HomeMy WebLinkAbout03 PC ACTION AGENDA 03-06-07
AGENDA REPORT
Agenda Item
Reviewed:
City Manager
3
~
Finance Director N/A
MEETING DATE: MARCH 6,2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: PLANNING COMMISSION ACTION AGENDA
7:00 p.m.
ACTION AGENDA
REGULAR MEETING
TUSTIN PLANNING COMMISSION
FEBRUARY 26, 2007
CALL TO ORDER
Given
PLEDGE OF ALLEGIANCE
ROLL CALL
Present:
Chair Floyd
Chair Pro Tem Puckett
Commissioner Kozak, Lee, and Nielsen
Staff present
Elizabeth Binsack, Community Development Director
Jason Retterer, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Senior Planner
Chad Ortlieb, Associate Planner
Eloise Harris, Recording Secretary
None
PUBLIC CONCERNS
CONSENT CALENDAR
Approved
1. APPROVAL OF MINUTES - FEBRUARY 12, 2007,
PLANNING COMMISSION MEETING.
PUBLIC HEARING
Adopted revised
Resolution No.
4051
2.
CONTINUED APPEAL OF COMMUNITY DEVELOPMENT
DIRECTOR'S DECISION TO DISALLOW THE USE OF
FIBERCEMENT SIDING ON A DETACHED TWO-CAR
Action Agenda - Planning Commission 2-26-07 - Page 1
GARAGE WITH SECOND-STORY GAME ROOM THAT IS
CURRENTLY UNDER CONSTRUCTION ON A
PROPERTY IMPROVED WITH AN "A"-RATED DWELLING
IN THE CULTURAL RESOURCE OVERLAY DISTRICT.
THE PROJECT WAS REQUESTED BY THE APPLICANT
AND APPROVED WITH REDWOOD SIDING BY ZONING
ADMINISTRATOR ACTION 05-007. THIS PROJECT IS
LOCATED AT 200 SOUTH A STREET IN THE SINGLE
FAMILY RESIDENTIAL (R-1) WITH CULTURAL
RESOURCE (CR) OVERLAY DISTRICT ZONING
DISTRICT.
RECOMMENDATION:
Pursuant to the Planning Commission's direction at the
February 12, 2007, meeting, staff has included Resolution
No. 4051 to reverse the Community Development Director's
decision disallowing the use of fibercement siding on a
detached garage structure approved by Zoning Administrator
Action 05-007.
None
REGULAR BUSINESS
STAFF CONCERNS
REPORT OF ACTIONS TAKEN AT THE FEBRUARY 20, 2007,
CITY COUNCIL MEETING.
Director
Stated the Assistant Director would comment regarding Hangar 29.
Indicated that the City Council asked staff to look at possible
opportunities for minimizing impacts on the City's resources
specifically relating to City Boards, Commissions, and Committees.
City staff researched the issue and made a recommendation to the
City Council regarding the Parks & Recreation Commission, the
Planning Commission, Historic Resource Commission, and the
Tustin Community Foundation.
Staff recommended that the Parks & Recreation Commission would
serve as a liaison with oversight and/or coordination with various
groups within the community, such as the Senior Advisory Board,
the Youth & Adult Sports Facilities Association, Tustin Pride, the
Tustin Community Foundation, and Special Events Committees.
The Commission would also be renamed the Community Services
Commission.
The Planning Commission would accept the responsibilities of the
Historic Resource Committee.
Action Agenda - Planning Commission 2-26-07 - Page 2
Director continued The Tustin Community Foundation would accept the responsibilities
of the Community Development In-House Citizens' Participation
Committee. The Tustin Community Foundation would make a
recommendation related to the Public Service Category Projects for
the Community Development Block Grant (CDBG) dollars which
are allocated by the City to various community groups.
Nielsen
Director
Nielsen
Director
Assistant Director
The Historic Resource Committee has a work program that is
examined annually, which the Planning Commission may now be
doing. The Planning Commission may want to look at what the
work program would be.
The City Council recommended the initiation of an ordinance and
proceedings that would include the Planning Commission, the City
Council, or the Director; that does not necessarily mean this has
happened; there is a process that has to be gone through; public
hearings would be held allowing individuals to speak before the
Commission and appropriate recommendations made; the City
Council requested that the Planning Commission initiate an
ordinance that would consolidate that function; staff will be bringing
that ordinance to the Commission in March.
Asked if the ordinance will include a recommendation to the
Council.
Answered in the affirmative; and, added that an ordinance is
required because these changes are part of the Zoning Code and
an amendment will be required; if it were only in the Tustin City
Code it would not necessarily come before the Planning
Commission.
Suggested this seems a conflict of interest and might be better
handled at the City Council level.
Responded that this is a procedural issue required by law and must
come to the Planning Commission first.
Stated the former MCAS-Tustin was closed in 1999; because it was
a Navy disposal of property action and a community reuse planning
effort, the environmental document that was prepared included a
National Environmental Policy Act (NEPA) and a California
Environment Quality Act (CEQA); that the EIS/EIR identified a
worst case scenario which included the potential that the hangars
could not be saved; there are two National Registered blimp
hangars at the Base; the environmental documents considered the
possibility that those hangars could not be saved; the Navy was
obligated as part of that effort to identify potential mitigation for the
loss of those hangars; the Navy had to negotiate with the State
Historic Preservation Office (SHPO) and the Advisory Council on
Historic Preservation, which is the Federal equivalent to the SHPO;
Action Agenda - Planning Commission 2-26-07 - Page 3
negotiations also included the County of Orange because the
northerly hangar is promised to the County as part of an urban
regional park; the City of Tustin participated as the pote,ntial owner
of the southerly hangar; the outcome of those negotiations was an
agreement that laid out the strategy to market both hangars; the
County was to market the northerly hangar and the City the
southerly hangar.
At the last City Council meeting, a staff report was brought to the
Council that reported the marketing effort for the southerly hangar.
Four expressions of interest were submitted to the City. Following
the guidelines that were included in the Navy's agreement with
SHPO and the Advisory Council, the marketing effort was intended
to identify whether or not the firms that submitted proposals had the
financial resources to rehabilitate the hangar and place a business
in the hangar that would be a viable reuse. The businesses had to
be able to pay for infrastructure, pay for seismic retrofitting, pay for
fire code upgrades, building code upgrades, etc. It has been
reported that the Navy's own analysis of the hangar required
improvements that ranged between $13 and $26 million just to
bring it up to code.
The conclusion reached in the City Council staff report found that
none of the four proposals was economically viable, and a
recommendation was brought to the City Council to reject all four;
the Council concurred with staff's recommendation; the Council
also authorized the City Manager to enter into an agreement with
the Tustin Legacy Partners to lease the hangar and also to begin
the effort needed to comply with the Memorandum of Agreement
concerning the mitigation that must accomplished.
Even though the Council rejected the four proposals, the Council
also indicated the desire that at least one of the hangars would be
preserved and every effort made to preserve one hangar if
possible; the County of Orange has moved forward with one of the
proposals that was made to the County for the northerly hangar and
is in negotiation on a potential economically viable reuse; nothing
will happen immediately to the southerly hangar; it is still
undergoing remediation by the Navy and still owned by the Navy;
the City is leasing the hangar from the Navy, and it will probably
take five years of remediation before the property can be conveyed
by deed to the City and subsequently to the Tustin Legacy
Community Partners.
Floyd
Asked what the County is proposing for the reuse of the northerly
hangar.
Action Agenda - Planning Commission 2-26-07 - Page 4
Assistant Director
Puckett
Floyd
Director
Floyd
Director
Nielsen
Indicated the County found that only one proposal to convert the
hangar into a commercial recreational use was economically viable;
the County asked that the project proposal include or consider
including the veterans' proposal as part of any revised project
submittal.
Stated that he attended the City Council meeting; and, commented
that, while the Navy's estimate that it would take at least $13 to $26
million to bring the hangar up to the code, one optimistic applicant
thought he could do so for $150,000.
Thanked the Assistant Director for his report; and, asked the
Director is there was anything further.
As an unrelated item, suggested that a tour of The District at The
Legacy could be arranged for 5:30 p.m. before the Planning
Commission's second meeting in March. Staff will contact the
Commissioners tomorrow regarding their availability.
Indicated that he has been amazed by how much difference just
one month can make in the progress of development at The
District; and, added that he read in the newspaper that some of the
stores will be opening this June.
Noted that the plan is for a soft opening on the i.nitial phases and a
rolling on all the remaining phases.
COMMISSION CONCERNS
Apologized for missing the last Planning Commission meeting.
Stated he attended Congressman Campbell's "Coffee Talk" at
Peet's Coffee & Tea; it was very well attended; a lot of local
residents and others outside of Tustin shared their opinions and
suggestions.
Indicated he also attended the Grand Opening of Roderick's
Restaurant and encouraged everyone to stop in.
Noted it was good to see the opening of Chipotle Restaurant where
there was a line around the building and into the parking lot, which
suggests it will be a successful project.
Expressed his sadness at the death of Tom Egan at the Tustin
Home Depot and commended the Tustin Police Department for
their professional attitude and quick response to the situation.
Offered his prayers and condolences go to the Egan family and
suggested that the meeting be adjourned in Mr. Egan's memory.
Action Agenda - Planning Commission 2-26-07 - Page 5
Lee
Added his apologies for missing the last Planning Commission
meeting.
Stated that the rapid changes in technology and the ability to hide
cell towers in ways that make them almost impossible to notice
would suggest that making a suggestion to allow for revisions to the
Residential Design Guidelines to allow for new products and
innovative designs may be the wave of the future.
Expressed his condolences to the Egan family and agreed that the
meeting should be adjourned in Mr. Egan's memory.
Thanked staff for this evening's presentations.
Kozak
Indicated his thanks and appreciation to Ms. Young for the work
she has done to maintain the historic structure, beautify the
property, and work to build the new structure in keeping with the
spirit and appearance of the Overlay District.
Thanked staff for working through the issue with the applicant and
the Commission.
Stated he looks forward to the proposed workshop regarding
possible revisions to the Design Guidelines.
Thanked staff for their reports on Council actions.
Noted that he, too, was happy to see Chipotle open, particularly
due to the improvement that has been brought to that corner.
Offered his sympathies to the Egan family for their terrible loss.
Puckett
Noted that he is looking forward to moving the Planning
Commission meetings to Tuesday.
Indicated that he also attended the ribbon-cutting at Roderick's;
when he moved to Tustin in 1975, that was a Chuck's Steakhouse;
this is a very nice restaurant on Red Hill just south of the 1-5
freeway in the Stater Bros. shopping center; the executive chef is
from PJ's Abbey.
Stated that he was one of the founding members of the Tustin
Community Foundation in 1994 which floundered until an Executive
Director could be found; that Director left and things have not been
going as well; however, once a new Executive Director is found,
perhaps within the next month, things will be on track; there is
Board with about 15 new members and community leaders
committed to getting the Foundation back to making a difference in
Tustin.
Action Agenda - Planning Commission 2-26-07 - Page 6
Puckett continued
Assistant Director
Puckett
Assistant Director
Floyd
7:47 p.m.
Asked if there would be any way to organize a tour of one of the
hangars.
Answered that the chances are not good, but he could perhaps put
Commissioner Puckett in touch with the right people.
Indicated he would like to go.
Suggested that Commissioner Puckett give him a call.
Reminded everyone that the Chipotle ribbon-cutting takes place
tomorrow at 5:00 p.m.
Agreed that, per Commissioner Lee's remarks, progress requires
change and the City needs to keep up.
Shared in the other Commissioners' condolences to the Egan
family; the Tustin Police Department is one of the finest in the
County but also in the State; as a police volunteer, he knew it would
be only a matter of time before the perpetrator would be caught; the
Tustin Police Department deserves our congratulations.
Asked for a motion to adjourn in Mr. Egan's memory.
ADJOURNMENT
In Memory of Tom Egan
The next regular meeting of the Planning Commission will be held
Tuesday, March 13, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way.
Action Agenda - Planning Commission 2-26-07 - Page 7