HomeMy WebLinkAbout01 PC Minutes 10-26-10ITEM #1
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
OCTOBER 26, 2010
7:00 p.m. CALL TO ORDER
INVOCATION/PLEDGE OF ALLEGIANCE:
Chair Pro Tem Thompson
ROLL CALL:
Present: Chair Pro Tem Thompson
Commissioners Kasalek, Kozak, and Puckett
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES - OCTOBER 12, 2010,
PLANNING COMMISSION MEETING.
Received and filed 2. APPEAL HEARING PROCEDURES REGARDING NOTICE
AND ORDER
It was moved by Puckett, seconded by Kasalek, to approve the
Consent Calendar. Motion carried 4-0.
PUBLIC HEARINGS
Continued to the 3. APPEAL OF NOTICE AND ORDER AT 520 PACIFIC
next Planning STREET
Commission
meeting, Pursuant to Tustin City Code Section 5503, on September
November 9, 2010 16, 2010, the City of Tustin sent notice for recordation of a
Notice and Order for the property at 520 Pacific Street. The
Notice and Order provided written notice of the existence of
a public nuisance on the property and required the
correction of code violations related to structures
constructed in violation of the Tustin City Code including the
City of Tustin Building Code and Zoning Code (see
Attachment A).
The current property owner of 520 Pacific Street (APN
401-371-07), Bret Fairbanks, has filed an appeal of the
Notice and Order (see Attachment B).
Minutes -Planning Commission October 26, 2010 -Page 1
In accordance with Tustin City Code Sections 8101 and
9294, the Planning Commission will consider the appeal of
the Notice and Order for public nuisance as determined by
the Enforcement Officer for the property at 520 Pacific
Street. The Planning Commission will act in its capacity as:
a. The Board of Appeals in considering Building Code
violations; and,
b. The appeal hearing body for consideration of the
Zoning Code violations that were applied in the
Notice and Order.
RECOMMENDATION:
That the Planning Commission (acting in its capacity as the
Board of Appeals per TCC Section 8101 and acting as the
appeal hearing body Per TCC Section 9242) adopt
Resolution Nos. 4161 and 4162 affirming the Notice and
Order for the property at 520 Pacific Street which provides
written notice of the existence of a public nuisance and
requires the correction of code violations related to
structures constructed in violation of the Tustin City Code.
That the Planning Commission and the Board of Appeals
order the property owner(s) to comply with the
requirements of the Notice and Order identified in
Attachment A of the related staff report dated October 26,
2010, with the exception of the date of compliance which is
hereby established as November 30, 2010.
Chair Pro Tem Thompson recused himself and left the dais.
Commissioner Puckett moved that Commissioner Kozak serve as
Interim Chairperson. Commissioner Kasalek seconded the motion.
Thomas Presented the staff report, noting the revisions to the resolutions
that were provided for the Commissioners at the dais.
Interim Chair Kozak called the Hearing before the appeal body to
order and asked for roll call.
All present, except for Chair Pro Tem Thompson.
The Public Hearing opened at 7:03 p.m.
Interim Chair Kozak invited the appellant to the lectern.
Minutes -Planning Commission October 26, 2010 -Page 2
Bret Fairbanks read from a statement which he provided to the
Planning Commissioners at the meeting.
The following spoke in support of the appellant:
Nathan Menard
Linda Jennings
Maureen Li
Markus Brown
Brent North
Jim Gominsky
Mark Fairbanks
William Finken
Lindburgh McPherson
Doug Dubach.
Stephanie and Janice Fairbanks submitted speaker forms but did
not come to the lectern.
The Public Hearing closed at 8:15 p.m.
The Interim Chair requested a short break.
The meeting resumed at 8:35 p.m.
The Interim Chair asked for staff comments which the Director
provided.
The Interim Chair asked for testimony from the Principal Engineer,
Dennis McCreary, and the Orange County Fire Authority
representative, Bryan Healey. Dennis McCreary and Brian Healy
explained the nature and number of Building and Fire Code
violations that exist on the site.
The Public Hearing reopened briefly at 8:54 p.m. to allow Bret
Fairbanks' rebuttal to staff comments.
The Interim Chair proposed a motion to repeal the Notice and
Order. Planning Commission discussion ensued. The motion died
for lack of a second.
General discussion continued among the Planning Commission,
staff, and audience members.
Commission Puckett moved that the item be continued to the next
meeting of the Planning Commission, November 9, 2010, to allow
Minutes -Planning Commission October 26, 2010 -Page 3
time for staff to work with the appellant and to reach an alternate
recommendation.
Commissioner Kasalek seconded the motion. Motion carried 3-0.
Chair Pro Tem Thompson returned to the dais.
None REGULAR BUSINESS
STAFF CONCERNS
4. REPORT OF ACTIONS TAKEN AT THE OCTOBER 19,
2010, CITY COUNCIL MEETING.
The Director noted the presentations by SCE and Kinder
Morgan regarding pipeline awareness in Orange County
were very informative. If the Commissioners are interested
in viewing these items, the PowerPoint shows are available
on the City's website.
COMMISSION CONCERNS
Kasalek . Stated she attended the Planning Officials Forum on October
14 which was enjoyable and different from other forums she
has attended, in terms of the subject matter, and was very
interesting;
• Noted she enjoyed the Art Walk held last Saturday and noticed
the Old Town merchants seemed very pleased with the foot
traffic into their businesses;
• Reminded everyone that the Halloween Howl takes place this
Friday and the Dino Dash on November 7; this year will include
a bike tour in concurrence with the Dash;
• Wished everyone Happy Halloween;
• Reminded everyone to vote on November 2.
Kozak Indicated that he appreciated being able to attend the Planners
Forum and the California Preservation Foundation workshop in
Santa Monica.
Puckett Noted that it was nice to see Tustin's Community Development
Director do a fine job moderating at the Planners Forum; the
water bottle with the Nixon seal was a nice souvenir;
• Reminded everyone that the Tustin High School Homecoming
game is this Friday and the Homecoming Parade is back this
year-on Saturday morning-and he was pleased to have
been chosen the Grand Marshal of that parade;
Minutes -Planning Commission October 26, 2010 -Page 4
Puckett continued Encouraged everyone to vote and noted and he is one of the
authors of Measure X.
Thompson Stated on October 14 he attended the Planners Forum and
appreciated the varied subject matter; on October 18, the
Laurel Glen Park playground reopening; on October 19, at the
City Council meeting he and former Planning Commissioner AI
Murray presented their updates on the Orange County
Transportation Citizens Advisory Committee meeting and the
Vector Control meeting, respectively; on October 20, the Santa
Monica workshop regarding the use of the California Historical
Building Code with fellow Commissioner Kozak;
• Enjoyed providing two tours of Old Town during the Art Walk,
which he shared with the people in Santa Monica when asked
what Tustin has been doing to re-invigorate Old Town;
• Asked staff to provide an overview of the City's adoption of the
Uniform Building Code and how that Code works with the
Secretary of Interior Standards.
9:30 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, November 9, 2010, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Minutes -Planning Commission October 26, 2010 -Page 5