Loading...
HomeMy WebLinkAboutPC Minutes 08-14-00 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 14, 2000 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Bell ROLL CALL: Chairperson Kozak, Commissioners Bell and Pontious Present: Chairman Kozak, Commissioners Bell and Pontious Staff: Christine Shingleton, Assistant City Manager Elizabeth Binsack, Director of Community Development Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Minoo Ashabi, Associate Planner Eloise Harris, Recording Secretary The Director addressed the Chair indicating for the record that future Commissioner Linda Jennings was seated at the dais waiting to be sworn in. Chairman Kozak asked for the appropriate time for swearing in. The Director responded it should be done in the order on the agenda. PUBLIC CONCERNS: Tony Kawashima spoke from the podium regarding his resignation from the Planning Commission due to his intention to run for City Council. CONSENT CALENDAR: COMMISSIONER REORGANIZATION: 1. Seating of Commissioner Jennings. Linda Jennings was swom in by the Director. The Director explained for the record that, after Robert Wintheiser was appointed to the Planning Commission by the City Council, it was discovered he lives outside the City of Tustin jurisdiction limits. The City Council will be re-recruiting for the fifth Planning Commissioner. 3. Planning Commissioner Reorganization. Commissioner Pontious moved, Commissioner Bell seconded, to nominate Stephen Kozak as Chairperson. Motion carried 4-0. Chairman Kozak opened nominations for Chairperson Pro-tem and moved, seconded by Commissioner Pontious, to nominate Cheryl Bell. Motion carried 4-0. 4. Minutes of July 10, 2000, Planning Commission Meeting. Commissioner Pontious moved, Commissioner Bell seconded, to approve the Consent Calendar. Motion carried 3-0. Commissioner Jennings abstained. PUBLIC HEARINGS: Amendment to Conditional Use Permit 98-013 and Design Review 98-006 a request to amend Condition 1.3 of Planning Commission Resolution No. 3606 and Planning Commission Agenda August 14, 2000 Page 2 Condition 1.3 of Design Review Approval 98-006 to extend the expiration of both approvals through August 30, 2001. APPLICANT: ROGER DE YOUNG CONSTRUCTION COMPANY ATTN: ROGER A. DE YOUNG PROPERTY OWNER: ROGER DE YOUNG CONSTRUCTION COMPANY ATTN: ROGER A. DE YOUNG LOCATION: 3017 EDINGER AVENUE Recommendation: That the Planning Commission adopt Resolution No. Resolution No. 3744 approving an amendment to Conditional Use Permit (CUP) 98-013 and Design Review (DR) 98-006 extending the expiration of the project approval to August 31,2001. The Public Hearing opened at 7:07 p.m. Minoo Ashabi, Associate Planner, presented the report. Doug De Young, one of the owners of the property located at 3071 Edinger Avenue, stated that the additional time will allow them to secure financing and go forward with the project and requested the Commission's support of the time extension. Mr. De Young also referred to the impact of the rail station on the proposed project. Chairman Kozak asked if the applicant is aware maintenance of the lot in a free and clear condition. Mr. De Young replied affirmatively. of the conditions regarding the The Public Hearing closed at 7:11 p.m. Commissioner Pontious expressed interest in seeing this project move forward and asked about progress regarding the rail station. The Director indicated that the bids have been received and are under review. Commissioner Pontious asked when construction is expected to begin. Assistant City Manager Shingleton stated that construction will begin as soon as the contract is awarded. When insurance forms and bonds are secured, construction can begin. This could be within thirty to forty-five days. Chairman Kozak indicated his support of staffs recommendation. Commissioner Pontious moved, Commissioner Bell seconded, to adopt Resolution No. 3744 and Design Review 98-006. Motion carried 4-0. REGULAR BUSINESS: 6. Santa Aha Unified School District 75-acre acquisition within the former Tustin Marine Corps Air Station. LOCATION: 75-ACRE SITE ADJACENT TO AND SOUTH OF WARNER AVENUE, BETWEEN AND ADJACENT TO ARMSTRONG AND RED HILL AVENUES Planning Commission Agenda August 14, 2000 Page 3 Recommendation: That the Planning Commission, by minute order, direct staff to forward a letter of response to the Santa Ana Unified School District (SAUSD). The Director presented the report and indicated that, even though this is not a Public Hearing, the Commission may receive public input. The Director also noted that the Assistant City Manager, the Project Manager for the redevelopment of MCAS Tustin, and Doug Holland, Assistant City Attorney, were available to answer questions. Chairman Kozak asked the Assistant City Manager if there was supplemental information she would like to add to the staff report. The Assistant City Manager indicated she was present to answer questions and had nothing to add to the Director's thorough report. Assistant City Attorney Doug Holland noted that Commissioner Jennings' husband has contracts with the Santa Ana Unified School District. To avoid a conflict of interest, Commissioner Jennings chose not to participate in the proceedings. Chairman Kozak noted that Commissioner Jennings had left the dais and asked if there were members of the public who wished to address the Commission on this topic. Tony Kawashima indicated that the Santa Ana Unified School District has politicized this issue and noted the negative economic consequences of the action. Drew Hamilton indicated that the Santa Ana Unified School District originally requested 50 acres, not 75; the site is not in a residential area; Tustin would have to provide over $200 million in funding over the first seven years; and the request by SAUSD should be denied. Chairman Kozak asked for clarification regarding the following statement in the SAUSD letter: "As you may know, the Property was approved in 1994 for a public benefit conveyance to the District by the Federal Department of Education ...". The Assistant City Manager responded that property that is subject to a closure process is subject to screening with sponsoring agencies of certain public benefit conveyances. Because in this case it was education, the Department of Education was the sponsoring agency for requests for property. In 1988 there was a base closure act that originally established the process for screening property. Those agencies requesting property responded to requests that went out from the Military Department directly to the sponsoring agencies. The Military Department may have approved a request at that time. However, in 1994, Congress passed the Base Closure Community Redevelopment Homeless Assistance Act, revising the entire screening process. The Act permitted bases that were subject to closure decisions prior to 1994 to come under the purview of the new legislation if a request was made to the Department of Defense and approved. The City of Tustin, in November 1994, made a request to the Department of Defense. This request to rescreen the property was approved by the Department of Defense. All previous screening decisions made by sponsoring agencies, if property had not been conveyed, became null and void. The City has been provided with a legal opinion to that effect from the City's legal counsel in Washington. The Navy now must defer to the Reuse Plan as a community-based process before they can convey property, and they can only screen the property for applications that were submitted through the reuse process and the task force process. The Santa Ana Unified School District's request went through that process. It was rejected, and the Reuse Plan does not reflect a high school site. Therefore, the Navy cannot convey property to an agency for which there is no consistency with the Reuse Plan. Chairman Kozak asked the Assistant City Manager to expound on the reuse process. Planning Commission Agenda August 14, 2000 Page 4 The Assistant City Manager explained that it was a three-step process in reviewing all requests. The City began by initiating a large outreach to state and local agencies and homeless providers. Application and submittal criteria were established, were published, a workshop was held, and applicants made their submittals. There were applications for wide-ranging uses submitted to a subcommittee of the Base Closure Task Force. They ranked the proposals and forwarded these proposals to the Base Closure Task Force, a 19-member, broad-based community task force created by the Tustin City Council to review reuse proposals for the facility. After three public hearings, this task force made a decision and recommended to the City Council denial of the Santa Ana Unified School District's request. In October 1996 the Tustin City Council adopted the Reuse Plan with the task force recommended public benefit conveyance uses shown. Chairman Kozak affirmed that the factual basis for denial of this request on the four items listed in the staff report individually and collectively provide support for denial. Chairman Kozak moved, Commissioner Bell seconded, to approve staff's recommendation to forward a letter of response to the Santa Ana Unified School District (SAUSD), with modifications regarding clarification of the changes in the process of conveyance as described above. Motion carried 3-0. Commissioner Jennings abstained. Chairman Kozak asked that the letter be signed on his behalf and forwarded to the Santa Ana Unified School District. Commissioner Jennings returned to the dais. STAFF CONCERNS: 7. Report on Actions taken at the August 7, 2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development - Additional parking will be provided at Cedar Grove Park. - Adopted 2000-01 budget. - Appointed two Planning Commissioners. The Director welcomed Linda Jennings to the Planning Commission. The Director reported there was a fire last week in Larwin Square that involved Sally's Beauty Supply, the Dry Cleaners, and Drapers. The location has been secured and building corrections will begin soon. Commissioner Bell requested a copy of the Cedar Grove information; the Director indicated it would be provided. COMMISSION CONCERNS: Commissioner Jennings Expressed her pleasure in the privilege of being appointed to the Planning Commission as well as her intention to do her best to serve the interests of the City of Tustin. Commissioner Bell Thanked former Commissioners Doug Davert and Tony Kawashima for their service on the Planning Commission. - Welcomed Linda Jennings to the Commission. Planning Commission Agenda August 14, 2000 Page 5 Commissioner Pontious Also thanked former Commissioners Davert and Kawashima and welcomed Commissioner Jennings. Noted this is an historic moment in the City's history as it marks the first time three women have served together on the Planning Commission. Asked for updated phone cards for the Planning Commissioners. Reported that graffiti has appeared again on Mitchell Avenue. The Director indicated that new procedures are being established in areas known to be graffiti targets. These areas will automatically be checked whether or not the City receives a report. The Director has arranged to meet with the graffiti contractor to discuss these areas. Chairman Kozak Noted that City Councilman Mike Doyle was in the audience and asked if he would like to speak. Councilman Doyle stated his appreciation as a Councilmember and citizen of the City for the staffs taking a stand regarding the Santa Ana Unified School District letter. Offered thanks to the staff for the Santa Aha Unified School District report. Included his thanks to former Commissioners Davert and Kawashima. Welcomed Linda Jennings to the Commission. Mentioned the upcoming American Planning Association Conference in Long Beach and the importance of the Commissioners attending. The Director added that the Planning Officials Forum is scheduled for October 12, 2000, in Costa Mesa. - Stated there is debris at the Red Hill westbound exit and asked that Caltrans be contacted to clean the site. The Director indicated that this area is part of the widening project, but staff will see what can be done. ADJOURNMENT: Commissioner Bell moved, Commissioner Pontious seconded, to adjourn at 7:50 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on August 28, 2000, beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Elizabeth A. Binsack Planning Commission Secretary /~-t~p~ V. Kozak Chairman