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Home My WebLink About01 PC Minutes 07-09-13 ITEM # 1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JULY 09, 2013 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Chair Kozak ROLL CALL: Present: Chair Kozak Chair Pro Tem Thompson Commissioners Altowaiji, Lumbard, and Smith Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Assistant Director of Community Development Scott Reekstin, Principal Planner Amy Stonich, Senior Planner Adrianne DiLeva-Johnson, Senior Management Assistant None PUBLIC CONCERNS Approved CONSENT CALENDAR: 1. APPROVAL OF MINUTES – JUNE 25, 2013, PLANNING COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the minutes of the June 25, 2013, meeting as provided. Motion: It was moved by Altowaiji, seconded by Lumbard to move the Consent Calendar. Motion carried 4-0-1 with Chair Pro Tem Thompson abstaining. PUBLIC HEARINGS: Adopted Resolution 2. CODE AMENDMENT 2013-002 (ORDINANCE NO. 1430) No. 4217 as amended AMENDING THE TUSTIN SUBDIVISION CODE (ARTICLE 9, CHAPTER 3 OF THE TUSTIN CITY CODE). The proposed amendments are comprehensive and are part of the Community Development Department’s continuing effort to implement Tustin City Council policy direction by making government processes and procedures more streamlined. On May 28, 2013, the Community Development Department transmitted the proposed amendment to the Planning Commission to afford the Commission sufficient time to consider the proposed update and set the item for public hearing on June 11, 2013. Key changes proposed in the proposed amendment include: 1. Removing outdated language; 2. Performing ordinance “general housekeeping” to ensure consistency with the State Subdivision Map Act revisions and current City practice; and, 3. Process streamlining. ENVIRONMENTAL: Proposed Ordinance No. 1430 is not a "project" under the California Environmental Quality Act ("CEQA") pursuant to Section 15378(b)(2) and (5) of the CEQA Guidelines. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4217, recommending that the Tustin City Council adopt Ordinance No. 1430, approving Code Amendment (CA) 2013-002 and adopting proposed amendments to the Tustin Subdivision Code (Article 9, Chapter 3 of the Tustin City Code). Ogdon Gave a presentation of the item. Planning Commission questions generally included: acceptance and conveyance of real property interests of which there is no cost to the City; clarification on the definition of a “minor amendment;” whether or not the Subdivision Manual defines a major or minor amendment; clarity on Transportation Corridor Agency fees; and if there were any comments from outside agencies which were not yet addressed. Commissioner Altowaiji commented regarding the Final Parcel Maps not being reviewed by the City Council indicating that he supports a portion of the Ordinance; however, would like to maintain transparency through allowing City Council to review Final Maps; stated the Ordinance favors the development community; and, added that when reviewing the maps, he would like to remove all subjectivity from the proposed Ordinance. Minutes – Planning Commission July 09, 2013 – Page 2 of 5 The Director commented related to major versus minor amendments that if there are any additions to the Map, any code violations, or if changes are made that are not consistent with the spirit or intent of the map, then it would be considered a “major amendment” and subsequently brought back for Commission or City Council review. The Assistant City Attorney stated it is difficult to put a numerical value on the number of minor amendments which are acceptable, and restated that as long as the map meets the spirit and intent of the Planning Commission’s approval and does fall under a major amendment as defined in the Ordinance, it would be considered a minor amendment. Ogdon stated Transportation Corridor Agency fees are given in the Fee Schedule adopted by City Council, and that fees are not referenced in Ordinances, as they may change over time. The public hearing opened at 7:42 p.m. Mike Balsamo stepped forward representing the Building Industry Association of Southern California, Orange County Chapter to speak in favor of the proposed Ordinance. Mr. Balsamo thanked staff for providing the opportunity to review the proposed Ordinance, and stated that he appreciated that his agency’s comments were considered and addressed. Mr. Balsamo generally restated his support for he proposed Ordinance. The public hearing closed at 7:45 p.m. The Planning Commission began discussion of the item. Lumbard Stated the proposed Ordinance would be good for the City, will attract new development, and will remove obstacles for development; and, is in favor of the proposed Ordinance. Altowaiji Thanked staff for their work on the proposed Ordinance; stated that the streamlining measures are generally good; however, believes that Tentative and Final Maps should both go to the City Council to provide another opportunity for public comments and to review any changes; stated that he is in favor of some elements of the Ordinance but would oppose the proposed Ordinance as given. Minutes – Planning Commission July 09, 2013 – Page 3 of 5 Smith Stated he is pleased that the process will be streamlining our operations and making the City business-friendly; does not believe the process of civic feedback and citizen engagement is being undermined in any way; and, is confident that staff will bring Maps back for review if major changes are made after initial approval. Thompson Appreciated staff’s effort in providing the Commission ample time to review the provisions of the proposed Ordinance; initially shared Commissioner Altowaiji’s concerns, but now understands the definition of minor changes and believes the proposed process will streamline efforts; and, is comfortable with the Ordinance as provided and believes the appropriate checks and balances remain in the proposed Ordinance. Kozak Is supportive of the proposed Ordinance; believes the revisions and the modernization of the Ordinance are best management practices for the City; is pleased with the outreach to the public and the comments that have been received; echoed Chair Pro Tem Thompson’s comment that there are substantial checks and balances in the proposed Ordinance; and, made a note that the appeal process remains. Stated he would like to move forward with the Ordinance as given. Altowaiji Noted that a majority of cities send their Final Maps to City Council for review as standard practice, and reiterated his comment that in favor of transparency and checks and balances, even minor changes should be reviewed by City Council in the form of a Final Map. This is his primary point of concern. Motion: It was moved by Thompson, seconded by Kozak to adopt Resolution No. 4217 as amended. Motion carried 4-1 with Commissioner Altowaiji dissenting. None REGULAR BUSINESS STAFF CONCERNS: The Director reported as follows:  The City Council held a Tustin Legacy Workshop on June th 29, which discussed the current land-use in the Legacy area, potential development opportunities, and provided direction on the next-steps for this area as well as for the Pacific Center East area. COMMISSION CONCERNS: Minutes – Planning Commission July 09, 2013 – Page 4 of 5 Lumbard  Had no concerns to report, but noted his tentative absence at the upcoming July 23, 2013 Planning Commission meeting. Altowaiji th Attended the City Council workshop on June 29, stated it was informative. Smith  Had no concerns to report, thanked staff for their work this evening. Requested that Mr. Balsamo let the business community know about the effects of the proposed Ordinance. Thompson  Provided a presentation to the American Society of Civil Engineers;  Attended the Orange County Business Council Infrastructure Committee meeting where a presentation was given on shale oil;  Announced that Tustin Parks and Recreation will be having a th fundraiser on July 20 to raise money for dental care for children. Kozak  Stated the Concerts in the Park series has been excellent so far; th  Attended the July 4 Fireworks Celebration;  Thanked staff for their hard work on tonight’s item;  Read an article regarding the approval of wireless facilities. 8:06 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, July 23, 2013, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes – Planning Commission July 09, 2013 – Page 5 of 5