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Home My WebLink AboutPC MIN 05-12-15MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 1212015 7:00 p.m. CALL TO ORDER Lumbard INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL: Present: Chair Pro Tem Lumbard Commissioners Altowaiji, Kozak, Smith Excused Absence: Chair Thompson PUBLIC CONCERNS PRESENTATION: COMMENDATION FOR RETIRED CODE ENFORCEMENT OFFICER, GEORGE WIESINGER Binsack Presentation given. CONSENT CALENDAR: Approved, as 1. APPROVAL OF MINUTES — APRIL 28, 2015 PLANNING amended. COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the minutes of the April 28, 2015 meeting as provided. Motion: It was moved by Kozak, seconded by Altowaiji, to approve the April 28, 2015 Minutes. Motion carried 4-0-1. None. PUBLIC HEARINGS REGULAR BUSINESS: Adopted Reso. 2. GENERAL PLAN CONFORMITY DETERMINATION FOR THE No. 4282. DISPOSITION AND ACQUISITION OF SCHOOL SITE AT TUSTIN LEGACY; INVESTIGATION AND DETERMINATION REQUEST FOR A SCHOOL SITE; AND, ZONING CODE EXEMPTION NOTIFICATION Minutes — Planning Commission May 12, 2015 — Page 1 of 5 Willkom The Tustin Unified School District (TUSD) proposes to develop school facilities within the Tustin Legacy. The project involves the disposition by the City and acquisition by TUSD of an approximately 40 acre site within Planning Area 8 of the MCAS Tustin Specific Plan. Pursuant to the Government Code, General Plan Conformity Determination by a local agency, prior to acquisition or disposition of real property, is required. APPLICANT: City of Tustin Tustin Unified School District (TUSD) PROPERTY OWNER: City of Tustin LOCATION: Southwest corner of Tustin Ranch Road and Valencia Avenue General Plan Conformity determinations required by Government Code Sections 65402 and 21151.2 and Zoning Code exemption notification are not considered "projects" requiring environmental review pursuant to the California Environmental Quality Act. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4282 determining that: 1. The location, purpose, and extent of the proposed disposition by the City and acquisition by the TUSD of an approximate 40 -acre site to develop school facilities which comprised of 6-12 School Project is in conformance with the Tustin General Plan; 2. The proposed 40 -acre site is appropriate for a school site; and, 3. The City acknowledges the TUSD Board's plan to overrule the zoning applicability to a 40 -acre site pursuant to Government Code Section 53094. Presentation given. Lumbard Lumbard informed the Commission that he inquired with the City Attorney's office in making sure there was no conflict of interest with regards to the distance from the Tustin Legacy area and his property. Smith Smith also asked Bobak if there was a conflict since he also lives within the Tustin Legacy area. He questioned Area 15 and the 10 -acre school and the general plan area possibly being 500 feet from his home. I--- Bobak Bobak's response to Smith's questions generally included: There is no conflict since the general planning area is greater than 500 feet from his Minutes — Planning Commission May 12, 2015 — Page 2 of 5 property; the Commission's action does not change the zoning of the property or amend the Specific Plan; depending on what is developed on the Area 15 property will comply with the underlying zoning unless there is an application to change the zoning, in which case Smith's property would be looked at further to see if it is within 500 feet of the boundary of the proposed school site; and she reminded the Commission they only need to be concerned with the 40 -acre site and as long as they are not within 500 feet of the boundary of the proposed school site there would be no conflict of interest. Binsack Binsack informed the Commission that staff measured the distance from Smith and Lumbard's properties to the proposed school site to ensure they are outside of the boundaries. Lumbard Lumbard questioned the timeline in the Power Point presentation and if the dates shown were the end dates for each of the phases. He also asked about the 6th -8t" grades facility being complete by July 2019. Willkom In response to Lumbard's question, Willkom stated that Phase I and Phase II were the end dates and that the rest of the phases are unknown depending upon funding availability. Willkom confirmed the July 2019 completion date as well. Lumbard Lumbard's questions for Tony Soria, TUSD, generally included: Concerns about Heritage Elementary School and the administrative office uses being relocated to the 40 -acre site; he asked how the Commission's actions would affect Heritage Elementary School, if at all; Lumbard asked if the administrative offices at the 40 -acre site were the same as the Heritage Elementary School site; and he also asked how TUSD calculated 1,200 students on the 40 -acre school development. Tony Soria's response to the questions/concerns generally included: TUSD is interested in re -locating the District office (currently located on C Street) to the 40 -acre site, if funding is available and depending on the mitigation agreement; and the number of students was based on student generation factors on development types. Altowaiji Altowaiji asked if the District office on C Street would be vacated. He suggested TUSD pay special attention to the parking lot when designing the school on the 40 -acre site as well as the public right-of-way. In response to Altowaiji's questions/concerns, Mr. Soria stated should funding become available, TUSD would relocate and construct their administrative offices on the 40 -acre site. As far as the parking lot suggestion, he stated it is part of the State requirement to ensure the safety in the school parking lot. Minutes — Planning Commission May 12, 2015 — Page 3 of 5 Rajasekhar Palwai, resident, questioned the proposed school on the 40 - acre site. He asked what the status was on funds and if it was possible the project could be extended beyond July 2019. Binsack Binsack's response to Mr. Palwai's question generally included: The City is currently working with TUSD in developing a Community Facilities District (CFD) Agreement that would establish the funding for the construction of the proposed school; it is anticipated some of the funding could come from the 10 -acre site in Neighborhood G; and that this site could be sold and fund the construction of the facilities. Lumbard Lumbard further explained the CFD fee process to Mr. Palwai and how the homeowners would essentially pay through mello-roos and/or homeowners associations from the new homes being built. Mr. Musch Mohan, resident, asked which school his elementary age children would attend if the school site was not complete by 2019 since he is in the process of buying a home in the Greenwood development. Soria Soria responded further stating that the TUSD is currently working with the developers and the City on an agreement for funding to add to the construction of the school site. That area would have priority access to Heritage School as well as the 6th — 12th Grade school. Until an agreement is reached, the home schools would be Veeh Elementary, Currie Middle School and Tustin High School. Kozak Kozak commented on the positive working relationship between the City and TUSD, along with the report presented. He also welcomed the addition to the Tustin Legacy. Altowaiji Altowaiji questioned the 10 -acres being reverted back to the City. He asked if the release of the school would return to the regular land and if there would still be a condition on the land if sold or given to a school. Binsack Binsack stated that the 10 -acres has always been retained by the City and that it would be assumed in with the initial planning area. There would not be a condition on it to be sold and given to the District. Smith Smith had favorable comments regarding the project. Lumbard Lumbard also had favorable comments with regards to the STEM aspect and that it would be a great addition to the Tustin Legacy. Motion: It was moved by Altowaiji, seconded by Smith, to adopt Resolution No. 4282. Motion carried 4-0-1. None. STAFF CONCERNS Minutes — Planning Commission May 12, 2015 — Page 4 of 5 COMMISSION CONCERNS: Kozak Kozak attended the following events: • 4/30/15: 2015 Annual Preservation Conference Gateways to Preservation - California Preservation Foundation • 5/2/15: Tustin Area Historical Society Home Tour • 5/5/15: Received the City Council "Water Conservation" Power Point presentation. Kozak had favorable comments for George Wiesinger, retired Code Enforcement Officer. Altowaiji Nothing to report. Smith Nothing to report. Lumbard Thanked staff and TUSD for working together on the project. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, May 26, 2015, at 7:00 p.m. in the City Council Chambers at 300 Centennial Way. h 4t J . T PS 0!N Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission May 12, 2015 — Page 5 of 5