturation point in Old Town Tustin.
Director Responded that the Old Town Parking Study that was
commissioned by the City Council will be provided to the
Planning Commission in the future; at this time, those
recommendations identify there are no parking issues
except for certain peak demand times.
Thompson Referred to the recommendation to increase the retail
space to 400 feet; stated this is a good suggestion; and,
asked what the square footage was on the slide that was
shown in the presentation.
Tieu Indicated that was the 196 square foot area.
Thompson Asked from where the additional square footage would
come.
Tieu Replied that the space could be expanded into the lobby
area; the applicant will need to decide that.
Puckett Asked if doubling the retail space will require the loss of
one parking space.
Director Answered that the loss may be one space and the need
for an additional two in-lieu spaces; that will depend upon
how the site plan is modified; a condition has been
included that takes that into consideration.
Puckett Suggested that the parking space issue is not a major
problem.
Director Stated that depends upon how the in-lieu number is
determined.
Paula Meyer, applicant Reiterated that she and the architect will be happy to work
with staff in fulfilling the additional requirements for retail
Minutes -Planning Commission February 26, 2008 -Page 8
and the architectural components; her plan is to live and
work in the building which should help the overall parking
impacts.
Susan Secoy, architect Indicated her PowerPoint presentation would be similar to
the one shown at the earlier Planning Commission
meeting but exemplifying the changes in the architecture.
Thompson Thanked the architect for the quick turnaround and being
responsive to the issues that were raised; and, asked
where the HVAC equipment would be located.
Ms. Secoy Responded that there is an area below the stair and the
elevator area.
Thompson Referred to the architecture; and, asked the architect to
describe the way the residence sets atop the first floor.
Ms. Secoy Indicated that would be accomplished with the difference in
the brick and the fact that the residence is pulled back to a
point where it will not be easily seen from the street; this
design goes back to the Renaissance where there were
different levels of structures; it is her job to make the forms
blend into the area.
Kozak Thanked the applicant and architect for the rapid and very
responsive turnaround on this item; noted he is excited
about the changes; and, asked the architect if the roof is
designed to reduce the appearance and/or massing of the
residential unit.
Ms. Secoy Answered in the affirmative.
Kozak Asked how the fascia on that roofline would be
approached.
Ms. Secoy Replied that the trim will be a metal product with an oil-
rubbed bronze finish.
Kozak Asked if it might be possible to reduce the horizontal
opening into the parking area; and if the windows could be
separated or if the spacing represented in the rendering is
required.
Ms. Secoy Indicated she could potentially shift the storefront glass to
the north but must be five feet away from the property line
Minutes -Planning Commission February 26, 2008 -Page 9
for fire protection; there is a minimum width for the drive
aisle of 25 feet.
Kozak Stated he was referring to the perimeter windows on the
lower portion and the residential unit, not trying to mimic
anything but to integrate some of the more traditional
elements to be found in Old Town; referred to the
horizontal pop-outs on the Robie House which could be
added across the top of the building and around the
opening to the entrance of the parking structure; and,
asked if the windows could have individual brown sills
rather than a band across.
Noted the conditions of approval architectural section
includes light fixtures and other changes to the south and
east elevations.
Indicated he supported the increased retail space and
waiving of the in-lieu fees.
Nielsen Agreed with Commissioner Kozak's comments; this is a
challenging site; with the additions mentioned by
Commissioner Kozak, the building would look less
institutional.
Murray Complimented the architect on the nice changes made in a
timely manner; a softening of the design would be more
harmonious with the area; the opening into the parking
area is still a concern.
Ms. Secoy Stated that she and the applicant had discussed the
possibility of a gate; and, asked if that might meet with staff
approval.
Director Replied that gates are discouraged for a variety of
reasons; staff looked at the gate issue and would like an
opportunity to discuss it with OCFA and the Public Works
Department; if there is a possibility to narrow the opening,
there might be an architectural benefit.
Murray Commented that it is very important to increase the retail
element to at least 400 square feet.
Puckett Indicated the architect has done a good job turning this
around; the east elevation is especially well done; the
more the structure is designed to took like the building in
Minutes -Planning Commission February 26, 2008 -Page 10
Orange, the better; 400 square feet of retail would be
desirable and acceptable; some colored brick would
improve the appearance of the north elevation.
Nielsen Stated that he understands that 400 square feet of retail
will be a challenge, but 196 square feet would not allow for
any successful business; eliminating in-lieu fees should be
encouraged.
Brad Fisher, 150 EI Camino Reiterated the concerns that he expressed at the previous
Real Planning Commission meeting.
Leonard Nettles, 180 EI Provided highlights from the "Visions of Old Town" booklet;
Camino Real and, restated the concerns he expressed at the previous
meeting.
Martin Rigby, Acorn Restated the issues he brought before the Planning
Naturalists Commission at the January 22, 2008, meeting.
Ms. Meyer Indicated she and her architect have removed elements
that were referred to as unacceptable to the neighbors and
will continue to work with staff and the neighbors to bring a
beautiful structure to Old Town.
8: 49 p.m.
The Public Hearing closed.
Nielsen Following discussion among the Commissioners, Chair
Nielsen enumerated the following refinements for
consideration by the staff and the applicant:
• More articulation on the front face
• Narrowing the driveway
• Move trash enclosure, if possible
• Soften the massing on the north elevation with other
historical materials
• Minimum of 400 square feet of retail
• Adjustments to the rooflines between the residential
and offices, if possible
• Window and door treatments on the east elevation
similar to the Helm building, the horizontal and
vertical treatments around the opening and pop-
outs at the top of the building to add depth.
Director Noted that staff included Condition 4.6 which relates to
various embellishments to all four sides and Condition 4.3
refers to lighting fixtures; issues such as the trash
Minutes -Planning Commission February 26, 2008 -Page 11
enclosure have been looked at closely and there are not
many options.
Kozak Suggested that Condition 4.6 could be modified to remove
"south and east" and insert "building" elevations.
It was moved by Murray, seconded by Thompson, to adopt
Resolution No. 4080, as modified. Motion carried 5-0.
REGULAR BUSINESS:
Received and filed 6. ZONING ADMINISTRATOR UPDATE
Information the Planning Commission requested
related to the duties and function of the Zoning
Administrator.
RECOMMENDATION:
Receive and file this report.
It was moved by Puckett, seconded by Kozak, to receive
and file the report. Motion carried 5-0.
Received and filed 7. AREA TOURS
Next tour scheduled: The purpose of the tours is to provide the Planning
4:00 p.m., March 11, 2008; Commission with an overview of various areas of
meet in front of the the City from a community development
Community Center perspective. The next tour could be scheduled fpr
March 11, 2008, beginning at 4:00 p.m.
STAFF CONCERNS
8. REPORT OF ACTIONS TAKEN AT THE
FEBRUARY 19, 2008, CITY COUNCIL MEETING.
Director Reported on one item on the Council Agenda, the Old
Town Parking Study; City staff will be transmitting that
document to the Planning Commission as an information
item; in the coming months, a presentation will be provided
for the Planning Commission; the City Council took the
Study under advisement and directed staff to follow up on
some of the actions that were included in the Study; some
of those actions would involve zoning ordinance
amendments, modifications to staff-implemented actions,
etc.
Minutes -Planning Commission February 26, 2008 -Page 12
COMMISSION CONCERNS
Thompson Stated that he attended the Library groundbreaking, anew
milestone in Tustin's progress.
Indicated he attended an OCBC luncheon that hosted the
U.S. Secretary of Transportation, Mary Peters; the focus
was on the innovation of transportation projects and
partnerships.
Added that he attended the American Society of Civil
Engineers Recognition Awards and could not help but
think that perhaps Tustin has unique aspects that could be
deserving of a future award.
Asked for an update on the status of the Old Town
Commercial Guidelines process.
Director Responded that there was no allowance in the current
budget for such a study; this may have to be allotted in the
next City budget if the Council is in accord.
Thompson Suggested that perhaps something could be prepared to
allow the Commission to consider various options that
might equip the Commission better in reviewing
applications and making a recommendation to the Council.
Director Asked for clarification regarding the options Commissioner
was referring to.
Thompson Answered that he was referring to something similar to the
Residential Guidelines or something similar to the RUDAT
study; through a collection of donated time from
professionals in the area, this might be feasible and would
create less stress on the budget.
Nielsen Suggested that perhaps Commissioner Thompson was
requesting guidelines to formulate parameters.
Thompson Replied in the affirmative; and, requested that staff come
back with potential possibilities and costs associated so
that the Planning Commission could sensitively make a
recommendation.
Director Indicated that staff would follow up on that suggestion.
Minutes -Planning Commission February 26, 2008 -Page 13
Nielsen Suggested that perhaps a workshop could be planned with
interested parties to create some parameters.
Kozak Thanked staff for the Mitigation Monitoring Report and the
hard work involved in this evening's agenda.
Noted that he also attended the Library groundbreaking, a
true example of a community partnership from a financing
standpoint; not one penny of debt is attached to this
project.
Congratulated Chair Nielsen on his appointment to the Boy
Scouts District Council for Tustin, North Tustin, Orange,
and Anaheim Hills.
Murray Indicated he was unable to attend the Library ground-
breaking but is very happy to see that project move
forward.
Stated he was a guest at the Tustin Ranch PTA and was
impressed with the fantastic work being done; recently the
school was selected as one of 46 schools nationwide to
win a $2,000 award for aTake-Your-Family-to-School
grant.
Reminded everyone that the Easter Egg Hunt takes place
March 22 at Tustin Sports Park.
Commended the Tustin Police Department and Code
Enforcement staff on the Tustin Against Graffiti program;
and, offered accolades to Lt. Charlie Selano and everyone
else working on this program.
Puckett Stated that he attended the Library groundbreaking; this is
a tremendous event and historic time in the City's history,
seeing such a project coming to fruition; and, indicated he
was honored to represent the Tustin Community
Foundation in presenting a check to the City.
Noted that Chair Nielsen gave a wonderful presentation
regarding the McCharles House at the last City Council
meeting.
Reported that, as a member of the Community
Foundation, he also sat on the meeting panel for the
allocation of the Community Development Block Grant
Minutes -Planning Commission February 26, 2008 -Page 14
funds; approximately $120,000 were allocated with special
emphasis on Tustin youth, perhaps a means to avoid
future graffiti expense.
Asked staff for a report regarding the SunCal default on
the Tustin properties and how dire the situation may be.
Reminded everyone that the Community Foundation
sponsors a Pancake Breakfast in association with the Egg
Hunt on March 22.
Noted that Bob Stiens, on behalf of the Tustin Community
Foundation, spoke at the Council meeting about accepting
applications on March 1St for grants that will be awarded in
May.
Nielsen Stated he attended the Library groundbreaking; it is very
nice to see the project moving forward after many years of
planning and effort on the part of lots of people.
Stated he attended his first OCTA Citizens Advisory
Committee meeting, chaired by Jeff Thompson, who was
kind enough to guide Chair Nielsen through the meeting
which was very enlightening.
Offered congratulations to the McCharles House, the
recipient of this historic recognition that was well-deserved;
he was honored to be asked to make that presentation;
anyone who hasn't visited the restaurant recently should
do so; the improvements are very impressive.
9:30 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Tuesday, March 20 8, at 7:00 p.m. in
the City Council Cha ber at 0 C ter ial Way.
JohWVielsen
Chairperson
Izabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission February 26, 2008 -Page 15
SPECIAL MEETING
TOUR OF SOUTHWEST TUSTIN
4:00 P.M. - 6:00 P.M.
LEFT CITY HALL AT 4:20 P.M.
TOUR DESTINATIONS:*
14071 Newport Avenue, Retail Center, 4:15 p.m.
14552 Newport Avenue, Arbor Walk, 4:45 p.m.
14772 Newport Avenue, Family/Youth Center, 5:15 p.m.
1400 Mitchell Avenue, Frontier Park, 5:45 p.m.
*Arrival/Departure times are approximate.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MARCH 11, 2008
7:02 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Commissioners Puckett and 1. SEATING OF COMMISSIONERS PUCKETT AND
Thompson sworn in by THOMPSON.
Mayor Jerry Amante
7:05 p.m. Due to technical difficulties, a brief recess was called.
7:10 p.m. Audio was restored, and the meeting was reconvened.
ROLL CALL:
Present: Chair Nielsen
Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Eloise Harris, Recording Secretary
Minutes -Planning Commission March 11, 2008 -Page 1
None PUBLIC CONCERNS
CONSENT CALENDAR
Commissioner Thompson 2. APPROVAL OF MINUTES -FEBRUARY 28, 2008,
asked that the item be PLANNING COMMISSION MEETING.
pulled; approved, with one
minor modification
Commissioner Nielsen 3. 2008 GENERAL PLAN ANNUAL REPORT.
asked that the item be
pulled for discussion; California State Law requires each city to adopt a
authorized staff to forward to comprehensive, long-term general plan for its
City Council for consideration physical development and any land outside its
boundaries which bears a relationship to its
planning activities. Section 65400(b) of the
Government Code requires that the City's planning
agency provide an annual report to the City Council
on the status of the General Plan and progress in its
implementation.
RECOMMENDATION:
That the Planning Commission review and authorize
staff to forward the Annual Report on the Status of
the Tustin General Plan to the City Council for
consideration.
It was moved by Murray, seconded by Kozak, to pull both
items for discussion. Motion carried 5-0.
Thompson Asked that a correction be made on page 11 to remove the
language "soften the .massing on the north elevations" to
"other historical materials."
It was moved by Thompson, seconded by Puckett, to
approve the minutes of February 26, 2008, with that
modification. Motion carried 5-0.
Nielsen Asked if other members of the Commission had any
questions.
Thompson Requested an explanation of the Regional Housing
significance to the City and the objectives that were met;
and, asked what might happen if there is a gap and the
goals are not achieved.
i
i
Minutes -Planning Commission March 11, 2008 -Page 2
Willkom Stated there was a revised table provided to the
Commission that shows the correct total of units that have
been constructed as of December 31, 2007; the Regional
Housing Needs (RHNA) assessment is the number
assigned by the Southern California Association of
Governments (SCAG) to the City; those numbers are
goals that the City would need to achieve; Table 2
describes what has been constructed and also the units
that have been entitled; comparing the two tables, there
are other units at the Legacy that have not been included;
for example, the 192 units at the Village of Hope are
nearing completion but not yet considered complete and
were not included in the report; the same would apply to
the grange County Social Services Agency; 90 beds have
been approved for abused and neglected children, but that
number cannot yet be reflected; there are units required of
the Tustin Legacy Community Partners which are not
reflected; the City actually has proposed more units than
are required.
Thompson Noted that Table 3 represents incredible progress.
Kozak Questioned whether or not a footnote could be added
regarding the units that are nearing completion but not
included in the table.
Willkom
Answered in the affirmative.
Nielsen Referred to Goal 3, Congestion Management Program;
and, asked if staff could provide any specific data
regarding the time period.
Willkom Answered in the affirmative.
Nielsen Asked if Public Works monitors that program.
Willkom Answered in the affirmative.
Nielsen Queried whether or not that monitoring is in conjunction
with other agencies.
Willkom Responded that staff can provide further information.
Nielsen Referred to Goal 4 regarding traffic signal coordination;
and, asked if that aspect has been completed.
Willkom Replied that staff will need to bring a status report back to
the Commission.
Minutes -Planning Commission March 11, 2008 -Page 3
Nielsen Referred to Goal 12 regarding the CLG; and, asked for
verification that City is in compliance.
Reekstin Responded that the City is still a CLB; no official change
has taken place; there has been no feedback from the
state.
It was moved by Puckett, seconded by Thompson, to
receive and file the report and to forward the report to the
City Council. Motion carried 5-0.
PUBLIC HEARINGS:
Adopted Resolution No. 4. CONDITIONAL- USE PERMIT 07-024
4085 REQUESTING AUTHORIZATION TO ESTABLISH
A MASTER 51GN PLAN FOR THE TUSTIN
FINANCIAL CENTER. THIS PROJECT IS
LOCATED AT 17772, 27782, 17822, 17$52, AND
17862 EAST 17TH STREET IN THE PLANNED
COMMUNITY BUSINESS PARK ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution
No. 4085 approving Conditional Use Permit 07-024.
7:32 p.m. The Public Hearing opened.
Ogdon Presented the staff report.
Murray Asked for clarification regarding past deviations for similar
projects.
Ogdon Referred to the Market Place and Legacy as developments
that requested master sign programs.
Thompson Asked if the signs are to be illuminated.
Ogdon Suggested that would be a question for the applicant.
Thompson Asked if temporary "For Lease" signs are covered by this
program or would be a separate category.
Ogdon Indicated temporary signs are a different category.
Thompson Asked if there are signs that will be removed and replaced
by the proposed signs.
Minutes -Planning Commission March 11, 2008 -Page 4
Ogdon Responded that the site has many signs that will be
replaced.
Thompson Asked if the signs would include contrasting colors from
the existing signs.
Ogdon Answered that the signs will be shades of grey and white,
identical to the existing buildings.
Thompson Asked if 17th Street has any specific plan similar to First
Street.
Ogdon Responded that the reference to a master sign program
and a specific plan would be more related to larger
developments such as Vestar and unifying the signs to the
architecture of the site; when there are many property
owners along a street, it is difficult to reach agreement on a
sign program for the entire street.
Thompson Suggested that there is no unifying sign program for First
Street.
Ogdon Answered in the affirmative; added that the Master Sign
Plan Cade indicates that a single development project
must be at least 30,000 square feet of building and at least
one acre project size; and, noted that any new
developments fitting that criteria would be required to have
a sign program.
Nielsen Asked if the landscaping shown in the renderings would be
included as part of the project.
Ogdon Replied that the sign program is separate from the
development plan for the site and landscaping is not a part
of the application.
Nielsen Stated the easternmost entryway from 17"' Street into the
financial center has a monument sign on the northwest
corner of the entryway; and, indicated that there seemed to
be line-of--sight materials for other signs but not that
particular sign, which seems to be the one that would
create the most problems.
Director Stated that pages and 11 and 12 of the exhibit show the
line-of-sight.
Minutes -Planning Commission March 11, 2008 -Page 5
Ogdon Noted that the exhibit shows line-of-sight; however, prior to
issuance of building permits, staff would make sure that
requirement is met.
Nielsen Asked if it would be a requirement that the minimum be
met.
Director Stated that would specifically be required at the time of
issuing a building permit.
Nielsen Invited the applicant to the lectern.
Garrick Batt, Sign Stated he was available to answer any questions the
Specialist Corporation Commission might have.
Thompson Requested that Mr. Batt respond to the illumination
question posed earlier.
Mr. Batt Replied that the two property identification monuments will
have illuminated letters; the sign itself will not be
illuminated; the three monuments for tenant advising are
not illuminated in any way; canopy signs will be placed
over the northern door to each of the buildings which will
be illuminated downward but will not project light forward
on onto the street or surrounding area.
Murray Asked for elaboration regarding the type of lighting.
Mr. Batt Replied that the lighting is known as neon channel
lettering; the lettering has tubes of neon behind; the glow
of the neon is projected on the background surrounding
the letters; what will be seen at night is a nice halo effect
around the letters.
Puckett Suggested that the neon is protected.
Mr. Batt Responded in the affirmative.
Director Added that the general requirements prohibit exposed
lamps of any kind, and specifically exposed neon.
7:50 p.m. The Public Hearing closed.
Commission It was the consensus of the Commission that this is a fitting
project for the Meredith Financial Center.
It was moved by Murray, seconded by Kozak, to adopt
Resolution Na. 4085.
Minutes -Planning Commission March 11, 2008 -Page 6
REGULAR BUSINESS:
Received and filed the report 5. FOLLOW-UP DISCUSSION; TOUR OF
and provided direction to SOUTHWEST TUSTIN.
staff
The discussion 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.
Commission It was the consensus of the Commission that the tour was
very informative, and they look forward to the next one.
Director Indicated that staff would like to schedule workshops prior
to the March 25, 2008, Planning Commission meeting,
beginning at 5:30 p.m., rather than schedule another tour
for that date. A Business License workshop would be
scheduled at 5:30 p.m. and a Building Code Update and
Issues workshop at 6:00 p.m.
Commission Indicated that workshops beginning at 5:30 would be
acceptable.
STAFF CONCERNS
8. REPORT OF ACTIONS TAKEN AT THE MARCH
4, 2008, CITY COUNCIL MEETING.
Director reported The Prospect Village amendment to the planned
community, upon recommendation of the Planning
Commission, was approved; the second reading will take
place at the March 18, 2008, City Council meeting.
The appeal of the Planning Commission's denial of the
project at 740 EI Camino Real was continued to the March
18, 2008, City Council meeting.
The project at 170 EI Camino Real was approved; the
resolution was amended, and adopted, to include the five
recommendations from the Planning Commission related
to the architecture on that project; the City Council
appreciated the Commission's hard work on the project;
the applicant and architect have already met with staff and
have begun developing revised plans.
Minutes -Planning Commission March 11, 2008 -Page 7
Director continued A letter was prepared and signed by the Mayor relating to
the City's concerns regarding the proposed amendments ,
to the Airport Environs Land Use Plan.
The Director congratulated the two reappointed members
of the Planning Commission.
COMMISSION CONCERNS
Thompson Stated his appreciation and thanks for being reappointed
to the Planning Commission.
Asked if staff could schedule an overview of the goals and
guidelines of the Old Town Parking Study to help the
Commissioners understand the study in context with the
various applications the Planning Commission will be
reviewing.
Indicated that he was traveling through Old Towne Orange
over the weekend; there were large banners across some
of the main streets advertising an on-the-house permit
program; this appears to be some sort of incentive
program; perhaps this is something the City of Tustin could
explore regarding improvements to Old Town Tustin.
Thanked staff for the memorandum responding to the
Commission's questions regarding the Mitigation
Monitoring Report; he looks forward to further clarifications
from Public Works.
Thanked staff for the tour of Southwest Tustin and the
insights into the development of that area.
Kozak Congratulated Chair Pro Tem Puckett and Commissioner
Thompson on their reappointments to the Commission.
Thanked staff for the opportunity to attend the California
Preservation Federation workshop at Cal Poly last Friday;
it was held on the Lyle Center for Regenerative Studies
which is itself an interesting location in view of the projects
and studies that are underway by the faculty and students;
the primary topic of the workshop had to do with
preserving modern monuments; it was very informative in
terms of classification of different styles of development by
area and period and the contribution development has
made to the history of the different communities; Survey
LA was there, along with Pasadena and Palm Springs; Los
Angeles has 880,000 individual parcels in the city, 463
Minutes -Planning Commission March 11, 2008 -Page 8
square miles, and every parcel will be reviewed, analyzed,
and cataloged; a disc of all the presentations was provided
and can be shared with staff and the members of the
Commission, in interested.
Thanked staff for the agenda items this evening; and,
apologized for being unable to make the tour.
Referred to page 90 of the Old Town Parking Study
regarding the Action Plan; and, asked what action has
been taken.
Director Answered that staff can bring that information back to the
Commission.
Kozak Asked for information regarding the SunCal properties in
Tustin.
Director Indicated that staff will be preparing a memorandum
highlighting the facts related to the two properties, the
entitlements, and the status of those properties; SunCal
no longer has an interest in either property; a court-
appointed trustee is acting as the asset manager.
Murray Congratulated Chair Pro Tem Puckett and Commissioner
Thompson.
Thanked staff for the tour, a great job by everyone.
Offered special accolades to Barbara at the Youth Center;
she did a great job providing a tour of the Center.
Referred to the article in the Orange Counfy Register
regarding the recent clean-up project by the Tustin Pride
Committee.
Reminded everyone that the Easter Egg Hunt takes place
March 22nd at the Tustin Sports Park beginning at 8:30
a.m.
Puckett Congratulated Commission Thompson on his
reappointment to the Commission; it is an honor to have
been reappointed and to serve with the gentlemen of the
Planning Commission.
Thanked Kim Leason for the work of Tustin Pride.
Minutes -Planning Commission March 11, 2008 -Page 9
Puckett continued Thanked Scott Reekstin for the tour of Southwest Tustin.
Noted the Tustin Community Foundation sponsors the
Pancake Breakfast that Commissioner Murray mentioned;
Erin Nielsen, the' Executive Director of the Foundation, has
done a great job putting this Breakfast together.
Wished everyone a Happy St. Patrick's Day and Happy
Easter.
Nielsen Congratulated Chair Pro Tem Puckett and Commissioner
Thompson.
Stated the Pancake Breakfast begins at 8:00 a.m.; tickets
are $5.00 for adults and $4.00 for children.
Noted he attended the ribbon-cutting at Beach Pit B-B-Q;
and, encouraged everyone to visit this landmark building
and have some great food.
Asked that a workshop be scheduled regarding the Old
Town Parking Study.
Asked if there are any regulations regarding smoke shops
in relation to distance from school.
Director Answered in the negative; smoke shops are considered a
retail use within the City.
Nielsen Stated there is a shop very close to Tustin High School
that concerns him; and, asked staff to research whether
there are ordinances in surrounding cities.
8:16 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Tuesday, March 25, 2008, at 7:00 p.m. in
the City Council Chamber at 3 ,~nnial Way.
elsen
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission March 11, 2008 -Page 10
SPECIAL MEETING -WORKSHOPS:
5:30 P.M. -BUSINESS LICENSE
6:00 P.M. -BUILDING CODE
were held in the City Council Confierence Room.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MARCH 25, 2008
7:10 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen
Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -MARCH 11, 2008, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Murray, to approve the Consent
Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Approved 2. TUSTIN HISTORIC REGISTER NOMINATION - 535 PACIFIC
STREET.
Minutes -Planning Commission March 25, 2008 -Page 1
RECOMMENDATION:
That the Planning Commission approve the nomination of 535
Pacific Street for an Historic Register Plaque.
Thompson Recused himself and left the dais; he lives within 500 feet of this property.
Reekstin Presented a brief staff report.
Kozak Stated he was pleased to see another property in Old Town come before
the Commission for placement in the Historical Register.
Puckett Agreed with Commissioner Kozak and moved the approval of the plaque
for 535 Pacific Street.
Murray Seconded the motion; and, indicated he went by the property and was
impressed by the appearance of this residence.
Nielsen Added that this is a wonderful program; it is good to see that staff is
working with the Tustin Conservancy and the Tustin Historical Society in
recognizing these properties in Old Town.
Motion carried 4-0.
Thompson Returned to the dais.
Received and filed 3. OLD TOWN PARKING STUDY.
On February 19, 2008, the Tustin City Council received the Old
Town Parking Study and directed staff to begin implementing the
parking alternatives discussed within that document. On March
11, 2008, the Tustin Planning Commission received a copy of
the Old Town Parking Study as background to support its future
involvement in the review of related implementing actions. At
that time, the Planning Commission requested additional
information and a presentation on the matter.
RECOMMENDATION:
Receive and file the report.
Ogdon Presented the staff report.
Rock Miller, KOA Presented the consultant's PowerPoint show.
Corporation
Minutes -Planning Commission March 25, 2008 -Page 2
Ogdon Added that the Parking Study is a planning document and does not waive
the City's parking requirements, change the in-lieu fees structure, etc. but
simply sets a direction for staff to go; in anticipation of bringing some of
those implementation measures to the Commission, sharing the study
ensures the Commission's understanding of Council's direction.
Murray Complimented Mr. Miller on the Parking Study, indicating he has seen
other studies but this was among the best.
Asked why the timeframe of 9:00 a.m. to 11:00 p.m. was used in the
occupancy counts.
Mr. Miller Stated it is generally known that prior to 9:00 a.m. parking problems in
commercial areas do not become evident; by 11:00 p.m. the parking in
the residential areas has stabilized; generally speaking, it is not
necessary to exceed those hours in order to do a full analysis.
Murray Asked if the two-hour intervals were the result of the two-hour timeframe
for parking.
Mr. Miller Responded that the procedure involves atwo-hour scan of an area to
determine what the overall parking demand is; in those areas where
parking is heavily used, supplemental studies are performed only in those
areas.
Murray Asked when parking structures are found to be viable alternatives.
Mr. Miller Indicated that parking structures are generally recommended when a
density-informed development requires parking needs to be concentrated
in order to maintain more buildings; that may not happen in Old Town; if
the City sets in place some of the mechanisms that are being
recommended as altematives, that issue can be revisited; in-lieu fees are
generally based upon the need to acquire land if it is there for facilities;
based upon the parking opportunities and current density pattern, parking
structures do not seem necessary at this time.
Puckett Asked if there are numbers available regarding the percentage of
utilization for the existing parking structure.
Mr. Miller Responded that the Stevens Square structure was lightly used except
during the noon hour of the restaurant immediately adjacent to the
structure.
Puckett Suggested that the Prospect and Main lots are underutilized but that will
change when the Village is occupied.
Mr. Miller Indicated it was his understanding that those parking areas were factored
into the parking requirements for Prospect Village and will be more than
Minutes -Planning Commission March 25, 2008 -Page 3
adequate to meet the needs of that development; it was recommended
that the City take a careful look at parking for major developments, such
as an entire block being converted to a different land use.
Puckett Echoed Commissioner Murray's comment that this is a well-done parking
study.
Kozak Thanked Mr. Miller for the informative report and presentation.
Asked staff if KOA's recommendations regarding revisions to the Code
would require a separate set of parking standards to improve the flexibility
for Old Town.
Director Replied that over the next year the Planning Commission should see
these recommendations brought forward; it is not possible to predict a
time frame at this time.
Kozak Suggested that in order to accelerate the attraction to Old Town it might
be possible to advance these items.
Thompson Asked if the 1,005 required parking spaces number was based upon
Code calculations or upon what was observed in the field work.
Mr. Miller Answered that number was based on KOA's field work; the total amount
of cars parking during peak hours was 1,005; that would take into account
the concept of shared parking; a Code parking demand was not done,
because the total amount of parking observed was substantially below
what the Code might have required had it been applied.
Thompson Questioned to the projected future volumes referred to as more than 140
spaces of surplus parking; and, asked what that calculation was based
on.
Mr. Miller Replied that the number was based upon a Code calculation applied to
the proposed uses with appropriate discounts applied to account for
shared parking.
Thompson Asked where Old Town should be from a utilization standpoint.
Mr. Miller Answered that 85 percent across the board would not be the optimum
because that would be perceived as crowded everywhere; individual
areas should not be above 85 percent; selected prime areas could be
above 85 percent; the alternatives are larger parking fields or areas
where a person knows parking will be available; out-lying spaces should
always be available.
Minutes -Planning Commission March 25, 2008 -Page 4
Thompson Asked how it will be possible to know as projects are approved along the
way when the parking standards are too lax and different regulations are
necessary.
Director Indicated that this is one area where Traffic Engineering is hard and fast;
there are no easy answers or one best way; there may be a point where
additional parking will be necessary in the Old Town area; Old Town is
unique in that no one wants to see a sea of parking by a building, and a
suburban parking standard may not be appropriate; it is necessary to be
thoughtful in the process; this Parking Study is a useful tool in that
process.
Nielsen Added that Old Town has unique parking issues that do not exist
anywhere else in Tustin; any development in Old Town requires flexibility
and parking cannot be specifically quantified and codified as to exactly
what wil! happen; the options suggested in the Parking Study are
excellent; it is very difficult to plan for the next 50 years in Old Town as
opposed to other areas; different options will provide the flexibility
necessary.
Thompson Suggested that the statistics be updated in two or three years; being
cognizant of the decision-making when jumps occur in utilization that
affect the land use decisions that are made by the Planning Commission.
Nielsen Reiterated that it is hard to know when that point has been reached; it is
impossible to know what the developments will be in Old Town twenty
years from now and what the issues are going to be; the options provided
in this study will be helpful; staff will continue to be diligent regarding
mitigation measures as progress occurs.
Director Stated that the larger projects that may be realized in Old Town could be
the easier projects allowing the benefit of performing a parking study/
traffic analysis associated with those projects through the environmental
review process; the more difficult process will be the small infill
developments.
Nielsen Restated that it is not easy to quantify future issues; keeping Old Town as
vibrant as possible and as aesthetically pleasing as possible is the goal.
It was moved by Puckett, seconded by Kozak, to receive and file the
report. Motion carried 5-0.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE MARCH 18, 2008, CITY
COUNCIL MEETING.
Minutes -Planning Commission March 25, 2008 -Page 5
Director reported The City Council approved the MCAS Tustin Mitigation Monitoring Report
and the 2007 General Plan Annual Report.
The City Council approved the conditional use permit requesting a dental
office at 740 EI Camino Real and directed the applicant to submit for a
design review that must be approved by the Planning Commission.
The City Council held the second reading of the Prospect Village planned
community district regulations; those regulations will become effective
shortly; Prospect Village should be submitting an application for a master
sign program soon; that application will be presented before the Planning
Commission.
City Hall will be open every Friday, commencing March 28, 2008.
COMMISSION CONCERNS
Thompson Stated he attended the Easter Egg Hunt and thought it was a big
success; the swift clean-up was amazing.
Noted he attended the Easter Prayer Breakfast sponsored by RBF
Consulting; Councilmember Jim Palmer was one of the officials in
attendance.
Indicated that he was nominated and approved for the OCTA Go Local
Committee.
Referred to previous discussions regarding commercial guidelines for Old
Town; and, asked that a timeframe be established for the next step in that
procedure.
Director Stated that staff received a draft copy of interim guidelines from the
Redevelopment Agency; those guidelines will be reviewed internally and
then presented to the Planning Commission.
Thompson Referred to the letter from Broadmoor Park relating to the Southwest
Tustin Tour; and, asked if staff would be responding to that letter.
Director Answered in the affirmative.
Kozak Welcomed new staff members Cari Meyer, Assistant Planner, and Amy
Thomas, Senior Planner.
Thanked staff for the workshops and Mr. Rock Miller and Assistant
Director Dana Ogdon for their presentations regarding the Old Town
Parking Study.
Minutes -Planning Commission March 25, 2008 -Page 6
Murray Thanked staff for the very informative workshops.
Thanked his fellow Commissioners for the discussion of the Old Town
Parking Study.
Asked for the status of the Drug Emporium.
Director Indicated that Big Lots has requested a tenant improvement for that
facility.
Murray Complimented the City's Community Services Commission for the Easter
Egg Hunt and also Chair Nielsen and Chair Pro Tem Puckett for their
work through the Tustin Community Foundation.
Puckett Noted the Easter celebration was a huge success, thanks to Dave Wilson
and his staff and also to Erin Nielsen, Executive Director of the
Community Foundation, for putting the Pancake Breakfast together; twice
as many breakfasts could have been sold and the Foundation will
prepare to do that next year; the funds provided substantial income for
the Foundation that will be used in the grant process.
Nielsen Thanked staff for the workshops; it is always good to see that staff is
performing outreach to the community in an effort to provide better
customer service.
Indicated he had a fine time at the Easter Egg Roll and the Pancake
Breakfast; and, thanked the many volunteers who helped with the
Breakfast.
Thanked Kathy Hall for providing a letter to the Planning Commission
regarding Broadmoor Homes in Tustin; he was pleased to hear that staff
wiA be responding to some of the issues presented; the majority of the
letter related to the architecture of the patio homes in Broadmoor with a
nice dissertation regarding the designs referred to as "MidCentury
Modern."
Congratulated Commissioner Thompson on his appointment to the Go
Local Committee for OCTA.
Stated he looks forward to design guidelines coming forward for Old
Town Commercial; anything staff can do to move that forward would be
appreciated; and, added that the Old Town Residential Guidelines should
perhaps also be updated.
Requested that a tour be scheduled for the Laurelwood, Peppertree,
Tustin Meadows, and Summerfield communities.
Minutes -Planning Commission March 25, 2008 -Page 7
Director Asked if the Commission would like the tour scheduled for the next
meeting.
Nielsen Answered that whatever is convenient for staff when there is a light f
agenda would be fine.
Thompson Requested a start time of 5:30 p.m.
Director Stated the tour would be scheduled to occur before the next Planning
Commission meeting, April 8, 2008.
Nielsen Asked that staff provide information other cities may have regarding
smoke shops in the vicinity of schools.
8:10 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for
Tuesday, April 8, 2008, at 7:00 p.m. in the City Council Chamber at 300
Centennial Way.
Jo ielsen i
Chairperson
~~.
E izabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission March 25, 2008 -Page 8
SPECIAL MEETING -WORKSHOPS:
5:30 P.M. -BUSINESS LICENSE
6:00 P.M. -BUILDING CODE
were held in the City Council Confierence Room.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MARCH 25, 2008
7:10 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen
Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -MARCH 11, 2008, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Murray, to approve the Consent
Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Approved 2. TUSTIN HISTORIC REGISTER NOMINATION - 535 PACIFIC
STREET.
Minutes -Planning Commission March 25, 2008 -Page 1
RECOMMENDATION:
That the Planning Commission approve the nomination of 535
Pacific Street for an Historic Register Plaque.
Thompson Recused himself and left the dais; he lives within 500 feet of this property.
Reekstin Presented a brief staff report.
Kozak Stated he was pleased to see another property in Old Town come before
the Commission for placement in the Historical Register.
Puckett Agreed with Commissioner Kozak and moved the approval of the plaque
for 535 Pacific Street.
Murray Seconded the motion; and, indicated he went by the property and was
impressed by the appearance of this residence.
Nielsen Added that this is a wonderful program; it is good to see that staff is
working with the Tustin Conservancy and the Tustin Historical Society in
recognizing these properties in Old Town.
Motion carried 4-0.
Thompson Returned to the dais.
Received and filed 3. OLD TOWN PARKING STUDY.
On February 19, 2008, the Tustin City Council received the Old
Town Parking Study and directed staff to begin implementing the
parking alternatives discussed within that document. On March
11, 2008, the Tustin Planning Commission received a copy of
the Old Town Parking Study as background to support its future
involvement in the review of related implementing actions. At
that time, the Planning Commission requested additional
information and a presentation on the matter.
RECOMMENDATION:
Receive and file the report.
Ogdon Presented the staff report.
Rock Miller, KOA Presented the consultant's PowerPoint show.
Corporation
Minutes -Planning Commission March 25, 2008 -Page 2
Ogdon Added that the Parking Study is a planning document and does not waive
the City's parking requirements, change the in-lieu fees structure, etc. but
simply sets a direction for staff to go; in anticipation of bringing some of
those implementation measures to the Commission, sharing the study
ensures the Commission's understanding of Council's direction.
Murray Complimented Mr. Miller on the Parking Study, indicating he has seen
other studies but this was among the best.
Asked why the timeframe of 9:00 a.m. to 11:00 p.m. was used in the
occupancy counts.
Mr. Miller Stated it is generally known that prior to 9:00 a.m. parking problems in
commercial areas do not become evident; by 11:00 p.m. the parking in
the residential areas has stabilized; generally speaking, it is not
necessary to exceed those hours in order to do a full analysis.
Murray Asked if the two-hour intervals were the result of the two-hour timeframe
for parking.
Mr. Miller Responded that the procedure involves atwo-hour scan of an area to
determine what the overall parking demand is; in those areas where
parking is heavily used, supplemental studies are performed only in those
areas.
Murray Asked when parking structures are found to be viable alternatives.
Mr. Miller Indicated that parking structures are generally recommended when a
density-informed development requires parking needs to be concentrated
in order to maintain more buildings; that may not happen in Old Town; if
the City sets in place some of the mechanisms that are being
recommended as altematives, that issue can be revisited; in-lieu fees are
generally based upon the need to acquire land if it is there for facilities;
based upon the parking opportunities and current density pattern, parking
structures do not seem necessary at this time.
Puckett Asked if there are numbers available regarding the percentage of
utilization for the existing parking structure.
Mr. Miller Responded that the Stevens Square structure was lightly used except
during the noon hour of the restaurant immediately adjacent to the
structure.
Puckett Suggested that the Prospect and Main lots are underutilized but that will
change when the Village is occupied.
Mr. Miller Indicated it was his understanding that those parking areas were factored
into the parking requirements for Prospect Village and will be more than
Minutes -Planning Commission March 25, 2008 -Page 3
adequate to meet the needs of that development; it was recommended
that the City take a careful look at parking for major developments, such
as an entire block being converted to a different land use.
Puckett Echoed Commissioner Murray's comment that this is a well-done parking
study.
Kozak Thanked Mr. Miller for the informative report and presentation.
Asked staff if KOA's recommendations regarding revisions to the Code
would require a separate set of parking standards to improve the flexibility
for Old Town.
Director Replied that over the next year the Planning Commission should see
these recommendations brought forward; it is not possible to predict a
time frame at this time.
Kozak Suggested that in order to accelerate the attraction to Old Town it might
be possible to advance these items.
Thompson Asked if the 1,005 required parking spaces number was based upon
Code calculations or upon what was observed in the field work.
Mr. Miller Answered that number was based on KOA's field work; the total amount
of cars parking during peak hours was 1,005; that would take into account
the concept of shared parking; a Code parking demand was not done,
because the total amount of parking observed was substantially below
what the Code might have required had it been applied.
Thompson Questioned to the projected future volumes referred to as more than 140
spaces of surplus parking; and, asked what that calculation was based
on.
Mr. Miller Replied that the number was based upon a Code calculation applied to
the proposed uses with appropriate discounts applied to account for
shared parking.
Thompson Asked where Old Town should be from a utilization standpoint.
Mr. Miller Answered that 85 percent across the board would not be the optimum
because that would be perceived as crowded everywhere; individual
areas should not be above 85 percent; selected prime areas could be
above 85 percent; the alternatives are larger parking fields or areas
where a person knows parking will be available; out-lying spaces should
always be available.
Minutes -Planning Commission March 25, 2008 -Page 4
Thompson Asked how it will be possible to know as projects are approved along the
way when the parking standards are too lax and different regulations are
necessary.
Director Indicated that this is one area where Traffic Engineering is hard and fast;
there are no easy answers or one best way; there may be a point where
additional parking will be necessary in the Old Town area; Old Town is
unique in that no one wants to see a sea of parking by a building, and a
suburban parking standard may not be appropriate; it is necessary to be
thoughtful in the process; this Parking Study is a useful tool in that
process.
Nielsen Added that Old Town has unique parking issues that do not exist
anywhere else in Tustin; any development in Old Town requires flexibility
and parking cannot be specifically quantified and codified as to exactly
what will happen; the options suggested in the Parking Study are
excellent; it is very difficult to plan for the next 50 years in Old Town as
opposed to other areas; different options will provide the flexibility
necessary.
Thompson Suggested that the statistics be updated in two or three years; being
cognizant of the decision-making when jumps occur in utilization that
affect the land use decisions that are made by the Planning Commission.
Nielsen Reiterated that it is hard to know when that point has been reached; it is
impossible to know what the developments will be in Old Town twenty
years from now and what the issues are going to be; the options provided
in this study will be helpful; staff will continue to be diligent regarding
mitigation measures as progress occurs.
Director Stated that the larger projects that may be realized in Old Town could be
the easier projects allowing the benefit of performing a parking study/
traffic analysis associated with those projects through the environmental
review process; the more difficult process will be the small infill
developments.
Nielsen Restated that it is not easy to quantify future issues; keeping Old Town as
vibrant as possible and as aesthetically pleasing as possible is the goal.
It was moved by Puckett, seconded by Kozak, to receive and file the
report. Motion carried 5-0.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE MARCH 18, 2008, CITY
COUNCIL MEETING.
Minutes -Planning Commission March 25, 2008 -Page 5
Director reported The City Council approved the MCAS Tustin Mitigation Monitoring Report
and the 2007 General Plan Annual Report.
The City Council approved the conditional use permit requesting a dental
office at 740 EI Camino Real and directed the applicant to submit for a
design review that must be approved by the Planning Commission.
The City Council held the second reading of the Prospect Village planned
community district regulations; those regulations will become effective
shortly; Prospect Village should be submitting an application for a master
sign program soon; that application will be presented before the Planning
Commission.
City Hall will be open every Friday, commencing March 28, 2008.
COMMISSION CONCERNS
Thompson Stated he attended the Easter Egg Hunt and thought it was a big
success; the swift clean-up was amazing.
Noted he attended the Easter Prayer Breakfast sponsored by RBF
Consulting; Councilmember Jim Palmer was one of the officials in
attendance.
Indicated that he was nominated and approved for the OCTA Go Local
Committee.
Referred to previous discussions regarding commercial guidelines for Old
Town; and, asked that a timeframe be established for the next step in that
procedure.
Director Stated that staff received a draft copy of interim guidelines from the
Redevelopment Agency; those guidelines will be reviewed internally and
then presented to the Planning Commission.
Thompson Referred to the letter from Broadmoor Park relating to the Southwest
Tustin Tour; and, asked if staff would be responding to that letter.
Director Answered in the affirmative.
Kozak Welcomed new staff members Cari Meyer, Assistant Planner, and Amy
Thomas, Senior Planner.
Thanked staff for the workshops and Mr. Rock Miller and Assistant
Director Dana Ogdon for their presentations regarding the Old Town
Parking Study.
Minutes -Planning Commission March 25, 2008 -Page 6
Murray Thanked staff for the very informative workshops.
Thanked his fellow Commissioners for the discussion of the Old Town
Parking Study.
Asked for the status of the Drug Emporium.
Director Indicated that Big Lots has requested a tenant improvement for that
facility.
Murray Complimented the City's Community Services Commission for the Easter
Egg Hunt and also Chair Nielsen and Chair Pro Tem Puckett for their
work through the Tustin Community Foundation.
Puckett Noted the Easter celebration was a huge success, thanks to Dave Wilson
and his staff and also to Erin Nielsen, Executive Director of the
Community Foundation, for putting the Pancake Breakfast together; twice
as many breakfasts could have been sold and the Foundation will
prepare to do that next year; the funds provided substantial income for
the Foundation that will be used in the grant process.
Nielsen Thanked staff for the workshops; it is always good to see that staff is
performing outreach to the community in an effort to provide better
customer service.
Indicated he had a fine time at the Easter Egg Roll and the Pancake
Breakfast; and, thanked the many volunteers who helped with the
Breakfast.
Thanked Kathy Hall far providing a letter to the Planning Commission
regarding Broadmoor Homes in Tustin; he was pleased to hear that staff
will be responding to some of the issues presented; the majority of the
letter related to the architecture of the patio homes in Broadmoor with a
nice dissertation regarding the designs referred to as "MidCentury
Modern."
Congratulated Commissioner Thompson on his appointment to the Go
Local Committee for OCTA.
Stated he looks forward to design guidelines coming forward for Old
Town Commercial; anything staff can do to move that forward would be
appreciated; and, added that the Old Town Residential Guidelines should
perhaps also be updated.
Requested that a tour be scheduled for the Laurelwood, Peppertree,
Tustin Meadows, and Summerfield communities.
Minutes -Planning Commission March 25, 2008 -Page 7
Director Asked if the Commission would like the tour scheduled for the next
meeting.
Nielsen Answered that whatever is convenient for staff when there is a light
agenda would be fine.
Thompson Requested a start time of 5:30 p.m.
Director Stated the tour would be scheduled to occur before the next Planning
Commission meeting, April 8, 2008.
Nielsen Asked that staff provide information other cities may have regarding
smoke shops in the vicinity of schools.
8:10 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for
Tuesday, April 8, 2008, at 7:00 p.m. in the City Council Chamber at 300
Centennial Way.
ru
Jo ielsen
Chairperson
~~.
E Izabeth A. Binsack
Planning Commission Secretary
t
Minutes -Planning Commission March 25, 2008 -Page 8
SPECIAL MEETING
TOUR OF SOUTH TUSTIN
5:45 P.M. - 6:45 P.M.
LEFT CITY HALL AT 5:40 P.M.
TOUR DESTINATIONS:*
14771 Canterbury Avenue, Centennial Park, 5:45 p.m.
2274 Fig Tree Drive, Magnolia Tree Park, 6:00 p.m.
Cherrywood Lane at Maple Court, Raintree Park, 6:15 p.m.
14232 Red Hill Avenue, Make-A-Wish Foundation, 6:30 p.m.
*Arrival/Departure times are approximate.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
APRIL 22, 2008
7:05 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen
Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Doug Anderson, Transportation-Development Services Manager
Scott Reekstin, Senior Planner
Justina Willkom Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -MARCH 25, 2008, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Thompson, to approve the
Consent Calendar. Motion carried 5-0.
Minutes -Planning Commission April 22, 2008 -Page 1
PUBLIC HEARINGS
Received the 2. WITHDRAWAL OF CONDITIONAL USE PERMIT 07-022
report REQUESTING AUTHORIZATION TO OPERATE A WOMEN'S
WEIGHT LOSS AND FITNESS HEALTH CLUB WITHIN AN
EXISTING SHOPPING CENTER TENANT SUITE LOCATED AT
17251 SEVENTEENTH STREET, SUITE B, IN THE
COMMERCIAL GENERAL (C-G) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission receive this report.
REGULAR BUSINESS
Adopted Resolution 3. GENERAL PLAN CONFORMITY DETERMINATION
No. 4088, as DETERMINING THAT THE LOCATION, PURPOSE, AND
corrected EXTENT OF A PROPOSED CONVEYANCE OF AN EASEMENT
FOR A BRIDGE OVER THE SANTA ANA-SANTA FE CHANNEL
ARE IN CONFORMANCE WITH THE TUSTIN GENERAL PLAN.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4088.
Reekstin Presented a brief staff report.
Thompson Indicated- that due to the Orange County reorganization, the Resources
and Development Management Department name was changed to the
Public Works Department; and, requested that the correction be made in
the resolution.
Reekstin Responded that the change would be made.
It was moved by Thompson, seconded by Kozak, to approve Resolution
No. 4088, as corrected. Motion carried 5-0.
Adopted Resolution 4. GENERAL PLAN CONFORMITY DETERMINATION FISCAL
No. 4089 YEAR 2008/2009 TUSTIN LEGACY PUBLIC INFRASTRUCTURE
DETERMINING THAT THE PUBLIC INFRASTRUCTURE AT
TUSTIN LEGACY TO BE PLANNED, INITIATED, OR
CONSTRUCTED DURING THE 2008/2009 FISCAL YEAR IS IN
CONFORMANCE WITH THE TUSTIN GENERAL PLAN.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4089.
Reekstin Provided a brief staff report.
Minutes -Planning Commission April 22, 200$ -Page 2
Thompson Noted there was no water, sewer, or reclaimed water infrastructure
shown; and, asked for clarification.
Anderson Indicated the list contained in the staff report is a copy of the
Infrastructure Fair Share Program; it does not include the 1RWD facilities;
those items will be owned and operated by IRWD and are not included as
part of the Fair Share Program to be implemented by the participants in
the Legacy project.
Thompson Asked for further information regarding trails.
Anderson Indicated there are facilities as part of the program which are not
highlighted; the Peters Canyon Regional Trail is the Fair Share trail; the
Barranca bicycle trail is not part of the backbone infrastructure but is a
developer contribution; the trail at the north end of the John Laing project
adjacent to the OCTA right-of-way was developer-implemented.
Thompson Asked if the references to figures are from the EIR.
Anderson Stated that the figures referred to were included in a notebook that
accompanied the list of backbone infrastructure that describes each
segment and details the cost estimates; these are consistent with the
EIR, General Plan, and the Specific Plan.
Thompson Pointed out Project 69 which references Figure 22 to verify that would be
from another document.
Anderson Answered in the affirmative.
Thompson Asked if the improvements that are completed are somehow noted or if
this refers to the balance of projects yet to be built.
Anderson Explained that most are the balance of projects; as staff noted, some of
the projects have been constructed but have not technically been
completed.
Director Added that these are the Fair Share Backbone Infrastructure projects;
this list may only include one trail; there are other trails that are included
throughout the project, which are included as parts other tentative tract
maps; the maps come before the Planning Commission and/or City
Council; those bodies would be making findings that the maps are
consistent with the General Plan; these are projects that would not
necessarily be included with some other kind of finding which is why it is
important that this broader list be determined to be consistent with the
City's General Plan.
Murray Asked if it would be practical to say that all the projects wi11 be completed
within the next fiscal year.
Minutes -Planning Commission April 22, 2008 -Page 3
Anderson Answered in the negative; this list includes the entire program to buildout
of the Legacy.
It was moved by Thompson, seconded by Puckett, to adopt Resolution
No. 4089. Motion carried 5-0.
Received report 5. FOLLOW-UP DISCUSSION: TOUR OF SOUTH TUSTIN.
and provided
direction 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.
Puckett Stated that staff always does a great job in preparation for these tours;
while he has lived in Peppertree for 33 years, this tour really brought it
alive for him.
Nielsen Noted that Chair Pro Tem Puckett's knowledge of the area was also
very impressive, especially regarding how the area changed over time.
Murray Indicated that the tour was very helpful in providing an historical
perspective, a real benefit to the Planning Commission.
Thompson Stated that he has lived in Tustin for about 20 years and yet was not
very familiar with the area toured this evening; it was helpful to see a
broader dimension of the City.
Kozak Added that it was very educational; staff did a great job with the
presentation; the comments of the Chair and Chair Pro Tem provided
added information.
Complimented Tustin Pride for the work they have been performing in
that area; there is visible evidence of their work and partnership.
Asked if Katherine Spur could be included in a future workshop.
Stated he noticed a lot of on-street parking, and, asked for clarification
regarding the proposed on-street parking ordinance to address the
situation and whether or not this area toured is part of the study area.
Director Indicated in the affirmative; and, stated that issue would be addressed
below.
Minutes -Planning Commission April 22, 2008 -Page 4
Nielsen Stated that, as a resident of the area for 22 years, it was nice to get a
fresh perspective from the questions that were asked; he learned a lot;
staff did a great job, as always; the 30-40 year old neighborhoods have
held up well; the residents take pride in their homeownership which is
evident by the way the homes are kept up.
Referred to shopping carts; and, asked whether or not the Council has
made a decision on that issue.
Director Answered that no decision has been made; staff was asked to evaluate
the various approaches; staff is working on that now.
Nielsen Reiterated his belief that having meetings in the neighborhoods would
provide better public turnout; perhaps staff could consider doing so on
a future tour.
Puckett Thanked Parks and Recreation for the nice parks in those areas.
Nielsen Suggested that the next tour should perhaps cover the central City
area.
Director Reminded the Commissioners that there is a housing element
workshop scheduled for Wednesday, May 21; it would be up to the
Commission whether to schedule another tour in May.
Puckett Stated he would support a tour per month.
Director Indicated that a tour could be planned for the second meeting in May,
beginning at 5:30 p.m.
Nielsen Reiterated his comment regarding conducting the meeting in the
neighborhood.
It was moved by Kozak, seconded by Puckett, to receive and file the
report. Motion carried 5-0.
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE APRIL 1 AND 15, 2008,
CITY COUNCIL MEETINGS.
Director reported The City Council held a public hearing for the Action Agenda for the
CDBG Fiscal Year 2008-2009 Action Plan; the item was continued; the
City Council was interested in receiving additional funding information;
the item will be heard at the May 6~' Council meeting.
Referred to Commissioner Kozak's question related to the parking
regulations; the broader issue the City Council has been addressing is
related to both on-street and off-street parking regulations; this inciudes
Minutes -Planning Commission April 22, 2008 -Page 5
discussions with the Police Department, Public Works Department, and
the Community Development Department; the Planning Commission will
be involved in zoning code amendments; there are also garage issues,
off-street parking issues, commercial parking lot related issues, etc.; staff
is planning to bring an ordinance to the second meeting in May; this
somewhat relates to what is being considered regarding overnight
parking, on-street permit parking, etc.; many of the things being proposed
are found in the Tustin City Code; some are not and are new zoning code
related issues the Planning Commission will be considering; this will be a
comprehensive zoning code amendment; this has not been noticed for
public hearing but will be coming before the Planning Commission at the
City Council's request; the Public Works Department will also be
recommending various ordinances and resolutions to the City Council.
Kozak Thanked the Director for the information.
COMMISSION CONCERNS
Thompson Thanked staff for the tour.
Asked if a letter was prepared in response to the Broadmoor resident's
request.
Director Indicated a copy of the letter will be provided to the Planning
Commissioners.
Kozak Thanked staff for the tour and for the information regarding the Tustin
Legacy backbone infrastructure.
Congratulated Pat Madsen and his team of forestry experts and read a
portion of the related newspaper article in the Tustin News, April 10,
2008.
Stated he checked Government Code 65401 and his understanding was
that each fiscal year, before the budget is considered, proposed Public
Works for the ensuing fiscal year would be brought before the planning
agency; and, asked if that would be scheduled soon.
Director Responded that staff will check with the City Engineer.
Murray Offered kudos to staff for the tour and encouraged staff to continue the
outreach efforts in order for contact to be made with the community on
these tours.
Acknowledged Hank Nunez who recently left the Community Services
Commission after years of service.
Noted his concern regarding tobacco shops near Tustin school.
Minutes -Planning Commission April 22, 2008 -Page 6
Murray continued Indicated that a shuttle service from the Tustin Transportation Center will
stop at the "best shopping" in the County-The District at Tustin
Legacy-and encouraged everyone to take advantage of that service.
Puckett Congratulated John Nielsen for his nomination as Tustin Man of the Year;
the selection will be announced in June.
Stated he attended the Chamber's Business Expo which was well-
attended, thanks to Marisa Charette and her staff.
Noted he attended the March 27"' tour of the water facilities in Fountain
Valley that included a bus tour to Prado Dam; he will be attending the
Water Summit on May 2, 2008.
Indicated he will be participating again this year in the 100-hole golf
marathon far Hope International University; support will be appreciated.
Nielsen Asked if there is any tentative time for a report to the Commission
regarding a smoke shop ordinance.
Director Responded that staff has been doing research and will follow up with the
Commission.
Nielsen Stated he attended the Chamber of Commerce Business Expo; it was
good to see all the local businesses there.
Noted that the Community Foundation bid deadline is May 1St
Encouraged everyone to support Chair Pro Tem Puckett's efforts for
Hope University.
Asked if there had ever been a stop light or stop sign request in front of
Tustin High School.
Anderson Answered in the negative.
Nielsen Suggested that perhaps Public Works should consider doing so.
7:50 p.m. ADJOURNMENT
The next regular meeting of the Planning C
Tuesday, May 13, 2008, at 7:00 p.m. ' th City
Centennial Way. ~~ ~
JOHN N SEN
~~-G~~d ,~ Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
is scheduled for
Chamber at 300
Minutes -Planning Commission April 22, 2008 -Page 7
MINUTES
REGULAR MEETING
PLANNING COMMISSION
MAY 13, 2008
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Nielsen, Chair 1. PLANNING COMMISSION REORGANIZATION.
Puckett, Chair
Pro Tem RECOMMENDATION:
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 to be
reappointed as Chairperson, seconded by Commissioner Kozak.
Motion carried 5-0.
Commissioner Murray nominated Commissioner Puckett to be
reappointed as Chair Pro Tem, seconded by Commissioner
Thompson. Motion carried 5-0.
ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff Present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Amy Thomas, Senior Planner
Reina Kapadia, Assistant Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 5-0 2. APPROVAL OF MINUTES -APRIL 22, 2008, PLANNING
COMMISSION MEETING.
Minutes -Planning Commission May 13, 2008 -Page 1
It was moved by Puckett, seconded by Murray, to approve the
Consent Calendar.
Approved 4-0 3. APPROVAL OF CERTIFICATE OF APPROPRIATENESS
Thompson recused REPORT REGARDING OLD TOWN PROJECTS
APPROVED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT FROM FEBRUARY 12, 2008, TO MARCH
13, 2008.
Commissioner Thompson requested to abstain on three addresses
on Item No. 3; three addresses are in close proximity to his
residence; one actually is his residence.
Nielsen Asked if a new motion would be necessary.
Kendig Indicated that would not be necessary; and, asked Commissioner
Thompson to identify the addresses.
Thompson Responded 415 West 6'r' Street, 445 West 6m Street, and 200
Pacific Street.
Motion carried 4-0. Thompson abstained.
PUBLIC HEARINGS
Adopted Resolution 4. CONDITIONAL USE PERMIT 08-004 REQUESTING
No. 4090, as AUTHORIZATION TO ESTABLISH AN OFF-SITE
amended ALCOHOLIC BEVERAGE SALES ESTABLISHMENT WITH
ANCILLARY ON-SITE SALES PRIVILEGES FOR WINE
TASTING AND WINE EDUCATION CLASSES. THIS
PROJECT IS LOCATED AT 2952 EL CAMINO REAL IN
THE PLANNED COMMUNITY MIXED USE ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4090,
approving Conditional Use Permit 08-004.
7:05 p.m. The Public Hearing opened.
Kapadia Presented the staff report.
Thompson Asked if the 1,000 feet determination was measured from the entry,
the building edge, the edge of the parking lot.
Minutes -Planning Commission May 13, 2008 -Page 2
Kapadia Indicated the distance requirements are measured differently for the
different types of uses; and, read those requirements from the
Zoning Code.
Thompson Suggested that Toys R Us is not considered a playground.
Kapadia Confirmed that would be considered a retail use.
Thompson Asked how police enforcement would be factored into a use like
this.
Kapadia Indicated that the Police Department reviewed the project and
application materials and have no concerns regarding the project,
as proposed, for the off-site sales and on-site privileges for tasting
and classes.
Nielsen Questioned whether there would be any limitation in the number of
wine-tasting classes that could be held per month/per day.
Kapadia Replied that the conditions of approval limit the hours of operation
and the number of enrollees/attendees for the wine-tasting or
classes but does not specifically limit the number of classes that
may be held.
Nielsen Suggested that it would be possible to hold three or four per day.
Kapadia Concurred with that suggestion.
Nielsen Stated his concern is not the occasional wine-tasting class, but that
the entitlements are loosely constructed and may be construed as a
bar which would be more adverse; he would like to see the
conditions tightened in this regard.
Kapadia Responded that under Conditions 2.1 and 2.2 the on-site sales
activity for wine tasting and classes would need to remain an
ancillary use to the primary off-site sales use; if the primary use is
discontinued, the conditional use permit would no longer be valid;
Condition 2.2 approves the project based on the approved plan; a
change to the operation or the layout of the business would require
approval of the Director.
Director Added that the types of licenses that are being requested are not
related to a bar; the request is for off-site sales and tasting on-site
identified in the staff report and conditions of approval; only five
percent of the total floor area may be used for tasting; any
modification or expansion thereto would render the conditional use
permit null and void unless some modification were requested by
the applicant.
Minutes -Planning Commission May 13, 2008 -Page 3
Nielsen Restated his concern would be that allowing these entitlements will
be too loosely construed.
Kozak Requested modifying Conditions 2.1 or 2.2 regarding the square
footage as the standard measure of ancillary use by incorporating
language into the condition.
Kendig Indicated he would draft some language to be provided after the
public comments.
Murray Stated that he has had some experience with the ABC Type 42
license; unless conditioned, that license may allow for some of the
above concerns.
Nielsen Invited the applicant's representative to the lectern.
Phil Armstrong, Vice Stated that the applicant prefers to be referred to as a wine super
President, Real store rather than a liquor store; 70 percent of their sales are in wine;
Estate, Total Wine & the primary use is as a wine retailer; they have 52 stores in 10
More states and have $700 million in sales; California, Arizona, and
Nevada are important expansion opportunities for the business;
The Tustin Market Place was selected as a new location because it
met the criteria for a retail site.
Presented a set of photos showing what a typical wine-tasting
setup looks like; there is an aggressive policy to be very sensitive to
minors; California has detailed guidelines far that.
Nielsen Asked if any of their stores turned into bars.
Mr. Armstrong Responded in the negative.
Nielsen Inquired whether the applicant would be averse to tightening the
conditions to prevent bar use.
Mr. Armstrong Answered in the negative; and, referred to the number of wine
classes that might be offered; the current number is approximately
15 per year.
Puckett Asked if this will be their second California store.
Mr. Armstrong Answered in the affirmative; a third will open in Los Angeles in early
2009; several more are planned between Santa Barbara and San
Diego; these will be focused, high-profile locations.
Murray Stated that he had contacted people in the Roseville Police
Department who had very favorable things to say; and, asked why
the name "California Wines" is being used down here.
Minutes -Planning Commission May 13, 2008 -Page 4
Mr. Armstrong Responded that the nature of the business is different in every state
due to unique licensing issues; therefore, the company chose to
create liability corporations on astate-by-state basis.
Murray Asked how this company differs from Beverages And More.
Mr. Armstrong Stated that 65 percent of his sales are in wine, 20 percent in spirits,
and everything else rounds up to 100 percent; Beverages and More
tends to be in thirds; Total Wine stores are much larger in square
footage; Total Wine stores carry up to 8,000 wines; Beverages and
More are at 3,000; Total Wine has a much greater emphasis on
wine.
Kozak Stated the fifth photograph in the group submitted by Mr.
Thompson suggests a Friday, Saturday, Sunday schedule for wine
tasting; and, questioned if the Tustin Market Place store would be
similar.
Mr. Armstrong Replied that wine tastings typically are held twice a month but
perhaps more often during the bigger volume seasons such as
October and November.
Kozak Indicated that the information provided brought for him a greater
level of comfort regarding the use; referred to Condition 2.15
regarding no outdoor storage except as approved by the
Community Development Director; and, proposed the condition be
amended to state "outdoor storage and displays."
Mr. Armstrong Responded that he would not be apposed to that language; the
lease will include such a restriction.
Thompson Asked, regarding the limitation of classes or tastings, what number
might be acceptable to include in the conditions.
Mr. Armstrong Stated that the education classes would probably be a maximum of
20 per year, but the applicant would appreciate flexibility regarding
the wine tasting which will be held twice a week at the most.
Thompson Suggested that limiting the number of classes to 25 would allow the
flexibility required.
Mr. Armstrong Answered in the affirmative; and, added that from a business
standpoint that would be acceptable.
Director Stated that those kinds of things are difFcult to monitor; if the nature
of the use changes into a lounge, tavern, or bar versus what the
Commission is being asked to approve this evening (wine tasting
as an ancillary use to the primary use), the Commission would have
Minutes -Planning Commission May 13, 2008 -Page 5
the ability to review and revoke the conditional use permit; this
should be taken into consideration when considering attaching
additional conditions of approval as related to the number of wine
tasting events.
Murray Suggested that the applicant seems diligent regarding proper
identification being required; and, asked if there will be video
surveillance in the store.
Mr. Armstrong Answered in the affirmative.
7:36 p.m. The Public Hearing closed.
Thompson Stated he appreciated the additional information and clarification;
and, suggested that perhaps the Commission should make the five
percent floor space a part of Condition 2.2.
Nielsen Indicated that, based on the applicant's testimony, wine tasting will
not be taking place three or four times a day; the Commission
should allow flexibility for the applicant to promote wines as new
products arrive; limiting the floor space is a wise approach.
Kozak Agreed that the floor space standard being incorporated into the
use restrictions would be the best protection; and, restated his
request regarding the prohibition of outdoor displays.
Murray Added that his concerns had been addressed, and he feels
comfortable with the project.
Puckett Asked the applicant if the use of "California Wine Wines and Spirits"
means that the business will be primarily in California wines.
Mr. Armstrong Responded that the business will include wines from all aver the
world.
Murray Asked how soon the business might open.
Mr. Armstrong Replied that everything depends upon obtaining building permits,
but the hope is to open in Fall 2008.
Nielsen Stated his opinion that this is a good use, with the restriction
mentioned by Commissioner Kozak, and he supports the project.
Director Provided the language to amend the conditions of approval.
It was moved by Murray, seconded by Kozak, to approve
Resolution No. 4090, as amended. Motion carried 5-0.
Minutes -Planning Commission May 13, 2008 -Page 6
REGULAR BUSINESS
340 West Main, this 5. TUSTIN COMMENDATION NOMINATIONS - 340 West
quarter Main Street and 200 South A Street.
200 South A Street, RECOMMENDATION:
next quarter
That the Planning Commission approve the nomination of
340 West Main Street or 200 South A Street to the City's
Commendation Program.
Commissioner Thompson recused himself from this item.
Reekstin Presented a brief staff report.
After a brief discussion, it was the consensus of the Commission to
approve the nomination of the residence at 340 West Main for the
present quarter and 200 South A Street far the next quarter.
It was moved by Nielsen, seconded by Kozak, to approve the
commendations as stated above. Motion carried 4-0.
Commissioner Thompson returned to the dais.
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE MAY 6, 2008,
CITY COUNCIL MEETING.
Director reported The City Council approved the 2008-09 CDBG Funding Allocation;
the application will be forwarded to the federal government.
Reminded the Commissioners that the Housing Element Workshop
is scheduled for May 21St in the Clifton Miller Community Center.
Indicated that the next Planning Commission agenda will be quite
heavy; and, asked the Commissioners if they would still like to have
a tour beginning at 5:30 p.m.
It was the consensus of the Commission that the tour should be
postponed to a time when the agenda will be lighter.
COMMISSION CONCERNS
Thompson Referred to Item 8 on the City Council Action Agenda; and, asked
whether or not there was a land use decision for the Planning
Commission.
Minutes -Planning Commission May 13, 2008 -Page 7
Director Answered that no map came before the Planning Commission; this
was a merger of multiple lots into one lot and was taken directly to
the City Council.
Thompson Stated he attended the Tustin Preservation Conservancy's Second
Annual Award Dinner, a great event that featured many businesses
and homes that captured fine examples of restoration efforts; Linda
Jennings and the rest of the Board should be commended.
Reminded everyone that the Home and Garden Tour takes place
this Saturday, May 17~'.
Noted he is looking forward to being a part of the Chili Cook-off
coming up June 6.
Asked for a status report regarding the Old Town Guidelines that
have been requested by the Commission; he noticed that Orange is
having a workshop on standards and wondered if there might be
any lessons learned from that.
Director Responded that she has not seen what the City of Orange has put
together; staff incorporated the guidelines in the budget request
forwarded to the Finance Department and City Manager's office; a
draft version was received from the Redevelopment Agency but
that document is not complete enough for use at this time; a
budgetary approval will be required in order to develop the
guidelines.
Kozak Congratulated Chair Nielsen and Chair Pro Tem Puckett for their
respective reappointments.
Commented on the momentum that seems to be building regarding
Certificates of Appropriateness; and, thanked the property owners
for their fine work.
Noted he is looking forward to the Housing Element Workshop a
week from tomorrow and to the Chili Cook-off, for which he has
volunteered to be a chili taster/judge.
Murray Offered his congratulations to Chair Nielsen and Chair Pro Tem
Puckett.
Indicated he attended the Grand Opening of Signature Celebrations
in Old Town.
Stated that Prospect Village is looking wonderful.
Minutes -Planning Commission May 13, 2008 -Page 8
Murray continued Noted that he will also be a judge at the Chili Cook-off for the
seventh year in a year.
Added that he is looking forward to the 13~' State of the City event
on Friday, June 6~'.
Puckett Congratulated Chair Nielsen on his reappointment; and, thanked
his fellow Commissioners for reappointing him as Chair Pro Tem.
Stated he attended the Water Summit on May 2 at South Coast
Plaza Hotel which was very well attended and very informative.
Congratulated Maria Lazaruk and Kim Leason on their election to
the Tustin Community Foundation Board of Directors.
Indicated that he, too, will be a judge at the Chili Cook-off.
Asked if people are moving in at Prospect Village.
Director Answered that one unit has been sold and there is a good prospect
for a second sale.
Puckett Agreed with Commissioner Murray that Prospect Village is a
beautiful project.
Stated he completed his 100-hole golf marathon in support of Hope
University and was once again the top fundraiser for the event at
$4,100.
Nielsen Thanked Chair Pro Tem Puckett for his fundraising efforts and all
he does for the community.
Congratulated Chair Pro Tem Puckett on his reappointment; and,
thanked his fellow Commissioners for their support and confidence
in his ability to move things forward.
Restated his concern regarding smoke shops near schools; and,
asked for staffs update.
Director Indicated that staff has done some distancing and plotting of
sensitive uses, smoke shops, and uses that might qualify as smoke
shops; research is continuing in this regard.
Nielsen Asked if further information might be available within the next 30
days.
Director Answered in the affirmative
Minutes -Planning Commission May 13, 2008 -Page 9
Nielsen Noted that he, too, is looking forward to the Chili Cook-off.
8:02 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, May 27, 2008, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Jo ielsen
Chairperson
~~---~., C~ ~
Elizabeth A. i sack
Planning Commission Secretary
Minutes -Planning Commission May 13, 2008 -Page 10
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MAY 27, 2008
7:03 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Christine Shingleton, Assistant City Manager
Dana Ogdon, Assistant Community Development Director
David Kendig, Deputy City Attorney
Tim Serlet, Director of Public Works
Jerry Craig, Redevelopment Program Manager
Terry Lutz, Principal Engineer
Justina Willkom, Senior Planner
Scott Reekstin, Senior Planner
Edmelynne Huffer, Associate Planner
Ryan Swiontek, Associate Planner
Reina Kapadia, Assistant Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
Approved CONSENT CALENDAR
APPROVAL OF MINUTES -MAY 13, 2008, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Murray, to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution 2. GENERAL PLAN AMENDMENT 0$-001 (HOUSING
Nos. 4094 and 4095, ELEMENT UPDATE) AND MINOR TEXT AMENDMENT
as amended TO THE TUSTIN GENERAL PLAN.
RECOMMENDATION:
a. That the Planning Commission adopt Resolution No.
4094 recommending that the City Council adopt a
Minutes -Planning Commission May 27, 2008 -Page 1
Mitigated Negative Declaration for General Plan
Amendment 08-001.
b. That the Planning Commission adopt Resolution No.
4095 recommending that the City Council approve
General Plan Amendment 08-001, updating the
Housing Element and minor text amendment to the
General Plan.
7:05 p.m. The Public Hearing opened.
Willkom Presented the staff report.
Nielsen Thanked staff and the consultants for putting together a very
comprehensive amount of information; and, asked if there were
any questions.
Thompson Echoed the Chair's comments regarding the information; and,
asked for the following:
• a definition of income and how the various levels
translate into today's income levels
• the City's approaches in implementing affordable
housing at the Legacy
• clarification of the information on page 30 of the Housing
Element regarding the average construction price of
$88/square foot which appears to be low
• how rental assistance program functions within the City
with the Orange County Housing authority Section 8
program.
Shingleton Responded as follows:
• Income is determined by the Department of Housing and
Community Development at the state level; income limits
are issued in February of each year which corresponds
to the median income in the county; the figures in the
Housing Element reflect the 2006-07 income levels;
there will be changes as the City moves forward with
individual projects; further details were provided in a
handout which is included herein by reference.
• The Legacy strategy involves a layer of programmatic
requirements that were different from what had been
Minutes -Planning Commission May 27, 2008 -Page 2
seen Citywide; a homeless assistance plan was
prepared that responded to the needs for homeless
accommodation in the vicinity of the Base; opportunities
were identified in response to submittals by the homeless
providers; there are a number of homeless providers that
were recommended to the Navy to meet the affordability
obligations; transactions were negotiated with each of
the developers to accommodate that need.
• The Housing Element identifies a broad average of
construction costs but does not reflect indirect costs or
land costs; the Affordability Gap and Comprehensive
Affordability Strategy (parts of the Element) identifies the
actual gap in construction types for each housing
development prototype.
• The rental assistance programs are the existing rental
assistance program provided through Section 8
certificates that are made available to the City through
the Orange County Housing Authority; as those units
become available, they are allocated; this program is
currently closed; there is also a new construction and
multi-family acquisition and rehabilitation program with
which the Redevelopment Agency is directly involved
that includes county and state bond financing; currently
there are four projects in Tustin.
Nielsen Stated that two of the public response letters referred to the
inclusionary zoning ordinances; and, asked for an explanation.
Shingleton Answered that the City only has mandated inclusionary
obligations that are included in the Zoning Ordinance as it
affects the MCAS-Tustin Specific Plan area; elsewhere in the
City, there are no inclusionary zoning requirements; in the
Redevelopment Project area, 15 percent of new residential
products must be affordable; rather than mandating affordable
housing through an inclusionary zoning stipulation, the City
negotiates developer assistance; there are also density bonus
provisions which requires a certain number of units to be
affordable.
Nielsen Asked if members of the public wished to speak.
Linda Tang, Stated The Kennedy Commission is a coalition of community
representing The members advocating for the development of housing for
Kennedy Commission residents who earn less than $20,000 per year; and, read from
and submitted a letter which is incorporated herein by reference.
Minutes -Planning Commission May 27, 2008 -Page 3
Nielsen Asked if staff wished to respond at this time.
Shingleton Responded that the supporting addendum chart is being
modified to reflect the actual densities tied to each of the vacant
sites and underutilized sites, identifying what the total unit
capacity would be; the HCD does not mandate rezoning of the
property but requires cities to determine vacant and
underutilized properties that would accommodate the RHNA
numbers and the need far affordable housing; the land inventory
indicates the Ciry is in excess of the capacity necessary to meet
the RHNA housing numbers within the time frames provided by
the statute; the Police Department information addresses the
homeless needs of the community in response to Senate Bill 2;
in addition, the Nameless Accommodation Plan prepared in
conjunction with the reuse of the MCAS Tustin provides a
comprehensive homeless accommodation analysis.
Willkom Stated that the City has addressed the extremely low income
households in the Housing Element (Technical Memorandum);
perhaps a better description can be provided in describing how
the City would address the needs of extremely low income
households.
7:40 p.m. The Public Hearing closed.
Thompson Reiterated that staff and the consultants have done a good job
compiling the information; and, suggested that Resolution No.
4095 be amended to remove the word "cleanup" and replace it
with "update" in Item I.B.
Kozak Complimented staff and the consultants for developing an
excellent Housing Element; the workshop was helpful for putting
everything in context; this seems to be a balanced plan; looking
at the 1998-2008 construction goals versus what was
constructed, the City has more than met its goal.
Murray Agreed with the comments of Commissioners Thompson and
Kozak.
Puckett Stated that this is his 13"' year of public service, and he cannot
remember a more comprehensive document.
Nielsen Added his thanks to staff; and, stated his agreement with the
comments of the other Commissioners.
It was moved by Murray, seconded by Thompson, to adopt
Resolution Nos. 4094 and 4095, with the small correction.
Motion carried 5-0.
Minutes -Planning Commission May 27, 2008 -Page 4
Adopted Resolution 3. TENTATIVE PARCEL MAP 2007-234, A REQUEST TO
No. 4093 SUBDIVIDE A CONDOMINIUM SUITE WITHIN AN
EXISTING OFFICE CONDOMINIUM BUILDING. THE
PROPOSED SUBDIVISION WOULD RESULT IN AN
ADDITIONAL CONDOMINIUM OFFICE UNIT FOR A
TOTAL OF TWELVE (12) UNITS WITHIN THE
EXISTING 33,669 SQUARE FOOT, TWO-STORY
BUILDING. THIS PROPERTY IS LOCATED AT 2552
WALNUT AVENUE IN THE PLANNED COMMUNITY
COMMERCIAL (PC-COMM) IRVINE INDUSTRIAL
COMPLEX PLANNED COMMUNITY ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4093 recommending that the City Council approve
Tentative Parcel Map (TPM) 2007-234.
7:50 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Murray Asked for clarification regarding the modification of the CC&Rs
referred to in Resolution No. 4093, Condition 4.1.
Swiontek Replied that the applicant would need to update the CC&Rs to
include the newly divided unit.
Thompson Asked if the applicant had satisfied all the prior conditions of
approval.
Swiontek Answered in the affirmative.
Nielsen Invited the applicant to the lectern.
Gabe Faster, Stated that the reason for splitting the last unit is market
project/manager constraints; there seems to be more of a demand for smaller
and broker units versus larger.
Puckett Indicated he believes this is one of the most beautiful buildings
in Tustin; and, asked how much space the South Coast
Dermatology Group occupies.
Mr. Foster Responded the group occupies 2,600 square feet.
Puckett Asked if the group has the largest space.
Minutes -Planning Commission May 27, 2008 -Page 5
Mr. Foster Answered that there is a 5,000 square foot unit upstairs, an
attorney with sign rights; Farmers Insurance also has sign rights
but has not acted upon that right.
Nielsen Indicated that he agreed with Chair Pro Tem Puckett's
assessment of the building; and, asked if the applicant foresees
any further subdivisions in the existing plan.
Mr. Foster Answered in the negative.
7:58 p.m. The Public Hearing closed.
It was moved by Puckett, seconded by Nielsen, to adopt
Resolution No. 4093. Motion carried 5-0.
Adopted Resolution 4. CONDITIONAL USE PERMIT 08-005, A REQUEST TO
No. 4092, as amended OPERATE A SPIRITUAL CENTER WITH A
BOOKSTORE AND SERVICES INCLUDING
CHILDCARE, CLASSES, AND SANCTUARY WITHIN
AN EXISTING 4,685 SQUARE FOOT TENANT SPACE.
THIS PROJECT IS LOCATED AT 14051 NEWPORT
AVENUE, SUITE H, IN THE PLANNED COMMUNITY
COMMERCIAL (PC-C) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4092, approving Conditional Use Permit 08-005.
8:00 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Thompson Asked if this conditional use permit is transferrable to another
tenant should the space become available and whether the use
at Larwin Square would move with the applicant or that landlord
could allow a new tenant with similar use.
Swiontek Replied that conditional use permits are not transferrable from
one location to another; a new tenant could come in within a
year and operate within those conditions of approval, subject to
review and approval by the Community Development
Department; Condition 1.8 indicates that the use may be
reviewed annually or more often if deemed necessary by the
Community Development Department to ensure compatibility
with the area; there is a use restriction regarding noise or
parking problems that may be observed by the City; any new
tenant would have to comply with all the conditions of approval.
Minutes -Planning Commission May 27, 2008 -Page 6
Kozak Noted that the project site is within the ULI study area; and,
asked when the Field Paoli study will be completed.
Swiontek Suggested that question would be better answered by the
Redevelopment Agency staff.
Craig Stated the market analysis was just submitted; next will be a
series of public meetings in July; it is anticipated the study will
be concluded in late October or November.
Nielsen Questioned whether any licensing would be required for the
child care.
Ogdon Indicated that the proposal for child care would be for those
attending the services and not to be used as an independent
day care service.
Nielsen Stated his understanding that the City considers this a church
use with a sanctuary.
Swiontek Answered in the affirmative.
Nielsen Indicated that this is the third time since he has been on the
Commission that hours of use have been imposed upon a
sanctuary; it is constitutionally guaranteed that hours of
operation not be imposed on a church or religious organization.
Asked if there are any reference materials that staff used for
previous cases.
Kendig Replied that he was not aware of any reference materials on
this topic.
Nielsen Restated there have been two other cases in the past five years
with a similar issue.
Invited the applicant to the lectern.
Reverends Stated they are the co-founders of Common Ground.
Glenda Knox and
Judy DePrete
Nielsen Asked if there is any sort of licensing required through the state
regarding the child care use.
Ms. DePrete Responded that the County doss not require any licensing as
long as parents are on-site while the children are in care.
Minutes -Planning Commission May 27, 2008 -Page 7
Nielsen Asked if the applicant has any objection to the restriction of the
sanctuary hours of operation being 9:00 a.m, to 9:00 p.m.
Ms. DePrete Answered in the negative; the hours are compatible with the
intention of the use.
Murray Asked if those hours applied to the Larwin Square operation
and whether or not there was ancillary child care at that site.
Ms. Knox Stated there have been three small children who accompanied
their parents.
Ms. DePrete Added that there is no accommodation for children at the
present site.
Murray Asked if the hours at Larwin Square were consistent with the
proposed plan.
Ms. DePrete Answered in the affirmative.
Murray Asked if there were any issues at the current location that
contributed to the move.
Ms. DePrete Indicated that size was the only factor.
Thompson Asked the applicant to provide discussion regarding the
compatibility factor with current tenants and tenants at the new
location regarding noise, parking, etc.
Ms. DePrete Stated that the new site is a destination location; there is not
much retail; the adjacent occupant is retail, but no difficulty is
anticipated; there has never been any difficulty at the present
location.
Murray Complimented the applicant on her past successes; and, stated
that the business plan was excellent.
Puckett Added that should be a good location for the use and an asset
to the center.
8:16 p.m. The Public Hearing closed.
Thompson Requested that Resolution No. 4092, Item IE2, and Condition
3.2 be amended to read 48 persons "atone time."
Minutes -Planning Commission May 27, 2008 -Page 8
Nielsen Stated he understood the concerns expressed by the
Redevelopment Agency as presented in the staff report; this is a
unique situation and location, and this is a positive proposal for
the site and a perfect use for this area.
Murray Indicated he was in full support of the project
Puckett Extended best wishes to the applicant.
Nielsen Agreed with the other Commissioners' comments; and, added
that it is important when looking at religious organizations and
churches not to infringe, be a roadblock, or do anything of that
nature restricting the practice of religious freedom; if the
applicants have agreed to the hours of operation, he supports
the project.
It was moved by Thompson, seconded by Kozak, to adopt
Resolution 4092, as amended. Motion carried 5-0.
Adopted Resolution 5. CODE AMENDMENT 08-001: OFF-STREET PARKING
Nos. 4096 and 4091 REGULATIONS.
The Tustin City Council instructed City staff to provide
information and analysis on prohibiting overnight parking
on public streets, and the Community Development
Department was asked to draft a code amendment to
address the potential effects such a prohibition may have
on off-street parking conditions.
RECOMMENDATION:
a. That the Planning Commission adopt Resolution
No. 4096 recommending that the City Council Adopt
a Negative Declaration for Code Amendment 08-
001.
b. That the Planning Commission adopt Resolution
No. 4091 recommending that the City Council
approve Code Amendment 08-001, addressing the
potential impacts of on-street parking regulations on
off-street parking conditions.
8:24 p.m. The Public Hearing opened.
Huffer Presented the staff report.
Ogdon Added that the Public Works Department, Police Department,
and City Attorney are preparing ordinances at the direction of
Minutes -Planning Commission May 27, 2008 -Page 9
the City Council that will affect public right-of-ways; the
proposed parking ordinance before the Planning Commission
will amend the Zoning Code and only addresses private
property parking-related issues; the ordinance organizes all the
parking requirements in the Tustin City Code into one chapter
rather than the multiple sections that now exist; this will ensure
that on-street parking issues that may be affected by the other
ordinances, if adopted by Council, do not shift into residential
neighborhoods or push parked cars off the arterials into
commercial shopping centers; the ordinance will assist property
owners in addressing parking concerns that might shift into
those neighborhoods and ensure that off-street parking
developed and designed for a project is permanently available;
this is an opportunity for the City to proactively introduce new
Code sections that provide parking flexibility for historic
properties in Old Town, a continuing issue; the ordinance will
also provide flexibility for disabled parking requirements.
Murray Complimented staff for moving forward with this ordinance; he
has a particular area of concern regarding the handicapped
striping and signage; throughout the City, there are many
locations of off-street parking where appropriate striping and
signage is not in compliance.
Ogdon Asked if Commissioner Murray was referring to coming into
compliance with the painting.
Murray Reiterated that he sees situations where handicapped with
placards cannot park because someone else has parked in the
space, and this is non-enforceable because the striping is faded
and the signs are out of compliance.
Ogdon Responded that the proposed ordinance has several sections
that require maintenance, the primary one being that it is the
duty of the property owner to maintain and repair required
parking areas (Section 9262c).
Murray Questioned who addresses the compliance aspect.
Ogdon Replied that the City's Code Enforcement officers would be
responsible for enforcing that provision.
Thompson Referred to page 2 of the staff report and the bulleted list of
issues that the amendments are intended to address; and,
suggested that parking on sidewalks and loading and unloading
in the public right-of--way be restricted.
Minutes -Planning Commission May 27, 2008 -Page 10
Thompson continued Remarked that in the Negative Declaration Exhibit A there were
several items that suggest the Parking Code update will add
value in those areas.
Referred to Exhibit C of the draft ordinance, the last paragraph
on page 3, item (i), and asked for clarification of the "decrease in
the parking by a maximum of one space" and a typical situation
where this would be applied.
Nielsen Specified Section 9291 of Draft Ordinance 1354 as the
reference.
Ogdan Stated that this has to do with Section 9264b(4), which is on
page 13 of the ordinance, regarding historic resource residential
parking; this is an attempt to provide flexibility to the registered
historical buildings in Old Town: for example, property owners
who have an historic building with an historic garage; the Code
now states that, if the property owner wants to add a bedroom
to a 1,200 square foot existing house, atwo-car garage would
be required; this typically cannot be accomplished without
demolishing the existing .historical one-car garage or without
taking off a piece of the historical residence to provide the
driveway entrance to the garage; under the correct conditions,
when a building is listed as an historic structure or listed in the
City's Historical Resources Survey and at least cone-car
garage exists, the requirement for the second-car garage can
be waived if the property owner can provide an off-street
parking space somewhere else on the site; that off-street space
can be provided on a driveway, as a tandem space, or in a
carport; this would only apply to registered historic buildings;
there are further limitations regarding the size of the addition.
Nielsen Asked if staff knows how many of these residents have one-car
garages.
Ogdon Stated that information is unknown.
Murray Questioned whether this approach is consistent with other
historical areas, such as the Orange Historic Area.
Ogdon Replied that staff had property owners come forward with similar
situations; staff contacted the cities of Laguna Beach and
Claremont who enacted similar ordinances; some influences
were pulled from those ordinances.
Thompson Asked if granny flats are a protected use under the parking
ordinance.
Minutes -Planning Commission May 27, 2008 -Page 11
Ogdon Stated that granny flats are not traditionally considered second
units; granny flat units are restricted from having kitchens;
second units are referred to in Section B(8) which states that a
second residential unit is not authorized to take advantage of
the provisions but would require atwo-car garage.
Nielsen Referred to the state's provisions regarding second units and
how that might affect the ordinance provision.
Kendig Replied that the restriction is permissible under the state
statutes.
Nielsen Asked if parking is separated from that issue.
Kendig Stated that, as he understands the new requirements, in order
to establish a second unit, one would need to establish atwo-
cargarage.
Thompson Asked, if a granny flat were to have a small kitchen, which
category would it fall under.
Ogdon Indicated that the Code section that refers to granny flats and
guest rooms requires a conditional use permit and would be
conditioned not to have a cooking facility; a covenant is typically
required on the property that would warn future owners that no
kitchen would be allowed; since those are not considered
second units, atwo-car garage is not required; the proposed
ordinance is designed to protect the historic house when
renovations are requested.
Thompson Referred to page 15 of Exhibit C, Item C.2, and requested
clarification regarding full screening of recreational vehicles.
Ogdon Responded that the intent is to address what could be
recreational vehicle blight in residential neighborhoods where
vehicles are parked on driveways or in front yards and perhaps
prevent access to a required parking area or become unsightly;
all recreational vehicles, which are defined in the parking
ordinance as boats, trailers, etc. to be located outside of any
required front and side setbacks must be on a paved surface
and screened from view from the public right-of--way by a wall or
fence and landscaping; some discretion is provided for the
Community Development Director to determine those
requirements.
Kozak Asked if any comments have been received during the public
comment period.
Minutes -Planning Commission May 27, 2008 -Page 12
Huffer Stated she was unaware of any public comments received.
Kozak Noted that in many retail centers vehicles are painted with
advertising for a business that may have a monument sign or
building-mounted sign; these vehicles are parked against the
main street and presents borderline blight; and, asked if this
ordinance will address that issue.
Kendig Indicated that issue is not directly addressed in the proposed
ordinance; there is a provision that prohibits overnight parking in
commercially zoned areas.
Puckett Asked for clarification regarding the restricted parking between
2:00 a.m. and 6:00 a.m.
Kendig Stated that restriction will be part of the other ordinances going
before the Council but is not a part of the parking ordinance
being considered this evening; the direction from Council was
the return to them with a Citywide restriction prohibiting on-
street parking between those hours.
Puckett Asked if the ordinance will cover Irvine and Red Hill where on-
street parking is allowed.
Nielsen Restated the ordinance being considered by the Planning
Commission would deal with off-street parking on private
property.
Kendig Added that was correct; more comprehensive regulations are
also going before the Council.
Murray Requested clarification regarding the signs on vehicles
concerns expressed by Commissioner Kozak.
Nielsen Stated that he noticed a 48-hour exemption was included.
Ogdon Indicated that Code Enforcement officers currently enforce the
Sign Code when people use their vehicles for advertising; if a
vehicle has not been moved and is parked next to the street as
a sign, Code Enforcement requires that the vehicle be moved.
Added that, to provide balance, some businesses would be
allowed to have their vehicles on-site but that other people
would be prevented from abusing the commercial center by
parking on the site; this would also protect residential
communities from commercial businesses operating out of a
home from lining the street with commercial vehicles, having
Minutes -Planning Commission May 27, 2008 -Page 13
their employees come to the house, get into the vehicles, and
go about their business.
Nielsen Asked if the above reference would be applicable to a vehicle
for sale by a property owner would be an exception.
Murray Stated that was the situation he was referring to.
Ogdon Answered that Code Section 9262.1.a allows private vehicles to
be displayed on residential property belonging to or occupied by
the owner for the purposes of temporarily displaying the vehicle
for sale; the display may not occur for more than 90 days.
Nielsen Referred to page 5, Section 92626, and asked for further
clarification regarding the restriction of RVs, boats, campers,
etc. on private property.
Ogdon Stated that this provision works in conjunction with the provision
related to recreational vehicles; if someone moved a vehicle out
of the front yard setback and into the side yard and was
blocking access to the garage, this provision would restrict it
because it would be impeding the access to a required parking
space.
Nielsen Indicated that he knows of homes that have been built for RV
access with the wider setbacks usually on the side yard; and,
asked if this ordinance would create a problem for those
homeowners who own an RV and park it on their property but
do not block the garage.
Ogdon Suggested that this would be a problem for some properties.
Nielsen Asked if that would be due to the lack of screening from the
right-of-way.
Ogdon Answered yes and that some of those proprty side yards are
adjacent to streets and the ordinance as currently drafted would
prohibit RVs from being located within a front or side yard
setback.
Nielsen Questioned whether or not that would be the case even if the
setback was specifically constructed in the original home
construction to accommodate the width of an RV.
Ogdon Answered in the affirmative.
Nielsen Asked if there might be a possibility for accommodating those
homeowners.
Minutes -Planning Commission May 27, 2008 -Page 14
F
i
Ogdon Stated that staff can review that issue.
Nielsen Asked if, on page 6 under Availability 2.b. regarding garage
spaces, the reference is to residential garages and questioned
how that provision is to be enforced.
Ogdon Indicated that this issue is envisioned as being on a complaint
basis only; there is a possibility that the off-street provisions that
are being considered could involve a permit process allowing
exemptions from the on-street prohibition; this might require an
inspection of the property to determine whether or not there is
an actual need for an exemption.
Nielsen Stated that his primary concern regards snooping in residents'
garages.
Ogdon Restated that all code enforcement is complaint-based unless
an officer sees a blatant situation of violation.
Nielsen Indicated he wants to make sure that individual rights and public
safety on private property are protected.
Kozak Interjected with a question whether or not the homes that were
purchased because of an RV accommodation might be
considered a legal, nonconforming use.
Kendig Answered that the issue of a legal, nonconforming use would
arise only if it was initially permitted by the City and had been
legally created.
Nielsen Stated he had a difficulty regarding penalizing people who have
RV use now being cited after 20 years of use.
Thompson Suggested that the situations where garages are used as
storage units pushes the cars elsewhere; the City needs to be
careful about how far to go with enforcement and to find a
balance, but this issue is a problem and needs to be addressed.
Nielsen Stated he would rather err on the side of the homeowner than
on the regulation, unless the situation presents a specific public
safety issue or hazard; protection of homeowners' rights is
important; most of the ordinance seems designed to cite the
people who do not abide by the regulations and use their
garage for storage, or a living area, etc.
Murray Indicated he concurred with Chair Nielsen's remarks; the point
of these types of regulations relates to quality of life issues and
becomes a matter of balance in the spirit of the law and the
Minutes -Planning Commission May 27, 2008 -Page 15
Puckett Added that the process has to begin somewhere; the intent of
this ordinance is not to be "Big Brother" but to bring some
continuity throughout the City; there will be instances where
there are hardships, but the intention is to bring everyone into
compliance; he has acquaintances who use their garage as a
playroom and are not abusing the intent of the ordinance, while
there are people who are using garages for storage and not for
parking; the Planning Commission needs to adopt the
resolutions and provide recommendations to Council.
Nielsen Confirmed that all the Commission is doing at this point is
recommending; this can include language regarding the points
mentioned above.
Thompson Suggested it might be a goad idea to itemize the specific points
as follows:
Page 5 B.1, should reflect the prior codes that have
been complied to for storage of recreational vehicles in
side yards allowing for grandfather recognition.
Page 6, 2, b referring to residents parking vehicles in
garage space may need to be clarified to state it is the
intent that residents' vehicles be parked in garage
spaces but not a mandate that opens up the door for
Department inspectors to investigate how garages are
being used.
Page 15, Sections C.2 and C.3, should allow more
flexibility in the extent of time or flexibility for parking in
the driveway; the garage does not have to be full of
cars before residents can park in their driveways.
Thompson suggested an a. and a b. be added allowing
recreational vehicles longer term parking and allowing
people to park their cars in their driveways.
Kozak and Nielsen Agreed that residents should be allowed to park in their
driveways regardless of the contents of their garages.
With the suggested recommendations above, Thompson moved
approval of the resolutions, seconded by Puckett. Motion
carried 5-0.
None REGULAR BUSINESS
Minutes -Planning Commission May 27, 2008 -Page 20
f STAFF CONCERNS
j 6. REPORT OF ACTIONS TAKEN AT THE MAY 20, 2008,
CITY COUNCIL MEETING.
Ogdon Stated there were no significant planning issues on the May 20
City Council agenda; he would answer any questions the
Commissioners might have.
COMMISSION CONCERNS
Thompson Wished everyone a Happy Belated Memorial Day with special
wishes to those veterans listening from abroad and thanking
them for their service to our country.
Stated he is looking forward to the Chili Cook-off and the State
of the City Luncheon.
Nielsen Asked if Commissioner Thompson had anything to report from
the OCTA committees.
Thompson Responded that he will be finishing his role as Chair on the
t Citizens Advisory next month but had no highlights to share
from recent meetings; the Go Local Committee is still in the
i process of reviewing the applications from the cities; he may
have more to update in the coming months when the process is
complete.
Kozak Stated he is also looking forward to the Chili cook-of and the
State of the City address.
Offered his thanks and compliments to the staff for the agenda
items this evening.
Murray Indicated it is a pleasure for him to work with the members of
this Planning Commission.
Thanked staff for their outstanding work.
Noted he has received good comments from people in the
community regarding the City's being open every Friday.
Offered his congratulations to Dave Wilson regarding his
promotion to Director of Parks and Recreation.
Congratulated the Tustin teachers of the year who were
honored at the Irvine Marriott last week.
Minutes -Planning Commission May 27, 2008 -Page 21
Asked if staff could research and provide suggestions regarding
the use of energy and providing friendly housing and
commercial technologies; this topic will become more and more
important; anything we can do to move in that direction would
be very helpful.
Noted that he had read in the paper that applications are being
taken online the affordable senior housing at Coventry Court.
Stated that Tustin High School has an Education Foundation
that will hold its inaugural fundraiser tomorrow evening at the
Beach Pit BBQ from 6:30-9:30 p.m.
Added that he will be involved as a judge in the Chili Cook-off
and is looking forward to that.
Indicated there was a great article in the newspaper about Lou
Bone and his "district office."
Puckett Thanked staff for the well-documented Housing Element.
Noted he is looking forward to being a judge at the Chili Cook-
offand to attending the State of City luncheon.
Referred to Memorial Day and said he had been wondering if
that holiday has lost some of the emphasis it once had; he
visited Riverside National Cemetery near March Air Force Base
yesterday and found it was packed; it did his heart good to see
all the people honoring those who gave their lives and helped
America to be where it is today and to see the holiday being
properly observed.
Nielsen Stated that he will be a rookie judge at the Chili Cook-off.
Asked Commissioner Kozak if he would be presenting a report
on his historic preservation seminar.
Kozak Replied that he will be attending the Design Guidelines
workshop in the City of Orange tomorrow evening and intended
to combine the two seminars for a presentation during a future
Planning Commission meeting.
Nielsen Indicated he enjoyed the TUSD Teacher of the Year dinner and
encouraged others to attend in the future.
Congratulated Dave Wilson on his promotion to Director of
Parks and Recreation.
Minutes -Planning Commission May 27, 2008 -Page 22
Nielsen continued Suggested that everyone should take Memorial Day and
Veterans Day to remember our veterans; he remembers his
uncle, his aunt, and his mother, all members of the Marine
Corps during World War II; please keep in your prayers all our
service people overseas and in harm's way.
Murray Asked that everyone keep Director Binsack and her family in
their thoughts and prayers during their time of sorrow in the loss
of their mother.
9:50 p.m. ADJOURNMENT:
It was moved by Murray, seconded by Kozak, to adjourn the
meeting. Motion carried 5-0.
The next regular meeting of the Planning Commission is
scheduled for Tuesday, June 10, 2008, at 7:00 p.m. in the City
Council Chamber at 300 Centennial Wa .
Joh ielsen
Chairperson
~~~~ /~~~
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission May 27, 2008 -Page 23
SPECIAL MEETING
TOUR OF CENTRAL TUSTIN
5:45 P.M. - 6:45 P.M.
LEFT CITY HALL AT 5:40 P.M.
TOUR DESTINATIONS:
• Sixth Street and Ambrose Lane, Ambrose Lane, at approximately 5:45 p.m.
• Packers Circle, Packers Square and Village Homes, at approximately 6:00 p.m.
• 12932 Newport Avenue, Tustin Crossings, at approximately 6:15 p.m.
• 14901 Holt Avenue, Tustin Courtyard, at approximately 6:30 p.m.
Nielsen Indicated that, due to a family emergency on behalf of a Planning
Commissioner, there would not be a quorum; the meeting would
therefore be a Planning Committee meeting, and no actions would
be taken.
Kendig Added that the lack of a quorum prevents the Planning
Commission from taking any action; only the agenda items not
requiring action should be considered.
MINUTES
TUSTIN PLANNING COMMITTEE MEETING
JUNE 24, 2008
7:03 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Absent: Commissioners Kozak, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Deputy City Attorney
Justina Willkom, Senior Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
No Action 1. APPROVAL OF MINUTES -MAY 27, 2008, PLANNING
COMMISSION MEETING.
Minutes -Planning Commission June 24, 2008 -Page 1
No Action 2. CITY CLERK'S MEMORANDUM REGARDING SENATE
BILL 343.
This new bill adds some mandates regarding supplemental
materials that have been distributed to a majority of the
Commission members after the agenda packets have been
distributed.
RECOMMENDATION:
Receive and file this report.
Director Stated that the City Clerk provided a memorandum to the Planning
Commission Secretary indicating that any information received by
the Commissioners separate from that provided by City staff must
be made available to staff for public inspection as required by law.
REGULAR BUSINESS
No Action 3. FOLLOW-UP DISCUSSION: TOUR OF CENTRAL
TUSTIN.
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.
Nielsen Thanked staff for the tour which was very informative, as always;
the tour provided an opportunity to see parts of Tustin that one
might not normally see and to see the different types of
architecture and uses.
Puckett Indicated that his earlier request for a tour once a month may not
have been appropriate given all the preparation required; perhaps
every other month would be sufficient.
Nielsen Added that it was interesting to see in central Tustin the mixes of
use, such as Packers Square and some of the homes next to
Tustin High School that were older, perhaps 1920s, next two more
recent condominium projects from the 1980s; it was also
interesting to see the differences between Tustin and the
unincorporated county areas back and forth in those areas.
Stated that action on this item would be deferred to the next
Planning Commission meeting.
Minutes -Planning Commission June 24, 2008 -Page 2
7:17 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Tuesday, July 8, 2008, at 7:00 p.m. in the City
Council Chamber at 300 Centennial Way.
--
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission June 24, 2008 -Page 4
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JULY 8, 2008
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Senior Planner
Eloise Harris, Recording Secretary
None
Approved
Received and filed
PUBLIC CONCERNS
CONSENT CALENDAR
1. APPROVAL OF MINUTES -MAY 27 AND JUNE 24, 2008,
PLANNING COMMISSION MEETINGS.
2. CITY CLERK'S MEMORANDUM REGARDING SENATE
BILL 343.
This new bill adds some mandates regarding supplemental
materials that have been distributed to a majority of the
Commission members after the agenda packets have been
distributed.
RECOMMENDATION:
Receive and file this report.
It was moved by Thompson, seconded by Murray, to approve the
Consent Calendar. Motion carried 5-0.
Continued to 3. CONDITIONAL USE PERMIT 08-009, A REQUEST FOR
August 12, 2008, AUTHORIZATION TO ESTABLISH LIVE
Planning Commission ENTERTAINMENT AS AN ANCILLARY USE WITHIN THE
meeting LIFESTYLE CENTER OF THE DISTRICT SHOPPING
Minutes -Planning Commission July 8, 2008 -Page 1
CENTER AT TUSTIN LEGACY. THIS PROJECT IS
LOCATED AT 2437 PARK AVENUE (LIFESTYLE
CENTER) IN THE SP-1 - MCAS TUSTIN SPECIFIC PLAN
DISTRICT (PLANNING AREA 19 - COMMERCIAL)
ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4097
approving Conditional Use Permit 08-009.
Nielsen Recused himself due to a campaign finance conflict and left the
dais.
7:03 p.m. The Public Hearing opened.
Puckett Stated that the applicant had requested a continuance of this item
and invited anyone in attendance who wished to speak on this
item to come forward.
7:04 p.m. The Public Hearing closed.
Director Requested that the item be continued to a date certain, the first E
meeting in August.
~.
It was moved by Kozak, seconded by Murray, to continue the item
to August 12, 2008. Motion carried 4-0.
Nielsen Returned to the dais.
REGULAR BUSINESS
Received and filed 4. FOLLOW-UP DISCUSSION: TOUR OF CENTRAL
TUSTIN.
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.
Nielsen Reiterated that the tour was very informative, often taking the
Commissioners to places they may not have seen before and
Minutes -Planning Commission July 8, 2008 -Page 2
pointing out different types of architecture; it was interesting to see
the mix of architecture in central Tustin, from historic to high-
density to low-density to commercial; the most interesting aspect
was how all that interacts in a relatively small area.
Thanked everyone involved for the tour.
Puckett Echoed Chair Nielsen's remarks, indicating he went to places he
had never been in his 33 years in Tustin; Scott Reekstin does a
great job preparing the tour materials and providing commentary
along the way.
Nielsen Added his thanks to Scott Reekstin, although he was not in
attendance, and indicated he hoped Mr. Reekstin would be
available to answer any future questions the Commissioners might
have regarding this tour.
Kozak Apologized for his absence from the meeting; and, indicated that
there was alast-minute family emergency which turned out well by
all accounts.
Stated that he would like staff to consider finding a way that the
Planning Commission can be kept informed, perhaps on a
quarterly basis, regarding the ULI studies that are going on
regarding the three study areas. This would help him to put some
context into thinking about the particular areas relating to the
public infrastructure and market-driven development opportunities
for those particular areas.
Director Responded that the Redevelopment Agency is reviewing the
market analysis for the ULI study area; staff can invite Jerry Craig
to come back to an upcoming meeting to provide an update.
Nielsen Remarked that the two Commissioners toured as the Planning
Committee.
It was moved by Murray, seconded by Kozak, to receive and file
the report. Motion carried 5-0.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE JULY 1, 2008,
CITY COUNCIL MEETING.
Minutes -Planning Commission July 8, 2008 -Page 3
Director reported The City Council held a comprehensive Budget workshop prior to
the regular Council meeting; the Commissioners may want to
review the minutes provided in this evening's packets.
There are items of interest related to Senate and Assembly bills on
which the Council will be commenting at the upcoming meeting,
particularly relating to the Regional Transportation Plan, Housing
Elements, and how these bills work together; the Commission may
want to track those due to the potential effects on the City's
residents.
Nielsen Asked the Director to provide a brief overview on those bills.
Director Stated that one is a House of Representatives bill having to do
with flood control insurance premiums for any residents in high-risk
areas; staff has not seen the mapping, but high-risk areas might
be any properties affected by the Prado Dam areas which could
be a large area of Tustin; the premium could be $800 per year or
higher; comments were provided on that bill once before and staff
is proposing that the Mayor send an additional letter regarding that
bill; Senate Bills 303 and 375 are difficult to explain briefly; SB 375
has been in existence for quite a long time; it joins the Blue Print
Plan to the Regional Transportation Plan, and the City has been
opposed for some time because it would tie the planning process
to the transportation process and could tie up the City's funding;
the concern is generally related to the Southern California
Association of Governments controlling the local planning process
which could impact federal funding. SB 303 also relates to
legislation related to the Housing Element and would mandate that
some of the policies identified would require that zoning occur on
identifiable sites within three years; this would force zoning of sites
the City has no control over; SB 303 might not take place if SB
375 passes.
COMMISSION CONCERNS
Thompson Provided an update regarding his role as Chairman of the Citizens
Advisory Committee for OCTA:
He provided an annual report to the Legislative Committee
detailing what the Committee has accomplished during the
past year: participation in roads, to the extent of supporting
the Foothill Corridor South and attending the Coastal
Commission hearing; the appeal before the Department of
Commerce is taking place at the end of this month at UC
Irvine;
Minutes -Planning Commission July 8, 2008 -Page 4
He also participated in a workshop for the South Orange
County Major Investment Study which could impact Tustin
as the boundary is the SR-55 as it relates to traffic and
transportation matters; rail issues were considered and
OCTA projects were supported, even including signage at
Tustin's local station being mare user-friendly;
He was also on a review panel far Go Local applications
and may have a further update in that regard in a month of
so;
• The Committee considered issues regarding buses and
bikes that relate to the Master Plan update.
Congratulated Mayor Amante on his new role as Chairman of the
Foothill Eastern Transportation Corridor Agency, a great
accomplishment for Tustin.
Indicated that on June 9 he attended the launching of the I-Shuttle,
a service from the Tustin statian to John Wayne Airport; this
sounds like a great service; it is free now but there will be a charge
starting in September; perhaps it should be called the IT-Shuttle
since it is a part of the City; that is another issue that would be
outside the Commission's land use purview.
Extended belated Happy Fourth of July wishes.
Offered congratulations regarding the Grand Opening of St.
Thomas More Catholic Church on July 5~'.
Nielsen Thanked Commissioner Thompson for his update regarding the
OCTA Citizens Advisory Committee, which he himself is privileged
to be a part of, and for his leadership that is always subtle, strong,
and informative.
Thompson Responded that it is good to have Chair Nielsen on the Committee
and thanked him for his comments.
Kozak Stated the first Concert in the Park on July 2 at Peppertree Park
was well-attended; the Fenians did a great job as did the Parks
and Recreation staff.
Added that the Parks and Recreation Department also did a great
job at the fireworks production.
Minutes -Planning Commission July 8, 2008 -Page 5
Kozak continued Congratulated Mayor Amante and Mayor Pro Tem Davert for their
respective chairmanships to the TCA and the Orange County
Sanitation District.
Noted that Tustin Pride has announced the Angels in Tustin
project for September in Old Town Tustin; he has added his name
to the volunteer list and encouraged others to do so.
Murray Stated that he enjoyed the roll-out of the I-Shuttle which is a
means of transportation that the citizens of Tustin should take
advantage of, particularly during these times of high gasoline
costs.
Thanked staff for the comments regarding the various bills; it is
helpful for the Commissioners to keep up to date on these bills;
they can move along very quickly and have some long-term
effects.
Offered accolades to the Mayor and Mayor Pro Tem for taking on
their new positions.
Indicated he attended and enjoyed the Fourth of July
extravaganza at Tustin High School; Parks and Recreation did a
great job.
Shared his recent vacation experience of traveling by motorcycle
across the USA on Route 66; this journey provided a fonder
appreciation for all the good things California offers, Tustin in
particular; these are sometimes taken far granted, and it is good to
see the different lifestyles across the country.
Puckett Welcomed back Commissioners Murray, Kozak, and Thompson;
the dais was a lonely place without their presence.
Remarked that Commissioner Murray's account of his vacation
reminded him of an old TV program, Route 66, in which two guys
traveled that route in a Corvette; perhaps a new version could be
developed with two guys on motorcycles, one being
Commissioner Murray.
Stated he attended the Tustin Meadows Parade, in which Chair
Nielsen rode; Kim Leason, Tustin Pride Committee Chair, and all
the volunteers are to be commended for their hard work on this
event.
Minutes -Planning Commission July 8, 2008 -Page 6
Puckett continued Reiterated his remarks from the last meeting regarding his tour of
Prospect Village and highly recommended that the other
Commissioners tour this gorgeous project.
Thanked the Parks and Recreation staff for a great Fourth of July
celebration.
Nielsen Stated that he attended the Budget workshop; the presentations
by the Department Heads were informative; while it appears this
will be abelt-tightening year, it is good to see that the reserves are
in good shape and the planning and forecasting sound.
Indicated he enjoyed the Tustin Meadows Parade, perhaps 20 of
which he has attended over the years in one capacity or another,
and thanked Kim Leason, whose coordination of the event should
be complimented along with all the volunteers who contributed.
Puckett Interjected that he was supposed to ride in a 1964'/2 Mustang
which overheated; as a result, he shared Chair Nielsen's car; he
can guarantee that everyone in Tustin Meadows knows Chair
Nielsen; we should be honored that he chairs the Planning
Commission.
Nielsen Thanked Chair Pro Tem Puckett for his comments.
Noted that he also attended the fireworks extravaganza at Tustin
High School; he has attended this event many times, has worked
in various capacities, and has also attended as a spectator; the
Surf Tones did a great job; the fireworks get better and better
every year; this- was another excellent job by Parks and
Recreation.
Indicated he attended the Chamber of Commerce Gala and the
installation of new officers; it was nice to see those who have
served the Chamber for a year receive their just due in both
serious and humorous ways; it was also nice to see Tustin
businesses of the year honored and to have been on the
committee to select the businesses.
Offered his congratulations to the Chamber for its good service to
the community and to the incoming and outgoing officers.
Remarked that the Angels in Tustin project in Old Town will be a
great service; the Tustin Preservation Conservancy will be
involved and possibly the Tustin Historical Society and the local
Minutes -Planning Commission July 8, 2008 -Page 7
Boy Scouts of America; anyone willing to participate should
contact Kim Leason who is coordinating the effort.
7:28 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled far Tuesday, July 22, 2008, at 7:00 p.m. in the City
Council Chamber at 300 Centennial Way.
Joh 'elsen
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission July 8, 2008 -Page 8
MINUTES
r REGULAR MEETING
TUSTIN PLANNING COMMISSION
JULY 22, 2008
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Nielsen, Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Doug Anderson, Transportation and Development Services Manager
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
f Eloise Harris, Recording Secretary
Approved 1. APPROVAL OF MINUTES - JULY 8, 2008, PLANNING
COMMISSION MEETING.
Thompson Moved the Consent Calendar; and, requested a comparison of the
activity from past years with this year's report.
Nielsen Asked that the Commission take Item 1 as a Consent item and Item 2
as a regular item on the agenda; and, asked for a motion to do so.
It was moved by Murray, seconded by Thompson, to separate the
items. Motion carried 5-0.
It was moved by Puckett, seconded by Kozak, to approve Item 1.
Motion carried 5-0.
2. FISCAL YEAR 2007-08 IN REVIEW
Received and filed
The Community Development Department Activity -Fiscal
Year 2007-2008 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.
Minutes -Planning Commission July 22, 2008 -Page 1
RECOMMENDATION:
That the Planning Commission receive and file.
Director Indicated that staff had prepared a report.
Willkom Presented a PowerPoint slide show and brief commentary, suggesting
that this might answer Commissioner Thompson's questions.
Thompson Stated the statistics were useful.
Puckett Offered congratulations to Code Enforcement; he knows from
experience that the graffiti complaints are handled promptly; the Code
officers are to be commended.
Murray Referred to the award that Code Enforcement received from the
Orange County Human Relations Commission; it is important that Cade
Enforcement know how much the Commission appreciates the work
they do.
Nielsen Commented that one of the big success stories is the real estate Sign
Code; he has talked to real estate professionals who seem to have
adapted well and are no longer taking up the valuable time of the Code
Enforcements officers.
Kozak Echoed the above comments; this is a good gauge of the continued
activity and vibrant nature of the Tustin community from the City Council
to staff; this report should be placed on the City's main webpage; staff
deserves thanks for the work involved in this report.
Nielsen Noted that it is always impressive to see how many permits come
through the City and the valuation of the projects.
Commended and thanked staff for the work involved and prepping the
Planning Commission for their meetings.
It was moved by Puckett, seconded by Thompson, to receive and file
the report. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Adopted Resolution 3. GENERAL PLAN CONFORMITY DETERMINATION FINDING
No. 4098, with FOR THE ACCEPTANCE OF AN EASEMENT FOR FLOOD
correction noted by CONTROL PURPOSES.
staff
Minutes -Planning Commission July 22, 2008 -Page 2
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4098
determining that the location, purpose, and extent of the
proposed acceptance of the dedication of an easement for flood
control purposes is in conformance with the Tustin General Plan.
Reekstin Presented the staff report, noting the first sentence of Section I.A should
read "Orange County Public Works proposes to accept from the City of
Tustin the dedication of an easement"; staff understands from the City's
Public Works Department that it will be quitclaimed to the City, and the
easement will be over the City's property.
Thompson Noted the easement being close to the Irvine boundary; and, asked if
Irvine will need a similar determination.
Reekstin Answered that the City of Irvine will not need to make a determination
because it is within the City of Tustin's jurisdiction.
Thompson Asked if this area would involve any reservation far the planned bike
trails.
Anderson Replied that the piece of property is adjacent to the City of Irvine; Irvine
is currently moving forward with its portion of the Peters Canyon
Channel widening; as part of that widening, the Peters Canyon
Regional Trail (biking, hiking, etc.) will involve the east side of the
channel; on the west side of the channel, per the City's agreement with
the County of Orange, the County will be funding the design and
construction of an equestrian trail all the way to the Back Bay; those are
backbone improvements; the others are funded by the County of
Orange.
Thompson Verified that those are regional trails within the County's jurisdiction.
Anderson Answered in the affirmative.
Kendig Indicated that this was an agendized item, if there were members of the
public who wished to comment, they should be allowed to do so.
Nielsen Invited members of the public to the lectern. No one came forward.
It was moved by Murray, seconded by Puckett, to adopt Resolution No.
4098, with staffs con'ection. Motion carried 5-0.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE JULY 15, 2008, CITY
COUNCIL MEETING.
Minutes -Planning Commission July 22, 2008 -Page 3
Director reported The City Council approved the Fiscal Year 2007-08 Budget; staff can
provide copies to the Planning Commissioners when the document has
been reproduced.
The City Council considered the letters commenting on various Senate,
H.R., and U.S. Senate bills; the City Clerk provided a summary on
pages 5 and 6 of the Action Agenda stating what the Council did on
each of the letters.
COMMISSION CONCERNS
Thompson Stated that he was reappointed for another year as Chair of the Orange
County Transportation Authority Citizens Advisory Committee.
Nielsen Offered his congratulations to Commissioner Thompson whose
leadership led to that well-deserved reappointment.
Kozak Added his congratulations to Commissioner Thompson.
Indicated that he attended another great concert at Peppertree Park;
the Beatles cover band (The Silver Beatles) was excellent; the Parks
and Recreation staff does a great job.
Noted last Thursday evening the Tustin Ranch Golf Club sponsored a
family event, hosting the Surftones, and a great time was had by all; the
next event will be August 215' at 6:30 p.m.
Asked his fellow Commissioners to join him in wishing the Recording
Secretary and her husband a Happy 40t" Wedding Anniversary.
Murray Noted the 2007-08 Year in Review was excellent and gave him some
perspective as to where the City has been and where it is going.
Stated he has heard many favorable comments regarding the City's
new business hours and also the effectiveness of the new permit
process.
Indicated that Tustin Pride's Chair, Kim Leason, has been doing active
recruitment for the committee and would appreciate having citizen
participation to keep the program active.
Shared that he recently received a telephone call from a colleague who
complimented the Director's professionalism and responsiveness to his
issues and concerns.
Asked if something could be done to alleviate the unsightly appearance
of the construction area at Browning and EI Camino Real.
Minutes -Planning Commission July 22, 2008 -Page 4
Murray continued Reiterated the Commission's interest in staff providing information
regarding smoke shop ordinances and a timetable for implementation
~ before school begins.
Puckett Congratulated Chair Nielsen for his decision to sign papers to run for
the City Council and stated his belief that the Chair will make an
excellent Councilman.
Nielsen Thanked Commissioner Puckett and noted those words of
encouragement mean a great deal coming from someone who has
served the community as Commissioner Puckett has, both on the City
Council and two different times on the Planning Commission.
Announced that this would be his last Planning Commission meeting;
he finishes one meeting short of six years, three times as Chair; he was
privileged to serve with many good people and named the following:
• Tracy Worley Hagen, who originally encouraged him to apply;
• Doug Davert, who resigned the seat to which he was appointed;
• Mark Kenny, who provided insight and guidance during his
rookie year;
• Steve Kozak, who was Chair at the time of his appointment;
• Leslie Pontious, always detail-oriented and a model for him; and,
• Chuck Puckett, who always says the right things with a lot of
humanity.
Thanked the current City Council and Mayor Amante for their support.
Thanked staff for their immense amounts of hard work and public
service over the years, Elizabeth Binsack, in particular, who always
provided her expertise and assistance.
Indicated he hoped to serve the City further in the future.
Mayor Amante Offered his congratulations to Commissioner Thompson regarding the
OCTA reappointment.
Stated that Chair Nielsen will be continuing in his work on that OCTA
Committee.
Noted that he is very excited that Chair Nielsen will be joining him on
the campaign trail.
Indicated that this particular Planning Commission has done an
enormous amount of work; what happens at the Planning Commission
affects the lives of 74,000 Tustin citizens and thousands more who
come through our City; the City Council is extremely proud of these
Commissioners and appreciates their leadership.
Minutes -Planning Commission July 22, 2008 -Page 5
Nielsen Thanked the Mayor for his comments.
7:38 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for
Tuesday, August 12, 2008, 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 July 22, 2008 -Page 6
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 26, 2008
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Pro Tem Puckett
Commissioners Kozak, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Ryan Swiontek, Associate Planner
Cari Meyer, Assistant Planner
Eloise Harris, Recording Secretary
PRESENTATION
Presented A framed Certificate of Recognition was presented by Chair Pro Tem
Puckett to John Nielsen, former Planning Commission Chairperson, in
recognition of his many years of service to the Tustin Planning
Commission.
Nielsen Thanked staff, the members of the Planning Commission, and former
Commissioners who mentored him; and, referred to the amount of work
involved in the many projects, especially Tustin Legacy, that were
approved during his tenure on the Commission.
Murray Thanked former Chair Nielsen for his leadership and mentoring.
Kozak Indicated that it had been an honor and privilege to serve on the
Commission with former Chair Nielsen; his demeanor and ability to
manage meetings large and small provided a perspective that will be
missed on the Commission but taken forward to the City Council.
Thompson Stated he appreciated working with former Chair Nielsen and looks
forward to continuing to work with him on the OCTA Citizens Advisory
Committee.
Minutes -Planning Commission August 26, 2008 -Page 1
Puckett Noted that former mayor Don Saltarelli was present in the audience and
probably remembers being in parades and knowing that half the people
do not like you (unless, which Chair Puckett has done, one is riding on
a float as Santa Claus); however, he rode in the Tustin Meadows
Fourth of July parade with former Chair Nielsen where it was apparent
that everyone loves John Nielsen.
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -JULY 22, 2008, PLANNING
COMMISSION MEETING.
It was moved by Thompson, seconded by Kozak, to approve the
Consent Calendar. Motion carried 4-0.
PUBLIC HEARINGS
Adopted Resolution 2. CONTINUED CONDITIONAL USE PERMIT 08-009,
No. 4097, as REQUESTING AUTHORIZATION TO ESTABLISH LIVE
amended ENTERTAINMENT AS AN ANCILLARY USE WITHIN THE
LIFESTYLE CENTER OF THE DISTRICT SHOPPING CENTER
AT TUSTIN LEGACY. THIS PROJECT IS LOCATED AT 2437
PARK AVENUE (LIFESTYLE CENTER) IN THE SP-1 - MCAS
TUSTIN SPECIFIC PLAN DISTRICT, NEIGHBORHOOD F,
PLANNING AREA 19 -COMMERCIAL ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4097
approving Conditional Use Permit 08-009.
7:10 p.m. The Public Hearing opened.
Swiontek Presented the staff report.
Thompson Referred to Condition 4.13 restricting tables; and, asked if tables would
be permissible if, for example, the band was selling CDs.
Swiontek Replied that Condition 4.13 was initially included at the request of the
Orange County Fire Authority and the City's Building Division to ensure
that no fixed objects or seating would encroach into the fire lanes;
tables could possibly be included onstage or in the designated
performance area.
Minutes -Planning Commission August 26, 2008 -Page 2
Thompson Referred to the restrictions contained in Condition 4.13 and the
allowance to review stated in Condition 5.1; and, asked for clarification.
Swiontek Responded that if the applicant wished to pursue seating, tables, tents,
etc., a temporary use permit would be reviewed by the OCFA and the
City and any necessary inspections performed.
Thompson Referred to the restriction regarding alcohol; and, asked, if someone
purchases alcohol at one of the dining establishments and walks with
the alcohol to the performance area, how that would be regulated.
Swiontek Stated that the condition is designed to discourage any use of alcoholic
beverages being brought on-site.
Thompson Asked if the violation fee referred to in Condition 1.5 is a strong enough
deterrent.
Director Indicated that this is the standard condition related to civil penalties; if
an issue were to arise, it would be brought back to the Planning
Commission for modification.
Puckett Invited the applicant to the lectern.
Michael Garner, Indicated there was nothing to add to the staff report, but he was
Vestar Development available for any questions the Commissioners might have.
Murray Asked if there were any challenges/problems with the recent BMX
event held at the District and whether or not there were lessons learned
that will be applied to this process.
Mr. Garner Stated that there were no incidents due to the preparation beforehand;
the tenants enjoyed the event; the systems worked and will continue to
be followed.
7:22 p.m. The Public Hearing closed.
Puckett Noted that Condition 2.5 and 3.3 in the resolution included in the
packets were duplicates; Condition 2.5 is to be deleted and 3.3 remain.
Thompson Indicated that he sees this as a complimentary use to the District.
Kozak Stated his support; and, suggested that Condition 3.4 could perhaps
include language as follows: "signs, banners, or other means of
advertising the event shall not be placed or allowed within the public
right-of-way."
Minutes -Planning Commission August 26, 2008 -Page 3
Murray Thanked staff and Vestar for their collaboration regarding this ancillary
use; and, suggested that Condition 4.3 should include the hour when a ` ~~
function could begin and that Condition 4.8 verbiage regarding offenses
against children.
Kendig Questioned whether Commissioner Murray was referring to violent
offenses involving children.
Murray Answered in the affirmative.
Puckett Stated that he has attended and enjoyed some of the events at the
District; and, added that he feels this is a great use for the venue.
Asked for a motion incorporating the suggestions by Commissioners
Kozak and Murray.
It was moved by Kozak, seconded by Murray, to adopt Resolution No.
4097, with the modifications stated above. Motion carried 4-0.
Director Suggested that the beginning hour should be 8:00 a.rn. since that is
allowed by the Tustin City Cade.
Adopted Resolution 3. CONDITIONAL USE PERMIT 07-023, REQUESTING TO
No. 4099 ESTABLISH AN OUTDOOR RECREATIONAL VEHICLE
STORAGE AT THE APPROVED SELF STORAGE FACILITY.
THIS PROJECT IS LOCATED AT 2631 MICHELLE DRIVE IN
THE PLANNING COMMUNITY INDUSTRIAL (PD-IND)
ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4099
approving Conditional Use Permit 07-023.
7:30 p.m. The Public Hearing opened.
Meyer Presented the staff report.
Thompson Asked for the range of vehicles that can be described as recreational
vehicles.
Meyer Read the description from the Tustin City Code.
Puckett Invited the applicant to the lectern.
Minutes -Planning Commission August 26, 2008 -Page 4
Randy Scott Wong, Stated that he was joined by the former mayor, Don Saltarelli, and
property owner consultant and award-winning self storage architect, Bruce Jordan; the
applicant and property owner have reviewed the staff report, agree with
the staff recommendations, and are excited about the opportunity
presented.
Thompson Indicated the applicant has done a great job exceeding almost every
standard or requirement for providing this use at the site.
Murray Stated he agrees with Commissioner Thompson's assessment; and,
asked if security cameras will be monitored by staff on-site.
Mr. Wong Answered that he has a strong background in the area of security and
has worked to make the facility as secure as possible, including
numerous cameras, multiple screens for on-site managers to view, and
digital recordings which will be available for law enforcement or other
uses.
Puckett Noted that nothing is visible, unlike other recreational vehicle storage
areas that can be very unsightly.
7:44 p.m. The Public Hearing closed.
It was moved by Thompson, seconded by Murray, to adopt Resolution
No. 4099. Motion carried 4-0.
None REGULAR BUSINESS
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE JULY 15, 2008, CITY
COUNCIL MEETING.
Director reported The City Council has set the Planning Commission interviews for
September 2, 2008, at 5:00 p.m. There are three applicants for the
position left open by former Chair Nielsen's resignation.
The Director asked if the Commissioners had any feedback for staff
related to the modified staff report format.
Kozak Indicated that he intended to compliment staff during the concerns but
would do so now; this is an excellent improvement in presenting the
information; Attachment B is especially helpful; the addition of colors in
the graphics and aerial photographs are all good additions to enhance
applications and provide a better understanding in a written form.
Minutes -Planning Commission August 26, 2008 -Page 5
Murray Added that he concurred with Commissioner Kozak's comments; he
likes the color and thinks perhaps this format is more green-friendly.
COMMISSION CONCERNS
Thompson Offered congratulations to owners of the Stagecoach House whose
open house he attended aver the weekend; Lindberg and Dr. Demoritz
have done a tremendous job of bringing back some of the historical
nature of that house in Old Town.
Requested that the Commission and staff consider having one Planning
Commission meeting per month if it is necessary for the City to begin
scaling back due to the dire economic situation; and, asked for a report
evaluating the situation from staff within a month.
Director Responded that staff will bring back a report.
Kozak Congratulated City Councilman Palmer on his re-election to Chair of the
Orange County Housing and Community Development Commission.
Noted that Supervisor Campbell has been elected Chairman of the
Foothill Eastern Transportation Corridor Finance and Operations
Committee; and, welcomed new staff member Whitney Secor who
covers the geographic area that covers Tustin and Narth Tustin serving
as the Supervisor's policy advisor in health care, social services, and
legislation.
Mentioned that Pioneer Middle School has won the Gold Crown award
from the Columbia Scholastic Press Association of New York for their
yearbook The Prowler, there were 380 middle schools competing for
the honor, and Pioneer was the only middle school to win;
cangratulations to the children and to Lori Spiak, the yearbook advisor,
and Tamara Herzfeld of Fresh Ink Yearbooks which is the publisher.
Congratulations are in order to the City and the Redevelopment Agency
for the Association of Defense Communities presentation of the national
award to Tustin Legacy for Base Redevelopment Community of the
Year; that award recognizes "the overall efforts of the local
redevelopment authority whose successful efforts to redevelop a former
military installation is a model for closed base communities around the
country."
Reminded everyone that school is beginning soon and cautioned
everyone to be safe and aware.
Asked staff for information regarding Senate Bill 375.
Minutes -Planning Commission August 26, 2008 -Page 6
Director Stated that staff will prepare a summary for the Commissioners
regarding the ramifications to the City.
Kozak Remarked that this bill deals with the urban sprawl and global warming.
Director Added that the Regional Comprehensive Plan and Regional
Transportation Plan are tied together, and components of SB 303 were
also incorporated into SB 375.
Murray Asked what is happening with the Tustin Cottages.
Director Stated that the project is moving forward.
Murray Asked for an update on Monarch Village.
Director Answered that a demolition permit will be pulled within a week to ten
days.
Murray Asked what is happening with the Drug Emporium in Red Hill Plaza.
Director Responded that Big Lots will be proceeding with parking lot and facade
improvements.
Murray Remarked that there was a very nice article in the local newspaper
regarding Prospect Village.
Noted that Sprouts Farmers Market has opened.
Complimented the City regarding the improvements to the website.
Puckett Noted that Arby's will be going in at the former Rally's on Newport.
Offered congratulations to Supervisor Bill Campbell on his 40-some
wedding anniversary this month.
Wished his wife, Donna, a happy 43~d wedding anniversary; and, noted
they went to Hollywood on Thursday to see Wicked and highly
recommend the play.
Congratulated Parks & Recreation for the successful Concerts in the
Park, which were well attended, and also the Tustin Area Council for
Fine Arts for The Music Man production.
Minutes -Planning Commission August 26, 2008 -Page 7
Puckett continued Congratulated the Tustin baseball team that played at Cooperstown;
and, noted that he himself visited Cooperstown some years ago, a
lifelong dream, and cannot imagine what it must be like to play in that
stadium.
Deferred to Commissioner Thompson for adjournment.
Thompson Asked that the meeting be closed in honor of Luke Thompson as an
"Honorary Planning Commissioner" for this evening; Luke is 10 years
old and has faithfully attended Planning Commission meetings for the
past year.
7:58 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 9, 2008, at 7:00 p.m. in the City Council Chamber
at 300 Centennial Way.
~~ ~
CHARLES E. PUCKETT
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes -Planning Commission August 26, 2008 -Page 8
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 23, 2008
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Commissioner Thompson asked for a moment of silence for the ailing
financial market and the resulting effects on everyone.
Sworn in by the 1. SEATING OF COMMISSIONER KASALEK.
Director
Puckett, Chair 2. PLANNING COMMISSION REORGANIZATION.
Kozak, Chair Pro Tem
That the Planning Commission follow the procedures contained in the
staff report to elect a Chairperson and Chairperson Pro Tem.
It was moved by Murray, seconded by Thompson, to appoint
Commissioner Puckett as Chairperson. Motion carried 5-0.
It was moved by Puckett, seconded by Murray, to appoint
Commissioner Kozak as Chairperson Pro Tem. Motion carried 5-0.
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kazalek, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Justina Willkom, Principal Planner
Amy Thomas, Seniar Planner
Reina Kapadia, Associate Planner
Eloise Harris, Recording Secretary
CONSENT CALENDAR
Approved 3. APPROVAL OF MINUTES -AUGUST 26, 2008, PLANNING
COMMISSION MEETING.
Minutes -Planning Commission September 23, 2008 -Page 1
PUBLIC HEARINGS
Continued to 4. LARGE FAMILY DAY CARE PERMIT 08-008 REQUESTING
October 14, 2008 AUTHORIZATION TO ESTABLISH A LARGE FAMILY DAY
Planning Commission CARE HOME AT AN EXISTING SINGLE FAMILY
meeting RESIDENCE, CARING FOR UP TO FOURTEEN (14)
CHILDREN. THIS PROJECT IS LOCATED AT 14481
PINEBROOK DRIVE IN THE SINGLE-FAMILY RESIDENTIAL
(R-1)ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No.4100
approving Large Family Day Care Permit 08-008.
7:05 p.m. The Public Hearing opened.
Kapadia Presented the staff report.
Murray Complimented staff on the comprehensiveness of the staff report; he
has had experience dealing with this type of item in another
jurisdiction and this staff report was exceptional.
Thompson Asked why large day care facilities cannot be closer together than 300
feet.
Kapadia Replied that state law allows for cities to apply reasonable standards
relating to spacing and concentration; the Tustin City Code requires
the 300-foot distance requirement.
Thompson Asked if Nelson Elementary School provides child care in the morning
and after school hours.
Kasalek Indicated that Nelson does provide child care services.
Thompson Asked how close Nelson Elementary is to the property line of the
applicant.
Kapadia Answered that the Tustin City Code requires that no other large family
day care may be located within 300 feet.
Thompson Stated that he understood that but was trying to understand why, if
Nelson Elementary operates day care, this application seems to
propose a contradiction or conflict with the intent of the law; perhaps
the City Attorney would need time to research this aspect.
Kendig Indicated that the Zoning Code expressly prohibits a location within
300 feet of an existing licensed large family day care home; for a
Minutes -Planning Commission September 23, 2008 -Page 2
conflict to exist, the other facility must be so licensed; this section
excludes schools with the large family day care definition.
Thompson Asked if it would be accurate to say that the intent of the law was not
to have a concentration of successive impacts either by traffic, noise,
and parking impacts by having day care facilities clustered in a certain
area that all have similar arrival and departure sequences.
Kapadia Read from the state law that "it is the intent of the Legislature that
family day care homes for children should be situated in normal
residential surroundings so as to give children the home environment
which is conducive to healthy and safe development. It is the public
policy of this state to provide children in a family day care home the
same home environment as provided in a traditional home setting."
Thompson Asked for clarification regarding the hours of operation and the days
of operation.
Kapadia Responded that the hours of operation are Monday through Friday,
6:00 a.m. to 7:30 p.m.
Thompson Asked for the employment requirements of a large family day care
facility.
Kapadia Explained that the maximum number of children cared for when there
is an assistant provider in the home including children under the age
of 10 who live in the home and the assistant provider's children under
the age of 10 is up to 14 when one child is at least six years of age
and one child is enrolled in school, with no more than three infants.
Thompson Asked for confirmation that the single employee would have use of
one parking space in the driveway, and the other space in the
driveway would be for dropping off and picking up.
Kapadia Answered in the affirmative.
Thompson Asked if the current use is properly licensed.
Kapadia Answered in the affirmative.
Thompson Stated that the letters of complaint raise questions regarding the
current operation; and, asked if staff has seen similar complaints for
this operation or are the concerns associated with the timing of this
application.
Kapadia Indicated that no complaints have been filed with the Community
Development Department previous to this application.
Minutes -Planning Commission September 23, 2008 -Page 3
Kozak Asked if staff was reading from the Housing and Safety Code
1597.465 Large Family Day care Homes in response to the question
regarding the number of caregivers.
Kapadia Stated that she was reading from the California Family Child Care
Home Licensing Regulations, published January 7, 2007.
Kozak Noted that 1597.465 mirrors the quote read by staff; perhaps it will be
necessary to take a closer look at that section during later discussion.
Kasalek Questioned whether or not a second employee would be present on
the premises at all times during the day care operations.
Director Indicated that the Government Code section that licenses these
facilities is not a section enforced by the City, but rather Title 22; the
state agency oversees this; there are different ratios depending upon
the ages of the children; if the children are older, there can be fewer
caregivers; if the children are infants, there must be more caregivers
on-site; therefore, it would be difficult to say there would only need to
be two caregivers; the requirements of Title 22 must be met.
Kasalek Suggested that there should be two adults when there are 13-14
children.
Director Answered that would be correct; fewer adults would be required when
fewer children are being cared for.
Kasalek Asked if it was common to condition the staggered arrival and pick-up
times and how it would be possible to monitor that requirement.
Kapadia Responded that the condition was included to prevent fourteen cars
from showing up at the site atone time.
Kasalek Questioned whether it was specifically for this large family day care.
Kapadia Answered that this format has been implemented in prior large family
day care permits.
Kasalek Asked for verification that the homeowner gave permission for this
increase in the number of children.
Kapadia Stated that permission is required as part of the development
application form.
Puckett Invited the applicant to the lectern.
Minutes -Planning Commission September 23, 2008 -Page 4
Mariela Berrios, Stated that she was the applicant; and, asked that her husband be
applicant allowed to assist her by translating questions and providing answers
in English.
Murray Asked if the fence has been repaired.
Rafael Berrios, Indicated that the fence has been repaired; an inspector came out last
applicant's husband Saturday and accepted it as sufficient; there is a need for the neighbor
and the owner to get together and decide on a permanent solution.
Murray Asked who the inspector was.
Mr. Berrios Indicated that the inspector was from the City of Tustin.
Kasalek Asked if there were swimming pools involved.
Mr. Berrios Answered in the negative; and, added that the fence was leaning
toward the other property.
Murray Asked whether there is a pool on the other side of the fence.
Mr. Berrios Answered in the negative.
Thompson Asked for an explanation of how the traffic works with the current
number of children.
Mr. Berrios Stated that there was a meeting with the neighbors during which the
staggered pick-up and drop-off plan was explained; the parents who
bring their children understand the need for different times.
Thompson Asked for the reason to request the increase in the size of the
operation from eight to 14.
Mr. Berrios Answered that the reason is financial; his wife hopes someday to
open a business that would not be at home.
Thompson Asked how many more employees would be needed if half the
children were infants or small children.
Ms. Berrios Indicated that the numbers are regulated by state agencies; she is not
required to have an employee with eight children but would be
required to add an employee with 14, regardless of the ages of the
children; she has had the employee for about a year even though she
is not required to do so with eight children.
Kozak Requested that the applicant share with the Planning Commission a
typical day based on the current number of children and how that
might compare with 12-14 children.
Minutes -Planning Commission September 23, 2008 -Page 5
Ms. Berrios Explained that most of the children go to school and there are rarely
eight children there at the same time.
Kozak Asked for an explanation of how 14 children would be cared for in an
1865 square foot space in terms of the different needs of the children
and whether or not that space is adequate to care for them.
Mr. Berrios Translated for Ms. Berrios that, even with the increase in the number
of children, the environment is controlled/organized based upon the
requirements of the state agency; the fenced back yard is also
available for the children; the children arrive and are walked to Nelson
Elementary at different times and also arrive after school at various
times; none of the children are at the home full-time; inspectors from
the state agency check from time to time to be sure that the applicant
is in compliance.
Murray Asked if there were programs to accommodate children who are not
school age.
Mr. Berrios Indicated that his wife has implemented the programs that the
Children's Home Society requires.
Murray Asked if the plan would continue to be primarily school-age children.
Mr. Berrios Indicated in the affirmative; and, added that it is difficult to predict what
the ages will be, but she would be allowed to have up to three infants.
Puckett Questioned whether or not the other six children were already waiting
to come in.
Mr. Berrios Answered in the negative.
Kasalek Asked if the current employee is there all day.
Mr. Berrios Responded that the employee is there between 11:00 a.m. and 5:30
p.m. at this time.
Toby Moore Reiterated the points that were included in the letter received by the
Planning Commission relating to traffic control and the problems that
already exist on this street; and, suggested that the Planning
Commission continue this item to allow him time to review the City's
response to his letter, which he received just before the meeting.
Elizabeth "Sissy" Stated that she lives next door to the large day care; having two
Oberlin, residences that are not owner-occupied next door and a 14-child day
14482 Pinebrook care business that will bring more traffic to the streets destroys the
quiet neighborhood she moved into 20 years ago; the increase in
number of children will make the street unsafe for everyone; the fence
Minutes -Planning Commission September 23, 2008 -Page 6
between her yard and the day care facility is unsafe; a child could
climb on it and be severely injured; a temporary fix will not work; she
has a swimming pool and two dogs and does not want to worry on a
daily basis; the fence must be replaced; the safety and welfare of
many of the children and residents are a concern; she has seen
unsafe dropping off of children.
Kozak Asked if the fence Ms. Oberlin described is the damaged fence that
was addressed by the applicant that is between her property and the
homeowner's property.
Ms. Oberlin Answered in the affirmative.
Kozak Questioned whether the two property owners would be responsible for
replacing that fence.
Murray Asked for a description of the composition of the fence.
Ms. Oberlin Indicated it is a dog-eared wooden fence that splinters easily and is
about 15 years old.
Murray Asked if there was a locking mechanism on the fence.
Ms. Oberlin Answered that it is a straight fence that has been damaged by
termites; there is no gate.
Gloria Clemens, Stated she was at the meeting to support the provider; she has been
1593 W. Cerritos, a licensed child care provider for mare than 20 years; she operates as
Anaheim a large day care; when a provider has eight children, no license is
required; when a provider becomes a large care provider with 9-14
children, one assistant is required; it does not matter if there are
infants; the applicant has had an assistant for six months because she
wanted to provide quality child care; family child care providers work
very long hours; they care for children of parents who have unusual
work schedules and perhaps longer hours; she never knows when the
parents are arriving, but they always arrive at staggered times.
Yessika Magdaleno Indicated that she has been a child care provider for seven years; she
12782 Twintree Lane, has had large family day care facility for six years; she attended the
Garden Grove meeting in support of Mariela Berrios; she read the Governor's
statement regarding child care providers and the importance of such
care to parents and communities.
Luz Gallardo, Stated she has been a day care provider for 13 years and enlarged
1313 East 14~h St., her facility because of the needs of the parents who were bringing
Santa Ana their children to her small day care facility; she now has 14 children in
her care because the families have been growing.
Minutes -Planning Commission September 23, 2008 -Page 7
Jose Martinez, Stated he is the property owner of 14481 Pinebrook Drive; he lived at
440 South Pacific, this address for five years and was the only resident who parked his
Tustin cars in the garage; everyone else parked on the street or in their
driveways; his renter is doing everything she has been asked by the
City to do to make the least inconvenience for her neighbors; the
fence will be repaired properly.
Murray Stated his understanding that the temporary fix of the fence met the
City inspection; and, asked if Mr. Martinez was now stating that the
fence will be further repaired.
Mr. Martinez Answered that he wants to do the best he canto protect the neighbors
and children; spending extra dollars to ensure the fence is repaired
will be worth it.
Kozak Questioned whether the plan was to replace the entire fence in
question.
Mr. Martinez Indicated that he will hire a contractor to provide the best solution to
make the fence safe; if this requires complete replacement, that is
what he is prepared to do.
Kozak Asked for a description of the condition of the fence at the north side
of the property.
Mr. Martinez Stated that fence is still in good condition.
Kozak Questioned whether the contractor would also inspect that fence to
ensure that bath sides of the house have safe fences to protect the
children.
Mr. Martinez Answered in the affirmative.
Thompson Asked how long the can-ent tenant has been renting this house.
Mr. Martinez Answered that the rent began in March 2008.
Thompson Asked if the house was rented prior to that time.
Mr. Martinez Stated that he lived in the house for four years; he considers this a
good environment for the children in Ms. Berrios' care.
8:17 p.m. The Public Hearing closed.
Thompson Indicated that he appreciated the people who took their time to attend
the meeting and the enlightenment regarding state law; there is no
question there is value to this service; as a father of four, he
understands the importance of a home environment rather than a
Minutes -Planning Commission September 23, 2008 -Page 8
more structured environment; he also empathizes with the impacts of
the operation; he would like assurance that this approval would not be
in conflict with the day care provided at Nelsen Elementary; it is
important not to set a precedent or create a loophole; Dr, Moore's
comments regarding the arrival sequence and his other suggestions
may require more time for the Commission to be able to address; it is
necessary to ensure there is not adouble-parking situation or other
parking issues; it may be useful to continue this item to address these
issues.
Kozak Thanked Commissioner Thompson for his comments; he shares
some of the same concerns; a continuation seems appropriate to
allow time to review the restrictions from the Health and Safety Code
and the local public agency and the ability of the Commission to
approve the requests; the applicant is complying with the permit
process; parking and traffic are concerns; additional time may be
necessary to incorporate these issues into the final approval; Dr.
Moore's suggestions should be considered; perhaps an additional
condition should be added regarding Title 22; the fence repair or
replacement needs to be addressed.
Kasalek Noted that the staff report made clear that the law states this type of
use must be allowed in residential areas; the traffic problems at
Nelson Elementary and on this street have existed for years; there is
a great need for day care; her concern would be how this will effect a
neighborhood that is already adversely affected; the Commission
needs to consider whether or not this approval would impact the well-
being of others; monitoring the dropping off and picking up and having
staggered times sound like goad ideas but may be difficult to
implement.
Murray Thanked everyone who attended and spoke to this item; child care is
important to everyone; the state mandates these facilities; the traffic
situation will be challenging; over-regulating traffic issues may not be
the answer; having monitored the situation, he does not feel this use
is creating the problem; this applicant should not be penalized for
something that is a by-product of the general neighborhood and the
nearby school; staff will need to determine whether any other traffic
mitigation measures are feasible.
Director Stated that staff has forwarded these recommendations to the City's
Director of Public Works/City Engineer; the conditions of approval
could be enhanced if it is the Commission's consensus to do so; it is
up to the Director of Public Works to decide whether these
recommendations are warranted separate and apart from this
application; this may be a situation for the digital speed monitor that
the City has available for monitoring traffic.
Minutes -Planning Commission September 23, 2008 -Page 9
Condition 1.8 could be modified to allow the Community Development
Department and/or the City Engineer to review this application on an
annual basis and additional conditions could be imposed if there are
nuisance or negative impacts.
Condition 3.12 identifies that the large family day care operation must
comply with the California Vehicle Code and any local traffic control
ordinances or traffic control devices.
There will be monitoring on that street; individuals who live on the
street who are concerned will be watching; the difference will be that
everyone is required to comply with the rules of the road and local
ordinances.
Murray Suggested that the applicant show due diligence in efforts to
accommodate the neighbors; it is important that this be a partnership;
changes always bring some kind of impact; there is a revocation
provision to ensure the conditions are met.
Puckett Noted that he concurred with Commissioner Kasalek; his children
attended Nelson Elementary; he is familiar with the street and the
traffic problems; there is a tremendous need for well-qualified day
care centers; his mother provided such care for years and had a big
impact on the lives of the children in her care; the state laws are clear
regarding what is allowed; Dr. Moore's suggestions are good ones
and something that should be incorporated into the conditions;
children-at-play signs would be useful on that street; perhaps Public
Works would like to comment.
Terry Lutz Stated that those types of signs provide a false feeling of security, are
not in conformance with the Manual of Uniform Traffic Control
Devices, and are a thing of the past; what could be placed on the
street are 25 miles per hour signs and a legend in the street; as
suggested by the Director, the radar trailer could also be placed on
that street.
Puckett Indicated he thought the radar trailer was a goad idea.
Kozak Reiterated that the following enhancements should be added to the
conditions of approval:
• Log sheets
• Pick-up and drop-off plans
• Information sheet signed by the clients to provide protection to
the applicant and the community
• Title 22 condition
Minutes -Planning Commission September 23, 2008 -Page 10
Puckett Noted he is in favor of the project with the stipulations that have been
discussed.
Asked for a motion with the stipulations discussed.
Murray Moved approval.
Kozak Verified that the approval would include the amendments discussed;
and, asked whether or not those should be articulated again for the
record.
Kasalek Referred to Commissioner Thompson's concern regarding the day
care at Nelson Elementary and suggestion of a continuance of the
item in order to allow more time for review of the conditions.
Thompson Reiterated his wish that the approval be clearly understood; voting yes
could conceivably contradict what the City Code intended; it is
necessary that the conditions be very clear and that a loophole is not
being created.
Murray Asked staff for advice in that regard.
Kendig Stated he did not see a conflict when he reviewed the report; one
more exemption was brought to his attention during the discussion:
the applicability of one of the chapters that refers to extended day
care programs operated by public and private schools; given all the
areas to be considered, it may not be clear how it all pieces together;
a continuance to the next meeting would give him time to sort out the
issues.
Puckett Stated his belief that there was not an urgent need to pass the
application at this meeting; and, asked if anyone would be opposed to
a continuance to the next meeting.
Commission It was the consensus of the Commission that a continuance would be
desired if the applicant had no objection.
Murray Amended his motion to continue the item to the next regular Planning
Commission meeting, seconded by Thompson. Motion carried 5-0.
REGULAR BUSINESS
Received and filed 5. SENATE BILL (SB) 375: TRANSPORTATION PLANNING:
TRAVEL DEMAND MODELS: SUSTAINABILITY
COMMUNITY STRATEGY: ENVIRONMENTAL REVIEW
Minutes -Planning Commission September 23, 2008 -Page 11
At the Planning Commission meeting of August 26, 2008, staff
was requested to provide a summary of Senate Bill 375
proposed by Senator Steinberg.
RECOMMENDATION:
That the Planning Commission receive and file.
Willkom Indicated there was no presentation, but staff could answer any
questions the Commission might have.
Kozak Thanked staff for the thorough job on a complicated piece of
legislation; and, suggested that, where mandates have a fiscal impact,
this bill provides no funding; perhaps more important is the usurpation
of local land use planning authority by the state; everyone is
concerned about the environment, but this is another drastic move,
though well-intentioned, at a cost to local land use authority.
Asked if the City Council has taken an opposed position on this bill
with the League of Cities.
Director Answered that the Council has been closely monitoring SB 375;
several letters have been sent in this regard; staff will be forwarding
this report to the City Council.
Murray Thanked Commissioner Kozak for bringing this matter forward; it is of
the utmost importance; and, thanked staff for summarizing very
difficult subject matter.
Thompson Added that he found the information provided by staff very helpful;
and, requested that a future workshop session be planned to assist in
further understanding the impacts of this bill, because the information
being provided in various places seems to be contradictory.
It was moved by Murray, seconded by Kozak, to receive and file the
report. Motion carried 5-0.
Maintain status quo 6. REDUCTION IN NUMBER OF PLANNING COMMISSION
MEETINGS
At the August 26, 2008, Planning Commission meeting, staff
was requested to evaluate the feasibility of reducing the
number of regular Planning Commission meetings from two
per month to one per month.
Minutes -Planning Commission September 23, 2008 -Page 12
RECOMMENDATION:
f
~ That the Planning Commission maintain the status quo.
Director Presented the staff report.
Thompson Thanked staff for the report; and, moved approval of staffs
recommendation.
Murray Added that it is important to also remember that one of the things the
Council has asked is that City business hours be extended in order to
facilitate the public; it would be somewhat contradictory to then lessen
the Planning Commission's hours.
Kozak Reminded everyone that not too long ago the Council directed the
Planning Commission to be the local preservation committee which
requires the Commission to remain available.
Kasalek seconded Thompson's motion. Motion carried 5-0.
Received and filed 7. PROJECT SUMMARY
The summary focuses on the status of projects that the
Planning Commission, Zoning Administrator, or Community
i Development Director approved, major improvements projects,
and other items of interest.
RECOMMENDATION:
That the Planning Commission receive and file.
Willkom Presented the staff report.
Puckett Asked if the plan is to tear down the old Kentucky Fried Chicken and
build a new one.
Willkom Indicated that staff is working with Kentucky Fried Chicken through
the Plan Check process which is almost complete.
Puckett Asked if there is an expected date for the opening of the new Arby's.
Willkom Replied that no date is set but they are moving fast.
Kasalek Questioned whether or not there is an anticipated completion date for
~ the new Library.
t
! Director Indicated the expected date is September 2009.
Minutes -Planning Commission September 23, 2008 -Page 13
Kasalek Asked for clarification regarding Monarch Village.
Willkom Stated that Monarch Village is
independent living, consists of 201
Main Place Church.
a senior facility designed for
units, and is located at the former
Murray Asked what is happening regarding the parking structure at the
Metrolink station.
Lutz Answered that a Cooperative Agreement was just processed through
the Orange County Transit Authority (OCTA); design is expected to
take a year and 18 months to construct; there will be 825 spaces;
there will be no vehicular activity during construction; the station will
be closed except for transit access, pedestrians, and bicycles.
Thompson Stated that he is a train user and is always surprised by how full the
trains are; the stampede out of the Tustin station exceeded what is
normally seen in Irvine; it will be interesting, when construction begins,
to see how high use will be implemented without the parking.
Lutz Added that access to the north of the station is being proposed by the
OCTA; there is also a Cooperative Agreement in process for that; this
will be along the old BNSF railroad spur which would be turned over
to the City for maintenance; the OCTA would be in charge of the
design and construction of that additional access up to Dow Avenue
to serve the Business Park area.
Kozak Asked if there will be additional parking on the north side.
Lutz Indicated the parking will be within the parking structure; there would
be access from the north; there is a possibility of an agreement with a
company called Printronic to allow parking within their parking lot.
Thompson Suggested that is the location where folks are currently stepping over
the fence to get to the station; it will be good to get that area cleaned
up.
STAFF CONCERNS
8. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 2 AND
SEPTEMBER 16, 2008, CITY COUNCIL MEETINGS.
Director reported The City Council awarded the contract for construction of the Citrus
Ranch Park project in Tustin Ranch, the last park site to be developed
in East Tustin.
The City Council approved a cooperative agreement between the
Orange County Transportation Authority and the City far a
Minutes -Planning Commission September 23, 2008 -Page 14
1
I
rail/highway safety enhancement at Red Hill Avenue for the benefit of
the residents in that area.
The City Council held a workshop on September 15th related to both
on-site and off-site parking citywide; as a result of that workshop, the
Council will be holding a public hearing on October 7t" on an item that
the Planning Commission considered some time ago related to the
comprehensive zoning ordinance; the Council will also be considering
at the October 7th meeting some on-street parking restrictions related
to street sweeping, the potential for some permit parking programs in
certain areas, and an administrative citation ordinance also.
Thompson Asked when the process will be completed for the parking ordinance
and related matters.
Director Replied that the first reading will be at the October 7th meeting.
Thompson Asked when the second reading would be.
Director Answered that would presumably take place at the second meeting in
October.
Kendig Added that the ordinance would go into effect 30 days after that; some
of the parking restrictions will be set up to go into effect perhaps 60
days from the effective date.
Director Noted that there are also procedural and administrative issues that
preclude stating an exact date for this ordinance to take effect.
Puckett Proposed that the Invocation be reinstated at Planning Commission
meetings; and, suggested that the Invocation be placed ahead of the
Pledge of Allegiance and the Pledge designee give the invocation.
Commissioners Stated their agreement.
Puckett Requested that this procedure begin at the next Planning Commission
meeting scheduled for October 14, 2008.
COMMISSION CONCERNS
Thompson Stated he attended the Open House for the Cranbrook Senior Living
facility, was very impressed with improvements, and offered kudos to
the new ownership.
Minutes -Planning Commission September 23, 2008 -Page 15
Thompson continued Indicated he attended the Open House far Fluid Research
Corporation on September 6t"; this high-tech facility is a nice addition
to the Tustin business core; this facility demonstrates how Tustin's
industrial area is transforming into smaller uses rather than those
similar to the old Steelcase.
Noted that he regretted missing the Village of Hope Grand Opening
last Sunday; and, offered his congratulations to Councilman Palmer
who is to be commended for this impressive facility.
Offered his congratulations to Mayor Amante who was the No. 1
speaker for the Department of Commerce hearing on the Foothill
Transportation Corridor; there were hundreds of people who
requested permission to speak.
Stated he is looking forward to Tustin Tiller Days, October 3~d, 4th, and
5t" and also the workshop on October 6~' referred to as "Tustin Town
Center: A New Beginning."
Shared that he and his wife are in training for the Multiple Sclerosis
100-mile bike tour from Irvine to San Diego and would appreciate
everyone's prayers that they are successful in this long trek on
October 11-12.
Noted that he has been sponsored by his employer to attend a
President's Leadership class series offered through the BIA for
Orange County and will be attending this class over the next five
months.
Kozak Offered his congratulations to Chair Puckett for his selection as the
Chairperson of the Planning Commission; and, stated he looks
forward to the next year under Chair Puckett's leadership.
Welcomed Commissioner Kasalek; he attended the City Council
interviews; there was no question who was the best candidate;
Commissioner Kasalek is to be complimented on her presentation
that evening.
Echoed Commissioner Thompson's comments regarding the Open
House and Ribbon-Cutting at the Village of Hope; hats off to
Councilman Palmer for his vision and leadership and to all the public
and private sector partners that participated in making the Village a
reality.
Indicated he attended the September 15t'' Parking Ordinance
Workshop and is glad to see that process moving forward.
Minutes -Planning Commission September 23, 2008 -Page 16
Kozak continued Thanked the City for the opportunity to attend the Planning
Commissioners training on September 18th in Los Angeles; many
topical issues were discussed, including sustainability, global
warming, design review; he will share the materials with his fellow
Commissioners.
Mentioned the Tustin Pride and Tustin Conservancy project at 305
and 315 C Street on September 20th where he put in a few hours
working with a lot of young men who did a great job.
Reminded everyone that September 27~' is Graffiti Wipe-Out Day and,
for those who dislike vandalism on public property, this is a chance to
get out there and do something about it: show up that Saturday
morning at the Tustin Police Department between 8:00-9:00 a.m.;
Officer Gordon Margulies is the police coordinator of this event.
Referred to the report in the newspaper and at City Council stating the
Godbe Research headline reads, "Tustin residents 98% satisfied with
their city," and the "overall city performance which includes safety and
community services ranked at 95 percent satisfaction."
Kasalek Stated that it is good to be back on the Planning Commission; and,
thanked everyone for their kind words.
Noted that no one called for her opinion, but she also read the article
referred to by Commissioner Kozak and also is very satisfied living in
Tustin.
Added that Mayor Amante was featured on the Channel 4, 11 o'clock
news, during his speech referred to above.
Murray Offered congratulations to Chair Puckett and Chair Pro Tem for their
selection to those positions and to Commissioner Kasalek as the new
Commissioner.
Commended staff on their comprehensive reports this evening.
Presented accolades to Chief Jordan regarding the upcoming Graffiti
Wipe-Out and the 98% satisfaction rate of the Tustin community,
much of which was based upon the community feelings regarding
safety and partnerships with all the other City departments.
Stated he is ecstatic about Citrus Ranch Park; that project began
while he served on the Parks & Recreation Commission; seeing the
park come to fruition is a personally rewarding experience.
Minutes -Planning Commission September 23, 2008 -Page 17
Murray continued Noted he regretted not being able to attend the Village of Hope Grand
Opening but offered his congratulations to Councilman Palmer on his
great work.
Puckett Thanked his fellow Commissioners for their confidence in selecting
him as Chairperson; and, indicated he would attempt to continue in
the fine tradition of past Chair John Nielsen.
Welcomed Commissioner Kasalek, noting that he has known her for
30 years as a nearby neighbor; and, noted her prior Planning
Commission experience and expertise.
Offered congratulations to Commissioner Kozak on his selection as
Chairperson Pro Tem.
Stated that he will be absent from the next Planning Commission
meeting but knows he leaves the Commission in capable hands.
Thanked staff for the Summary of Projects.
Reminded everyone to attend Tustin Tiller Days October 3-6.
Indicated that he was able to attend the dedication on September 11th
of the Mottoes Wall recently unveiled in City Hall.
Congratulated Commissioner Thompson on his plan to ride in the
100-mile bike ride.
Noted that Huell Howser will be featured on "California Gold" on
KCET September 28~' at 7:30 p.m.; people will be gathering at Beach
Pit BBQ to enjoy the show; everyone is invited.
9:24 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, October 14, 2008, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
TE ZAK
Chair Tem
n --~
ELIZABETH A. BINSACK
Planning Commission Secretary
f
Minutes -Planning Commission September 23, 2008 -Page 18
CHAPTER 2 ZONING
(Ord. No. 1257, Sec. 2, 2-3-2003)
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
1. As specified in the district with which the "
by the provisions of this district ,®
2. Front yard requirement: Layout of
3. Off-street parking:
Page 59 of 113
is combined, unless superseded
(a) Retail stores: One parking space for each 200 square feet and one (1)
loading space for eac ,000 square feet of store floor area
(b) Office buildin~One (1) space for each 300 square feet of floor area
(c) Wholesal nd industry: Two (2) spaces for each three (3) employees, but
not less tha ne (1) space for each 2,000 square feet of the total ground and
building a used for sales, storage, warehousing, or manufacturing; and one
(1) loa space for each 5,000 square feet of floor area
(d) JCestaurants: One (1) space for each three (3) seats
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
(j) The Planning Commission may prescribe the amount of parking for uses not
listed herein.
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:
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CHAPTER 2 ZONING
Page 60 of 113
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.
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 or expend 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
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CHAPTER 2 ZONING
national history; or
Page 61 of 113
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 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
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CHAPTER 2 ZONING
Page 62 of 113
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.
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 Cultural 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 Department on each of these applications.
2. Applications for Certificate of Appropriateness shall comply with the California
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CHAPTER 2 ZONING
Environmental Quality Act (CEQA).
Page 63 of 113
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 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.
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CHAPTER 2 ZONING Page 64 of 113
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.
(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
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CHAPTER 2 ZONING
Page 65 of 113
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 omamentation 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 omamentation;
(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.
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:
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CHAPTER 2 ZONING
Page 66 of 113
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 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
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CHAPTER 2 ZONING Page 67 of 113
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;
(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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City of Tustin Postal Patron
Parks and Recreation
300 Centennial Way
Tustin, CA 92780
i TUSTIN'S ---
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TUSTIN
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Permit #20
Tustin, CA 92780
z, '~ OLD TOWN TUSTIN ~ TUSTIN'S NEW FIRE TRUCK
WATER CONSERVATION ~ CHILI COOK-OFF
TUSTIN LIBRARY ~ STREET PROGRESS ~ TUSTIN LEGACY
~~~~~~ s AND MORE!
BUILDING OUR FUTURE
HONORING OUR PAST
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EL C:A(~iN~ REAL ILE~I'ITE
For over 39 years,
the lot at 450 EI
Camino Real has ~,
been vacant. ;; ~~~~'"~ ;~ ~
Recently, the City ~,~~`~
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set aside $83,000 ~
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to create a unique ,
improvement. The ~ ~~ . `~~
lot was trans- ,~ '~-`
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formed into a
"respite" area, designed to be a place for shoppers to rest and
visitors to reflect on the history of Tustin.
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Landscaping was installed on the vacant lot, along with two
benches. On the new fence, several orange crate labels that were
used for- citrus in the Tustin area at the turn of the last century
were installed for decoration.
Next time you're in Old Town -shopping or eating out -take a
look at the historic crate labels and take a moment to rest on
one of the benches and reflect on Old Town's history.
PROSPECT VILLAGE
On a prominent corner in Old Town -Prospect Avenue and Main
Street -carpenters have been busy with a project that will breathe
life into a spot of Old Town that has been dormant since the 1970s.
Prospect Village, being built by Pelican Properties LLC, will embrace
'ri.; ,
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micro /~w( eoity~r]loa4inq fie ~ '. i. ~ onf
the history of Tustin while creating a usable and memorable new
development. Last year, during demolition of the Utt Juice Campany
building, many historic elements were carefully removed and pre-
served for incorporation into the new development.
I~' IIhJ
4"~
13UILDIC~IG OUh ('UTURL, Hor`IORrtJC OUR PnST
This v~inter, both a commercial space, customized for an upscale
restaurant, and twelve live/work lofts will open at Prospect
Village. In addition to a quaint bricl: and stucco old-fashioned
looking building, the preserved elements will be evident and will
enhance the old-fashioned ioo!< and feel of the building.The
bricks, salvaged from the unit will be incorporated into the com-
mercial courtyard.The alley behind the building will include a
pedestrian walkway with benches, antique street lights, and other
Old Town amenities.Additionally, portions of the cornice were
salvaged and donated to the Tustin Area Historical Society.The
cornice will be recreated and incorporated into the new building.
PLANNING COMMCSSION TOUR AND
EDUCATIONAL SEMINAR FOCUS ON
ARCH[TECTURE OF OLD TOWN TUSTW
Recently, the Planning Commission attended two tours where the
City's Community Development Department showcased architec-
tural styles and historical landmarks in Old Toven.These meetings
were informative to the Commissioners and several citizens who
also participated.
In addition to the technical points that were made, many interest-
ing buildings and businesses were identified. We hope that you
will take the time to explore and view some of the homes, busi-
nesses, and restaurants that help define the history ofTustin's Old
Town.
SOME OF OLD TUSTIN'S ARCH[TECTURALLY
NOTABLE BUSINESSES:
Happy 30th Birthday!
Rutabegorz -Located on Main Street and C Street, this neo
classical building
was placed on the ~ °~,~ r~
National Historic ~~~~'
1
Registry in 1994.
Next year, "Ruta's"~, ~ E
~;,
will celebrate 30
years in its Tustin ~ I
location. Stop in ~
and enjoy the great ~:~ ~ ~~
food and take a few
minutes to admire
the architectural detail of yesterday that has been so well main-
tained. For more information visit www.rutabegorz.com.
o LD TowN ~o~-.-~~~ED
Mc Charles House Restaurant and Gardens -Located near Main Street at
335 South C Street, the Mc Charles House, an award winning restaurant and English
garden, is an outstanding example of Victorian Queen Anne architecture that was
built in 1885.The garden has recently been renovated and is the new home to the
Disneyland Wedding Gazebo.The renovation also includes an art gallery and empo-
rium.The restaurant has seasonal events and hours and the house is available for
special events and retreats. For more information visit www.mccharleshouse.com.
Beach Pit BBQ - In 1915, the stucco-clad Mission-style fa4ade building that is rec-
ognized today as the "Tustin Garage" is located at EI Camino Real and 6th Street.
Currently the garage is being converted into a new restaurant, the Beach Pit BBQ.
The restaurant specializes in smoked bar-b-que. Look forward to the restaurant
opening late this winter. For more information visit: www.beachpitbbq.com.
SOME OF OLD TUSTIN'S NOTABLE HOMES:
-.. :. - -
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320 Main Street -Built in 1928 by investor Will
Ferry, this is one of the few Monterey Revival
homes in Orange County.The two-storied stucco-
clad residence has unique features such as a pair of
multi-paned casement windows and a second floor
balcony.
355 W. 6th Street -This home is an example of
the Tudor Revival architectural style.This circa 1922 home is still clad in its original
stucco and features asteeply-pitched T-shaped roof and a double gable.
302 AStreet -One of the older
homes in Tustin, this Greek Revival was
built in the 1870-80s.This home features
two porches, squares of flash glass, and a
hand-carved railing.
COMMENDATION PROGRAM
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J
Tustin's Commendation Program recognizes an Old Town residence of outstanding
merit every calendar quarter.A decorative sign is displayed at the residence and the
owner is provided with a City paid plaque and recognized at a City Council meet-
ing.This quarter, Council commended 160 South Pacific Street.
CITY SCENE
=- __.
A ,':7 ~' 33 _' :,nr_'J~ the= i-t i'SI: t'_ I-f'?V~;- i!'-71~~,
~a~~ _o: ~(~_ic'~~~~~ _.. r,~~rd d~_v. -~, i.`^~~1tS., par.~s
Ind recr•~:i~_ion, policing and ~•,«~r-v.~_IJilr; in
betvv~1en. V\~'~ hopv yon! k~tlvc been learnir_g
mole a~out :~itv =tail witlJ our features.
~.~on?nle:~tS Cti `iU~ge.~Cf Ol~S fUI' LOpICS t0 CoVel'~
zi?llli ~J_ ?C :d'~~..'kV '(~1)Cda ti7a7c:; ~~. r:;;)~~,
TUSTI N
i
li t!II DING OUR F[7lU RE
li ~.~~:~?R INr (ll ~R ~A ST
KIDS
CORNER
The City of Tustin is proud to introduce Kids
Corner. On October 8th, the City ofTustin's
new pl~~eschool recreation p(-ogram, Kids
Corner, bean. Kids Corner's objective is to
strengthen a child's self image and feelings of
competency by cr°eatively exploring the world
around them through arts and crafts, music
and movement, field trips, story telling and
computers.
Kids Corner is held at the Tustin Family &
Youth Center located at 14722 I'Jewport
Avenue in Tustin for children age three o!~
Tuesdays and Thursdays from 8:3C~ a.m. to
2:00 p.m. and for children age four on
Mondays, Wednesdays and Fridays fi-om 8:30
a.m. to l 2:OG p.n~~. Each session lasts 12 weel«
at no cos!: (some guidelines a.pply).
-n h ~cl ,v ~~ial ility or for ~-ns~ ~ r> t~ ,any
For more information on the history of Tustin, to find out about historical activities u..._,tlor, ,~o~; nia~, i»„A_ ,!, ~ _all:
or Old Town tours visit www.tustinhistor .tom. ~ ~ ~ ~ ~~~~~
y f~3=1) ~~~~u5'y~~
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