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HomeMy WebLinkAbout01 PC Minutes 12-9-02ITEM #1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 9, 2002 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE Denny absent ROLL CALL Staff present Christine Shingleton, Assistant City Manager Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved . APPROVAL OF MINUTES- NOVEMBER 12, 2002, PLANNING COMMISSION MEETING. It was moved by Jennings, seconded by Nielsen, to approve the Consent Calendar. Motion carried 4-0. Taken out of order; adopted Resolution No. 3856 , AMENDMENT TO THE BOUNDARIES OF THE PROPOSED MCAS TUSTIN REDEVELOPMENT PROJECT AREA AND AN AMENDMENT TO THE PRELIMINARY PLAN. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3856. Shingleton Presented the staff report, indicating the actions requested of the Planning Commission are to amend the boundaries of MCAS-Tustin project area as delineated and approve the amendment to the preliminary plan. Minutes - Planning Commission December 9, 2002 - Page 1 Kozak Asked if Resolution No. 3856 accomplishes both actions. Shingleton Shingleton Jennings Shingleton Director Answered in the affirmative. It was moved by Jennings, seconded by Hamilton, to adopt Resolution No. 3856. Motion carried 4-0. Stated the Director asked her to respond to questions the Planning Commissioners might have about recent noticing in the newspaper relative to a Finding of Suitability to transfer property at MCAS-Tustin; this is a standard Federal process prior to conveyance of any property at MCAS-Tustin; the Navy is required to determine the environmental suitability of the property for transfer and that the property meets the standards for reuse as defined in the Reuse Plan; this notice is for a 2~ acre parcel that was not included in the original conveyance in May, because the Navy had not completed its environmental review; this property is part of a 15-acre ultimate conveyance to the Rancho Santiago Community College District, a small piece in the center of a 12~ acre piece that was conveyed to the City; the documentation is lengthy and has been transmitted to Federal and State regulators who have to concur with the recommended action before the Navy can move forward on the disposal action. Asked why that parcel was held out. Answered there was a culvert on the parcel with a drainage swale and surface oil spilled by a nearby tank was seeping down into the ground; it was necessary to remove the contaminated soil; the parcel was part of the original baseline analysis that was completed by the Navy; 977 acres of the property were conveyed to the City in May; there were 178 acres retained; the City has leased those properties from the Navy; the Navy. will be conveying those portions of the 178 acres as they go through this cleanup process and are able to clear sites from the regulator's standpoint; this is a scheduling issue tied into each fiscal year and depends upon the monies available to do the remediation; the last of the parcels may not be remediated until 2008. Indicated the Assistant City Manager was referring to a newspaper notice that Commissioner Hamilton faxed to the Director; since the Commissioners might be seeing various items in the newspaper, staff felt it would be beneficial to bring this information to the meeting for the benefit of all the Planning Commissioners. Minutes - Planning Commission December 9, 2002 - Page 2 Adopted Resolution Nos. 3853 and 3854 7:11 p.m. Willkom Director PUBLIC HEARINGS , PREZONE 02-001 FOR ANNEXATION 158 ANNEXATION REQUESTING PREZONING OF THE LORETTA, BONNER, MEDFORD, AND GROVESITE PROPETIES FROM THE ORANGE COUNTY "SINGLE FAMILY RESIDENTIAL" ZONING DISTRICT TO THE CITY OF TUSTIN SINGLE FAMILY RESIDENTIAL (R-l) ZONING DISTRICT AND ANNEXATION OF THE LORETTA, BONNER, MEDFORD, AND GROVESITE PROPERTIES INTO THE CITY OF TUSTIN. THESE PROPERTIES ARE LOCATED AT 17521, 17531, 17541, 17551, 17561, 17571, 17581,17522, 17532, 17542, 17552, 17562, AND 17572 BONNER DRIVE; 13791, 13801, 13815, 13831, 13841, 13762, 13772, 13782, 13792, 13802, 13816, 13832, AND 13842 LORETTA DRIVE; 17592, 17602, 17612, 17626, 17642, 17652, AND 17662 MEDFORD AVENUE; AND 13771, 13781, 13791, 13801, 13815, 13831, 13841, 13772, 13782, 13792, 13802, 13816, 13832, 13842, AND 13852 GROVESITE DRIVE IN THE COUNTY OF ORANGE SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. RECOMMENDATION: , That the Planning Commission adopt Resolution No. 3853 recommending that the City Council certify as adequate the Negative Declaration for Prezone 02-001 for Annexation 158. . That the Planning Commission adopt Resolution No. 3854 recommending that the City Council approve Prezone 02-001 for Annexation 158. The Public Hearing opened. Presented the staff report, noting that the City Council date has been corrected and re-noticed for January 6, 2003. Added the two items before the Planning Commission are the recommendation on the environmental documentation to the City Council, which is a Negative Declaration, and the prezoning for the property; all the other data is for informational purposes and is related to the fiscal impact analysis and are policy issues for the City Council to Minutes - Planning Commission December 9, 2002 - Page 3 consider concerning what impact the prezoning would have on the Tustin General Fund and whether or not the property should be annexed into the community; in general, this is a relatively small annexation that, given the number of properties involved, would not have a significant impact on the City's General Fund. Staff felt it was important for the Planning Commission to have the entire package that was provided to the residents of the area at workshop. Kozak Thanked staff and stated his understanding that the Planning Commission is making recommendations to the City Council for future action. Director Stated these annexations are occurring Countywide; after the bankruptcy, Orange County decided from a policy perspective to get out of the municipal business and began looking at all the County islands to find the easiest islands to de-annex from the County and return to the cities; this is one of the easier annexations because these properties are similar to their surrounding environment--for example, this area is not on a septic system, has curbs, gutters, and sidewalks, etc.; if annexation does not happen now, it will likely happen eventually. Kozak Stressed that the surrounding areas are zoned the same as the proposed annexation will be. Jennings Asked for confirmation that Henstridge Circle and the western extension of Medford Avenue are within the City limits. Willkom Answered in the affirmative. Hamilton Asked what the California Highway Patrol (CHP) services entail. Director Indicated the CHP issues speeding citations in the area. Hamilton Asked if that would be in addition to the Sheriff. Director Answered the Sheriff's Department does not issue speeding citations but would answer other kinds of calls for services. Hamilton Asked if there is a special arrangement with Waste Management regarding trash pickup. Minutes - Planning Commission December 9, 2002 - Page 4 Anderson Nielsen Director Mary Kincaid, 13815 Grovesite Drive 7:30 p.m. Jennings Hamilton Kozak Director Hamilton Stated there is an existing trash contract through the County with Waste Management; the contract has to be honored through its duration; there are five years remaining on the contract; if the City re-negotiated a contract with a provider other than Federal Disposal, there might be opportunities to overlap. Complimented staff for the impressive package, particularly the workshops with the County and LAFCO. Stated for the record that LAFCO refers to the Orange County Local Agency Formation Commission. Stated she is an original owner on Grovesite; it is inaccurate to state that half the people at the last meeting were in favor of the annexation; there were two people who approved; the only reason LAFCO is going to be able to de- annex is the rules have changed; the community members have voted three times and sent petitions twice stating the residents would like to stay in the County. The Public Hearing closed. Suggested the residents will be pleasantly surprised with the services provided by the City; she lived in the unincorporated County for twenty years before moving to Tustin; she has lived in Tustin for six years and has found the response by the Tustin Police far more efficient than the Sheriff; City services and the City departments have always been responsive and helpful; the City Council listens to residents and tries to assist with problems. ' Asked where the nearest Sheriff's substation is located that would be serving this area. Suggested it is probably downtown Santa Ana. Indicated staff will get that information and have it available at the City Council meeting. Stated this annexation is desired by both the County and the City; the Tustin police respond very quickly to citizens' needs; the response from downtown Santa Ana would probably not be as fast; State Senate Bill 1555 changed the rules; there are good reasons to support the annexation. Minutes - Planning Commission December 9, 2002 - Page 5 Nielsen Stated his support for the annexation. Kozak Continued to January 27, 2003 Adopted Resolution No. 3855 Anderson , , Indicated that, from a public policy and land use and delivery of public services perspective, this area is completely surrounded by the City, making this annexation a proper and logical move by LAFCO. It was moved by Kozak, seconded by Nielsen, to adopt Resolution Nos. 3853 and 3854. CODE AMENDMENT 02-007 AMENDING THE TUSTIN CITY CODE, PLANNED COMMUNITIES, AND SPECIFIC PLANS TO ADD A NEW DEFINITION FOR "ASSEMBLY USES" AND PROHIBITING ASSEMBLY USES IN INDUSTRIAL ZONING DISTRICTS. RECOMMENDATION: That the Planning Commission continue Amendment 02-007 to the January 27, Planning Commission meeting. Code 2003, It was moved by Jennings, seconded by Nielsen, to continue this item to January 27, 2003. Motion carried 4-0. REGULAR BUSINESS: FISCAL YEAR 2002~03 CAPITAL IMPROVEMENT PROGRAM GENERAL PLAN CONFORMITY DETERMINATION THAT THE RIGHT-OF-WAY ACQUISITIONS INVOLVED WITH THE RED HILL AVENUE WIDENING AT THE I-5 (CIP 7133), IRVINE BOULEVARD/NEWPORT AVENUE INTERSECTION ENHANCEMENT (CIP 7118), NEWPORT AVENUE/SR 55 RAMP RECONFIGURATION (CIP 7130), AND THE NEWPORT AVENUE EXTENSION - PHASE II (CIP 7131) ARE IN CONFORMANCE WITH THE TUSTIN GENERAL PLAN. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3855. Presented the staff report. Minutes - Planning Commission December 9, 2002 - Page 6 Nielsen Anderson Jennings Anderson Jennings Anderson Jennings Anderson Hamilton Anderson Nielsen Anderson Asked if the Red Hill Avenue improvements will widen the two right-turn lanes onto the freeway and add bike lanes. Answered in the affirmative. Asked if widening Newport Avenue between Holt Avenue and Irvine Boulevard will allow for the maintenance of the blacktop bike paths. Indicated that is a Class One bike trail which will be maintained. Asked if this will be the only Newport exit on SR-55. Answered in the affirmative. Questioned whether all the land has been acquired or is in negotiation. Stated there is an exhibit at the end of the report~ that identifies the properties that would need to be acquired; two of the four sites on Red Hill have been acquired; a purchase agreement for the other two will be presented to the City Council at the next meeting. Asked if the City is using eminent domain for any of these properties or has negotiated the purchases. Stated eminent domain has not been part of the process; of the 14 properties, three are in escrow and the City is negotiating on the other 11; there are six properties for acquisition; two of those involve temporary construction easements only, which the City has acquired; the last project is still in the planning and environmental stages; although there are properties that will be impacted by the project, the right-of-way needs have not been specifically defined at this time concerning what takes will be needed. Asked is there is a specific timetable regarding completion of each of these projects. Indicated there are timetables on when the projects go out to bid and construction begins; the Red Hill Avenue widening project will go out to bid in spring 2003, start construction in either May or June, and is fully funded; the Irvine Boulevard/Newport Avenue intersection project is fully Minutes - Planning Commission December 9, 2002 - Page 7 Kozak Anderson Hamilton Kozak Director funded, and the City plans to go to bid in late spring 2003, with construction beginning by late summer 2003; the Newport Avenue SR-55 ramp reconfiguration is not fully funded and may be bid in the fall of 2003, with construction beginning early in 2004; the Newport Avenue Extension- Phase II project is two to three years away. Asked how long the Newport/Irvine intersection improvement will be under construction. Answered approximately a year, considering the various agencies involved; there are Several components to that project, for example, a new storm drain system and a new sewer will be installed before the surface work begins. Stated he is aware these are important projects; and, noted his appreciation that the City will not be using eminent domain as a method of acquisition. Stated for the record that eminent domain is not a part of this action. It was moved by Jennings, seconded by Nielsen, to adopt Resolution No. 3855. Motion carried 4-0. STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 18 AND DECEMBER 2, 2002, CITY COUNCIL MEETINGS. Noted that a workshop on the Capital Improvement Program was planned to precede Item No. 4; the workshop was postponed because all the Planning Commissioners need to be present for that workshop. Stated there are interim agricultural uses planned for MCAS- Tustin; applications will be submitted to the Planning Commission for those temporary uses. Reported the City Council adopted the Uniform Construction Codes. Noted that two new Mills Act programs were approved at the last City Council meeting. Minutes - Planning Commission December 9, 2002 - Page 8 Director continued Nielsen Director Nielsen Jennings Hamilton Indicated the Zone Change for the MCAS-Tustin Specific Plan was postponed to January 21, 2003. On behalf of the staff, wished the Planning Commissioners a happy and safe holiday season. COMMISSION CONCERNS Asked if the project at the Arco station at Red Hill and San Juan is a tank replacement. Indicated the project is a replacement; a permit was issued; there are more problems than initially anticipated. Stated the Christmas tree lighting was a wonderful, well- attended event. Noted that Santa visited his street this evening; and, commended this Police Department program. Suggested that PowerPoint presentations might be e-mailed to the Commissioners in the future. Thanked staff and his fellow Commissioners for their tolerance, patience, and assistance during his early months as a Commissioner. Wished everyone a safe and happy holiday season and New Year. Stated the sign at Stevens Square is now in good condition. Noted her understanding that the pink fence at the Tustin Garage will be repainted. Indicated she also enjoyed the Christmas tree lighting and was pleased by the number of people who attended. Wished everyone happy holidays. Noted that 2002 was a challenging year, and the staff's assistance was appreciated. Asked why the City Council item on November 18, continuing the prohibition on assembly uses, had not come before the Planning Commission. Minutes - Planning Commission December 9, 2002 - Page 9 Director Hamilton Director Hamilton Kozak Director Kozak Director Stated that staff typically provides notice of Planning Commission and City Council public hearings at the same time; the Planning Commission continued this item once, which required the City Council to continue it until after the Planning Commission takes an action. Stated his enjoyment of the Christmas tree lighting; the lines were long for everything; the diversity of the City being represented at the event was heartening. Noted the openings of Tustin Car Wash, Baskin-Robbins, Starbucks at Red Hill and El Camino. Reiterated his ongoing concerns regarding the trash at the I-5 and Tustin Ranch Road. Stated that area is Caltrans' responsibility; the City has asked them repeatedly to keep the area clean; the City has cleaned that area periodically. Wished everyone a Merry Christmas and Happy New Year and acknowledged other holidays that might be celebrated at this time of year. Noted that Councilman Davert was in the audience. Stated there is graffiti on the easterly facing roof of the Revere House. Indicated the pole sign at Patterson's Jewelers on First Street is in disrepair. Indicated the tenants promised to fix the sign by the end of this week. Asked if the sign at the old Tustin Transmission site will be removed. Stated staff will follow up with information on the sign in a memorandum to the Commission. Kozak Thanked staff for their hard work this year. Wished everyone a very Merry Christmas and Happy New Year. Minutes- Planning Commission December 9, 2002 - Page 10 ADJOURNMENT 8:01 p.m. The next regular meeting of the Planning Commission is scheduled for Monday, January 13, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes - Planning Commission December 9, 2002 - Page 11