HomeMy WebLinkAbout03 CLG Annual ReportITEM #3
TUSTIN
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DATE: JANUARY 12, 2010
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BUfLO1NG Oun Fu7uae
HON00.1NG dU0. PA57
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: 2009 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, 2008,
and September 30, 2009. 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 2008/2009 reporting period. The Annual Report
will be transmitted to the State Office of Historic Preservation on January 13, 2010.
No action by the Planning Commission is necessary at this time. Staff will be available
at the January 12, 2010, Planning Commission meeting to answer any questions you
may have regarding the Annual Report.
Scott Reekstin
Senior Planner
Attachment - 2009 Certified Local Government Annual Report
S:\Cdd\PCREPOR112010\CLG 2009 Certified Local Government Annual Report2.doc
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Professional Qualifications
for
Certified Local Governments Commissioners and Staff
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Name Gh uL` K
Commissioner ,~
Date of Appointment:
Date Term Expires
Pi tG~e I~'
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Certified Local Government procedures require local commissions to meet
specific professional requirements. The commission shall include a minimum
membership of five individuals with all members having demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission
members are encouraged to be appointed from among professionals in the
disciplines of history, architecture, architectural history, planning, pre-historic and
historic archeology, folklore, cultural anthropology, curation, conservation, and
landscape architecture or related disciplines, such as urban planning, American
studies, American civilization, or cultural geography, to the extent that such
professionals are available in the community. Commission membership may
also include lay members who have demonstrated special interests, competence,
experience, or knowledge in historic preservation.
Are you a professional in one of the disciplines associated with historic
preservation?
No
Yes
If you are, summarize your qualifying education, professional experience, and
any appropriate licenses or certificates. Attach a resume.
F'rnfessional C~ualificatinns
for
Certified L.nca[ Governments Commissioners and Staff
Local Government ~~ ~~ ~,~ T 5 ~ ~
Name ~~~~ ~'Iravr~P,~dr~
Commissioner ®' Staff ^
Date of Appointment: 09~ S/6,~
Date Term Expires: ~3/o~~i~
Certified Local Government procedures require local commissions to meet
specific professional requirements. The commission shall include a minimum
membership of five individuals with all members having demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission
members are encouraged to be appointed from among professionals in the
disciplines of history, architecture, architectural history, planning, pre-historic and
historic archeology, folklore, cultural anthropology, curation, conservation, and
landscape architecture or related disciplines, such as urban planning, American
studies, American civilization, or cultural geography, to the extent that such
professionals are available in the community. Commission membership may
also include lay members who have demonstrated special interests, competence,
experience, or knowledge in historic preservation.
Are you a professional in one of the disciplines associated with historic
preservation?
No
~ Yes
If you are, summarize your qualifying education, professional experience, and
any appropriate licenses or certificates. Attach a resume.
~PiE'i ~~' ~ ~ m e- .
Professional C~ualifications
for
Certified Local Governments Commissioners and Staff
Local Government (~/~i D~ 7"ySfir~
Name ~` ./I~l~rr~~ y
Commissioner J~ Staff ^
Date of Appointment: O.S`o /~o .7
Date Term Expires
D3`o ~~~/
Certified Local Government procedures require local commissions to meet
specific professional requirements. The commission shall include a minimum
membership of five individuals with all members having demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission
members are encouraged to be appointed from among professionals in the
disciplines of history, architecture, architectural history, planning, pre-historic and
historic archeology, folklore, cultural anthropology, curation, conservation, and
landscape architecture or related disciplines, such as urban planning, American
studies, American civilization, or cultural geography, to the extent that such
professionals are available in the community. Commission membership may
also include lay members who have demonstrated special interests, competence,
experience, or knowledge in historic preservation.
Are you a professional in one of the disciplines associated with historic
preservation?
~ No
Yes
If you are, summarize your qualifying education, professional experience, and
any appropriate licenses or certificates. Attach a resume.
Professional Qualifications
for
Certified C.ocal Governmenfs Commissioners and Staff
Local Government ~r~ ~ ~~ SUS ~~
Name S~t/>/ /C~ZaKK
Commissioner.J~' Staff ^
Date of Appointment: Dgjc~7~o~
Date Term Expires: D ~ ~o ~ lli
Certified Local Government procedures require local commissions to meet
specific professional requirements. The commission shall include a minimum
membership of five individuals with all members having demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission
members are encouraged to be appointed from among professionals in the
disciplines of history, architecture, architectural history, planning, pre-historic and
historic archeology, folklore, cultural anthropology, curation, conservation, and
landscape architecture or related disciplines, such as urban planning, American
studies, American civilization, or cultural geography, to the extent that such
professionals are available in the community. Commission membership may
also include lay members who have demonstrated special interests, competence,
experience, or knowledge in historic preservation.
Are you a professional in one of the disciplines associated with historic
preservation?
No
X Yes
If you are, summarize your qualifying education, professional experience, and
any appropriate licenses or certificates. Attach a resume.
Professional 4ua(ifications
fdr
Certified Local Governments Commissioners and Staff
Local Government ~ ~ ~ y o~ rvS ~ n
Name /Vl~r~~ l~a~ale%
Commissioner ® Staff ^
Date of Appointment: ~ q~aL`o8
Date Term Expires: ~ 3/d~ ~~~
Certified Local Government procedures require local commissions to meet
specific professional requirements. The commission shall include a minimum
membership of five individuals with all members having demonstrated interest,
competence, or knowledge in historic preservation. At least two Commission
members are encouraged to be appointed from among professionals in the
disciplines of history, architecture, architectural history, planning, pre-historic and
historic archeology, folklore, cultural anthropology, curation, conservation, and
landscape architecture or related disciplines, such as urban planning, American
studies, American civilization, or cultural geography, to the extent that such
professionals are available in the community. Commission membership may
also include lay members who have demonstrated special interests, competence,
experience, or knowledge in historic preservation.
Are you a professional in one of the disciplines associated with historic
preservation?
No
Yes
If you are, summarize your qualifying education, professional experience, and
any appropriate licenses or certificates. Attach a resume.
RESUME
CHARLES E. "CHUCK" PUCKETT
I retired November 1, 2000, after spending 32 years with Hunt-Wesson Foods, Fullerton,
California.
I began employment with Hunt-Wesson (part of ConAgra Foods) in Denver, Colorado in 1968. I
moved with my family to Tustin, California, in 1975 to become District Sales Manager of the Los
Angeles District (Foodservice Division).
In 1992 I left the Los Angeles District to become Senior Chain Accounts Manager and then
became Director of National Accounts in 1994. I held that post until I retired on November 1,
2000.
In addition to serving on the Tustin Planning Commission, I am currently serving on the Board of
Trustees for Hope International University in Fullerton; serving on the Board of Trustees for
Creekside Christian Fellowship in Irvine: serving as President-Elect for the Tustin Community
Foundation and am a member of the board of the Tustin Area Man and Woman of the Year
committee.
Charles E. Puckett
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ELWYNALLEN MURRAY
2061 CHEROJIEB • TUSTIN RANCX • CALIFORNIA • 92742 (7l ~) 730 - 703J
COMMUNITY OBJECTIVE
A responsible and challenging position as a commissioner for the City of Tustin.
EDUCATION
• Class 29 PERT Senior Management Institute for Policing 2003 - Hazvazd 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
• Manage and supervise the Recnutment and Hiring Team.
• Manage and supervise patrol operations in tlu 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 staffprojects, 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. (53.8
million budget).
• Assigned management and operatioffi responsibilities in the Investigations, Traffic, and Patrol Bureau,
Field Training Program and Reserve Officer Pmgram during the absence of tln3 lieutenant.
• Develop budget and recomnoend expenditures for park pmjecb and procedures governing Parks and
Recreation as Commission Chairman for the City of Tustin. (54.5 million budget)
PROGRAM DEVELOPMENT A_ND TRAII~tING
• Develop and coordinate a strategic plan for recruitment.
• Develop a~ 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 presort Comm~mity Oriented policing training.
• Coordinated a~ facilitated development of a new juvenile citation arrest procedure, countywide
domestic violence data system, and new child abuse investigation protocol.
• Coordinate and develop new officer safety training and investigative workshops specific w
investigators.
• Coordinate and preset 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.
• Implement and manage the Irvine Police Department Recruitment Team.
• Develop, coordinate ark 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 assignmettt to the Irvine Police Department Office of Professional Standards.
COMMUNICATION
• Provide mentoring and guidance to subordinates and peers with an emphasis on leadership and career
development.
• Prepare and present staff reports, policy recommendations, commendations and grant proposals for
grant funding.
• Communicate daily with business owners and Irvine Spectrum management, conduct meetings and
prepare correspondence on various public safety matters at the hvine Spectrum Center.
• prepare and deliver training to sergeants statewide on leadership a~ 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
Irvlae Polls Detartmertt: Police Ser4eant
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 Ctnter 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 Otlicer Program, Field Training
Program, developing and presenting COPPS training, and scheduling personnel.
1993-1990 Management and supervision of the Tratlic 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,
1982-1983 Inve~igator -Conduct criminal investigations of crirnea against persons and crimes against
Property. Collateral duties as a SWAT team member and rrserve program coordinator.
1979-1982 Traffic Officer -Enforcement of traffic Taws, accident investigation, motorcycle training officer,
part-time traffic investigator. Collateral duties as SWAT team member and reserve coordinator.
1977-1979 Patrol Offices -Normal patrol duties. Collateral assignments as a field training officer, reserve
program coordinator, crime scene investigator, and SWAT team member.
SPE('iAi-i7.F.D TRAINING
• 2006 POST -Background Investigators Seminar
• 2006 POST -Recruitment Workshop for Managers
• 2006 Diversity Recruitment
• 2005 Incident Management for Terrorism ,I~identa
• 2004 Critical Incident Management for Managers
• 2004 Field Training Program Administration and Management
• 2004 Emergency Response to Terrorism I~idents
• 2003 Internal Affairs Investigation -Long Beach State University
• 2002 Employee Discipline -Beyond The Nuts and Bolts of Discipline - CPOA
• 2002 Ethics Train The Trainer -Southwestern Law Enforcement Institute
• 2002 PERF (Police Executive Research Forum) Subscribing Member
• 2001 City of Irvine -Leadership Training Series
• 2001 Leadership Tomorrow Program -Class 11 Newport Beach
• 2000 Applied Ethics in Police Management -Dana Point
• 2000 Managing Physical Performance Standards -Las Vegas
Nevada
• 1999 ,
Investigation Technology for Administrators -Santa Ana P.D.
• 1999 Challenges of Ethical Leadership - Samoa 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 a~ High Stress Incidents
• 1996 Supervisory Leadership Institute -Class 51
• 1996 Management and Investigation of Homicides -San Jose P
D
•
1995 .
.
Management considerations of Rodney King Incident - CPOA
• 1994 Managing Community Oriented Policing -San Diego P.D.
• 1994 Community Policing for Trainers -San Francisco P.D.
• 1994 Team Building Workshop -Irvine P.D. Management Staff at Lake Arrowhead
• 1994 Sergeant's Workshop -Managing Resources -Santa Rosa
• 1994 Reserve Coordinator Management Course -Golden West College
• 1993 Sergeant's Workshop -Effective Supervision -Santa Rosa
• 1993 Sergeant's Workshop -Implementing COP
Leadership
• 1992 ,
Lawsuits a~ Their Organizational Effects
• 1991 Management of Traffic Safety Program -Cal Poly Pomona
• 1990 Police Civil Liability and Misconduct Complaints -Las Vegas, Nevada
• 1989 Management of Field Training Programs _ Long Beach State University
• 1988 Earthquake Preparedness and Management -San Luis Obispo
• 1987 Effective Supervision and Discipline
• 1987 Promoting Leadership and Motivation -San Diego P.D.
SPECIAL ACffiEVMENT3 AND PROFESSIONAL CERTIFICATES
• 2006 Irvine Police Department Medal of Valor
• 2004 Irvine Police Department Unit Award -Field Training Officer Program Team
• 2003 NOBLE (National Organization of Black Law Enforcement Executives) award recipient
• 2003 Authored and published article "A Partnership Approach to Entertainment Policing"
• 2003 Orange County Human Relations COP Award -Irvine Spectrum Team
• 2002 Irvine Police Department Unit Award -Irvine Spectrum Team
• 2001 State of California CPRS Volunteer Merit Award for Distinguished Service
• 2001 Graduate of Leadership Tomorrow Program - 2001
• 1997 Auditor/facilitator for P.O.S.T. Supervisory Leadtrship Institute Class 61
• 1996 Graduate and class speaker for Class 51 P.O.S.T. Supervisory Leadership Institute
• 1995 Exchange Club Meritorious Service Award recipient (COPPS Training)
• 1995 Received offer of appointment to Lieutenant with the Riverside Police Department
• 1989 Employee of the Month -December
• 1984 Irvine Police Officer of The Year
• 1984 Authored written proposal and ir~lemented 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
• Cormrnmity Services Commissioner Chairman -City of Tustin
• Board of Directors -California Peace Officers Association -Region 1
• Board of Directors -Leadership Tomon-ow, Exchange Club of Irvine, and Orange County Child Abuse
Prevemion Center
RESUME OF JEFFREY R. THOMPSON
41 S West 6th Street
Tustin, California 92680
Cell: 714/231-6270 FAX: 714/544-4846
Email: j~herieCa~integrity. com
January 2009
Community Planning Commissioner for the City of Tustin
Objective
Education CALIFORNIA STATE UNIVERSITY, LONG BEACH
1985-1989 Masters of Science in Civil Engineering; 4.0/4.0 GPA
1981-1985 Bachelor of Science in Civil Engineering; 3.9/4.0 GPA
Professional Registrations
1989-1994 PROFESSIONAL CIVII. 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`~
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, clazified 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 HII.L, Santa Ana, California
Responsibilities included Project Management Consultant for Walt Disney
Imagineering and Deputy Engineer for the City of Los Alamitos. Also served
as the Engineering Services Manager for the Eastern Transportation Corridor,
responsible for permitting and agency approvals with all public agencies.
1985-1995 BERRYMAN & HENIGAR, INC., Santa Ana, California
Began as a Design Engineer and was steadily promoted to an officer of the
company. Various responsibilities included project management for public
agency infrastructure/transportation improvements and Program
Management/City Engineer for various Cities and Utility Districts. As an
officer, served as a Regional Manager for Civil Engineering and Field Services;
Orange/LA County office management with over 100 staff.
Awards/Activities
1985 CSULB Outstanding Student Award for Civil Engineering
1989 Chi Epsilon and CSULB Outstanding Achievement for Thesis
1989-1997 City of Tustin Cultural (Historic) Resources Advisory Committee
1993-Fresent CSULB MESA Program: Planned and participated in student outreach
activities for MAES, 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 Awazd
2~0 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 Com*rn,nity Foundation
2007 -Present Tustin Planning Commission
Page 2
ResjefD90111 City.doc
Resume of Jeffrey R. Thompson
Specific Project Experience Summary and Written References
Available upon request
Page 3
Resjeft)90111 Ciry.doc
Ma1+0~ A. KasalNc
23x2 Caper Tr+s~ Drive, Tustln, CA 82780
(714) 838-1135
mkasaisk~dslbwye.com
A position as a Planning Commissioner for tha City of Tustin.
. Previous experience as a Tustin Planning Commissioner.
• Nearly 30 yeant of ac~rs corrxnurtity service in Tustkt b Orange County.
. co-owner of an l corraacta,g business.
. Proven adlit)r to work in unison witFt City Courtcii and start.
. Common sense approac~t to planning and problem soivirtg.
M~ell~teot» btnirtess courses at Coastline Community and Orange Coast
Colley.
,:,;
• 8 yearn experiertos as a Tustin Plarut&tg Cortxniasiorter.
. 1 year as Chairperson, Tint Plartr>irtg Commissioner.
. Tustin Pubic Scttoois Fotxtdatlort, Board. Merrier.
. Co-d'tair of Tusdrt Pt~lic Schools Fourtdadon D~rwBaur Dasl-.
• Member of Tustktt Base Closure Task Force.
. .Community Vdunteer and Homemaker 1983-present
. City of TustM, Planning Commissioner 1990~199Q
• McOaw LabOrabOrles, Purchasirq Agent 19741983
. Court Appolrtlsd Spacial Advocabs (CASA), County of Orengs; Trafrtsd
advocate end mentor for abused kid.
Tustln Public Schools Foundatlor~ Past Board Member, Co-chair D~oaav~
Dash, Current oorr~tbee member for Tearirer of tlae Year (TOIL D~nvw~r and
DHasaur Dsah.
28 Year Tustin Schad Vokmbeer at Nelson Elsrrterttary, Curie 115ddis Scholl,
Utt AAkkNs Sdwd, and Tustin Hipp Schools; positlt>rts irtckidirtp PTA Pretidertt,
School Site Council President, Aquatks Board, Model United Natktns, Grad
Nice Committee, Carver Day Co-chair artd others.
Volunbees In ChNd AssNLnce (VlCA~ Orartgs County Social Services
Agency; coordinator and member d Speaker's Btxsau.
Saddleback Church; Hospital Visitation Team
. Tustln Publk Schools Foundatlort, Vdunbeer of the Year
Volun~sers ht Child Assistatta, Volunteer of the Year
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
OCTOBER 14, 2008
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Absent: Chair Puckett
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
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Reins Kapadia, Associate Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - SEPTEMBER 23, 2008,
PLANNING COMMISSION MEETING.
It was moved by Thompson, seconded by Murray, to approve the
Consent Calendar. Motion carried 4-0.
PUBLIC HEARINGS
Approved Resolution 2. CONTINUATION OF LARGE FAMILY DAY CARE PERMIT
No. 4100, as amended 08-008 REQUESTING AUTHORIZATION TO ESTABLISH A
LARGE FAMILY DAY CARE HOME AT AN EXISTING
SINGLE FAMILY 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 revised Resolution No.
4100 approving Large Family Day Care Permit 08-008.
Minutes -Planning Commission October 14, 2008 -Page 1
7:05 p.m. The Public Hearing opened.
Kapadia Presented the staff report.
Murray Complimented staff for the due diligence in addressing the substance
of the Commissioners' concems.
Thompson Stated he appreciated the follow-up and legal interpretation regarding
the proximity of Nelson School to this large family day care request;
and, asked for staffs perspective regarding how the fence and log-in
sheet issues presented at the last meeting were addressed in the
conditions.
Kapadia Responded that proposed Condition 3.10 states that the existing six
foot high fence, wall, and gate surrounding the play area shall be
maintained in good condition at all times; Code Enforcement has
been working on the issue; a 10-day notice was issued October 1S` to
both property owners; one of the Code Enforcement officers will do a
re-inspection this week; staff determined that it would be difficult to
track and enforce and could cause vehicles to be at the site longer,
causing increased traffic impacts.
Director Noted that Condition 3.5 was modified to require the day care provider
to conduct a client education program with all existing and new clients
to educate them to the conditions of approval; if the applicant does not
follow the conditions, that would be grounds for theoretical
reconsideration and/or revocation of the permit as a large family day
care, requiring the applicant to go back to small family day care.
Thompson Referred again to the traffic concerns expressed at the last meeting.
Director Stated that the recommendations by residents of Pinebrook for traffic
improvements or enhancements were forwarded to the City's
Engineering Department.
Kozak Mentioned that the other item related to the log sheets; he
understands staffs concerns regarding existing traffic issues; the pick-
up and drop-off plan may not require a log sheet; perhaps with the
client education program could include a requirement to prepare and
keep current apick-up and drop-off plan that would be available to the
City.
Thanked the City Attorney for the memorandum clarifying the issue
raised by Commissioner Thompson at the last meeting.
Murray Asked if the pick-up and drop-off plan referred to by Chair Pro Tem
Kozak could be folded into the client education program in order to
provide direction to the clients regarding pick up and drop off of the
children.
Minutes -Planning Commission October 14, 2008 -Page 2
Kozak Stated he was not referring to a log sheet provided by the applicant;
he was referring to Condition 3.6 and a staggered pick up and drop off
plan.
Thompson Suggested that Condition 3.6 could be embellished to cover the plan.
Director Indicated that Condition 3.5 could be modified to include that an
information sheet would include a pick up and drop off plan to be
reviewed and approved by the Community Development Director.
Kasalek Asked if this would include signatures from the clients stating that they
understand the conditions.
Director Answered in the affirmative.
Kendig Stated his understanding was that the pick-up and drop-off plan
referred to would be reviewed one time
d
an
updated from time to time
by the applicant without review each time by the Director.
Kozak Stated that was a correct interpretation.
Mr. and Mrs. Berrios Indicated they had read the conditions and agreed with everything
that has been said; and, added that they hope this can be approved
this evening because Ms. Berrios has had to turn away potential
clients.
Murray Asked if the fence repair has begun.
Mr. Berrios Replied that the owners are meeting tomorrow and plan to begin as
soon as possible; and, added that the applicant already requires the
parents to sign a log sheet.
Kozak Asked if there were any other speakers.
Susan Muldoon, Stated that she owns the property next door to the applicant; she
12791 Bubbling Well, understands that the legal requirements have been met for this
Santa Ana project; there are already crowded conditions on this street; her
tenant's driveway is sometimes blocked; the plan far staggering arrival
and departure times may not work; the noise created by 14 children
will impact her tenant who sleeps during the day; she was driven out
of the house by the noise on Walnut and anticipates the added
children will create higher noise levels; the street is too short and too
crowded for this increase in children; there have been numerous
complaints about speeding on Pinebrook.
Mr. Berrios Indicated that his wife's clients have been informed of the traffic
issues; he has spoken to the tenant who says he has no objection to
the increase in children; there are never 14 children at the location at
the same time.
Minutes -Planning Commission October 14, 2008 -Page 3
7:30 p.m. The Public Hearing closed.
Thompson Reviewed the various issues; if the conditions are revised to include
the discussion items, he would approve the application; given the
state law, this use cannot be rejected; there is a revocation process in
place if the conditions are not met.
Requested that a Finding be added that there is not a conflict with
W.R. Nelson School as a child care facility.
Kasalek Indicated she is resigned to the fact that state law mandates this use;
the burden will be on the applicant and her clients to meet the
conditions of approval.
Murray Encouraged the applicant to be a good neighbor; how the day care
facility is managed will be the key to its success.
Kozak Requested that staff clarify what language will be added to the
resolution.
Kendig Read the following into the record:
Add Item M as follows: "Based on the analysis of the City Attorney,
the W.R. Nelsocensed large familyrday care homeawith n 300 feet of
is no existing
the property.
Add at the end of Condition 3.6 as follows: "The applicant shall
prepare and keep current apick-up and drop-off schedule and make it
available to the City upon request. The schedule shall ensure that no
more than one (1) vehicle is scheduled to pick up or drop off during
any 10-minute period.
Add the following language (underlined) to Condition 3.15: This shall
include an info sheet, including apick-up and drop-off plan, to be
reviewed and approved by the Community Development Department
It was moved by Thompson, seconded by Kasalek, to approve
Resolution 4100, as amended. Motion carried 4-0.
REGULAR BUSINESS
Received and filed 3. APPROVAL OF CERTIFICATE OF APPROPRIATENESS
REPORT REGARDING OLD TOWN PROJECTS APPROVED
BY THE COMMUNITY DEVELOPMENT DEPARTMENT
FROM MAY 13, 2008, TO OCTOBER 14, 2008.
Minutes -Planning Commission October 14, 2008 -Page 4
RECOMMENDATION:
That the Planning Commission receive and file.
` Thompson Asked for direction whether or not he should abstain from this item
since he is not sure if he lives without 300 feet of any of these
addresses.
Kendig Suggested that a cautionary abstention would be in order.
It was moved by Murray, seconded by Kasalek, to receive and fife the
report. Motion carried 3-0. Thompson abstained.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE OCTOBER 7, 2008,
CITY COUNCIL MEETING.
Director reported The City Council held the first readings on various ordinances related
to off-street parking one of which was based on a recommendation
from the Planning Commission related to the Code amendment,
which was the Comprehensive Zoning Ordinance Amendment that
the Planning Commission considered last May; the second ordinance
related to a prohibition of parking along various designated portions of
Newport Avenue, Red Hill Avenue, and Irvine Boulevard; the third
ordinance related to street sweeping Citywide on public streets; the
fourth ordinance related to code enforcement administrative citations;
the last item related to administrative policy procedures for preferential
permit parking on public streets.
The City Council approved a construction and maintenance
agreement between the Southern California Regional Rail Authority
and the City for rail-highway crossing safety enhancements and safety
measures related to quiet zone implementation at the Red Hill Avenue
railroad crossing; this agreement has been in the works for a long
time, and the City has been looking forwarding to those improvements
at that location.
The City Council approved an economic stimulus program for new
residential developments which is a deferment of development impact
fees for new residential development; fees are typically collected for
development impacts when building permits are issued; the City will
now be collecting those fees at the time of final inspection; this
program becomes effective immediately.
COMMISSION CONCERNS
Thompson Stated he attended the Tustin Tiller Days Opening Ceremony and
Awards event; it was aloes-key event honoring the people who work
Minutes -Planning Commission October 14, 2008 -Page 5
diligently to put the Tiller Days event together; he also attended the
Tiller Days parade which was wonderful, as always.
Indicated he attended the "Tustin Town Center: A New Beginning"
workshop and was very impressed by t omments to thish process of
been putting into opening up public
energizing the three targeted areas within the City.
Noted that he and his wife survived the 100-mile bike tour for the
Multiple Sclerosis fund-raiser.
Asked staff for an update on the commercial design guidelines for Old
Town Tustin.
Director Replied that this was not included in last year's budget; this may be
considered within the Redevelopment Agency's budget; however, the
Redevelopment budget suffered a $1.3 million reduction due to the
state budget.
Kasalek Indicated that she also attended the Town Center workshop which
was very informativ~henstaff andhcomments byte t~ ens of these areas
report prepared by
were well done.
Congratulated Commissioner Thompson and his wife for completing
their bike ride.
Referred to the memorandum received from Councilman Bone
relating to the e-waste pickup at The Ditend'cthOc~ould2be a geeat
10:00 a.m. and 3:00 p.m. and sugg
opportunity for everyone to dispose of electronic equipment.
Murray Added his congratulations to Commissioner Thompson for the bike
ride.
Stated that he enjoyed the Huell Howser KCET program showcasing
Old Town Tustin.
Thanked Kim Leason and Gordon Margulies for the graffiti wipe-out
program they put together.
Reminded everyone that the Dino Dash takes place November 2"d
and contributes to the Tustin School Foundation, and the Mayor's
Prayer Breakfast takes place November 20"'.
Pointed out that Hall of Famer Eddie Murray recently visited the
Beach Pit BBQ in Old Town.
Minutes -Planning Commission October 14, 2008 -Page 6
Kozak Thanked staff for their hard work on tonight's large family day care
agenda item.
Congratulated Commissioner Thompson and his wife for completing
the 100-mile bike ride.
Stated that Tustin Tiller Days was another great event, thanks to
Parks and Recreation and all the volunteers who worked very hard to
deliver a wonderful family/community event.
Noted that the Tustin-based LimonCarr Productions has formed the
Tustin Light Opera; they will debut at the Beckman High School
Performing Arts Center in Grease October 17-26; those interested
may call the box office at 714-731-8320.
Indicated that this Saturday the Old Town Art Walk takes place, will
include a painting contest, and looks like a great event.
Added that, after the Huell Howser presentation, he visited the
blacksmith shop and will be taking an item there for repair.
7:56 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, October 28, 2008, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
..c,~-~~~%t--L'am' _
Charles E. Puckett
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission October 14, 2008 -Page 7
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
OCTOBER 28, 2008
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Deputy City Attorney
Kendra Carney, Deputy City Attomey
Steve Lewis, Tustin Police Department
Dana Ogdon, Assistant Community Development Director
Teny Lutz, Principal Engineer
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
~ Amy Thomas, Senior Planner
Alice Tieu, Associate Planner
- Cari Meyer, Assistant Planner
Gordon Margulies, Tustin Police Department
Brad Steen, Code Enforcement Officer
Eloise Hams, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -OCTOBER 14, 2008, PLANNING
COMMISSION MEETING.
It was moved by Murray, seconded by Thompson, to approve the
Consent Calendar. Motion carried 5-0
PUBLIC HEARINGS
Continued to 2. CONDITIONAL USE PERMIT 08-018 A REQUEST TO
November 12, 2008, ESTABLISH A MASSAGE ESTABLISHMENT. THIS
Planning Commission PROJECT IS LOCATED AT 1076 EAST FIRST STREET,
meeting SUITE C, IN THE RETAIL COMMERCIAL (C-1) ZONING
DISTRICT.
Minutes -Planning Commission October 28, 2008 -Page 1
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4101
approving CUP 08-018.
7:12 p.m. The Public Hearing opened.
Meyer Presented the report.
Asked for background and comparison between the previous use and
Thompson what is being proposed.
Meyer Responded that the business license records indicate that the
which has similar requirements
was acupuncture
,
previous use
regarding parking.
Thompson Asked for an explanation the training certificates required by the
Tustin City Code.
Stated that massage technicians are required to obtain a massage
Reekstin permit from the City; in order to be eligible for this permit, the applicant
must complete 1,000 hours of massage training from a recognized
massage school and must also pass the National Certfication Board
examination for massage; this exam is administered throughout the
country; if those requirements are met, an application may be
for
submitted; these appl"ICaitions go through a rigorous process;
Police Department does a background check that
th
e
example,
includes fingerprinting, past residences, past employment history, etc.
Asked 'rf there was a similar evaluation of the current applicant and
Thompson
business owner.
Reekstin Replied that the massage operator must also have a City permit; the
erator is not required to meet the qualfications to perform massage
op
unless the operator is also a technician; in most cases, the operator is
not a technician; there are no educational or training requirements for
operators who do not perform massage.
Asked 'rf this applicant has been evaluated by the Police Department.
Thompson
Reekstin Responded that might be a question for the applicant.
Stated that it was her understanding this applicant has been through
Director the City's background check.
Questioned whether this is considered a medical use.
Thompson
Indicated that one of the conditions requires that massage be offered
Meyer by appointment only but not necessarily recommended by a doctor.
Minutes -Planning Commission October 28, 2008 -Page 2
Thompson Asked how the permits are differentiated.
Reekstin Stated that massage technicians often work in chiropractic,
acupuncturist, or medical offices; the difference in those cases is that
the doctor is not required to have a conditional use permit because
the primary use would be medical; the business operator would need
to have a massage operator's permit that requires a background
check; the technicians would go through the same process; there are
cases of massage occurring within a health spa or beauty salon; if
there is no doctor present, the use requires a conditional use permit
and massage permit.
Director Added that in cases where there is an acupuncturist, medical doctor,
or chiropractor, that person would be required to oversee the services
being performed; that would not be the case with a pure massage
establishment.
Thompson Indicated that what he is trying to understand is how this would be
different from a medical practice and what allows for private rooms
and those types of features.
Director- Stated the City highly regulates these kinds of uses because of the
possibility for misuse; a day spa does not require a prescription to
have the benefrt of providing massage services; an acupuncturist,
chiropractor, physical therapist, or medical doctor often require a
prescription for massage therapy; the use requested in this application
would not require a prescription.
Thompson Asked ifi staff had received any input from Broadmoor Park, the
residential neighbortiood to the east, or by the Tustin Chamber of
Commerce.
Meyer Answered that no comments were received.
Thompson Asked if staff has gathered background information that was not
included in the Planning Commission packets.
Director Responded in the negative.
Mun-ay Asked for the historical perspective of this location.
Director Suggested that Lieutenant Lewis should address that question.
Lieutenant Steve Stated that he serves as oversight for the Design Review process and
Lewis, North Area works in partnership with Director Binsack's staff; and, indicated he
Division Commander, would answer questions regarding this site.
Tustin PD
Minutes -Planning Commission October 28, 2008 -Page 3
Noted that he visited the location during the day- and night-time hours
Murray and has concerns regarding the aesthetics of the site and the calls for
service to this site.
Indicated that this building, but not this suite, and an adjacent location
Lewis on Newport have received a considerable amount of police services;
there have been 17 different operations and several arrests were
made for various violations, from prostitution to business licensing.
Suggested that the lighting in the area is very poor, several lights were
Murra
y
not functioning; there is heavy shrubbery; this presents a situation at
could prompt problems.
Asked for suggestions the Planning Commission should consider.
Agreed that those are classic problems that cause law enforcement
Lewis problems; the lighting should be in proper working order, the shrubs
should be redesigned or cut back to allow for surveillance
law enforcement and passersby to ensure that
ities b
t
y
un
oppor
nothing illegal is taking place.
Stated that he is familiar with some of the problems associated with
Murray massage parlors; and, asked if the City had anything in place to
address the mixing of males and females on the site.
Answered that the Tustin City Code indicates that if male and female
Director patrons are to be treated simultaneously, the facility must provide
e the Commission presents such an
f
b
or
e
separation; the floor plan
issue because a unisex facility is indicated.
Suggested that the conditions should be mod~ed.
Murray
Concurred with the Director regarding the separation of the sexes;
Lewis unisex facilities create special problems in terms of policing.
Murray Encouraged staff to make that modification.
Asked if the Commission wished the staff to bring a modified set of
Director conditions back to the Commission at the close of the Public Hearing.
Puckett Answered in the affirmative.
Kozak Stated his concurrence.
Kasalek Questioned whether there are other massage parlors in the City.
Staff Answered in the affirmative.
Minutes -Planning Commission October 28, 2008 -Page 4
Kozak Stated that he has had experience with this
type of application;
Condition 2.2 provides that the applicant shall obtain a massage
operator permit and all technicians shall obtain a massage technician
permit; he suggested an addition requiring that the pem7its shall be
displayed so as to be plainly visible at all times for the benefit of the
operator and the patrons.
Thompson Suggested that the facility at Tustin Plaza had problems associated
with the lack of separation of the sexes; he wants to ensure that this
application avoids those same issues and problems.
Director Indicated that staff can bring back an explanation of what went wrong
at that facility; each application has to be considered on its own
merits; the conditions and the ordinance the City has on the books are
good; if someone has the desire to circumvent the rules, he or she
can, just as an individual has the ability to construct a building on a
weekend or do something else without the benefit of building permits.
Puckett Invited the applicant to the lectern.
Fanny Huang, 1076 Stated that the applicant wished for her to interpret.
E. 1 ~ Street, Tustin
Quong Li, applicant Stated that she is the owner, she has a massage license and 1,000
hours of instruction; she would answer questions from the
Commission.
Murray Asked if this was her first opportunity to engage in this type of
business.
Ms. Li Answered in the affirmative.
Murray Asked how much experience she has in this area.
Ms. Li Replied about one and a half years.
Murray Asked if she was the sole owner of the business.
Ms. Li Answered in the affirmative.
Mun'ay Questioned whether Ms. Li would be working alone or hiring other
people.
Ms. Li Answered that she would hire one massage therapist and three facial
assistants.
Murray Asked if she would be working alone or partnering with her assistants
and whether or not she would be on-site during the hours of
operation.
Minutes -Planning Commission October 28, 2008 -Page 5
Indicated that she will be attending school but would have a manager
Ms. Li on-site in her absence.
Murray Asked for information regarding the manager.
Ms. Huang Stated that she would the manager.
Asked Ms. Huang to state her background.
Murray
Answered that she is a full-time cosmetologist and works in the salon
Ms. Huang full-time; she will alternate her hours when the spa opens in order to
provide coverage.
Asked Ms. Huang to state which cities she has worked in.
Murray
Ms. Huang Stated she has worked in the industry for nine years in Roland
Heights.
Puckett Asked if Ms. Li and Ms. Huang are related.
Ms. Li Answered in the negative.
Asked ff the applicant had anything to add.
Puckett
Ms. Huang Stated that it is Ms. Li's intention to prevent any misuse of this
rovide astress-relief environment.
and to
t
p
y
proper
7:43 p.m. The Public Hearing closed.
Recapitulated the following open issues that needed to be considered
Thompson during discussion:
Light/landscaping; recommendations from staff and the Police
Department addressing these issues
Separation of the facilities concerning the sexes
Better input from the Chamber
Outreach to the residential neighbors
Added that he would be inclined to corrtinue this item to allow time for
staff to address these issues.
Murray Stated his concurrence with the concerns stated by Commissioner
Thompson.
Kozak Agreed with the above comments; the property owner needs to get
involved because some of the issues are not the tenant's f
responsibility; Condition 2.2 should be amended per his request ~
above.
Minutes -Planning Commission October 28, 2008 -Page 6
Kasalek Asked if the police have routine monitoring of these uses.
Lewis Answered in the affirmative; and, added there is a very aggressive
team that monitors all such locations and the various advertising
outlets that may be used.
Puckett Stated he agreed that the item should be continued and requested a
motion to do so.
It was moved by Murray, seconded by Thompson, to continue this
item to the next Planning Commission meeting, Wednesday,
November 12, 2008.
Kozak Asked if the two-week period would allow staff enough time to
accomplish the Commission's requests for mod~gtions.
Director Responded that the next meeting of the Commission would be
acceptable.
Adopted Resolution 3. REVOCATION OF CONDITIONAL USE PERMIT 98-029 AND
No. 4103, with one LIVE ENTERTAINMENT PERMIT AT 14131 RED HILL
rnodfication, AVENUE IN THE RETAIL COMMERCIAL DISTRICT (G1)
recommending ZONING DISTRICT.
revocation
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4103
recommending that the City Council revoke Conditional Use
Permit 98-029
7:51 p.m. The Public Hearing opened.
Thomas Presented the staff report.
Thompson Referred to the fines assessed; and, asked for the amount required to
be paid by this applicant.
Thomas Indicated there was a settlement with Mr. Smith in the amount of
$4,200; the total assessment exceeds $25,000.
Director Provided further clarification that staff intended to proceed with the
revocation at that point; the stipulated agreement required the
payment of half the enforcement cost; because the business was
being sold, the City agreed not to proceed with th
e revocation at that
time if the sale proceeded and the new owner would comply with the
conditions of approval; there are no fines or fees outstanding at this
point; the purpose of the dollar amount shown was to indicate the
actual cost the City has incurred to date since 2005, regarciless of
whether or not any reimbursement was received.
Minutes -Planning Commission October 28, 2008 -Page 7
Thompson Stated that he trusts there is a mechanism for recovery of those fees
should there be some sort of further due process.
Director Replied that would require due process before the Planning
Commission and the City Council for any reimbursement to occur.
Thompson Asked for clarification regarding the role of the Alcoholic Beverage
Control (ABC) in this situation.
Kendig Answered that ABC and the City have a regulatory role; the City
issues the conditional use permit; ABC issues the 47 permit.
Thompson Asked if ABC relies on the City for due process or ABC is also
processing some extermination of permits.
Director Stated that staff had a discussion with ABC staff and were advised
that there is a transfer pending; staff advised ABC staff of this
revocation hearing, making it clear that the Planning Commission is
only a recommendation body to the City Council; ABC staff asked
what the timeframe might be because a determination needs to be
made by them whether or not to approve the transfer within a certain
amount of time; it was made clear that, at this time, there is a valid
conditional use permit; ABC staff is inclined to approve the transfer
based on the permit being in effect; staff informed ABC staff that the
floor plan for a different use than. the one for the original condition use
permit would require a different consideration and/or approval; ABC
staff had not been made aware of that; ABC staff is waiting for the
outcome of this revocation in order to determine oro a as two bS smeone
approval; if the City had never granted an app
went before the Department of ABC to request a license, ABC would
ask whether or not an approval use existed; if the City signed off on it,
ABC would grant a license; since a conditional use permit has been
granted, everything is in motion; if the ABC license is transferred, it is
likely the Department of Alcoholic Beverage Corrtrol will not revoke
the license.
Thompson Questioned whether ABC would take action despite the conrems and
the volume of violations.
Director Stated that there is a possibility that, if the conditional use permit is
revoked, ABC will not transfer the license; however, if there is a valid
conditional use permit, the Department of ABC will likely transfer the
license.
Thompson Referred to the thoroughness of the report; and, asked why it would
take so long to process a revocation.
Replied that with the conditional use permit the property owner/
Director ri ht; staff attempts to give
business owner have a property g
Minutes -Planning Commission October 28, 2008 -Page 8
individuals every opportunity to comply with the law and the
conditional use permit property rights that have been granted to them;
all City staff believed that the last business owner would comply with
the conditional use permit; several hours were spent going over the
conditions of approval, asking if there were any questions or concerns
with implementing any of the conditions of approval, and were
assured there would not be; staff believed that business owner would
thrive and be a welcome addition to the business community;
unfortunately, that was not the case.
Murray Complimented staff for the compilation of the detailed report; it seems
the business owner had every opportunity to comply with the law;
pefiaps Code Enforcement and Public Safety could provide further
information and opinion regarding this location.
Steen Stated that he spent a great deal of time documenting the violations
and putting together the investigative report before the Commission;
staff had every reason to hope the business owner would have a
legitimate business and prosper in the City; as the evidence shows
,
that did not happen.
Murray Asked if it was his professional opinion that the owner was provided
every opportunity for these conditions to be corrected.
Steen Answered in the affirmative.
Margulies Stated that he has been a Tustin Police Officer was 18 years; he is
the administrative assistant to the South Area Commander
,
Lieutenant Charlie Celano; at an early meeting with these new
owners, all the law enforcement concerns were discussed and the
new owners provided reassurance that things would be different; that
has not been the case; the statistics show that the
amount of hours
spent in relation to this business are enormous.
Added that the ABC investigators are sworn police officers; they are
undercover and operate along with the Cites undercover operatives.
Murray Asked if there are other similar establishments in the City
Margulies .
Responded there are none that are pure nightclub operations with no
restaurant facilities.
Thompson Refen'ed to the graph presented in the staff report; and, asked what
the nature might be of the difference in these establishments.
Margulies Indicated that any establishment that serves alcohol has the potential
for police involvement; with an establishment whose income is based
solely of the sale of alcohol, there are more problems; the other
establishments vn the graph as bona fide restaurants that serve
alcohol; the more serious problem stems not just from the number of
Minutes -Planning Commission October 28, 2008 -Page 9
calls but also the nature of the incidents and the number of officers
required to respond, officers that may be needed elsewhere in the
City.
Murry Suggested that this is aquality-of--life issue and has citywide impacts.
Y
Margulies Concurred with that suggestion; and, stated that often calls come from
the neighboring apartment building whose upstairs residents look
down on the location and are often disturbed by questionable
activities in the parking lot.
Puckett Invited the applicant to speak.
Charles Farano, Stated that he had very little time to review the document presented
applicant's attorney this evening; much of the information was based on a time period that
preceded his client's business operation; there were problems with
the prior owner that should not be attributed to the most recent owner,
Matt Huston; the primary use was as a restaurant; due to the lack of
time to prepare for this hearing, he respectfully requested a
continuation of the item.
Kasalek Referred to Mr. Farano's mentioning that the primary focus of this
business was a restaurant, not a bar, and asked if he had an answer
for all of the flyers that refer to activities that are not related to serving
restaurant guests.
Mr. Farano Indicated that he would need to find out when those flyers were
posted; he had no answers or excuses for the activities that were
occurring outside the parameters of the conditions of approval; there
were occasions when third parties sponsored and advertised events
at the restaurant; Mr. Huston generally closed when he was required
to under the terms of the conditional use permit.
Kasalek Pointed out that many of the offenses clearly were presented under
Roderick's, such as one advertised for Saturday, June 14, 2008.
Mr. Farano Stated that, in yoking at the report, it would be incumbent upon the
Commission to present an accurate picture; any references to events
before Mr. Huston's ownership should be eliminated; it is important to
know what percentage of the violations involved Mr. Huston's
restaurant; the accuracy of the graph representing similar uses should
be more closely investigated, especially regarding the dates.
Kasalek Noted that there is much more involved in the revocation than just the
police acctivity; the flyers represent violations regardless of what the
police involvement might have been; Mr. Huston was responsible and
the owner should have known what activities were taking place.
Minutes -Planning Commission October 28, 2008 -Page 10
Mr. Farano Agreed that was tnae; added that Mr. Huston should have an
adequate opportunity to respond to the report; adequate notice was
not provided for him to do that.
Kozak Directed Mr. Farano's attention to Attachment F of the staff report that
contains an investigative report; if one draws a line above the date Mr.
Huston assumed ownership, there are multiple occurrences below
that line of functions that did not comply with the conditional use
permit; this clearly suggests the events did not promote the
betterment of the community and clearly shows disregard for the rules
and regulations imposed on this permit; revocation is not taken lightly
by the City; it is important to stick to the facts; there is no reason to
continue this item.
Murray Added that the record speaks for itself; the documentation provides
the information required to make an appropriate decision.
Thompson Noted that this is something that deserves detailed attention; and
,
asked for clarification regarding the February 2006 date as to whether
that was the time of transfer of the business.
Mr. Farano Answered in the affirmative; that was also the a
settlement by and between the old owner, Fitzgerald the new owner
Huston; and the City.
Matthew Huston,
Roderick's o Stated that he is a businessman who tried to open a restaurant in the
wner City of Tustin; he opened his restaurant October 16, 2006; he
invested approximately $50,000 to upgrade the equipment
hire an
,
Executive Chef, etc.; he received this packet of information this
evening; 75 to 80 percent of the information relates to the former
owner; he was nominated for Business of the Year in 2007; he
supported Miss Tustin and was a Chamber member, he held Tustin
charity poker tournaments two years in a row for Miss Tustin; he
hosted Chamber of Commerce luncheons, Tustin Lions' luncheons
,
etc.; one month after he closed the restaurant and two weeks before
he was to close escrow, this revocation happens; he questions
whether he is being evaluated on his m
it
er
s, as the massage use
would be.
Thompson Stated that he was attempting to follow the suggestion of Mr. Huston's
attorney to separate the past from the current; if July was the date of
transfer, the first 14 attachments relate to the past; the remaining 24
attachments relate to Roderick's.
Mr. Huston Intem.rpted to state he had every right to a DJ and dancing under the
terms of the conditional use
permit and his entertainment license; he
did not begin the dancing until more than a year after he opened; he
could not make it as a dinner house.
Minutes -Planning Commission October 28, 2008 -Page 11
Thompson Stated that most of the attachments relate to the present; it was
represented earlier in the staff report that what defines a bar versus a
restaurant is the requirement that more than 50 percent of the
revenue be from the restaurant.
Indicated that the split has to be 50/50, not only with the City but also
Mr. Huston ABC; he was audited twice; his CPA, who works for the City of Tustin,
audited his books and sent both audits to the Planning Commission
[sic]; t~th met those standards.
Indicated that the audits were inadequate due to no backup being
Thompson provided.
Mr. Huston Restated his CPA sent the letter.
Suggested that a letter idenfrfying revenues is not backup.
Thompson
Insisted that staff had not provided him with any feedback related to
Mr. Huston the inadequacy of his audit report.
Thompson Asked 'rf Mr. Huston was made aware of the prior difficu~ies and
challenges of this site.
Mr. Huston Answered in the affirmative.
Thompson Suggested, contrary to claim by the the applicant and his attomey,
ontained in the exhibits had been seen
t
s c
that most of the elemen
before; many of those documents were letters written directly to Mr.
Huston or his attomey.
Indicated that was incorrect; the problems about which he was notified
Mr. Huston were that Mr. Fitzgerald was not serving food- at all, and the City was
planning to revoke his conditional use permit because he made no
attempt to serve food; he also did not supply financials to the City.
Noted the point he was trying to make was that it was stated Mr.
Thompson Huston had not seen the information before although most of the
letters were addressed to him; and, questioned whether or not he had
in fact not received the letters.
Mr. Huston Stated that the only communication he received was from Mr. Steen
ns; whenever he was
" si
in
it
L
"
g
g
er
o
No
regarding signs, banners, and
ok care of the problem; when he received
t
h
o
e
told this by Mr. Steen,
the letter regarding the financial report for an audit, he volunteered to
print the information from his computer, provide it to a CPA that works
for the City, and he would get the audit to the City; he got to know
many police officers when he first opened, because they were
they always told him he had no
t Fitz?s
i
;
ty a
accustomed to the activ
problems similar to Fitz's; he closed the restaurant almost two months
Minutes -Planning Commission October 28, 2008 -~ Page 12
ago; the police were called out fewer than five times; if they chose to
put him under surveillance, he would like to see those complaints
requiring so much police time.
Thompson Suggested that Mr. Huston's response indicated he had received the
letters; he may have taken some actions; in any case, he did receive
the letters.
Mr. Huston Asked for clarification.
Thompson Referred to the July 21, 2006, letter.
Mr. Huston Stated he opened October 2006. .
Thompson Indicated he understood, but Mr. Huston was the owner.
Teresa Huston, wife Stated they did not transfer ownership until August 2006.
of Matthew Huston
Thompson Noted that was the third date he has heard: February from Mr.
Farano, July from Mr. Huston, and now August from Mrs. Huston.
Mrs. Huston Stated the transfer took place in August 2006; the restaurant officially
opened for business October 16, 2006; regarding the letters referred
to by Commissioner Thompson requesting that an audit take place:
those were responded to by Larry Friend, their CPA; those letters
were then sent to the City; whenever the City contacted them, it was
both at the restaurant and their home; they only found out about the
other violations through their buyer, they have been closed since the
last week of August or first week of September 2~8; they have been
in escrow; everything was being transfe-red; the buyer went to the
Planning Commission [sic) to speak with them; he was told that the
Hustons were in violation; he then called escrow with that information;
the escrow ofFicer called the Hustons; they indicated they did not
know what he was talking about; if the Planning Commission wants to
talk about the due process of law, perhaps the Hustons should have
had a fair amount of time to correct these problems; no one ever told
them the audit was unacceptable; the Hustons were, in fact, operating
as a restaurant in a beautiful dinner house; many of the people in
attendance ate at Roderick's; the 2007 Man/Woman of the Year
celebrated at Roderick's; Councilman Bone visited their restaurant
every week; the Hustons could bring other people in to verify they
operated as a restaurant.
Kasalek Asked the Hustons if they were aware of the promoter of the various
events showing MySpace ads indicating the closing time was 2:00
a.m.
Minutes -Planning Commission October 28, 2008 -Page 13
Answered in the affirmative; whenever someone wished to have a
Mr. Huston private party, he insisted that a buffet be included, although the
~
,
restaurant was not open for regular dinner items; there were
en up to an hour later than albwed; he `'
ed o
ta
h
p
y
e s
occasions where
had to do that to survive; he did not have the types of problems that
existed at Fitz's; to revoke the conditional use permit after he has
been closed and when new owners want to take over is wrong.
Lany Smith, the
if there had been any
Stated that Mr. Huston was his tenant;
notification to Mr. Smith of these problems, he would have been dawn
property owner there to confer with Mr. Huston and his wife to correct these problems;
the first paperwork he received was the staff report this weekend; no
prior communication was received by him; some of the locations
h had fewer calls because they were closed.
ra
the
i
p
g
n
referred to
Referred to a letter dated September 18, 2006, to tarry R. Smith with
Puckett the subject line: "violations of conditional use permit."
Indicated that letter was in reference to F'~tz's; once Mr. Huston took
Mr. Smith possession and opened for business, not a single document was
before the packet over the weekend; if the
hi
m
received addressed to
conditional use permit is cancelled, he will not be able to apply for a
new one for a year, resulting in a blight on the City; the building had
been boarded up for a number of years before he purchased and
renovated it; the building was in terrible shape.
Mr. Farano Reiterated that the only appropriate use for this building is a
restaurant; the revocation of this conditional use permit will result in
worse problems than exist now; he urged the Planning Commission to
consider some action that would not prohibit a restaurant use.
9:21 p.m. The Public Hearing closed.
Stated that revoking a conditional use permit is a very serious matter,
Thompson he appreciates the sensitive balance between a family's income aril
the responsibilities of compliance; Condition 1.8 shows dates of 2005
that perhaps should have been 2008; the presentation provided
rt of the staff report to Council; Mr. Farano's
should be made a pa
comment regarding a distinction between the past and present activity
should be considered; there are strong reasons for a reach back into
the past to the prior business; the report states that; there is a
s and then not deliver, Attachment 9 in a
i
se
tendency to make prom
letter to Mr. Farano, May 6, 2006, contains information regarding prior
violations; a letter dated May 3, 2006, from the Director, clearly states
that certain activities would not be countenanced but aggressively
pursued; the documentation proves the ongoing nature of the I
t that he must support the recommendation
violations; it is with regre
for revocation of the conditional use permit.
Minutes -Planning Commission October 28, 2008 -Page 14
Murray Indicated that Commissioner Thompson summed up Commissioner
Murray's concerns and thoughts; it is important to separate some of
the issues from the past from the present issues; the historical
perspective has substance' th
e Planning Commission would be
negligent in ignoring the repetitive violations; the Planning
Commission exists to promote business, but the aim is to address the
issues for the community; based upon the information presented and
staffs recommendation, he supports revocation of the conditional use
permit.
Kozak Reiterated that the process is not a casual exercise; he appreciates
the comments of staff, the applicant, property owner, and the
operator's attomey; he has separated the facts between the past and
present operators; his decision is based on current facts and events;
promises and representations were made and not kept; the body of
evidence is overwhelming for the revocation of the conditional use
permit.
Kasalek Asked for clarification from Lt. Lewis whether or not the owners are
notified when such violations occur.
Lt. Lewis Answered that the notification depends upon the situation; multiple
surveillance operations took place; he was not privy to the overall
tactics or goal; the Police Department might have been building
information to perhaps present to ABC or staff to devise a game plan
t - to address the problem.
Director Added that, once the Community Development Department was
notified that the conditions were being violated, Code Enforcement
began building a case, because it did not appear this was going to be
a legitimate operation; there were complaints from residents that the
business operations were being conducted more like a club or bar
than a restaurant facility; per the settlement agreement, Mr. Smith and
Mr. Farano told staff the conditions of approval would be complied
with; once staff discovered there was no backup to the audit requests,
it was determined to be functioning as a club, not a restaurant.
Kasalek Questioned whether the contacts with the attomey and the owner
were consistent from the beginning.
Director Replied that the contacts began with Mr. Fitzgerald, Mr. Smith, and Mr
Farano; when the permit transferred., staff met with Mr. Huston, Mr.
Smith, and Mr. Farano.
Kasalek Indicated she was somewhat concerned that the C'
communicated as much as it should have; the totap change n the
operation from a good restaurant to promoters remains her concern;
adjacent to that property is a two-story apartment building with
families, a market, and people coming and going, which makes this a
Minutes -Planning Commission October 28, 2008 -Page 15
poor choice on Mr. Huston's part; this violated the conditional use
pemnit; there were too many violations reported that were
t for revocation the only choice.
unacceptable, making her suppor
during his years on the Planning Commission and City
Stated that
Puckett ,
Council during the 1980s and nearly four years this time around, this
is probably the most difficult decision he has been faced with; he was
at the grand opening of Roderick's, had dinner upstairs with another
ns were great host and
t
H
o
us
couple, the food was wonderful, the
uccess; later it became apparent the
i
th
r s
e
hostess; he was pulling for
nt had changed with the dancing in the lobby; it
nature of the restaura
was no longer conducive to the family atmosphere he was looking for;
given everything that has been said and staffs presentation, he
supports the recommendation to City Council for revocat~n of the
conditional use permit; it will be the Council's decision; the property
owner and business owner should have ample time to prepare for that
hearing.
Moved adoption of Resolution No. 4103 with special consideration for
Thompson processing a new conditional use permit through the system based
upon can-ent economic challenges.
Kozak Stated he would second the motion for discussion.
Kendig Stated there were items to be identified before the final vote. as
follows:
The table on pages 8 and 9 of the staff report identifies dates of
violation; for all but the first, there are dates in 2008; the Commission
should determine whether or not to include or delete Condition 1.8 in
Resolution No. 4103.
Referred back to his comment regarding whether or not those were
Thompson typographical errors on same of those dates.
Thomas Clarfied that the violation dates of 9-18-06, 3-30-06, 11-1-06; ;and 2-
17-06 were addressed to F'~tz's; the Exhibits would be 5, 8, 15, and
16.
Asked for verification that all the dates were accurate.
Thompson
Responded that the dates are as stated above.
Thomas
Questioned whether there are dates that need to be included that took
Puckett place after [the Hustons took over].
Kendig Indicated he was not suggesting the dates be changed; he was
eded to consider whether Condition
i
on ne
suggesting the Commiss
1.8 had been violated; if not, that condition should be removed from
the resolution.
Minutes -Planning Commission October 28, 2008 -Page 16
Thompson Referred to several letters that were sent in 2008 requesting financial
audits for which backup was not sent although a letter was sent; and,
asked if Mr. Kendig was offering an opinion.
Kendi9 Answered that he was no opining; he was raising the question: if what
was received was adequate, then arguably there was not a violation
of Condition 1.8.
Puckett Suggested that since there were no specific dates listed after the time
of the transfer, it probably would be a good idea to delete that
condition.
Murray Concurred with that suggestion
Kendig Stated the motion should be modified to indicate that, if staff believes
there is additional information in support of that condition, that
information may be brought to the City Council when the applicant
would have a thorough opportunity to respond.
Thompson Amended the motion to include the deletion of Condition 1.8. Motion
carried 5-0.
REGULAR BUSINESS
Adopted Resolution 4. DESIGN REVIEW 08-001 (CONDITION AMENDMENT) A
No. 4102, denying the REQUEST TO WAIVE CITY ELECTRICAL CODE SECTION
request 8402(A) AND MODIFICATION OF CONDITION 3.14(A) OF
DESIGN REVIEW 08-001, WHICH REQUIRES THAT ALL
UTILITY LINES MUST BE UNDERGROUND IN
ASSOCIATION WITH THE RECONSTRUCTION OF A NEW
1,811 SQUARE FOOT RESTAURANT. THIS PROJECT IS
LOCATED AT 1022 EAST FIRST STREET IN THE RETAIL
COMMERCIAL ZONING DISTRICT (C-1 ).
RECOMMENDATION:
That the Planning commission adopt Resolution No. 4102
denying a waiver request of Tustin City Code 8402(a) and
Condition 3.14(a) of Design Review 08-001.
9:45 p.m. The Public Hearing opened.
Tieu Presented the staff report.
Kasalek Asked why the third utility pole (the liquor store) is involved in this,
whether KFC was giving power to that pole, and whether an
independent engineer has been able to offer alternatives to that pole
being taken down; she was confused by the reference to a second
Minutes -Planning Commission October 28, 2008 -Page 17
underground transformer on the KFC site and the possible loss of a
parking place.
Director Stated that staff met with SCE and believed that there might be
alternatives and options available; however, few options seemed
available unless Chipotle, KFC, and the liquor store wanted to bear
equal burden of the .costs; it did not appear the utility provider was
willing to provide any of the services.
Kasalek Indicated that she assumed that the utility provider would step forwarcl
since the utility pays for a lot of the required pulling of wires, etc.
Director Suggested in the affirmative.
Kasalek Stated she is trying to find a way that the third pole does not become
the sole burden of KFC.
Director Indicated the third pale is different from the other two.
Murray Asked for confirmation that SCE installed the pole for Chipotle without
consent of the City.
Tieu Answered in the affirmative.
Murray Suggested that it would be in thei~m~ ned collaboratie effortsoto
problems simultaneously and have
mitigate the situation.
Director Answered in the affirmative.
Kasalek Reiterated her question regarding an independent analysis by an
electrical engineering firm had been done.
Director Responded in the negative.
Thompson Asked if there have been any reports from SCE representing the costs
or possible solution.
Director Suggested the Commission might want to address that question to
the SCE representative; the dollar amount expressed to staff was
about $70,000.
Thompson Asked what Chipotle's reaction or response has been to the violation.
Director Indicated that Chipotle has not responded.
Kasalek Asked if anyone had been in touch with the medical building that
needs the 120/240 power and whether or not that is actually required
since 120/208 is often sufficient.
Minutes -Planning Commissi~ October 28, 2008 -Page 18
Director Stated she is not aware of anyone contacting them; however
the
,
service being provided to the medical facility is not necessarily
desirable in the manner it is being provided; it may, in fact
be non-
,
conforming; this might be an opportunity for the utility provider to
establish a conforming method of service to th
t f
ili
a
ac
ty.
Kasalek Mentioned the possibility of losing two parking places.
Director Stated that parking was one of the issues that came up with Chipotle;
SCE decided to put a pole on the site so that a space would not be
lost; for that site, there was never supposed to be an aboveground
facility; the site was to receive the service from an underground facility
off-site; no parking space would ever have been lost; that is also true
for the KFC site; if it is on-site, there are drive aisles, landscaped
areas, and other places and opportunities where a facility can be
located below ground.
Thompson Asked if the underground as discussed is more costly.
Director Answered in the affirmative.
Steve Jordan,
Tarios & Associat Stated that the letter from Mark Raber contained in the staff report
es aptly outlined the request for a waiver, the original request was made
on January 8, 2008, with the understanding that, because of the
amount of work being done with KFC, the reques# would not have to
go before the Planning Commission for approval but would be done
on the staff level; it took five months to get the condfions of approval;
the discussion regarding that particular item has been going on since
June 11 when the conditions of approval were received.
Presented to the Planning Commission an e-mail (incorporated herein
by reference) not contained in the packet that was sent to Justina
Willkom on August 5, 2008; this page and a half outlines the issues
that SCE had with this particular project and how the electrical service
is distributed along with property line; this ovefiead electrical service
is at the back of the property between two commercial properties; the
Chipotle restaurant is the end of the line; the line continues east
behind the KFC and liquor store, across the parking lot for the medical
building, behind that property and north and south down to Bryan and
behind the Albertsons store on First Street at which point the
ovefiead line drops to a transformer that feeds Albertsons.
Added this type of line is typically at the back, not on the street, is
visible and has power poles with transformers mounted on the pole.
Indicated that the services in the back include two services to the
medical building, one off the liquor store pole and another off the KFC
pole; that may be the reason it is anon-conforming installation;
perhaps the SCE representative can comment in that regard.
Minutes -Planning Commission October 28, 2008 -Page 19
Jordan continued Stated that the power pole at the liquor store serves the primary
ovefiead power into the Chipotle pole and is referred to as a dip
conduit which comes down the pole and goes underground to the
building; that is what is installed at Chipolte; there are no ovefiead
wires to the building; KFC does have ovefiead wires that feed the
current building; with the new construction, conduit would be put down
the pool and underground to the building.
Regarding the Electrical Code referred to in the staff report, it states
provide direct service to the properly being developed";,the intention
is that the direct service is the power that comes down the pole in the
conduit and underground to the building,tta~contention is that the
primary wires that run across the property;
power is being undergrounded as stated.
Refen-ed to the fact that Chipotle was before the Planning
Commissron two years or so years ago for the conditional use permit
which was granted; documents were submitted with exhibits that
showed the site plan and design; that project, as submitted, did not
include a power pole; no conditions were provided to underground the
electrical because it was not shown on the plan; when it was
constructed, it was determined that a power pole was necessary, was
installed, the service run down the pole, underground, and into the
building; the Building Division had to see if the site was in i
conformance with the approved documents, and the Certificate of
Occupancy was approved with the pole.
Noted that there is an option to underground to Chipotle and the new
KFC which would require connecting to an underground vault that is in
the intersection of First Street and Newport and setting rtlbo wVth an
transfom~er on the back comer between the finro prope '
easement for the electrical line; the issue is that the pole that exists on
the KFC property could not go away because it services the building
behind it; the transformer that could be installed would not be able to
service the medical building to the south; the pole that everyone is
talking about eliminating could not be eliminated until the medical
building decides to do something or the liquor store goes away.
Stated that to deny KFC's request is unfair and inconsistent with what
has been happening on these properties.
Kozak Referred to the option referred to involving the connection to the First
and Newport vault; stated that it occurred to him that the pole on the
liquor store site also serves the medical building; and, asked if it would
be feasible to consider the pole at the liquor store to provide both
services or in some other comprehensive way provide the best
available service to the medical building.
Minutes -Planning Commission October 28, 2008 -Page 20
Mr. Jorcian Indicated he could not answer that; he is not an electrical engineer,
there are three transformers on the pole that serves Chipotle, three on
the pole that serves KFC, and only one transformer on the pole that
serves the liquor store and medical building; SCE could possibly
change the service provided to both of those buildings.
Kozak Stated that it seems that all the entities need to get together with SCE
and find a solution to the problem.
Thompson Referred to the photographs from the staff report; and, asked what the
proposed $70,000 undergrounding represents in the terms of the
photographs.
Bob Stiens, Southern Stated that he is not the technical expert; that was a very rough
California Edison estimate of the cost for the developer to do the trenching and put in
the conduit to come off a vault at approximately First and Newport to
the back of the property where a transformer could be installed.
Thompson Suggested the pole in question entered into the picture contrary to the
conditions of approval and got passed and has now been brought to
the attention of Chipotfe; though that may be an issue in .this scenario,
it is not a requirement of KFC to deal with that issue; the pole served
by SCE does more than service KFC.
Mr. Stiens Stated that was correct.
Mr. Jordan Added that it is also a continuation of the service to the Chipotle pole;
it that pole goes down, there will be an impact on Chipotle.
Thompson Stated he understands that ovefiead lines are a blight and the reason
for the conditioning is to try to slowly eliminate them; it cannot be the
burden of one property to fix everything in the area; the question is
how to get the transformers underground if the pole cannot go away;
he believes the Chipotle question needs to be resolved between SCE
and Chipotle and is not something for the Planning Commission to
consider; the applicant understands that the ovefiead lines will go
away and the transformers undergrounded.
Asked how much it would cost to underground those transformers.
Mr. Stiens Indicated that there might be an initial cost to the restaurant but over
time that cost could be refunded through allowances; the cost is
based on usages and allowances; a service can be designed that
would serve both an underground service to both KFC and Chipotle;
the City, SCE, Chipotle, and KFC can get together and work this out;
SCE cannot force the medical building to reconfigure their electric
service; if that building were to be remodeled, the City could put those
conditions on the medical building.
Minutes -Planning Commission Octotser 28, 2008 -Page 21
Kozak Restated what he suggested regarding the feasibility of moving the
transformer that currently exists on the KFC pole that serves the
medical building to look at the possibility of putting those transformers ~ ",
on another existing pole.
Mr. Stiens Responded that he would need to check, but he believes that the
transformers on the pole are only serving KFC; the service to the
medical building is being fed off the transformer behind the liquor
store.
Kasalek Questioned what the problem would be if that is the case.
Mr. Stiens Replied that the Public Utilities Code, which governs SCE, sets the
safety standards; it has to do with a line crossing the roofs and a
walkway; the lines would not be high enough to be above what is
considered a walkable surface.
Thompson Stated that it is understood that the lines that drape across need to go
underground; the expectation is that those transformers would be
underground so that the only function of that pole would be to receive
the lines and drop the service underground; going to that other pole
farther back on the left would require the applicant to go off the
property, under the wall that is not theirs, and would present a
hardship; pefiaps the better solution would be to put those
transformers underground, receive the lines, and everything after that
goes off to the right wouli involve a mutual resolution among SCE, t
Chipotle, and KFC and to worts out what those numbers are; if there is
still a hardship, that would have to be brought back to the Commission
for a better understanding of the details; it needs to be clarfied what
goes away and what remains.
Director Added that during the discussion staff held with SCE, it was ident~ed
that that pole would need to remain to provide service to the medical
building; it does not need to be there for the benefit of KFC; in staffs
recommendation that the utilities be provided underground and not on
that pole and KFC were able to work things out with Chipotle, the pole
would still remain; SCE ir~licated that they might be able to remove
the top half of the pole; staff has k>oked into other issues that would
al~w the wires to be moved to the pole that serves the liquor store if
SCE would be willing to do that; the easements already exist.
Mr. Jordan Stated that he would like to change the wording from underground to
a pad-mounted transformer, in a situation like this transformers would
not typically be put into an underground vault.
Director Indicated it was staff's intention that the pole not be used for the KFC
facility; Chipotle and KFC would need to be on separate underground
transformers.
Minutes -Planning Commission October 28, 2008 -Page 22
Mr. Jordan Restated that it would not be an underground transformer but apad-
mounted transformer.
Director Indicated that staff could look at what is being proposed to determine
if it can be effectively screened; the current Code requires that all
utilities be underground.
Mr. Stiens Suggested that there would seem to be a way to underground both
the KFC and Chipotle, either with apad-mounted transformer or
if
,
required, an underground; there are many methods of screening pad-
mounted transformers; the pole would have to remain, arthough a
portion of the top could be removed.
Murray Stated that there seems to be some opportunity for collaboration; and
suggested that this item be deferred to allow appropriate time for
things to be worked out.
Puckett Indicated that it might better to approve the resolution denying the
request with the stipulation that everyone get together and reach a
solution.
Director Indicated that the recommendation is to approve staffs
recommendation.
Zorah Hamedany, Pointed out that the expert, Jill Bowers, did very detailed research
KFC representative regarding how the poles are mounted and who is served from each
pole and what options are available; her conclusion was that the
design option that would be most favorable to Edison would be to
leave all the ovefiead poles as they are and to underground the
transformer bank on the pole that serves KFC; a $70,000 amount
assessed to KFC might kilt the project; this issue has been holding up
the project for quite some time and is becoming a hardship on KFC.
Thompson Asked how long the construction is expected to take.
Ms. Hamedany Replied that the actual time of construction is about 90 days.
10:34 p.m. The Public Hearing cbsed.
Thompson Thanked the applicant for waiting through the prior business of the
Commission.
Stated he would like to propose something different from what has
been proposed by staff as folbws:
• Allow a delay in this requirement
• That effective resolution between the parties be brought to the
table to resolve the undergrounding business and fees and to
do that within 30 days
Minutes -Planning Commission October 28, 2008 -Page 23
If a resolution cannot be made, a sufficient deposit be made for
the appropriate portion of the fare share among KFC, Chipotle,
and SCE.
Murray Indicated his concern is setting a precedent; and, stated his desire
that the Commission follow staffs recommendation.
Kozak Indicated he understands the need to move forward; it is desired that
pole blight be removed; the parties should be allowed to get together
and reach a compromise and pefiaps bring that back to the
Commission.
Kasalek Agreed that the KFC project should be allowed to move ahead, but it
is her understanding that KFC needs to be know what the cost will be
before moving forward; allowing a 30-day delay may not take away
those cost concerns; ideally, she would like to see the poles gone.
Puckett Stated that he wants to see that new KFC facility but is in agreement
with staff that the waiver should be denied and the parties be allowed
to get together and find a way to reach the desired results.
It was moved by Murray, seconded by Kozak, to adopt Resolution No.
4102. The motion carried 3-2; Kasalek and Thompson voted no.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE OCTOBER 7, 2008,
CITY COUNCIL MEETING.
Director reported The City Council awarded the graffiti removal contract to Graffiti
Control Systems, the same company that has been removing graffiti
in Tustin for several years.
COMMISSION CONCERNS
Thompson Stated that he attended the Plannee '~ ~ ~ ttinvo ement of City
information were excellent; he app
staff: kudos for a job well done.
Indicated that on October 17, he attended the BIA installation dinner
for officers for the coming year.
Added that on October 22, he attended the C'~ty Council debate and
was impressed.
Murray Reported that he was happy to see Tustin included in the newspaper
article referring to cities that are delaying development fees in order to
provide some relief during these economic times.
Minutes -Planning Commission October 28, 2~8 -Page 24
Murray continued Noted that the kitchen at the Senior Center has reopened.
Reminded everyone that the Thanksgiving Breakfast takes place
November 20.
Stated he attended the Total Wine ribbon-cutting and was very
impressed with that facility.
Kasalek Reminded everyone that the Dinosaur Dash is this weekend; she is
on the committee and knows the event is for a good cause.
Kozak Stated that he attended the Old Town Art Walk on October 18 and
enjoyed the various mediums and artists; Chad from Parks and
Recreation indicated that the programs had sold out during the first
few hours.
Referred to the earlier item on tonight's agenda; and, suggested that
as older properties are redeveloped every effort should be made to
interconnect, make communities more pedestrian friendly, and make
every attempt to improve the traffic flow; in other words,
modernization should be the goal.
Reminded everyone to vote on November 4
Puckett Stated that he also attended the City Council debate and was
impressed with the candidates; a straw poll was taken that indicated
-- former Chair Nielsen was the top vote-getter.
Thanked Chair Pro Tem Kozak for standing in for him during the
October 14 Planning Commission meeting while Chair Puckett was
enjoying a deep dish pizza in Chicago.
Indicated that he also attended the Planners Forum and thought the
various presentations were excellent.
Noted that he attended the Total Wine ribbon-cutting and was happy
to report that a $10,000 donation was presented by Total Wine to the
Tustin Community Foundation.
Asked staff whether any progress is being made regarding the code
enforcement issues at the Post Office
Director Explained that Chair Pro Tem Kozak had requested the information
left at the dais; and, added that only minor improvements have been
made at this point.
Thompson Indicated he noticed the landscaping has been ripped out.
Minutes -Planning Commission October 28, 2008 -Page 25
Kozak Stated that he had overlooked two comments: 1) thanked staff for the
items on tonight's agenda; the Roderick's report was accurate,
thorough, and complete; and, 2) thanked staff for their involvement in
the Planners Forum.
Noted that the appearance of the Post Office has been a concern of
his for quite some time; and, thanked the Director for providing the
letter and attachments.
10:55 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Wednesday, November 12, 2008, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Charles E. Puckett
Chairperson
~J
Elizabeth A. B' ck
Planning Commission Secretary
Minutes -Planning Commission October 28, 2008 -Page 26
-----Original Message-----
From: Ji11.Bowers@sce.com [mailto:Jill.Bowers@sce.com]
Sent: Tuesday, August 05, 2008 12:03 PM
To: Willkom, Justina
Cc: mraber@tarlos.com; Jeri.Brannon@sce.com
Subject: SCE design for KFC at 1022 East 1st Street, Tustin
Good morning Justina,
With regard to the new KFC at 1022 East 1st St., in Tustin, I am of the
understanding that the City of Tustin is requesting that all existing
overhead lines and facilities be transistioned to underground cable and
equipment. In an effort to ease costs associated with this sort of
undertaking, I am writing to help the city of Tustin understand how much,
and what manner of work would be required to accommodate the city's
ordinance.
In order to eliminate all overhead service at and beyond KFC's lot, the
following actions would have to take place:
Removal of 45 foot electrical pole # 1677513E on the KFC property. This
pole carries a 120/240 volt, 3 phase transformer bank that not only serves
KFC, but also a medical office in the neighboring office building that
requires 3 phase service to run some of its equipment. The address of this
medical office is 1076 E. 1st St., Unit F. Taking down this pole and
subsequently the 120/240 volt, 3 phase transformer bank would leave the
medical office without a source for 3 phase power, as the rest of the
office building is served from a single phase transformer on pole#
1581576 E, the next pole east.
Also affected by the removal of pole # 1677513E on KFC's lot is pole #
4686417E which carries a 120/208 volt 3 phase transformer bank serving the
new Chipotle restaurant on the corner of Newport Avenue and 1st Street.
This pole was installed less than two years ago, and no question of
undergrounding existing overhead facilities was raised at that time. If we
remove pole #1677513E, the primary (12,000 volt) overhead lines which run
from the next pole east, pole # 1581576E will have to be taken down as
well, as we cannot have an unsupported span of overhead conductor for that
distance. This would leave us with no primary conductor to feed the
transformer bank on pole # 4686417E. That would require a padmounted
transformer be installed to serve Chipotle and the new KFC, but would still
leave the doctors office without a source for 3 phase power as Chipotle and
the new KFC will both be utilizing 120/208 volt, 3 phase power, and the
doctor's office requires 120/240 service. To install the padmounted
transformer to serve the new KFC and the existing Chipotle restaurant, we
would have to run an underground primary (12,000 volt) feed from pole #
1581576E west to the site of the new padmounted transformer, which would
have to occupy approximately a 19'x12' space at the rear of the KFC
building, possibly taking space away from the required trash enclosure and
parking spots. Also, for your consideration, is the issue of intercepting
Chipotle's existing service duct once a new padmounted transformer was
installed. The fresh hardscape and landscape would have to be cut into,
and possibly even a portion of their trash enclosure undermined. All of
this would not only be at considerable cost to KFC, but also to Edison.
From a fiscal standpoint, Edison has to take into account the manpower,
equipment, and material costs that went into building a system to serve
Chipotle when they opened for business last year. Now more manpower,
equipment and material costs will be incurred to undo all that work and
rebuild the system to serve everyone affected by this ordinance.
Of course, still of primary concern, is how to serve the medical office in
the building next door. Not only will a second padmounted transformer have
to be installed to serve them with the 120/240 service voltage they require
(meaning that KFC will have to give up additional parking lot space}, but
an underground service duct would have to be installed to their panel and
that panel possibly replaced altogether if it cannot accommodate
underground entry. Their panel is currently located in a breezeway
accessible only from the other side of the building. Running a new service
in underground duct is most likely not actually possible at the current
location of their panel as the service duct cannot run underneath a
structure. If their panel had to be relocated, the wiring to that panel
would have to be redirected, again, at considerable cost to KFC and the
medical office, as this type of work would lead to extensive time without
service for the medical office.
The design option that would be most favorable to Edison is to leave all
overhead poles as they are, and to simply upgrade the transformer bank on
the pole that currently serves Chipotle. This would allow us to continue
to reliably serve the medical office next door. We would then require that
a handhole be installed at the base of the pole and both Chipotle and KFC's
services would extend out from that handhole. KFC would trench from that
new handhole, around the Chipotle trash enclosure to their panel location
on their new structure.
I just though it prudent to advise you of all factors affected by your
request for all overhead conductors to be placed underground in conjunction
with this project.
I would be happy to clarify any of the points made in this note or answer
any questions you might have. You can reach me by e-mail or at
714-973-5453, or 714-415-8178 which is my mobile phone number.
I look forward to reaching a compromise that works for all parties
involved.
Thank you in advance,
Jill M. Bowers
]ill M. Bowers
Service Planner
Santa Ana District
1241 S. Grand Ave.
Santa Ana, CA 92705
714-973-5453/PAX 52453
Fax: 714-973-5790/52790
Mobile: 714-415-8178
fill. bowers~sce.com
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
NOVEMBER 12, 2008
6:59 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, 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
Amy Thomas, Senior Planner
Reina Kapadia, Associate Planner
Cari Meyer, Assistant Planner
Eloise Harris, Recording Secretary
' None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -OCTOBER 28, 2008, PLANNING
COMMISSION MEETING.
It was moved by Murray, seconded by Thompson, to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution 2. CONTINUED CONDITIONAL USE PERMIT 08-018 A
No. 4101 REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT.
THIS PROJECT IS LOCATED AT 1076 EAST FIRST
STREET, SUITE C, IN THE RETAIL COMMERCIAL (C-1)
ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4101
approving Conditional Use Permit 08-018.
7:02 p.m. The Public Hearing opened.
Minutes -Planning Commission November 12, 2008 -Page 1
Meyer Presented the staff report.
Thompson Thanked staff for addressing the issues raised at the last meeting;
asked at what point the City may
12
2
diti
,
.
on
and, referring to Con
require more than just trimming back the overgrowth that may impede
the lighting and walkways.
er
Me Replied that there are requirements in the Tustin City Code related to
d
y e
landscaping; if it is determined that the site is in violation, Co
Enforcement would initiate compliance.
Thompson Asked if more strength could be added to Condition 2.12 that requires
ing and that lighting should
landsca
d b
p
y
the windows not be covere
not be diminished by overgrowth.
Answered that lighting is measured from the paved surface and would
Meyer not take into account anything beyond that; if covered windows were
determined to be a nuisance or a detriment to the health and welfare
of the people using the site or residing nearby, that could become a
Code Enforcement issue.
Added that the Tustin Code contains very general descriptions of what
Kendig constitutes a nuisance; if the Planning Commission wishes to add
additional detail to provide certain thresholds, it would be appropriate
to do so.
Suggested that Code Enforcement would have the ability to, based on
Murray the current Code, enforce those types of things without specific
comments.
Director Stated that Commissioner Murray was correct; the difficulty with
adding additional language might result in the removal of landscaping,
that were intended to remain; the Sign Code allows for
such a trees
,
signage in up to 25 percent of the window space which may result in
f the window area; the condition as written allows for
some coverage o
Code Enforcement discretion regarding when the coverage is too
much.
Puckett Agreed that it would be best to allow Code Enforcement ensure
compliance with the Code.
7:14 p.m. The Public Hearing closed.
Puckett Noted that he was satisfied with staffs work regarding the issues
addressed at the prior meeting.
Thompson Stated that staff did a good job addressing all the concerns that were
mentioned; he still has concems regarding the "jungle" aspect of the
Minutes -Planning Commission November 12, 2008 -Page 2
current landscaping in the interior area; the Police Department
stressed that lighting and landscaping were major concerns; he would
insist that staff be vigilant in not allowing dark corridors, missing lights,
etc.
Murray Complimented staff; his concems were addressed; he supports
approval of the permit.
Kasalek Stated that her only concern was the landscaping and that the owner
of the property be notified when things are getting overgrown.
Kozak Complimented staff and the applicant for working together to address
the concerns expressed at the last meeting; the additional conditions
are well written and address the issues; standard Condition 1.6
provides for an annual review if necessary by the Community
Development Director regarding compliance with the conditions of
approval and the possibility of imposing additional conditions if there is
a nuisance or negative impact.
Asked for verification that the applicant agrees with the additional
conditions of approval.
Qiong Li, applicant Stated that she agreed to the conditions of approval.
Puckett Noted that he is also in support of the application and conditions; and,
stated that it is important that Code Enforcement make sure that these
types of businesses are up to Code.
It was moved by Kozak, seconded by Kasalek, to adopt revised
Resolution No. 4101. Motion carried 5-0.
Adopted Resolution 3. CONDITIONAL USE PERMIT 08-013 A REQUEST TO
No. 4104 ESTABLISH A MASTER SIGN PROGRAM FOR PROSPECT
VILLAGE. THIS PROJECT IS LOCATED AT 191 EAST
MAIN STREET, 272, 276, 280, 284, 288, 292 PROSPECT
AVENUE, AND 270, 274, 278, 282, 286, 290 PROSPECT
PLACE IN THE PLANNED COMMUNITY (PC) ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4104
approving Conditional Use Permit 08-013.
7:21 p.m. The Public Hearing opened.
Meyer Presented the staff report.
Minutes -Planning Commission November 12, 2008 -Page 3
Thompson Stating that he owns property within 300 feet of this project,
Commissioner Thompson recused himself and left the dais.
Kasalek Asked for clarification that the blade signs must be a minimum of 8
feet 11'/2 inches from the sidewalk.
Meyer Answered that the requirement is for every sign to be that height.
Kasalek Referred to page 7 of the Sign Program where it states that all
projecting signs in public rights-of-way shall be a minimum of eight
feet above sidewalks.
Meyer Explained that that is a Public Works requirement for clearance over a
right-of-way and would be the minimum.
7:29 p.m. The Public Hearing closed.
Commission It was the consensus of the Planning Commission that the proposed
Sign Program will be an attractive addition to the site.
It was moved by Murray, seconded by Kozak, to adopt Resolution No.
4104. Motion carried 4-0.
Thompson Returned to the dais.
Continued to 4. CONDITIONAL USE PERMIT 08-015 AND DESIGN REVIEW
December 9, 2008, 08-008 A REQUEST FOR AUTHORIZATION FOR A NEW,
Planning Commission DETACHED, TWO-STORY ACCESSORY BUILDING TO BE
meeting USED AS A GUEST HOUSE AND GARAGE. THIS
PROJECT IS LOCATED AT 445 WEST SECOND STREET IN
THE SINGLE FAMILY RESIDENTIAL (R-1 ), CULTURAL
RESOURCES OVERLAY DISTRICT (CR) ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4105
approving Conditional Use Permit 08-015 and Design Review
08-008.
7:34 p.m. The Public Hearing opened.
Murray Referred to the Findings where the words "specialty and retail use"
appear; and, asked if the correct reference would be "residential use."
Kapadia Answered that was correct.
Minutes -Planning Commission November 12, 2008 -Page 4
Thompson Asked if the ancillary structure is consistent with other properties in
the area.
Kapadia Replied that the property to the west also has an ancillary garage
building; the property directly to the north is amulti-family residential
complex; throughout Old Town, these types of ancillary buildings are
common.
Thompson Asked for clarification of the difference between this type of
application and a granny flat.
Kapadia Responded that this is planned as an accessory building to be used
as a guest room; the Tustin City Code specifies the difference
between guest rooms and second residential units; second unit
s are
intended as additional dwelling units on the same property; this
project is an accessory building to be used only as a guest room;
conditions are included that it may not be rented or leased and
no
kitchen or cooking facilities allowed.
Thompson Asked if the threshold for a granny flat would be the size of the lot.
Kapadia Answered that the Zoning Code specifies a minimum lot size f
ar a
second residential unit would be 12,000 square feet; this lot is 10
000
,
square feet and would not be applicable for a second residential unit.
Thompson Stated that it sounds as though there is a lot of consistency of some of
the architectural concerns; there were some things that were not
addressed; some were raised in the letter by Mr. and Mrs.
Hockenberry such as the exterior stairway.
Kapadia Indicated that exterior staircases are found on buildings throughout
Old Town; staff would prefer to see enclosed staircases.
Thompson Referred to the massing as compared with other garages in Old
Town; and, asked for clarification of the Guidelines regarding the
massing of structures.
Director Stated that the Guidelines provide generalities; the Zoning Code also
addresses the issue; a Land Use Fact Sheet was provided covering
the allowances; staff expressed a concern regarding the massing; this
is a discretionary action and also relates to the Commission's role
regarding historic resources; a Certificate of Appropriateness will be
necessary before a building permit is issued; staff has attempted to
work with the applicant regarding the massing being too great and the
lack of architectural relief; there should be more articulation even
though the proposal may meet the Zoning Code with respect to
coverage, setbacks, and height.
Minutes -Planning Commission November 12, 2008 -Page 5
Asked what guidelines were in effect regarding historical preservation
Kasalek when a similar project was approved in 1982.
Indicated that the Cultural Resources Overlay District was not in place
Kapadia
in 1982.
Kozak Asked if staff had suggested an enclosed staircase to the second
uested regarding the design
e
q
level to the applicant; clarification was r
of the roof; the project at the southwest corner of Second and A
Streets (a similar ancillary building) had the same height restrictions;
the building that was approved and built has a roof design and pitch
complementary to the main house.
Stated that the first set of drawings included a fully pitched roof but
Kapadia was 24 and one-half feet high, which exceeded the height restriction
by four and a half feet; the applicant redesigned the roof with the 4-12
and 1-12 pitch; other alternatives would be to have a single story
structure as suggested by the Hockenberrys or to have an attic space
as opposed to two full height stories, to allow the roof to be more
compatible.
Kozak Asked if there was any discussion regarding the staircase being
incorporated into the interior.
Kapadia Answered that was a suggestion in conversation by staff; perhaps that
k for the final
h
ec
is an item that could be revisited during plan c
architectural design.
Asked if the calculation for the coverage of the lot included the exterior
Thompson
staircase.
Kapadia Stated the exterior staircase was included in the lot coverage
rint of the building and is shown on the
foot
f th
t
p
e
o
calculation as par
submitted plans.
Stated that the square footage is the same downstairs and upstairs.
Thompson
Kapadia Indicated the square footage of the building as opposed to the
rent numbers; the footprint would include the
diff
e
footprint are two
exterior staircase.
Referred to one of the comments regarding a prior violation involving
Murray the use of the driveway; and, asked for the status of that violation.
adia
Ka Replied that there is an open Code Enforcement case that is with the
is
ti
li
p on
ca
City Attorney's office; however, the progress of this app
the
considered a good faith effort to rectify some of those issues;
y structures have been removed.
itted cano
p
unperm
Minutes -Planning Commission November 12, 2008 -Page 6
Kozak Asked if there was a requirement in the proposal for paving of the
driveway.
Kapadia Indicated that paving the driveway was shown on the submitted plans;
a condition was added to also include a landscaped area.
Puckett Invited the applicant to speak.
Michael Ferguson, Stated that he first proposed this project 25 years ago when he tried
applicant to match the roof to the character of Old Town; he would like the full
roof but only 20 feet are allowed; he has conformed with the same
siding, the same materials, the same windows; the staircase is on the
exterior to allow for two cars and 14 feet of storage space on the
interior; the guest house meets the requirements of the Guidelines;
the structure wilt not be seen because it is behind the house
if he
;
were allowed the 24-foot roof, he would be able to incorporate the
architectural style; he has lived in Tustin all his life and intends to stay;
the Hockenberrys approved this project 25 years ago; the other
comments were from neighbors outside the 300 foot limit but are
friends of the Hockenberrys, who no longer approve the design; this is
all he can do; if staff would like to allow a variance for him to go
higher, he would be able to match the roof.
Puckett Indicated that he viewed the property and believes the structure will
not be visible from the street; he likes the design; Condition 3.2 will
allow the applicant to work with staff to improve the design.
Mr. Ferguson Stated the reason for the appearance of that wall is that it faces the
condominiums; he did not include windows so as not to invade the
privacy of his neighbors.
Thompson Congratulated Mr. Ferguson on living in the home of the first mayor of
Tustin; and, asked if going higher, which would require a variance
,
would allow for concessions.
Mr. Ferguson Answered in the affirmative.
Thompson Asked if it would be possible to address some of the massing.
Mr. Ferguson Replied that the higher roof would take care of that concern.
Murray Thanked Mr. Ferguson for giving the Commission the history of the
property.
Puckett Asked if the full pitch would add four feet.
Mr. Ferguson Stated that sounds correct, but he would have to recalculate the
numbers.
Minutes -Planning Commission November 12, 2008 -Page 7
Puckett Invited others to speak.
Linda Jennings, Stated that this structure is an inappropriate size in relation to the
350 South B Street home; the bulk of the building will overpower the size and scale of an
elegant Victorian cottage that is one of the few pre-1900s homes in
Old Town Tustin; the height limit in Old Town is set not only to specify
how tall a building is but also to control the bulk; the proposal results
in an awkward roof line; the photos in the staff report show exactly
what can happen when the buildings undermine the character of the
surrounding buildings and the District at large; she feels the building
will show from behind the house; trees do not always last; if this one is
ever gone, the building will be visible; in other recently approved
designs such as the garage behind the home at 255 West Second
and the more recent accessory building at 200 South C Street, it is
evident that staff made the homeowners construct the garages to
match the style and the size of the homes and also add architectural
features to complement these homes and the historic district; reducing
the bulk of the proposed structure by cutting back of the very large
guest quarters would allow for an appropriate slope of the roof to
match the house; matching a few of the architectural details, such as
the proportion of the windows, could create an accessory building to
serve the owner and meet the design standards for Old Town Tustin;
this item should be returned to the staff for further design work before
it is approved; staff and the Planning Commission, acting as the
Historic Resource Committee, should support the historic nature of
Old Town Tustin and the architectural regulations that govern Old
Town.
Edward Wellman, 450 Stated that his home is directly across the street from Mike's house;
West Second Street the house on the comer of Second and A Streets looks like a big box
and is clearly visible; if every tree were removed around Mr.
Ferguson's proposed structure, only a third of the building would be
visible; the roof line should be allowed as proposed or as high as he
wants the roof to be; this project should be approved.
8:22 p.m. The Public Hearing closed.
Thompson Stated that he appreciates all the work staff has put into this
application, the time the owner has spent, and the letters that were
received; there are a number of issues that need to be resolved; more
architecture needs to be applied; the stairs, the massing, and the
vertical nature of the structure may require that compromises be
made; perhaps the applicant could work with staff and some exploring
of a variance be considered allowing the height to go up allow for
more architectural components; historical consistency is important.
For these reasons, he would be in favor of continuing this item in
order to achieve those goals.
Minutes -Planning Commission November 12, 2008 -Page 8
Murray Stated that he has reviewed this application carefully; he understands
the concerns of Ms. Jennings and the importance of maintaining the
cultural uniqueness of this community; the owner seems sincere; it
seems that a balance could be found and the issues addressed
during the design review process; this project should be moved
forward.
Kasalek Indicated that she has problems with the look and size of the
proposed structure; it is the Planning Commission's job to make sure
that the design is appropriate; it is important not to set a precedent
with the height issue; because of the condominiums that back up to
this property, she would like to see changes in the architectural style;
perhaps a variance is the answer; whatever the case, she would like
to see the project come back to the Commission for further review to
be sure the various concems are addressed.
Kozak Thanked everyone for their involvement in this application; he is
concerned about the massing and the articulation of the elevation, the
roof in particular; there are regulatory issues to deal with that should
be explored; if a variance is necessary for the roof, the Commission
should consider that; perhaps the project could move forward, but the
Design Guidelines must be met; staff should work with the applicant
j regarding the stated concems and the item brought back for the
Planning Commission to look at the final design.
Puckett Thanked Mr. Ferguson for coming back after 25 years to try to resolve
this situation; he would be willing to approve the recommendation as
presented by staff; however, a variance may be a possibility to attain
the design desired; it looks as though the Commission is leaning 3-2
toward having the item brought back.
A motion was made and seconded to continue the item
Puckett Asked for further discussion.
Kozak Asked that the maker of the motion consider direction to staff with the
specifics that have been discussed.
Thompson Suggested amending the motion to consider a potential variance that
would allow all of the concerns to be adequately addressed according
to the Design Guidelines: roof pitch, gables, windows, other detailing,
exterior staircase, articulation, and the massing. Motion seconded by
Murray. Motion carried 5-0.
Puckett Told Mr. Ferguson that the Commission likes the project and wants to
ensure awin-win situation.
Minutes -Planning Commission November 12, 2008 -Page 9
Director Stated the item should be continued to a date certain; staff would
recommend the first meeting in December; if an additional
discretionary action is necessary for notification or staff is not ready to
bring the item back, it may be continued further.
Commission It trued to Decemberf 9h 2008 olr continuedhfurthersif deemed
co
necessary by staff.
None REGULAR BUSINESS
Continued to 5. CODE AMENDMENT 08-004 (ORDINANCE 1360)
December 9, 2008,
Planning Commission On March 18, 2008, the City Council was provided with a staff
meeting report that discussed the issues associated with the abatement
of shopping carts. Staff provided the Council with the City of
Westminster's policy on shopping carts. Council directed staff
to implement a similar program. Based on that direction, staff
prepared Code Amendment 08-004 to adopt new shopping
cart regulations.
RECOMMENDATION:
That the Planning Commission continue this item to the
December 9, 2008, Planning Commission meeting.
It was moved by Murray, seconded by Kasalek, to continue the item to
December 9, 2008. Motion carried 5-0.
STAFF CONCERNS
6. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 4,
2008, CITY COUNCIL MEETING.
Director Stated that there was nothing to report; it was a relatively short
meeting.
COMMISSION CONCERNS
Thompson Congratulated Debbie Gavello, the newest member of the City
Council.
Thanked Lou Bone and Tony Kawashima for their long years of
service to the community.
Noted he was looking forward to the Thanksgiving Breakfast on
November 20'I'.
Minutes -Planning Commission November 12, 2008 -Page 10
Thompson continued Requested that staff provide a workshop that would allow the
. Commission to look in more detail at the whole massage parlor
venue, including the application process and what has been learned
from past applications and approvals.
Asked for a staff presentation on The Legacy; with the economy being
as difficult as it is, there are a lot of empty lots; he would be interested
in understanding more about the entitlements and the Development
Agreement(s) that are in place and to have a status update regarding
the Legacy projects.
Murray Offered his congratulations to all the new Council members and
extended appreciation to those who are no longer on the Council
Stated he will try to attend the Thanksgiving Breakfast, although he
may have a conflict.
Referred to an article in the Orange County Register about Old Town
Tustin and one of the homes being used as a tour for CHOC
Hospital's Home Tour; that is a nice statement regarding the
preservation of Old Town.
Asked that staff provide an update on The District.
Kasalek Added her congratulations to the newly elected Council members;
and, thanked the outgoing members who did an outstanding job.
Mentioned that the Dino Dash was a huge success; even with the
rain, there were more runners than ever before.
Stated that she would be attending the Thanksgiving Breakfast; and,
wished everyone a Happy Thanksgiving.
Kozak Thanked staff for their hard work on this evening's agenda items,
particularly regarding the massage establishment and the proposal for
the ancillary building in Old Town.
Congratulated Mayor Amante and Councilmembers-elect Nielsen and
Gavello for their successful victories.
Thanked Councilmembers Bone and Kawashima for their years of
service; he had the honor and privilege of serving with them on the
Planning Commission a number of years ago.
Thanked the City for the opportunity to attend the Mayor's Prayer
Breakfast; this is a wonderful event that benefits the Tustin
Community Foundation.
Minutes -Planning Commission November 12, 2008 -Page 11
Kozak continued Wished everyone Happy Thanksgiving.
Puckett Added his congratulations to the new Council members.
Stated that Councilmembers Bone and Kawashima have done a great
service for the City.
Noted the Mayor's Thanksgiving Breakfast is sponsored by the Tustin
Community Foundation and will be next Thursday at the Marconi
Automotive Museum, 1300 Industrial Drive; Dwight Stones will be the
speaker; the Foothill Madrigals will provide the music; this has always
been a nice event; tickets are $50 and are still available.
Wished everyone a Happy Thanksgiving.
8:44 p.m. ADJOURNMENT
It was moved by Thompson, seconded by Kasalek, to adjourn.
Motion carried 5-0.
The next regular meeting of the Planning Commission is scheduled
for Tuesday, December 9, 2008, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
de.~ ____
Charles E. Puckett
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission November 12, 2008 -Page 12
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
DECEMBER 9, 2008
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, 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
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - NOVEMBER 12, 2008,
PLANNING COMMISSION MEETING.
2. APPROVAL OF CERTIFICATE OF APPROPRIATENESS
REPORT REGARDING AN OLD TOWN PROJECT
APPROVED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT FROM OCTOBER 14, 2008, TO
DECEMBER 9, 2008.
It was moved by Thompson, seconded by Kasalek, to approve the
Consent Calendar. Motion carved 5-0.
PUBLIC HEARINGS
Adopted Resolution 3. CONTINUED CONDITIONAL USE PERMIT 08-015,
No. 4105, as DESIGN REVIEW 08-008 (CONTINUED ITEMS), AND
amended VARIANCE 08-001 (NEW ITEM) A REQUEST FOR
AUTHORIZATION FOR A NEW TWO-STORY DETACHED
ACCESSORY BUILDING TO BE USED AS A GUEST
Minutes -Planning Commission December 9, 2008 -Page 1
HOUSE AND GARAGE AND GRANTING OF A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED
HEIGHT OF AN ACCESSORY BUILDING. THIS
PROJECT IS LOCATED AT 445 WEST SECOND STREET
IN THE SINGLE FAMILY RESIDENTIAL (R-1 ), CULTURAL
RESOURCES OVERLAY DISTRICT (CR) ZONING
DISTRICT-
RECOMMENDATION:
That the Manning Commission adopt revised Resolution
No. 4105, approving Conditional Use Permit (CUP) 08-015
and Design Review (DR) 08-008 authorizing the
construction of an accessory building to be used as a guest
room and new two-car garage located at 445 W. Second
Street subject to specific design changes to be reviewed
and approved by the Community Development Department,
and denying Variance 08-001 to exceed the maximum
pem}fitted height of 20 feet for an accessory building.
7:05 p.m. The Public Hearing opened.
Willkom Presented the staff report.
Thompson Asked for clarification of the existing roof pitch.
Willkom Responded that the pitch is 8 to 12.
Thompson Referred to the plan which shows adrop-off, a feature the existing
house does not seem to have.
Willkom Replied that the dropped roofline would be to accommodate the
enclosed staircase.
Thompson Suggested that more articulation is necessary to match the
articulation of the main structure.
Willkom Indicated that there are several ways of achieving a similar roof
pitch to the existing main house; staff believes the required level of
articulation has not been achieved yet.
Thompson Stated that the consistent theme seems to be too much massing;
the comparison with the Design Guidelines with what the applicant
proposed was helpful; it would be useful to know the range of
acceptable massing of the structure.
Minutes -Planning Commission December 9, 2Q08 -Page 2
Willkom Indicated that the Tustin City Code does not specify what would be
appropriate for an accessory structure; the Code specifies that an
accessory structure must be subordinate and incidental to the
main building; a larger structure than the existing one would depart
from what is intended in the Code.
Director Stated that the Code does not dictate an absolute square footage;
if the applicant's architect were to be able to accommodate
articulation and a pitch consistent with the main structure, the
square footage would be reduced to create an ancillary or
incidental situation and would resolve many of the issues; as an
example, many Old Town lots qualify for second residential units
or granny flats; the lot size must be 12,000 square feet; in those
instances, a second unit could only be 1200 square feet; the
present instance is a smaller lot with an ancillary structure that is
larger than the main house and larger than what would be
permitted on a larger lot.
Murray Stated that his concerns are similar to Commissioner Thompson's;
and, asked if this design were to be approved, whether or nat a
Certificate of Appropriateness would be approved.
Director Replied that is another issue: the Certificate of Appropriateness is
not issued until a Building Permit is issued; that is why the criteria
-- for the consideration were brought to the Planning Commission.
Kasalek Asked how much of a reduction in the square footage would be
required to achieve a steeper pitch to the roof.
Director Stated that an architect would need to make that calculation.
Kozak Thanked staff and the applicant for bringing back the exterior
improvements such as scaled shingles, enclosed staircase,
relocation of the guest room door and second story window;
however, some of the key elements remain unresolved; the staff
report references a reduction in the massing of the building that
would accomplish the improvements the Planning Commission is
looking for without requiring a Variance; it is important to recognize
that the main house may be 1614 square feet of livable space
while the proposed two-story ancillary building would be 952
square feet per floor; the proportion of the building and the exterior
elevation show few changes in the articulation to make it look mare
like the main building; the question is how to reduce the
~ proportions of the building to achieve the design goals.
Minutes -Planning Commission December 9, 2008 -Page 3
Willkom Responded that there are several options to achieve the design
goals, such as the ground floor garage space being modified to
incorporate a portion of the guest area on the ground floor, thus
allowing for a steeper pitched roof on the second floor and allowing
the applicant to reach the desired square footage of the guest
room living space.
Director Added that all of the elevations could include steeper pitched
roofs, even if not identical; dormers could be incorporated into
some of the pitches, which areas would be usable as window
seats and similar things that are often seen in older homes and are
complementary to that type of architecture.
Puckett Invited the applicant to the lectern.
Michael Ferguson Stated that the home is an 1885 Queen Anne Victorian home with
applicant abasement; there are
!
tl
o
ull bedrooms and a full bathroom
two
has
bath; the second floor
the ground floor is approximately 1400-1500 square feet; the
second floor is more than 800 square feet; adding those two
together makes 2400 square feet of living space in the home, not
1600; it is not easy to see the roof pitches on the drawings; the
rooflines presented match the main structure, which is a
combination of 6-12 and 8-12 pitch roof; the back of the house is f
6-12; there is a flat piece that comes off an upper dormer that is an
identical match; the proposed structure looks larger than the main
structure because it is square cornered and has a taller ceiling in
the upper floor; he does not want to build a small shack but
something that he can use; he will not build a 400 square foot
garage; he will use the extra space on the ground floor for storage;
the Certificate of Appropriateness is up to the Planning
Commission.
Thompson Asked staff for clarification regarding the discrepancy in the square
footage of the house.
Willkom Indicated that the 1600 square foot number was in the City
records.
Stated the 1600 square feet referred only to the ground floor; and,
Mr. Ferguson pointed out various pitches on the PowerPoint slide.
Referred to the Director's mention of the 10 percent rule regarding
Thompson 000 square foot lot and an ancillary structure on that size lot
a 12
,
being limited to 1200 square feet; this does not mean that building f
a larger structure on a smaller lot would be allowed.
Minutes -Planning Commission December 9, 2008 -Page 4
Mr. Ferguson Stated he is not familiar with the 10 percent rule; he relied on the
Design Guidelines; what he is proposing is within those guidelines;
there is also the difference between R-1 and R-2 zoning.
Thompson Indicated he did not believe the 12,000 square foot size makes a
property R-2.
f
Mr. Ferguson Noted this property formerly had another structure in the back
which he demolished due to the termite infestation.
Thompson Stated that the staff report suggests that full compliance would
restrict the square footage on the second story and cause a
reduction in the massing.
Mr. Ferguson Responded that would not be a second story but an attic.
Thompson Asked what the better alternative would be: 1) to comply with the
Guidelines which causes the second-story massing to diminish, or
2) to get a Variance that allows a higher structure and a roofline
that works but does not reduce the massing.
Mr. Ferguson Stated that he believes he has submitted a sound proposal that
meets alt the guidelines and criteria required by the City.
Kozak Asked for the proposed height of the living space in the ancillary
structure.
Mr. Ferguson Replied the ceiling is proposed to be eight feet high.
Kozak Stated he was having difficulty understanding the dimensions of
the roof at the north and south elevations.
Mr. Ferguson Answered that the elevations would be similar to the main house.
Referred to his responses to the Variance permit regarding the
special circumstances and privileges contained in the staff report;
he disagrees that this would set a precedent; he has the only
Queen Anne house on the neighborhood; all the other homes are
1940s and would not want this type of roofline.
Commented that Condition 3.2 should be deleted. Condition 3.5
refers to a three-foot landscaped area; he has afive-foot culvert
immediately off his property; adding three feet of landscaping
would be unreasonable and should not be required.
Minutes -Planning Commission December 9, 2008 -Page 5
Mr. Ferguson Stated he is not willing to make any further design changes.
continued
Director Noted that the 1614 square foot number for the existing structure
was taken from the applicant's submitted plans; staff would need
to do a calculation of the lot coverage to determine if the existing
and proposed structures were over lot coverage.
Puckett Invited others to speak.
Linda Jennings, Stated that she was speaking for herself and not representing any
350 South B Street group or organization; she complimented the applicant for the
articulation and other additions to the new plan; she still sees a
problem with the massing of the proposed structure, in particular
the massing of the building in relationship to the Victorian house;
the claim that the structure will not be visible due to mature
landscaping is invalid since there is no guarantee that large trees
will not come down; the document she submitted to the Planning
Commissioners and staff this evening was not a letter but a copy
of the Secretary of Interior Standards for Historic Structures, which
are standards generally accepted by the historic community when
looking at rehabilitation, restoration, preservation, or reconstruction
of any historic structure; No. 9 states "the new work shall be
differentiated from the old and will be compatible with historic
materials, features, size, scale, proportion, and massing to protect
the integrity of the property and the environment"; this is very
important and should be considered as staff pointed out; the
Commission should deny the Variance and send the application
back to staff for further design changes to meet the standards of
the historic district, particularly considering the building's
proportion, how it fits with the existing structure, how it fits with the
other structures in the historic district, and a precedent being set if
all the aspects of the proposal are approved.
Llyn Smith, 540 Stated that she lives in an 1885 Queen Anne cottage with a
West 3`~ Street sweeping curved roof; she appreciates Mr. Ferguson's efforts to
attempt to add garage; her house came with a garage built by a
previous owner, a 1960 one-story; a Queen Anne appears to be
delicate and light; her garage is squat; the massing of the
proposed garage and guest quarters is a major concern; it will look
like a big box sitting on the lot; the enormous appearance would
subsume the Victorian structure; more than the roof pitch and the
articulation, she would request that the design and volume of the
structure be constructed in a more compatible way and the
Variance be denied.
Minutes -Planning Commission December 9, 2008 -Page 6
Terry Tutl, Stated he lives just around the comer from Mr. Ferguson; he sees
~ 165 South Pacific no problem with the design except for the flat area at the roofline;
Street one of his neighbors just built a large addition at the back of the
house; he does not object to the size of this proposal; it seems that
Mr. Ferguson is being penalized for the extra square footage
proposed; he has no problem with the proposed Variance to add
height.; however, there may be a problem with the yard
disappearing.
8:25 p.m. The Public Hearing closed.
Thompson Stated it is commendable to see some of the articulation and the
additional effort of enclosing the stairwell, adding the fish scale
treatments, etc.; it should be clear for the record what the correct
square footage calculation should be; the error was in the plans,
not in the staff report; the issue seems to be full compliance of the
Code; there should be flexible guidelines that respect property
size, setback from properties, etc.; it was suggested at the last
meeting that a higher structure would address all of the problems,
including massing; when there is a 28 foot deep structure and a
roof that must cover it, geometry requires a certain roof height; the
objective was not to permit a higher structure; it is not the desire of
I the Commission to drag out the process; he is prepared to go
either way: 1) follow the Guidelines, which restrict the massing,
and provide the appropriate coverage that everyone must live
under, or 2) support a higher structure to address all the issues; it
is his suggestion to approve the resolution and wait for a proposal
that addresses the massing and higher roofline; Condition 3.5
should be modified regarding the three feet of landscaping; the
applicant's situation with the drainage culvert is unique; the
applicant's proposal conflicts with other Guidelines; it is not right
that a special privilege be granted.
Murray Thanked the applicant and staff; he still has concerns and would
prefer to move this project forward at this time; there needs to be
some sort of agreement to meet the applicant's needs while
staying within the standards.
Kasalek Stated her major concern was the flat, boxy look of the walls; this
design does not fit with the character of the house; this is more
than a garage; it is housing; the setting of a precedent is also a
concern; a better design is necessary; she would prefer to go with
staff recommendation denying the Variance.
Kozak Indicated he appreciated the work the applicant had done in
coming back with external improvements and enhancements to
Minutes -Planning Commission December 9, 2008 -Page 7
the design; he is committed to Old Town Guidelines and realizes
the applicant has been sensitive to those Guidelines; the massing
and scale remain the issues; the footprint of that building has not
changed and that is the variable to consider; a height Variance
does not accomplish the goal.
Puckett Reiterated that it has taken the applicant 25 years to get back to
the Planning Commission; he should not be further delayed; the
project looks good and is well hidden, the staircase was
incorporated, etc.; the Planning Commission should approve
staffs recommendation to get the project moving forward; he
would also favor the Variance but, in an effort to move the project
forward, would be inclined to follow staff s recommendation.
Thompson Added that the prior application had issues with the roofline and
was not an approved project; he wants to be sure he understands
that distinction and the plan still needs modification to the roofline,
which would restrict the massing.
Director Answered that was correct; the prior application included a
resolution similar to Condition 3.2 that required modification at
plancheck.
Thompson Suggested that will solve the massing; and, moved approval of
Resolution No. 4105 with the modification of Condition 3.5. -
Director Indicated that condition is a Code requirement for all properties in
the City to prevent individuals from concreting front yards;
properties without the three-foot landscaping were given a certain
amount of time to become compliant; staff can check into the
easement but would like the condition to remain.
Thompson Asked if something could be added to include an evaluation of the
drainage easement.
Director Answered in the affirmative.
It was moved by Thompson, seconded by Kozak, to adopt
Resolution No. 4105, as modified. Motion carried 5-0.
Mr. Ferguson Asked for clarification regarding the approval.
Director Stated that the applicant should understand that the project was
approved, but the Variance was denied; the project was approved
subject to the plans being modified again.
Minutes -Planning Commission December 9, 2008 -Page 8
Puckett Encouraged the applicant to work with staff to move the project
forward.
Continued to 4. CONTINUED CODE AMENDMENT 08-004 (ORDINANCE
January 13, 2009, 1360)
Planning
Commission meeting On March 18, 2008, the City Council was provided with a
staff report that discussed the issues associated with the
abatement of shopping carts. Staff provided the Council
with the City of Westminster's policy on shopping carts.
Council directed staff to implement a similar program.
Based on that direction, staff prepared Code Amendment
08-004 to adopt new shopping cart regulations.
RECOMMENDATION:
That the Planning Commission continue this item to the
January 13, 2009, Planning Commission meeting.
Puckett Asked if there was anyone is attendance who wished to present
testimony.
It was moved by Kozak, seconded by Kasalek, to continue this
item to the January 23, 2009, Planning Commission meeting.
None REGULAR BUSINESS
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 18
AND DECEMBER 2, 2008, CITY COUNCIL MEETINGS.
Director reported The City Council considered the revocation of the conditional use
permit for Roderick's; the Planning Commission's recommendation
was upheld.
The City Council considered another Mills Act within the Old Town
area at 520 West Main Street.
The City Council approved letters regarding SB 375 and AB 32,
the sustainable communities strategy and greenhouse gas Bills;
one letter identified concerns regarding those bills and another
letter requested deferral of the bills for two years.
Minutes -Planning Commission December 9, 2008 -Page 9
Director continued City staff has been attending various workshops presented by
SCAG; staff will be providing a presentation for the Planning
Commission and the City Council
Former Planning Commission Chair John Nielsen was selected as
the City's representative to fill the District 17 seat on SCAG,
replacing Lou Bone who served in that capacity and who has been
termed out of the city Council.
Doug Davert was appointed Mayor and Jerry Amante Mayor Pro
Tem.
COMMISSION CONCERNS
Thompson Offered congratulations to Councilmembers Amante, Nielsen, and
Gavello regarding their certifications to the City Council and to
Mayor Davert and Mayor Pro Tem Amante.
Shared that at the November OCTA Citizens Advisory Committee
meeting there was a lot of discussion regarding rails, station
expansion, quiet zones, etc., all very good things that are being
planned; a looming issue in the discussion was the current
financial crisis, which will impact governmental agencies that rely
on sales tax dollars; OCTA is run in a healthy manner and is taking
proactive action with trims and cutbacks.
Stated that the November 20~' Mayor's Breakfast was enjoyable;
Dwight Stones presented an inspirational pep talk from a sports
perspective that applies to everyone.
Noted that the Christmas Tree Lighting ceremony on December 5
and continuation to Old Town was a wonderful way to connect the
two events; the lighting in Old Town looks terrific and made the
walk over from City Hall fun and festive.
Indicated he continues to attend the Building Industry Association
leadership class; he was proud to see Councilmember Palmer
make a presentation at the Village of Hope, focusing on
philanthropy and the role of leadership; this was a very
complimentary presentation and inspirational to the degree that a
homegrown project, Teen House, a home for emancipated faster
care women, has been created; studies have shown that girls in
foster care often end up with nowhere to go when they turn 18;
he's proud to be a part of that endeavor.
Minutes -Planning Commission December 9, 2008 -Page 10
Murray Stated that Tustin Cops set up a Thanksgiving table; it is always
I nice to see the Police Association generate funds and offerings to
those needy families on Thanksgiving Day at the Tustin Youth
Center; they are to be complimented.
Indicated he attended the swearing in of the new City Council; and,
congratulated past-Chair Nielsen, Jerry Amante, and Ms. Gavello.
Extended his thanks to Lou Bone and Tony Kawashima for their
distinguished service to the City; they did outstanding work, are
very much appreciated, and will be missed.
Stated that the Tree Lighting and Metrotrain arrival of Santa was
wonderful and a tribute to former Councilman Lou Bone who was a
strong advocate of the program.
Noted he will be attending the Water District meeting this Friday;
water will become more and more an important part of things that
the Planning Commission must consider, and he will make every
effort to become actively involved.
Wished Happy Holidays to his fellow Commissioners.
Thanked staff for all their hard work this year; and, stated he looks
forward to a great new year.
Thanked the Tustin Chamber of Commerce for all the work they do
and the great partnerships that the Planning Commission
participates in, such as ribbon-cutting ceremonies, etc.
Kasalek Stated that she very much enjoyed Dwight Stones' speech at the
Mayor's Prayer Breakfast.
Wished everyone a Merry Christmas.
Indicated that she does volunteer work with foster children and
was happy to hear Commissioner Thompson speak about Teen
House for which there has been a great need.
Kozak Congratulated Mayor Davert and Mayor Pro Tem Amante.
Stated he was pleased to witness the oath of office taken by
Nielsen, Gavello, and Amante; it was heartwarming to see the
many presentations to former Councilmembers Bone and
Kawashima after their many years of service; Supervisor Campbell
had many good words to say about both; there are only good
Minutes -Planning Commission December 9, 2008 -Page 11
words to say what Lou Bone and Tony Kawashima have done for
their community; it was also nice to see the many former mayors in
the audience.
Indicated he enjoyed the Prayer Breakfast and Dwight Stanes and
also the Christmas Tree Lighting and appearance of Santa.
Wished everyone a Merry Christmas and Happy New Year, which
perhaps may be filled with challenges, but we can all work together
to make things better.
Puckett Stated this has been a wonderful year with a great group of
Planning Commissioners with whom it is a pleasure to serve.
Indicated he was out of town the past ten days babysitting his
grandchildren in Sacramento; hence, he missed the installation,
the tree lighting, etc.; he will make every effort to attend any other
events planned between now and Christmas.
Thanked former Councilmembers Bone and Kawashima for all the
service they have given the City for the past 10 years.
Stated the Tustin Police Department is in the process of taking the
Santa Sleigh to all the neighborhoods; it came to Peppertree this
evening, and it was wonderful to see how excited the children
were; George Vallevieni is to be commended for his work in
organizing the event; the Tustin Community Foundation provided
the funds 10 years ago to begin the event.
Congratulated new Councilmembers Nielsen and Gavello and also
Mayor Davert and Mayor Pro Tem Arnante.
Noted that the Prayer Breakfast was very well attended and a
wonderful event; everyone can now look forward to the Mayor's
Inaugural Dinner in early February.
Expressed his thanks for the fine job the Commissioners have
done with the reinstituted Invocation(s) at the beginning of the
meetings.
Wished everyone a Merry Christmas.
Stated that he wished to adjourn the meeting in honor of Sal
Huizar, husband of the City's Deputy City Clerk.
Minutes -Planning Commission December 9, 2008 -Page 12
9:00 p.m. ADJOURNMENT
In Memo of
l _~ ry
Sal Huizar
Husband of Deputy City Clerk Maria Huizar and Father of Natalia
The next regular meeting of the Planning Commission is
scheduled for Tuesday, January 13, 2009, at 7:00 p.m. in the City
Council Chamber at 300 Centennial Way.
~~,~~~
Charles E. Puckett
Chairperson
Elizabeth A. Bmsack e
Planning Commission Secretary
Minutes -Planning Commission December 9; 2008 -Page 13
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JANUARY 13, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray (arrived late),
Thompson
Staff present Elizabeth A. Binsack, Community Development Director
Christine Shingleton, Assistant City Manager
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Brad Steen, Code Enforcement Officer
Khaya Breskin, Police Officer
Eloise Harris, Recording Secretary
PUBLIC CONCERNS
Chair Puckett congratulated his grandson, Rory Dotson, who will
celebrate his 10~' birthday tomorrow.
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - DECEMBER 9, 2008,
PLANNING COMMISSION MEETING.
It was moved by Thompson, seconded by Kasalek, to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
Taken out of order 3. ZONE CHANGE 08-003 - AMENDMENTS TO THE
PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT
Adopted Resolution REGULATIONS TO AMEND THE PROSPECT VILLAGE
Nos. 4109, 4110 PLANNED COMMUNITY DISTRICT REGULATIONS TO: 1)
Minutes -Planning Commission January 13, 2009 -Page 1
ALLOW COMMERCIAL SERVICE USES AND CERTAIN
OFFICE USES, AS WELL AS RETAIL USES, IN ALL SIX
(6) OF THE LIVE-WORK UNITS FACING PROSPECT '
AVENUE; (2) ALLOW VARIOUS FOOD-RELATED USES
TO SATISFY A REQUIREMENT THAT A MINIMUM OF
FIFTY (50) PERCENT OF THE GROUND FLOOR OF THE
MAIN STREET COMMERCIAL BUILDING CONSIST OF
FOOD-RELATED USES; AND, 3) ALLOW
OPTOMETRISTS AND OPTICIANS. OTHER MINOR
AMENDMENTS ARE ALSO PROPOSED. THIS PROJECT
IS LOCATED AT 191 EAST MAIN STREET AND 270-292
PROSPECT AVENUE IN THE PLANNED COMMUNITY
(PC) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission:
a. Adopt Resolution No. 4109, recommending that the
City Council adopt findings that Zone Change 08-003
is within the scope of the previously approved
Prospect Village Final Environmental Impact Report
(FEIR).
b. Adopt Resolution No. 4110, recommending that the
City Council approve Ordinance No. 1361 adopting
amendments to the Prospect Village Planned
Community District Regulations (Zone Change 08-
003), attached to the draft ordinance as Exhibit 1.
7:05 p.m. The Public Hearing opened.
Thompson Recused himself and left the dais.
Reekstin Presented the staff report.
Puckett Invited the applicant to the lectern.
John Tillotson, Thanked staff for considering this zone change; given the dire
Prospect Village economic situation, the more flexibility allowed for obtaining renters
or purchasers of these homes, the more it will help get through
these difficult times.
Puckett Noted that he toured the project, which is a gorgeous addition that
will benefit Old Town Tustin.
Minutes -Planning Commission January 13, 2009 -Page 2
Mr. Tillotson Stated that it has been a special privilege working in Tustin; this has
been an unfortunate matter of timing and the market place.
Linda Jennings, Stated her concem that this zone change will set a precedent; she
350 South B Street has received many calls from buyers who want to purchase homes
in Old Town Tustin for professional use who are disappointed when
told the zoning ordinance does not allow that use; she also receives
inquiries from people who want to move professional offices into
Old Town and are disappointed learn Old Town is zoned for retail; if
the zoning for Prospect Village continues to be changed, that
precedent will change the established policy; the Commission
should maintain the zoning as it is; many favors have already been
granted to Prospect Village; the price on the units is very high
compared to the prices of other homes in Old Town; perhaps that
could be flexed by the owner; it is not always appropriate during
hard times to change zoning.
Brent Ferdig, Noted his concem regarding the zone change; the first floor retail
140 South Myrtle component was designed to bring retail businesses to Old Town;
three of the six units along Prospect were rezoned to commercial or
professional use; it does not appear that any of those have been
sold; there are currently two sold signs, both for dwellings on the
alley; he believes it is inappropriate to change the zoning for
marketing reasons at least until the existing three have been sold
~ and people are waiting to buy the other three; decisions made
today should be for the long time for the residents of Old Town and
everyone in the community.
7:15 p.m. Commissioner Murray arrived. The Public Hearing closed.
Kozak Stated that he appreciates the concerns stated by Ms. Jennings
and Mr. Ferdig and thanked them for addressing the Commission;
the concerns regarding precedent are valid; at the same time, it is
important that the project be successful in the long term; this is a
unique project and opportunity for Old Town; the Commission
needs to do its part to bring about success; this zone change is a
step in the right direction and should be moved forward.
Kasalek Indicated her agreement; with the economy as it is, the
marketability of everything has suffered; and, asked if the three
units with changed zoning have been sold.
Mr. Tillotson Answered in the negative.
Murray Apologized for being late; he considered this project carefully;
concerns regarding precedent-setting may be valid, but these are
Minutes -Planning Commission January 13, 2009 -Page 3
unusual economic times; as long as the changes do not create
hardships, it is important that this project be successful; it will add
vitality to Old Town.
Puckett Agreed with his colleagues; and, asked far a motion.
It was moved by Murray, seconded by Kasalek, to adopt Resolution
Nos. 4109 and 4110. Motion carried 4-0.
Thompson Returned to the dais.
Adapted Resolution 2. CONTINUED FROM DECEMBER 9, 2008, PLANNING
No. 4106 COMMISSION MEETING -CODE AMENDMENT 08-004
(ORDINANCE 1360)
On March 18, 2008, the City Council was provided with a
staff report that discussed the issues associated with the
abatement of shopping carts. Staff provided the Council
with the City of Westminster's policy on shopping carts.
Council directed staff to implement a similar program.
Based on that direction, staff prepared Code Amendment
OS-004 to adopt new shopping cart regulations.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4106
recommending that the Tustin City Council approve
Ordinance No. 1360 amending Article 5 Chapter 9 of the
Tustin City Code establishing updated regulations for the
abatement of the shopping cart nuisance.
7:20 p.m. The Public Hearing opened.
Thomas Presented the staff report.
Thompson Asked if the PowerPoint presentation was the same one that was
referenced on page 7 of the staff report as presented to the City
Council.
Director Suggested that Councilmember Bone was interested, as he has
been for several years, in this issue and the concern to the broader
community; he had read that the City of Westminster adopted an
ordinance; he was interested in their procedures and asked staff to
bring the Westminster Ordinance to the Council, which staff did, as
a report. The Council directed staff do an analysis of that
ordinance, perform outreach into the community and Chamber.
Minutes -Planning Commission January 13, 2009 -Page 4
Thompson Referred to Exhibit B which lists the businesses in the City that
have carts; in staffs analysis of the situation, was there one
particular business losing most of the carts ar more of a uniform
situation among the retailers on the list.
i
i
Thomas Stated there was not one specific offender; this is a city-wide
problem for any business with 10 or more carts; the ordinance is
designed for consistency throughout the City.
Director Added that staff has also found carts from stores that are not
located within the Tustin community; there is no way to know if
these carts are traveling from other communities or stores in the
community who use carts that are not affiliated with their stores.
Thompson Asked what has been the cost for the City to administer cart
enforcement.
Thomas Responded that this is not just a code enforcement issue, but also a
public safety police issue; code enforcement officers collect 20-30
carts per month including the carts the public safety officers are
collecting, storage fees, etc. the cost can be large.
Thompson Suggested that it may be hard to quantify.
Director Added that there is a significant amount of paperwork depending on
how the cart is handled; if the cart is left for three days, a
notification made, and the cart does not move that would involve
one set of issues; if the cart is impounded and a notification sent,
that is another set of circumstances; if one assumes the lowest
common denominator at $30-$50 per cart times 30 carts per month,
it adds up; there are probably another 20-30 carts that remain
unattended which the staff may not see, end up in storm drains,
ditches, etc.
Thompson Indicated he was particularly interested in the section of the report
that stated the City of Westminster had positive feedback from the
retailers after the ordinances were put in place; and, asked if there
were more specifics staff could provide regarding the receptiveness
of the retailers.
Thomas Answered that the code enforcement officer from Westminster
indicated that by applying the ordinance consistently and
unilaterally through the city, it allowed the retailers to implement
these measures without having people go down the street to a
store that did not have locking mechanisms.
Minutes -Planning Commission January 13, 2009 -Page 5
Thompson Referred to the cost to retrofit carts being between $5,000 and
$20,000.
Thomas Answered those figures were correct; stores can also work together
with another stare close by to collaborate on a system.
Director Added that would require that the retailers have similar technology;
the ordinance would not require them to have such technology; the
example was provided to show the effectiveness of that technology.
Thompson Asked what the appeal fee would be if one were filed today.
Director Replied that the appeal fee is set by resolution of the City Council
and has not been established.
Kasalek Asked what type of barriers would exist if this ordinance were to be
approved.
Thomas Answered that the ordinance is written to include barriers around
the perimeter of the property; another option would be the carts
stopping at the door with acarry-out system or other alternatives;
one of the options would be take-away carts for transporting.
Kasalek Asked if there would be a timeframe for implementation once a plan
has been approved.
Thomas Indicated that the ordinance refers back to Section 9272 of the
Tustin City Code which is a standard process for a design review;
the cart plan would be reviewed similarly with the same timeline.
Kasalek Stated it was her concern that no hardship be placed on retailers
during these difficult economic times and that some flexibility be
allowed.
Director Noted that Section 9272 allows a year to implement such
applications.
Kasalek Asked, regarding any revocation, if there are complexes or centers
that have generic carts for the entire center and not store specific.
Director Stated that most carts are store specific.
Murray Questioned whether any locations had a business plan submitted
by a business association rather than individual stores.
Minutes -Planning Commission January 13, 2009 -Page 6
Director Indicated that such a plan would be taken into consideration if all
the businesses within a center could be incorporated into the plan;
a large center in Irvine has such a plan.
t
Murray Asked if it would be helpful for code enforcement or public safety to
add anything to this discussion.
Khaya Breskin, Stated the costs were discussed regarding citations and whether
Police Officer this should be through the Municipal Code or the Business and
Profession Code; due to the resources it takes for the citation
process for an infraction or misdemeanor, the cost goes through
the County; the City has a contract with the County to process the
paperwork; the City pays per incident; City Attorney costs are paid
on a hourly basis; each time there is an incident, significant costs
and officer time are involved.
Murray Asked if there are resources available for the retailers to find
examples of cart-containment draft plans.
Thomas Provided information to the Planning Commissioners that she found
online regarding a local company that provides acart-containment
system.
Kozak Thanked staff for this evening's report and slide show and also for
the time spent answering his questions earlier in the day to address
some of his concerns regarding the ability of this ordinance to move
forward and address the blight issue; this ordinance seems to be a
model that works in other communities; this ordinance is responsive
to Councilmember Bone and the Council's call to action to help
address this issue; he endorses the ordinance and encourages
staff to provide information on the City's website to make it easy for
the retailers to implement the process.
Puckett Asked if anyone else wished to speak.
Teresa Bell, 2201 Stated that she manages TJ Maxx which has two stores in the City;
Dupont Dirve and, asked for clarification whether or not an electronic device
would be required; that would be very expensive for a store the size
of hers.
Puckett
Asked staff for a response.
Thomas Stated that the installation of physical measures does include the
disability devices on all carts either at the perimeter or physical
barriers located at the doors, around loading areas, or other defined
Minutes -Planning Commission January 13, 2009 -Page 7
perimeters; stores can coordinate with other businesses to
implement this requirement.
7:55 p.m
Commission
The Public Hearing closed.
It was the consensus of the Commission that ordinance should be
passed as a means to alleviate the shopping cart blight.
It was moved by Thompson, seconded by Kozak, to adopt
Resolution No. 4106, with the correction noted by staff. Motion
carried 5-0.
REGULAR BUSINESS
Received and filed 4. 2008 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 2007/2008 report period.
RECOMMENDATION:
That the Planning Commission receive and file this report.
It was moved by Murray, seconded by Kozak, to receive and file the
report. Motion carried 5-0.
STAFF CONCERNS
Nothing to report 5. REPORT OF ACTIONS TAKEN AT THE JANUARY 6,
2009, CITY COUNCIL MEETING.
COMMISSION CONCERNS
Thompson Wished everyone a Happy New Year.
Reminded staff that there are two items he would like revisited
during the coming year: 1) further education from staff regarding the
processing of massage parlor conditional use permits, and 2) status
of the Legacy, especially regarding the current economy.
Minutes -Planning Commission January 13, 2009 -Page 8
Thompson Stated he attended an Orange County Business Council meeting
continued during which the Infrastructure Committee discussed the current
conditions of the State, Caltrans transportation projects, etc. and
the expected financial impacts of recent developments.
Murray Wished everyone a Happy New Year; and, added that he looks
forward to a great year with a great Commission.
Asked everyone to keep in mind the upcoming Martin Luther King
holiday, Monday, January 19, and the importance of equality in our
country.
Kozak Wished everyone present and those who may be watching a Happy
New Year.
Indicated that, while 2009 may be a challenging year, he looks
forward to working with his colleagues and staff to serve the City
Council and members of the community.
Kasalek Wished everyone a Happy New Year.
Stated she attended the ceremony at Tustin High School honoring
Mike Cavic who raced against Michael Phelps in the 100 meter
butterfly and who was a close friend of one of her sons; it was nice
1- to see John Nielsen present a proclamation from the City.
Indicated that it was very nice to see Alison Kaprielian win the
contest that gave her the opportunity to sing with Miley Cyrus.
Reminded everyone how fortunate Tustin is to have such good
schools and so many fine students attending them.
Puckett Wished everyone Happy New Year.
Reminded everyone that the Mayor's Inaugural Dinner, the social
event of the year, takes place February 5 at the Tustin Ranch Golf
Course; the Tustin Conservancy can be contacted for tickets to the
event.
Congratulated Officer George Vallevieni on another great year of
running the Santa Sleigh program.
Stated he wished to adjourn in honor of Pastor Steve Willis of the
First Christian Church of Irvine, who died last week of cancer at age
65; his wife died at age 48, so their daughters have now lost both
their parents; Steve did a tremendous service for the City of Irvine
Minutes -Planning Commission January 13, 2009 -Page 9
in founding Church Row; he was a Chaplain at Irvine Regional
Hospital and also for the Orange County Fire Authority; he left a
fine legacy and made the world a better place.
8:12 p.m. ADJOURNMENT
In Memory of Pastor Steve Willis
First Christian Church
Irvine
The next regular meeting of the Planning Commission is scheduled
for Tuesday, January 27, 2009, 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 January 13, 2009 -Page 10
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JANUARY 27, 2009
7:03 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, 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
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Eloise Hams, Recording Secretary
PUBLIC CONCERNS
Linda Jennings Requested that staff prepare an addendum to the Certified
Local Government Annual Report to include information
regarding Tustin Area Council for Fine Arts and Tustin
Preservation Conservancy sponsorship of the ArtWalk and also
provide the brochure explaining the Historic Register Program.
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -JANUARY 13, 2009,
PLANNING COMMISSION MEETING.
It was moved by Thompson, seconded by Murray, to approve
the Consent Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Received and filed 2. HISTORIC PRESERVATION WORKSHOP
This workshop will include information regarding the
Cultural Resources Overlay District Ordinance,
Minutes -Planning Commission January 27, 2009 -Page 1
Certificates of Appropriateness, the Historic Survey and
Historic Resources Survey Report, Certified Local
Government Status, Old Town Residential Design
Guidelines, Fee Waivers, the Mills Act Program, the
Tustin Historic Register (Plaque) Program, and the
Commendation Program.
RECOMMENDATION:
That the Planning Commission receive and file this
report.
Reekstin Presented the workshop report.
Murray Asked if there might be any CLG grants available at this time
and whether the program is on a calendar or fiscal year.
Reekstin Answered that the program is on a fiscal year schedule; there
is a call for grants every year; the amount of grant funding has
declined over the years; the requirements for issuing grants to
agencies have become more stringent regarding the ranking
criteria; CLG is asking that jurisdictions increase their historic
preservation programs to be considered in the top group to
receive grants.
Murray Questioned whether or not there is anything staff can do to
promote the Mills Act program for residents of the historic
areas; 12 properties out of 200 that are participating seems a
very small percentage of residents availing themselves of this
opportunity.
Reekstin Responded that it has been a while since staff has performed
outreach; in the past, there were direct mailings to property
owners who are eligible; there are various reasons that people
may not respond.
Murray Asked if the reason might be that the paperwork involved is too
labor intensive.
Reekstin Answered that there is not a great deal of paperwork; it may be
that the savings would not be considerable; there may be
people who do not know about the program; staff often
recommends that Mills Act homeowners share information with
their neighbors regarding how well the program works; staff
has received only positive feedback from the Mills Act
participants.
Minutes -Planning Commission January 27, 2009 -Page 2
Director Added that staff can check to see if there might be space for
advertising in Tustin Today regarding the benefits of the Mills
Act; Mills Act contracts must be entered into prior to the end of
each year; also, staff receives information on a monthly basis
regarding individuals moving into the City and can initiate direct
mailings on behalf of the Planning Commission.
Murray Asked if staff has the data regarding the number of
Commendation plaques presented.
Reekstin Replied that staff can provide that information to the
Commission.
Thompson Stated that the workshop provided a good overview of all the
things being offered to Old Town Tustin; because he has been
a resident of Old Town since 1987, he has observed the
evolution of many of these programs; the Mills Act seems to be
one of the best-kept secrets in Tustin; that is not because the
program is not talked about but because it can be hard to
understand; there is an annual report required that can seem
daunting; each home has its own unique calculation from the
County.
Noted the City has a great working relationship with the
- Historical Society and the Tustin Preservation Conservancy
related to the Commendation and plaque program; there is
partnership happening within the community; realizing that
there are funds available in the CLG program, perhaps those
funds could be used to pursue the Commercial Guidelines.
Kasalek Indicated that staff provided an outstanding summary report
Kozak Thanked staff for the report; this was a good refresher;
applying for grants for the Commercial Guidelines, given the
fiscal crisis, would be an important area for staff to monitor and
keep the Planning Commission informed; perhaps a workshop
could be held regarding the Mills Act with the participants, the
Assessor, and staff that would allow the Commission to go
through the program and try. to encourage and invigorate
interest.
Suggested a future workshop to develop a work plan for the
balance of the Fiscal Year or calendar year so that ways to
proceed with historical preservation in spite of the financial
r crisis can be investigated.
Puckett Thanked st ff
a for awell-done report; it is important to follow up
on the Mills Act; stated that it seems that this program could
Minutes -Planning Commission January 27, 2009 -Page 3
provide a 70 percent tax reduction that should be a good
incentive in these times; and, asked for a motion.
Kendig Indicated that any members of public who wished to should be
invited to speak on this item.
Linda Jennings, Noted that the Conservancy advertises the Mills Act in their
350 South B Street, newsletter and on their website; since there is no up-to-date
Tustin Survey, many houses have been left out of the historic district;
there are houses along Myrtle Street that were built around
1945 that are not included in the Survey; if homes are not on
the Survey, they are not eligible for the Mills Act.
Lindburgh McPherson, Stated he has lived in Tustin about 16 months and is interested
310 South Pasadena, in applying for the Mills Act; if it works as well as it sounds, he
Tustin believes he could interest other homeowners in the program.
340
Marcus Brown Indicated that he lives in a D-rated home and would like to
,
West Main, Tustin know if there is any possibility of a change in that rating in order
to apply for the Mills Act.
Reekstin Replied that he has received similar inquiries in the past and
advised the homeowners to work with staff to present an
application to the City Council determining whether or not the
property would be eligible for re-rating.
Puckett Requested that staff could stay in touch with Mr. Brown in that
regard.
Staff Answered in the affirmative.
Brown Suggested that the larger factor regarding the Mills Act is fear;
many of the homes inherit code violations that may require
costly upgrades.
Thompson Indicated that Mr. Brown's suggestion may be correct, but the
$2,000-$4,000 a year savings on property taxes should be an
incentive; that amount could be applied toward the home to
bring the house up to Code.
Llyn Smith, 540 W 3`d, Stated that she has lived in her historic home since 1983 and
Tustin fear has been a factor because the Mills Act involves a 10-year
rolling contract; from 35 years of experience, she knows there
has to be a sample or standard regarding what the contract
would include; there also should be a sample of an annual
report; the Assessor being the tax calculator requires some sort
of standardization to provide some idea of how much might be
saved before spending $500 to start the process.
Minutes -Planning Commission January 27, 2009 -Page 4
Kasalek Noted that the workshop suggested by Commissioner Kozak
might provide the appropriate Mills Act information.
It was moved by Murray, seconded by Thompson, to receive
and file the report. Motion carried 5-0.
Received and filed 3. PROJECT SUMMARY
The summary focuses on the status of projects that the
Planning Commission, Zoning Administrator, or
Community Development Director approved, major
improvements projects, and other items of interest.
RECOMMENDATION:
That the Planning Commission receive and file this
report.
F
l
Willkom Presented the staff report.
Puckett Stated that it is good to see there is still a lot going on in Tustin.
Thompson Requested that staff provide some measurement in the next
project summary indicating, given what is happening as a result
of the economy, the state of planned construction and
construction on hold, especially at The Legacy
Kozak Thanked staff for the project summary; and, noted that the
Pasadena well site structure is very attractive, especially on the
northern part of the property which has apark-like appearance.
Kasalek Asked for the timeline regarding the Tustin Ranch Road
extension.
Lutz Answered that the project is in final design; the right-of--way at
the comer of Tustin Ranch Road and Walnut is being acquired;
there is no completion date available due to the current
economic situation.
Puckett Stated that, when he purchased his home in Peppertree in
1975, that road was planned; no one indicated it still would not
be there in 2009; the project summary makes one proud to live
in Tustin and know there is still a lot of building activity.
Mr. McPherson Complimented the City on the appearance of the well site;
however, the windsock on the roof is an eyesore that could
perhaps be replaced with something that does not look so
industrial and would blend into the neighborhood.
Minutes -Planning Commission January 27, 2009 -Page 5
It was moved by Kasalek, seconded by Kozak, to receive and ~~
file the report. Motion carried 5-0.
Approved 4. COMMENDATION NOMINATION - 310 SOUTH
PASADENA
RECOMMENDATION:
That the Planning Commission approve the nomination
of 310 South Pasadena Avenue to the City's
Commendation Program.
Reekstin Presented the staff report.
Mr. McPherson Stated how much he appreciates the commendation but
requested that the name be changed to '1/Vilcox Manor" rather
than "Wilcox Villa."
Staff Indicated that request would be approved.
Commission It was the consensus of the Commission that this is a beautiful
property and wonderful addition to Old Town.
It was moved by Thompson, seconded by Kozak, to approve i
the nomination of 310 South Pasadena Avenue to the City's
Commendation Program. Motion carved 5-0.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE JANUARY 20,
2009, CITY COUNCIL MEETING.
Director reported The City Council considered the 2008-09 Mid-Year Budget a
bit earlier than usual because of the current economic
conditions; various programs are being cut back throughout the
City; the Council asked all departments and the City Manager
to come back if there were indications of any other issues that
the City may be facing.
Director Stated, regarding the discussion earlier in the meeting
regarding the Mills Act program, that the County Assessor
meets on an annual basis with Community Development
Directors, Planning Directors, and Finance Directors to discuss
services the Assessor may be able to provide to local
governments that may be beneficial; that meeting will be held
in February at City Hall; while a specific formula for a Mills Act
benefit may not be presented, the Assessor may be able to
Minutes -Planning Commission January 27, 2009 -Page 6
provide various scenarios that can be shared at a future
Planning Commission Workshop.
COMMISSION CONCERNS
Thompson Congratulated Mayor Pro Tem Amante for his recent
appointment as Vice Chair of OCTA; this is a significant
milestone for the City; the last Council person in an active role
was the late Mayor Dick Edgar, who was never Vice Chair or
Chair, but who was a great Mayor who represented the City
well.
Congratulated Mayor Pro Tem Amante regarding his recent
announcement that he will run for Assemblyman Chuck
Devore's seat when that seat is vacated.
Noted he is looking forward to the Mayor's Inaugural Dinner
next week.
Indicated he attended the BIA dinner which included an annual
forecast on the economy; while things are grim, it was stated
that the current recession is a normal recession.
Reported that a lot of landscaping was taken down at the cul-
de-sac of Sixth Street just west of the intersection with Pacific;
the freeway is now very visible from the roadway; perhaps staff
can do something to screen that blight.
Murray Stated he is looking forward to the Mayor's Inaugural Dinner.
Offered kudos to Mayor Pro Tem Amante regarding his OCTA
appointment.
Thanked staff for all their hard work.
Requested that staff consider more Planning Commission tours
of the City when the days allow enough light.
Kasalek Congratulated Mayor Pro Tem Amante.
Stated she also looks forward to the Mayoral Dinner next week,
especially the roasting of Mayor Davert.
Kozak Added his congratulations to Mayor Pro Tem Amante.
Stated that this Saturday there will be a California Native Plants
Landscaping Seminar from 9:00 a.m. to 12:00 p.m. at the
Clifton Miller Community Center.
Minutes -Planning Commission January 27, 2009 -Page 7
Kozak continued Indicated he is looking forward to the Mayor's Inauguration
Dinner on February 5"'.
Thanked staff for the excellent reports this evening and the
members of the Old Town community who attended and
shared their comments.
Puckett Encouraged everyone to attend the Mayor's Inaugural Dinner,
which is always a great event.
Congratulated Mayor Pro Tem Amante, adding that he has
always been one of Chair Puckett's heroes; he has done many
good things for the City; Chair Puckett has doubt doubt that
Mayor Pro Tem Amante's political career will continue upward.
Noted that at the last meeting he congratulated his grandson
on his 10~' birthday; he would be remiss not to congratulate
that grandson's father, Rob Dotson, on his 50~' birthday.
Asked that the meeting be adjourned in honor of Jim Learakos
who passed away this week; Jim was instrumental in the
operation of the Spires Restaurant; when he left Spires, he and
his son, Mike owned the Katella Grill at Katella and Main in
Orange; Jim was a good man who did a lot for the City of
Orange and Orange County.
8:20 p.m. ADJOURNMENT
In Memory Of
Jim Learakos
The next regular meeting of the Planning Commission is scheduled
for Tuesday, February 10, 2009, 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 January 27, 2009 -Page 8
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
FEBRUARY 10, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, 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
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Ryan Swiontek, Associate Planner
Eloise Hams, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - JANUARY 27, 2009,
PLANNING COMMISSION MEETING.
It was moved by Thompson, seconded by Kasalek, to approve
the Consent Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Adopted Resolution 2. DESIGN REVIEW 08-015 A REQUEST FOR
No. 4111, as AUTHORIZATION TO INSTALL A REMOTE
amended CONTROLLED SWITCH (RCS) CONTROLLER WITHIN
THE PUBLIC RIGHT-OF-WAY. THIS PROJECT IS ON
THE SIDEWALK WITHIN THE PUBLIC RIGHT-OF-WAY
AT THE NORTHWEST CORNER OF MYFORD ROAD
AND WALNUT AVENUE IN THE PUBLIC RIGHT-OF-
WAY ZONING DISTRICT.
Minutes -Planning Commission February 10, 2009 -Page 1
RECOMMENDATION:
That the Planning Commission adopt Resolution No.
4111 with the proposed specific findings approving
Design Review 08-015.
7:02 p.m. The Public Hearing opened at 7:02 p.m.
Swiontek Presented the staff report.
Director Added, regarding Finding H.4, that Southern California Edison
(SCE) indicated this was the last controller that would be
necessary for its service area within the City of Tustin; this
Finding was included in order for staff to make a positive
recommendation because this would be a significant precedent
setting recommendation; the proposed controller is serving an
existing and built-out area and the last one needed to serve the
City of Tustin; all future controllers and associated systems will
be designed to comply with the City's ordinance and design
guidelines which include the primary location is to be provided
below ground.
Thompson Thanked staff for including the guidelines; from a policy
standpoint the guidelines are very detailed regarding the finding
expectations.
Asked if these guidelines apply to the setback area between the
public right-of--way and the front of a building; please explain how
that is regulated.
Willkom Responded that the guidelines are applicable to all cabinets
within the public right-of-way; when the cabinet is on private
property, the development standards under the Zoning Code
apply; staff looks at setbacks, height of the structure, etc.; the
utility companies sometimes need to obtain an easement from
private property owners.
Thompson Suggested that the location, even though it was placed on
private property right behind the right-of-way, probably would not
have been approved.
Willkom Stated that, if a cabinet is located within private property, staff
considers potential screening through landscaping, the cabinet
being placed farther away from the front property line, etc.; if
residential property is involved, staff prefers the cabinet be
placed in a side yard if it cannot be underground or to the rear of
the home; there are several options that public utility companies
and other agencies may consider.
Minutes -Planning Commission February 10, 2009 -Page 2
Thompson Questioned whether something should be included in the
conditions of approval regarding color, and, asked that Condition
3.4 be modified to specify what color needs to be maintained on
the cabinet.
Asked if there would be an opportunity to somehow combine.
some of the facilities at that location, given that the streetlight,
two vents, and cabinet are all in close proximity.
Steve Nelson, SCE Replied that the vent pipes are far cooling; the vent pipes cannot
Region Manager be obstructed because there are a number of pieces of
equipment underground, such as transformers and the switch
that activates the circuit is in the vault, all of which generate heat;
pe-fiaps future technology will improve so that the structure could
be streamlined; the structure's purpose is to restore service as
quickly as possible.
Thompson Asked if there might be a way that the vent pipes can be more
aesthetically pleasing or combined with the cabinet area to make
it look more like an homogenous unit.
Murray Requested some historical perspective as to why that structure
was placed on private property and why post-installation
easements were not possible.
Mr. Nelson Answered that SCE was as surprised as the City was when the
contractor placed the device where it was placed; once SCE saw
it, easements were requested; the property owner did not want to
encumber that property with that device, regardless of the benefit
it might provide in the event of a circuit problem.
Murray Asked if the venting has been redesigned or is now aesthetically
more pleasing than in the photo shown in the slide presentation.
Mr. Nelson Replied that he has seen no new renditions of that switch which
is state of the art at this time; over time, all equipment tends to
become smaller and more efficient; SCE would target that switch
for replacement if that becomes an option; SCE engineers will
work with the staff to determine whether or not options are
available to make the unit more aesthetically pleased.
Kasalek Asked if SCE would be willing to move the vents as referred to in
a letter attached to the report; there is now a sort of zigzag path
through the various structures; there is also a bus stop in that
area and pedestrians are involved.
Minutes -Planning Commission February 10, 2009 -Page 3
Mr. Nelson Reiterated that SCE would be happy to work with staff to see
what is possible in terms of location and the aesthetics; as
stated, the cooling is required to ensure there are no failures in
the vault.
Kasalek Noted that the blue color suggested by SCE should be changed.
Nelson Indicated that SCE would work with staff to accomplish the color
change.
Kasalek Stated the report refers to the unit being 80 feet from the
intersection; and, asked if that would be closer to the bus stop
area and the trash can.
Mr. Nelson Responded that it was his understanding that the unit would be a
bit closer to the trash can than shown in the slide and just inside
the sidewalk to get it into the public right-of--way.
Thompson Suggested modifying Condition 3.4 to specify the color and state
options such as changing the venting to be more aesthetically
pleasing or combining one of the vents with the cabinet if that is
possible.
Director Suggested, if it was the consensus of the Commission to do that,
pefiaps modifying Condition 2.1 which involves the
encroachment permit. A sentence could be adding stating: "The
planned location and color improvements shall be subject to
review and approval by the Public Works and Community
Development Directors." Condition 3.8 could be added
indicating that "As more streamlined technological improvements
are developed, this RCS switch shall be upgraded as well as
other infrastructure within SCE's service area."
Thompson Asked if the aesthetic treatment on the air vents would also go
into Condition 2.1.
Director Answered in the affirmative.
Thompson Suggested that another Finding be added that indicates there is
compliance with the guidelines in terms of color and aesthetic
treatment under the guise of screening to minimize the
precedent setting aspect of this approval.
Kozak Stated he was puzzled as to how this unit could have been
installed on private property without the permission of the
property owner or without proper permits ftom the City; he
understands the purpose and the importance for the need of
restoration of electrical service and the RCS in this area; he is
Minutes -Planning Commission February 10, 2009 -Page 4
concerned regarding the precedential nature of this item, given
the fact that the RCS exists where it does and the Planning
Commission is cleaning up after the fact.
Finding H.4 is a step in the right direction; Condition 3.1 is very
similar to that Finding; perhaps further language could be
inserted as follows: "All future controllers and associated
systems and other aboveground accessory equipment shall be
designed to comply with applicable City ordinances and
guidelines." This would allow no lack of clarification that this
refers to anything aboveground in the public right-of--way.
The suggestions for Condition 2.1 are appropriate.
Condition 3.4 regarding graffiti issues and requiring that
materials be used to discourage and repel graffiti is very
important.
Condition 3.6 refers to the material being rust resistant; he would
be inclined to suggest additional language in the second
sentence to read as follows: "The utility provider shall maintain
the equipment in good order, and be responsible for treating any
rust or other repainting or any other method recommended by
the manufacturer that will eliminate the rust, or replacement of
the equipment as necessary pending review by the Community
Development Director."
If a precedent is to be set, the ongoing maintenance should be
considered since the City has many aboveground facilities, many
of which are in disrepair.
He supports the other suggestions by the Director and
Commissioner Thompson.
While this should not be considered a condition of this approval,
he would like to suggest that before the City receives any
requests for new aboveground accessory equipment, each utility
provider be asked to survey their utility boxes and aboveground
accessory equipment and inform the City if any of those boxes
have been installed without proper approval. It is important to
know whether the utilities are in compliance with the City's
ordinance for public health and welfare.
Mr. Nelson Clarified that some of the photos were not of SCE controllers or
switches.
Kozak Stated he was not attributing the photos to SCE.
Minutes -Planning Commission February 10, 2009 -Page 5
Director Indicated that staff was not attributing the photos to SCE either.
Puckett Stated his agreement with all the issues raised and suggestions
for modifying the conditions.
Thompson Stated he would make a motion for approval subject to the
following:
• Adding Finding H regarding the color and aesthetic
treatment leading to screening;
• Modification of Condition 2.1 as recommended by the
Director regarding color and aesthetic treatment or
combining one of the vents with the cabinet, if possible, in
further coordination with the applicant; and,
Modification of Condition 3.6 as recommended by
Commissioner Kozak.
Kozak Added that "all other aboveground accessory equipment" should
be included in Finding H.4 and Condition 3.1.
Director Questioned whether or not the Commission wanted SCE to
replace the facility with streamlined technology (when such
technology may be developed) as suggested in Condition 3.8.
Commission Answered in the affirmative.
Kozak seconded the motion. Motion carried 5-0.
7:39 p.m. The Public Hearing closed.
Approved staff 3. AREA TOURS
tour schedule n
The purpose of the tours is to provide the Planning
Commission with an overview of various areas of the City
from a community development perspective. The next
tour could be scheduled for April 28, 2009, beginning at
5:00 p.m.
Reekstin Presented a brief staff report.
Thompson Suggested, since the first tour planned is the Legacy, perhaps
staff could combine the tour with a discussion to help the
Commission understand the economic conditions that are
currently being evaluated or experienced by the development in
general in order for the Commission to see the impacts and
hardships that are being experienced; perhaps the City Council
Minutes -Planning Commission February 10, 2009 -Page 6
would like to join the tour, perhaps staff could move the Red Hill
Corridor up on the list and provide a perspective, particularly the
Engineering Department, regarding how well the restriping is
working and report whether the results have been adverse or
beneficial regarding the removal of parking and the land use
implications for things the Planning Commission evaluated and
recommended for approval.
Director Responded that staff can provide as much data as exists by
then.
Murray Suggested that he appreciated the plan for getting back on the
tour circuit; regarding the Red Hill item, his experience with traffic
measures suggests allowing enough time to compile good
information which may not be manifested in such a short period
of time.
Director Asked if the suggested date, April 28, is acceptable.
Commission Replied in the affirmative.
STAFF CONCERNS
L_
4. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 3,
2009, CITY COUNCIL MEETING.
Directed reported The City Council held the first reading of the Shopping Cart
Ordinance and will have the second reading at the Febnaary 17"'
City Council meeting; staff plans to contact other cities regarding
the plans that work best and provide suggestions to all the Tustin
retailers that may be affected by this ordinance.
The City Council held the first reading on the Prospect Village
zone change.
Planning Commission and Community Services Commission
interviews will take place February 17 at 4:30 p.m.
COMMISSION CONCERNS
Thompson Offered congratulations to Mayor Doug Davert for enduring the
Mayor's Inaugural Dinner.
Reported that in his capacity as Chair of the OCTA Citizens
Advisory Committee, due to the extreme economic conditions
that have been arising over the last few months, he would like to
offer suggestions to staff:
Minutes -Planning Commission February 10, 2009 -Page 7
Thompson continued take a strong look at rail transit goals and policies ~ ,;
particularly as related to station expansion;
I
look at modifying land use around the stations; if stations
are to become more intensely used, incentives should be
provided around the stations to add to the efficiency and
the use; and,
get projects ready in order to take advantage of federal
funds; there should be rewards to agencies that are
complying with the Master Plan of arterial highways and
bikeways; there should be incentives to cities who provide
throughways in their cities, as the City of Tustin has done
and plans to continue doing with the Legacy development.
Indicated that the Infrastructure Committee meeting with the
Orange County Business Council provided an update of the
state's current condition of financing and the federal
government's economic stimulus funding; the State of
California's bonding status is now ranked 50"'; there is
disagreement about the effectiveness of the federal stimulus
package.
Murray Stated that the Mayors Inaugural Dinner was quite an event;
and, offered Mayor Davert his congratulations.
Kasalek Added her congratulations to Mayor Davert and to his children
regarding their Astounding Inventions awards; this is a great
program in which her children also participated.
Noted that the food at the Mayor's Inaugural Dinner was
excellent.
Kozak Thanked staff for another excellent job on the agenda and Mr.
Nelson for his comments.
Indicated he enjoyed the Mayor's Inaugural Dinner and all the
festivities.
Thanked the Recording Secretary for the information regarding
the San Clemente Historical Preservation Workshop; and, stated
he attends to be there tomorrow evening.
Remarked on the beautiful sight of the snow-covered mountains
early this morning.
Puckett Indicated that he and his wife attended the Mayor's Inaugural
Dinner; it was a fine time; congratulations to Mayor Davert for
Minutes -Planning Commission February 10, 2009 -Page 8
withstanding the roast and to his wife, Melanie, who was
presented with a crown; the event was co-sponsored by the
Tustin Community Foundation.
Stated that he attended the Metropolitan Water District tour of
Diamond Valley Lake a week ago; the tour was very interesting;
he had the opportunity to tour that area about 15 years ago
during the early constntction; with this last rain, there should be a
lot more water behind the dam; the Diamond Valley Lake more
than doubled the storage capacity for Orange County; he
appreciated the opportunity to take that tour.
Reminded everyone that Saturday is Valentine's Day.
~~`~ p•m• ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Tuesday, February 24, 2009, at 7:00 p.m. in the
City Council Chamber at 300 Centennial Way.
t
~_
Charles E. Puckett
Chairperson
_.,
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission February 10, 2009 -Page S
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
FEBRUARY 24, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
Director swore in 1. SEATING OF RE-APPOINTED COMMISSIONERS
Commissioners
Kasalek, Kozak, and
Murray
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Dana Ogdon, Assistant Community Development Director
Doug Stack, Assistant Director of Public Works
Doug Anderson, Transportation/Development Services Manager
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 2. APPROVAL OF MINUTES -FEBRUARY 10, 2009,
PLANNING COMMISSION MEETING.
It was moved by Thompson, seconded by Kasalek, to approve
the Consent Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Received and filed 3. MCAS TUSTIN MITIGATION MONITORING AND
REPORTING PROGRAM
Minutes -Planning Commission February 24, 2009 -Page 1
The annual review and program memorandum provides
the fallowing:
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.
RECOMMENDATION:
Receive and file this report.
Willkom Presented the staff report.
Murray Asked if staff has figures concerning vacancy rates for homes
currently completed.
Willkom Answered that there is no vacancy rate solely far MCAS Tustin;
the State Department of Finance provides Citywide figures; the
City is currently at two percent.
Murray Asked if current changes in social services will impact completion
of the Tustin Family Campus.
Willkom Replied that construction is progressing; staff has heard nothing
from Orange County Social Services that any delay is expected.
Murray Asked if the current economy will impact the 192 beds at the
Orange County Rescue Mission.
Director Stated that soon after the Mission opened it held between 80
and 90 occupants; staff will contact the Mission to find out what
the can-ent occupancy is.
Asked if the City has any remaining projects with Laing.
Murray
Willkom Indicated that all the projects under John Laing Homes were
completed.
Thompson Noted that he took a tour of the Rescue Mission facilities in
were about 50-60 percent occupied;
the
e
t ti
t th
y
,
m
a
December; a
the intention was to gradually fill the facility to allow for proper
management at capacity.
Minutes -Punning Commission February 24, 2009 -Page 2
Thompson continued Referred to the trip budget table summarized under 3-3, page
124, and how the trip budget for the overall development burn
rate was accumulated.
Anderson Stated that Public Works has entitled development equivalent to
55,481 ADTs, compared with the overall approval of 216,440 at
buildout which amounts to about 26 percent.
Thompson Referred to Table 4-3 that summarizes all of the on-site arterial
circulation improvements that suggests most of the infrastructure
is in place; and, asked staff to identify which ones are not.
Anderson Referred to revised Table 4-4, page 128, which identifies the on-
site ADT development thresholds and the interior roadways that
will be added, improvements to existing roadways, and
construction of new roadways; at the 55,000 rate, Phase 1 has
been completed; everything has been constructed and
completed with the exception of the second item, Barranca
Parkway, Tustin Ranch Road to Jamboree Road; that road is
substantially complete and open for beneficial use to the public;
there are a few punch-list items to be worked out with the
contractor to complete the project; much of the next group down
the page has not been started, some are complete; the third
I - item, Moffett Drive, has been completed between the Peters
Canyon Channel easterly to Harvard Avenue; the phasing is
based upon the development that occurs.
Thompson Referred to pages 57-58 under Measures HIST 3 and 4 which
suggest an update since the last report; one of the hangars is
considered not viable by the City; the other hangar is considered
not viable by the County; and, questioned whether this means a
decision has been made that neither of the hangars is to remain.
Director Suggested that nothing has really changed from the last report;
staff is providing as much information as there is available at this
time; in 1999 the Memorandum of Agreement for the disposal
and reuse of MCAS Tustin required a process; the process was
not only for the City's hangar but also the County hangar to
determine the economic viability for adaptive reuse; it was
determined that the City's hangar was not economically viable;
the County went through the same process; the difference
between that marketing study and any mitigation measures if it
were to be removed would be another process; there are some
f County processes that are ongoing to determine whether or not
that hangar could still be used; if the County hangar were to be
Minutes -Planning Commission February 24, 2009 -Page 3
removed, the same process would be required, i.e. the written
history, illustrative history, interpretive video, etc.
Thompson Stated his understanding that effort is ongoing in evaluating the
viability of at least one of the hangars.
Director Indicated that it was her understanding that it is not economically
viable for adaptive reuse; that formal determination does not
mean that it could not be used.
Thompson Asked if there would be further updates in this regard with
recommendations to the City Council.
Director Answered that would go through the County of Orange for the
County facility.
Thompson Stated that his concern was losing an historic resource; the
hangars are key landmarks; he understands the economic
challenge involved.
Requested that future updates could be shown either in bold or
underline to pinpoint the .items that have changed from year to
year. j
Kasalek Added that she also believes it would be tragic to lose the
hangars.
Asked about the traffic flow in The District and what ongoing
studies are being made in that regard.
Anderson Answered that when the Tustin Ranch Road access through the
Legacy to blamer Avenue back to Jamboree was completed
there was a lot of traffic that was displaced from the
Jamboree/Ban-anca intersection; it sometimes took three to four
signals to get through that intersection to make a left turn from
Barranca eastbound to northbound Jamboree; when the shortcut
around the shopping center was opened, people started cutting
through the shopping center; there is a lot of regional traffic
driving through; there were many stop signs on Park Avenue to
attract people who were there for shopping and the other
services available; the Tustin Ranch Road route and the
Barranca routes were to be used by the commuters; the traffic
flow is being monitored on a regular basis; recently the traffic
signal at Jamboree/Wamer Avenue ramp was opened from a
flashing red to a regular green cycle so that turns are
coordinated; that has facilitated about 20 percent more traffic
Minutes -Planning Commission February 24, 2009 -Page 4
through the shortcut off Tustin Ranch Road; the traffic signal is
working better for both Tustin and Irvine; the same may be
implemented at Tustin Ranch Road and Warner Avenue which is
currently on red flash to accommodate the Navy contractors that
use the gate for the clean-up effort next to the southern hangar;
changes are being made as the patterns are established.
Kasalek Asked for more information regarding the Barranca entrance at
the pedestrian crossing by the entertainment area; there are
times when the traffic is backed up onto Barranca.
Anderson Stated that the City is working closely with Irvine; Irvine controls
that intersection; there was a lot of traffic that was not anticipated
at that intersection; staff has been working with the developer
who will be increasing the pocket lengths on both the left turns to
accommodate more vehicles and to remove vehicles out of the
through queues, thereby opening up some of the congestion;
concerning the pedestrian movement, it is approximately 160
feet across that intersection; when the button is pushed, the
pedestrians take priority per State guidelines.
Kozak Indicated that he is also concerned about losing the hangars; at
the Mayor's Inaugural Dinner, he was seated with
representatives of the developers who are working with the
-- County; this is not official, but a representative indicated that
there are ongoing constructive conversations with the County;
the process is moving slowly due to the financial budgetary
impacts the County is facing.
Thanked staff for the information regarding the hangars and
other aspects of the reports, especially regarding traffic and
circulation at The Legacy.
Puckett Asked if there was any dateline regarding the completion of
Tustin Ranch Road.
Anderson Referred to page 4 of the report; the roadway is being designed
in two phases; the first phase is from Warner to Valencia; the
second phase is from Valencia over Edinger to Walnut Avenue;
bath those projects are in final design; it is hoped that final
design will be reached by middle of summer this year; after that
the projects will go out to bid; construction could begin by the
end of the year; if so, there would be a 12- to 18-month window
depending on the weather and other elements.
Minutes -Planning Commission February 24, 2009 -Page 5
Kasalek Asked if there was a problem regarding the water table when
Tustin Ranch Road was built over Walnut.
Anderson Replied that the water table concerns were at the rail station on
the south side of the railroad tracks just outside of Peppertree
and also on Barranca near the channels; soil investigations have
been done and no problems have been found.
It was moved by Kasalek, seconded by Kozak, to receive and
file. Motion carried 5-0.
Received and filed 4. 1990 AND 2003 HISTORICAL SURVEYS
The City of Tustin completed surveys of its historic
resources in 1990 and in 2003. With the reassignment of
the City's cultural and historic resources responsibilities
from the former Historic Resource Committee to the
Planning Commission, it is important for the
Commission to understand the differences between the
two surveys and how they are used in making
recommendations and decisions regarding historic
resources.
RECOMMENDATION:
Receive and file this report.
Reekstin Presented the staff report.
Puckett Asked if staff had any idea how many cities have such a
thorough report of the historic district.
Reekstin Responded that the larger cities probably do not have such a
survey; smaller communities that value historic preservation
have similar surveys.
Murray Complimented staff on an excellent report; and, asked when
funding might be available for future surveys.
Reekstin Replied the state makes grant funds available every year for
which the City can apply; an update to the survey would be an
eligible project; it is also necessary to have the staff resources
available to devote to such a project, since a matching
requirement is part of the grant; the amount of the grants has
gone down; the City was fortunate to receive the grant amount
Minutes -Planning Commission February 24, 2009 -Page 6
we did for this survey; at that time there was only one consultant
interested in doing the survey for the amount we received.
Murray Asked if there has been any thought toward computerizing this
information, perfiaps putting it on a pdf.
Reekstin Indicated it would be possible to put the documents on the City's
website in a pdf form.
Murray Suggested that would be a very good resource to have available
online.
Thompson Stated that he agreed with that suggestion
Asked is there was any tracking mechanism the City uses, such
as the Certificate of Appropriateness process, that could be tied
to the survey.
Reekstin Replied that a record of Certificates of Appropriateness is kept
and could be used; the annual report to SHPO has in the past
summarized additions, demolitions, etc. of historic resources;
however, it would probably be necessary to do a windshield
survey to ensure the structures are still there and appear to be in
the same condition as before.
Thompson Thanked staff for the overview
Kasalek Agreed that this was a wonderful report; and, asked if properties
not represented have to wait until the next survey to be
considered.
Reekstin Stated that properties not in the survey would not automatically
be eligible; however, if residents believe their structure is historic,
staff would take a request to the City Council; the Council
developed the policy for the Mills Act and could make whatever
modifications might be necessary.
Director Added that within the Mills Act Program D-rated structures do not
conform to the policy; however, if someone were to modify such
a structure to a C or higher rating, staff probably would make a
positive recommendation to allow entry into a Mills Act
agreement; this would require restoration to what once was.
Kasalek Noted that she and Commissioner Kozak attended the historic
preservation workshop in San Clemente which was very
( informative; San Clemente provides a lot of information on the
Minutes -Planning Commission February 24, 2009 -Page 7
website and has a series of brochures to enhance recognition of
the incentive program; this would be a great thing for Tustin; at
present, there is very little of this type of information on Tustin's
website.
Kozak Agreed that the San Clemente workshop was very helpful; while
he is cognizant of the budgetary restraints, he would like the
Planning Commission to work with staff to analyze any options
that might be available to include developments such as
Broadmoor from the 1960s; based on San Clemente's
information, perhaps there would be funding available through
National Park grants; he encourages enhancements to the City's
website to promote this important program; San Clemente also
includes commercial properties in their historic area.
Kasalek Added that San Clemente indicated they have 150 eligible
structures and 59 participants in the Mills Act; given the
comparatively small percentage of Tustin participants, perhaps a
workshop similar to San Clemente's would get the word out to
more residents.
Kozak Encouraged input from the Tustin Conservancy Foundation and
the Historical Society to develop his suggestions above.
It was moved by Kozak, seconded by Thompson, to receive and ~
file. Motion carried 5-0.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 17,
2009, CITY COUNCIL MEETING.
Director Congratulated the re-appointed Planning Commissioners.
Director continued Reported the City Council held the second reading of the
Shopping Cart Ordinance and Prospect Village Planned
Community; staff will be visiting other communities to bring some
of the best ideas from empirical data collected from those cities
back to the Planning Commission.
Added that one of the units at Prospect Village is in escrow.
COMMISSION CONCERNS
Thompson Stated his understanding there are funds in the economic
stimulus package designated toward programs such as the Block
Minutes -Planning Commission February 24, 2009 -Page 8
Program; there should be means and methods to evaluate how,
through preservation of the physical resources such as the
hangars, funds could be acquired to assist in the preservation.
Congratulated his fellow Commissioners on their re-
appointments to the Commission.
Noted that, despite all the harsh news regarding the economy,
he and his wife had to wait 45 minutes to have dinner at Lucite's;
this suggests the community continues to support local
businesses.
Murray Complimented staff on the excellent reports and wealth of
information provided to the Commission.
Referred to various articles that have been appearing in the
newspapers regarding foreclosures; and, asked if staff has a way
of tracking foreclosures in Tustin.
Director Answered that, on average, the City is faring better than most
other communities; staff is aware of the properties that are in
foreclosure or are bank-owned; staff is tracking these properties
from policing and code enforcement perspectives.
Murray Mentioned that the newspaper article regarding the high cost of
graffiti abatement is a big concern; perhaps it is time to revisit
ways of educating the public to ways of helping to alleviate this
problem.
Director Stated that she and Commissioner Kozak were speaking about
this earlier before the meeting; staff will bring a presentation to
the Planning Commission regarding the community-wide policing
on this issue; the City is embarking on a new program that staff
would like to share with the Commission.
Murray Offered his congratulations to his fellow Commissioners on their
re-appointments.
Reminded everyone that, even though there has been a lot of
rain, it is still important to conserve water.
Noted that he visited Kobe's on Red Hill Avenue; the food and
customer service are wonderful, and it is always crowded on
Friday nights.
Minutes -Planning Commission February 24, 2()09 -Page 9
Kasalek Congratulated her fellow Commissioners; and, thanked the
Council for the re-appointment.
Noted that our City's website does a great job keeping things
current on community events; there is a link for a foreclosure
prevention workshop which might be something residents would
want to take advantage of.
Asked when the street sweeping restrictions take effect.
Director Stated that the ordinance was adopted and is in effect; the Field
Services/Public Works Department ordered the signs.
Anderson Indicated that the signs have not been installed yet on a Citywide
basis.
Kasalek Questioned whether this restriction would be Citywide and why
some signs are covered at this time.
Anderson Answered that this would be Citywide; some of the signs are
overed because they were alder signs; once the entire length of
c
a street has been posted, all the signs will be visible.
Kasalek Added that she has been seeing a lot of parked cars on street
sweeping days; and, asked if enforcement would begin when the
signs are up.
Anderson Answered in the affirmative.
Kozak Offered congratulations to his colleagues; stated it was an honor
to be re-appointed to the Commission; and, thanked .Council
Member Nielsen and the Council for this opportunity.
Noted that he and his family visited Roma's in Old Town over the
weekend and had to wait 40 minutes for a table.
Thanked staff for the recommendation regarding a graffiti
presentation; it is important that the Commission be informed
regarding any new efforts and how the Commission and
community can help.
Asked if there will be a LAFCO-SOI report any time soon.
Director Stated that LAFCO (Local Agency Formation Commission) is
undertaking such a report; there is a pending hearing in March
Minutes -Planning Commission February 24, 2009 -Page 10
for the North Tustin area; that hearing will probably be continued
for one month; the two cities have been meeting to discuss
various issues between the two jurisdictions; staff will report
when more information becomes available.
Kozak Thanked staff for their hard work, including the traffic engineers,
community planners, and code enforcement.
Puckett Added to the Tustin restaurant news that both In-N-Out Burger
locations are booming.
Offered his congratulations to the re-appointed Commissioners;
and, added that he attended the interviews and was pleased to
see there were several qualified candidates, which indicates
Tustin is in good shape for years to come.
Congratulated Ken Eckman, Don Ropele, and Erin Moore for
their appointments to the Community Services Commission.
Noted that it was nice to see former Planning Commission Chair
John Nielsen in the audience.
Indicated that March 1 marks the end of his 34"' year in Tustin;
as a kid growing up in southeast Kansas, he had no idea he
would end up in California; his work brought him here; he could
not have picked a better place to live; he intends to spend many
more years here.
Reminded everyone that the Miss Tustin Pageant takes place
March 7 at Beckman High School.
8:15 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Tuesday, March 10, 2009, at 7:00 p.m. in the City
Council Chamber at 300 Centennial Way.
Charles E. Puckett
Chairperson
~~
Elizabeth A. Binsack
Planning Commission Secrets
ry
Minutes -Planning Commission February 24, 2009 -Page 11
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MARCH 10, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Dana Ogdon, Assistant Community Development Director
Teny Lutz, Principal Engineer
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Gari Meyer, Assistant Planner
Eloise Hams, Recording Secretary
PUBLIC CONCERNS
Puckett Welcomed Joseph Boulger, a Boy Scout in the audience, who was in
attendance to earn points toward his Communications merit badge.
CONSENT CALENDAR
Approved, with 1. APPROVAL OF MINUTES - FEBRUARY 24, 2009,
one correction PLANNING COMMISSION MEETING.
Thompson Asked that a correction be made at the top of page 3 to read "bum
rate."
It was moved by Murray, seconded by Thompson, to approve the
Consent Calendar with that correction. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution 2. CONDITIONAL USE PERMIT 09-002 AND DESIGN REVIEW
No. 4112 09-003 A REQUEST TO INSTALL TWO (2) PROJECTING
SIGNS ON THE BUILDING AT 560 EL CAMINO REAL
Minutes -Planning Commission March 10, 2009 -Page 1
(BEACH PIT BBQ). THIS PROJECT IS LOCATED IN THE
CENTRAL COMMERCIAL, COMBINING PARKING (C-2-P),
CULTURAL RESOURCES DISTRICT ZONING DISTRICT. ~
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4112,
recommending that the City Council approve Conditional Use
Permit 09-002 and Design Review 09-003.
Thompson Recused himself due to a conflict.
7:06 p.m. The Public Hearing opened.
Meyer Presented the staff report.
Murray Asked if any consideration had been given to the liability involved
with the encroachment in terms of adverse weather conditions.
Kendig Stated that one of the conditions of approval requires that the
applicant tender an encroachment permit with the City; one of the
standard terms of such a permit would be an indemnification.
Me er Added that the applicant is also required to have insurance.
y
Murray Questioned whether the illumination would be too bright for the
neighbors; and, asked for the timeframe for the lights being on.
Meyer Indicated that the micro-accent lights are shown at 35 watts; for
further information, the applicant was available to respond.
Tim DeCinces Stated it had been a pleasure to have the opportunity to work with
,
applicant staff on this project; his customers had indicated that signs were
r to find; these signs are backlit and fit
i
it
e
e eas
needed to make the s
the period of the building.
Murray Asked for clamcation how long the lights would be turned on.
DeCinces
Mr Indicated that he had not contemplated the length of time, but the
-
. not to disturb neighbors.
signs are designed projecting inward so as
7:22 p.m. The Public Hearing closed.
Kasalek Stated she liked the design and placement; and, thanked the
school and
ri
ng
applicant for being community-minded in sponso
nonprofit activities.
Minutes -Planning Commission March 10, 2009 -Page 2
Kozak Acknowledged that the work regarding the materials and colors are in
keeping with the aesthetics of the building; the vintage appeal
provided to the building and complimenting Old Town should
represent a trend for other businesses to do likewise; having Leason
Pomeroy involved was a definite plus.
Thanked staff for the report; the photos were very interesting; he fully
supports the plan.
Murray Complimented the applicant on his extensive research; these signs
should provide increased opportunities for other businesses to
emulate the signs, keeping the historical theme; he also supports
staff's recommendation.
Puckett Pointed out that Leason Pomeroy was the architect of John Wayne
Airport, so his involvement had to be a plus; Chair Puckett supports
staff's recommendation.
Kozak Added that this trend includes the blade signs approved for Prospect
Village.
It was moved by Kasalek, seconded by Kozak, to adopt Resolution
No. 4112. Motion carried 4-0.
Thompson Returned to the dais.
REGULAR BUSINESS
Authorized staff to 3. 2008 GENERAL PLAN ANNUAL REPORT
forward to the
City Council, with California State law requires each city to adopt a
suggested comprehensive, long-term general plan for its physical
changes development and any land outside its boundaries which bears
a relationship to its planning activities. As a blueprint for the
future, the plan contains policies and programs designed to
provide decision makers with a basis for all land use related
decisions. Government Code Section 65400 requires an
annual report to the City Council on the status of the General
Plan and progress in its implementation; its progress in
meeting its share of regional housing needs; and, the degree
to which the Plan complies with the state guidelines for
adoption of a General Plan.
Minutes -Planning Commission March 10, 2009 -Page 3
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.
Willkom Presented the staff report.
Thompson Asked what happens if the RHNA goals are not fulfilled.
Willkom Answered that the City is required to provide programs and projects
to meet the RHNA obligation; should the City not achieve a goal,
there is no penalty; however, lawsuits or challenges from residents or
other nonprofits could be the result of not providing programs or
trying to reach the RHNA allocation.
Thompson Asked if new targets are set if all the goals through 2014 are met.
Willkom Replied that at the end of the planning period, 2014, a new allocation
will be set for the City; at that time, the City will need to analyze
vacant and underutilized land available for the development of
residential units; in the future it may be more difficult to find available
sites.
Thompson Asked, under Item 5 on page 4 of the staff report, what amount of
CDBG funds are allocated.
Willkom Responded that the City has not been notified of the allocation for
'
s
Fiscal Year 2009-10; under the current fiscal year, the City
allocation is approximately $757,000.
Thompson Asked if those funds target the issues associated with RHNA and
other objectives outlined in the report.
Willkom Stated that the $757,000 is the total allocation the City received; 15
percent of the allocation can be allocated to nonprofits; the remaining
could be used for public improvements targeting the low and
moderate income areas.
Thompson Suggested that perhaps staff could provide a general update at a
future Planning Commission meeting regarding how the CDBG
program allocations are determined.
Kozak Asked for clarification regarding policy in terms of the Planning
Commission reviewing and authorizing staff to forward the Annual
Report on the status of the Tustin General Plan to the City Council
Minutes -Planning Commission March 10, 2009 -Page 4
for consideration; in the first paragraph of the background section, it
is indicated that the statues require the City to adopt a
comprehensive long-term General Plan; it is not clear if this means
the Planning Commission would recommend to the City Council.
adoption of the Annual Report.
Kendig Answered in the negative.
Kasalek Asked why Goal No. 12 of the Land Use Element included mention
of North Tustin.
Willkom Explained that the North Tustin area is part of the City's Sphere of
Influence; therefore, the City monitors activities and County policies
involving the North Tustin area.
Director Added that, if the City were to receive an application that were
counter to this goal, this language would provide staff with some
direction in providing comments on such a proposal.
Kasalek Asked if builders have the right at any time to change a development
such as Nevis Homes from sale to lease and if staff would have to
adjust RHNA figures in the face of economic projections.
Willkom Replied that Nevis Homes was originally approved as a
- ~ condominium project; due to the market, the developer converted the
project into rental units; the City did not require a condition regarding
such a conversion; the zoning would allow for the development of
multiple family units such as those now being built at the site; none of
the units were required to be set aside as affordable units; this
conversion will not impact the RHNA requirements; the total units
remain the same.
Director Stated that, if the City had a contractual obligation with a developer
or other kinds of entitlements that would require affordability
covenants such as Coventry Court which is a for sale project and
was approved as such and for which the developer received several
concessions, such as a density bonus and a higher level of low and
very low income units within that development; modification to the
entitlements would be required. There are no covenant restrictions
on The Cottages.
Murray Referred to Circulation Element programs and suggested the recent
restriping of streets might fit into this section.
Willkom Indicated that staff would add that information.
Minutes -Planning Commission March 10, 2009 -Page 5
Murray Stated that he recently attended a Water Board meeting; it seems
feasible that the Conservation, Open Space, and Recreation Element
could include information regarding the conservation of water.
Director Agreed that water conservation is a significant issue for the City,
County, and State; staff will be undertaking a water conservation
ordinance that will be brought to the Planning Commission and the
City Council; that would be listed on next year's Annual Report.
Thompson Referred to the conservation of open space and the recreational
element, Goal No. 7, the protection of natural plant and animal
communities; and, questioned whether the bike trails are conducive
to plants and animals.
Pointed to Goal No. 11 and asked if water conservation measures
have been implemented by the Water Department that could be
included in the report.
Questioned whether or not it would be appropriate to mention solar
panel projects.
Stated that the primary emphasis regarding noise levels seems
associated with John Wayne Airport, yet the freeways are also a big
contributor of noise, especially in the Old Town Area; the noise has
not been adequately addressed in Old Town; the City should
continue to be vigilant and consider sound walls, screens, etc. to
reduce the noise.
Referred to Goal No. 2 under Growth Management and the City's
active role on regional planning bodies regarding policy making and
implementation; perhaps this acknowledgement could be included.
Willkom Indicated the off-street parking can be further explained as
suggested by Commissioner Murray; stated that staff can contact the
Water Department to determine whether or not there were any
conservation programs or activities addressing water conservation
and add information to the report if necessary; staff will also research
solar panels; when developments are proposed through the design
review and environmental review procedures, staff will consider the
noise requirement; the City has a Noise Ordinance that limits internal
and exterior noise and staff will consider additional programs or
policies related to freeway noise, particularly in Old Town.
Thompson Indicated that this also involves Caltrans, and he understands that it
may be a sensitive issue.
Minutes -Planning Commission March 10, 2009 -Page 6
Director Indicated the City has made considerable efforts in the past
regarding sound walls; the Commission may collectively want to
asked the City Council's consideration and further direction in that
regard.
Willkom Stated that staff will include in the report acknowledgement of the
City's participation with OCTA and SCAG.
Kozak Referred to Goal No. 2 on page 5 in the Land Use Element regarding
the Historic Committee; and, suggested adding the word resources,
thus changing the reference to Historic Resources Committee.
Thanked staff for the comprehensive report that represents all the
things going on in the community and reflects the quality of life in the
community.
Puckett Commended staff for the thorough report.
It was moved by Thompson, with the qualifications that staff provided
and consideration for modifying the Noise Element goals to include
addressing freeway noise, to approve staffs recommendation.
Motion seconded by Kozak. Motion carried 5-0.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE MARCH 3, 2009,
CITY COUNCIL MEETING.
Director Indicated she had nothing on which to report but would answer any
questions the Planning Commissioners may have.
COMMISSION CONCERNS
Thompson Stated that he was reappointed to the OCTA Citizens Advisory
Committee for his third term.
Wished everyone a Happy St. Patrick's Day.
Kasalek Wished everyone a Happy St. Patrick's Day.
Offered congratulations to the Teachers of the Year who were
recently announced; Tustin is very lucky to have many outstanding
teachers.
Minutes -Planning Commission March 10, 2009 -Page 7
Kozak Added his congratulations to the teachers; and, remarked that the
distinguished schools and teachers of Tustin Unified have been
featured in articles in the Orange Counfy Register recently.
Stated that the Transportation Corridor Agencies recently announced
the nature tours for the upcoming season; over 2,000 acres have
been set aside for open space and wildlife preserves; members of
the community have an opportunity to go on walking, hiking, and
bird-watching tours; for the specific information and schedule go to
www.thetoll roads.com.
Indicated that last week the Board of Supervisors awarded a
construction contract of close to half a million dollars for the Tustin
Ranch Trail and Greenway project which will be the extension of the
Esplanade Trail to Warren Avenue in the unincorporated area; the
project will consist of meandering decomposed granite trail, railroad
theme signage and site furnishings, a bioswale system, and
California native drought-tolerant plants for a total of 1.36 miles of
continuous trail when complete.
Noted that the LAFCO-SOI matter has been continued; Supervisor
Campbell has met with the city leaders of Tustin and Orange; the
hearing will be continued to March 11 ~'.
Director Stated that the hearing will be continued to June 10tH
Kozak Congratulated Commissioner Thompson far his reappointment.
Puckett Indicated that Dick Bray, the Superintendent of the Tustin Unified
School District was awarded Superintendent of the Year honors from
the several districts he supervises.
Wished Joseph Boulger good luck regarding his merit badges; and,
stated he would look forward to seeing his name in the paper in the
future for his Eagle Scout Court of Honor.
Stated the Tustin Community Foundation will be hosting a Pancake
Breakfast before the Easter Egg Hunt coming up next month.
Murray Indicated he had occasion to participate in the Read Across America
event at Tustin Ranch Elementary School and chose to read Dr.
Suess's Lorax, it was a wonderful experience watching the children
and listening to them; Mayor Davert was present in an adjacent room
also talking about Dr. Suess.
Minutes -Planning Commission March 10, 2009 -Page 8
Murray continued Stated he attended the Water Advisory Committee (WACO) meeting
addressing California's water crisis; it was very informative; State
Senator Tom Harmon and Assemblyman Mike Duvall spoke; the
indication was that Northern California and Southern California do
not always agree; for example, there are no water meters in the cities
of Sacramento, Stockton, and Fresno; AB 371 would set up reserves
in the deltas, fix the levies, and build canals to store water; Orange
County is one of the first to implement ground water replenishing
which will help build up water in the reserves.
Reminded everyone that the third annual Preservation Awards
Banquet for the Tustin Conservancy takes place Monday, April 27;
the nominations are due March 16.
Asked that the meeting be closed in honor of Deputy Chief Ken
Garner, LAPD, who died recently at the age of 53.
8:10 p.m. ADJOURNMENT
In Honor of
Deputy Chief Ken Garner
Los Angeles Police Department
The next regular meeting of the Planning Commission is scheduled
for Tuesday, March 24, 2009, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
i
v
Charles E. Puckett
Chairperson
-r
Elizabeth A. Binsack Y
Planning Commission Secretary
Minutes -Planning Commission March 10, 2009 -Page 9
- MINUTES
REGULAR MEETING
~ TUSTIN PLANNING COMMISSION
MARCH 24, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Jerry Craig, Redevelopment Program Manager
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Eloise Hams, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -MARCH 10, 2009, PLANNIP<G
COMMISSION MEETING.
It was moved by Thompson, seconded by Murray to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution 2. REVISIONS TO HOUSING ELEMENT OF THE GENERAL
No. 4113, as PLAN AMENDMENT (GPA 09-001).
modified
The availability of housing and a suitable living environment for
every family has been of increasing concern to all levels of
government. In California, this concern is addressed by the
California Government Code requirement that each City adopt
a Housing Element as a mandatory part of its General Plan.
State Planning Law requires that cities and counties update
their Housing Elements at least every five (5) years. The City
adopted its Housing Element per State law on June 17, 2008.
Minutes -Planning Commission March 24, 2009 -Page 1
The State Department of Housing and Community
Development (HCD) commented on the adopted element.
This revised element incorporates HCD's comments.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4113
recommending that the City Council approve General P'an
Amendment 09-001, revising the adopted Tustin Housing
Element.
7:02 p.m. The Public Hearing opened.
Willkom Presented the staff report; and, noted that Jerry Craig from the
Redevelopment Agency was in attendance to answer any questions
the Commissioners may have.
Thompson Asked if HCD has seen the revisions and considered the changes
acceptable.
Willkom Replied that during the preparation of the revisions staff had been in
contact with HCD representatives to discuss the revisions; HCD has
not seen the revisions, but staff is confident that all the HCD
comments have been addressed.
Kozak Asked if the Kennedy Commission and Public Law Center comments
and staffs responses would be forwarded to HCD.
Willkom Answered in the affirmative; the staff report and proposed revisions
will be provided to HCD for review.
7:09 p.m. The Public Hearing closed.
Thompson Indicated he was surprised that the representatives who wrote
comments were not in attendance this evening; read comments from
the letters which seemed to contradict the claim that the City is not in
compliance; the figures indicate otherwise: the City has achieved 71
percent of its very low income goal, 32 percent of the low income
goal, 70 percent of the moderate goal while only 25 percent thra:.;~gh
the timeframe for the implementation of the plan; there seems to be a
misdiagnosis of Tustin's performance; if these entities have examples
of communities that are performing better than Tustin, that information
should be shared with staff and the Commission.
Minutes -Planning Commission March 24, 2009 -Page 2
Thompson continued Added that it is his opinion that the City staff has done an excellent job
of meeting the housing needs; he is very proud of what has been
accomplished by the City.
Murray Stated his agreement with Commissioner Thompson's remarks;
Commissioner Murray had discussions with Planning Commissioners
from other cities and was told that Tustin is doing more than an
adequate job; Tustin has performed due diligence in this regard.
Kasalek Agreed with her fellow Commissioners; complimented staff for doing
such a thorough job; and, noted that Tustin is well known for providing
low-income housing.
Kozak Stated that staff has done tremendous work regarding the housing
needs of the community; thanked staff for the exhaustive rewrite,
which he hopes HCD will approve.
Requested that information be added to the resolution regarding the
staffs public outreach on this matter.
Puckett Indicated that he has teamed over the years that it is impossible to
please everyone; staff has done a phenomenal jab of meeting the
housing goals.
Murray Asked staff if Commissioner Kozak's suggestion was acceptable.
Director Indicated staff could make the suggested addition to the resolution.
It was moved by Kozak, seconded by Murray, to adopt Resolution No.
4113, with the modification. Motion carried 5-0.
Director Noted that Justina Willkom, Reina Kapadia, and the Redevelopment
Agency worked tirelessly on the Housing Element update; one of the
documents included in the Housing Element was a report card and
empirical data that the Orange County Business Council
independently prepared; this data identified Tustin as being ranked
No. 3 in the County regarding the work force/housing scorecard which
is based on total growth, housing as a percentage of total Orange
County housing, jobs to housing, ratio balance, and change in
housing density; this is physical production of housing the i ity
performed.
Minutes -Planning Commission March 24, 2009 -Page 3
REGULAR BUSINESS
TUSTIN HISTORIC REGISTER NOMINATION - 310 SOUTH
3
Approved: to be
known as the .
PASADENA AVENUE
"Wilcox Manor";
Vote 4-1, Thompson RECOMMENDATION:
dissenting
That the Planning Commission approve the nomination 310
South Pasadena Street to the Tustin Historic Register Plaque
Designation Program and select the most appropriate
historical name and date of construction for the property.
Reekstin Presented the staff report, requesting that the Commission choose the
most appropriate name far the site.
Asked if there were any naming conventions that may be considered
Murray
the norm.
Reekstin Indicated that the Tustin protocol has been to include the name of a
"
"
House.
~ _ ;
prominent owner or the builder of the home, following by
Puckett Invited the homeowner to the lectern.
Lindburgh McPherson Reiterated the reasons for using `1Nilcox Manor" which he had stated
at a previous Planning Commission meeting.
Brent Ferdig Indicated he was representing the Tustin Preservation Conservancy;
an educational device which includes
b
egan as
the plaque program
the historic name; using "Manor" presents a false sense of history.
Thompson Complimented the property owners for bringing this house back to its
original appearance; the photos were especially interesting; while he
appreciates the name suggested, he would encourage the owners to
use the name but not include Manor on the plaque.
Murray Complimented staff on the report and the speakers for sharing tf:~ir
views of the naming; this is a sensitive issue; while leaning toward the
desire of the homeowners, it may be necessary to stick with the
convention from an historical perspective.
Kasalek Stated it was her opinion that the homeowners' request should be
honored because they have done a great deal to bring back the
historical value of the home; the most important aspect is that the
Wilcox name and history be preserved; she supports continuing to
refer to the property as "Wilcox Manor."
Minutes -Planning Commission March 24, 2009 -Page 4
Kozak Added his compliments to the property owners; thanked the
Conservancy for their historical perspective; and, suggested that the
best compromise might be to choose "Wilcox Manor -The Villa."
Puckett Indicated that the owners should be allowed to use the name they
want for the property. ,
Thompson Asked if the homeowners would have further comments in response
to the Commission's discussion.
Mr. McPherson Stated again that the home does not look like a villa, but instead an
English manor; he feels it is not asking too much to preserve the
name they have been using since they acquired the property, "Wilcox
Manor'; preserving the Wilcox name is the key element to the history
of this house.
It was moved by Murray to allow the name "Wilcox Manor" to be used,
seconded by Kasalek. Motion carried 4-1. Thompson dissented.
Approved: to be 4. TUSTIN HISTORIC REGISTER NOMINATION - 415 WEST
known as the SIXTH STREET
"W.W. Martin-
Thompson House"; RECOMMENDATION:
Vote 4-0, Thompson
abstalning That the Planning Commission approve the nomination of 415
West Sixth Street to the Tustin Historic Register Plaque
Designation Program and select the most appropriate historical
name and date of construction for the property.
Thompson Recused himself and left the dais.
Reekstin Tumed the item over to Commissioner Thompson who presented a
slide show from the lectern.
Thompson Stated, at the end of the slide show, that he is satisfied with the name
the Conservancy suggested.
Mr. Ferdig Indicated that, due to the time the Thompsons have lived in the house
and the fact that they rescued the house from demotion, the
Conservancy recommended W.W. Martin-Thompson House.
Kozak Asked if Mr. Ferdig would comment on Commissioner Thompson's
comment regarding the use of Morehead.
Minutes -Planning Commission March 24, 2009 -Page 5
Mr. Ferdig Stated that Morehead was the builder but, considering the history, Mr.
Martin lived in the house quite some time and was involved in the
development of Tustin, which is mare historically relevant.
Commission It was the consensus of the Commission that the Thompson family
has done an incredible job of restoring this house; and, offered
compliments to the family.
It was moved by Kozak, seconded by Kasalek, to approve the name
"W.W. Martin-Thompson House." Motion carried 4-0. Thompson
abstained.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE MARCH 17, 2009,
CITY COUNCIL MEETING.
Director reported The City Council authorized staff to forward the General Plan Annual
Report to the state HCD.
The Planning Commission requested information regarding freeway
sound walls, especially in the Old Town Area. Staff will be
researching this issue with the Orange County Transportation
Authority and Caltrans and will bring those issues back to the
Commission and the Council.
COMMISSION CONCERNS
Thompson Thanked everyone for their compliments regarding his presentation;
Tustin is a wonderful city, and he is proud to live here.
Kasalek Indicated that she was pleased to see Councilman Palmer on the
ABC World News and the spot regarding the Orange County Rescue
Mission.
Reminded everyone that the Easter Egg Hunt takes place April 11 at
the Sports Park, and the Community Recognition Luncheon will be on
April 30.
Kozak Thanked staff for their excellent work on the Housing Element
revisions.
Asked for the status of the old Econo Lube `N Tune on First Street;
the building is very decrepit and the surrounding area looks unkempt.
Minutes -Planning Commission March 24, 2009 -Page 6
Director Indicated that Code Enforcement staff will take a look; there is a
proposal in plan check for that site.
Kozak Stated that the former Sizzler site on Red Hill looks abandoned; the
property owner needs to be contacted to mitigate the blight.
Noted that he attended the Tustin Preservation Meet and Greet last
night, a wonderful event with lots of interesting residents in
attendance.
Reminded everyone that the EI Camino Real Park reopening and
dedication is taking place April 2.
Thanked staff for the inforrnation regarding the San Clemente Historic
Preservation workshops; he hopes to attend.
Puckett Thanked staff for their fine work on the Housing Element and also the
quality of the plaque program presentations.
Noted the Volunteer Recognition Luncheon sponsored by the Tustin
Community Foundation will be held at 310 Pasadena; Erin Nielsen
and Lindburgh McPherson worked hard to put this together; this is an
excellent opportunity to see this property newly recommended for the
plaque program.
Stated the Easter Egg Hunt is preceded by a Pancake Breakfast
sponsored by the Community Foundation; he hopes to see everyone
there.
Indicated he also attended the Old Town Meet and Greet; Linda
Jennings has done a great job bringing the Old Town community
together; he met people he has not met previously even though he
has lived in Tustin for 34 years.
Murray Stated that he also attended the Otd Town Meet and Greet.
Reminded everyone that the annual Preservation Awards Banquet
takes place Monday, April 27.
Complimented the Community Services Director, David Wilson, who
obtained grant funds to assist in the renovation of EI Camino Real
Park; the reopening takes at 6:00 p.m., on April 2.
Indicated he also saw the Village of Hope TV segment and thought it
was outstanding.
Minutes -Planning Commission March 24, 2009 -Page 7
Murray continued Noted there was an article in the newspaper about the Advanced
Technology and Education Park (ATEP) at Red Hill and Valencia; the
facility is developing many new training opportunities, such as a state-
of-the-art nursing lab, a digital recording arts program, and green
technologies.
Recommended Bistro West, 2601 Park Avenue, as a fine new
restaurant-great food, great service, and reasonable prices in a
wonderful atmosphere.
Asked for a moment of silence in honor of the Oakland Police
Department officers who were killed in the line of duty over the
weekend and that the meeting be adjourned in memory of these
peace officers.
8:20 p.m. ADJOURNMENT
In Honor of and In Tribute to
Sgt. Mark Dunakin, Officer John Hege, Sgt. Ervin Romans, Sgt Daniel Sakai
and their families
The next regular meeting of the Planning Commission is scheduled
for Tuesday, April 14, 2009, 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 March 24, 2009 -Page 8
SPECIAL MEETING
TOUR OF THE LEGACY
NEIGHBORHOODS A, C, AND F
LEFT CITY HALL AT 5:00 P.M.
TOUR DESTINATIONS:
Orange County Rescue MissionNillage of Hope, 1 Hope Drive 5:20 p.m.
Advanced Technology and Education Park, 15445 Lansdowne Rd., 6:00 p.m.
Orange County Social Services Tustin Family Campus, 15405 Lansdowne Rd., 6:05 p.m.
Orange County Sheriff s Regional Training Academy, 15991 Armstrong Avenue, 6:10 p.m.
The District at Tustin Legacy, 2437 Park Avenue, 6:20 p.m.
times are
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
APRIL 28, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray
Absent: Commissioner Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
Approved, with CONSENT CALENDAR
one correction
Minutes -Planning Commission April 28, 2009 -Page 1
1. APPROVAL OF MINUTES -MARCH 24, 2009, PLANNING
COMMISSION MEETING.
Commissioner Murray referred to the error on page 8; the comment
should read great "food" not "foot" regarding Bistro West. It was moved
by Kozak. It was moved by Murray, seconded by Kasalek, to approve
the Consent Calendar. Motion carried 4-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Received and 2. FOLLOW-UP DISCUSSION
provided direction TOUR OF TUSTIN LEGACY, NEIGHBORHOODS A, C, AND F:
to staff
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 Commended staff for another great jab preparing the tour materials and
providing tour commentary.
Kozak Stated he appreciated the opportunity to see the public and private
sector developments.
Recalled visiting Barracks B early in the process when Jim Palmer
provided a Planning Commission tour of the remodeled examples of the
bachelor and family quarters; it is wonderful to see those facilities are
now serving 196 people in need.
Murray Echoed the above comments; the Village of Hope is very enlightening;
knowing that this is a long-term, not just ashort-term, solution for those
in need is very rewarding and is a model for success regarding
transitional living.
Thanked staff for the tour.
Puckett Asked for comments regarding the next tour.
Reekstin Indicated that staff would plan a summer tour.
Minutes -Planning Commission April 28, 2009 -Page 2
Approved: 3. TUSTIN HISTORIC REGISTER NOMINATION - 305 SOUTH C
To be designated STREET
"Mary Tustin - RECOMMENDATION:
Lindsay House"
That the Planning Commission approve the nomination of 305
South C Street to the Tustin Historic Register Plaque Designation
Program and select the most appropriate historical name an date
of construction for the property.
Approved: 4. TUSTIN HISTORIC REGISTER NOMINATION - 315 SOUTH C
To be designated STREET
"Patton House"
RECOMMENDATION:
That the Planning Commission approve the nomination of 315
South C Street to the Tustin Historic Register Plaque Designation
Program and select the most appropriate historical name an date
of construction for the property.
Reekstin Presented both reports.
Kasalek Asked if there was input from the homeowners regarding the name
~ preference.
-- Reekstin Answered in the negative.
Puckett Suggested he would prefer "Mary Tustin-Lindsay House" and "Patton
House."
Kozak Stated those were also his choices; and, added that he remembered
working on the crew that provided assistance last September in
rehabbing the landscaping for these two properties.
It was moved by Kozak to approve "Mary Tustin-Lindsay House,"
seconded by Murray. Motion carried 4-0.
It was moved by Kozak to approve "Patton House," seconded by
Kasalek. Motion carried 4-0.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE APRIL 21, 2009, CITY
COUNCIL MEETING.
~ Director reported The City Council took action on the 2009-10 CDBG Action Plan; City
staff will be making application to the federal government for those
Minutes -Planning Commission April 28, 2009 -Page 3
funds; the City will be receiving some CDBG-R (Recovery) funds in the
next few months; those funds are to be expended quickly in order to
infuse dollars into the local economy; staff will report back to the j
Planning Commission regarding those expenditures.
City Council Item No. 7 was a request for authorization to contract for
services for the collection and processing of administrative citations and
Hearing Officer services; several months ago the City Council adopted
an Ordinance related to a hearing officer process to decriminalize
various Tustin City Code and Zoning Code violations; the Hearing Officer
cannot be a City of Tustin employee; that process is now in place; once
staff has begun implementing the process, reports will be provided to the
Council and the Planning Commission.
The City Council has prepared letters regarding multiple pieces of
legislation; this can be somewhat confusing due to the various numbers
(SB 406, AB 118, SB 295); most of these bills relate to SB 375 and AB
32 and are requesting delays until certain triggers occur, such as for
example, unemployment reaching a certain percentage. SCAG and
other regional bodies will be providing additional training regarding the
meaning and implementation of the various pieces of legislation at the
local level after which staff will provide a presentation to the Planning
Commission.
Murray Asked for an update regarding the new Tustin Library.
Director Replied that the move from the existing facility will take place in May; the
existing structure will then be demolished to provide additional parking.
Murray Asked for an updated regarding the State of the City luncheon.
Director Indicated the luncheon is scheduled for June Stn
COMMISSION CONCERNS
Murray Thanked the City for the opportunity to attend the historic preservation
training in Palm Springs.
Indicated he attended the new Tustin well opening; and, complimented
staff on their work and the award that was received for that project.
Thanked staff for helping with the landscaping concerns in those areas
of Old Town that were brought to Commissioner Murray's attention by a
resident.
Stated the Easter Egg Hunt and Pancake Breakfast were outstanding.
Minutes -Planning Commission April 28, 2009 -Page 4
Murray continued Reminded everyone that the Bistro West and I-5 Self Storage libbon-
cutting and the Tustin Community Foundation luncheon are coming up.
Kasalek Indicated that she had taken a personal tour of the Orange County
Rescue Mission/Village of Hope which was included on this evening's
Planning Commission tour; and, indicated that she had told Jim Palmer
what a great name that is for this facility because one can sense the
hope in the residents.
Noted that she also attended the Pasadena Well grand opening which
was very informative and also a good opportunity for some of the
neighbors to get more comfortable with that facility.
Stated she enjoyed the Easter Egg Hunt and is looking forward to the
volunteer luncheon.
Kozak Thanked staff for today's tour; and, indicated he looks forward to the
next tour; it was good to have a representative from the Tustin News on
the tour, he hopes she will join the next tour.
Stated he had the opportunity to attend the Camino Real Park
rededication; Dave Wilson, Director of Parks and Recreation, and his
r staff did a wonderful job with the ceremonies and also the new facilities
that have been added to the playground; this was the first park built as
part of the Tustin Ranch development 20 years ago.
Mentioned the Tustin Community Foundation volunteer recognition
luncheon on April 30~' at the Wilcox Manor.
Stated there are two properties along Pacific, one by Third Street at the
comer and the second by Second Street, that seem to be foreclosed
properties; whoever is responsible (whether it be the bank or a property
manager) needs to provide some attention to the disheveled appearance
of those properties; while it is sad to see foreclosures in Old Town, he
believes the notes on the doors suggest that someone is responsible for
the maintenance.
Asked that staff keep the Planning Commission informed of any
upcoming training regarding historical preservation; he was not able to
attend the training in Palm Springs but does want to fulfill .his training
obligation.
Requested that staff pursue at least an outline of a work plan for moving
ahead is some areas related to Old Town: identifying what those topics
might be and beginning now to plan for the future would be useful.
Minutes -Planning Commission April 28, 2009 -Page 5
Kozak continued Suggested that more stimulus monies may be upcoming since some of
the programs in the Stimulus Recovery Act were kicked down to a
federal agency to devise requirements for eligibility; there may be an
opportunity for the City, whether it be parks, preservation (including the
hangars), etc.
Murray Stated he forgot to mention that he had the pleasure of attending the
Third Annual Preservation Awards Dinner last night at the Knights of
Pythias Hall; complimented the Tustin Conservancy for this wonderful
event; and, noted that Commissioner Thompson received one of the
awards.
Puckett Noted that the Easter Egg Hunt had tremendous attendance; the Tustin
Community Foundation served about 500 breakfasts last year and ran
out; this year the Foundation served more than 750 breakfasts and ran
out; next year the plan will be to serve 1,000; Erin Nielsen does a terrific
job organizing that function; Mrs. Nielsen has also planned the
recognition luncheon to be held this Thursday at 11:00 a.m.; there are
more than 125 people registered to attend the luncheon in the back yard
of the Wilcox Manor; approximately 25 different nonprofits will be
represented.
Reminded everyone that the State of the City luncheon is scheduled for
Friday, June 5, and is always a worthwhile event.
Mentioned the ribbon-cutting ceremonies for Bistro West and I-5 Self
Storage taking place this week.
Stated that he will be participating next Monday in his third annual 100-
hole golf marathon, a fundraiser benefitting Hope International University
of which he is a board member; anyone wishing to support the cause
with a pledge should check with him.
7:27 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for
Tuesday, May 12, 2009, at 7:00 p.m. in the City Coun it Chamber at 300
Centennial Way.
izabeth A. Binsack
Planning Commission Secretary
C axles E. Puckett
Chairperson
i
Minutes -Planning Commission April 28, 2009 -Page 6
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JUNE 9, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Dana Ogdon, Assistant Community Development Director
Terry Lutz, Principal Engineer
Jerry Craig, Redevelopment Program Manager
Lt. Tom Tarpley, Tustin Police Department
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Gordon Margulies, Tustin Police Department
Khaya Breskin, Tustin Police Department
Edmelynne Huffer, Associate Planner
Reina Kapadia, Associate Planner
George Wiesinger, Code Enforcement Officer
Eloise Hams, Recording Secretary
Given PRESENTATION: PowerPoint presentation by Amy Thomas,
Senior Planner, on the City of Tustin's Anti-
Graffiti Coordination.
Murray Complimented the Tustin Police Department (TPD) and Community
Development Department for this collaborative, pro-active approach
to this quality of life issue.
Thompson Indicated he liked the feature allowing residents to e-mail photos to
the website.
Kozak Thanked staff for the presentation; and, asked if the stickers on street
signs, buildings, windows, and also letters that can be purchased at
hardware stores are a part of the vandalism trend; questioned how
Minutes -Planning Commission June 9, 2009 -Page 1
that can be addressed and how many of the criminals are caught and
sanctioned or punished.
Tarpley Indicated that stickers are considered vandalism; taggers realize that
spray painting takes longer; placing a moniker on a sticker can be
pasted on quickly with less risk of detection; abating this type of
vandalism takes more resources and time; the coordinated efforts of
the gang units, the special enforcement detail, and the Neighborhood
Improvement Task Force (NITF) have resulted in tremendous
progress toward identifying the organized tagging crews and
reducing the blight.
Kozak Stated he appreciated that information; it is gratifying to see the
results of these resources.
Regarding the no boundaries issue, he heard that the Santa Ana City
Council has directed city attorney staff to draft another ordinance that
will hold the individuals and the parents of juveniles responsible for
penalties.
Thanked staff for their hard work; and, noted that he is a frequent
caller; both the TPD and Code Enforcement are very responsive.
Murray Asked if any outreach efforts are in place to educate stores regarding
selling spray paint.
Tarpley Indicated that outreach took place in the early phase of addressing
the problem; the North Area impact officer is in the process of
drafting an ordinance to take to the City Council to make it a crime to
possess graffiti tools; the California Penal Code requires the intent
must be proved; the draft ordinance wilt make possession of graffiti
tools illegal and restrict possession.
Puckett Stated his hope that the proposed ordinance will become law.
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved, with 1. APPROVAL OF MINUTES -APRIL 28, 2009, PLANNING
one minor COMMISSION MEETING.
correction
Murray Requested a modfication to his comment on page 4 to read as
follows: "Thanked the City for the opportunity to attend the historic
preservation training in Palm Springs."
Minutes -Planning Commission June 9, 2009 -Page 2
It was moved by Murray, seconded by Kasalek, to approve the
Consent Calendar. Motion carried 4-0. Thompson abstained.
PUBLIC HEARINGS
Adopted 2. CONDITIONAL USE PERMIT 09-010 A REQUEST FOR
Resolution No. AUTHORIZATION TO ESTABLISH A PAWNBROKER
4115 BUSINESS IN CONJUNCTION WITH A RETAIL
ESTABLISHMENT SPECIALIZING IN ANTIQUE AND
ESTATE GOODS LOCATED AT 17390 EAST 17T" STREET,
SUITE D. THIS PROJECT IS LOCATED IN THE PLANNED
COMMUNITY COMMERCIAL (PC COMM) ZONING
DISTRICT.
RECOMMENDATION:
~.
r
That the Planning Commission adopt Resolution No. 4115
approving Conditional Use Permit 09-010.
7:24 p.m. The Public Hearing opened.
Huffer Presented the staff report.
Murray Asked if there would be any video surveillance installed on-site.
Huffer Responded that issue was not addressed.
Murray Asked haw many other pawn brokers there are in the City.
Huffer Replied that she did not have that information; however, there is
another pawn broker in another jewelry store in Enderle Center.
Thompson Asked what sort of investigation the TPD undertakes for these types
of businesses.
Huffer Requested that the TPD respond to that question
Tarpley Indicated that the North Area Commander, Lt. Steve Lewis, was not
available to attend this meeting; his adjutant, Officer Breskin, has
researched this and should be able to address any questions.
Breskin Stated that a pawn license required fingerprinting that is processed
through the Department of Justice; if there is any criminal history, the
request would be rejected; the applicant's prior history is researched
regarding problems wiifi any other agencies or cities.
Minutes -Planning Commission June 9, 2009 -Page 3
Kasalek Asked if the TPD has any requirements regarding video surveillance.
Breskin Answered in the negative.
Murray Asked if there are requirements for inspection at any time by the
Community Development regarding public safety.
Breskin Stated that requirement exists in the conditional use permit.
Puckett Asked if there have been any problems with the applicant's other
location in La Fayette Plaza.
Breskin Answered in the negative; this applicant does not accept what might
be considered ordinary pawn items but specializes in estate goods.
Murray Asked staff to comment on his question regarding inspection.
Director Replied that Condition 1.8 allows for an annual review in the event
there may be any issue and to add mitigating conditions of approval if
mitigating conditions are not effective.
Puckett Asked if the applicant wished to speak.
AI Enderle, property Welcomed the Verdults to Enderle Center; it is anticipated this will be
owner a good store for the center; the merchandise will be collectibles, not
typical pawnshop items.
Puckett Asked if anyone else wished to speak.
7:34 The Public Hearing closed.
Thompson Stated his appreciation of staff's work on the evaluation required for
due diligence.
Murray Stated he supports staffs recommendation; and, welcomed the
applicants to the new location in Enderle Center.
It was moved by Thompson, seconded by Kasalek, to adopt
Resolution No. 4115. Motion carried 5-0.
Puckett Mentioned that Mr. Enderle was recently selected as the 2009 Tustin
Man of the Year.
Mr. Enderle Thanked the Chair, accepted a round of applause, and added that
there are video cameras at Enderie Center.
Minutes -Planning Commission June 9, 2009 -Page 4
Adopted 3. AMENDMENT TO CONDITIONAL USE PERMIT CUP 94-021
Resolution No. TO INCREASE THE MAXIMUM ALLOWABLE SQUARE
4117; adopted FOOTAGE OF OFFICE SPACE FROM 115,500 SQUARE
Resolution No. FEET TO 142,900 SQUARE FEET WITHIN THE EXISTING
4118, with minor BUILDINGS AT THE TUSTIN BUSINESS CENTER. THIS
modifications PROJECT IS LOCATED AT 1542 EDINGER AVENUE-1652
presented by EDINGER AVENUE; 1541-1582 PARKWAY LOOP, 15011-
staff 15042 PARKWAY LOOP; AND 15012-15102 RED HILL
AVENUE IN THE INDUSTRIAL (M) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission:
a. Adopt Resolution No. 4117 adopting the Final Negative
Declaration as adequate for an Amendment to
Conditional Use Permit 94-021 to increase the maximum
allowable square footage of office space.
b. Adopt Resolution No. 4118 approving an Amendment
to Conditional Use Permit 94-021, authorizing an
increase in the maximum allowable square footage of
office space from 115,500 square feet to 142,900
square feet within the existing buildings at the Tustin
Business Center Ivcated at the southerly corner of Red
Hill Avenue and Edinger Avenue.
7:36 p.m. The Public Hearing opened.
Reekstin Presented the staff report and explained the minor corrections to
Conditions 1.2 and 1.7 that were presented at the dais.
Thompson Asked why two resolutions were necessary.
Reekstin Indicated that one resolution pertained to the adoption of the
Mitigated Negative Declaration and one to the Conditional Use
Permit.
Thompson Asked the traffic engineer to further clarify the statistics that were
contained in the traffic study.
Lutz Indicated that the level of service was based on future traffic
projections; it was felt the study presented by Austin-Foust was
acceptable; the streets are private; there is concern regarding safety
features; however, the streets are 36 feet wide and the parallel
parking on one side would be safe.
Minutes -Planning Commission June 9, 2009 -Page 5
Thompson Suggested the report indicates that 606 spaces would be adequate
to park the site and be in compliance with the Code.
Lutz Answered that would be correct.
Murray Asked far verification that the width is 36 feet on those private
streets.
Lutz Replied that it is 36 feet ftom curb to curb.
Murray Asked for further verification that the parking spaces will be nine feet
wide and, due to sight distance concerns, if the provision of additional
striping would promote better safety.
Lutz Replied that Public Works can work with the applicant regarding
striping enhancements.
Kozak Asked if these spaces being dispersed throughout the development
would be unassigned and added to the total inventory of spaces or
designated to the new uses.
Reekstin Stated his understanding that the spaces would be unassigned.
Puckett Invited the applicant to come forvvard.
Pam Sapetto, Thanked the City staff; stated the Sapetto Group was representing
representing ScanlanKemperBard, supports staffs recommendation, and agrees
ScanlanKemperBard to the conditions of approval.
7:50 p.m. The Public Hearing closed.
Thompson Mentioned that he had spoken with Ms. Sapetto by telephone earlier
in the day; this application seems consistent with the evolution of
land uses in that area, going from industriaUmanufacturing to office
use; the Legacy project has been a key catalyst in transforming that
area; it is good to see the parking has been addressed.
Moved approval of the resolutions as presented.
Puckett Asked if both resolutions could be moved at the same time.
Kendig Answered in the affirmative.
The motion was seconded by Murray. Motion carried 5-0.
Minutes -Planning Commission June 9, 2009 -Page 6
Murray Added that he agreed that the applicant should work with traffic
engineering regarding the striping and the sight distance issues at
the entries and exits.
Kasalek Noted that there are significant parking spaces available, but the
striping would clarify the location of the spaces.
REGULAR BUSINESS
Adopted 4. DESIGN REVIEW 08-009 A REQUEST TO AUTHORIZE
Resolution No. THE DEMOLITION OF AN EXISTING 1,757 SQUARE
4116, as FOOT ONE-STORY COMMERCIAL BUILDING AND
modified OTHER SITE IMPROVEMENTS, AND THE
DEVELOPMENT OF A 5,331 SQUARE FOOT TWO-
STORY COMMERCIAL BUILDING SUITABLE FOR RETAIL
AND MEDICAUDENTAL OFFICE USES, INCLUDING
ASSOCIATED SITE IMPROVEMENTS, LOCATED AT 740
EL CAMINO REAL. THIS PROJECT IS LOCATED AT 740
EL CAMINO REAL IN THE CENTRAL COMMERCIAL WITH
COMBINING PARKING OVERLAY (C-2 P) ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4116
approving Design Review 08-009.
Kapadia Presented the staff report.
Thompson Applauded the revisions to the application; the proposed architecture
is a wonderful enhancement to that comer; since this proposal is very
different from the original request, he questioned why the plan does
not include any retail on the ground floor.
Director Replied that the City Council recommended approval with the dental
or general office uses on the ground floor being acceptable; the only
Planning Commission determination this evening is the design
review; the City Council was concerned about the architectural
treatment of all four sides of the building and wanted to ensure the
design would come before the Planning Commission; the proposed
retail on the ground floor and office use on the second story would be
in keeping with the C-2 District.
Thompson Questioned whether or not the applicant could, for example, build a
high rise because of the action taken by the City Council with a
variable of no retail use on the ground floor.
Minutes -Planning Commission June 9, 2009 -Page 7
Director Reiterated that the City Council allowed for office uses on the ground
floor; if another conditionally permitted use were requested at this
location, the applicant would need to go through the applicable
process.
Thompson Stated his concern that the square footage has tripled; this appears
to be a very different project; what he understands is that the
boundaries established by the action of the City Council provided that
flexibility.
Director Indicated that Commission Thompson's understanding was correct;
the applicant meets all of the development standards and the parking
requirements for each kind of use that would be permitted in the
building.
Thompson Noted that a lot of the vegetation has been removed; many of the
trees that provided a good screening for the freeway also have been
removed; perhaps additional conditions could be added regarding
the landscaping along the back side of the lot, including trees of a
reasonable height.
Murray Stated he likes the project and would like to hear from the applicant
before making additional comments.
Kozak Asked if from all four sides the roof-mounted equipment will be fully
screened.
Kapadia Replied that the equipment is shown on the proposed plans a
minimum of six inches below the parapet wall; the parapet wall has
been designed with a sufficient height to screen the equipment.
Puckett Invited the applicant to the lectern.
Dr. Mehta, applicant Stated that he has been working with staff for more than a year to
reach the design before the Planning Commission and will continue
to do so; and, added that his architect was also available for
questions.
Kozak Asked how the site can be graded while preserving one interior wall.
Raj Patel, architect Answered the wall will not be a structure wall, but a wall with two
supporting columns on each side.
Kozak Questioned how the pad can be graded without removing the wall.
Mr. Patel Indicated that the wall is inside the building.
Minutes -Planning Commission June 9, 2009 -Page 8
Kozak Asked if the plan was to maintain the existing foundation.
Mr. Patel Responded only that portion under the wall.
Thompson Reiterated that the architecture is an improvement; and,
recommended that Resolution No. 4116, Condition 4.1, be amended
to require additional screening with trees at the back of the lot.
Murray Restated that he likes the project; the theme seems consistent with
the building located at 100 West Main Street and complements the
existing architecture in Old Town; other important factors are the two
street exits and entries and the parking.
Kasalek Noted that she parked across the street from this location for the Chili
Cook-Off; compared to the current building, the proposed project is
outstanding; she especially likes the proposed building's articulation.
Questioned where Commissioner Thompson wants the trees.
Thompson Replied that his suggestion was for trees to replace those that
formerly screened the freeway.
Kozak Added his thanks to the applicant and staff for working to produce
and propose a lovely Old Town themed building; this is what the
Commission was striving for when the application came before the
Commission a year ago; the materials, articulation, etc. can become
a poster child for commercial guidelines in Old Town.
Stated there is a cinder block wall on the southwest comer
separating this property from the property to the south; the edge of
that wall has been damaged, and it is his hope that this wall will not
remain at the completion of this project.
Suggested that pavers be added at the new driveway to replicate the
existing pavers at other portions of the sidewalk.
Puckett Echoed the comments of the other Commissioners; this is a
tremendous improvement of the previous application; this proposed
structure is in a class with the building on the southwest corner of EI
Camino Real and Main Street and will be a great addition to Old
Town.
It was moved by Thompson to approve Resolution No. 4116, with the
mod cations suggested.
Puckett Suggested staff discretion for those changes.
Minutes -Planning Commission June 9, 2009 -Page 9
Director Indicated that Condition 4.1, third bullet point, would accommodate
the suggestion regarding the trees. The first bullet point could be
modfied as follows: "A revised site plan as well as include in
landscape drawings the installation of decorative pavers at the
main building entrance and at the drive approach on EI Camino
Way, subject to review and approval by the Director of Public
Works."
Murray seconded the motion. Motion carried 5-0.
Received and 5. PROJECT SUMMARY
filed
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.
RECOMMENDATION:
That the Planning Commission receive and file this report.
Willkom Presented the staff report.
Thompson Suggested that the Legacy summary seems to state there is very
little residential construction underway.
Director Stated that the ~Ilages of Columbus represent all the residential
construction occurring at this time; almost everything is completed at
The District
Thompson Referenced 20 units.
Director Stated that about 25 building permits have been issued, so there will
be more activity soon.
Murray Thanked staff for the update.
Kasalek Asked if there are future plans for alteration to the left-turn lane
entrance off blamer; when leaving The District, traffic backs up into
the regular traffic lanes.
Lutz Answered there are no plans at this time, but Public Works will look
into the problem.
Kasalek Suggested that the situation is more of a problem on the weekends.
Minutes -Planning Commission June 9, 2009 -Page 10
Lutz Pointed out that the completion of Tustin Ranch Road should
alleviate some of the traffic problems.
Kozak Thanked staff far the Summary of Projects; the information is always
indicative of the partnership between the City and business in Tustin;
a lot of projects are underway, even given the difficult economic
times.
Asked for the status of the Larwin Square reroofing project,
especially the side that faces Centennial Way.
Willkom Replied that the simple remodel was complicated by problems in the
roof; the project is taking longer than usual; the project is ongoing;
there are revisions being submitted for plancheck.
Kozak Referred to the design review on page 3 for a significant remodel of
the existing building and suggested adding language to include:
"...application for demolition of the existing building and construction
of a two-story dental office and retail on the ground floor."
Puckett Emphasized that even in the bad economy there is a lot going on in
Tustin for which to be thankful.
Received and 6. ECONOMIC STIMULUS
filed
At a previous Planning Commission meeting, Gommissioner
Kozak identified available economic stimulus funds. This
report provides the Commission with a broad view of the City's
efforts in applying for and obtaining available funds.
RECOMMENDATION:
That the Planning Commission receive and file this report
Kozak Thanked staff for the information in response to his question; it is
clear that City staff is working diligently to access available funds for
various projects, including the Tustin Ranch Road extension,
Newport Avenue, Rawlings Reservoir, etc.
Mentioned SB 238 which was introduced in January, "Build America
Bonds Act of 2009 (GABS)," a $50 billion package for transportation
projects; and, noted that the language suggests assistance with the
Tustin Ranch Road extension, the parking structure at the train
station, the grade separations at Red Hill and Newport; the bill reads:
"The purpose of this bill is to provide $50 billion in new transportation
infrastructure funding through bonding to empower states and local
Minutes -Planning Commission June 9, 2~9 -Page 11
governments to complete significant infrastructure projects across all
modes of transportation including roads, bridges, rail transport,
transit, ports, inland waterways, and other purposes."
Received and 7. OLD TOWN TUSTIN WORK PLAN
filed
At a previous Planning Commission meeting, Commissioner
Kozak inquired as to the work plan for Old Town. This report
identifies in-house projects for Fiscal Year 2009-2010.
RECOMMENDATION:
That the Planning Commission receive and file this report.
Kozak Thanked staff for the response; he understands the separation of the
projects into those that staff believes can be accomplished and those
that cannot; the CLG grant application is not marked as one that staff
would be working on; perhaps the Mills Act brochure or the workshop
should come first.
Director Indicated that the CLG grant requires a General Fund matching
obligation; that is the reason it was pulled and the City did not file an
application; staff is proposing that staff prepare a brochure, develop ~
the Mills Act workshop, etc. as staff works around other projects that ~ r
will not require outside consultants.
Thompson Stated he thought the report provided a good overview; perhaps
during the next fiscal year this list could be updated; and, added that
he would be more than happy to participate as an example in the
Mills Act workshop.
Murray Indicated he felt the six selections chosen were content-rich and
appropriate.
Kasalek Added that she was especially pleased to see the brochure and
website listed.
STAFF CONCERNS
8. REPORT OF ACTIONS TAKEN AT THE MAY 5, MAY 19,
AND JUNE 2, 2009, CITY COUNCIL MEETINGS.
Director reported The City Council took action on the Mitigated Negative Declaration
on the Tustin Avenue Well project; the City is working on that project
even though it is in the City of Santa Ana; this project will alleviate
some of the City's water concerns.
Minutes -Planning Commission June 9, 2t~39 -Page 12
Director continued The Community Development Block Grant Recovery funds will
benefit the Tustin Area Senior Center which will receive about
$217,000 for new flooring, wall coverings, and some energy-efficient
HVAC safety systems for the facility.
The HCD made comments on the draft revised Housing Element;
staff is working diligently to respond to those comments; a
certification letter is expected shortly; a final draft will then be taken to
the City Council.
The City Council held a Budget Workshop, detailed in the minutes
included in the Planning Commission packets and making clear the
impact on the City's coffers and what the state will be doing to the
City.
COMMISSION CONCERNS
Thompson Stated that he attended the Orange County Business Council
Infrastructure Committee meeting; there was an update regarding the
John Wayne Airport (JWA) operations and expansion; there has
been a 17 percent reduction in the number of flights due to the
economy, but a recovery is expected; in 2015, agreements expire; at
present there are caps on the number of passengers; a $550 million
expansion is planned, expanding from 14 to 20 gates with a new
terminal; JWA is known for having the largest through-put of any gate
in the country; this is good for business but not so good for those
under the flight path; it is important to remain vigilant regarding the
airport's growth.
Indicated he attended the last Citizens Advisory Committee
workshop with the OCTA for the; it was necessary to reduce bus
operations and adjust the budget due to the income reduction
experienced; OCTA revenues are lower because sales tax receipts
are down but are even lower because the state is taking more; this
reduction impacts lower-income people.
Stated he attended the State of the City address; although the news
is somber, we can be proud that Tustin was ranked 21st in the
country by Forbes as places to live, work, and play.
Offered congratulations to Lou Bone who received the Key to the City
Award, welt deserved for his work on the City Council and proof that
a retired person can invest much in the community; it is sad to see
him leave Tustin.
Minutes -Planning Commission June 9, 2009 -Page 13
Thompson continued Noted that he did not attend the Chili Cook-Off due to family conflicts;
however, he is well aware of the process of preparing for, hokfing,
and cleaning up this event; he thanked everyone involved for their
hard work.
Stated that he and his son, Luke, attended a sleepover on the USS
Midway in San Diego; this is a phenomenal restoration project; it
reminded him of the efforts of Old Town Tustin; as staff continues to
receive applications for the historic plaque program, he would like
recommendations from staff for stricter guidelines for the names of
these historic structures; history does not change but homeowners
do; the plaque program is intended to commemorate the history of
Old Town, and it is important not to lose track of that history.
Requested that staff provide updates during Planning Commission
meetings regarding the Zoning Administrator actions that are
provided to the Planning Commission by mail.
Puckett Stated that he toured the USS Midway, the first ship too large to pass
through the Panama Canal; and, encouraged everyone to to on the
tour.
Murray Noted that he has scheduled a motorcycle trip with some of his
colleagues to visit the USS Midway.
Stated he attended the I-5 Self Storage Grand Opening.
Indicated he met with Assemblyman Jeff Miller and Councilmember
John Nielsen to discuss Tustin issues and the Tustin Chamber when
Mr. Miller visited the City.
Stated that he attended the Tustin Foundation Awards ceremony and
was very pleased to see the various grants presented; Erin Nielsen
does a wonderful job at the Foundation.
Offered congratulations to Mayor Davert who was re-elected as the
Chair of the Sanitation District and will have additional tenure on the
Orange County Fire Authority Board.
Stated he was asked to sit on the Advisory Board of the Tustin
Community Foundation.
Noted he attended the Pat Nixon Scholarship luncheon at the Tustin
Ranch Golf Course.
Minutes -Planning Commission June 9, 2009 -Page 14
Murray continued Indicated he also attended the ground-breaking of the new quad
project at the Tustin High School; Mayor Davert and Councilmember
Nielsen were also in attendance.
Stated that he attended the State of the City luncheon where he
appreciated the tribute to Lou Bane for all his great work to the City.
Indicated he worked with Marilyn Esposito on some of the contests at
the Chili Cook-Off; Mayor Davert was in the dunk tank more than
once, a charity event for Tustin baseball teams.
Thanked his colleagues for their support of the Juvenile Diabetes
fundraiser for the Padre Foundation in which his daughter is involved.
Complimented the Tustin Police Department and Community
Development staff for the graffrti presentation.
Kasalek Stated that she also attended the Tustin Community Foundation
luncheon, an outstanding event; it was exciting to see the number of
non-profits involved.
Indicated she attended the Teacher of the Year dinner.
Noted she also attended the State of the City luncheon last week;
and, offered her personal congratulations to Lou Bone; she served
on the Commission with him many years ago; it is sad to know he will
be leaving Tustin; he will be missed.
Indicated that she also saw Mayor Pro Tem Amante getting dunked
at the Chili Cook-Off.
Noted that the Tustin Preservation Conservancy Tea and Tour takes
place this Saturday; the Police Department Open House takes place
on June 20.
Offered her congratulations to AI Murray for his role in the City of
Irvine's being the largest safe city again this year.
Kozak Reminded everyone that Concerts in the Park begin June 24 and
continue through August 12.
Noted the staff projects with partners in the community: The
Foundation, graffiti project, Chili Cook-Off; these are all reasons that
Tustin ranks in the top 25 best cities to live well in the United States.
Minutes -Planning Commission June 9, 2009 -Page 15
Kozak continued Thanked staff for the opportunity to attend the Second Annual
Orange County Water Summit in Anaheim; the topics included the
"water wars" between north and south, agricultural and urban
interests, ways to revitalize the Delta and bring more fresh water to
central and southern California, how businesses can work with water-
saving projects in order to remain sustainable and vibrant, relying on
local water resources such as Tustin's ground water replenishment
system that has become a model for other communities, etc.
Stated he attended the State of the City address and luncheon; he,
too, served with Lou Bone on the Planning Commission; Lou is a
wonderful person and citizen.
Nated the City of Tustin/Lions/Chamber Food Drive for the Orange
County Rescue Mission and Blind Children's Learning Center runs
May through August; information is available from the Chamber;
there are a dozen places where goods can be delivered.
Commented that the Memorial between EI Camino Real and EI
Camino Way is in need of repair or replacement.
Murray Reminded everyone that the Tustin Chamber holds its 52"d Annual
Chamber Gala installation of officers and Tustin business of the year
awards on June 26 at the Tustin Ranch Golf Course.
Puckett Commented that Lou Bone had a tremendous impact on the City and
is now moving out of town; Commissioner Puckett is an ex-mayor
who stayed and will continue to do so.
Stated that he already noted the wonderful Planning staff and would
be remiss not to mention the equally wonderful City Council.
Noted that he and Commissioner Kasalek were both in Stockholm,
Sweden, on May 19~'; however, their paths did not cross;
Commissioner Puckett and his wife boarded a cruise ship in London
that toured the Baftic capita Is.
Congratulated AI Enderle and Kim Bass who were the 2009 Man and
Woman of the Year recipients.
Indicated that the Tustin Foundation presented checks to about 20
non-profits.
Stated he enjoyed the Chili Cook-Off and State of the City address.
Minutes -Planning Commission June 9, 2009 -Page 96
Puckett continued Noted that he completed the Hope University golf marathon; thanks
to everyone's support, he was the top fundraiser at $5,000.
9:03 p.m. ADJOURNMENT
Murray Adjourned the meeting on behalf of Councilwoman Beth Krom, City
of Irvine, due to the untimely loss of his son, Noah, over the
weekend.
The next regular meeting of the Planning Commission is scheduled
for Tuesday, June 23, 2009, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
i~
Charles E. Puckett
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission June 9, 2009 -Page 17
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JUNE 23, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek and Murray
Absent: Commissioner Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Terry Lutz, Principal Engineer
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Reina Kapadia, Associate Planner
~- Eloise Harris, Recording Secretary
None
Approved, with
one minor
correction
Murray
PUBLIC CONCERNS
CONSENT CALENDAR
APPROVAL OF MINUTES -JUNE 9, 2009, PLANNING
COMMISSION MEETING.
Noted a correction on page 9 in his comment; the word "exists" should
be changed to "exits."
2. CERTIFICATE OF APPROPRIATENESS REPORT
REGARDING OLD TOWN PROJECTS APPROVED BY THE
COMMUNITY DEVELOPMENT DEPARTMENT FROM
DECEMBER 9, 2008, TO JUNE 23, 2009.
Kozak Noted for the record that the First Advent Church on Main Street is
listed in the staff report as the oldest continuously active Protestant
church in the County and the oldest church in Tustin, being built in
1881; the improvements look good.
Minutes -Planning Commission June 23, 2009 -Page 1
Puckett Added that he attended the 125' anniversary celebration a few years
ago.
It was moved by Murray, seconded by Kozak, to approve the Consent
Calendar. Motion carried 4-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Adopted Resolution 3. DESIGN REVIEW 08-008 A REQUEST FOR SITE PLAN
No. 4119 APPROVAL FOR AN ABANDONED RESTAURANT
BUILDING TO BE REMODELED AND USED FOR A
PHYSICAL THERAPY OFFICE, INCLUDING ASSOCIATED
SITE IMPROVEMENTS, AT 365 WEST FIRST STREET.
THIS PROJECT IS LOCATED IN THE PLANNED
COMMUNITY COMMERCIAUBUSINESS ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4119
approving Design Review 09-008.
Kapadia Presented the staff report.
Director Added that the architecture will be similar but more enhanced than
what was approved for the Cathy's Kids architectural and site plan;
those entitlements expired; the applicant before the Commission this
evening or Temecula Valley Bank, the property owner, could not
proceed under those prior entitlements for the building itself nor the
site plan because that was a daycare facility; staff has a legal acction
pending; the existing owner had no entitlement; staff is asking that the
building be brought into conformity; the First Street Specfic Plan
requires the Planning Commission's approval of a site plan; the
document before the Commission is not a precise plan; staff believes
this plan may change; staff is expediting this application to remove a
nuisance condition at that location.
Murray Asked, based upon the Director's comments, what might happen if
the Planning Commission approves what is being presented tonight.
Director Stated that an approval would allow the applicant to submit into plan
check expeditiously; in the event that the applicant is unable to
purchase the property, the bank could take advantage of such an
approval and submit into plan check; either of the two parties may
proceed.
Minutes -Planning Commission June 23, 2009 -Page 2
Kozak Asked if he was correct in understanding from the language in the
report that this item will not be returning to the Planning Commission.
Director Replied that staff does not intend to bring the application back.
Kozak Thanked staff and the applicants for working together to bring this
conceptual plan before the Commission; this looks to be a major
improvement; he understands the desire to expedite the application;
because this is only a conceptual plan the Commission is being asked
to approve, he would have several questions before voting on the
project.
Referred to the parapet and roof-mounted equipment, stating the
parapet does not appear to be shiekiing the equipment on all sides.
Kapadia Indicated that was correct and that is why Condition 3.3 was included.
Kozak Stated that Condition 3.3 refers to six inches below the top; the
drawing shows the air conditioning units popping above the parapet,
and the parapet does not surround all four sides of the building; if one
looks at the site from the apartment homes, exposed conduit, duct
work, and old metal are visible; this is an eyesore; the Planning
Commission also should consider that the wood at the front of the
building is falling apart and needs to be removed and replaced.
Director Indicated that staff met with the applicant, his architect, and contractor
earlier today and spent time speaking spec~cally to that issue so that
it would be clear to everyone what effective screening means; this will
be a costly item for the applicant, but it is important due to issues in
the past; the applicant has a good understanding of staffs
expectations.
Kozak Stated that sort of clarification was what he was seeking; he does
want the project to move ahead; direction should be provided to staff
at this meeting in order to accomplish that.
Director Indicated that staff will ensure there are line-of-sight perspectives at
the time of plan check.
Kozak Added that he noticed the walls of the building are cinder block; the
staff report indicated stucco and also a reference to plaster; he would
like to know what the surface will look like.
Kapadia Replied that cinder block was what was currently shown on the plans
for three of the elevations; the front facade is to be a plaster finish.
Minutes -Planning Commission June 23, 2009 -Page 3
Kozak Asked that the trash enclosure be covered over the top, the
landscaping palette be enhanced, and the type of signage be
indicated.
Kapadia Answered that the signage is to be determined; staff has not reviewed
any signage proposals at this time.
Kozak Stated, as long as the signage is in keeping with the architecture and
the surrounding area and in good taste, that decision can be left to
staff.
Referred to two electrical conduits, one no longer active but the other
has the wiring going into it; the parapet would have to be raised
approximately four feet to hide that structure; perhaps the electrical
can be redirected and attached to the building; it is not his intention to
impose undue hardship on the applicant; however, if those two metal
conduits are not moved, the electrical will be exposed.
Questioned whether the materials to be used on the front elevation
include stucco with black tiles on the roof.
Kapadia Replied that the flat concrete tiles on the roof will be a Walnut Creek
blend, a dark brown color.
Kozak Asked for further clarfication of what the arcade will look like and
whether it will be compatible with recently approved projects.
Puckett Invited the applicant to the lectern.
Murray Added that he was concerned that the architecture be consistent with
the theme of Villa Viento and also with the air-conditioning units being
visible from the street.
Bill Mason, WMA Provided the following responses to the Commissioners' concerns:
Architects, 3276
Dakota Avenue, The parapets will be raised to properly screen the air-
Costa Mesa, the conditioning units.
architect
for the proposed Plastering the walls was a financial matter; the entry facade is
tenant to be plastered; the plan for the existing steel columns is to
bury structural elements within a plaster column system, which
would be tiered plaster with trim at the middle and bottom; the
fascia of the existing facade would be removed, the beams run
through the arcade and exposed at the end; if problems arise
when the fasaa is removed, the rafter would be buried inside
the plaster walls with no exposed rafter tails; the plaster down
the side of the building would be 15-20 feet down on the west
elevation; on the east side it would be returned around the
Minutes -Planning Commission June 23, 2009 -Page 4
comer of the building 3-5 feet; painting the block to match the
plaster would be less obtrusive; this will be discussed with
staff.
• Since no one will see the rear of the building, the block will be
painted to match the rest of the building.
• The detail for the trash enclosure had not included a roof over
the the enclosure; that issue can also be discussed with staff.
• The landscaping shown on the proposed plan fulfills the City's
requirement and will be sign~cantly more than now exists on
the site.
Kozak Asked if the south and east elevations are proposing new
landscaping.
Mr. Mason Answered in the affirmative.
Kozak Suggested that adding more trees or moving the existing trees to the
front would give the building a more welcoming appearance.
Asked if there will be open space between each of the columns.
Mr. Mason Answered in the affirmative; and, added that there will be light
sconces on the inside of the arcade.
Stated that no decision has been made regarding signage.
Indicated the electrical feeds on the west side are proposed to be
lowered to parapet height.
Noted the proposal is for a flat concrete the roof in a brown tone.
Thanked staff for their help regarding the design issues.
Kozak Thanked the architect for responding to each of the topics that he
mentioned, some of which were echoed by other members of the
Commission.
Asked if, after the discussion, it would be important to make these part
of the motion or provide direction to work with the developer to
address these issues.
Director Answered that if the Commission felt the conditions provided in the
resolution were inadequate to address those concerns, the resolution
should be modified.
Minutes -Planning Commission June 23, 2009 -Page 5
Kozak Responded that he felt the conditions were in keeping with other
projects and conditions of approval; he felt there was a disconnect ~
between the renderings and the conditions of approval; that was his
reason for going through the exercise.
Director Indicated that the Planning Commission typically receives a more
finished elevation package than the one provided this evening; staff
shares some of the Commission's concerns; staff and the architect
understand what Commissioner Kozak was trying to convey regarding
what the final product should be.
Kozak Thanked staff for that response.
Murray Asked if any primary applications are pending.
Director Answered in the negative.
Murray Reiterated his concerns regarding the gas station and also that the
structure be consistent with Villa Viento; and, moved approval of the
application, seconded by Kozak.
Willkom Noted that a revised Condition 1.3 was provided at the dais changing
the timeframe from 30 days to 60 days and from 60 days to 120 days
to submit for plan check.
Kozak Suggested that the maker of the motion add a request that staff
address comments by the Commission.
Murray assented.
Kasaleck Concurred with the suggestions of the other Commissioners; and,
congratulated and welcomed the applicants to Tustin.
Kozak Added his welcome to the applicants.
Murray Asked if the property owner was in attendance.
Director Noted that Temecula Valley Bank was not represented at the meeting
this evening; the property went into receivership and went back to the
bank; if the transaction does go forward, the bank will make these
improvements; since the applicant and architect are in attendance and
the bank is not, it will be incumbent upon the bank to make the
improvements.
Puckett Noted his concurrence with the above comments; and, added this
project will be a welcome addition that will eliminate an eyesore that
has existed on the site for quite some time.
Minutes -Planning Commission June 23, 2009 -Page 6
Motion carried 4-0.
Approved 4. COMMENDATION NOMINATION - 350 MYRTLE AVENUE
RECOMMENDATION:
That the Planning Commission approve the nomination of 350
Myrtle Avenue to the City's Commendation Program.
Reekstin Presented the staff report.
Kozak Asked that staff respond to Commission Thompson's request at an
earlier meeting that a strong historic linkage regarding a building
origins be maintained in the naming of the property.
Reekstin Indicated that a report regarding the criteria for naming the property
will be brought back to the Planning Commission; staff chose to wait
until Commissioner Thompson could be in attendance.
Murray Complimented Brent Ferdig and Lucy Burch for both nominating this
property; and, stated that when he visited the property he was
pleased to see that drought-resistant plants have been used in the
landscaping.
Kozak Concurred that the landscaping is beautiful and the attention to water
conservation is evident.
Kasalek Agreed with the other Commissioners; this structure provides a nice
look coming from Santa Ana.
It moved by Kozak, seconded by Kasalek, to approve the nomination.
Motion carried 4-0.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE JUNE 16, 2009,
CITY COUNCIL MEETING.
Director reported The City Council held a public hearing for the revisions to the City's
Housing Element; staff understands that certification will be received
from the State; many thanks to Community Development and
Redevelopment Agency staff who worked very hard to respond to the
demands of the State; staff will share a copy of the certification with
the Commission when it is received.
The City Council adopted a City budget, pared somewhat; all of the
City's managers are closely watching developments at the State level
and the various impacts that will be felt in Tustin.
Minutes -Planning Commission June 23, 2009 -Page 7
COMMISSION CONCERNS
Murray Stated that 140 C Street is overgrown; the gas station adjacent to the
property on tonight's agenda looks abandoned and is in disrepair;
pefiaps Code Enforcement could check on those two sites.
Director Answered that it is staffs understanding that the gas station has been
closed for about six months; City staff has opened a Code
Enforcement case on that site.
Murray Asked for the status of the new restaurant opening on Red Hill near
the freeway and whether ornot aribbon-cutting has been announced.
Director Indicated that staff has no information on the ribbon-cutting but
believes the project is moving forward.
Murray Noted that Mayor Davert did a fine job with the State of the City.
Stated that he worked with Marilyn Esposito at the Chili Cook-off
judging hot legs; kudos to Tustin service groups who were involved in
the success of the Cook-Off.
Reminded everyone that Concerts in the Park begin tomorrow
evening at 6:00 p.m.
Thanked Adrian Morton and the American Legion for the retirement of
the flags, which made the front page of The Register.
Offered congratulations to new Orange County Fire Authority Chief
Keith Richter.
Stated it is hard to realize Lou Bone will no longer be a part of the
City; and, added that he had breakfast with former Mayor Bone over
the weekend: ex-Mayor Bone asked him to give everyone at the
Planning Commission meeting his best wishes.
Reminded everyone that school is out, so we should be vigilant and
slow down to watch out for the children.
Noted he attended the Tustin Police Department Open House last
Saturday; Chief Jordan and his staff did a great job, and the event
was well attended.
Stated that the Tustin Chamber has a gala event this Friday evening.
Referred to the article in The Register June 20th stating home sales
are up in Tustin, which he hopes is a sign of the economy improving.
Minutes -Planning Commission June 23, 2009 -Page 8
Kasalek Stated that she attended the Tustin Conservancy Tea and Tour and
was fortunate to have former Planning Commissioner Linda Jennings,
who knows everything about the area, as her tour guide; the tea was
held at the Wilcox Manor in the beautiful garden.
Indicated she expects to see everyone at the Concerts in the Park
with dancing shoes on ready to perform an Irish jig.
Offered congratulations to the Peppertree homeowners who have
been- participating in the replanting of the comer areas on Walnut.
Wished everyone a Happy Fourth of July; and, reminded everyone of
the fireworks at Tustin High School and the parade earlier in the day
in Tustin Meadows; it is always nice to see Tustin dignitaries riding in
the parade.
Kozak Refrained from repeating the events he attended that were mentioned
by other Commissioners.
Reminded everyone that the Tustin Police Department is accepting
applications for their 26"' Citizens Academy beginning in August; and,
encouraged folks to go to the website and fill out an application.
Noted that the Econo Lube 'N Tune on First is also a blight and should
~ be investigated by Code Enforcement.
Offered congratulations to staff for the letter of certification regarding
the Housing Element.
Puckett Wished everyone a belated Happy Father's Day.
Congratulated everyone who came out for the Peppertree
beautification project in which he also participated; those four comers
are looking very nice; it is good to see homeowners take that initiative;
Mary Sando was the organizer of the volunteer organization.
Stated that this Thursday there will be celebration for the recognition
of the 20~' anniversary of the Tustin Public Schools Foundation with a
dinner at Linda Jennings' home where current and former Board
members will be recognized; he served on the first Board 20 years
ago with the "Imagine a Million" campaign; it is amazing to see how
far the Foundation has come in 20 years; Linda Jennings was the first
Chairman of the Board and is to be congratulated.
Noted the Fourth of July celebration will be a big event.
i
Minutes -Planning Commission June 23, 2009 -Page 9
Puckett continued Stated that he and his wife had dinner at the Pineapple Hill Grill with
Lou and Carol Bone and several former mayors of Tustin during
which the Banes were given a proper send-off.
8:00 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, July 14, 2009, at 7:00 p.m. in the City Council Chamber
at 300 Centennial Way.
----~_
Charles E. Puckett
Chairperson
Elizabeth A. Binsac
Planning Commission Secretary
Minutes -Planning Commission June 23, 2009 -Page 10
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JULY 14, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION AND PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Pro Tem Puckett
Commissioners Kasalek, Murray, Thompson
Absent: Chair Pro Tem Kozak
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Principal Planner
Amy Thomas, Senior Planner
Ryan Swiontek, Associate Planner
Eloise Hams, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -JUNE 23, 2009, PLANNING
COMMISSION MEETING.
It was moved by Murray, seconded by Kasalek, to approve the
Consent Calendar. Motion carried 3-0. Thompson abstained.
PUBLIC HEARINGS
Adopted Resolution 2. CONDITIONAL USE PERMIT 09-001 A REQUEST FOR
No. 4120, as AUTHORIZATION TO AMEND A MASTER SIGN PLAN
modified LOCATED AT 2472, 2492, 2515, AND 2552 WALNUT
AVENUE. THIS PROJECT IS LOCATED WITHIN THE
PLANNED COMMUNITY COMMERCIAL (PC COMM)
ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4120
approving Conditional Use Permit 09-001.
Minutes -Planning Commission July 14, 2009 -Page 1
7:04 p.m. The Public Hearing opened.
Swiontek Presented the staff report, indicating that some conditions were
mod~ed prior to the meeting; read those changes into the record.
Asked if there was a particular reason for the font choice dedicated
Murray
to the sign program.
Swiontek Suggested that the applicant might better address that question;
and, added that for registered trademarks and corporate logos may
be used instead of the Humanist font.
Murray Referred to Condition 2.5 and suggested that the following
language be added: "It shall be the responsibility of the property
owner to make such repairs."
Swiontek Confirmed with Commissioner Murray the exact location of the new
language.
Murray Stated he did not find anything in the resolution pertaining to
lighting; Sheet 3 of 16 refers to halo neon illumination being a
m of 30ma and also talks about the signs for the restaurant
i
mu
max
building; he is concerned from a public safety standpoint and
ensuring consistency with other approved applications.
Asked if Commissioner Murray was referring to external lighting ad
Swiontek
spillover.
Murray Answered he was referring to the requirements for the halo lighting
that is mentioned in the Specific Plan.
Swiontek Stated that language could be included regarding the intensity; halo
lighting typically reflects off the building and is a minimum wattage
that outlines the lettering and would not be directing out from the
building.
Referred to page 5 of the staff report that talks about prohibited
Thompson signs and asked for clar~cafion.
Swiontek Asked Commission Thompson to reference the proposed
amendment to the Master Sign Plan, Sheet 3, which outlines the
restrictions.
Thompson Asked if the Fire and Police Departments review sign programs in
order to understand where the number addresses are being placed
and what visibility will result.
Swiontek Answered that the plan was sent to the Police Department for
review; this particular application was not sent to the OCFA which
Minutes -Planning Commission July 14, 2009 -Page 2
has its own criteria for signs; he can contact the OCFA to see if the
program meets those standards.
Thompson Asked if certain signs to be removed are the ones not in conformity
with the Master Plan.
Swiontek Answered in the affirmative.
Thompson Questioned whether or not there are more than two signs on-site
that need to be removed.
Swiontek Replied that the existing shared monument sign on one of the
properties is nonconforming for the Tustin City Sign Code as well
as the sign program; the existing tenant cabinet sign on Building 4
is the other sign referrer to in the staff report.
Thompson Stated that he was pleased to see Condition 2.5 requires removal
of signs when there are vacancies.
Kasalek Asked if the sign colors in the center will be uniform except for the
retail section.
Swiontek Answered in the affirmative.
Kasalek Questioned whether or not the retailers have the freedom to select
whatever colors they choose.
Swiontek Responded that retail buildings are usually provided more flexibility
regarding a moniker or logo, whereas office complexes are more
uniform in font size and more distinct to the tenant.
Kasalek Stated her assumption that within the building there exists a
uniform sign agreement among the restaurants.
Swiontek Indicated there are five restaurant tenants; there is uniformity
regarding size and allowable square footage, but they have been
given flexibility regarding colors and fonts.
Kasalek Asked how it is determined who gets signage on the monument
signs.
Swiontek Indicated his understanding that the monument signs are designed
as office-type signs with tenant panels; as noted in the staff report,
one of the deviations from the Sign Code would be that an office
complex would not have multiple tenants; the First Baptist Church
has indicated they may not want to share a sign; the only building
not receiving a monument sign would be the retail.
Minutes -Planning Commission July 14, 2009 -Page 3
Kasalek Stated that her concern is for the future when tenants change.
Swiontek Noted there are individual parcels, but staff is looking at Tustin
Corporate Center as a complex presenting opportunities for shared
monuments; any sign needs to be approved by the particular
building owner.
Kasalek Suggested that the CC&Rs will require that this proposed sign plan
continue from owner to owner.
Swiontek Answered in the affirmative; with regard to the condominium office
building, it is outlined that the property management determines
which tenant panels are assigned to individual tenants.
Puckett Noted that the original sign plan was approved 20 years ago, so it
seems a change is in order.
Invited the applicant to the lectern.
Todd Travis, Travis Responded to the Commissioners' comments as follows:
Design Group
• The lighting for the two office buildings washes on the wall
from behind; 30ma is a standard intensity for neon and will
be subtle; the church will be allowed to have the type of sign
that is there now.
• The church tenants brought up the monument signs which
are non-illuminated; however, it is anticipated that these will
be up-lit with small ground fixtures to provide illumination at
night.
• The retail will be standard channel letters for the restaurant
tenants only.
• The OCFA was contacted when the 2552 building was
being constructed; what is being proposed is consistent with
OCFA requirements; however, changes will be made if
necessary; since the addresses are already existing, that
was a secondary issue.
• The signs to be removed are the nonconforming sign and
the wall sign that was inconsistent with the original sign
program and will continue to be with the new sign program;
the Building 4 owner is aware that sign will need to be
replaced.
• Relayed to the commission the assignment of the
monument and wall signs.
Minutes -Planning Commission July 14, 2009 -Page 4
Murray Asked Mr. Travis to provide his background.
Mr. Travis Indicated he was in the sign business for 25 years, constructing ad
building signs; for the past 5-6 years, he has been working with
developers to redesign and create sign program documents.
Murray Asked if it is Mr. Travis's opinion that this program is in keeping
with best practices regarding signage.
Mr. Travis Answered in the affirmative; and, added that he chose the
Humanist font because it is a modern font that is easy to read and
has not been over-used.
Puckett Invited others speakers to the lectern.
Lowell Fitzgerald, First Thanked staff and Mr. Travis for clarifying many of the church's
Baptist Church concerns; referred to the questions he provided the Commission,
which are incorporated herein by reference.
Stated that he has been aware for some time that a new sign
program was being designed; the church would like a monument
sign with only the church's name on it; the church does not want to
delay the project but would like time to remove and replace the
current sign and would request more than 90 days in which to do
so.
7:37 p.m. The Public Hearing closed.
Puckett Asked if the church's concerns were adequately addressed in the
proposal.
Director Replied that staff can accommodate Mr. Lowell's concerns 1-3 by
making mod cations to the conditions; the intent was not to
disallow up-lighting or illumination; regarding comment No 4., staff
can accommodate the number of days; the concern is not issuing
new permits for signs; the concern is that in the past when there
have been nonconforming signs the permit is issued for the new
sign and the nonconforming signs remain; it would be staffs
suggestion that a determination be made that either the
nonconforming signs are removed and the new signs permitted
within a certain number of days, 90 or 180, but the nonconforming
sign be removed before a permit is issued; the church can work
with staff within those time frames or a temporary sign can be
erected for a certain length of time; that could be incorporated into
this sign program or the church could work under the City's banner
permit; however, banners are only allowed for 30 days per
calendar quarter.
Minutes -Planning Commission July 14, 2009 -Page 5
Puckett Stated that when Tustin Ranch Road goes through, the church will
have a lot more visibility.
Thompson Indicated that staff and Mr. Travis have done a good job
addressing the comments and concerns; he supports the project.
Murray Concurred with Commissioner Thompson; and, asked staff if the
precedent being set will be appropriate for the future.
Director Responded in the affirmative.
Kasalek Asked for clarification regarding the 180 days for the church to
remove and replace the nonconforming sign.
Director Indicated that staff is proposing either allowing for 90 days, 180
days, or require the removal of the nonconforming signs and allow
for new signs to be issued immediately.
Thompson Suggested that to avoid the problem of old signs up and new signs
permitted that the permits be issued when the signs are removed.
Murray, Puckett Agreed with Commissioner Thompson's suggestion.
Kasalek Added her compliments to the applicant for handling a very
unusual sign situation.
Thompson Moved to adopt Resolution No. 4120, modifying Condition 2.9
regarding the 90-day requirement and that the nonconfirming signs
being removed before the permits are issued. Kasalek seconded
the motion. Motion carried 4-0.
Director Indicated that staff would make that mod cation.
Mr. Lowell Stated the he will do the best he can to get the church's
nonconforming sign removed.
None REGULAR BUSINESS
STAFF CONCERNS
3. REPORT OF ACTIONS TAKEN AT THE JULY 7, 2009,
CITY COUNCIL MEETING.
Director reported The City Council appointed AI Murray as the Tustin representative
for Orange County Vector Control, Commissioner Murray will hold
former Mayor Lou Bone's position on that panel.
Congratulated Commissioner Murray on his appointment.
Minutes -Planning Commission July 14, 2009 -Page 6
Director continued Asked the Commissioners if they would be available for a tour
beginning at 5:00 p.m. before the Planning Commission meeting
on July 28, 2009.
Commissioners Answered in the affirmative.
COMMISSION CONCERNS
Thompson Requested that an update regarding Zoning Administrator actions
be provided at the next meeting and that actions be included on the
Planning Commission agenda.
Director Stated that those items are provided when there is a Zoning
Administrator action; there is not a regularly scheduled Zoning
Administrator hearing; staff can update the Commission on how
those items occur.
Thompson Requested that, when there is an action, it be incorporated into the
Planning Commission agenda.
Referred to his earlier request regarding the Old Town plaque
guidelines.
Director Indicated that item is scheduled for the next meeting; it would have
been on the last Planning Commission agenda, but staff chose to
wait until both Commissioner Thompson and Scott Reekstin could
be in attendance.
Thompson Attended a ground breaking ceremony for Upper Chiquita
Reservoir, a 750-acre-foot reservoir; the ground breaking was well
attended by various officials; it was interesting to hear the
environmental issues that needed to be resolved before the
reservoir was permitted and underway.
Thanked staff for allowing him to catch up on The Legacy tour that
he missed.
Asked that this meeting be closed in honor of our junior honorary
planning commissioner, Luke Thompson, for his second year of
meeting attendance.
Murray Asked if there are any pending legislative issues on which the
Commission may need updating.
Director Indicated that staff will be making a presentation on AB 32 and SB
375, the greenhouse gas and sustainable communities bills, to the
City Council at their next meeting after which the presentation will
be provided to the Planning Commission; staff will be monitoring
Minutes -Planning Commission July 14, 2009 -Page 7
and will provide further updates when the Legislature reconvenes
in September.
Asked if the Community Development Department will be impacted
Murray
by the budget.
Stated that adjustments were made as required by the approved
Director Budget; City staff continues to monitor what is happening at the
State level; staff will keep the Planning Commission and City
Council apprised of any new developments.
Murray Indicated he attended and enjoyed the Tustin Chamber Gala at the
Tustin Ranch Golf Course.
Noted that he enjoyed participating in the Tustin Meadows Fourth
of July parade; as always, the Fourth of July extravaganza at
Tustin High School was spectacular, thanks to Parks and
Recreation and the Tustin Police Department.
Reminded everyone that Movies at the Park are beginning soon.
Noted that he was unable to attend the ribbon cutting, but he
visited Jim's Music Center on Newport Avenue near the freeway;
every kind of instrument imaginable can be found there.
Mentioned the upcoming celebration of the 20"' anniversary of
Tustin's Senior Center on Monday, August 10, 5:00-7:00 p.m.
Kasalek Stated it was her privilege to attend the Tustin Public Schools
Foundation 20~' anniversary, a great event.
Noted she also attended the Tustin Meadows parade; it was a
pleasure seeing Commissioner Murray throwing candy and making
friends with the youngsters in the neighborhood.
Agreed that the fireworks at Tustin High School were terrific,
especially the finale.
Offered congratulations to Commissioner Murray on his
appointment to the Vector Control.
Referred to a letter she received concerning the clean-up of the soil
at the former Base.
Ogdon Explained that the military operations at the Base left
contamination; when the Navy transfers the property, they sign a
document that indicates the contamination has been cleaned up
completely; California DTSC, Cal APA, USCPA, and the Regional
Water Quality Control Board all sign the same document; when a
Minutes -Planning Commission July 14, 2009 -Page 8
developer starts grading, something may be found that was
missed; this is not typically a big issue; instead of having to go
through the steps to investigate and document and notify all the
property owners, the procedure the neighborhood is being told
about now is a program document providing a plan of action, if they
ever do find something, going through the not cation procedure is
not necessary because the steps are already in place, the
agencies all lined up to help; the problem is identified and removed
from the soil and taken to a cert~ed dump; this is a first step in a
program effort to plan for the future; it is possible nothing will ever
be found.
Kasalek Thanked the Assistant Director for that explanation; there were
neighbors in her area who were concerned.
Puckett Stated he also attended the Tustin Meadows parade; it is
wonderful to see a community come together like that.
Offered congratulations to Parks and Recreation for the wonderful
Fourth of July celebration at the high school stadium.
Asked if there is an opening date set for the new library.
Director Indicated that staff would get the date out to the Commissioners.
Puckett Noted that the Concerts in the Park have been going well;
tomorrow evening will present a Johnny Cash tribute.
Shared that his wife, Donna, will be celebrating her birthday this
Saturday.
Closed the meeting on behalf of "honorary planning commissioner"
Luke Thompson.
7:55 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, July 28, 2009, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Elizabeth A. Binsack
Planning Commission Secretary
~Ir -
~~^
Charles E. Puckett
Chairperson
Minutes -Planning Commission July 14, 2009 -Page 9
SPECIAL MEETING
TOUR OF THE IRVINE INDUSTRIAL COMPLEX-TUSTIN
AND JAMBOREE PLAZA
LEFT CITY HALL AT 5:10 P.M.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JULY 28, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION/PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Given PRESENTATION: Status of Assembly Bill 32 and Senate Bill 375
Murray Asked if there is any good news.
Director Responded that it will be interesting to see what is determined by the
peer review; there may be a benefit with these regulations; the
question is at what cost.
Murray Suggested there have been no funding measures introduced to assist
cities in implementing these changes.
Director Stated that was correct.
Thompson Added that he attended an OCTA Committee meeting during which
the state was considering a fee or tax that would help fund these
measures.
Requested that the presentation that was given by the Director this
evening be sent to the Commissioners as a helpful, high-level
resource as they participate in other committee meetings.
Referred to the targets that will be community wide and what might be
asked or required.
Minutes -Planning Commission Juty 28, 2009 -Page 1
Director Responded that those would be projects that have been ident~ed in
the Housing Element or within the strategy that meets one of the
targets.
Thompson Asked for clarification of what a target might be.
Director Answered any project included in a sustainable community strategy or
within an RTP that meets one of the requirements or has been
considered in a larger environmental impact report.
Thompson Asked for a specific example.
Director Stated a higher density development, mixed use development,
development located close to a rail station, etc.
Thompson Asked if The Legacy project will be affected by this new law.
Director Answered in the negative.
Thompson Referred to the costs shown in the presentation; and, asked if these
costs were additive or an analogy comparison.
Director Stated those costs are individual.
Thompson Suggested then that calculating the impact would require adding all
those costs together, resulting in a very big number.
Added that conservation and protection of the environment are great;
however, this draconian approach is wrong; the state legislature
mandating this is enacting a double standard; the state has stripped
away funds from the cities and counties, yet mandates these added
requirements; this approach will surely keep California in recession
longer that other states.
Murray Asked if these new laws will apply to redevelopment.
Director Answered in the affirmative.
Kasalek Stated her agreement with Commissioner Thompson's remarks.
Kozak Thanked the Director for the presentation; it is clear that the
philosophy behind these measures is flawed; the cost figures are
phenomenal, especially given the reality that the state cannot even
pass a budget on time; the state taking over land use control for 58
counties in the state seems incomprehensible; the more control is
centralized and local control removed, the more disjointed the
decision-making process becomes; this is the wrong thing at the
wrong time and is very troubling.
Minutes -Planning Commission July 28, 2009 -Page 2
Kozak continued Agreed that sharing this information with the Planning Commissioners
via e-mail would be useful.
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES -JULY 14, 2009, PLANNING
COMMISSION MEETING.
It was moved by Murray, seconded by Thompson, to approve the
Consent Calendar. Motion carried 4-0. Kozak abstained.
None PUBLIC HEARINGS
REGULAR BUSINESS
Provided direction 2. FOLLOW-UP DISCUSSION
to staff TOUR THE IRVINE INDUSTRIAL COMPLEX-TUSTIN
AND JAMBOREE PLAZA:
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.
Commissioners Thanked staff for a useful and informative tour.
Murray Asked what the next tour might be.
Director Indicated that a walk through a park in Tustin Ranch is being planned
and coordinated with the Parks ~ Recreation and Public works
Departments for a meeting in September.
Provided direction 3. TUSTIN HISTORIC REGISTER PLAQUE PROGRAM
to staff; criteria CRITERIA
will be mod~ed
and brought back The Tustin City council approved the implementation of the
to Commission Tustin Historic Register Plaque Program and established
program criteria on March 20, 2000. The program criteria
require that the plaque display the construction date, the words
"Tustin Historic Register," and approved supplemental text. No
specific criteria were established for the supplemental text.
Minutes -Planning Commission July 28, 2009 -Page 3
RECOMMENDATION:
That the Planning Commission establish criteria for the
historical property names placed on plaques obtained through
the City's Historic Register Plaque Program.
Reekstin Presented the staff report.
Murray Asked if this was a model policy consistent with similar historical
districts.
Reekstin Indicated that he had done research to find guidance at the state or
federal level but found nothing specific.
Thompson Stated that members from the Tustin Preservation Conservancy were
in the audience and perhaps wished to provide input.
Linda Jennings, Noted that when the original historical resource commission known as
6350 South B the Cultural Resource Advisory Committee (CRAG) designed the
Street, Tustin plaque program, it was suggested that if no names were known for the
house an architectural type such as Italianate-Victorian or California
Craftsman could be considered; using the current owner's name
would rarely be appropriate; there are a few exceptions: the Pankey
House; Jeff Thompson's house which was appropriate since he and
his wife saved that house from demolition; the Lindsay House; and the
Patton House all seem appropriate.
Suggested that the brochure and the map regarding the plaque
program are out of date; several structures that have plaques are not
represented on the brochure; the Conservancy has expressed an
interest in reprinting the map; if the Commission so desires, she would
be happy to take that to the Board for approval.
Thompson Commented that the memorandum highlights many of the issues that
needed clarity; this should be used as a handout for individuals who
apply for a plaque; perhaps subtitles could be added to the bullets;
perhaps there could be a cautionary statement included regarding
personal bias regarding a name that does not have historical
relevance; no one is prevented from putting a plaque on a house;
however, being in the historical program is a speaal overlay and
recognition; the word "deviate" in the last bullet might be a concern;
the policy needs flexibility but also rigidity; this program is intended to
memorialize history and should not change it; it celebrates important
contributions to history.
Murray Stated that staff is to be commended for the report; a standardized
naming convention regarding something of historical significance is
important; the Planning Commission needs to provide consistency
Minutes -Planning Commission July 28, 2009 -Page 4
and context and to provide common sense and good judgment related
to this program; exceptions should be handled very carefully; the
program information should be added to the City's website.
Kasalek Stated that, since the Conservancy is willing to update the map, the
Planning Commission should consider giving them permission to do
so; there should be a strong preference given to the historical value,
but the Planning Commission should have some flexibility.
Kozak Offered his compliments to staff; it is important to preserve and
reinforce the historical integrity of Old Town Tustin properties, whether
they be commercial or residential; the issues and concerns have been
ident~ed; perhaps the bullets should include the hierarchy for the
naming convention; all the materials should be made available on the
City's website so that when suggestions are made they are coming
from a common source of guidelines; perhaps the last bullet should be
deleted; it is implicit in the guidelines that the applicants and the
Commission have discretion; memorializing words like deviate is not a
good idea.
Asked if the second bullet from the tvp refers to all applicable
properties.
Reekstin Stated that it would apply to all properties.
Kozak Asked that the statement be clarified; and, stated his full support for
providing this information with the application.
Asked his fellow Commissioners if this criteria should be reworked
and brought back to the Commission for review.
Thompson Answered in the affirmative; and, suggested enumerating the various
suggestions that have been made this evening.
Puckett Stated his agreement with Commissioner Kasalek that the last bullet
should be retained.
Kasalek Questioned what is commonly done on other guidelines
Director Indicated that most guidelines do not come before the Planning
Commission but are more commonly approved at the staff level; if it
were a zoning standard, it would be considered a variance that would
come before the Commission for a finding process.
Kasalek Asked if something is generally written in the staff guidelines.
Director Stated as an example there are landscape and parking lot guidelines;
a project may require a landscape finger every five parking stalls; the
Minutes -Planning Commission July 28, 2009 -Page 5
reason that has been a guideline is that maybe it would not make
sense to provide that finger every five stalls; pefiaps it would be
better to have one every three or seven; the goal is to disperse the
landscape throughout the parking lot area; that is why criteria
guidelines are created; when there is no particular hard and fast rule,
such as the Old Town plaques; when there is such a variety of
situations, guidelines may be a better approach.
Murray Suggested that some staff rewording could accomplish the result the
Commissioners are requesting.
Director Answered in the affirmative, adding that staff can look at the various
guidelines to determine whether or not there might be applicable
language.
Murray Reiterated it is important to do the best we can regarding historical
sign~cance.
Thompson Indicated that he agreed with the thoughts above; perhaps the
compromise would be to delete the second sentence in the last bullet
which allows provision to request an aftemate name but not use the
word deviation that could imply none of the above.
Kozak Suggested that somewhere at the beginning a statement could be I
made in the form of a goal or objective of the Commission throughout
this program to preserve and reinforce the historical integrity of Old
Town properties; at the end of the guidelines, a statement can be
made that the Planning Commission in its application of these
guidelines shall exercise due discretion consistent with the goals and
objectives of the guidelines.
Puckett Stated that he was comfortable with Commissioner Kozak's
suggestion and also comfortable that staff has heard the discussion
and can provide the language to achieve the goals expressed above.
Asked if further action was required by the Commission.
Director Replied that staff will bring the item back to the Commission as a
Consent item.
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE JULY 21, 2009, CITY
COUNCIL MEETING.
Director Indicated she would be happy to answer any questions the
Commission may have.
Minutes -Planning Commission July 28, 2009 -Page 6
Kasalek Asked for further clarification of the Byrne Justice Assistance Grant
(JAG) program referred to on pages 2 and 3 of the Action Agenda that
refers to the Proactive Methamphetamine Task Force (PROACT).
Director Answered that refers to the local law enforcement block grant funds
that the Police Department requests on an annual basis; staff does
not have specks of the Task Force function.
COMMISSION CONCERNS
Thompson Reported that last week he completed his two years as the Chairman
for the Orange County Transportation Authority Citizens Advisory
Committee and was honored with a resolution of appreciation that
included a photo op with Mayor Pro Tem Amante and Mayor Caveche
of Orange; he will continue to serve on the committee.
Stated that he and his family celebrated agreat-nephew's birthday at
Pioneer Park; this is a small but very kid-friendly park; in context with
future tours, perhaps it would be advantageous to see a big park and
a little park; kudos to the Parks and Recreation Department far
maintaining Tustin's parks.
Murray Indicated he attended his first meeting as a trustee for the Vector
Control District Board on July 16th and also participated in a ride-along
with one of the inspectors; based on his first exposure, he believes the
County is in good shape regarding vector control; one positive report
was that the West Nile virus is at its lowest since 2003.
Noted that Tim Serlet, Director of Public Works, is retiring and wished
him the best.
Stated that Mayor Pro Tem Amante is now the President of the
Orange County League of Cities; pefiaps folks saw him on the front
page with other representatives of Orange County, making their
feelings known about some of the tax concerns resulting from the
state's actions.
Reminded everyone that the Tustin Area Senior Center is celebrating
its 20th anniversary August 10th, the Chamber will hold a members'
reception on August 27th, the Marconi Museum will have its 15th
anniversary on August 15th, and the Curtain Call Theater is under new
management and everyone should revisit that venue.
Kasalek Offered congratulations to Councilmember Nielsen's son who recently
attained Eagle Scout rank.
Minutes -Planning Commission July 28, 2009 -Page 7
Kasalek continued Stated she will not be able to attend the Senior Center celebration as
she will be attending her brother's wedding in the Cayman Islands at
that time.
Stated that we are very fortunate in Tustin for the dedication and
leadership of our elected and appointed officials who serve not only in
Tustin but also at county and state levels in capacities that prove they
care beyond the small focus of our City.
Kozak Apologized for missing the last Planning Commission meeting.
Offered congratulations to Councilmember Palmer: Supervisor
Campbell has re-appointed him to the County Housing & Community
Development Committee.
Added his congratulations to Commissioner Murray for his
appointment to the Vector Control Board.
Noted that the Broadway in the Park production of Anything Goes
takes place August 18-22 as presented by the Tustin Area Fine Arts
Council.
Thanked staff for this evening's tour which was very educational and
helps the Commission to gain a broader perspective of Tustin.
Stated he enjoyed the Rocket Scientists at the last Peppertree Park
concert.
Added his congratulations to Tim Serlet on his retirement as the
Director of Public Works; and, noted Chief Deputy City Clerk Maria
Huizar is leaving Tustin to become the City Clerk of Santa Ana.
Asked for staff to provide an update at a future meeting regarding the
former Valero station and the oil change shop on First Street.
Indicated that the Tustin Chamber of Commerce will hold the first
ribbon cutting August 18 at Prospect Village which will be hosted by
Marc Weisberg Photography Studio.
Noted there will be a Barr Homes ribbon cutting Tuesday, August 15,
at 17802 Irvine Boulevard.
Puckett Added his congratulations to Dane Nielsen; as an Eagle Scout
himself, Commission Puckett knows that only approximately two
percent reach that rank.
Minutes -Planning Commission July 28, 2009 -Page 8
Puckett continued Commented that the Community Services Department is doing a
tremendous job providing Movies in the Park; there is schedule
available in the newspaper of upcoming movies coming to a park near
you.
Noted that he has been attending the Concerts in the Park; it is
wonderful to see all the people picnicking and having a great time at
these concerts.
Stated he will be attending the Senior Center anniversary celebration;
this is quite a tribute to what a city can accomplish when a need is
ident~ed and steps are taken to address that need.
Complimented Altha Gardner who still volunteers at the Senior
Center; she has been there since it started, is 96 years old, and still
bowls.
Closed the meeting in honor Tim Serlet.
8:24 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for
Tuesday, August 11, 2009, 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 July 28, 2009 -Page 9
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 11, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION/ PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Murray and Thompson
Absent: Commissioner Kasalek
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Reina Kapadia, Associate Planner
E Elolse Hams, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
1. APPROVAL OF MINUTES -JULY 28, 2009, PLANNING
COMMISSION MEETING.
2. TUSTIN HISTORIC REGISTER PLAQUE PROGRAM
CRITERIA
At the June 9, 2009, Planning Commission meeting,
Commissioner Thompson requested that the Commission
consider establishing specific criteria for the historical
property names placed on the plaques. The Planning
Commission discussed a list of proposed criteria at their
meeting of July 28, 2009, and provided direction to staff
which is reflected in the attached resolution.
Minutes -Planning Commission August 11, 2009 -Page 1
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4124
establishing criteria for the historical property names placed
on plaques obtained through the City's Historic Register
Plaque Program.
3. ACTION MINUTES FOR PLANNING COMMISSION
MEETINGS
At the July 21, 2009, City Council meeting, the Council
directed the City Clerk to prepare Action Minutes of all City
Council meetings prospectively. As such the various City
Boards and Commissions will receive Minutes similar to
those of the City Council.
Motion: It was moved by
Commissioner Murray,
carried 4-0.
Commissioner Thompson, seconded by
to approve the Consent Calendar. Motion
PUBLIC HEARINGS
Adopted 4. CONDITIONAL USE PERMITS CUP 09-009 AND 09-020
Resolution Nos. 4122, REQUESTING AN AMENDMENT TO A JOINT-USE
as amended, and 4123 PARKING ANALYSIS TO ALLOW FOR SHARED PARKING
AMONG BUSINESSES WITHIN THE EL CAMINO PLAZA
SHOPPING CENTER (CUP 09-009); AND, TO
ACCOMMODATE THE ESTABLISHMENT OF A
RESTAURANT/BAKERY IN A 4,000 SQUARE FOOT
TENANT SPACE WITH ON-SITE BEER AND WINE SALES
AT THE RESTAURANT (CUP 09-020). THE PROJECT IS
LOCATED AT 600-604 EL CAMINO REAL IN THE CENTRAL
COMMERCIAL WITH COMBINING PARKING OVERLAY (C-2
P) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4122
approving Conditional Use Permit 09-009 and Resolution No.
4123 approving Condfional Use Permit 09-020.
Planning Commission discussion ensued.
Commissioner Thompson requested an amendment to Resolution No.
4122, Item I.G.3, to include language ensuring adequate on-site
parking.
Minutes -Planning Commission August 11, 2009 -Page 2
The Public Hearing opened at 7:29 p.m. There were no public
speakers. The hearing closed at 7:31 p.m.
Motion: It was moved by Commissioner Thompson, seconded by
Commissioner Kozak, to adopt Resolution No. 4122, as amended,
and Resolution No. 4123. Motion carried 4-0.
Continued to 5. CODE AMENDMENT 09-005: ORDINANCE 1366 -
August 25, 2009 STANDARDIZED APPEAL PROVISIONS/MINOR TEXT
CORRECTIONS OF THE TUSTIN CITY CODE TO
STANDARDIZE VARIOUS APPEAL PROVISIONS AND
IMPLEMENT MINOR TEXT CORRECTIONS.
The Tustin City Code has been amended many times over the
years. Because of the various code amendments, procedural
inconsistencies have been gradually introduced to the process
of appealing actions. The proposed code amendments will
standardize all related appeal filing deadlines, establish an
appeals board hierarchy that is consistent from application to
application, and amend other sections of the Zoning Cade that
are no longer applicable or relevant.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4121.
REGULAR BUSINESS
Approved and 6. TUSTIN HISTORIC REGISTER NOMINATION - 350 SOUTH
selected "Slusser MYRTLE AVE.
House"
RECOMMENDATION:
That the Planning Commission approve the nomination of 350
South Myrtle Avenue to the Tustin Historic Register Plaque
Designation Program and select the most appropriate historical
name an date of construction for the property.
Planning Commission discussion ensued.
Motion: It was moved by Commissioner Murray, seconded by Commissioner
Kozak, to approve the nomination and staff's recommendation
regarding the historical name. Motion carried 40.
Minutes -Planning Commission August 11, 2009 -Page 3
STAFF CONCERNS
7. REPORT OF ACTIONS TAKEN AT THE AUGUST 4, 2009,
CITY COUNCIL MEETING.
Director There was a presentation regarding adoption of the retail water
rates and the City's water infrastructure system; no decision was
made; the item was continued to the first Council meeting in
September.
The Council adopted an Interim Urgency Ordinance regarding
massage establishments and therapists related to the City's
Business License Ordinance; within 45 days staff will bring back
the Ordinance with permanent regulations for the City.
A wireless communications master plan was negotiated by and
between the Redevelopment Agency and ATS Communications.
COMMISSION CONCERNS
Thompson • Congratulated the Tustin Area Senior Center and the the staff
involved with that facility; he attended the 20"' anniversary
celebration which was wonderful;
Visited the waste facility in Irvine and was surprised by how well it
operates;
• Asked staff to bring the banner at the ATEP facility into
compliance.
Murray Thanked staff for following up on the Code Enforcement issues on
First Street;
• Noticed there is a residence at 235 Myrtle that needs
maintenance;
Thanked staff for the update on SB 731;
• Attended the last concert in the park at which Chair Puckett was
handing out checks on behalf of the Tustin Community
Foundation.
• Congratulated Mayor Davert for his appointment to the Chair of
the Orange County Fire Authority;
Attended the badge ceremony for the new Fire Chief;
• Enjoyed the Senior Center celebration; special kudos to Dave
Wilson, Director of Community Services, and Marilyn Esposito,
Recreation Supervisor;
Upcoming events: the Tustin Police Department's promotional
ceremony this Thursday afternoon; ribbon-cutting for the new
library, August 19; also on August 13: the retirement of Captain
Garcia and Lieutenant Stickles from Tustin PD, two personal
friends and very nice gentlemen; the Enderle Center classic car
show.
Minutes -Planning Commission August 11, 2009 -Page 4
Kozak • Added compliments to staff regarding plaque program criteria;
• Thanked staff for the First Street follow-up; there is a banner on
the former Econo Lube site that reads "Now Available."
Director The property is available; a demolition permit has been issued;
because it is a Code Enforcement action, the property owner has
been noted to move forward within 30 days.
Kozak The Tustin Western Little League won the Southern California
State Division 3 championship;
• Former Mayor Tracy Worley Hagen's son, Dane, helped the O.C.
Riptides volleyball team to a national championship; former Mayor
Worley Hagen won, with her teammate Susan Wright, the
Women's Doubles 50-over Grass Court National Championship in
Forest Hills, NY.
Puckett Noted that former Planning Commissioner and current City
Councilmember John Nielsen was in the audience;
• Stated he could not attend the Senior Center anniversary; he was
out of town;
• An indication of the economic downturn might be the fact that on
Rancho California in Temecula a huge Home-Finding Center now
displays a "For Lease" banner;
• Indicated it was a pleasure to present four checks to deserving
service clubs and the Tustin High School dance team;
• Shared that August 21st is the Pucketts' 44~' wedding anniversary;
wished his wife, Donna, "Happy Anniversary."
7:47 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, August 25, 2009, 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 11, 2009 -Page 5
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 25, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION/ PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Puckett
Chair Pro Tem Kozak
Commissioners Murray and Thompson
Absent: Commissioner Kasalek
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Khaya Breskin, Tustin Police Department
Ryan Swiontek, Associate Planner
Eloise Hams, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved, with the 1. APPROVAL OF MINUTES -AUGUST 11, 2009, PLANNING
correction requested by COMMISSION MEETING.
Chair Puckett
Puckett Asked that the date of the Puckett anniversary be corrected from
August 19 to August 21.
Motion: tt was moved by Commissioner Murray, seconded by Chair Puckett, to
approve the Consent Calendar, as corrected. Motion carried 4-0.
PUBLIC HEARINGS
Continued to second 2. CODE AMENDMENT 09-003, CONDITIONAL USE PERMIT
meeting in September 09-004, AND DESIGN REVIEW 09-004 REQUESTING
AUTHORIZATION TO CONSTRUCT A SELF-SERVICE
CARWASH IN CONJUNCTION WITH AN EXISTING
SERVICE STATION AND FOOD-MART (DR 09-004); TO
Minutes -Planning Commission August 25, 2t~9 -Page 1
REDUCE THE BUILDING SETBACK FROM EDINGER
AVENUE FROM 30 FEET TO 15 FEET IN THE JAMBOREE
PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS
(CA 09-003); AND, TO ALLOW AN UPGRADE OF AN
EXISTING ALCOHOLIC BEVERAGE CONTROL (ABC)
LICENSE FOR THE SALE OF GENERAL ALCOHOL FOR
OFF-SITE CONSUMPTION (CUP 09-004). THIS PROJECT
IS LOCATED AT 3017 EDINGER AVENUE IN THE PLANNED
COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4126
recommending that the City Council:
a. Adopt findings that the project is within the scope of the
previously approved Negative Declarations for Jamboree
Plaza;
b. Adopt Ordinance No. 1370 approving Code Amendment 09-
003 to reduce the building setback along Edinger Avenue
from thirty (30) feet to fifteen 915) feet within the Jamboree
Plaza Planned Community District Regulations;
c. Approve Design Review 09-004 to establish aself-service
carwash located at 3017 Edinger Avenue; and,
d. Approve Conditional Use Permit 09-004 by amending
Conditional Use Permit 98-013 to allow for the sale of
general alcoholic beverages for off-site consumption (ABC
Type 21 License).
Staff report presentation by Ryan Swiontek, Associate Planner.
Peter Buffa, 2824 Nevis Circle, Costa Mesa, the authorized
representative for the property owner and current operator, spoke on
behalf of the applicant.
The Public Hearing opened at 7:40 p.m.
Kal .Patel, 3091 Edinger Avenue, spoke in opposition to the project.
There were no additional speakers and the Hearing closed at 7:54
p.m.
Planning Commission discussion ensued.
Minutes -Planning Commission August 25, 2009 -Page 2
Motion: It was moved by Commissioner Murray, seconded by Commissioner
Thompson, to continue this item to the September 22, 2009, Planning
Commission meeting in order to allow staff to address a number of
issues, including parking, noise, sight distance on Edinger to ,the
driveway entrance, landscaping, etc.
Adopted Resolution 3. CONDITIONAL USE PERMIT 09-015 REQUESTING
No. 4130, denying AUTHORIZATION TO ESTABLISH AND OPERATE A
the request CONVENIENCE STORE. THIS PROJECT IS LOCATED AT
13842 NEWPORT AVENUE IN THE COMMERCIAL
GENERAL (CG) ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4130
denying Conditional Use Permit 09-015.
Staff report presentation by Ryan Swiontek, Associate Planner. The
Director pointed out minor corrections to the resolution.
Mr. and Mrs. Patel, applicants, asked why businesses such as
Blockbuster and Office Depot are allowed to sell food items but
convenience stores are not.
- The Public Hearing opened at 8:28 p.m. There were no additional
speakers. The Hearing closed at 8:29 p.m.
Planning Commission discussion ensued.
Commissioner Thompson requested that the Findings be amended to
include the dates of all the citations issued to the applicant.
Motion: It was moved by Commissioner Murray, seconded by Commissioner
Thompson, to adopt Resolution No. 4130, as amended. Motion
carried 4-0.
The Director noted this is an appealable item; any appeal must be
received before 5:30 p.m:, September 1, 2009.
Continued to second 4. CONTINUED CODE AMENDMENT 09-005: ORDINANCE
meeting in September 1366 - STANDARDIZED APPEAL PROVISIONS/MINOR
TEXT CORRECTIONS OF THE TUSTIN CITY CODE TO
StANDARDIZE VARIOUS APPEAL PROVISIONS AND
IMPLEMENT MINOR TEXT CORRECTIONS.
The Tustin City Code has been amended many times over the
years. Because of the various code amendments, procedural
inconsistencies have been gradually introduced to the process
of appealing actions. The proposed code amendments will
Minutes -Planning Commission August 25, 2009 -Page 3
standardize all related appeal filing deadlines, establish an
appeals board hierarchy that is consistent from application to
application, and amend other sections of the Zoning Code that
are no longer applicable or relevant.
RECOMMENDATION:
That the Planning Commission adopt Resolution Na. 4121.
Planning Commission discussion ensued.
Commissioner Thompson requested that the proposed changes be
more clearly delineated for the Commissioners' clarification and
understanding.
Motion: It was moved by Commissioner Thompson, seconded by
Commissioner Murray, to continue this item to the September 22,
2009, Planning Commission meeting.
None REGULAR BUSINESS
COMMISSION CONCERNS
Thompson • Attended the Marconi Museum Open House and 15-year
Anniversary celebration, the Chamber Business and Economic
Development Council meeting on August 13"', and the OCTA
Citizens Advisory Committee meeting August 18~'.
• Congratulated Parks and Recreation on the wonderful rehabilitation
of Pine Tree Park.
Murray Thanked staff for their hard work on this evening's reports.
• Attended the Tustin Police Department promotional ceremony and
the retirement party for Captain Joe Garcia and Lieutenant Joe
Stickles, celebrating their combined 60 years of public service; the
Marconi Museum function; the Library opening; the Pine Tree Park
re-opening; the Irvine Exchange Club meeting at which Mayor Pro
Tem Amante provided a presentation on keeping Orange County
moving.
• Congratulated his daughter, Lili, who recently was promoted to 6"'
grade.
Kozak Attended the Library opening, the Enderle Car Show, and the Pine
Tree Park re-opening.
Minutes -Planning Commission August 25, 2009 -Page 4
Kozak continued Noted that former Mayor Jeff Thomas was recently appointed to
District 6 of the Metropolitan Water District of Orange County.
• Asked staff for the pros/cons of the current Tustin City Code
regarding smoke shops.
Director Indicated that staff has been doing research and will bring that
information back to the Planning Commission.
Puckett • Attended the Broadway in the Park Anything Goes production, the
Library opening, the Marconi function, the Pine Tree Park re-
opening, and the ribbon-cutting today for Barr Homes and State
Farm Real Estate.
• Congratulated TACFA for the phenomenal quality of the production
of Anything Goes, which was very professional.
• Noted he recently dined at the Blue Water Grill, an excellent
restaurant in The District.
• Offered his congratulations to Lili Murray on her promotion.
Murray Adjourned the meeting in honor of Sergeant Duane Havourd, Tustin
Police Department, who was involved in a motorcycle accident last
Saturday; please keep him in your prayers.
9:15 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 8, 2009, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
St ak
Chairperson Pro Tem
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission August 25, 2009 -Page 5
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 8, 2009
7:01 p.m. CALL TO ORDER
Given INVOCATION/ PLEDGE OF ALLEGIANCE
ROLL CALL:
Present: Chair Pro Tem Kozak
Commissioners Kasalek, Murray, Thompson
Absent: Chair Puckett
Staff present Dana Ogdon, Assistant Community Development Director
David Kendig, Assistant City Attorney
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Steve Lewis, Tustin Police Department
Ryan Swiontek, Associate Planner
Eloise Hams, Recording Secretary
PUBLIC CONCERNS
Percy Browne, 14261 Prospect, stated that he has been talking with
the Community Development Department staff regarding the
installation of art~cial turf on his property as awater-saving measure
and has been told that City codes do not allow art~cial turf on private
property.
Chair Kozak indicated that, since the matter was non-agendized, the
matter would be referred back to staff for resolution.
The Assistant Director asked that Mr. Browne contact him.
Commissioner Thompson introduced Jenna Puente and Tara Freese,
Cal State Fullerton master's program candidates in Environmental
Studies, who were observing this evening's meeting.
CONSENT CALENDAR
APPROVAL OF MINUTES -AUGUST 25, 2009, PLANNING
COMMISSION MEETING.
Minutes -Planning Commission September 8, 2009 -Page 1
Commissioner Thompson requested that more detail be added to
clarify the .denial and also stating the primary reasons the
convenience store item was continued.
Motion: It was moved by Murray, seconded by Thompson, to approve the
Consent Calendar with the additions noted above. Motion carried 3-0.
Kasalek abstained.
PUBLIC HEARINGS
Continued to the 2. CONDITIONAL USE PERMIT 09-017 A REQUEST FOR
Planning Commission AUTHORIZATION TO ESTABLISH AND OPERATE AN
meeting of October 13, INDOOR/OUTDOOR BOUTIQUE ENTERTAINMENT VENUE
2009 WITH LIVE ENTERTAINMENT AND A TYPE 48 ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE ON-SITE SALE
OF GENERAL ALCOHOLIC BEVERAGES. THIS PROJECT
IS LOCATED AT 2429 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. 4127
approving Conditional use Permit 09-017.
Planning Commission discussion ensued.
Captain Steve Lewis answered questions regarding the Police
Department's position on this application.
The Public Hearing opened at 7:59 p.m.
Genghis Sanborn, applicant, answered questions and described his
business plan.
The Public Hearing closed at 8:45 p.m.
Further Planning Commission discussion ensued.
Motion: Commissioner Thompson moved that the item be continued to allow
staff time to address the Commission's concerns, including:
• Define the term "boutique entertainment" to include "nightclub" and
describe the primary and ancillary uses, daytime and nighttime;
• Condition 2.2, include language referring to "leaflets, flyers, posted
bills, electronic notifications, etc.;
• Condition 2.10, remove the word "licensed";
Minutes -Planning Commission September 8, 2009 -Page 2
• Condition 2.9, provide more than one sign regarding proof of age;
• Condition 3.12, add language adjusting hours of operation and
reducing the hours if problems arise;
• Add language to I.f "and according to the conditions herein";
• Applicant provide staff with operations manual;
• Condition 6.1, include language regarding noise attenuation,
insulation, screening, proper wall heights;
• Ticket sales for live entertainment and charitable events;
• Adequate security equivalent to The Block, Downtown, Disney,
The Spectrum, etc.
The Assistant City Attorney indicated that, since this was a noticed
public hearing, a speck meeting date should be determined.
Commissioner Thompson amended his motion to continue the item to
the October 13~' Planning Commission meeting. Commissioner
Murray seconded the motion. Mation carried 4-0.
None REGULAR BUSINESS
3. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 1,
2009, CITY COUNCIL MEETING.
The Assistant Director referred to Item No. 15 and reviewed the
resolution of the Cox Communications Encroachment License
Agreement issue and to Item No. 16 related to the recent report by the
Orange County Grand Jury titled "Paper Water -Does Orange
County Have a Reliable Future?".
COMMISSION CONCERNS
Thompson . Extended belated Labor Day good wishes.
• Indicated he met the new Executive Officer for OCTA.
• Requested that the Commission consider returning to the Fiscal
Year pattern of Planning Commission reorganization.
• Asked that the meeting be adjourned in memory of the victims of
9/11.
Murray • Thanked the community for the outpouring of blood donations on
behalf of Sergeant Havourd.
• Congratulated Jeff Thomas for his appointment to the Metropolitan
Water District.
• Indicated he missed the last Orange County Vector Control
~ meeting.
• Thanked his wife for putting up with his many commitments.
Minutes -Planning Commission September 8, 2009 -Page 3
Kasalek Attended several of the concerts and also Broadway in the Park;
thanked City staff for doing such good work.
• Complimented Detective Mark Sauerwein for his efforts in putting
together the Blood Dr'rye today; it seemed to be very successful
and was for a very good cause.
• Stated that the carwash on Nissan near Taco Bell has no
screening; there are rags thrown on the bushes; there are weeds;
pefiaps Code Enforcement could have that area cleaned up.
• Complimented Doug Anderson for the Public Works response to
the Tustin Ranch Road extension overgrowth.
Kozak • Thanked staff, including Captain Lewis, for working with the
Commission on the public hearing matter.
Stated it was his privilege to give blood earlier; he was told by a
nurse that it was busy all day and evening.
• Reminded everyone that school is back is session; be vigilant
regarding Tustin's children.
8:55 p.m. ADJOURNMENT
In Remembrance of the Victims of 9/11
The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 22, 2009, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
ve K k
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission September 8, 2009 -Page 4
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 22, 2009
7:00 p.m. CALL TO ORDER
Given INVOCATION/ PLEDGE OF ALLEGIANCE
Puckett Presented an "Honorary Planning Commissioner" badge to Luke
Thompson, son of Commissioner Jeff Thompson.
Chair: Kozak 1. PLANNING COMMISSION REORGANIZATION
Chair Pro Tem: Murray
At the September 8, 2009, meeting, the Planning
Commission requested staff identify possible revisions to
the current Planning Commission reorganization policy,
including an alternative to schedule Planning
Commission reorganization with the fiscal year. Four
options are presented in the staff report.
Staff recommends that the Planning Commission provide
direction as to which Planning Commission
reorganization option should be followed. In the event
that the Planning Commission chooses to reorganize at
this time, the Commission should undertake the following
actions:
a. A Commissioner should open nominations for
Chairperson.
b. The Commissioner should then close nominations
and call for a vote for Chairperson.
The new Chairperson will open nominations for
Chairperson Pro Tem. Nominations should be closed,
and the Chairperson should call for a vote for the
Chairperson Pro Tem.
RECOMMENDATION:
Pleasure of the Commission.
Motion: It was moved by Kasalek, seconded by Thompson, to reorganize
this evening and again in March 2010. Motion carried 5-0.
Motion: It was moved b Murra seco
Y Y, nded by Kasalek, to select
Commissioner Kozak as Chairperson. Motion carried 5-0.
Minutes -Planning Commission September 22, 2009 -Page 1
Motion: It was moved by Thompson, seconded by Puckett, to select
Commissioner Murray as Chairperson Pro Tem. Motion carried
5-0.
ROLL CALL
Present: Chair Kozak, Chair Pro Tem Murray
Commissioners Kasalek, Puckett, and
Thompson
Staff present Elizabeth Binsack, Community Development Director
Dana Ogdon, Assistant Community Development Director
David Kendig, Assistant City Attorney
Terry Lutz, Principal Engineer
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Ryan Swiontek, Associate Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved alternate 2. APPROVAL OF MINUTES - SEPTEMBER 8, 2009,
version, including PLANNING COMMISSION MEETING.
language requested by
Commissioner
Thompson
Motion: It was moved by Thompson, seconded by Murray, to approve the
version of the September 8, 2009, Planning Commission minutes
that included a detailed list of the Planning Commission's reasons
for continuing the item. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution No. 3. CONTINUED CODE AMENDMENT 09-003 AND DESIGN
4126, as amended REVIEW 09-004 REQUESTING AUTHORIZATION TO
CONSTRUCT A SELF-SERVICE CARWASH IN
CONJUNCTION WITH AN EXISTING SERVICE STATION
AND FOOD-MART (DR 09-004); AND TO REDUCE THE
BUILDING SETBACK FROM EDINGER AVENUE FROM
30 FEET TO 15 FEET IN THE JAMBOREE PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS (CA
09-003). THIS PROJECT IS LOCATED AT 3017
EDINGER AVENUE IN THE PLANNED COMMUNITY
INDUSTRIAL (PC-IND} ZONING DISTRICT.
Minutes -Planning Commission September 22, 2009 -Page 2
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4126
recommending that the City Council:
a. Adopt findings that the project is within the scope of the
previously approved Negative Declarations for Jamboree
Plaza;
b. Adopt Ordinance No. 1370 approving Code Amendment
09-003 to reduce the building setback along Edinger
Avenue from thirty (30) feet to fifteen 915) feet within the
Jamboree Plaza Planned Community District
Regulations;
c. Approve Design Review 09-004 to establish aself-
service carwash located at 3017 Edinger Avenue; and,
Planning Commission discussion ensued.
The Public Hearing opened at 7:40 p.m
Peter Buffa, applicant's representative, referred to the documents
he submitted for the Planning Commission's consideration,
including:
• The submitted informal parking study shows no problem at this
site; there are 12 spaces under the canopy where customers
can leave their vehicles while going in the mini-mart; the
calculation of 22 spaces by Mr. Patel is inaccurate; as
calculated by staff, it is 15 spaces;
• Aself-service carwash such as Mr. Patel's is different from an
express drive-through carwash;
• The canopy is not counted as part of the structure when
calculating square footage; the applicant is at least 2,000 feet
under the allowable square footage;
• The aerial photo provided in the staff report clearly shows the
setbacks are jagged throughout the area;
• This will be a marked visual improvement to the existing
structure;
• A landscape plan will be submitted according to the conditions;
• The carwash will not be operated 24 hours a day;
Minutes -Planning Commission September 22, 2009 -Page 3
There are 26 or 28 business in the Center, 24 signed the letter
of support submitted on behalf of the applicant.
~~
The following spoke in opposition to the project:
William Caplin, 3 Heartwood Way, Tustin 92780
Kal Patel, 3017 Edinger, Tustin 92780
John Carmichael, Patel's attorney, 9 Calico, Irvine 92614.
The Public Hearing closed at 8:42 p.m.
Further Planning Commission discussion ensued.
Commission Thompson requested modifications to Resolution No.
4126 as follows:
Item I should include recognition that prior CUPs allowed the
18-foot setback; letter of support and date; the parking
survey provided by the applicant; prior existence of a drive
through.
• Conditon 2.3, item 2, language should be added indicating
that the landscaping be layered to hide the building, 48 box
trees replace the trees lost, and that the mature tree should
be saved if at all possible.
Condition 2.11 should include language clarifying that all the
approvals by the Association for parking and plan approvals
be prior to the issuance of any permits.
Motion: It was moved by Thompson to adopt Resolution No. 4126, with the
suggested mod cations, seconded by Murray. Motion carved 5-0.
Adopted Resolution No. 4. CONTINUED CODE AMENDMENT 09-005: ORDINANCE
4121, as amended 1366 -STANDARDIZED APPEAL PROVISIONS/MINOR
TEXT CORRECTIONS OF THE TUSTIN CITY CODE TO
STANDARDIZE VARIOUS APPEAL PROVISIONS AND
IMPLEMENT MINOR TEXT CORRECTIONS.
The Tustin City Code has been amended many times over
the years. Because of the various code amendments,
procedural inconsistencies have been gradually introduced
to the process of appealing actions. The proposed code
amendments will standardize all related appeal filing
deadlines, establish an appeals board hierarchy that is
consistent from application to application, and amend other
sections of the Zoning Code that are no longer applicable or
relevant.
Minutes -Planning Commission September 22, 2009 -Page 4
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4121.
Planning Commission discussion ensued.
The Public Hearing opened at 9:20 p.m. There were no speakers.
The Public Hearing closed.
Motion: Thompson moved that Resolution No. 4121 be approved, with the
modfication he suggested regarding Exhibit B, seconded by
Puckett. Motion carried 5.0.
None REGULAR BUSINESS
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 15,
2009, CITY COUNCIL MEETING.
Director referred to Interim Urgency Ordinance No. 1371 regarding
massage establishments and therapists; a permanent ordinance
~ will be brought back to the Planning Commission and City Council.
I COMMISSION CONCERNS
Thompson Asked if staff could provide follow-up regarding the ATEP sign
issue on Red Hill.
• Reiterated his request for an overview of recent Zoning
Administrator actions.
• Congratulated new Chair Kozak and Chair Pro Tem Murray and
thanked former Chair Puckett for his leadership and patience.
• Viewed, along with many of his colleagues, the "Titans of
History video presentation yesterday, which was extremely
interesting and informative.
• Thanked Commissioners Kasalek and Murray for providing the
Honorary Badge to Luke.
Puckett • Added his congratulations to Chair Kozak and Chair Pro Tem
Murray.
• Stated it was his pleasure to serve as Chair of this fine group of
Commissioners.
• Played in the Tustin Chamber of Commerce Golf Tournament,
along with Commissioner Thompson.
• Attended the "Titans of History" presentation; Peter Buffa was
instrumental in that production.
• Noted it was good to see Colonel Hammerle as part of the
presentation.
Minutes -Planning Commission September 22, 2009 -Page 5
Puckett continued • Reminded everyone that Tiller Days takes place October 2, 3, 4.
• Stated he missed the last meeting because he was traveling in
Minnesota, North Dakota, and Wisconsin during which his quest
to visit all 50 states was satisfied.
• Indicated that the Mayor's Breakfast has been announced for
November 19 and will be held at the Salvation Army facility on
Tustin Ranch Road; Gaddy Vasquez will be the speaker;
George Vallevieni will be displaying the newly refurbished Santa
Sleigh; the Tustin Community Foundation contributed funds to
this effort.
Kasalek Indicated she also attended the "Titans of History" event; it was
outstanding; she considers the hangars to be a great source of
pride in this community.
• Stated that the Fire Station on Jamboree will hold an Open
House on October 4; this is always a wonderful event.
Thanked outgoing Chair Puckett and congratulated the new
Chair and Chair Pro Tem.
Murray Complimented former Chair Puckett for his leadership and hard
work.
• Thanked his colleagues for appointing him Chair Pro Tem.
Congratulated "Honorary Planning Commissioner" Luke
Thompson and noted this honor was Commissioner Kasalek's
idea.
Thanked staff far their hard work.
Thanked the members of Fire Station 21 and the Tustin Police
Department for coming to the aid of his wife while he was away.
Kozak • Thanked his colleagues for selecting him as Chair.
• Congratulated Chair Pro Tem Murray
• Thanked Commissioner Puckett for his hard work as Chair.
• Added his comments regarding the "Titans of History"
presentation.
Adjourned the meeting
In memory of Mark Jeffries
Son of City Treasurer George Jeffries and his wife Elouise
Husband of GleeAnne
Father of sons Mark, Jr. and Nathan
Brother of sisters Ellen, Karen, and Ann
Minutes -Planning Commission September 22, 2009 -Page 6
9:37 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled
for Tuesday, October 13, 2009, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Steve k
Chairperson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission September 22, 2009 -Page 7
i
~'~ t ~: fix', '~ . t~.~i
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