HomeMy WebLinkAbout01 PC Minutes- Workshop 09-13-11ITEM # 1
MINUTES
WORKSHOP
TUSTIN PLANNING COMMISSION
SEPTEMBER 13, 2011
6:00 p.m. CALL TO ORDER
ROLL CALL:
Present: Chair Thompson
Chair Pro Tem Puckett
Commissioners Eckman, Kozak, Moore
Given PRESENTATION:
NONCONFORMING STRUCTURES, USES, AND LOTS;
RECOMMENDATION FOR DRAFT ORDINANCE NO. 1397
At the request of the City Council, staff prepared draft
Ordinance No. 1397 to provide clarity, consistency, and reduce
any ambiguity related to any nonconforming structures, uses
and lots in the City. Draft Ordinance No. 1397 has been
prepared for the Planning Commission's consideration. A
recommendation on the proposed ordinance to the Tustin City
Council will be required.
RECOMMENDATION:
That the Planning Commission:
Conduct a Workshop on the intent and practice of
California Land Use and Planning Law governing
nonconforming structures, uses, and lots.
2. Provide input and direction on draft Ordinance No.
1397. Based upon input from the Commission,
staff will prepare and return at the September 27,
2011 meeting with a Resolution for formal action
by the Tustin Planning Commission.
Binsack and Ogdon Gave the presentation an Nonconforming Structures, Uses, and Lots.
Planning Commission comments and concerns generally included:
Eckman Understood the information presented and had no questions
regarding Draft Ordinance No. 1397 nor the presentation.
Workshop Minutes -Planning Commission September 13, 2011 -Page 1
Moore • Did not concur with the prior City Attorney's interpretation of
the application of the nonconforming provisions;
• Wanted to gain a better understanding of maintenance
requirements of nonconforming structures;
• Requested clarification regarding projects in progress and
how these properties are affected when a zoning ordinance
change occurs.
Kozak Requested additional examples of nonconforming with
regard to commercial properties, and would like staff to
identify the impact on public services.
• Suggested removing the burden of proof from property
owners, and for staff to work with the State Historic
Preservation Office regarding the issue.
Puckett Understood the issue of nonconforming needs to be
addressed; stated the situation with J.C. Dugard would not
have happened if similar issues were addressed earlier.
Thompson Requested consistency with regard to terminology;
• Would like to gain an understanding in the difference
between the building code and zoning code;
• Consideration of records and how each criteria may be
understood and how it is weighted;
• Requested clarification regarding the application of
nonconforming guidelines and whether they should be
referenced in the Ordinance.
The following members of the public stepped forward:
Bret Fairbanks
Whitney Hodges
Sharon Teter
Llyn Smith
Brian Sjoberg
Maureen Lee
Public comments and concerns generally included placing the burden
of proof of permit on the property owner, exceptions for historic
structures, and the requirements of homes outside of the overlay
district.
7:30 p.m. ADJOURNMENT:
The next Workshop of the Planning Commission will be scheduled
when items are set for presentation.
Workshop Minutes -Planning Commission September 13, 2011 -Page 2