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HomeMy WebLinkAboutPC Minutes 04-26-04 7:04 p.m. Given All present Staff present Plaque presented to Linda Jennings by Chair Amante None Approved Adopted Resolution Nos. 3910,3911,3912, 3913,3914,3915 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING - 7:00 P.M. APRIL 26, 2004 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth A. Binsack, Community Development Director Christine A. Shingleton, Assistant City Manager Lois E. Jeffrey, City Attorney Jason Retterer, Deputy City Attorney Jim Draughon, Redevelopment Program Manager Doug Anderson, Senior Project Manager-Transportation Steve Sasaki, Consultant Minoo Ashabi, Associate Planner Eloise Harris, Recording Secretary PRESENTATION: Linda Jennings expressed her thanks; and, stated her time on the Planning Commission was one of the most educational experiences of her life, but the best part was becoming friends with the various Commissioners with whom she served. PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - APRIL 12, 2004, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Menard, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS 2. ZONE CHANGE 03-002, TENTATIVE TRACT MAP 16481, DESIGN REVIEW 03-012, CONDITIONAL USE PERMIT 03-012, AND GENERAL PLAN CONFORMITY FINDING FOR DISPOSITION OF PROPERTY REQUESTING: 1) SUBDIVISION OF A 1.036 ACRE PARCEL INTO THIRTEEN (13) NUMBERED LOTS AND ONE (1) LETTERED LOT FOR DEVELOPMENT OF A COMMERCIAL BUILDING AND TWELVE (12) RESIDENTIAL LlVEIWORK UNITS; 2) ZONE CHANGE Minutes - Planning Commission 4-26-04 - Page 1 TO ESTABLISH A PLANNED COMMUNITY AND PLANNED COMMUNITY DISTRICT REGULATIONS; 3) DEVELOPMENT OF AN APPROXIMATELY 9,300 SQUARE FOOT (8,589 SQUARE FEET LEASABLE AREA) RESTAURANT, RETAIL, AND OFFICE BUILDING AND TWELVE (12) MIXED USE (LlVEIWORK) UNITS WITH RETAIL AND OFFICE USES ON THE GROUND FLOOR AND SINGLE FAMILY RESIDENTIAL USES ON THE UPPER FLOORS; 4) APPROVAL OF A REDUCTION IN OFF-STREET PARKING IN ACCORDANCE WITH TUSTIN CITY CODE SECTION 9271 aa AND AN AGREEMENT TO PROVIDE OFF-SITE PARKING IN ACCORDANCE WITH TUSTIN CITY CODE SECTION 9252; AND, 5) AUTHORIZATION TO SELL ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A FUTURE RESTAURANT USE IN THE COMMERCIAL BUILDING ON LOT 1 OF TENTATIVE TRACT MAP 167481 (ABC LICENSE TYPE "47"). THIS PROJECT IS LOCATED IN THE CENTRAL COMMERCIAL AND PARKING OVERLAY DISTRICT (C-2P), CULTURAL RESOURCES OVERLAY DISTRICT, AND TOWN CENTER REDEVELOPMENT PROJECT AREA. RECOMMENDATION: That the Planning Commission adopt: 1. Resolution No. 3910 recommending that the City Council certify the Prospect Village Final Environmental Impact Report (FEIR) and adopt a Statement of Overriding Considerations and Mitigation Monitoring Program for Zone Change 03- 002 and Tentative Tract Map 16481 and certify the Prospect Village FEIR and adopt a Statement of Overriding Considerations and Mitigation Monitoring Program for Design Review 03-012, Conditional Use Permit 03-012, and a General Plan Conformity Finding for disposition of property. Resolution No. 3911 recommending that the City Council approve Zone Change 03-002 to establish a Planned Community District and adopt the "Prospect Village Planned Community District Regulations." Resolution No. 3912 recommending that the City Council approve Tentative Tract Map 16481 for subdivision of a 1.036 acre site into thirteen (13) numbered lots and one (1) lettered lot for the purpose of developing a commercial building and 2. 3. Minutes - Planning Commission 4-26-04 - Page 2 7:09 p.m. 4. twelve (12) live/work units within a Planned Unit Development. Resolution No. 3913 approving Design Review 03- 012 for development of the site with an approximately 9,300 square foot (8,589 square feet of leasable area) two-story commercial building and twelve (12) three-story live/work units, with a reduction in off- street parking requirements and the provision of off- site parking, and alcoholic beverage sales in conjunction with a future restaurant. Resolution No. 3914 approving Conditional Use Permit 03-012 for establishment of a future restaurant with alcoholic beverage sales in a tenant space up to 3,000 square feet with 112 seats in the commercial building on Lot 1 of Tentative Tract Map 16481. Resolution No. 3915 finding the disposition of property by the Tustin Community Redevelopment Agency for the Prospect Village Project is in conformance with the Tustin General Plan. 5. 6. The Public Hearing opened. Asked that a spokesperson be chosen for the various group or view represented by the people in attendance; and, pointed out the time allowed each speaker is indicated by the lights on the lectern . Amante Ashabi Presented the staff report. Clarified that the applicant is not the Tustin Redevelopment Agency, rather it is Prospect Village LP; there is no public subsidy involved in the proposed project; the presentation highlighted the items to be found in the record; all materials, including files, etc. are the complete record, and the public testimony received this evening will become part of the full record; the revisions to Exhibit B of Resolution No. 3910 placed at the dais were minor modifications relating to grammatical or formatting errors; members of the Redevelopment Agency and a representative of KMA are available to answer any questions. Director Asked if the resolutions that require no discussion or modifications could be considered as one while others could be considered and voted on separately. Menard Stated it would be necessary for the Commission to certify the Environmental Impact Report prior to approving the remaining resolutions. Director Minutes - Planning Commission 4-26-04 - Page 3 Amante John Tillotson, representing Pelican Properties Marisa Charette, representing the Tustin Chamber of Commerce Patti Eby, representing the Tustin Old Town Association (TOT A) Linda Jennings, 350 South B Street William Collins, 430 West Main Street Added that his understanding was that Resolution No. 3910 should be considered first and then determine whether to group or take the other resolutions separately; and, invited the applicant to the lectern. Stated his group was contacted by staff a few years ago and was made aware that Old Town is a special place that requires special attention; indicated his group did a great deal of research and preparation in order to prepare a project that would complement Tustin's commitment to preserving its history; noted his group met with David Bryant who gave him the book Tustin, A City of Trees which he read cover to cover to learn about the City; stated that he met with various citizens, some opposed, who took the time to visit his project in Huntington Beach; and, promised that his group is committed to doing the same quality of work in Tustin. Indicated the Tustin Chamber has been in support of this project since its inception; the Prospect Village project will bring residents and visitors to Old Town Tustin, benefiting the existing businesses at a time when the area is building momentum for commercial success. Stated that TOT A is in favor of the development; retail business is badly needed especially in the area in which this project is to be built; there is nothing there now that would bring the public into Old Town; due to the poor lighting and lack of pedestrian traffic that presently exists on this property, some business owners have been hit with graffiti and property damage. Read a prepared statement regarding the dilemma of saving the old and bringing in the new; and, as a homeowner in Old Town, stated that homeowners welcome the development and the energy it will bring to Old Town, but asked the Planning Commission and Mr. Tillotson to at least consider a compromise that would preserve a part of yesterday by saving the façade of the Utt Juice Building within the context of the proposed project. Indicated that during his fifteen years as an Old Town homeowner, he has had to abide by the City's rules and regulations governing historic structures and is amazed that the City has seen fit to approve demolition of these two buildings which are a significant part of Tustin history; he is opposed to the destruction of the Utt Juice Building; the City has owned the buildings for a number of years and has not taken care of them; and, he is not opposed to redevelopment, but the buildings are a part of history that should be preserved. Minutes - Planning Commission 4-26-04 - Page 4 Lucy Burch, 610 West Third Street Brent Ferdig, 140 South Myrtle Avenue April Pollock, 138 North B Street Julia Faith Orr, 355 West 6th Street Rick Fox, 170 North A Street Joyce Miller, 11189 Newport Avenue Presented a video prepared by the City, "Old Town Tustin," stating that this portion of the video focuses on the historical significance of the buildings in Old Town; and, noted that the Uti Juice Building qualifies for State and national registry, and to remain eligible partial reuse would be necessary Referred to the historic district created by the City in 1988 to protect and enhance the existing historic character and culturally significant structures within the district; the Utt Juice Buildings received the highest rating awarded; the consultants who prepared the EIR agreed with the survey in determining the buildings were potentially eligible for listing on the California Register of Historical Resources; the buildings should not be held responsible for the condition they are in due to the City's lack of maintenance that reduced their condition from average to poor; he opposes the full demolition of these historical buildings; the Commission should choose one of the alternatives that preserves an important part of the City's heritage. Stated she is fourth generation in Orange County and the second generation in Tustin; indicated she always dreamed of living in Old Town and was lucky to find a home on B Street; noted this project means a lot to her; and, presented a video supporting preservation of the buildings. Stated that Old Town should include old buildings, especially the Utt Juice Buildings. Indicated this project has many positive features which he could support wholeheartedly if it were being proposed for vacant land; the site is not vacant and is home to two of the most historically and architecturally significant buildings in Old Town; no one wants to see the buildings remain in their present condition; the fact the buildings have been vacant for 30 years makes it easy to advocate demolition; he would like to see Alternative No.3 implemented because it poses the fewest number of negative impacts to the developer's project. Stated she is a North Tustin resident who was born in Old Town and lived most of her life there; she spent the weekend visiting small towns (Placentia, Yorba Linda, Brea, etc.), was sad to see redevelopment in those old town areas, and hopes Tustin does not follow that pattern; the proposed project does not speak to the hearts of the people who built Tustin and who visit Tustin to shop and eat. Jeff Thompson, 415 Stated he, his wife, and four children live in Tustin and also own a West 6th Street commercial office building at 100 West Main Street; the lack of Minutes - Planning Commission 4-26-04 - Page 5 Allan Browning, 1131 East Main Street; Chair of the Tustin Business and Economic Development Council (BEDC) historic preservation contained within this proposal is a concern; a double standard exists where the City enforces compliance of historic preservation standards but now believes there is an opportunity to be relieved of them; the Cultural Resources Advisory Committee has traditionally required business owners and residents to comply with design standards without regard to the cost or difficulty in finding an architect to perform the work; throughout the responses in the Final EIR, there was no additional financial information provided to justify the cost; if cost of the historic preservation is an incremental addition ($300 to $500,000) on a 7-10 million dollar project, this is a small fraction of the cost of the project; the FEIR states in Volume 2 that "neither the City nor the Agency is in a position to control the overall feasibility of the project or to provide financial subsidy required by the alternative identified in the Draft EIR"; this is not a justifiable reason to waive the requirement that is otherwise levied on every other private business or resident in the City; the City should be setting the standard for historic preservation; the City has given 95 percent of the business parking needs to the development from an adjacent property; the City appears to have given away the leveraging while not obtaining the importance of the feature of historic preservation; as a correction to the Director's statement earlier, the FEIR says on page 127 that there is a public subsidy of $355,000; no information was provided on the reasonableness of City requirements each time the previous contracts were terminated; there should be consideration to have some historic preservation in this development. Read a prepared statement supporting the proposed development; the BEDC weighed many factors in reaching this decision, including other opportunities that have been proposed for this location, three of which were presented and turned down, and future opportunities which may yet be proposed, the Old Town business environment, City revenue from the project (taxes and fees), historic preservation and significance, the overall Tustin business economy, and the development of Tustin Legacy; the BEDC supports preserving the façade of the building; that support extends only to the point that it is economically viable for the project to move forward; with no State help likely, it is important that the City expand its business tax base which the Prospect Village project will do by providing taxes and fees from the project and increasing traffic in Old Town, thus increasing tax revenues; timing for the project is critical since no money will come out of Tustin Legacy for at least five years and probably 10 years; it is important to develop Old Town before the entire focus moves to Tustin Legacy; none of the alternatives has a developer willing to move forward. Minutes - Planning Commission 4-26-04 - Page 6 Ken Ezell, 356 West 6th Street AI Corfield, 17642 Miller Drive Amante Llyn Smith, 540 West 3rd Third Tom Orr, 355 West 6th Street Ted Heumann, 145 Pacific Art Masaoka, 18030 Brookhurst, #311, Fountain Valley Stated he has been in the process of restoring the Ruth Roland home for the past 13 years; and, asked the developer to be the hero in this project and do what is right to preserve the front of the Utt Juice Building as part of Old Town's legacy. Indicated he does not live in Old Town and has no business interests there but has lived in Tustin for 28 years near the Columbus Tustin Middle School; one of the reasons he moved to Tustin was the charm of Old Town; when he first moved to Tustin, residents indicated Old Town was not developed yet and promised nice things for Old Town; he's been waiting 28 years to see that happen; while there have been minor improvements, nothing on the scale of the proposed project; it would be a shame if anything happened to keep this project from going forward; the Utt Juice Buildings have been an eyesore; while there may be historical significance in the site, the proposed project could be the best thing to happen to the area and to the retail people in the area. Reminded the speakers that it would be appreciated if they refrain from repetitive comments; and, asked that only new material be presented. Stated she lives down the street from a modern Victorian; it is very easy to see the difference; the project looks wonderful except that it could just as easily be in Irvine, because every roofline is the same; Old Town Tustin homes offer a wide variety of distinctive residential designs; it is this difference that makes Old Town special; the façade and a variety of rooflines should be incorporated in this project. Indicated he attended the Planning Commission meeting that involved the Armstrong Nursery project; one of the topics involved saving an avocado tree that was slated to be removed; that same wisdom should be employed in saving the façade of these buildings. Agreed with the other speakers regarding the alternatives; there are a number of places in Orange where the front part of an older building added an historically accurate building on the back; this type of thing has also taken place in Santa Ana; people do not go to old town districts for the stores but for the atmosphere. Asked his wife to stand and be recognized in the audience, pointing out that she owned a property at 140 South A Street; compared to where he once lived in Los Angeles, there are comparatively few older houses in Orange County; he and his wife selected a house in Old Town because they wanted the Minutes - Planning Commission 4-26-04 - Page 7 Amante Mr. Masaoka "Tad" Tadlock, 135 Myrtle Street David Bryant, 1331 Bryan Avenue Sharon Jones, 520 West Main Street - - ----- --, charming atmosphere of a 1900-era home with the historical values and artifacts associated with the neighborhood; the placards on the streets regarding the demolition of the Utt Juice Buildings were the reason he attended the Planning Commission meeting; in the past, the City determined that his wife's house had no foundation and major structural damage. Asked Mr. Masaoka to limit his remarks to the project on this evening's agenda. Continued his remarks by stating the City hired unlicensed engineers who demolished the house; a new house was built which the City stated had structural defects before demolishing the new house; this is all recent history without consideration of the historic value of the house; the City should not demolish the Utt Juice Buildings without considering the options in preserving the appearance of the buildings. Stated he is a Main Street homeowner in Old Town; he moved to Tustin in 1930 and is still referred to as a newcomer; he served eight years on the City Council and as Police Commissioner and also eight years on the Planning Commission; he is a registered professional archeologist and has done over 100 environmental impact reports in Orange County, including historical reports; the City of Tustin should in some way preserve one of its most important and unique historical structures. Stated he is a third generation native of California; he moved into his historic home in Old Town in 1970; in the thirty years since then, he has taken out four or five building permits to enhance, enlarge, add to, and modify his home; he did most of the work himself and is familiar with what it takes to maintain an original home built in 1919; when he drives by the Utt Juice property, he sees a vacant, deteriorating warehouse that has been sitting there bringing no revenue to this City since 1973; there have been potential developers, but the City is still not getting a dime; the answer is so simple; this City needs exactly what Prospect Village is proposing; as the past president of the Historical Society, he believes a three-bay warehouse is not an important building in Tustin. Stated she is an Old Town Tustin resident; earlier applicants were interested in converting the building to a restaurant or retail use which seems to be Alternative No.1; noted the City has been in exclusive negotiations with Mr. Tillotson during this time, preventing any opportunity for others to come forward who might have come up with a plan or cost structure for selling the residences that would change the bottom line; and, stated she is Minutes - Planning Commission 4-26-04 - Page 8 in favor of taking a closer look at Alternative Nos. 3 or 5 because those seem financially feasible and would still qualify for the National Register. An unsigned letter from Carol Fox was submitted to the Recording Secretary and is included herein by reference. 8:30 p.m. Chairperson Amante closed the Public Hearing and announced a ten-minute recess. Amante Reconvened the meeting. Director Referred to and clarified the following points from the public testimony: 1. Comments regarding the façade and whether or not they are in poor condition versus average condition and how those were noted in various documents before the Commission this evening: The appraiser gave a general comment about the exterior of the building rather than conducting an engineering analysis. The Curry Price report is a structural and civil engineering analysis, was referenced in the KCM report. This report is what the appraiser used on the report identifying the buildings as relatively deteriorated. 2. Comments regarding the merits of Alternative Nos. 3 and 5 which were included for consideration in the EIR as acceptable alternatives: All alternatives are available for the Planning Commission's consideration and that is why they were included in the EIR. However, the project objectives were clearly outlined. Neither of these alternatives meets the project objectives as noted in the Redevelopment Project Plan. There were no developers available to implement those alternatives. Alternative No.3 included only 15,044 square feet of retail office in comparison with over 16,000 square feet associated with the preferred project alternative; there would only be 10 live-work units versus 12; it would result in an odd building configuration with 60-foot bays and no outdoor dining area; the supporting land value of $112,000 requiring a $738,000 public subsidy would be required; and, would create approximately 17 percent fewer permanent jobs than the proposed project. Minutes - Planning Commission 4-26-04 - Page 9 As with Alternative No.5, this would not reduce the impacts to an insignificant level. The Planning Commission would still need to go through the process of adopting or certifying an EIR, consider the Findings of Fact, and adopt a Statement of Overriding Considerations, because there would still be significant impact on the environment. There would be a supportive land value of $198,000 requiring a $657,000 public subsidy. This is noted in the EIR and would still result in a significant impact on the environment because the EIR indicates that this is façadectomy; it has a negative impact on some of the more significant features that are identified in the historical resource. 3. Comments regarding the issue of providing off-site parking: All the residential parking to meet that demand is being provided on-site and complies with the City's standards as they exist today. What is being proposed as a recommendation to the City Council would be providing the commercial parking off-site. This project is within a parking overlay district. Other commercial proprietors have been able to take advantage of the fact that they are in the commercial and parking overlay district. Some projects that have taken this advantage include: the Helms' building, the Black Sheep Bistro, Cox commercial marketplace, the McCharles House; the Rangel office building; and the Thompson commercial building; all these enjoyed several commercial benefits to intensify their uses within the Old Town area and have been able to use parking that is sometimes farther away from their developments than proposed in this project. The goal is to create a parking demand in Old Town in order to attract people. The City is not creating a special condition for this developer that has not been done for other commercial properties in Old Town. 4. Comments regarding mixed use development: Because the project is in the overlay district, individuals have had the ability to submit various mixed use developments on the site and could have requested a planned community under the current zoning. Such a plan was submitted by Tolkin Development, which also proposed demolition of the buildings. Draughon Stated that mixed use proposals have been considered; the Tolkin proposal suggested mixed use with residential components and demolition of the building with a substantial public subsidy; Minutes - Planning Commission 4-26-04 - Page 10 regarding the comment related to public subsidy, this project has no public subsidy requirement; the property is being sold at above the fair market value and at the cost that the Agency paid to acquire this property. Pontious Stated she has a long history with the City and the Old Town residents going back to her early days on the Planning Commission in the mid-1980s and of being very supportive of historic preservation and trying to keep Old Town special; one of the over-riding problems for years in Old Town has been the difficulty in getting development going; in the early days of the City's concerns regarding the Utt Juice Building, the previous owners contributed to the deterioration and did nothing for the upkeep; as much as she believes it is important for a community to keep as much of its historic assets as possible, the situation in Old Town is unique, and the need for more retail and more people in the downtown area overrides the concerns for preservation; this is not an easy decision to make and goes against her basic nature and feelings; having been involved with the situation for so long, there does not seem to be any other way to go; the City has been through a long and detailed process to make this project work; the City is to be commended for those efforts; what is being proposed will be a tremendous addition; the architecture and layout will provide needed positive retail for the City and the Old Town merchants; based on all the above, she supports all of staff's recommendations and looks forward to the project moving forward. Nielsen Agreed that this is a difficult decision for him; he grew up in a Victorian home built in the 1870s; the Utt Juice Building is historic; it appears there will be minor parking issues with the new project; however, the City staff have tried to get a development into this location where the building could be preserved and utilized (five previous to this since 1998); all those fell through; all wanted some form of public money to help preserve the building; it's been sitting vacant for nearly 30 years; he came to this meeting with an open mind and listened to people on both sides of the issues; the end result is what is going to be best for Old Town and the general area of Tustin; this project will help revitalize the area and will create jobs, more residential uses, bring more traffic in the area, both economically and generally; in looking at the information, it appears that any sort of trying to save these buildings is infeasible; staff has done a commendable job in trying to find some way to put a project into this building and save it but is at the end of the road; he supports the project; Mr. Tillotson has done a good job in presenting a project that will be viable for the community. Minutes - Planning Commission 4-26-04 - Page 11 Menard Stated that Mr. Tillotson has done a great job; the project is very nice; his background is architecture and he enjoyed looking at this project and going through the project; he is in support of mixed use which will help revitalize Old Town and catapult the City into getting other people interested; he has a passion for architecture and historical architecture; he lives in Old Town, so it is difficult to support removing these buildings; he is in favor of the project moving forward but would like to see one of the alternatives chosen, preferably Alternative No.5 and saving the facades of the buildings, integrating them with the existing project if possible; he has strong concerns about the parking; the Director provided good input on what is currently used and how these issues have been handled in the past; those issues should be set aside for now and, as the Director mentioned, create a demand for parking in Old Town; he would like the project to move forward, but implementing Alternative No.5. Floyd Indicated he believes the City needs a course of action; Old Town Tustin was one of the factors that brought him to Tustin; he likes the mixed use aspect of the project; he moved from Hollywood Hills where at one point the old homes from the 20s and 30s were torn down and "McMansions" put up in their places; since he's lived here, he has noticed the Utt Juice Buildings and been troubled by the fact that they have been vacant for 30 years; he was troubled by some of the comments, stating that the City has not taken care of these buildings; he is not sure to what extent those comments are factual; perhaps staff could elaborate regarding how the City and the previous owner handled the care of the property; this project will benefit the merchants who have been asking for development for years; when he ran for City Council, he ran on revitalizing Old Town Tustin; there are many people who want mixed use development; he is troubled when he comes to Old Town on the weekends in the evenings, and there is nothing to see or do; the project will provide tax revenue; it will be exciting to see what types of businesses are brought in to the retail portion of the buildings; perhaps Mr. Tillotson could provide his vision on what some of the businesses will be; he would prefer one of the alternatives that would save the façade; if that is not feasible, he is prepared to vote for the project. Amante Asked staff to respond to Commissioner Floyd's concern regarding the maintenance of the property, specifically referring to what the City has done since it purchased the property in 1998. Director Stated the building has been vacant since 1973; there were a dozen or more health and safety and building code violations; there were several nuisance conditions; there were several court actions associated with the property; the City obtained a court Minutes - Planning Commission 4-26-04 - Page 12 order for the property to be seismically retrofitted to secure the facility to a basic standard of safety; the facility was boarded and secured. Draughon Indicated that since he joined the City in 1997 the project has been his from the initial RFP solicitation forward; when the City acquired the property, it was seriously dilapidated; the City began immediately to market the property to the development community and felt the City was just around the corner with each developer; the City relied on the developer to tell the City what needed to be done and what the developer was willing and able to do; the City hopes to get around the corner this time. Amante Requested that Mr. Tillotson return to the lectern to respond the questions from the Commission, specifically Commissioner Floyd's question about the expected tenants. Mr. Tillotson Stated that it is his company's intention to retain the property; a fine restaurant of at least 3,000 feet is planned; the other tenants are not known at this time; his company has tenants in other centers that would like to be in the project; the residential units on Prospect would be uses such as a book store, tea room, etc.; five of the six will be full retail use; Prospect Lane would be conducive to an architect's office, photographic studio, engineer's office or studio; the specifics are still evolving and will fulfill the demands of the homeowners association and the CC&Rs. Pointed out deed restrictions will also be recorded. Pontious Amante Addressed the audience and applauded their passion and eloquence in their preparation and comments; one of his concerns as a Commissioner and Tustin resident is that there be balance in the development of the community from an economic and residential perspective; there is no question that Orange County has a jobs/housing imbalance; when areas can be developed in the Redevelopment Agency in intelligent ways that keep true to the theme and feel of the City as this project does and bring some vitality to Old Town, which has been underutilized, and at the same time have new development at Tustin Legacy, that provides a balance; it is important that the City not focus only on the Legacy and have The Market Place and Old Town suffer; Old Town is vital area to the history of Tustin and its roots; the fact that the John Laing Homes going up at the Legacy have a Craftsman and Bungalow feel to them, providing a link to history; developers paying attention to those types of things as Mr. Tillotson is doing with this project makes sense; as one of the speakers mentioned, the redevelopment of Old Town needs to have its eye on what it does in terms of generating taxes for the City; everyone on the Planning Minutes - Planning Commission 4-26-04 - Page 13 Menard voted No None Commission pays careful attention to the history of Tustin and cares about its cultural and historical roots; it is difficult when looking at taking down buildings of noted historical value to do that, but it is important to ask if the proposed development brings more to the residents of Old Town and more to the citizens of Tustin than that which is being given up; buildings should not be saved just for savings sake; staff provided an enormous amount of written material of which the EIR was just a part; he supports the project as it was presented. Suggested that the Commission consider the first alone resolution because it is the critical linchpin; and, asked for a motion on Resolution No. 3910. It was moved by Pontious, seconded by Nielsen, to adopt Resolution No. 3910. Motion carried 5-0. Asked for the Commission's pleasure regarding Resolution Nos. 3911-3915. No one commented. Pontious moved the balance of the items. Menard verified that Resolution No. 3914 is the Design Review and should be considered separately. Pontious moved Resolution Nos. 3912, 3913, 3915, and 3916. Amante asked staff if the Design Review could be called out and pass the other resolutions. The Director replied in the affirmative. Commissioner Pontious restated her motion, seconded by Menard. Motion carried 5-0. Commissioner Menard stated that there should not be a price tag placed on history; historical buildings should not be demolished, never to be seen again except in photographs; saving the façade should be considered, using Alternative No.5. It was moved by Pontious to adopt Resolution No. 3913, seconded by Floyd. Motion carried 4-1. REGULAR BUSINESS Minutes - Planning Commission 4-26-04 - Page 14 Director reported Floyd Pontious Nielsen Menard Amante STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE APRIL 19, 2004, CITY COUNCIL MEETING. The City Council took action on the Community Development Block Grant one-year action plan; staff will be forwarding the City's application to HUD for the dollar amounts. COMMISSION CONCERNS Stated he hopes there is not a perception that the City indiscriminately demolishes historical buildings in the City. Indicated he is very proud of this project. Noted the City has a 20-year history of making important efforts, including the Overlay District, to preserve history. Pointed out that the City of Tustin is mentioned on page 16 of Elizabeth George's most recent novel. Noted that the Armstrong project looks good so far. Stated that tonight's decision was very difficult since he empathizes with the residents who want to preserve the Utt Juice building; he looked hard for some feasible way to make that happen; none was apparent. Indicated he looks forward to the new project going forward. Agreed that tonight's approval was a difficult decision. Thanked everyone on staff for their work. Reminded everyone that the Promenade is coming soon; and, encouraged everyone to tour some of the City's historical buildings. Stated that staff did an extraordinary job helping the Planning Commission understand this project. Thanked his colleagues on the Commission for doing a good job during a difficult evening. Indicated it is important to bear in mind that during these difficult economic times it is imperative to remain vigilant regarding properties within local government purview to prevent Sacramento's usurping of sales tax, residential property taxes, etc.; Minutes - Planning Commission 4-26-04 - Page 15 it is incumbent upon local government not to be reaching into the taxpayers' pockets to subsidize that which private industry can do and not be making public those things that should be privatized. Applauded staff for trying to work with the developer and not allow this property, which has been fallow for so long, to remain fallow; this is the right thing for Tustin, despite the difficult choices regarding the façade that has historical value. Indicated he attended Karaoke Night (or "Tustin Idol") and was very entertained; the proceeds will benefit the Seniors in Tustin. 9:39 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, May 24, 2004, at 7:00 p.m. in the C il Chamber at 300 Centennial Way. a~Æ.Ã'~ Elizabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission 4-26-04 - Page 16