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HomeMy WebLinkAbout03 PC Minutes 11-9-10ITEM #3 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 9, 2010 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Kozak ROLL CALL: Present: Chair Pro Tem Thompson Commissioners Kasalek, Kozak, and Puckett Staff present Elizabeth A. Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director Doug Holland, City Attorney Dennis McCreary, Principal Engineer Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved, as amended APPROVAL OF MINUTES -OCTOBER 26, 2010, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Kasalek, to approve the Consent Calendar, as amended, to include the following modification: "Chair Pro Tem Thompson recused himself due to the fact that he and his family live just under 500 feet from the subject property; he left the dais." Motion carried 4-0. PUBLIC HEARINGS Staff directed to bring back findings and to prepare new resolutions 2. CONTINUED APPEAL AT 520 PACIFIC Fairbanks) OF NOTICE AND ORDER STREET (Appellant: Bret Minutes -Planning Commission November 9, 2010 -Page 1 recognizing the On October 26, 2010, the Planning non-conforming Commission/Board of Appeals considered the status but also appeal of the Notice and Order at 520 Pacific Street. addressing the health At the conclusion of the meeting, the and safety issues Commission/Board continued the item and directed staff to meet with the appellant to discuss possible alternatives. Following the meeting, staff met with the appellant to identify how the structures could be constructed and occupied in a safe and conforming manner. These correction measures were not acceptable to the appellant. RECOMMENDATION: City staff is recommending 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) affirm the Notice and Order for the property at 520 Pacific Street. City Attorney Noted that the Chair Pro Tem should not participate in the Board of Appeals since he lives within 500 feet of the subject property; he should properly recuse himself and leave the dais. The Chair Pro Tem left the dais. Commissioner Puckett nominated Commissioner Kozak as the Interim Chairperson for this item. Commissioner Kasalek seconded the motion. Interim Chair Kozak explained the process. Thomas Presented the staff report. Director Noted that two documents were received prior to the meeting: an a-mail correspondence from Wendy French supporting the Appellant, and a letter from Mr. Fairbanks; these documents were provided for the Commissioners at the dais. City Attorney Stated that the public hearing was closed at the prior meeting and the discussion should be limited to testimony related to the non-conforming use concept; in 1961 the first non-conforming codes were adopted; whatever existed at that time could remain if the property owner could show that the use was consistent with the Code; the use could not be Minutes -Planning Commission November 9, 2010 -Page 2 changed; and, it is the owner's burden to provide proof of the use existing on the property in 1961. Added that the Board of Appeals focus should be to determine what the use was in 1961, what changes have occurred, and then to make findings to support a decision. 7:47 p.m. The Public Hearing opened. Interim Chair Kozak invited the Appellant to the lectern and requested that he focus on the issues as described by the City Attorney. The Appellant, Bret Fairbanks, read from his prepared statement, reiterating much of his previous testimony. Interim Chair Kozak stated the evidence of life safety issues is compelling and must be addressed. The Appellant referred again to his prepared statement, quoting from the California Historical Building Code, and restating that he made no changes to the property, except that he removed the fire wall in the garage; he didn't realize at the time what it was or he would not have done so. The following spoke in support of the Appellant: Nathan Menard Brent North William Finken. Discussion ensued. 8:56 p.m. The Public Hearing closed. Interim Chair Kozak indicated that he did not feel the Board was prepared at this time to state findings and asked the City Attorney for his input. The City Attorney suggested that staff prepare findings that support the non-conforming use. and also perform an inspection to ensure housing code compliance and minimum health and safety codes. Commissioner Puckett affirmed that approving the non- conforming status based on evidence supporting that finding and granting the appeal would not relieve the existing safety issues. Minutes -Planning Commission November 9, 2010 -Page 3 Commissioner Puckett moved that a resolution be prepared that includes the above suggestions from the City Attorney. Commissioner Puckett also suggested that a task force be formed to investigate these issues in Old Town so as to avoid going through this process in the future. Interim Chair Kozak seconded the motion; and, requested a resolution also address health, safety, and housing code compliance issues. Motion carried 3-0. The Appellant asked what he should do before the next meeting. The Director stated staff would do further research; the building health and safety issues still must be addressed, but no further research by the Appellant is required. Chair Pro Tem Thompson returned to the dais. None REGULAR BUSINESS STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 2, 2010, CITY COUNCIL MEETING. The Director indicated she had nothing specific to report but would be happy to answer any questions the Commissioners may have. COMMISSION CONCERNS Kasalek • Congratulated newly appointed Planning Commissioner Fred Moore new City Council members AI Murray and Beckie Gomez; Community Services Commissioner Amy Nakamoto; and stated she knows all of them and believes they will do an outstanding job; • Attended the Dino Dash, which was a huge success, and today's Grand Re-opening of the Magnolia Tree Park playground equipment; • Stated she is looking forward to the Mayor's Breakfast on November 18; • Asked staff what can be done about the traffic congestion around Costco at The Legacy. Director Indicated staff would ask Public Works to respond to that question. Minutes -Planning Commission November 9, 2010 -Page 4 Kozak Thanked staff for their hard work; • Added his congratulations to new appointed and elected officials as stated above; • Indicated he enjoyed the 20th anniversary Dino Dash, a Tustin Public Schools Foundation event; • Noted the Tustin Community Foundation Mayor's Prayer Breakfast takes place November 18, and tickets are still available; • Thanked America's veterans past and present for their service and sacrifice; • Encouraged everyone to participate Saturday, November 13, in America Recycles Day in Old Town, a CR&R compost giveaway at the Main Street water facility; • Noted that the Tustin High School football team is ranked in the Top 5 in the County; • Asked staff to prepare aprocess/analysis related to the ongoing issues in Old Town. Director Indicated that staff will identify the issues and bring back suggestions to the Planning Commission. Puckett Congratulated the Tustin Schools Foundation on another successful Dino Dash and shared his memory of standing on a ladder to drop the flag to begin the first Dash in 1991; • Wished all the best to old friends Ron and Joan Hoesterey, who have sold their Anaheim Hills property and are moving to Texas; Ron is a former Mayor of Tustin; the Pucketts hosted agoing-away party that was well attended by former Council and community members; • Thanked staff for their work on tonight's item; • Welcomed Fred Moore to the Planning Commission; • Congratulated the new Council and Committee members; • Stated that, due to the rain, he did not get to be the Grand Marshal of the Tustin High School Homecoming Parade, but did receive a nice welcome as he was driven into the stadium in a Humvee; he placed the sash and crown on the Queen and could be seen in the background of Channel 2 News shots of the Homecoming festivities; • Shared that he enjoyed the Magnolia Tree Park event and thanked the City and Parks and Recreation staff for their hard work to make that re-opening happen; Minutes -Planning Commission November 9, 2010 -Page 5 Puckett continued Reminded everyone that the Mayor's Prayer Breakfast is a fundraiser supporting the Tustin Community Foundation; the Santa Sleigh will be on display at the breakfast and also at Enderle Center that evening; • Wished everyone a Happy Thanksgiving. Thompson • Indicated he participated in the CR&R cleanup evenl last month; • Attended the BIA Orange County dinner "Legends, Lessons, and Visionary Leadership" on October 27, which included well-known and dynamic speakers, and also attended the Orange County Business Council Infrastructure Committee meeting this morning; • Added his congratulations to newly elected and appointed members of Council and Commissions; • Stated he wished to close the meeting in honor of veterans past and present. Kasalek Added that she wished to congratulate Amy Thomas and Dennis McCreary on the outstanding job they did gathering evidence and presenting the staff report. Director Noted the meeting should be adjourned to the first meeting in December and wished everyone Happy Thanksgiving. 9:17 p.m. ADJOURNMENT The Planning Commission adjourned to the regular meeting scheduled for Tuesday, December 14, 2010, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission November 9, 2010 -Page 6