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02 CLG 2016-2017 ANNUAL REPORT
' AGENDA. REPORT ITEM #2 d . MEETING DATE: JANUARY 23, 2018 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: 2016-2017 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT RECOMMENDATION That the Planning Commission direct staff to forward the Annual Report to the State Office of Historic Preservation. BACKGROUND AND DISCUSSION Attached for the Planning Commission's consideration is a copy of the City of Tustin's Certified Local Government (CLG) Annual Report for the reporting period between October 1, 2016, and September 30, 2017. The Annual Report summarizes the City's historic preservation efforts and describes how the City met all of the minimum requirements of the CLG program during the 2016/2017 reporting period. The Annual Report will be transmitted to the State Office of Historic Preservation upon approval by the Planning Commission. f Elaine Dove, AICP,RLA Scott Reekstin Senior Planner Principal Planner Attachment A— 2016-2017 Certified Local Government Annual Report vi w N o ,C d5 rn " .2 Q -R, N. Qfi1 y li c0 110� V U O tz CL a NQ coo i N �`' '�C •a = N Cn a O.' 'o. O v, Nom ` cac�a �:: c E d N C O O y Cu v� ate' ,..o,. h }' (D o T- c4 +- _ O c O v a o m } Q Cu N O W '. p a) U z3cu CL CL O pr O W 3 'C v Q) L .. a> +� c Cu' € b Q">o:•: a� o a � v � CD to N LB 4? CJ yam+ (] d " N d .d .. C 7 H bA N 7 a� a� ` p N U mtE Q p CD- CD 45, it cu L ,,. + aj �E .: p a� o o c Q .b m E. cc o �• as ,:� y � o � Z3 0 CD E a m G1 ' n � 3 � Q , 3 aDw aa, L � C �' E � � C d •3 � C ` � � � � rn 3 p a C`Q3 Gj w O t Cu Q p 4? � in J � C. 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" ® ® ❑ E E c o 'er v U ca p _ � � •`� L _ C C c � N +.ca Co O m L) Q N o c `o E O ❑ ❑ ❑ ❑ ❑ tm _ z L a= Q O fa d m U C r- N C +�. ca V C C U 9 o :3 caca O � o dca > Q c :3 J V E U ++ ca E �• c V C E `o (D L j .N °� 0E0 ca CLE Q V a) O dE C) ❑ m t� _U r S Q a) c +1 a= C V a) c� •N Y O ca D z 7 N fd f0 L N E (6 N E a) L o a = d) 0 •r Co � O p J 7 L E Q) O L a1 a 7- O (A Y L C Y r NU O C •o c V (a _ f0 Q > r N Q LU O (A IL W W V U) Q Q : _ . 2 cu d e ¥ % >% O % 0 C) % O a) CL E _) } % E V \ - a t m § > � 2 E U § N2 § E U @ CLUc COO W c O - ' > c | 2 § f E m @2 = E � o k � @ R 3 R 7 ? 2 � k E § 2 0 6 6 @ _ E_ _ - t 0c 2 coR § k kEx E E ° O .g E .g o 0) a E 7 � / o § � � � J ■ - 0 ( kkL E 60k % § o ■ � � o O k E 2 � c � § M m @ § , @ t ƒ § 2 % 2 2 � 0 / § E § § 7%o L> � � © � 20 § 7 ƒ � � ƒ� VK 22 c 2 ( C7 § .r- a) 2c \ t / CLk m 0 T k 2 � § CU o k 2 D- m 2 E CU 22 > \ $ (I 2 ® � .2 e U)� {D U) 0 E cum E £ 2 EL } w k 2 � � � � Ca r O Ca O O O O C C C C (1} O O O O E , td . W ai U U r- V1 V0 r- U U) O C N a C Qti m LO Z-OC w O 'E ' m 'L m m 0� z _0 U) o0 � o o o o C N ULL ULL. U ULL U dU N a, CO � rc O N C:) o Z ! N o 0 0 0 L o L O L L L O 0L O LO O O O L LO LSA I- ci CV T CV OO O N ao i m v c i U E � � L :� � Yov So_ ,� }, E CL0 oma- 0 0 C 0 c c m w L •� c Q � 0 2 � N o N o 0) �c C O_ (D C N m Lc ro U E o O o m o .� cU co ai z � co omc�. c aci ani 0 a� Q NJ a� Z Q = o �ca � � o � � o av Amo caNi (d o Nc c a n VU mo 0 o 3:c cC 'Croc UO CD C _ J � cwo o 0M0 � .N � � a goo -- u, � mN O L) ULL = m 2m2Q Oma. UU �i2d C72 { a} , a} U M N 0 T {, T It CO 00 O O TO OT O O O o C O m — : V J J _ %j C LCD C Y ^ fD mm � C p O p Q) O L U Q Nm . O N N t m L (d N a SIC = ]� 0 C) LL > C U > 1 N C4 P r rr1 O o o s o ` 0 L N � = p 0 > T' o u�� o c .c s °D 0 (Cico o ti o n co ao co N o o 0 >, w zz� = -O m 0 M 0oti 0 m aNi � m o a? cLL- L s n 0W L 0 � � a L = o � 'o c� o oU ate) = tea - - M r -o � i 'O ani c N > Z N rn � � c ¢ omw V5 ¢ 7 O U) O N y L c c0.) N U (� V O 'C U UJ U ~ O m O f�O p 0 N 5 m U) J N N C H C -J (D N O L V � a U }, p O N O C m N O c N H O w0 < 2Zd UUHW O �C i - i U O CL 0 s H v I ci O c� Nr m N � o It o 0 0 o 0 0 0 CL [ ° � I U � � o a U a .. E C N m coU Q o (n cn (n (A o N co (n (n C U U U U2aU U U U U N e, c0 ° r v) N � o Lk2 E2 L L (� O O O O :3 O O O O L N O L O O O �c0 CD L j LO u7 O O O LO LO LO 0IL s O N O O O N Q O .-. O 7 O O a .0 � o M� E -� o � o sEttl ° ` o •nm47- mom �iLv, crn c � ti E ° E Y � L � E o E � o ° a o � � Ua�io o .? � ° a ° a� a� ZZn` 41 m 0 ?� 3 c Z Z �- c m (D 0 � omo wa0'io N ° � Q a ° c"Jn � � o � ai � a c off }. ° O � c c m � o m � o }, oW o !� o = mac M H � cn 3 3c aci � � = ac _ C U fU {.? o •oN ° oat o � c � HN E � cN o '0y (DoN J Ln a3im a> � a omo � ND is = za UU w0 0 .. U a = a mza d � 1 J c N a { ! 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U W U LL U LL N v CD � r v� O N � o EL L i L LN L N 0 0 C -C O O O O L C oo L C M OT o o LO L o LO LO o T (6 T T N T T (1J CL U C CD coC O m M Z J U C N C 3 C N C i C L C C w (0 'p -0 0 0 01- > O ai 0 U N (a -' 2 M me. F- v� 0 C U m O x m a r +' U fl] C C a. a x -0 o U o y W a) V b4 43 'O u cA d O 0 O .0 m O r- 0 D N V N N c O ° � ` ¢ a) j> � � � Z � M m0m � ¢ � N 3 � V � 0° (D .N 3 a� � C � � - 4 � -0 - �� 3 0 = o o_ E 0 D 0 ❑ 9 C fA C fn O Q1 cn "O o L 9 L- 02 � N J L- nooz a) o w o > > a) o o u zap ami LL = a ,2as Oily 0a � 0U) = m = m = ¢ ¢ ¢ u.. a d V 0 W C I 1 W N N N (Y) N N = O O O O O co O O O a• c c c cnCD m cc Z Z 3 � ai c � a n� a`�i C1-4 Cc CLcM do do t co ON o o ` mQ ,� U3 OLU _0 O co {n ~ Fi L- (c O E N O "- mo Fu o C U U Uw QQU U Uti Uw U N a, r c O N o }. L L O O O .c O O O t t t O s t s O LO Lr) LJO O O O r O N O M� 0 �O G1 cmU) 0 e c � - o cn mm3 00M ;� � OE nZ EQ o ` C m = MH mm � m " _ m ❑ � ovi eM I U Z m c N E c occ ° •5 cc 0 iri ? Um 0CL a c c � o > ccc cm fl. c a? CL � ¢ Z - o W Q Z y E (Daci a o Q0) Z .v9 c .` � � Uc U cc GJ to O O co 3 C 0 0 O 0 0 00 0 0 v O Q x m s m c`G N w w C ¢ N M U � � m 06 ¢ w � � � � � = cnFaots = za V i •— a V a i 1 O r >� V C � 7 rn rn <r p a s 00 c O co O =O a C; a) G GL c c c c Z c W 0 0 0 'Do 0 Z O 0 r+ c d o a c p t 41 = a) O O ro O ro O h ++ c a I Q N E c 0 a i r � UUUU U � ' v, O d r a0i E N +; m � r c r !2 �� 2 N t a1 e Q � � c •c a) U.*w Q. � E o E CU :3Q o L N 0 0 0 a) �, 0 a 0 L Q) N = Q LO O (D Q O a) O 13 w 2 ' CL r- L u) .2 c a p � m a 3 c a� C 0 W a) -0 v 0 � N c CL E c� N g -° ` B O O '�j d 0 0 0 c 3 c ) p ` 0 c H 0 N . i .� 0 0 ZM O c 0 -J O C o c H a 9 ' 0 O N 0 U � c = m 0 'm 0- D a� t L c o 0 v, E v 0 � o 'a � '� m 13 CL 0) a4 a) 0- 00 � N 0 °a) 0 cc m m"= a) -o J o f oZ N d moi° Z ;� _ cn LL is pars b 0 ❑ b 0 s C= 20 m c 0 -- a o 0 Q m r p (� a CO p O c Z y L m V N a v ° -� m b m 0 0 c_ a CU U c �+ W } ` W0 V m Oc W c 2 cc � a zV g = Z -0o °0 0 3 a d Z °' z i 00 co � = o o O cv V ° Li ya c � � = ° CD a� G E OV CD d o .� c <1 0o Q G O N ZN T CL m Q u, M 0 Z Eo acv 0 , N U mC. 0 Q E < ^ Q L ,O C d �' E +� C -+ O ¢ � c � WU _M = N V Z 3 W H O J 2 CL a ° (D N ID o � a� 0 o c ( � iL � c o � ¢ c Mo �. oU � i CL U) z o � 0 3 .00 O � oN oc .. (L) Ncc Ho � U i U o 3O ° z y a C: � ac ° ccccLU Q y 0 m 0 N0) y [p G Z O rn O 0 N L � C? = EY Q- C �N Lm 0 d L + y N N Q = Co 0 0 N LL Z Mn C0N d *,C C NJ G 0 � U, fN2J0 QI7p ° CQ C. O m Z °oG o m•J��(� d d CL C '2 D .0 0 ° w O tQ V O� 0 m d Q H0 0 d C U o *' ¢ > > � Q _ z a � � j C r 4) Q L.� d 0 CL < 0 Ma o c � � 3 pm LU � 0 0) o 0 �a � .0 -C c W c i ¢ 0 o E c a` a E ~ Z v a` zz j 4 �' O ca % r vj O N O ,xi r h � 7+ 7•, d -0N = � 00 0) 0 0 Cl) �0 }� N O 'j O 'j O O L m O N N � N 0 0) a) 0 m0 Q D Z o O c c o ° Q 0 CL O 0 C M v) U) L a) N a� N O N N t ,N c t E cED � U v i C O Q CO O N -0 =Y U � U •i t N 4) ' cr CN NOL � dU � mca� o00 � - oo � � CL Qo � � Wwwa` � oo cw � c � oroE o M U N A 3m C �+. � C N 0 = C � N ~ 0 N U O io � , U � '� c 3 '� v) o o O � ocroOCj U ° N � � crow 3 � �' � � � o -- o N v� o O � c � ro 'u1 � o O � cwcc � o � v� ° LL caro �, � :3 Eai �° a� C a w �' � N0 •-m O � CL cn D e w E � > � �° c a) � o }' Nn � co Noc N .Ea c) � o p ` ,C a ++ = Q O +�' N .O - W C (D a3 a N C 3 0 CL a w ' (D c EoQN v � L r M +. C C O V m a) O � LO a) 3 O L C N N C) O a) O C E O �� w a) C dy O O O C NC Z C O t U O V -0 o (ti a) c S O L) U CO c � � o °� ocua � o � aitf � o �- � 00 EN � � o G1 o € a o o c � -0 3 � M o o = �F. v ca o .� o c w p L E a) �-� a m ° c �° 0 °� ° ° L 3 0 Crhoc15 v O N O .N O ° a) -a N G O N j rn E N Q a CO N G1 -b 9 � � N � � � 0o a) -aEO a) a� � a' o � -v no D QH ° 2 U � � � Q � .� U Q Q H 0O H m a m O c E ro > a) O a ami w o J LL U a c o c r 0) E m a) c L) O {..� o E o Q c •Z ;r LL (1) 0) C- O (1) C C "O O N ;2J O N L) N 2 0 c W O Q O C G CD a) O p 0 � H c a) o L- E o *' H U U OCD On- ❑ H o .H >, h O N CL 41 N Cp (a ~ d Q Do OQ oQ o � _ y�/ C I.I.. L cu L to O pct U O m Cu M '3 N U 0 m d V1 L �' E t' QC m0 = Q i>, � y 0 .- d y` a cO N ^� 4� O }I � y (�"5 CL E f• O W Q = m 0) r o 'c s G CN otSd a� w. d (L) c O m + w. � 0 CD N ami CL ave (44E Q o v ca O � O O - Q N y v c O d C y 00 Q F N O3U) 1.0 N -0 O CD F 0 O . � N = �E � O te L . d CL -0 I O is 2 C N w C'_7 Q d •` Q N N Cu CO N u� t! N Q1 i Vl C U L b N O O V ?i co lQ 11� O G1 N 2 C U .- N = O (� 0 9 G .S Qa Qm3C � L-, Ddu = Q c G C� LCr) oN � a0 Q .c ° It_ o m C� � � ami am36- E E 21 2 p co m E -2 — m t ib +. m V O o }, O E o c m w Qy36. O d }, � c � w � o m mem � y { a=i (D D N a. .� lz LU o c O J OC i G Q N cLa r z ° U r d = cui � Z • Q J a r N o ai c o. a� N � O N c � o I L CF) NO t a o CO � a E N Q N O L N c N c a (G ro c c y CL 0 O Q cQ Q c Q Oto N c U d tf6 a a ou > a) t c o c o 3 .E O o O 4-- O N O U) (d L N � U d) c L +_ L O L O 0 d) x o O O O O p N U E ICI c d) qj a) » a) (� C f V O_ O 0 L i L me L c Cl) d) +� Q d O ❑ O p N L N L N N = �' U F i N a) N +. �. t r.. O (d (G nl Q o o- 0 � o a) -o o o a� co U N c a} N } C L j} O � 0L L cE O -ou 0 O (DN Yu (D a) a) -0 a Co O L a) aE 0 :3 CO aO a) L O O — m (D L cl N L Qac)N QN O > p> j N 4 O U a) m Z Zj O OC Ct o CSC El N L C C ,a)-o QL} CM a E ' Ec a 3 � x a) aio `� o v a) a) c °o °a) ai E o a +O+ Q � 0 =3 rn Q) O Q O v LQ ao O } U CL CL 0 C14 CL 0 N y m 3 J 4= i C O O cp �'`• cU o (Y) a) V1 ` p U L) N m O �+ �.. c = NCL a) a t 0 Ur CL d M U 'a h � o N m a a � L r oC7 � � c � -o '~ o L o O t U) J is a CL 0 }c ,?' a °? 0 +, a c V a) O O -0 " a) O -p -v — v O cn ti � ro � � n � o O a O afro Ncm E o N LL s c r p c � o v d � r0 � `J cL c i cy 0o � O N o O v N o o �� � � d m 00 o N O a) o N _ C7 ch v a cu a % — a U E ' o U1 0 OU O C c E 0E _0 O N Q a N O. O fp = O N a) O C U CL a) E Q.V CV O E � U �� Z j C6 C � d _ 0 G! o 0 N a) y sn a Cl) �. O y yC j c G1 0 � v ova c400 '� o ro > '� � °� cu C ry e � E o w � o Q a) Urn a L s °� V O 3 c C� �' 0 0 o � m N o'E � � � o � � Z � a ' N c =O C t a) E W J O �' v O 0 f,c cD ` — y Q O L T- }' r � � U � o J Z 3 .F3 L-Z �. s m o (�• o f J c c vi cv $- O � ami IM L - O a) GLR - o ca �,o ❑ � � a Qa � � ca Q �, i O o'Pi o � a � a�i U w a) a) �+ E 0 m c C 4 d J as y J OCY) fC cD Q U r fC C 2 C a) v U � m O �' ❑ a) °) — O � tZ } D o O C)LfC � C J o) O 0 c O O .r a Z O �- O V c ' c c ,9) J r CV Oa) � � aUa) Z a L U 7 Cf) ° C U O U E N t. (} o a o r °o LO LO O +, L (fl CL N fp C a) ® U 'D > O U r E O +' O clqc o y r EE ` m Q O ❑ m 7 ^ f6 d) UJ O � Ql � N _ n- U ° U t.. m O J � U O E y O y N t _ ca O CL m ,tf o b 0) `o sa� (D c> � ai ° a 0 oE a) L L- L ai LE O Q ° O ° '2 ,N a) o , cca >, CL (L D "O O U U C O -a .y T'. °- E Q v L = 0 IE5 E 1 N Z N 01 a) w ti E N C " o r ° I a o co .c L. aV N �• p O y N �+ r O" V1 f6 tiD M ~ cn N C E •N O " cn 0 Z L N � C Z Z L ❑ - E C �� C O E a) E : `- N N ' a> ('') (D +' 7 a> Vl N U0 9 '� L E E I O N m �+ U (D co -p a) (0 (fl (O C Oma+ r L Q CD O 0 a) r Q� 1 N (D y Q) ` N Oa E N O U) r : N (ti -p Q r a L r C cu N CL w m C c N m3 d) L. OCL o -a4CL CL; U U � -u � �C OO ^p �E p � O O N mO °' �y Q7O oar o O n � oa } CL CD c( • L JZ- E CL i a te ® vi 0 o h o � rn ca ui r O rn° ° �j O C .. G1 c_ tg J a� r, Z ZON E �N E :3 U 1 Z o N 'v CL a � v_r ea O o ai Q U a) 3 E ° ° O � � c o o � u � � � w vi 0 cn a) f° r• a o '� cn adi M aa) w cn 5 m `- (oil as U b D `a '= f1) 0 a a- u f Q o m Li Z 0 Z o � + O L O (D = U V > O L C Z p to V d L _ ca Od �+ 0 O 0 0 N N m a Q y " 0 4343 (n 7 v 0 = N d Q L0 . V 0 'L a a E U ti O c L t N 3 c t mo E � O 0 O 3ytCL M vl O dy r, n ca t G1 m �= d o O o .0 N +, N W v .�- O a t 0 '� E O E t a t G) ,� ` ` O O N L Q N y v 7 H N a o t d O O -� y .-. V N U) L N O a 3 0c o L O N (D C L O d o (b N I c O E N d t CD G? ti -Ov d N � N0 CL CL G v0 N U) ui o .c N 0 0 0 C w 0 0 o f cc z r`'' "- a 0 0 m � o f WQ yd u 4.1 o +� o � H tm n i qEj cn N N v La 5 E + N .-- 7 +p+ a) ++ 1� a L N O 0 aNi ° t c N • N y ; L- o v, L v O v a) fir. LD a CD0 •^ � a 'i m � I CL c d o o II C O D N p o- a? = c y t O W v ELO i CL O C O O Z = CL CL N m r o T 2 a� aoi a c H d 0 =_ O a c O o • U) c • �, C1 o t o 3 o L ai E 0� 0 GNi 3 E o o ' o � m = � a ,c �n E N a -a L a p d !� y7.1, 0 GL) t m 3 ° c ° c L C"L �' a c cn o� a `� CL 0 L fl O Q 'd N 4-- Q O- o � o z E ° 0 = 0 0 � � ~ o a> E cu � � � E o 0. 0 c� � .o a 'C cc c v °- CD ca o = '' Q' °' E C� a> 0 5 aV � +� a) c is E a � c a po (D c`c ._ G •0 N o c _ CU O O L O L = " `r- CV C O (V J CV ¢ = a c� a 0 Z V LL: � Q o0 c 4 _ O > C 1023 *; co w w o0 3 o 0) '~ L c c O t a N 0 = m C. 4)) w 'y C'— � ai CU N '0 m "e� v p m C- O U ea (D `� >,+F N +� 0 S6 L- 0 m c CL 0 2 'C = > Ccu cu ,•L ++ 0 ` L 0 — O) O N V O a fA '0 N N 0) c w 0 ' 0 i +O+ L O C. N L . M C' '� I-- `� ` •0) "L 2 c Q) ° U ° v a O N 0) = L O ca w 'a � 0 CD— M 0 ;_, a N N O N 'O ° 0 .2: O =_ ED 0 0av v p W .- .-c = 0 4" O N c C a 0� •� CL a r O d ` M c cL� a 0 "N L � ` Ncu L) � 75 r, _ 3 E 0 CL c cu c ,fh �, Orta d 0OL o d C r C. o � -ate CD Aar aa, � � _ � ;_, � �, � o > 3 � cD °' c 3 y Q C.Q a � a� c `� >+U c = ocn N2 � •3 T- 6n CL o CoN }, 0 �. O N � Mt cu 0) 3CoU -OOt t u 0 0 N t� _ _3 ], N _ ~ C O O N C N 0) ` fA U "N L 7 v ° O o m C.0 0 L �, O .a = M .c C. N CU a 0 = c ,C E V A L t cc N C. eti �' o N 0 4. •0 O N V v 0 H tea) Zyp ,O � L — `a c.i Nca� = 3 - U •` v70 M k O E N •N 0 — C �, 4) •c 7 = r O CL 0 O O 0 rte' 0 O 070 N °) c c — d N C. Vj O -0 � a �= U c c 0 " p fes/) s N -0 cti -0 +.. 19 =0 U) H t > .03 O. o � � c°� yL � 'acU `—,,tiN o £' ,L = AN LL ° '�, ` w ,N c L c •2 � O Q � M v p U M 00 13 R cu Q. 'a 3 ; v :5 C.'0 C O N C -a 0 c p m 0) O p "r+ 0 a i CL N N 'a X 0 0 0) N O Q Q C o dCL a 0 cu� '.� 4- Cf Co 4a "L N c L CV U C.CD > N p U j 0 V C. 70+10 O = ° c O O v y w '0 +�V cfl T 7 = CO 0 Q. JE Q = a ° � � L � � Q'Lo _ � "� 'ate — � (' N •` c`u 41 O V 01 o C _�' Q ° C. a � +L' f/l E N1 2 0) p d +� "N O v N N 0 m N ;a ❑ 3 .a N t c v a 0 r N p o '0 eti C. ` *+ O c +-' c� N O O 0 0 o y H �'w �, O)L p d c0 ❑ p N 0 - '_ cu `o ai v U N 2 •C > C. 0) C. ' co a '+L-� w 0 t '� c 0) O 3 Q `a O �a c = 3 = cu w L j cU v 7 O ,� cu(D tIrd F' C 'a ~ O C. y O M .- (D 0 of O 0) Q C. 2 C}4. V +0., Q: w cm •0 a m.y C .=Y H 0)w 7 U O uJ 1. vs C. .E CD u d ° a � _0 () Z p f Q N ° a) ❑ i y4) : S a Cs 3 U v co 3LL L � � w c N c o = CD s L K 4- "= cc a ❑ E O C tm 0 cac O N a o v2 cam• a c t� of cc �. C-- a CD Q O EW U a, ci a L _ L S O L N O yvyC 0 QOa� C y .2 OO a d N v via CL :3 = is O L m � N > +�+ a� c o a L o co NC C L CD �- N O O CD N Y cc N U C +- N c N a a asto o Y Y N a C7 a) a) O O O a) cc "� _ a) a) O OL 0 :3 ° C CO O 0 m a O °, ° m J � s`dcwc °' a Nvi Z � O n s � � 3 -0 p � � c o ? _� o ccami a o mw- � � E -uY 'ear 3 N U a a 0 r(D W °n v g o a ca N a a .%;-, >% O O N O O O U d m + cc Q) (� (� L H E w N U •� .L-. .� L > O Lcn yr O O 0 CD a) CD LC c� = c� ® ® ❑ ❑ ❑ a i o i CL a� c� c � C N ao , o � N > fr- o CD N o 1 L E O L N 0 r" N J C7 � w a� as U i i 1 I ui O aD oU `< o0 a.0 c� o Q o :.,CoN Eco vy Q�Q a -o O w o p � 3 u ctsZ � w, c c w- 03 > If co ami ro c° U i .4 m T" VO a v CL o gb y � 0 C cu 1 "U O = V cuY E c 41 O M O 0 L N `X O° TG cLC � ,( �� U N D a U O r�•r _ L O tE O r -0 +• O U CL +, to c coQ d 4 Q O G) (4 d3 n O Y O V O O O Co _ O O o ` er a o cam y v C o O ". . (3O =N 41 dt N i b C U 0 m .. co `� �,� ca ` � m 3 aDW o ai O Z CD cl Omo UJ m p 3 _ rm � CK ELL Tp E CL LU a o 0% Q. A � 2 O D 'G d .0 Qa v) v� O y C O c 'L. Ua) asvjo dC 4.O Ca O O 0 O � a) 0 CL CD as � ` n E oCa=i c � o � . CO 6 U OCD Ea) 4. N a)M t H p a p = ,� m O p � 0 a ,c z 5 � Q o � C N a ° o CO O o y � 0 c_ y fJ r' o 3 Ub ca E = N p dO (Do ° O ' o d LN � C h v U Z N C El Z U j N O q p c ca p d � E L N Oi c` caz �. N C Q a C O 16b ° L C d N CL 0 H a CL co � aEi c°n °u' b ani � 1 — O N O N ca '0 ILI O a) _ OCL D cu U C cu L- C �, Q) (UO O Orj) a Q) N w +. ri)C CL L Gf O- C ' E p � O O y ca O QU >% ac pb M ;>- co Z a) a> V = N !E .o NO Or 0 o� o C'3 •=' c g ani , y b z ct3 C = U to o 0) co -a c CL tm Ir 0 CL • CL as n a) — ; o ZZ ca O U § -50 0 c to C ro a) ❑ L t o ti caa V ' � H >,vnc E p ❑ cs3 O c cn � 'Rt Mz � � o o-a v a U O ❑ > = CD J W0 .oU O 0 CL N ,0 d J 4 N C6 O z y d � 41 Q1 = Z °' o w o 0o d z a ca z ci o ro ,� w s o v a ro aai v o I 3 ar � � a) U y ci q G ) C G o +» 3 0 N (D G h Ca a) 0 -0 o ro .0 'G 2 I o w o o- (D v a �' ro Q o a) cri -0 O ro 2 -0 CL o of G o +y Q O 'o o O L G 2 yCLca Qca 2 ate) 3 ^ v a) m oma CL N o `tsa L.. 2 � � y C. +» G m C. () G a) o � row �; o,o � `o co w w row m o .0 o '� QC ro o v Nv m v u Ouyy QQ+r' � ¢ O N w c0i w L o t C. C V ,G ,C w d �,C v a v O CL N mw o Q u d a o W Q E u = %- ZLu0)o N L) GC COEo Qa ) vv ,�ro ai cn ro LN 7 cny Ow OM u E � 3 � ay G a� w � b SCO c� k = o E ,mss m ro ow y 4s O O. o .cN � q � U a � Q � V Q a r_ p O G L Co oC a V o C p c C 4s E LP 'o y > (D a) a V 'G G E O W Z w E ] E _ C- 7 2 r w p a V O C, Q. E ' Z tm C cc y'cc 0 � H ,y Q `� V G G d -D (t a) C a) ° Q 4) C 2 C C 4f 0 C O C > O R, 3 0 N 3 - m w �° � � L. m H m a a) oyE �ia ro o G �_ � _O _ - a) u O O cmc Q C o O H O f0 � ,,, ,� o m (D (D C'J � ` ro �' � m = � Q c' o V � � '�° sQm m � a) i O GJ Cl) V;, :,� 41 ro C Q + 'C �� C L J o 'E N .N = `3 G d o w o q ° o of COH a) L-E ,� o pL 0 4 o � Z c i o �. CD Lu Q- E j Q w v p y c N .N V H .� O -)e Q cn w O a ,� t 0 .y t •L � o '� N 4) •L C W 7 € 7 c ++ O -0 0 0 L L v - a C 75 y Q 0 t 0 0 m. N r •� E 0 U H G o CL CL .O n J r/ cd .N O O E _ 0 Q EC)U 'O d c d QQ -° E m 3 _ tit 0U) LU3 0 C Tot m2 Co c � X � o N a`) o M OD o00 w •� � 0 N w O O O O O L ° d .O E +L. d O ,c E o 0 0 0 0 0 � am0 � 0ai � 3 N E � � mLOCyO ° ° �''' c ° .� � 0a N Q y 0.;m s m L N y •a Q •C = OZe as dQ Lo o E ° > OEUcct ° 4-jU 0 m OD CY) m Cr) - j L O a> .� O = p Cl 0 0 0 0 m qa; Er yV c y O �' � �, C •� 0 Q) a c E a) 0 � EU L L v> > L 1 O +' L 0 d a .° .� L U c Y° •0) ' ° �' 3 c i y ? cfl t p tq a) c O N c 0 3 VC 0 U a) a)L U ° O 0 O W ~ bA N a) 0 L y +0, {� a •y 0) C y (!� a) Vy_J Q 7 Ql y 'E •V C to �� p d a w E •° E ;� ECE E � ro � (aE � o0 � a) J � 10 H ° E � EEE '- E E � ° aa.c ° °'� ' CL o a) 0 -0 o c o 0 a) 13 v 'v '0 0 ro U � UQUuj UQ .� _ � O � 0 0 1. EQ)+�+ a) .O W � C C O � 0 CD CL 0 'ya. t Q� p ° c C Ac .2 "L +�+ C � U C y 0 C O ° 0 C W v o 0 y 0 Co _ ° o E Z N CL E O � i "> O = _ — N ° E 0 E > > �, O U y L L cfl I y Q 'O (D W Q Q Q 1 a CLW E N tm 2bf a ® o O Q U U p Q d) W M p N ❑ ❑ ❑ ❑ ❑ z r .a ❑ CD I a� E N o f E a p C CL o p U Q �O .0 — a) r N r � 7 > CD 4tja� w (D o ` 3 E `� p Z E E E .c N c r 0 0 0 aLL U U U LO CL U Q} N p m E fit N O Un c L (V p L fg C E o O p L to ? cn a _�J E +' v }' E c o 'E -0 v m ® ® ❑ v� fq •N C C C (D vy d p1 a1 ca � 3 C W . N C U} +J O N r � O E Z ❑ ❑ ❑ ❑ ❑ c� n/ J N pCL m m Q C :3 Q+ c E 2=d a C E o CD N = fn m g 0 c I p ,� � � a a N � p Q E o o CD C a VV N cca C � pIL U DoE 0 .r p fq d y C Q Qy d U C U) +' G C v p (� N .0 Y N O t d p C '++ O L U j ld m p Y 7 0 � ca "� N C- E C fn Z � � � a ra ON Y 0 -J c�a N N U NE:C 'C E: Ib = fti f0 Q N m Q W o CO CL W U) I 2 @ @ It 2 % ! � § E | �� P § > } Q o kCL r CD } o f m m m § > >._> _� ? 2 0 � 2 � cu b r O ) 2 C114 _ / 2 § 'E % CD 'a § $ g 2 . . ^ o 0 0 0 Q 2 0 d q O cu ( t E m .E % ¥ 7 0 (D 21 � � 0 _ £ o ■ 0 E 7 \ co 0 � � � } � 0 § 0 kc � Mk m § CL too k > 2 L. § .§ E o o � E c n a- E m c E o k k -0 S 2 § - ' o ƒ & � § 22 � £ § k � � k 0 cu c u — 2 E @ E A-_ 2 .% / § m k / � � / § � \ CD £ [ U -5 2 0- 2 2 a c@CDa � k0 t 0 CD ± 7 (D o � � � k i � - - 3 ■ £ : c� E � z 2 S CL E � V 2 O � � � G CF) CD d G CDd U k k k O CL § § a) \ 0 0 0 E c t § § b d 3 ° (LL? § § 0 @ ^ tz � k \ >, / CL c CL� ■ /0 M � � k22 ■ ■ % O R 2 22 22 2c 0m § 7 CD § CO) 9 q % q 7 q 2 / � ƒ � mCL R UL UL 0 L « U Nu � U ' r � { O � . 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X 0 0 +� C 'O N O V ro � C 0 U O _ ( y O iY +. N O t0 C U U) C O U N C U N C O 0 C = C �-- cn J N = O I^ C J _ 3 C V N '0 U a c ° O C .-. C N Q E O O C O O ) O N O � - v 3 2 r}n aci a � � 0 � � 3 � � c � 0 ° � J (0 U) � Q = zCL UU1= W � UIYV USF- � U � v 00 c O j Q E O � I I- a) ti ti r- [D ti r- ti ti r LO r r r N r O r r r i�0 O m [O P- CD O O r O O Q Q O CL C U � � oE ao U) U) U) Q � N U) U) U) U r _ �Lo O U U U U2ILU U U U U N to � r � O -Cl N o e E2 iN 7 O D ZI Z) O O O L N O O O O r t s O - U') LO O O O LO LOC) Lf) 4. 4 � O Q O .. O O O CU) C7 � `� �_ C � C a aE o -0 -0C E --- O 2E O c 3 O .0 C C L - O C U) m p U LL ul C p (� O Oa a ` $ U � O � 0E p Z N Z rn C 0 2 3 C m z a Z G �k N ter. 4) Mo -- bq a T) C O U)� C D 0 O U OO N � O WOa ` C V C N p C N O C +' O O O ~ O C O N C N G a� morn 3 � U) °� � a�i � � Ewa � o � 3a � J N w m N a a a o 30 N cn N Z: IL 2Z0 UUHLU O O .. 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Q+ a O O O N D O j O N U ..L 0 CL 3 5 t N m O N L DC T E 'C O Co? _ U U � o c cT E0ui m E C O E "a Q O N OC o _ N CD C ,O d CA d O N N a D L V a V O � d-V C ` O O O T fd N O } .� 0 N + O N ` U C I CD 'd O -a � C V1 N O E '� m0 C: 0 > ' � �3 c rower U T E p O O o N L O J O U L Z + 0 C O O C O C N C p C . U .- 0) -t o ` or, 0 � o Lv� Z L i p C`• ` V CD C uJ N J Z 3 -o ami �+ o a� o ca �,o ❑ a M ,� m o aO TN a �; a NM Q� N N o 0 O a -a CD f° a) CJ y a UJ' 0 c v� .rm CD � � cca c 2 � U a� E L c� V (L) O o U +. ❑ a� -c -r- - is ❑ O O L¢ C LL J O)o O c o 0 a _o a Q L � c .N P J r N 00) � 10NUo z c,i 10 Z � Q ❑ � .5 -a m a i L U N O w O E U N i a) L- CD 0 0 7 CL v N v) t o -0 Z m m O C Ga C O 'd a) o CL CD E 0O N ~ N E d L 3 c H OD cn m E a) -� a) H 0) m L m N J � y C) O N m t O Im N m C O mId cn O 0 0 L d C of a L `a om N ° a) li O L. �• d N cti 0 C U D 0 a'' •C d = O [fl L1 L1 > O y 4 Z p N d L C 0 o N N fl. 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The City of Tustin has a program for owners of historic buildings that can save property owners thousands of dollars every year. Through the City's Mills Act program, owners of historic buildings may be eligi- ble for a reduction in their property tax bill. The reduction can be as high as 50 percent or more, and is determined by the Orange County Assessor. Guidelines within the program include: • To participate in the program, owners must agree to maintain and preserve their property for at least ten years; • Mills Act properties may be bought and sold with- out penalty while the property tax savings are transferred to the new owners; • Owners are allowed to make changes to their properties, provided that the historic structure is maintained and preserved and all City approvals are obtained; • The property tax savings are highest for properties that have changed own- ership most recently due to escalated home prices; • Mills Act properties may be owner occupied or income properties; • The property tax savings may vary from year to year; • An application fee covers the City's cost to process the application and pre- pare the Mills Act Contract between the property owner and the City of . Tustin. Interested? City of Tustin Centennial Way T Community Tustin,CA 92780 }�Contact Cis Development Dept staff at 714 573.3136 T ORDINANCE NO. 1.479 AN ORDINANCE OF THE CITY COUNCIL OF THI= CITY OF TUSTIN, CALIFORNIA, ADDING TUSTIN CITY CODE SECTIONS 92528 AND 9288a7 AND .AMENDING TUSTIN CITY CODE. SECTIONS 9222a5, 9222b2, 9223a7, 9223b2, 9224b1, 92.4448, 9252j2, 92639, 9264b, 9297, and 9299b1(i) RELATING TO ACCESSORY DWELLING UNITS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. The City Council finds and determines as.follows: A. That on September 29, 2002, the Governor approved Assembly Bill No. 1.866, which amended Government Code Section 65852.2 to facilitate the provision of affordable housing throughout California. l B, That on Septernber 27, 2016, the Governor approved.Assembly Bili No. 2299, which.further amended Government Code Section 65852.2; and Senate Bill No. 1069, which also amended Government Code. Sections 65682.1, 65583.1, { 65589,4, 65652.1$0, and 66412,2, to facilitate the provision of affordable housing throughout CalRomia. 3 s C. That Assembly $ill No. 2299 provides that any existing accessory dwelling unit ordinance that does not meet the requirements of Assembly Blll No.,2299 is null and void upon the date the bill becomes effective. In such cases, a jurisdiction must approve acoessory dwelling units based on Government Code. Section 65852,2 until the Jurisdiction adoptsa compliant ordinance. D. That, CalRbmia Government Code Section 65852.2(aX3) requires a krcai agency to consider accessory dwelling unit applications ministerially without. discretionary review or a hearing. E, That. California Government Code Section 65852.2(aX1) allows tical agencies to Impose standards on second units that Include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed on the California Register of Historic Places, F. That California Government Code Section 66852,2(aX1) allows local agencles } to designate ureas within the jurisdiction of the local agency where accessory dwelling units may be permitted. ;3 G. That on June 2 2003 in antis do of u 209 to ' n f pa n the July 1, 3, �mplemen tro o the newly amended Government Code Section, the Tustin City Council adopted Ordinance No. 1479 Page 1 of 12 i ra H, Ordinance No. 1271 providing standards for second residential units on lots of at least. 12,000 square feet in size in the Estate (E4) and Single Family (R1). Residential Zoning Districts, I. That the City Conducted public workshops an the subject of sownd re$�der►tlal units in Old Town Tustin on. February 20, 2013, March 12, 2013, and March 11, 201.4;, In response to the desire of many property owners in Chid town to have and rent second residential unhand accessory guest rooms in Oki Town, J. That on September 15, 2015, the Tustin City Council adopted Ordinanoe .Na. 1454 to allow second residential units of up to 500 square feet on <all residentially zoned lots in €tre Cultural Resource (CR) Oistict regartik" of lot size to provide more flexible standards for second residential units in rile OR District, K. That the size limit of 600 square feet In the OR [district Is based on the unique historic development pattern and character of Old Town and tttie size, shape, and configuration oaf many of ti properties and residences within; the CR District. Larger seGrattd (at ,seory) residential units with multiple bedrooms within the SCR Distrld, along wKh larger panting accommodations could compromise the unique character of Old Town, and particularly'its single family nelghbodxW L. That:the proposed code anwoment would: 1)continue to allow new aooessory dwdlllno. units of up to 600 square feet in size on any residentially zoned lot in the CR District r+egardloss of lot size; 2) allow new a0ces$ory dAlling units on sidentlal lots of at least 10;000 square feet in size In other residential areas of tthe Olty; and,$)allow new.accessory.dwelling units within existing .single-family dwellings and existing accessory buildings in all single-family zones, pursuant to State im f M. That on February 28, 2017, a public hearings wasduly noticed, called, and hold on. Code Amendnlerrt 2017-002 by the Pianning Corniinission.. N. That on.February 26 2017, the Planning Commission .adopted Resolution No 1 4337, and ir+eoommended that the City Council adopt Ordinance No. 1479, approving CA 2017.002 relating to accessory ctwellinq units, O. That on March 21, 2017, a public hearing was duly noticed, +called, and held on Code Amendment 2017-002 by the: City Council: P. That the proposed code amendment is exempt from environmental review I pursuant to the provisions of the Califomia Environmental Quality Act (CEQA), as found in Public Resources Code Section 21060.17, whir exempts, local ordinances regulating the construction of second residential (or aocesgory dwelling)units from CEQA. Ordinance No. 1479 Page 2 of 12 Q That the proposed accessory dwelling unit provisions are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. R. That. the proposed amendments comply with Califomia Govemment Caste Section 65$522. S. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and polices; Land Use Element Goal' 4 to assure a safe, healthy, and aesthetically .pleasing oommur►o for residents and businesses. 1 Housing Element.Goal 1 to provide an adequate supply .of housing to meet the need for a variety of housing types and the diverse socio-emnomic needs of all community residents. Housing Element Policy 1.8 to allow second (attached/detached) units in single-and mdlti-family districts consistent with the Tustin City Code. .Sect�__ion_2. Section 9222a5 of Part 2 of-Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined, deleted text in stri.ke")- Accessgn/ dwelling SeGend FesideFifia units subleet_to the_provistons set forth in Section 92M: : feet. feet,(b) Minimum building altw 12,000 square feet, (9) MiMmum side yard seiba& (1) Ma um floor aFea of seoend Fesidential un-C 10 peFGent of total lot- I area. i Ordinance No. 1479 Page 3 of 12 a , (k) Any seGend residential unit shall not Gause a substantial adveme Ghange ,. in the . . GonfoFming or brought into Oonfe aLm-te wlttl�. the Tustin City Code. of the PgrnaFy Single,family dwelling and ahall mt be visible- ftm the pubk, may; I • i Wopedy line, the sewnd Fasidential unit-shall be subject to t Section 3. Section 9222b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Accessory buildings used as guest quarters or quest houses, provided no cooking facility is installed or maintained .and no compensation In anyform isle received in exchan #or od in in-the guest guarters or guest house, subject to a recorded deed restriction.approved by the City, (a) Maximum height: 25 feet, (b) Maximum lot coverage: 30 percent of rear yard. (c) Minimum front yard setback: 50 feet unless otherwise indicated on Zoning Map. (d) Minimum side yard setback: � k Comer lot line: 10 feet; i Interior lot line: 5 feet. (e) Minimum rear yard setback: b feet. Ordinance No. 1479 Page 4 of 12 i (,f) Accessory buildings used as guest quarters orquest_houses_shall not be allowed on lots developed with an accesso dwelling unit, Section 4. Section 9223a7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout) Accessory dwelling SeGORd Fg;deRiat units (subject to the provisions set forth in Section 9271 ii - see Section 9252j2 for standards applicable to accessory dwelling seQGRd resideRttial units in the Cultural Resource District): (QFd. No. i 1454, See. 2, 9-15-153 (a) Maximum F ight, 30 feet. Aini ,�mTbu" ) ld4Rg Site; f$--fee4, . 50 peFG C� .-hn�e SeG^v'rti�d Fesidenfinl i snit: 39 OFGeRt Of re•a Int 11 Ainim, rn frnnf yard 6 aG : F� feet for deta Ghed unit; 20 feet tta Gh^rl ��� c�T-rsm-�c cv"� T� vr--a tcut�rcu uuFt: MiRiMUM ffent yaFd setbacklf"Corroff-s-tFe^.etping 50 feet. (g) Minimum side yard qtzfrvrns'vrr- GGFner-lot IiRe: interior int knw 5 feet, (h) Minimi im rear r,arrl setback• 5— A nu seGeR l rcnoirlenial unit-shall total style n tei-hat3-�'atfti_ i'^vrl'efnye-- r-rriinglefamily dwelling -shall'-"no d etranf from the nineappof the n,riFnarty �4j,efam4 (k) An seGeFi f residential unit Shall Ret Gauge a substanfial adder—se nhnnge � �rrT Any f��JGri�C7rtG riG a7[a GlTt'ICT'r t as defined in California PUbliG ReseuFGes Cade cSeGtion 50-2A1in the nignifirance of ear, real r.rnnerty th4 is llSted-� -th lifnrnin []nnintrr of J I Any second �eetia�- u°1 Ft .nhi 4 �'vc-c�a rs � �dTegeeRt te, the- a-r_.ngle family dwelling, which mall he GeRfOFM' seefe-w a e with the Tustin City GGd8. residential unit shall be is the-F88F Of the nriman, cin,nlo_familti� rluenllirrr. and shall nnf ho r,ie�ihle tram the n,,hlin right_ J Single tar I� Ordinance No. 1479 Page 5 of 12 r the seeend Fesidendal unit is built between the ��1 line, the secend Fes'denbal unit shall bee Section 5. Section 9223b2 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined, deleted text in strikeout): Accessory buildings (except in the cultural resource district) used as guest quarters or quest houses, provided no cooking facility is installed or maintained and no compensation in any form is received in exchange for lodging in the guest quarters or quest house, subject to a recorded deed restriction approved by the City. , (a) Maximum height: 25 feet. (b) Maximum lot coverage: 30 percent of rear yard. (c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map. I (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet. �! (e) Minimum rear yard setback: 5 feet f Accessa buildings used as -guest quarters shall not be allowed on lots developed with an accessory dwelling unit Section 6. Section 9224b1 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined; deleted text in strikeout): Any use permitted or conditionally permitted in any residentially zoned k; district is conditionally permitted in the Planned Development District (PD) r, (except accessory dwelling cep-end- rasidentia units are not permitted). Section 7. Section 9228x7 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): 7. Accessory dwelling units on lots developed with one 1 sin le-famil dwelling (subject to the provisions set forth in Section 8271'). Ordinance No. 1 479 Page 6 of 12 SectiorD8. Section 9244d8 of Part 4 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows(navy text underlined) 0. Accessory dwellinq units, on lots developed with one (1) single-family dwelling (subject to the_proyisions set forth in Section 9771 jj�. Section 9. Section 9252j2(aX3) of Part 5 of Chapter 2 of Article 9 of the Tustin City Code Is hereby amended to read as follows (new tent underlined; deleted text in strikeout): Accessory dwelling units trot within existing single- family dwellings or existing accessory buildings, subject to a recorded deed restriction approved by the City:: (a) Maximum height:25 30 feet. (b) Minimum building site; None.. (c) Maximum overall lot coverage for all structures combined: 50 percent, I (d) Maximum lot coverage for the accessory dwelling sawnd maidentia l unit: None.. (e) Minimum front yard setback: 50 feet, for detached unit, 20 feet for, attached unit, (9) Minimum side yard setback: Comer lot line: 10 feet, interior lot One: 5 feet. (h) Minimum rear yard setback: 5 feet, (.i) Maximum floor area of accessory dwelling unit: 60 percent of primary single-family dwelling, not to exceed 600 square feet. (�) The accessory dwelling seoond FeisWeAtla unit shall be consistent with the architectural style, materials and color of the primary single-family dwelling and shall not detract from the single-family appearance of the primary single-family dwelling. (k) The accessory dwelling unit shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California register of Historic Places or the City of Tustin Historical Resources Survey. (1) The accessory dwelling. 6eGOnd Fesidentialunit shall be constructed concurrently with, or subsequently to, the primary single-family Ordinance No. 1479 Page 7 of 12 dwelling, which shall be conforming or brought into conformance with the Tustin City Code. (m) All entrances to the accessory dwelling sesenresideial unit shall be to the rear of the primary single-family dwelling and shall not be visible from the public right-of-way. (n) When the new residential unit is built between the existing single- family dwelling and the front property line, the rear unit must comply with the provisions of this section. (o)_An accessory dwelling unit shall not be allowed on a lot developed with an accessory building used as guest quarters ora guest house. A maximum of one 1 accessory dwelling unit shall be allowed per �r building site. Section 10. The parking requirement for Accessory Dwelling Units is hereby added in Table 1 of Section 9263g of Part 6 of Chapter 2 of Article 9 of the Tustin City Code to read as follows (new text underlined; deleted text in strikeout): Outside the GUItWal Fesour-Ge distFlst: 12 gafage spaces per unit or r, bedroom. whichever is greater, in addition to that required for the primary single-family unit 'd o Accesso dwellingSewed �f rresideRtial units ddition to that required forprimaty single family unit B Required parking spaces for accessory dwelling units mater be tandems aces and within side yard and/or rear yard setback areas, but not blocking access to a required r garage parking space and not within front yard setback areas except on existing driveways. See Section 9271 ii for exceptions to the parking requirements for I accesso dwellin units. , Ordinance No. 1479 Page 8of12 cp i Section 11. Section 92648 of Part 2 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined; deleted text in strikeout): The adjusted decrease is not associated with the addition of an accessory dwellin_q seG nd Fasidentinl unit as authorized in Sections 92-2-2 and 922-3 n of this Code. Section 12. Section 9271 jj of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby added to read as follows (new text underlined): ii Accessory dwelling units (see Section 9252j2 for standards applicable to accesso dwelling units in the Cultural Resource District that are not within existing single-family dwellings or existing accessory buildings). -A maximum of one (1) accessory dwelling unit shall be allowed per building site. (a) Accessary dwelling units not within existing singe-family dwellings or existing accessory buildings, subject to a recorded deed restriction approved by the City (1) Maximum height: 25 feet. a (2) Minimum building site: 19.000_square feet. (3) Maximum overall lot coverage for all structures combined: 50_percent. .y (4) Maximum lot coverage for the accessory dwelling unit: 30 percent of rear yard and 30 percent of side (5) Minimum front yard setback: 50 feet for detached unit: 20 feet for attached unit. (6) Minimum side yard setback: Corner lot line: 10 feet. Interior lot fine: 5 feet. C($ (7) Minimum rear yard setback: 5 feet. (8) Maximum floor area of accessory dwelling unit: 50 percent of_primary f' single-family dwelling, not to exceed 10 percent of total building site area. (9) Any accessory dwelling unit shall be consistent with the architectural style, materials and color of the primary single-family dwelling and shall not detract from the single-family appearance of the primary single-family dwelling. (10)Any accessory dwelling unit shall not cause a substantial adverse change, P as defined in California Public Resources Code Section 5020.1 in the significance of any real property that is listed in the California Register of 5' Historic Places or the City of Tustin Historical Resources Survey. r NOW Ordinance No. 1479 Page 9 of 12 i P (11 )Any accessory dwelling unit shall be constructed concurrentl with or subsequent to the primary single-family dwelling, which shall be conforming or brought into conformance with the Tustin City Code. X12 All entrances to any accessory dwelling unit shall be located toward the rear of the primary single-family dwelling and shall not be visible from the public riqht-of-way. 13 When the primary single-family dwelling would conform to the development standards normally applicable to accessory dwelling units and the accessory dwelling unit is built between the primary single-family dwelling and the front property line the accessory dwelling unit shall be sub'ect to i the development standards normallya licable to the rima single-family i dwelling. (14)An accessory dwelling unit shall not be allowed on a lot developed with an accessory building used as quest quarters ora quest house. b Accesso dwelling units within existing single-family dwellings., or existin accesso buildings, sub'ect to a recorded deed restriction approved by the Cit (1) Independent exterior access shall be provided. 4 (2) Side and rear setbacks shall be sufficient for fire safety., 4` (c) No parking shall be required for the accessorydwelling unit in any of the following circumstances: 'a 1 The accesso dwelling unit is within the Cultural Resource District. 2 The accessory dwelling unit is within one-half 1/2 mile of public transit. ii 3 The accessory dwelling unit is within one 1 block of a car share area. (4) The accessory dwelling unit is within an existing single-family dvvelli_n or existing accessory, building. d All building code provisions shall apply unless otherwise exempted by State taw. Section 13. The following definitions in Section 9297 of Part 9 of Chapter 2 of Article 9 !Y} of the Tustin City Code are hereby added or amended to read as follows (new text underlined; deleted text in strikeout): "Accessory Dwelling Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or morepersons It shall include permanent provisions for living slee ip ng, N { Ordinance No. 1479 Page 10 of 12 eating^gook_ ing�and sar�ftation aria lot dvelooed with a legal conforming or lecial nonconforming-single-familydwellin and 9 anted nist have a mjalmum:rentalterm of thirty(30) daw "Public Transit" means bug o s with hpadAayg of thi 30 minutes. or Iess.,duHng peak hours and train stations, w' n Seaend Residential I Aamwnfo"iAq single-family dwelling. (Ord, No. 1271; See; Vill,. 64.03t Sectioaj 4. Section 9299b1(l) of Part 9 of Chapter 2 of Article. 9 of the Tustin City Code Is hereby added to read as follows (new text underlined; ,deleted text , .in strikeout); A decrease in the number of required off-street parking spaces for residential land uses by a maximum of one (1) parking sp oe, When an accessory dwelling seGoW rer>idenfial unit is being added under the provisions of Section 9222 or 9223, parking shall be in ac coroance with the requirements of this Code those-sestI ' . 11, 4-0 Section 15. Sectior192711 of Part 7 of Chapter 2 of Article 9 of the'Tustin City Code shah also apply to accessory dwelling units on single farnily residential sites within Specific Plan Area 1 (Marine Corps Air Station, Tustin, Specific Plan)and Specific Plan,Area 8 (East TusUn Specific Pian), I Section '16. if any section,: subsection, sentence, clause, phrase, or portion of this ordinance is for any reason. held to be invalid or unconstitutional by the decision of any court of .competent jurisdiction, such decision shall .not affect the validity of the remaining portions of this.ordinance, The City Council of the City of Tustin hereby declares that it vmuld have adopted this ordinance and each section, subsectlon, sentence, clause, phrase, or portlon thereof irrespective of the fact that any one or rr ore sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional, PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 40'day of April,201 y. i DR. ALLAN IB ERN T N S El , Mayor Ordinance No. 1479 Page 11 of 12 ATTE ERICA N. RABE, City Clerk APPROVED AS TO DAVID IDG, City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE ) ss. CITY OF TUSTIN } CERTIFICATION FOR ORDINANCE NO. 1479 Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1479 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 21St day of March, 2017, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 41 day of April, 2017, by the following vote.- COUNCILMEMBER ote'COUNCILMEMBER AYES: Bernstejp ,Murra�Z,G-m,-7,gllc:ko-ff- Clark (5) COUNCILMEMBER NOES: [c1 COUNCILMEMBER ABSTAINED: (LL 3 COUNCILMEMBER ABSENT: 1U ) i" ERICA N. RABE, City Clerk �f9 p Ordinance No. 1479 F Page 12 of 12 u $ RYDER TODD SMITH 1520 Voyager Drive Tustin, Ca 92782 626.536.2173 4 TRIPEPI, SMITH Irvine, California President November 2000 to Present Lead a team of seven marketing and communication professionals to advance the way organizations execute their sales, marketing and community engagement efforts. Service a wide range of clients, but with a particular focus on the local government sector. Build client base to 6o+ clients. Represent firm on panels at key industry events and lead training sessions on photography, multi-media,video production, social media use, infographics, "smart"cities and press relations. MAVENT INC Irvine, California i Senior Vice President, Operations May 2005 to September 2009 Responsible for the quality assurance,technology operations and internal infrastructure organizations. Built team of technology professionals to manage multi-site production environment at co-location facilities. Managed vendor relationships and reviewed all invoices. Brought focus to key areas, including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security. Developed and managed the departmental budgets for three groups. Vice President, Marketing August 2004 to May 2005 Managed the Company's outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule,conference logistics and internal employee communications. Developed and managed the marketing budget. Vice President, Government Relations February 2003 to August 2004 Monitored nationwide political activities that were pertinent to the Mavent's interests. Developed relationships with third-party interest groups that impacted the Company's product. Participated in industry conferences and represented the Company at industry events. Led sales presentations in front of large groups with senior executives of the Company. Developed and managed the government relations budget. OLYMPIC STAFFING SERVICES Diamond Bar, California Information Technology Manager January 2998 to November 2000 Manage and control all aspects of the technology environment at this five location 35 employee company. NORTHROP GRUMMAN CORPORATION Los Angeles, California State and Local Government Representative July 1997to December 1997 Work directly with Director of State and Local Government Relations to research issues of concern to the Northrop Grumman. Develop agendas to target upcoming legislative issues. Assist in lobbying work and development of testimony. Education CLAREMONT MCKENNA COLLEGE, Claremont, California 2992-2996 Bachelorof Arts in Politics-Philosophy-Economics with Dual in Economics, May 2996, Cum Laude i i i 1 Stephen V, Kozak 18272 Alexandra Place Tustin, C,4 92705-3252 714,227.5254 PROFESSIONAL EXPERIENCE AND ACCOMPLISHMENTS 2013-2016 Management ConsoAan6 Kozak Consultutg Group ■ Provide strategic,management,and financial consulting services to government and non-profit agencies and small business enterprises,including analysis of methods and Practices,project planning,policies and procedures,business plans,and administrative and operational improvements. 2014-2015 Administrative Services 011tcer,Family Assistance Ministdes,Contactor Planned and directed administrative and financial support operations,including budget planning and reporting,regulatory compliance,and audit coordination fox a homeless and hunger prevention non-profit agency with a 26 bed women's transitional shelter, and food pantry serving 3,600 clients each month in south Orange County, i 2012-2013 Financial&IT Samices Director,Municipal WmterDisidet of Orange County ■ Provided strategic leadership in developing, implementing, and sustaining: best financial. and business management practices including managing a $144 million annual operating budget and a$14 million fated income investment program, r Planned, organized, an¢ directed full service finance and accounting department, including budget administration, investment management, banking and treasury .operations, j procurement and contracts,and IT systems and user support. I 2006-2012 CluefAdministrative Offiirr, Children&Families Commission of orange County ■ Planned, organized, and directed administrative service support including program development and evaluation, financial, accounting and audit functions, contract administration, IT systems, procurement, and scheduling of administrative and internal � support services. ■ Managed a $46 million annual operating budget and a $120 million fixed income investment program,including portfolio benchmark performance evaluation and reporting. rt Prepared and managed strategic plans, annual business plans and budgets, along with KPI performance measurement,monitoring,and reporting. 2005—2006 Con&offer,Los Angeles Co un t7 Superior Court ■ Directed a comprehensive program of financial management, accounting operations, and revenue functions, including administration of the Court's $665 million annual operating budget, budget v. actual monitoring and reporting, revenue and expenditure forecasting, annual audit,administration of grants totaling$14 million,procurement,and collections. r Planned and directed development and implementation, of a new revenue collection, allocation,accounting,and reporting structure for civil court fees totaling$12 million annually, 2003-2005 Financial Planning&Budget Director,San Diego County Regional AirportAuthotity ■ Developed and implemented business and staffing plans, and operating budget for a new Financial Planning & Budget Department responsible for departmental budgets, capital improvements financing,grants,investment management,and treasury operations. E w Project Manager for development,acquisition,and implementation of a new$10 million ERP financial and accounting management information system,including cost/schedule planning, I Stephen Y, Kozak 18171 Alexandra Place Tustin, CA 91705-3252 714,2.17,5154 .PROFESSIONAL EXPERIENCE AND ACCOMPLISHMENTS (CONTINUED) 2000-2003 Financia!Manager,Budget,Debt&Tieasury,Los Angeks world Airports(LA WA) ■ Directed the Financial Planning.Division,including Budget,Rates,Fees&Charges,FAA Grant Programs;and Debt&Treasury Management activities, ■ Established and managed LAWA's $300 million Commercial Paper (CP) capital improvement projects financing program, ■ Planned, organized, and managed preparation, monitoring, and reporting For a $465 million Annual Operating Budget,and a$950 million Multi-Peat Capital.Projects Budget, 1994-2000 Financial Manager,Finance&Risk ManWment, Orange County Sanitation District ■ Planned and directed$440 million Fused and variable rate Certificates of Participation (COP)Financing program for capital projects,including refunding,and new money issues, ■ Controlled insurance and risk management programs for an asset base valued at$1.5 billion, r Initiated,implemented,and managed new 3350 million fixed income investment program and treasury operations function, ADDITIONAL EXPERIENCE 1 ■ Planning Commissioner,City.of Tustin,2006-Present ■ Citizen s.Advisory Committee,OCTA 2Q16-Present ■ Successor Agency Board,City of Tustin,2016-Present ■ Board Member,CSDA Finance Corporation,2012-2013 ■ Board Member,Tustin Community Foundation,2010-Present ■ Tustin Police Department Citizen Academy Class No,30,2010 EDUCATION ■ M.B,A.,California State University,Fullerton ■ M.P,A.,University of California,Riverside ■ &&,Political Science,California State Polytechnic University,Pomona ■ Community College Instructor Credential,Public Services&Administration ■ Certified California Municipal Treasurer,(CCMT),Cal Municipal Treasurers Association E E E AUSTIN J. LUMBARD austinjlumbard@gmail.com linkedin.com/in/austintumbard (949)584-2092 EXPERIENCE Fluor Corporation Aliso Viejo,CA Project Manager/Prime Contract Manager Apr 2016--present Administering prime contract terms and providing oversight for a program of nuclear projects. Responsibilities include negotiating terms and conditions,providing contract summaries,administering project contractual obligations,mitigating project risk exposure,optimizing cost and schedule savings,implementing change management processes,and negotiating subcontracts. Previously responsible for executing multiple small to mid- cap refinery projects and for developing capital efficient strategies to leverage Fluor Technologies into long term engineering,procurement,fabrication,and construction relationships, Klein&Wilson Newport Beach,CA Litigation Associate Alar 2015—Apr 2ox6 Represented sophisticated clients in complex business litigation,real estate,contract and professional negligence matters. Frequently appeared before courts throughout southern California and conducted and defended depositions. As a seasoned negotiator,led clients through complex discovery processes and advised on multi- million dollar settlement agreements. Fluor Corporation Aliso Viejo,CA Prime Con true tManager Aug 2014—Apr 2015 i Managed the negotiation of a $1-2 billion engineering,procurement,and construction contract. This included drafting contract language,analyzing risk profiles,and face to face negotiation. Acted as the coordinating interface between in-house counsel,local state counsel,client outside counsel,and the project execution teams. Sales Coordinator Mar 2013 Aug 2014 Coordinated pursuit of complex oil and gas engineering,procurement,and construction opportunities. Worked closely with in-house counsel to draft contract language and mitigate risk. Analyzed strategic opportunities, clients,and markets to maximize market visibility and profit. Managed technical and commercial proposals. Contracts Specialist SelA 2011-Mar 2013 Negotiated and administered engineering,procurement,and construction sub-contracts,including license agreements with domestic and international technology providers. This experience included leading procurement of over$400 million of photovoltaic modules while navigating Chinese price dumping tariff impositions. United States Army Judge Advocate's General Corps Monterey,CA Legallntern Jug}-Aug 2010 Counseled military personnel in legal matters such as civil law,estate planning,landlord/tenant law,tax, bankruptcy,immigration and naturalization law,and military administrative law. Los Angeles County District Attorney's Office Los Angeles, CA Law Clerk-Preliminary Hearings Unit Jun-Jul 2017 Law Clerk-Major Narcotics Division May-Aug 2009 Assisted prosecution of high profile felony drug charges including interfacing with law enforcement(investigators and undercover officers),reviewing case files,and drafting Fourth Amendment briefs. Special assignments included authoring a marijuana prosecution manual in the context of changing state medical and dispensary laws. I� I AUSTIN J. LUMBARD austinjlumbard@gmail.com linkedin.com/in/austinlumbard (949)584-2092 OTHER EXPERIENCE City of Tustin Planning Commission Tustin, CA Commissioner Mar 2073-present Appointed city official advising on capital improvement projects,permit applications,design guidelines,land use, zoning,and planning. Project highlights include the development of the Marine Corps Air Station at Tustin- parceling approximately 1600 acres of government owned property for public and private development. Orange County Transportation Authority--Citizens Advisory Committee Orange County,CA Committee Member 2017-present Appointed to committee responsible for identifying opportunities for community input,serving as liaisons between the public and OCTA,and participating in roundtable discussions. Advising on a broad spectrum of transportation projects,studies and outreach activities. I Orange County Sheriffs Department Orange County, CA 1 Reserve Deputy 2012-2015 Served as a uniformed peace officer in support of full time department operations.Duties included interviewing and screening department applicants,patrolling major events,search and rescue efforts,and as-needed support. i Orange County Board of Supervisors Santa Ana,CA Legislative Aide May-Aug 2009 Served as a legislative analyst and constituent coordinator for Supervisor Patricia C.Bates. Drafted memoranda i regarding county policy and administrative procedures and interfaced with senior staff on various matters. i Fluor Corporation Aliso Viejo,CA Procurement Specialist Jan 2007-Aug 2oo8 Managed sourcing of project material and equipment from inquiry to field delivery. Negotiated supplier contract terms for high value critical path equipment and materials. EDUCATION Indiana University Maurer School of Law Bloomington;IN Doctor of Jurisprudence Other: Executive Editor-Indiana Journal of Global Legal Studies;Trial Competition Champion;National Trial Competition Team;Moot Court Written and Oral Honors; Spring 2010 London Law Consortium i i California Polytechnic State University San Luis Obispo,CA Bachelor of Science,Business Administration Other: Financial Management Concentration; Minor in Economics;Minor in Political Science;and President-Lambda Chi Alpha i i LICESNSES & _CERTIFICATIONS • Admitted to State Bar of California(2011) • Admitted to U.S.District Court Central District of California(2015) • Graduate Orange County Bar Association College of Trial Advocacy(2015) • California state Peace Officer Standards and Training certification(2012) AMY KAVANAUGH MASON 13791 Grovesite Drive I Tustin,CA 92780 1 (310) 254-6407 1 amykavanaugh@outlook.com • Strategic,entrepreneurial and hands-on communications executive with more two decades of agency and in-house experience building and guiding engagement teams for global consumer and technology brands.A trusted advisor to C-suite executives and brand leaders, led internal and external communications for several high profile brand turnarounds. Proven expertise in developing integrated communications strategies and initiatives that drive sales, brand equity and growth. Leader of more than 150+high profile,insights driven and award winning product launches and service offerings for a variety of brands and organizations Including Apple, Microsoft(MSN), Netflix,The GRAMMY'S,the Motion Picture Association(MPA),Starbucks and Taco Bell Corp. Expertise in reputation management, narrative development and brand storytelling;developing and executing executive thought leadership platforms;digital,social and traditional media engagement;internal and external stakeholder and influencer relations;issues mitigation and crisis management. PROFESSIONAL DINEEQUITY I Glendale,CA $98 global quick service restaurant with more 7000 restaurants around the world SVP Globol Communications$ Insights 7/2016 to Present Recruited by CEO as key member of the executive team responsible for building brand reputation and increasing overall brand insights and advocacy for IHOP and Applebee's restaurants around the world.Lead research and insights;corporate affairs;brand communications;executive thought leadership;media relations;employee,team member and franchisee engagement, Primary lead of cross-functional teams that oversee crisis and issues mitigation, events,community affairs,and sustainability. TACO BELL CORP. I YUM BRANDS I Irvine,CA $98 global quick service restaurant with more 7000 restaurants around the world Chief Public Affairs Officer 6/2013 to 7/2016 Executive Director, Toca Bell Foundation 1/2012 to Present Vice President,Public Affairs and Brand Engagement 6/2011 to 5/2013 Recruited by CEO as key member of the executive team responsible for building brand reputation and increasing overall brand advocacy. Reallocated existing resources to build integrated internal and external communications and public affairs teams to protect, promote and defend Taco Bell. Leading corporate affairs; brand communications;executive thought leadership;social influencer and traditional media relations;team member engagement. Primary lead of cross-functional teams that oversee crisis and issues mitigation,events,community affairs,sustainability and ongoing purpose driven work(food quality, ingredient transparency and simplicity;education and youth employment.)Executive Director of the Taco Bell Foundation. Four direct reports and 22+ employees and management of global PR agency of record. Highlights include: • Increased communications transparency,authenticity and relevance new approach to listening and engaging with stakeholders via digital,social, mobile and traditional channels; launched and provided leadership of the Taco Bell Newsroom made up of nearly 40+cross functional content creators developing real-time brand content and story-telling across all earned and owned channels. • Developed and executed S0+ break though and award winning integrated communications campaigns including 50th Anniversary, Doritos Locos Tacos,Cantina Bell, Breakfast, Mobile Ordering/Payment, Live Mas Scholarships, ingredient transparency,Cage-free eggs, among others supporting 4 straight years of same store sales and transaction growth. • Led numerous public relations firsts in area of social engagement, leveraging emerging channels(eg Twitter, Periscope and Snapchat)as a means of driving visibility and recognition for marketing innovation. • Reimagined, re-launched and sustain Taco Bell internal communications portal to better engage Franchise Community and 175,000 strong Team Member engagement and engagement initiatives. • Visibility and outreach resulted in numerous awards and recognition for the brand including AdAge Marketer of Year(2013), Hottest Digital Marketer(2013, 201S),3 Cannes Lions recognizing Public Relations,and most recently Fast Company naming Taco Bell to 10 Most Innovative Companies. • Conducted first Yum-wide Corporate Materiality Assessment to determine future issues and risks brand may be facing in future; developed and launched proactive mitigation campaigns to increasing concern by consumers and opinion elite regarding employees(education,treatment)and food (safety,additives,sourcing, ingredients) • Initiated and extended ongoing engagement with key regulators(CDC, FDA, local health departments), policy makers(White House,Capitol Hill),and advocacy groups(CSPI, Humane Society,etc.) • Expanded Taco Bell Foundation fundraising from $4MM to $14MM a year, establishing it as one of the largest teen focused 501c3s and extending scholarships system wide to team members and local teens, as well as supporting teen serving organizations across the country. EDELMAN I Los Angeles I Seattle I London I Singapore World's leading independent communications morketing firm Public Engagement Chair 1/2011 to 5/2011 EVP, Global Client Relationship Manager,Starbucks 6/2005 to 5/2011 SVP/EVP, Digital, Entertainment, Rights& Technology 8/2001 to 1/2005 Served in a variety of senior roles at Edelman,the world's largest communications marketing firm, leading several high-profile B2B and 132C brand reputation campaigns and crisis engagements. Highlights include; • Envision and manage Digital Entertainment, Rights and Technology practice(headquartered out of Los Angeles office,with expanded practice areas in London, NYC,Seattle and DC)new practice P&L and capitalize on the proliferation of consumer technology,the accessibility of the web,growing demand for entertainment content across digital channels and the emergence of social media platforms. • Day to day lead and manage global teams servicing established and emerging companies and organizations including Gemplus/Gemalto, Microsoft(MSN),The Motion Picture Academy, MySpace the National Association of Broadcasters(NAB), Netflix, Recording Academy(The GRAMMY'S),the Recording Industry Association of America (RIAA),Starbucks Entertainment and Warner Bros. Home Video. • An integral part of the development and execution of:MySpace initial corporate narrative,working with Chris De Wolfe and Tom Anderson through rise and acquisition by News Corp.; motion picture industry's anti-piracy efforts(Rated I for Illegal)and ; member of communications counsel to MPA president Jack Valenti. • Tapped by Edelman CEO as one of 6 founding Global Client Relationship Managers(GCRM)to serve as senior counsel to Starbucks leadership team from 2005 to 2011 and expanded the firms reach and influence from two US offices to becoming the global Agency of Record and overseeing the work of 100+professionals, in over twenty-two Edelman offices around the world. Additional highlights include: f • Primary and day to day agency counsel to CEO Howard Schultz and Starbucks leadership team during execution of transformation agenda from 2007-2011;Strategic corporate and consumer branding counsel,financial communications counsel, executive thought leadership,employee engagement;traditional,social and digital media and influencer engagement;new market entry planning and research;issues and crisis mitigation;and event management across the Americas,Asia Pacific, Europe,the Middle East and Africa. OHGOLLY.COM I HIGHTOWER TECHNOLOGY I Newport Beach,CA Industry's leading provider of e-Commerce enabled,click and build websites for small and medium business Co-founder/Vice President of Marketing 1999-2001 Acquired,repositioned and launched this click and build website in 1999 to become the leading eCommerce solution for small businesses. GEMPLUS(Now GEMALTO) I Redwood City,CA industry's leading provider of e-Commerce enabled,click and build websites for small and medium business Director, Global Marketing and Communications 1997-1999 Recruited by CEO to join leadership team and help build awareness and understanding for smart card technology in the US and emerging markets;team efforts resulted in building a$150M business in 2 years and focused on the convergence between smart cards,the Internet,cellular telephony, network security, portable software applications and mobile payment.A division of Gemplus SCA, now Gemalto$2B),the world leader in smart cards. 2 SHANDWICK-GOLIN HARRIS-HI-TECH PR(Now GOLIN) I San Francisco I Boston I Sydney B28 and 82C Public Relations Agency Vice President, Technology Accounts 1996-1997 Recruited to serve as technology practice lead and lead Digital Equipment Corporation turnaround. Responsible for identifying, staffing and resourcing teams across the network of offices and affiliates. Identified,trained and hired communications experts in the technology field.Opened firm's first Boston office and established technology teams In Singapore and Australia. Managed and staffed other key global accounts including Hewlett Packard and Tektronix. APPLE I Cupertino,CA industry's leading provider of e-Commerce enabled,click and build websites for small and medium business Power Macintosh Public Relations 1994-1996 Responsible for the global launch and communications of all Power Macintosh products.Served as media support and spokesperson for eWorld, Apple Newton and Powerbook products. SCHLUMBERGER TEST&TRANSACTIONS I San Jose,CA Industry's leading provider of e-Commerce enabled,click and build websites for small and medium business Marketing Specialist-Manager 1989-1994 EDUCATION f)f3A��LOR 01= ARTS � 7,98J � UNIVER�I`fY �?F,CALIF�RI�1A,:'�bNTA�B�IRBAItA x � x S j Major:Communications Studies Member Board of Directors at Discovery Science Foundation 2012-Present Tustin City Planning Commission—March 2016-Present National Board of Trustees at Boys and Girls Clubs of America 2013—2017 100,000 Opportunities Initiative Member,Strategic Oversight Committee August 2015 to January 2017 (http://www.100kopportunities.org/Volunteer Experience) I i 3 1 7 3 RESUME OF JEFF R. THOMPSON 415 West 6th Street, Tustin, California 92680 • Cell: 7141231-62 70 FAX.- 7141544-4846 Email: thompsonconsult(a u.net Linkedln:Jeff Thompson December 2017 Key Skills • Team leadership/management implementing infrastructure and building programs/projects totaling more than$2B for Rancho Mission Viejo,Walt Disney Company,and City of LA. • Civic Leadership and Outreach as planning commissioner for City of Tustin; member for OCTA Citizens Advisory&Environmental Committees;ULI CRC Council Member; former board member of LA Skid Row Central City Community Outreach and MESA/MEP for CSULB. • Public agency leadership as city engineer for Los Alamitos, Villa Park, and Mission Viejo; Chief Engineer for Garden Grove Sanitary District; Prop. K Program Manager for City of LA. • Teaching and Presenting for ASCE workshops on sustainability and development (2014-17); UCI,Cal Poly Pomona, & CSULB guest lecturer(2013-17), and private water board(2014-17). Education HARVARD UNIVERSITY,CAMBRIDGE,MA 2016-2017 Real Estate Management Program—Finance,Design, &Leadership Changing the Game Negotiation and Strategic Decision Making UNIVERSITY OF SOUTHERN CALIFORNIA, LOS ANGELES, CA 2011-2013 Master of Business Administration;Awarded Beta Gamma Sigma Honor Society CALIFORNIA STATE UNIVERSITY,LONG BEACH, CA 1981 - 1989 Master of Science in Civil Engineering; Outstanding Achievement Award for thesis Bachelor in Civil Engineering;Awarded Greatest Distinction Experience Vice President Development Engineering 2005-Present RANCHO MISSION VIEJO,LLC, SAN JUAN CAPISTRANO, CA Ranch Plan implementation for the historic lands of Rancho Mission Viejo-comprising 6 communities for 14,000 dwelling units and 5.2 million square feet of commercial uses. Responsible for: • Comprehensive planning for water systems, sewage conveyance, roadways, state highways, power supply, renewable energy resources, telecommunications, and community land use including developing cooperative agreements with public agencies. • Implementation for engineering design of infrastructure resulting in construction of over 15 miles of roadway,pipelines, and utilities integrated with community development. • Obtaining over$100M of federal,state, and county grant funding for over$200M in projects. • Executive Director for Mutual Water Company; formation administration with a team of legal and technical experts; managing riparian water and infrastructure for domestic and irrigation uses. Program/Project Manger 2003-2005 WALT DISNEY CO.-DISNEYLAND RESORT,ANAHEIM,CA • 50`h Anniversary celebration—managed renovation for facilities within the Disneyland Resort such as Walt Disney's historic apartment,the railroad system, city hall, and security check. • Facilitate planning and logistics for daily attendance of up to 100K guests and 20K vehicles under Resort Guest Services, fleet management,and guest relations with initiatives for special events. Program/Project Manager 2002-2003 CITY OF LOS ANGELES & UNIVERSITY OF CALIFORNIA,IRVINE,CA • City of LA$1.4B Prop. K management(via Harris&Associates)reporting to City Engineer for rehab and construction of over 60 community recreation facilities. Developed scheduling and Resume of Jeff R. Thompson Page 2 reporting system for city financial and document control system. • UCI Medical Center$50%1 facilit% c.xp;ansion and replacement of university hospital and trauma center including platuaing, dchi4,ra. l I11.A. and construction f')i ,vice utilities, central energy plant, traffic circulation, real estate acLluisition, central park_ �1nd FIK 111oditications. Senior Project Manager 1997-2002 WALT MSNE'N' CO. - NNIALT DISNEY INIA IN'LLRING, ANAHEIM, CA lnfrastlucture implenaerlt<ttion for S 1.-413 Disnevlanal Resort expansion, including: • Design and construction uaana,1cinc:nt ti)r Doanto%%n Disney, utilities (SCT, City,PacBell, Gas Co.,Navy Jct Fuel Line, etc.), Disncvland Drive L1,: Disney Way roadways bridges, I-5 connections, oy er fit) hruperty acquisitions, landscapc, security sN Stcnas_ Back-of-House building reconstruction leveraging over$lOt);19 in public bund iinancinti for)150M of improvements. • Supported 10,000 parking space eximnsion of Resort parltiin, lots. • Collaborated with City of Anaheirt7 officials for permit approvals, inspection,and acceptance. Project Manager/Deputy City Engineer/Engineering Services Manager 1995-1997 CII2"M HILI., SANTA ANA,CA Contract project manager for Walt D1,ne% Inaa incerinw and City Engineer for the City of Los Alamitos; EnLYinecring Services Nlana(�er for 1-4 miles of dcSi,rl build with Silverado Constructors for the Eastern Transportation Corridor As.,,cncy SR-241 toll road, responsible for permitting with local public agencies. Design Engineer through Senior Vice President/Consulting City Engineer 1955-1995 BI;RRYMAN & HENIGAR, INC.,Santa Ana,CA Various responsibilities ineludcd plan check review or project management for public agency improvement projects tier street:;, hitiha ays, water, sever. and drairaa,e inaprovementS. r%dniinlstcred master plans ofdraina�c 1,01- ,t�-'cncics throtl,-Ihotrt Califi,rnia. Contracted as ChiefFn(-,inccr tOr (Inn-den Grave Sanitary District and Citv h;n!gincer tsar Los ,Alamitos. AMission Viejo, and Villa P,rrk. Nlaiiaoed Ci,i I Fn0111ccrilig and Field Survey Services; Oran c L.�� C'�,unty of f ice rt7�lnat,zr With ON Cr l HO staff.. Professional Registrations — Citi it i:n,incer: C.1. and 11 :V. Land Strr�C� C'A: State of California Emergency Management :Agenc% SA tv sscs;mcnt f'roI-mini i fOr Disaster Response) Community & Civic Activities 2016 -2017 i OCTA Environ. Cleanup .Allot. Com 2015 - 2017 ULl National Comm. & Retail Council 2007- 2017 Tustin Planning C'ommiss'1011 2ctCt - 2017 OCTA Citizens Ad%i,. Committee 2002-2009 Board Member ot'C.=entral Cit ' Outreach 2002 -2005 Church high Sciaool cOunsclor 1999-2004 Student Prog's King-Drew Med. Unl%. 1998 - 2005 Asst. Coach for baseball &, snob all 1995 -2001 Church Married Couple, Leader 199-1 91 - 1999 1 CSULB MEP Student p1-0(-1rtarnS 1989- 1997 Tustin historic ResourccS Cornm. Avvards 2012 .ASC'f-. OC Land Dev. Engineer of the Year 2011 &2015 OCBC Partnerslu Avg yard 2011 &21116 ASC 1 Pro . :Achicv. S- _ACLU Excellence 2009 OWst:inding Renovation fL)r 1878 home 2000 ()C'l:.C: Proj. Achiev. & ASCE Proj. of the 2001 OCE(' Outstanding Fiiguncering Merit A`era r ResjeFl 71212 Tustin Elizabeth A. Binsack 18398 Martin Lane Huntington Beach, CA 92649 582-592-9223 (H) 794-573-3031 (VV) PROFESSIONAL ACCOMPLISHMENTS ■ Over thirty years working In the public sector with community development, land use planning, historic preservation,building safety,environmental review,and community outreach experience. Ability to develop cooperafive relationships with elected and appointed officials, community leaders,the residential and business communities,co-workers, and colbeagues within the devebpment Industry. ■ Responsble for planning and development entitlement historic-preservation planning, and code enforcement for a developing and established city. ■ Execufive team member for the WAS Tustin Base Reuse Plan,Executive Deader for the MCAS Tustin Spedfic Plan Amendment,the Downtown Commercial Core Plan and the Red Hill Avenue Specific Plan,and public and private redevelopment projects. ■ Achieved State Housing and Community Development certification for the City's Housing Element. PROFESSIONAL EXPERIENCE I E COMMUNMY DEVELOPMENT DIRECTOR January 1996-Present• ' City of Tustin Responsible torthe leaderstdp and administration of the Community Development functbn.for a diverse Orange County city with a population of 82,000 in I I square miles. Manage a 25-person departrnent,which Includes:advance,current and environmental planning;building plan check,permh issuance and inspection; code enforcements historic preservation planning,and Community Development Blocic Grant(CDOG) management. COAWUN17YDEVELOPWWDIRBCT"L4L.DING OFFICM J*1992-January 1996 PLANNING SERVICES MANAGER J*1991—July 1992 Cly of Los Al"os Responsible for managing,directing,budgeting,and administering aU programs and activities related to current and advance planning;building pian check,permit issuance and inspection;Community Development Block Grant administration;and,neighborhood preservation and code enforcement ASSOCIATE PLANNER Septernbaer 1989—June f 991 City of Dana Pahl Researched,prepared and presented reports for land use development entMements.Including coastal development perp t3;developed and reviewed information for inclusion in the City's first.general plan and zoning code;and managed the Community Development Block Grant program. Charter staff member for a newly incorporated city. EuzABuH A.BiNsAcK PAGE 2 of 2 ASSISTANT PLANNER 1 AND A May 1988—September 1989 City of Comma Analyzed and prepared reports and associated environmental documentation for land use enNements;and conducted developmerd plan review meetings,plan checks and inspections. PROGRAN ANALYST August 1987--May 1988 UrRed States Department of the kder*Long Beech Evaluated marine mining programs and lease operations; prepared envlrowartal assessments;acted as federal liaison with the State of Hawaii for the Joint State/Federal Manganese Crust Environmental Impact Statement project;conducted legislative analysis;and prepared Federal Register nWces and press releases. PLANNING ASSISTANT—INTERSFIiP August 1985—May 1987 Cky of , Ohio Assisted in the development of an amendment to the Historic District Landmark Ordinance;conducled held research related to the pmservation of sbgnificarrt structures;assisted wfth reports for consideration by the Historic Architecture Committee;and,assisted the business and residential communities by pmvidag i guidance regarding the certiftkate of appropriateness process. SURVEY RESEARCH ASSL&W AWAt 1985—May 1987 Norman J.Fogg,Ph,D.,Deay k n,Ohio Assisted with surveys conducted for the Montgomery County Human Services Department;the Montgomery County Parks and Recreation Department the City of Dayton,Ohio—Offoe of Management and Budget; the City of Oakwood;and the University of Dayton Research Institarte. EDUCATION HAS TER OF PUBLIC ADMINISTRATION Callomia State University, Long Bach BACHELOR OFARTS,POLrMAL SGENCE.HMR,ENGLISH Area Concentration: Pubrrc Administration University of Dayton MEMBERSHIPS AND APPOINTMENTS Management Oversight Committee—Center for Demographics and Research,Vice Chair,Past Position Orange County Planning Directors Association,Past President American Planning Association Urban Land Institute City of Huntington Beach,Historic Resources Board(May 1990—.lime 1998) PIER Group—Persons Interested in Reconstruction of the Huntington Beach Pier,Volunteer Thematic Riding Center of Huntfngbon Beach,Volunteer REFERENCES Available Upon Request, Elaine Dove, AICP, RLA 17501 Marker Drive,Tustin,CA 92780• Phone: (714)337-6311 Elaine_Dove@att.net Summary A unique blend of experience in the public and private sectors as a Planner for municipalities and a registered Landscape Architect. My experience in public/private arenas has given me a unique perspective on working with the public. As a paralegal, I honed my skills in analysis, research and writing. I am a strong believer in continuing education and take advantage of opportunities to improve my knowledge and skills. Experience February 2017— Present City of Tustin Senior Planner Evaluate complex planning applications for land development or use changes including CEQA analysis and preparation of reports and presentations to decision makers. • Preservation Planning including analysis of proposals for rehabilitation and adaptive reuse of historic buildings and Cultural Resources District. Provide guidance on developer, business and residential inquiries related to zoning regulations, General Plan compatibility and design character. • Draft ordinances. Review and approve planning applications and building permits, including Certificates of Appropriateness for historic properties. establish conditions of approval, and draft environmental planning documents. Coordinate planning activities with other City departments and outside agencies September 2012 to February 2017 City of Fullerton Associate Planner • Evaluate Planning applications for land development or use changes including project and CEQA analysis, interdepartmental coordination, preparation of staff reports, and presentation to Planning Commission/City Council Recent projects include four residential tracts, multi- family housing, affordable housing, and preservation/conservation related applications, and Zoning Code amendments. • Assigned as Preservation Planner for Community Development Department including analysis of proposals in preservation zones and historic downtown for compatibility with Zoning Code, Design Guidelines and Secretary of Interiors Standards; responsible for landmark designations and preservation zone overlays; presentations to Design Review Committee and Landmarks Commission. • Consult with applicants and potential applicants about process, applications, zoning regulations, General Plan compatibility and design character for development projects. • Provide staff support to Council-appointed Energy and Resource Management Committee. • Coordinate and track Planning staff workflow in relation to Permit Streamlining Act deadlines. • Perform peer-related review of work in progress and provide input on zoning code revisions. • Plan check grading, building and landscape plans on planning projects. September 2010 to September 2012 City of Fullerton Assistant Planner • Drafted Landscape/Water Conservation ordinance. • Met with architects, builders, homeowners, etc., regarding City Planning and Zoning process. • Analyzed projects, prepared staff reports and resolutions, and made presentations to Design Review Committee and Planning Commission for development projects; conditional use permits, variances, subdivisions, etc., and conducted onsite inspections before and during construction. March 2009 to September 2010 City of Fullerton Planning Technician • Provided full-time Planning/Zoning customer service at the public counter, including property research and analysis, plan checks, zoning verification letters, and excellent customer service. • Supervised two interns • Responded to inquiries in person, via telephone and in writing. Elaine Dove, AIM RLA April 1997 to March 2009 David Volz Design Landscape Architect/Project Manager Project manager for design, construction documents including technical specifications, and construction management for public parks, streetscapes, and community centers. Supervised design and clerical team. Prepared project budgets, coordinated schedules, responded to RFPs & RFQs, site plans, design concepts/construction drawings. Drafted technical reports (master plans, design guidelines, strategic plans, feasibility studies and General Plan update). Conducted community workshops. Education 1998 University of California, Irvine Gert. in Landscape Architecture 2012 CSU, San Marcos Environmental Leadership Academy 2014 USC School of Architecture Heritage Conservation Course CSU, Fullerton BA Communications, in progress Professional California Department of Consumer Affairs Registered Landscape Architect#4828 Memberships American Planning Association American Institute of Certified Planners May 2017 California Preservation Foundation Community City of Tustin, Parks & Recreation Commission 4 terms, including Chair & Vice Chair 1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 12, 2017 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Smith Present ROLL CALL: Chair Smith Chair Pro Tem Kozak Commissioners Lumbard, Mason,Thompson None PUBLIC CONCERNS CONSENT CALENDAR: i I Approved the, 1. APPROVAL OF MINUTES—AUGUST 8, 2017 Minutes of the August 8, 2017 RECOMMENDATION: Planning j Commission That the Planning Commission approve the Minutes of the August 8, 2017 meeting, as Planning Commission meeting, as provided. amended. Motion: It was moved by Lumbard, seconded by Kozak, to approve the Minutes of the August 8, 2017 Planning Commission meeting, as amended. Motion can•ied 5- 0. i Received and 2. CONDITIONAL USE PERMIT 2017-07: STATUS UPDATE FOR THE filed, KARAOKE MUSIC STUDIO AT 14561 & 14571 RED HILL AVENUE On April 26, 2017, the Community Development Department received an application to extend the karaoke music studio's hours of operation to 2:00 a.m., stating that the business was unable to attract customers due to its inability to stay open until 2:00 a.m., similar to other karaoke businesses. At the public hearing on June 13, 2017, the Planning Commission unanimously approved an extension of operating hours for a karaoke music studio located at 14561 & 14571 Red Hill Avenue to 2:00 a.m, The Planning Commission requested that staff report back to the Commission in three (3) months to provide a status report on the business operation. This is a status update of the karaoke studio. i RECOMMENDATION: That the Planning Commission receive and file this item. Minutes--Planning Commission September 12,2017--Page 1 of 14 i PUBLIC HEARING: 3. CODE AMENDMENT 2017-006 (ORDINANCE NO. 1484) INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING Code Amendment 2017-006 (Ordinance No, 1484) proposes to amend Article 9 (Land Use) Chapter 1, in its entirety, of the Tustin City Code (TCC), related to Incentives for the Development of Affordable Housing, to bring it into compliance with new State law. The City Council last updated Chapter 1 of the Zoning Code in 2010. The proposed amendments retain existing provisions compliant with new State laws and amend those sections where necessary to conform to State law. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4348, recommending that the Tustin City Council adopt Draft Ordinance No.1484, amending Article 9, Chapter 1 of the TCC related to incentives for the development of affordable housing (density bonus). Dove Presentation given. Thompson Thompson thanked Dove for the presentation. His questions/comments generally included: if City standards might be exceeding the City's regulations (i.e. the City of Tustin does not have densities more than 25 units to the acre); if the City applies some of these regulations in a very strict way, there is potential in getting into 30 or more units to the acre which is more than what the City is accustomed to dealing with; and he asked if the City has the ability to regulate that kind of local control or if the State has taken that away from the City. 3 Willkom Per Thompson's questions, Willkom referred to the State Density Bonus Law and stated that the maximum density bonus percentage is up to 35 percent, j However, the City has the ability to grant additional density on top of the 35 percent, which is at the discretion of the City Council. Smith Smith asked for clarity regarding the 35 percent and if it could theoretically take the City over the existing 25 dwelling units per acre standard or limit what the City currently has now, WiIlkom Willkom confirmed Smith's statement previously mentioned. i 3 Binsack Binsacic added that the Amalfi and St. Anton units did not exceed the 25 dwelling units to the acre. For example, St. Anton might have received higher concentration of affordable units as well as other concessions. Thompson Thompson asked tf the City could still regulate 25 dwelling units to the acre o has the State taken that away with all of the legislation. He also asked, within the proposed resolution, if it is the City's decision to add to the State or is it all for the State's compliance. Minutes—Planning Commission September 12,2017—Page 2 of 14 r Binsack In response to Thompson's question, Binsack stated that the City cannot limit 25 dwelling units to the acre if a density bongs is requested. For example, if there was a request in one of the city's higher density zones, which would be per the City's R-3 Zone, and if a developer were to request a density bonus over and above the 25 dwelling units to the acre, and they met all of the stipulations of the ordinance, the City would not be able to deny it. Willkom In response to Thompson's question on compliance, Willkom stated that there are certain sections within the ordinance which currently exists in the Tustin City Code (i.e. requirement of a housing agreement) which was added by the City. The City felt they needed to be in agreement with the housing provider to guarantee the continued affordability. Kozak Kozak asked about the length of term for the housing agreements. Willkom Wilikom stated that the length of term (minimum) is 55 years. Lumbard Lumbard asked if staff looked at whether the regulations cost the City additional money to implement. He referred to the discussion of regulations from the State and whether cities can handle implementing these programs. Lumbard also asked where the funding is coming from. Binsack With regards to Lumbard's questions, Binsack stated that the direct costs would be difficult to identify. The indirect costs may be significant (i.e. the City's infrastructure—water, sewer, police, library services, etc.) because these higher densities did not anticipate impacts to those services. Also, the first desired concession is typically a reduction in parking. Binsack added that the other"cost"could be an impact on the quality of life. Lumbard Lumbard added that this is going to cost the City more as these types of developments, If approved, will have more people living in smaller spaces and that the demand if puts on City services is going to increase. Mason Mason asked for clarity regarding the application and if there is an aspect of this that mentioned having these units available separate from the development being discussed. She also referred to land being set aside for foster care facility (i.e. Orangewood Children's Home or senior housing) and if j the City is able to apply the density bonuses to those units set aside from the development they are creating or if It is part of the development. Mason then asked if the City could create incentives for veterans, seniors, low-income in order to create higher density versus putting the incentive within the unit. i Wilikom Per Mason's questions, Willkom stated that currently the City's ordinance states that the affordable units have to be on-site with the exception of when it is a partnership between a commercial development and residential development. Mason Mason referred to the Tustin Legacy and asked that if there is a commercial I developer, if they could designate an aspect of that development, and if it would still have to be within the development. Minutes—Planning Commission September 12, 2017—Page 3 of 14 Wilikom In response to Mason's question, Willkom stated that if it is a partnership between commercial development and residential development, the residential component (affordable housing units) could be on a separate site. Smith Smith referred back to St. Anton and Amalfi developments where there are affordable housing units provided in a separate location under the partnership arrangement Willkom referred to previously. He asked if there were recipients of density bonus when referring to the senior housing apartments near the fire station at the Village. Binsack Per Binsack, the City considered both the Grove and the Square as part of one (1) development because it was the same master developer and there is affordability throughout the two (2) communities and the senior project has a higher amount of lower income affordability placed within it which was approximately 51 percent market rate and 49 percent affordability (or vice versa). There was also transfer of some units and the developer did receive a bonus and concessions as part of the larger project. Smith Smith clarified that there are low-income, very low-income housing spread throughout the City's developments, all of which have come about through a contemporary land use policy from the State and RHNA's housing guidance. He also added that the policy has been nicely integrated within the City's planned communities and other surrounding communities. 7:29 p.m. Opened/Closed the Public Hearing Section of the meeting. There were n public comments. Lumbard Lumbard's comments generally included: local control taken away from Tustin; communities that want to avoid higher density housing may start downzoning density in order to avoid the impact which is opposite of what the State is trying to accomplish; the City needs to help address the housing crisis; the City has opportunities to implement higher density; and the affordable housing goals and intent are good but is frustrated with the lack of local authority to shape what the City is doing. i Mason Mason's comments generally included: shocked to see the cost of a median i priced home in Orange County and the requirement of $150K down payment on a home; the City is not creating a sustainable environment in our community; proud of the work the City has done in terms of affordable housing; the City is in a good position to expand in some of the new community developments to address this in a meaningful and creative way; and she was in favor of the mixed-use in the amendment as well as adding foster youth, disabled, homeless, and veterans. i Thompson Thompson generally agreed with his colleagues including the sensitivity of all groups previously mentioned having help with housing; he was frustrated witts the way the State mandates affordable housing; suggested that the C consider ramifications in how the City looks at development land us 1 regulations structure and knowingly have these significant bonus additions; suggested the City retract densities so as not to change the character of the Minutes-Planning Commission September 12,2017—Page 4 of 14 community or consider regulations that put the City more in control of what we want our community to look like while accomplishing the State's objectives. Kozak Kozak's comments generally included: affordability and supply of affordable housing; excellent presentation; concems with what the community will look like when dealing with these types of issues; needs to be better balance between local and State; and he agreed with the recommended action. Smith Smith reminded the Commission that this item is dealing with legislation that was passed in 2016 to take effect January 1, 2018. He asked if the City had reviewed current legislation inSacramento regarding housing policy and If it dealt with density bonus.. Smith thanked Dove for the presentation and report along with integrating into the Tustin City Code. He also reiterated some points his fellow colleagues mentioned earlier. Dove Dove's response to Smith's question was that she has not seen any new legislation but there are several in the works, in particular "future affordable housing" legislation, Mofion: It was moved by Mason, seconded by Kozak to adopt Resolution No. 4348, Motion carried 5-0. REGULAR BUSINESS: 4. WORKSHOP ALCOHOLIC BEVERAGES SALES ESTABLISHMENTS The purpose of this workshop is to provide a brief background of alcoholic beverage sales and consumption regulations within the City and explore opportunities to modify alcoholic beverage sales regulations based on feedback from the Joint City Council/Planning Commission Workshop held on February 21, 2017. RECOMMENDATION: i Proposed Code Amendment Conceit • Require a Conditional Use Permit for on or off-site sales establishments • Require food to be served at all times at on-site sales establishments • Reduce the square footage requirement from 15,000 square feet to 10,000 square feet for off-site alcoholic beverage sales to establish without a Conditional Use Permit. • Update the distances separation requirements: o Remove required distance separations for new on or off-site sales establishments from other existing on or off-site sales E establishments, residentially used or zoned properties, places of worship, private schools, parks, playgrounds, clinics, hospitals, health care facilities or convalescent homes. o Maintain required distance separation for new off-site sales establishments 600 feet away from public schools (K-12). Minutes—Planning Commission September 12,2017—Page 5 of 14 o Maintain required distance separationfor new on-site sales establishments, 1,000 feet away from public schools (K-12). • Allow establishments to open until 2:00 a.m. with conditions tha allowed for reduced hours if noise or security complaints are received. • Allow recreational uses to serve alcohol in conjunction with an approved use. • Allow alcoholic beverage manufacturers to have ancillary tasting rooms. With direction from the Planning Commission, staff can begin proposing amendments to the Tustin City Code that will implement the vision desired for the type of environment created for alcoholic beverage ! availability and consumption within the City. At a future date, staff would return to the Planning Commission with an Ordinance for the Commission's consideration for recommendation to the Tustin City I Council. i Aguilar Presentation given. Binsack Binsack's comments generally included: mentioned the City Council and Planning Commission workshop held in February and the Commission's Sub- Committee and City Council meetings in order to seek further direction on notification; there are broader stipulations being brought forward to the Commission that were a result of those workshops, but have since been refined; as for public hearing notification, Binsack asked the Commission there is going to be a significant reduced requirement or if they are going t suggest lifting the requirements related to alcohol beverage establishments, with individuals living within close proximity to commercial areas; and she suggested there be more of a direct mailing in order to inform the public of a possible ordinance amendment. Smith Smith commended Aguilar on the presentation. He asked the Commission for commentary on the agenda report, specifically, the bullet points and to provide comments in order to have clarity on the topic. Thompson Thompson's questions/comments generally included: referred to the table within the Power Point presentation with regards to the density ABC licenses per capita in the different communities; he asked where Tustin is, in comparison with the neighboring communities (maybe more on the denser side due to the city's historical roots); Tustin and Santa Ana were known in the 80's, to be alcohol centers'in Orange County; need to keep an observation of where Tustin is, with other cities in terms of density of alcohol establishments because it does affect the community; suggested adding to the bullet point list { "police or security enforcement regulations; referenced the District's security; and to be cautious as far as relaxing the regulation but to also raise the enforcement. i Smith Smith asked about the dividing line between enforcement activity in Tusti J relative to ABC's enforcement obligation or responsibilities. i Minutes—Planning Commission September 12,2017—Page 6 of 14 Thompson In response to Smith's question, Thompson was suggesting more of a police or security presence (on foot or on bike), He stated that if the City allows "loosening" in the regulations there is more proliferation of businesses. Thompson stated that maybe the businesses themselves have to hire security to ensure no one drives while impaired. He made reference to Anaheim's Downtown Disney's substation and security. Kozak Kozak also asked what we want our community to look like and was concemed with "concentration" and "over concentration". He also added that the Commission needs to pay attention to sensitive uses. Lumbard Lumbard's comments/questions generally included: agreed with previous comments as well as the need for enforcement; referred to Chief Celano's comments at the February workshop; public safety standpoint and Tustin Police Department's involvement; zones is an important idea --the community "looks different if spread throughout town"; a lot of opportunity to tailor whatever the City's ordinances are, related to alcohol, to meet Council's goals and to better expedite those goals; he asked staff if they have looked at industrial zones and what it means if we relax some of the standards; and he asked If staff has looked at alcohol manufacturing (i.e. Anaheim and Costa Mesa capitalizing on vacant industrial space and brought in breweries/wineries and are attracting a lot of business for their city) and if it is a conditionally permitted use. Binsack Binsack's response to Lumbard's questions generally included: the quasi permitted uses but not necessarily the consumption aspect of it since associated with bona fide eating establishments unless it is for private consumption associated with the use; if staff is going to look at allowing craft breweries, wineries, etc.; the concern staff has with the industrial area is that the city's industrial area has been diluted; what the intended use of those zones is, they are no longer reflective; therefore they do not accommodate the type of uses Lumbard would like to see since the City has allowed dance, gymnastics studios, schools, churches, etc. which are considered more sensitive uses and have now dominated the industrial areas; and if the distancing requirements are eliminated, then possibly the intended uses can be brought back into the industrial zone and then maybe edge out some of the sensitive uses. Mason Mason's questions/comments generally included: she was not able to participate in the February workshop and the City Council/Planning Commission joint meeting; attracting the right types of businesses; referred to the Proposed Code Amendment Concept — On-site Sales and the number of businesses in Table 2 of the presentation that has secured "close to midnight" serving -- is it a large percentage or limited to certain areas; how many approvals have been brought to the Planning Commission; and if the sensitive businesses are closed after hours and the City wanted to open it up to other types of businesses (brewedes/wineries), that would eliminate the challenge of big warehouse spaces having empty parking lots at night. i s s i Minutes—Planning Commission September 12,2017—Page 7 of 14 Binsack Binsack's response to Mason's questions generally included: in some of the industrial areas, there is a benefit of some of the businesses being closed, but many times they are isolated; unless there are several businesses open at th same time, there are only one (1) or two (2) spotted throughout the Industria area which is not particularly good either; and it is preferred businesses be concentrated or working at the same time which may dilute resources. Mason Mason further commented on the great opportunity for the City to shift and learn how to better engage public and public discourse in some of the tools and resources (i.e. direct mail, social media), Smith Smith asked Mason about her knowledge and thoughts with regards to food service and industry experience as it relates to the state of food entertainment industry, as well as the alcohol relationship and the impact it has and the significance. Mason In response to Smith's question, Mason stated the following in general: adding alcohol to a food service can range up to twenty (20) percent of the revenue; people are looking for a community destination and have various options, ! different experiences, diversity of choice; and the issue is an up and coming business will look for extended hours to continue to generate revenue and E limiting the hours will have them looking elsewhere (i.e. critical mass, density, options, ease of access, etc.). Smith Smith's questions/comments generally included: public schools verso I traditional public charter schools in retail locations need to be sensitive i defining rules and distancing restrictions; would like discussion of ratio of food to alcohol revenues; asked about California legislation looking at re-evaluating the 2:00 a.m, closing limit as State law and if that law was ever changed; observed convenience stores that have distance restrictions created non- walkable communities which was counter to general policy goals and objectives throughout the state; requests that come through and whether or not we have had any exceptions that were granted and any impact from those requests and if so was there follow-up to the issues or any restrictions put in place; referred to the article from Orange County Business Journal, which i-umbard provided to the dais; the article discussed the City of Anaheim being an entertainment district; the City should be accommodating to the aspect of the craft beer industry; the efforts of the City of Fullerton and its efforts to mitigate and the success that happened after they had negative consequences 1 when expanding their alcohol policy; stated that their efforts were more geared around better community outreach and engagement from the Fullerton Police enforcement relative to the management team submitting alcohol establishments and asked staff if it was an accurate description; and he also asked if the Tustin Police Department has a liaison or if assistance goes I through the City's Code Enforcement. l Mason Mason again stated that if it is a business owner it is not purely alcohol sale ' as much as it is the hours and experience. She added that alcohol sales assis in maintaining traffic and labor. Mason asked for further options as well as what helped Fullerton, Minutes—Planning Commission September 12,2017—Page 8 of 14 Binsack Binsack's comments generally included: the current 51149 percent is related to i bona fide eating establishments (a true restaurant); staff is proposing to modify I the ordinance so that food is available and not necessarily required at those ratios; the California legislation closing limit has not yet changed; with regards to the late night requests, Binsack referred to Item #2 on the Consent Calendar previously approved; and the late night requests have not been granted which is part of the reason as well as no sufficient data, Willkom In response to Smith's questions on the City of Fullerton, Willkom stated that the Tustin Police Chief has been in contact with other police departments and in particular, with Fullerton and they did indicate that with the help from their liaison, in the entertainment district area, it does help with controlling the number of incidents related to alcohol. Binsack Binsack's response to Smith's questions generally included: the City has a North and South Area Commanders which are considered the liaisons; per the zone issue and if the Commission considers establishing a zone, she referred to the many communities where it is somewhat easier to establish zones (i.e. the Market Place, Tustin Legacy, Downtown areas) and works well in a newer community but a lot of the City's commercial corridors want to be a zone as well; 17t' Street, Irvine Boulevard, and Red Hill Avenue areas who are also requesting a license and the City says "no" if they were not in the zone; the City is not typical to some of the newer communities; and a lot of the major arterials are commercially zoned and businesses want the same benefits others would have. Smith Smith asked Binsack about the difference between off-premise sales and on- premise sales (more of the entertainment aspect and creating an entertainment zone). Binsack Binsack referred to Newport Avenue and the ethnic types of markets and the opportunity for these types of businesses to establish their own zones but the area not being well defined as the Tustin Legacy, the Market Place and Downtown. Smith Smith provided further observations which generally included: staffs recommendation in retaining control of CUPs and he asked for commentary about the CUP as an "inhibitor" to investment and/or engagement pursuit and how that would get mitigated through ministerial CUP issuance versus Planning Commission. Binsack Per Binsack, most businesses where the City does allow ABC establishments are required to go through the CUP process which is either through the Zoning Administrator or the Planning Commission, depending on the level of approval. She stated that staff is suggesting the CUP approval process go through the Zoning Administrator since it is a faster process and the Zoning Administrator can meet at any time. Binsack added that there is always the capability of deferring to the Planning Commission. Minutes—Planning Commission September 12,2017--Page 9 of 14 Smith Smith asked if staff has discussed this item with Economic Development staff to gain their perspective on the entertainment district. He suggested waiving the CUP requirement within that zone so as not to be viewed as a negative t the viability of creating a successful business. Binsack Per Binsack, whenever a discretionary approval is required, an individual would consider that as an inhibitor. From the non-Economic Development side, when there is an issue with an operation and the Commission wants to take some sort of an enforcement action If not in place, the use will remain. Lumbard Lumbard's commentslquestlons generally included: also referred to the article from the Orange County Business Journal that Smith previously mentioned, the project in the City of Anaheim, in particular, and if this could happen in Tustin; would the City want something like this considered in the community; a destination venue where there is alcohol related multiple. establishments that currently, per the TCC's distancing requirements, are not allowed; and if the City wants to attract people to Tustin, then the tone needs to be set differently than now and allow flexibility for staff, City Council and Planning Commission to consider this type of project. f Kozak Kozak echoed his fellow Commissioner's comments, Thompson Thompson also echoed his fellow Commissioner's comments. Smith in looking at the bullet points, the Commission provided comments as follo in general: Wi • Require a Conditional Use Permit for on or off-site sales establishments ➢ There were no concems. j 1 • Require food to be served at all times at on-site sales establishments— D Lumbard was concemed with the ABC rule of the 51/49 percent — if discussing new uses (ke, microbrewers, wineries) what does the food element look like and what is required of them? Smith mentioned food truck services and do we treat places where they are producers with a tasting aspect versus a place where they do not actually produce anything. Per Binsack, if not a bona fide eating establishment, the intent would be some flexibility for food trucks and opportunities for menus, so that there is delivery from local restaurants to that facility or some other kind of prepared food available on-site and it is not just alcohol consumption. Mason asked if it is separated at the 50 percent. Binsack — there is something available wherever there is on-site I consumption. The desire is it would be built into the CUP and that the bona fide eating establishment would demonstrate to the City how they would meet that need and the City would include examples in th ordinance as to how it could be met. Lumbard is not opposed to it, bu I wanted to know how workable and enforceable it is. Kozak suggested 1 would be better suited as a guideline than a requirement which would make the intent. Thompson referred to Centro Winery having its own Minutes—Planning Commission September 12,2017—Page 10 of 14 brewery and serves food. He appreciates the mixing of food with alcohol (balance). Smith was interested in seeing creative ways for achieving food service availability without being an inhibitor. • Reduce the square footage requirement from 15,000 square feet to 10,000 square feet for off-site alcoholic beverage sales to establish without a Conditional Use Permit. ➢ Mason — refened to the example of Walgreens - would not have been denied if it has been a 10,000 sf. Binsacles response was that the City would have granted approval at the staff level. Mason -- asked if Walgreens still had a CUP that is enforceable. Binsack stated that Walgreens did not have a CUP. Kozak asked the Commission if they wanted to relinquish this to a permitted use rather than through a discretionary use permit. Smith -- the transition is reflective or part of the effort to update the current trends in the supermarkets. Per Binsack — 15,000 sf was reflective of supermarkets at the time but supermarkets are now becoming smaller, which is why the reduction. • Update the distances separation requirements., Remove required distance separations for new on or off-site sales establishments from other existing on or off-site sales establishments, residentially used or zoned properties, places of worship, private schools, parks, playgrounds, clinics, hospitals, health care facilities or convalescent homes. "Maintain required distance separation for new off-site sales establishments 600 feet away from public schools (K-12), ** Maintain required distance separation for new on-site sales establishments, 1,000 feet away from public schools (K-12). ➢ Per Thompson, he stated there being no difference with a child attending a private or public school so why treat them differently? Smith added that a public school does not necessarily have a choice about where they locate since zoned as an institutional use whereas private schools theoretically have more choices where they locate and there is a perceived difference of the treatment of the two when there is land use consideration. Kozak agreed with Thompson, however, if this is to apply to existing schools, would there be any objection?Smith—pointed out that distancing private institutions may block out large sections of the city. Another question was raised on the veracity of whether or not distance actually .has a direct impact on exposure risk. Smith did research and looked at a study done by Los Angeles County of Public Health on prevalence of off-site alcohol establishment sales relative to 3 certain negative social indicators (i.e. crime) and it was discovered there was no direct correlation that they could draw. Per Binsack— there are a lot of indicators that were studied (not only crime) but various other i indicators. Per Smith--the correlation between the proximity and those factors where they could not actual correlatlon between the two. Lumbard asked if there was guidance from ABC on this item because it would be helpful if there were no City rules, it would still be required to follow ABC then to look at speck issues like public/private schools. Minutes—Planning Commission September 12,2017—Page 11 of 14 Per Binsack, public/private schools do not, have distancing requirements. They have overaconcentration, determinations and hours of operation. In the event there are problem entitles, the City might a certain conditions. Mason suggested if staff went with the AB regulations and looked at the study Smith mentioned previously, she would like to see the impact on all schools on this decision the Commission is making. Thompson suggested outreach to the Tustin Unified School District for their input. Again, he suggested not distinguishing public/private schools. Overall, the Commission is interested in more data on this item. Thompson asked for a map of all of the K-12 private/public schools . Binsack said staff can provide a map city-wide. If the Commission makes the policy that there are going to be distancing requirements maintained, then is the Commission not going to allow schools to locate close to alcohol establishments in the future. Lumbard suggested adding a level of approval (i.e. City Council or Planning Commission) within distances from alcohol establishments. • Allow establishments to open until 2:00 a.m. with conditions that allowed for reduced hours if noise or security complaints are received. I ➢ The Commission had no concems. • Allow recreational uses to serve alcohol in conjunction with an approved use. ➢ Kozak asked for the definition of "recreational use". Per Binsack, i could be a number of facilities (i.e. batting cage, group painting). • Allow alcoholic beverage manufacturers to have ancillary tasting rooms. ➢ The Commission had no concerns. Binsack Binsack's feedback to all of the Commission's comments generally included: staff would return to the Commission with some of the items j suggested/requested; draft an ordinance; and do any kind of a public notification and outreach. Smith With regards to outreach and public noticing, Smith stated the following in general: suggested a single page about this item on the City's website with a short form URL, as well as any communication be routed to the City's website; i make available the Power Point presentation, In PDF format, on the City's website; extract video from presentations and make video available on this dedicated web page; in terms of noticing -- post on all general media and a featured link on the City's home page; Smith would like to see the City spend money on "boosting posting" (i.e. Facebook to ensure it gets seen by as many people as possible); itemized list of a timeline on how the Commission will b approaching the topic so the public knows what to expect and the opportuni for them to provide feedback to the Commission; and include Chamber o Commerce mailings for existing businesses. Minutes—Planning Commission September 12,2017--Page 12 of 14 Lumbard Lumbard asked that Tustin Police review whatever the Commission is considering to provide any feedback they may have-or recommendations they feel is workable. Kozak Kozak added that Economic Development also be involved with review, recommendations and feedback as well. He also suggested an insert in the City's utility bills. Binsack Binsack asked if the Commission wanted to take a look at direct mail. Direct mail would be costly and she did not know how successful it would be. With reference to the utility bill insert, Binsack stated that not everybody is in the water billing area. She was not sure if IRWD could be an option or If the Commission wants staff to outreach. Binsack will conduct further research on this. Thompson Thompson said canvasing the entire city would be costly and suggested notification strategies take place "in-house". Binsack Binsack stated that what the City intends to rely on is what is required by State law, and sometimes going over and above significantly will be expected on another project that comes to the Commission. She stated staff will present an altemative to notification to the Commission when the item is brought back, as well as a justification as to why staff is doing more. i 9:02 p.m. Public Comments Opened/Closed, STAFF CONCERNS: i Binsack Binsack informed the Commission of the City of Tustin's 90th Birthday Celebration on Sunday, September 24, 2017. COMMISSION CONCERNS: Mason Mason is looking forward to the 9& Birthday Celebration and Tustin Tiller Daysl Lumbard Lumbard attended the following: • 8/26: Cars, Cops and Coffee • 9I7: ACC-OC Public Safety Forum * 919: California's 100 ' Birthday • 9111: Patriot's Day j Thoughts and prayers for those affected by hurricanes Harvey and Irma. i Thompson Thompson attended the following; i * 8/15: Water Reliability Summit • 8127: Volunteered for the Orange County Rodeo Minutes—Planning Commission September 12,2017—Page 13 of 14 917: ACC-OC Public Safety Forum Attended Luke Thompson's football games - Go Pirates! Kozak Kozak attended the following: • 8118: Concerts in the Park • 8119: Helped assemble backpacks for Homeless Vets sponsored by the OC Rescue Mission • 8120: Helped set up the Enderle Car Show sponsored by the Tustin Community Foundation • 917: ACC-OC Public Safety Forum Thoughts and prayers go out to Mayor Doc Bernstein as he recovers from Achilles tendon surgery. Smith Smith wished Bernstein a swift recovery as well. Off to the League of Cities conference in Sacramento on 9113. 9:90 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 26, 2017, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. YDER TO D SMITH hairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes— Planning Commission September 12, 2017—Page 14 of 14 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 26, 2017 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Mason Present ROLL CALL: Chair Smith Chair Pro Tem Kozak Commissioners Lumbard, Mason,Thompson None PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1, APPROVAL OF MINUTES—SEPTEMBER 12, 2017 Minutes of the September 12, RECOMMENDATION: 2017 meeting, as amended. That the Planning Commission approves the Minutes of the September 12, 2017 Planning Commission meeting, as provided. Motion: It was moved by Lumbard, seconded by Thompson, to approve the Minutes of the September 12, 2017 Planning Commission meeting, as amended. Motion carried 5-0. 2. TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY Continued item to the October On August 8, 2017, the Planning Commission held a second workshop 24, 2017 on the topic of temporary signs within the public right-of-way and Planning discussed three (3) code amendment options addressing the regulation Commission of temporary signs in the public right-of-way in light of the United States meeting. Supreme Court decision in Reed v. Town of Gilbert, AZ. The Commission received public input and directed staff to return with a modified option for Commission consideration prior to public notification and the publication of public hearing notices. RECOMMENDATION: That the Planning Commission direct staff to draft an ordinance addressing temporary signs in the public right-of-way based on a modified version of Options One and Two and conduct required public noticing and targeted noticing to impacted properties prior to the Planning Commission public hearing. Smith Smith asked the Commission to continue the item until the second meeting in October due to additional issues and concerns that have been raised; therefore, additional time is needed to review the item. Motion: it was moved by Thompson, seconded by Kozak, to move the item to the October 24, 2017 Planning Commission meeting. Motion carried 5-0. Minutes—Planning Commission September 26,2017—Page 1 of 18 7:05 p.m. PUBLIC HEARING: 3. CONDITIONAL USE PERMIT 2017-15 APPLICANT: PROPERTY OWNER: Wesley Okamoto Robert Ko Martinez & Okamoto Architects Ko's Packers Square Inc. 15487 Seneca Road, Suite 203 747 S. Lemon Ave, Victorville, CA 92392 Walnut, CA 91769 LOCATION: 13132 Newport Avenue ENVIRONMENTAL STATUS: This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: To amend a previously approved CUP (CUP 94-15) relative to the hours of operation and to amend CUP 2015-27 for a Joint Use Parking Demand Analysis relative to the adequacy of the existing 269 parking spaces at Packers Square shopping center to accommodate a 7,600 square foot mental health out-patient crisis service facility. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4349 (Attachment l) approving Conditional Use Permit (CUP) 2017-15 to authorize the establishment of a 7,600 square foot mental health out-patient crisis facility with 269 parking spaces within the first floor of an existing medical office building located at 13132 Newport Avenue. Demkowicz Presentation given. Demkowicz shared with the Commission eighteen (18) written responses received by the Community Development Department and the areas of concern were listed as follows: operational characteristics, locational concerns, impact to existing businesses, traffic impacts, property values, re-zoning, and adequacy of parking demand analysis. She referred to the specific Conditions of Approval addressing the concerns previously mentioned. Binsack Binsack clarified Condition No. 1.8. In the event there were negative impacts and/or issues related to the Conditions of : Approval, the Community Development Department could not automatically revoke the permit, but could Initiate the revocation proceedings. which would be brought to a hearing before the Commission. The Commission would then make a recommendation to the City Council. I Smith Smith asked staff that if the conditions are not being met, then there could be j additional conditions placed to address those issues. He added that if there are challenges with those issues being addressed, then there is a process of i a revocation hearing of the CUP that would take place to address those Issues. Minutes—Planning Commission September 26,2017—Page 2 of 18 Binsack Binsack further added that any applicant, who receives a CUP or entitlement, and if there is a revocation proceeding, receives due process which entails a public hearing. The only difference would be that if there is a revocation, then it is a recommendation to the City Council. The City Council is the body that would actually revoke the CUP. Binsack also clarified that this item was not considered a re-zoning. This type of use is considered a conditionally permitted use within the zone. Thompson Thompson asked for clarification on the hours of operation being the main focus. He asked about the allowed operational hours of similar uses in the area, since the applicant is asking for 24 hours a dayl7 days a week operation. Thompson also asked about the traffic study, which assesses the site and how it is used and if the parking study was based on the center (if it were fully leased out, which currently it is not). Thompson referred to the current Exodus Culver City office and asked if there was further information (i.e. hours of operation, any noise complaints) in order to gain a better understanding of the facility. Demkowicz In response to Thompson's questions, the hours of operation are currently 7:00 a.m. — 7:00 p.m. (per the CUP for a medical facility in Packers Square). Demkowicz confirmed that the parking study was based on the center being completely leased and during the week. Celano Chief Celano visited Exodus Recovery center in Culver City, spoke with LAPD about potential impacts, and asked if there were complaints from the community. He is confident the proposal would be a well-run facility. He stated he would not endorse an application that he believed would be a negative impact to the community, Chief Celano confirmed that the Culver City facility is a 24-hour/7 days a week facility. There would be no lights/sirens during drop off. Smith Smith shared that he sometimes works in Culver City and that he reached out to one of the Assistant City Managers and asked similar questions Celano mentioned previously. Per Smith, Culver City's Assistant City Manager stated she had positive interactions with that facility and it had a positive impact with the community. It has not proven to be a problem or an area of concern for city staff nor have they had any noise complaints in that area. 3 Mason Mason asked for one point of clarification from St. Joseph's with regards to the layout of the facility, specifically the entrance and the exit, as well as the operation. Lumbard Lumbard asked what the impact would be by law enforcement with lightsisirens (during an emergency) when clients are being dropped off at the facility. He asked Chief Celano how he would anticipate law enforcement interaction with the community. Lumbard also asked Chief Celano if this type of facility would help Tustin Police Department do their job better. He requested there be clarification from the applicant with regards to the floor plan (orientation of the building is facing the wrong direction, per the PowerPoint presentation). Celano Chief Celano explained the process and the purpose of this type of facility, which is an "urgent care center" for mental health. Currently, Tustin officers do not have a resource for mental health services; therefore this type of facility Minutes—Planning Commission September 26,2017—Page 3 of 18 ' 3 would sage time for officers, As for the sirens, the Tustin Police Department does not turn the sirens on unless there is an emergency so the lights and sirens would not be turned on during drop off/pick up at that facility. Per Celano, this facility would be a tremendous benefit and resource to the Tustin Police Department and the community. Emergency rooms are not equipped to house people in a mental health crisis, which means officers are required to stay with an individual anywhere from 2-3 hours. With this type of facility, an officer can be back out in the field within 10-15 minutes protecting the community and preventing crime. This is a tremendous benefit and resource. Thompson Thompson referred his fellow Commissioners to Page 86 in the agenda packet which shows the correct orientation of the floor plan. 7:37 p.m, Opened up the Public Comments Section, Mr. Wesley Okamoto, architect for the project, made favorable comments to Demkowicz on her assistance through the process of the project. He reiterated that the occupancy is an allowed use within the land zoning and that the CUP is a request for an amendment with the panting to be joint use, as well as for the 24 hours a day/7 days a week. Thompson Thompson referred to one of the conditions which states °priority" or apreference" is given to the Tustin Police Department for individuals that they r might bring to the facility. He asked how the screening process would work if it were Orange County Sheriff or the City of Irvine bringing clients to the facility. Thompson referred to the 24 hours a day/7 days a week operation and asked about the minimum number of hours needed to operate the facility since alternative facilities (non-emergency rooms) are not open 24 hours a day. i' In response to Thompson's question, Ms. Luana Murphy, from Exodus Recovery, provided the following information, in general: Exodus would give 1 priority to all of law enforcement bringing in clients to Exodus, which is approximately forty (40) percent of the clientele that enter; other individuals come directly from hospitals, or are walk-ins; Exodus has been in business for twelve (12) years; Exodus would not reject a law enforcement referral, but they could reject an emergency room since that Individual is in a safe place; when space is available, then Exodus would contact the emergency room and take In that individual; as per the minimum number of hours needed, Exodus runs similar to an emergency room so they must be open 24 hours a day (i.e. an individual in crisis arrives at 7:00 p.m. could take several hours to stabilize that individual); there is no other way to operate than to be open 24 hours a day; an individual who "walks in" to the facility (i.e. an individual in need of medication when they have run out) eliminates a crisis in the making. Kozak Kozak asked the applicant to share what a typical day in an Exodus facility might look like (i.e. number of individuals entered and staffing). i Ms. Murphy stated the following, in general: Exodus is a secured environment for individuals brought in during a crisis; clients must be released ("delayed egress"); there are security guards at each door trained to handle the mentally ill; there are nurses, RN's, LVN's, nurse practitioners, psychiatrists, social workers, and mental health staff on site at all times; she provided intake process whenever an individual arrives at the Exodus facility; discharged Minutes--Planning Commission September 26,2017—Page 4 of 18 patients are driven to specific locations; discharge locations include: family, home, shelter, rehabilitation center, hospital; relationship between Exodus and St. Joseph, St. Joseph contacted Exodus because they identified the need for a crisis facility; approximately 18 percent of Exodus clients, across five (5) counties, are homeless individuals; Exodus develops a network of discharge facilities when they established within a city; Exodus does not release any individual onto the streets; an Exodus employee releases an individual to whichever facility Exodus is discharging this individual to; unless the Individual is having a "real crisis (i.e. hallucinating), that individual will get medicated first; each case is different therefore there is no "typical" day; Ms. Murphy stated Exodus had 35,000 patients in 2016 and not one (1) complaint was received by neighbors; she referred to Napa Valley facility(opened only a few months ago) and Culver City(opened 3 years ago). Mason Mason asked how Ms. Murphy determined the average 16 — 20 patients per day and if It was based on maximum occupancy. She also asked if Exodus or law enforcement decides when an individual is a 51150 (mental health hold). Mason asked Ms. Murphy to explain "discharge location" as well as an individual who decides not to take Exodus up on their services offered. She asked about the services the social workers provide (not only for shelters). Mason asked what percentage of the patients are exited as 51150 and those individuals that leave on their own. She also asked about the relationship between St. Joseph's Hospital and Exodus and if someone is brought in as a 51150, if they are returned to St. Joseph's or a psychiatric facility. Ms. Murphy's response to Mason's questions generally included: the average number of patients is based on years of data from Exodus, which includes: number of homeless, how many are on Medicaid, number of patients delivered to shelters, how many hospitalized, etc.; as for determining if an individual is a 51150, it can be either law enforcement or the hospital the patient came from; Exodus has staff that can place an individual on a 51150 status; discharge location can be "home with mother, home with wife, to a shelter, rehab center, etc."; Exodus keeps track of every discharge from their facilities; the social workers will do an assessment of the individual, provide a referral to a psychologist in the community, a mental health organization, and schedule the appointment for that individual before they leave Exodus; approximately twenty (20) percent of clients are 51150 therefore they are discharged to a hospital; of all individuals that arrive at Exodus, approximately twelve (12) percent are hospitalized; provided examples of the relationship between St. ,Joseph's Hospital and Exodus (i.e. mental health crisis in the emergency room) as well as how the two (2) entities work together. To further respond to Mason's last question, Mr. Glenn Raup, Executive Director for Emergency Behavioral Health at St. Joseph Hospital, stated they contacted Exodus to partner with them since they are one (1) of six (6) designated psychiatric facilities in Orange County. Therefore there are not enough inpatient beds or outpatient services. Mr. Raup also provided background information on the services St. Joseph Hospital provides. Mason Mason also inquired as to the time of day or night individuals are discharged from Exodus (i.e. middle of the night). I Minutes—Planning Commisslon September 26,2017--Page 5 of 18 I In response to Mason's last question, Ms. Murphy stated that Exodus does not discharge individuals in the middle of the night. Generally speaking, the psychiatrists make their rounds at approximately 6:00 a.m. to ensure that the individuals who have stayed overnight are stable enough to be discharged or still need to be hospitalized. Individuals are generally discharged between 8:00 a.m. and 1:00 p.m, and if the individuals are on a 51150, they do not have a choice. However, if an individual walks in voluntarily and refuses services, then Exodus cannot hold them against their will. Smith The audience became disruptive during the public hearing portion of the meeting, therefore, Chair Smith briefly informed the audience of the public hearing format, as well as it being.a process to allow the applicant a fair hearing. Lumbard Lumbard asked for both Exodus and St. Joseph to clarify what happens to patients who refuse services (i.e. policy and procedures as far as directing them where to go). He also asked if they can control where the 51/50 individuals are going. Mental illness does not equal homelessness. Lumbard stated that there are nearby residents who fear that this type of facility will attract the homeless who will then not want to leave the neighborhood. He asked Ms. Murphy how the security officers play a role in monitoring the facility. Lumbard asked about the admitting/discharging procedures and the impact it could have to the neighborhood, He also wanted clarification on the location of the entrances as to which direction they are facing. I In response to Lumlbard's questions, Ms. Murphy stated the following, in general: Exodus does work with the individuals refusing services and that it is very rare that cases like this occur, but again reiterated that Exodus cannot 1 force an individual to remain at the facility; as for the fear of the homeless individual, almost always law enforcement brings the homeless individual into Exodus; the proposed facility will not be a homeless shelter; in her experience, there have never been homeless encampments near and around an urgent care center; security guards cannot force a person to go i somewhere, but they will encourage people to move along and if they happen to be belligerent, then they would contact the police; Exodus can talk to clients, assist them, which they do, but there is no loitering issue; and Ms. Murphy compared individuals walking in to Exodus just like a person walking into a therapist's office. Mr. Raup added that St. Joseph's Hospital sees the largest volume of homeless and psychiatric patients in the county. The homeless issue is a challenge with every health care institution, every city, hence the reason there is a need for this type of facility. Mr. Raup echoed the point: 'homelessness does not equal mental illness°. The tetter part of the mentally ill patients are not homeless. i In response to Lumbard's clarification question on the entrances to the ! building, Mr. Okamoto stated that the main entrance (walk-in) faces Newport Avenue. There is no entrance to the north. To the south, it is the ambulance drop off. He stated that the layout within the packet was correct and that the i one in the Power Point presentation was incorrect. Mr. Okamoto provided input on the Background slide from the Power Point presentabon, so the Commission could have a better understanding of the layout. Minutes—Planning Commission September 26,2017—Page 6 of 18 Smith Smith asked the applicant if there was a needle exchange program in the proposed facility. He also asked that the applicant provide a distinction between Exodus and a rehabilitation facility, which are commonly located in neighborhoods, Ms. Murphy's response generally included: there .is no needle exchange program within the proposed facility and that it is not a chemical dependency program; a rehabilitation facility is a "long-term" placement facility; an individual may start out at a Crisis Stabilization Unit (CSU) and then get referred to a rehabilitation facility; Exodus closes the walk-in doors at approximately 6:00 or 7:00 p.m. and then re-opens in the a.m.; for a crisis situation, anybody can enter through the ambulance entrance 24 hours a day 7 days a week; and the walk-in door is not open 24 hours a day17 days a week. Lumbard Lumbard requested further clarification on the short-term stay and if there is a maximum stay. Ms. Murphy stated that there is a maximum stay of 23 hours and 59 minutes which is by State law. The public's comments/concerns generally included the following: o Mr. Craig Thiede - Business owner (upstairs from the proposed location) spoke against the proposed use; warned the applicant that they are signing a lease with the owner of Packers Square and that he has been in litigation with the owner for nine (9) years; claims Packers Square building is "falling apart" which lead to a lawsuit against the owner of Packers Square; and he was concerned with the possible negative impact to businesses. o Jim Damon -- attorney representing Mr. Thiede and other tenants at Packers Square; echoed Mr. Thiede's comments previously made; owner of Packers Square failed to comply with the court order; he discussed the ongoing litigation with the property owner; mentioned Code Enforcement Officer, Brad Steen and requested the Commission get further information from him; and he felt there was lack of procedure on noticing. o Peter Schneider — resident; Chief Health Science counselor at UC1 Medical Center in Irvine; claimed the City had not contacted UCI Medical Center in Irvine regarding releaseftransfer of patients, there Is no agreement in place; with no guarantee of placement of 51150 individuals, he asked if risk analysis had been conducted; said psychiatric patients "elope" and do not "hang around" they are likely to leave facility; great idea- wrong place; he asked how many facilities are within 100 feet of residential development; and no record of complaints is helpful but not determinative. o Ronda Flores — spoke in favor of the proposal; stated mental illness patients are more harmful to themselves than to others; shared personal experience with mental illness and homelessness; and family members need these services. o Sharmain Bodini — owner of a business in Packers Square; is sympathetic for the cause, but feels it is in the wrong location; Packers Square is a family oriented center; she mentioned the Minutes—Planning Commission September 26,2017—Page 7 of IS two (2) security guards for the facility, but how about for the rest of the center; concern for her clients safety; questioned if the proposed facility is or is not a clinic; asked if Exodus will dispense medications; and if there is a similar facility like this and if it is located in a shopping center. o Diane Triantis -- resident in Packers .Circle condos: stated Exodus is a business, not a medical facility; paid for by State funds; will be making money regardless of the negative Impacts; she lives 200 feet away and is worried about Exodus' inability to control clients when they leave; and is concerned this facility will be detrimental to the property value in the area. a Betty Mackintosh -- Registered nurse of 39 years: has concerns for the safety of the patients coming to the facility and people in surrounding areas; worried about patients being given IV drugs with no concern on their reaction; in the event the patients have seizures, cardiac arrest from medication she was concerned the facility would not be equipped with a heart monitor; and most of these facilities she has seen are in free-standing centers, not shopping centers. o Christian Bredeson — He submitted a letter on behalf of Village Homes and Tustin Homeowners Association and his concerns were: 24 hours a day17 days a week operations; safety; noise; Exodus was not sharing all data and the number of walk-ins who walk out; the number of repeat clients; Packers Square is not a 24 hours a day17 days a week center, it closes down at night and is quiet; no solid plan for the discharge; no security for surrounding areas; nearby daycare facilities; believes parking I analysis is not adequate; and Packers Circle is a private drive and will be used by ambulances. o Mark Perew — Spoke in support of the facility and has had family members who have needed facilities such as this; people need to be compassionate; overstating risk of the "unfamiliar"; alluded to people in the audience probably know more people who have been in a car accident rather than injured by a mental health facility. o David Larson — resident: stated "if you build it, they will come"; not desirable for mental health patients to come to the area; concern 7,000 people would come to the area; will attract the wrong element from all around the county; had an encounter with a mentally ill person in front of Ruby's in the past who was confrontational and he feared for his family's safety; and the applicant needs to come up with a plan along with the County of Orange. o Katy Erickson — resident and teacher nearby: stated her concern for the safety of the kids at her school walking to and from school and fears they may bump into a 51150 patient who walked out of the facility. o Cora Burke — business owner in the center questions/concerns included: asked if there would be a doctor at the facility 24 hours a day17 days a week; if Exodus is under a County contract or if run by St. Joseph's; Exodus is a drug rehab center; she was attacked by a drunk person in Packers Square; claimed Tustin Police "never" respond to her calls; reconsider location of facility; and safety. Minutes—Planning Commisslon September 26,2017—Page 8 of 18 o Pam Erickson — resident and teacher in Tustin; asked if the Tustin Unified School District had been informed of the proposal; asked what the impact on Tustin schools might be; asked if clients can choose a discharge center; safety issue; and if clients are going to be discharged at a separate facility, why not just start at that facility in the first place. o Tim Koenig- homeowner nearby -- understands need for facility, but does not want to share space with a facility like this; safety concern; if not approved for 24 hours a day/7 days a week asked if the applicant would look for a new location; and if the security guards will be roaming the surrounding area as well as more regular Tustin Police Department patrols. a Travis Harold -- opposed to item - sympathetic to needs; wrong location; quiet area; the noise it would bring in would be a detriment to the area; opposed to any 24 hours a day/7 days a week facility coming in so close to his residence; Conditions of Approval 2.9 references loitering and security guards, where does Exodus'jurisdiction end? a Melissa Baum--owns small business in the area (orthodontics): family-oriented center; also in a lawsuit with landlord therefore relocated business across the street; is compassionate, but her concerns are with homeless population worsening; unsafe area; homeless breaking in to equipment closets; and neighboring businesses would suffer. o Mary Palafox— north Tustin resident: spoke in favor of proposal; comments previously made were stereotypical and wants to raise awareness of what mental illness really is; understands concerns; appreciates law enforcement in dealing with her son who has a mental illness; not just homeless people have mental illness; criminal activity is different than mental illness; those opposed are creating fear; and there are illnesses everywhere. o Whitney Ayers -- Regional V.P for the Hospital Association in Southern California and Tustin resident spoke in favor. Stated Tustin's CSU would provide an important link in continuum of care; within six (6) months there is a plan to deploy three (3) to five (5) CSU's throughout Orange County; Tustin would not be a 'dumping ground"; need to support alternative models of care; frees up emergency beds for heart attack patients for example; and consider having alternative models of care through CSU's and support the proposed facility. o Cindy Eagen: her nephew committed suicide; has experience with mental health; the wrong location for these services; and should keep the clients in a hospital setting or center, not a retail center. o Mark Eagen: his brother has mental health issues and has been his caregiver for 42 years; facility should be located near a hospital and used in conjunction with a hospital; his brother would not be suitable for released in 24 hours a day/7 days a week; and there is a need in the community but in a different location. o Sheina Innocente --Tustin resident and social worker: Supports the project: has served those with mental illness and homelessness; Orange County is underperforming; need more services in Orange County; discussed NIMBYism; and residents Minutes—Planning Commission September 26,2017—Page 9 of 18 arguments are fear-based and opinions, o Linda Lad works in Packers Square: opposed the project; served on the board for Tustin Dollars for Scholars; wrong location; discussed lawsuit in the center; discussed parking and the trouble of parking near Building K (accidents); she "loves" the Tustin Police Department, but has gotten no support when calling the Tustin Police Department for assistance (I.e, called three (3) times and no response); and police cannot be everywhere. o Dennis Duffield - a California police officer: Has worked with mental health crisis patients; Chief Celano "did his homework, brought facts, we do need a place for them, but wrong location"; suggested Tustin Legacy as a better location; fear the clients will be escorted off the property and then will wander the community; and concern with children's safety and health hazard, o Anne°Gill -- works in salon adjacent to Packers Square: moved from Costa Mesa and was near a CSU; the CSU nearly put her out of business; the clients do not come in and then leave, they stay and loiter; she used to have to step over bodies to get to cars or businesses; she is afraid for her safety at night when throwing away trash; and the wrong location for the facility, o Opal Richardson — Tustin Village Homes resident: wrong location for facility; has worked with Code Enforcement (Brad Steen) and the Tustin Police Department on homeless issues; City wants business tax dollars by letting the business in; also suggested Exodus look at Tustin Legacy; and safety issue. i o Barbara Howe[ - resident since 1988: Pilates instructor in Packers Square; worried since security is indoor with homeless traffic in the alley; she leaves work at 10:00 p.m. therefore a safety concern; thinks •the facility would be good in Tustin but not in this area; concerned with the facility being at full- occupancy and possible loitering in parking lot; and wrong. location. o Harriet Fain — resident off of Newport Avenue: works in public health; according to statistics, 4% of U.S. adults have a mental illness, they are Tustin residents too; mental illness is already our problem; Exodus is a treatment center not an asylum; and she supports the application. o Ryan Rigsbee -- the facility is less than a 24-hour hold facility but a 51150 is a 72-hour care; not homeless issues but there were statistics that some mentally ill are homeless; these services should not be provided for free to homeless people; and, wrong location. o Paul Albarian — stated the use is in wrong location; proper location is in an area where there are hospitals; people from other communities will be brought here and discharged into "our" community. o Georgiann Kruger — opposed: she asked the Commission why the City is eager to give these exemptions to get permits when there are so many other areas that are zoned for it without needing a CUP; why the need for two (2) security guards 24 hours a day/7 days a week and what weapons will'they have; Exodus' involvement with AB 109; how much flexibility does Minutes—Planning Commission September 28,2017--Page 1fl of 113 Exodus have in adjusting their service offerings once CUP is approved, as opposed to Exodus not following the guidelines. o Leslie -- works in downtown Santa Ana; there is a need for a mental health facility, but the wrong location; after hearing the Commission's discussions, it appeared to be a "done deal"; mentioned the Santa Ana Police Department being "ineffective"; and the Commission needs to listen to community concerns. 9:44 p.m. Closed the Public Comments Section. Smith Smith called for a five (5) minute recess. 9:49 p.m. Reconvened meeting. Thompson Thompson's questions/comments for the applicant generally included: safety; noise; hours; negative stereotyping; need additional information regarding Exodus' role, responsibility; security guards roles, responsibility, authority and their relationship with the Tustin Police Department (Condition 2.2); need a better understanding of what the Commission is considering; asked staff to explain the noticing process including who received a notice; discussion regarding hours, if it were not for the hours the item would not even be up for consideration; better understanding of the entry point into the residential area and whether or not it can be moved towards Newport Avenue; need additional time to make a decision; asked how people are referred to Exodus, length of stay, (to clear the ambiguity of the 72 hour stay); and asked if the surrounding schools have an impact and if they are part of the decision-making process. Kozak Kozak's questions/concems generally included: felt there is a need for this type of facility; need additional information on agreements with hospitals; need further information regarding transport on exit and discharge plans; how to go about providing community safety related to hours of operation; asked how Packers Circle would be used, if used at all, by ambulances; is ; Exodus a county facility; what are Tustin Unified School District's concerns; what is the role of the security guards and how do they interface with the Tustin Police Department; drop off on south side facing homes; increased homeless population in Packers Square - would release of clients contribute to the homeless encampments; alternative locations for this facility - does the applicant have any alternatives in mind; when at full capacity what happens to a drop-off; need additional information with the connection between Exodus and AB 109; noise impacts; and staff and the Commission need more time to look at these issues to be better informed before making a decision. Mason Mason's comments/concerns generally included: an emotional and personal issue; she is a conservator for her sister and has no place to take her; wants to have meaningful conversations on the topic; not "they" versus "us"; we need to come together on the issue; need to look at the CUP use, and is it appropriate for the area; wants to have more Information too before making a decision; and why the applicant chose that location. Minutes—Planning Commission September 2a,2017—Page 11 of 18 Lumbard Lumbard's comments/concerns generally included: understands it is difficult to have a long hearing; the Planning Commission's role and doing what is right for the community; the Commission does not consider mental illness vs. homeless issue, they are looking at the hours of operation of the facility and is it the right application of extended hours; requested more insight to the County's plan - 3-5 facilities planned for the County; Tustin does not want to take the full burden; the Commission does not have the authority to tell Exodus where to move; we could do a better job at defining what Exodus does (i.e. homeless, how it will impact the community); also needs questions answered before making a decision; why is this a good location. Smith Smith shares similar questions as fellow Commissioners; clearly there is a concern about this type of facility and what it means; a lot of unanswered questions noted that the Tustin Police Department does not feel there will be any concerns and a value add to the community; need to address public safety questions; data presented shows that the project is a warranted pursuit; there is no data evidence to support otherwise; and it would be helpful to have a community conversation. Lumbard Lumbard agreed with Smith based on the document and evidence (or facts) that were presented, but the Commission has also heard overwhelming sentiment from the community's concerns. Without data to perhaps disprove those concerns, Lumbard felt uncomfortable moving forward without attempting to address those concerns. Smith Smith sensed, from his fellow Commissioners, there is lack of confidence that the Commission would get to a resolution on the nature of the questions they want answered. He asked the Chair Pro Tem, Kozak if this was an accurate description. Kozak Per Smith's previous description, Kozak was in agreement with him. Kozak felt the Commission needed a report back with all of the answers to questions asked at the meeting. Mason Mason also agreed that more data is needed in order to help with the Commission's decision making, Thompson Thompson echoed Mason's comments. He suggested that the applicant °clarify the plan" and provide examples of how another similar facility is operating. Additional time is needed; therefore, he did not feel comfortable considering the item that evening. Kozak Kozak suggested the applicant work with staff to address some of these issues and bring a staff report back to the Commission. He further stated, on behalf of his fellow Commissioners, that they want to make the right decision, but felt they need to make it in the right way. Kozak again reiterated more information is needed in order to make the right decision. i Smith Smith was in support of Kozak's previous statement. He invited the Commission to make a motion in order to take an appropriate action. f I Minutes—Planning Commission September 2B,2017—Page 12 of 18 Mason. On behalf of her fellow Commissioners, Mason asked staff if they could pull together the questions to make sure the context is set and then would move with a response through working with staff and returning to the Commission with an additional conversation that the public would be made aware of then the item can be continued for discussion for a future date. Thompson Thompson added further clarity to Mason's motion and stated the item be continued to a date that is either two (2) to four (4) weeks out, depending on the time necessary to answer the questions that have been presented to supplement the report given to the Commission. Lumbard Lumbard was unsure if there was a motion or a second. He requested taking an opportunity to discuss some of the issues being that some of the public may not be able to return to the next meeting. Lumbard mentioned noticing and asked that staff clarify what was done to notice that meeting in order to alleviate any concerns. He also asked if the County representative could discuss their strategies. Smith After the Commission's deliberation, Smith stated that regardless of the information received that evening, the Commission will be intending to continue the item to a date to be determined which may be three (3) to four (4) weeks out to the next first or second meeting in the month of October. He asked the Commission if this was an accurate description, which the Commission collectively agreed it was. Smith informed the public that the Commission was going to proceed forward with a series of questions for the applicant and staff. He also added that the Commission would not be making a decision that even given the current sentiment reflective of the Commission. Smith stated that the public could expect to hear the item at a further date to be continued. Lumbard Lumbard suggested the Commission vote first, and then answer questions. Smith Smith's final statement after hearing from his fellow Commissioners, there was a motion to continue the item to a future Planning Commission date where they will have a follow up presentation with Information provided by the applicant, provide additional context and information to the Commission, in order to make a decision. 3 1 Kendig Per Kendig, if the item is going to be continued to a date certain, the Commission needs to select a date, I Smith Smith selected the October 24, 2017 Planning Commission meeting date. Binsack Per Binsack, staff would recommend that the item be continued for two (2) ' weeks, then staff can meet with the applicant and if staff is able to come back j to the Commission with a report, in that amount of time, then they will. If staff Is not able to return at that time, then they will request a continuance from the first meeting in October. 1 Lumbard Lumbard added an amendment to the motion. He asked that staff notify the speakers present when that meeting will take place via email or telephone call. Minutes—Planning Commission September 26,2017—Page 13 of 18 Motion: It was moved by Thompson, seconded by Mason that the item be continued to the October 24, 2017 Planning Commission meeting. Motion carried 4-1 with Smith dissenting. The questions and answers portion of the meeting continued with the applicant. Smith As asked previously, Smith asked what the parameters of the security guards would be. Ms. Murphy's responses/comments with regards to the security guards generally included: there would be a minimum of two (2) security guards, but that does not mean there would be only two (2) and that it would depend on the acuity; if the acuity increases, then they would have more than two (2) security guards; in terms of what the security guards would do, or how they would interact, currently, they are interior and they are to protect the clients and the staff' if anything should occur; it is rare, but the security guards act as an integral part of the therapy; the security guards are trained in mental health first aid, management of assault and behavior, and use de-escalation methods rather than confrontation; the security guards are unarmed and it "works well": in terms of the perimeter and the outside of the facility, Ms. Murphy has not provided security in the parameters to any of their facilities; j other than occasionally if someone is loitering in front of the facility, the security guards will try to move them along but cannot force them to leave; and in terms of what would be done in Tustin, Ms. Murphy would like to have Exodus' Chief of Security talk with the Chief of Police to see what he would like the roles to be for the security guards. As per the question on AB 109, Ms. Murphy stated occasionally a patient will be brought in who is an AB 109 recipient but Exodus does not have anything to do with AB 109. Lumbard Lumbard asked Ms. Murphy if she had any statistics on patients or clients and the numbers being related to AB 909. Ms. Murphy does have statistical information on the Exodus patients who receive AB 109. They ars specifically contracted to serve that population in Los Angeles County and is not a specific requirement with the contract in Orange County. Smith Smith requested clarification with regards to a 51150 client versus a 52/50 client and 24-hour hold versus 72-hour hold. Ms. Murphy's response to Smith's question generally included, with regards to a 51150 client, law enforcement can transport clients to any designated facility, which Exodus will be a designated facility; the overall goal of a CSU is to j reduce hospitalization and to get the suicidal client stabilized within 24-hours and then they can be discharged to a lower level of care; a 59!50 means you can keep a client for 72-hours but it does not say you must keep a client for 72-hours; that hold can be released by the treating psychiatrist; Exodus releases approximately 80 percent of the holds that go Into the facility; and per the 52150 clients, only hospitals can handle those patients. Minutes--Planning Commission September 26,2017—Page 14 of 18 Smith Smith asked what occurs when the facility is at"full occupancy°, Per Ms, Murphy, she has never In 12 years, since their facility has been operating, had a facility at full occupancy. Every chair might be full, but they always have a bed on reserve. If St. Joseph calls the facility and has a client in their emergency department, the moment they discharge somebody, they can receive that client. If law enforcement walks into the facility with a client and the chairs are full, they will pull another chair. Again, they cannot say"no" to law enforcement. Per Ms. Murphy — the idea of the CSU is to keep law enforcement on the streets protecting the community. Smith Smith referred to an earlier comment made by one of the speakers regarding a similar facility in Costa Mesa. Ms, Murphy said that during the hearing they tried looking that information up on the Internet and they could not find anything so it must not be a CSU facility. Smith Smith mentioned the importance of bringing distinction and perhaps identification on various facilities out there so Exodus has a way of distinguishing themselves as being different than a rehabilitation facility or a needle exchange program. He also asked Ms. Murphy if a doctor would be present 24 hours a dayR days a week. i Ms. Murphy's stated that a doctor is not present 24 hours a days days a i week. There is a doctor or a nurse practitioner on-site approximately twelve (12) hours a day. They also have a network of tele-psychiatry. In each of their CSU's if a doctor is not on-site they have the ability to tele psych to a site that does have a doctor. There is also a doctor available by phone 24 hours a day. i Smith Smith asked the applicant to explain the similarities and differences between size and nature of services between the Culver City facility and the proposed Tustin facility. Murphy provided the following in general: the Culver City facility is smaller(5K square feet) than the proposed Tustin facility (6,700 square feet); number of clients expected to see per day = 16-20; Culver City facility does not take in adolescents but they are going to at the proposed facility in Tustin. i Smith Smith asked Murphy to bring clarity on the variety of discharge processes in place (i.e. for homeless, 51150). Ms. Murphy stated the following with regards to the discharge process: 51/50 clients are handled the same way regardless of the referral source (either law enforcement, hospital); a person who remains on a 51150 after 23 hours and 59 minutes, is always hospitalized;the State is working on a plan with regards to the overstay issue, 51/50 clients will not be discharged if they are unstable and will remain long enough until they are stabilized; clients who walk-in and are not on a hold who need help, receive the help and are referred elsewhere or they walk out on their own; and if homeless is given help and they choose not to receive it, they cannot be held (less than 5 percent of St. Joseph's Minutes—Planning Commission September 28,2017—Page 15 of 18 s population do not take them up on their resources to go somewhere); Smith/Lombard Both Smith and Lumbard asked about the County's one (1) year, two (2) year, and three (3) year plan ("vision") as well as the location of the other facilities in the County. Linda Molina, County representative, stated the following, in general: CSU's are "sorely needed and are actively being expanded through the County's Health Care Agency's efforts"; Exodus is the first of four providers that the County has finished their contract negotiations with; due to the County's procurement rules Ms. Molina was limited as to what she could share with the Commission; there were four (4) other proposals that were deemed responsive and were in various stages of negotiations with three (3) others but she was not at liberty to go into detail with the Commission. Ms. Whitney Ayers (who spoke earlier in the Public Comments portion) added: confirmed there is a coalition of County and hospital leaders working on this issue and she was told there are actionable plans to add three (3) to five (5) CSU's within the next 3-6 months. She, too, did not have the authority to tell the Commission which cities in the County the CSU's would be going to. Mr. Raup stated that there was a strategic plan as to how they are locating the multiple sites. The applicant did look at multiple sites, investigated multiple locations, met with multiple owners, businesses and buildings to look at the outside, inside in Tustin and this site was selected. i Mason Mason asked the applicant why they selected the proposed location being that it is a retail center. She also asked if there were any-incidents (i.e. safety, police reports) at any of their other CSU facilities. 3 Mr. Raup simply stated, °There is no wrong location. Mental illness affects one (1) in five (5) individuals across the U.S. There is no wrong location when talking about our friends, neighbors, loved ones! When they looked for a location, they looked for what might fit (i.e. access, geographical area, resource availability, building size, lease, square footage, etc.). The applicant looked at Tustin, Santa Ana, Garden Grove, etc. Ms. Murphy did mention one (1) incident, but keeping in mind that they serve 35,000 clients. a year, The incident was in South Central Los Angeles — a client managed to get into the facility with a gun and shot one of Ms. Murphy's employees. The employee is fine and still works for Exodus. Since then, metal detectors have been installed. Thompson Thompson asked about the south facing entry and why the entry was not ! further off of Newport Avenue. He urged the applicant to reevaluate the entrance because to him, it did not make sense because of the concern with the operating hours and the 24-hour doors are facing south and the doors that close at normal hours are facing Newport Avenue. Thompson also asked for 3 a better understanding of what is happening during the hours being evaluated (between 9:00 p.m. and 7;00 a.m.) and what impact the noise will have (i.e. car doors slamming, people talking). If the applicant wants the hours to be I 24-hours there is obvious concern with the nearby residents. Thompson also asked about Packers Circle and whether or not it is a private or public road. Minutes—Planning Commission September 26,2017—Page 16 of 1B Mr. Okamoto stated that they looked at space planning; the different components and the function of the program could fit. Being that the proposed project will serve both the adults and youth, the youth has to be separated and the ambulance entrance wants to be between the adults and the youth when transporting. There are also common areas within the building and with the parameters and layout of the building; there was no other way to make it work with another entrance. Mr. Okamoto stated that they "did" already look at the building in every direction and this was still the best layout plan. Smith Smith asked If there was data on the different admission times (averages) across similar locations to see what the typical behavior plan is. He encouraged the applicant to stay after the meeting to answer any questions the remaining public might have. Smith brought the item to a close since it is being continued to the next Planning Commission meeting. Willkom Willkom stated that Packers Circle is a private street. STAFF CONCERNS: Willkom Willkom reminded the Commission of the upcoming Planning Director's Association of Orange County (PDAOC) Planning Official Forum on October 5, j 2017. ' COMMISSION CONCERNS: Mason Mason attended the City's 90th Anniversary Celebration. Mr. Mason will be attending the City's CERT Program (Emergency Response Training). Mason thanked the applicant and the community for attending the meeting. Lumbard Lumbard attended the City's 90th Anniversary Celebration. He thanked the residents, the Tustin Police Department, and applicant for being at the meeting. 1 Thompson Thompson attended the following events: j 3 9118 OCTA Citizens Advisory Committee • 9119 Bicycle Pedestrian Committee 9119 Tustin Patriots Dedication Ceremony in Tustin Ranch i Asked staff about the possibility of having a future discussion item request how to decorate the street name signs to reflect the branch of military service (i.e. j token, medallion being added to the sign) • 9124 The City's 90th Anniversary Celebration • 9125 Green Room reception for Lindsay Sneider Ellingson, CEO of In- N-Out Burger at Biola University 9126 Special presentation "Working Well Under Pressure" at Cal State Long Beach Thompson will be attending a ULI Conference in Los Angeles the week of October 23rd. Minutes—Planrting Commission September 26,2017—Page 17 of 18 Kozak Kozak attended the following events: • 9114 Tustin Legacy's 10 Year Anniversary • 9119 Tustin Patriots Dedication Ceremony in Tustin Ranch • 9124 The City's 901'Anniversary Celebration • 9124 Totally Tustin Food and Wine Festival Kozak also thanked everyone for their participation at the meeting, Smith Smith thanked the residents for their attendance and made favorable comments for all partles involved and the public, 11:45 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, October 10, 2017, at 7:40 p.m, in the Council Chamber at 300 Centennial Way. R TODD SMITH Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes—Planning Commission September 26,2017—Rage 1S of 18 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION AUGUST 8, 2017 7:00 p.m. CALLED TO ORDER, Given INVOCATIONIPLEDGE OF ALLEGIANCE: Thompson Present ROLL CALL: Chair Smith Chair Pro Tem Kozak Commissioners Lumbard, Mason, Smith, Thompson None PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES—JULY 11, 2017 Minutes of the July 11, 2017 Planning RECOMMENDATION: Commission meeting. That the Planning Commission approve the Minutes of the July 11, 2017 Planning Commission meeting, as provided, E Motion: It was moved by Lumbard, seconded by Kozak, to approve the Minutes of the July 11, 2017 Planning Commission meeting. Motion carried 5-0. PUBLIC HEARING: Adopted Reso. No. 2. CONDITIONAL USE PERMIT 2016-25, DESIGN REVIEW 2016-21 4347, as amended. AND LOT LINE ADJUSTMENT 2017-01 APPLICANT; Galaxy Oil Company 303 North Placentia Avenue Fullerton, CA 92831 PROPERTY OWNER: Geoff Moore Mutual Liquid Gas & Equipment Co., Inc. 17117 South Broadway Gardena, CA 90248 LOCATION: 1001 Edinger Avenue ENV]RONMENTAL: This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Sections 15301, Class 1 and 15332, Class 32. Minutes—Planning Commission August 8,2017—Page 1 of 17 REQUEST: A request to establish an ancillary service station at an existing liquid industrial auxiliary fuel supply operation located at 1001 Edinger Avenue. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4347, approving Conditional Use Permit 2016-26 and Design Review 2016-21 to establish an ancillary service station at an existing liquid industrial auxiliary fuel supply operation (UP-68-266) at 1001 Edinger Avenue, and lot line Adjustment 2017-01.to combine three (3) parcels on the subject property. Aguilar Presentation given. Thompson Thompson asked for clarification with regards to the public right-of-way (ROW) for Newport Avenue and when it is extended to the south, and connected to Edinger Avenue, that the proposed ROW design does not require any takings from the parcel(s) being considered. Aguilar Aguilar stated Thompson was correct, The Newport Avenue extension will i be realigned and will not go through the subject property. Mason Mason had a question regarding commercial vehicles being attracted to the proposed station. Aguilar Per Aguilar, there were no concerns in this regard from the Public Works department. She will follow up and`check on the traffic analysis. Kozak Kozak asked about access to.the proposed station and if access will occur through the existing entry from Edinger Avenue onto the subject property, Aguilar Aguilar stated that access will occur through the existing entry from Edinger Avenue. 7:10 p.m. Opened the Public Hearing section. i Mr. Joaquin Rice spoke in favor of, and is involved with, the project and has worked in the city of Tustin for over 10 years. Mr, Rice stated a gas station In this area would be beneficial for that route, i Mr. Jeff Moore, owner of Mutual Propane and developer of the project, was i in favor of the item, Mr. Jim Kaopolus, owner/CEO of Galaxy Oil Company, responded to Mason's question regarding traffic. Galaxy Oil Company conducts their own traffic analysis, which includes patterns and demographics of the area, He also noted this is not a full service station, but an automated station and Minutes—Planning Commission August 9,2017—Page 2 of 17 is not anticipated to take the volume of a full service station, The analysis demonstrated there will not be any appreciable traffic in that area. Mr. Kaopolus also stated that the proposed service station does have the ability to take both commercial and public customers. He noted the following: benefits to the consumer will include offering a three (3) tier pricing station (top tier brand product for cash price) and savings for consumers using debit cards, which would be a six (6) cent reduction in the gas price, Mr. Harry Heady, Heady Design, provided technical information and commended Jessica Aguilar for her efficient assistance with the project. Thompson Thompson expressed concern with the lighting and asked about the security system. He suggested reducing the glare from the lighting, which could potentially affect neighbors to the north of the site. Thompson also suggested security cameras be an added condition to the resolution. Mr. Kaopolus's response to Thompson's concerns with the security on site generally included: cameras will be installed throughout the subject property; there will be monitoring 2417; and the company created the software; and the maintenance crew will receive text alerts (within 30 seconds) for anything that occurs on the subject property (i.e. "drive-off", failure to system, and then another system will tum on); Mr. Kaopolus had no problem with an added condition to the resolution related to security. He also mentioned that even though it is an automated site, there is staff overseeing the overall operation. Smith Smith asked Mr. Kaopolus if "drive-off' meant when someone drives off with the hose still in the gas tank. Mr. Kaopolus responded in the affirmative. Mason Mason requested clarification on what is written in the Conditions of Approval, versus the amendment being proposed. Thompson Thompson reiterated his desire for a security camera in place since it would be an unmanned facility. Mr. Kaopolus further reiterated the redundancy of the system and his confidence in the system. Per Mr. Kaopolus, the City of Placentia will be using the same monitoring system on a service station in their city in the near future. Smith Smith referred to Item 2.3 of the Conditions of Approval as opposed to a 2417 monitoring system. Mason Mason mentioned the two (2) aspects of security: cameras which are monitored 247; and staff on site from 11;00 p.m, to 6:00 a.m. Minutes—Planning Commission August 8,2017--Page 3 of 17 Aguilar Aguilar reconfirmed Mason's statement, that in addition to the security cameras, the City is requiring there be on-staff security personnel during the hours of 11:00 p.m, to 6:00 a.m. Smith Smith asked the Commission to consider adding Condition 2,10 which would outline a 24-hour monitoring by camera. Kozak Kozak asked Mr. Kaopolus about his review on the traffic and left-hand turns into and out of the subject property and if there was any concern. Mr. Kaopolus stated that currently, a person would have to pass the property then make a U-tum to return to the service station. He also stated there will be future discussion on opening the median up to make it smoother for both sides of traffic. 7:24 p.m. Closed the Public Comments section. Mason Further comments from Mason included parking impacts and how the Commission would know if there were problems with parking. Binsack Binsack said City staff would monitor the parking impacts and if there is an issue, then they would address that concern with the applicant, as done with most conditional use permits, If no issues, then they would not address. Lumbard Lumbard was in support of the project. He made favorable comments to E staff, as well as the applicant. Thompson Thompson was in support of the project. Again, he suggested amending I Condition 3.6 of the Resolution adding information regarding the security camera system and shielding the lights. 7:27 p.m. Reopened the Public Comments section. Mr. Moore clarified that the existing service station is regulated by eighteen (18) different federal entities, including Homeland Security. The proposed service station already has security cameras that are compliant with Homeland Security. 7:28 p.m. Re-closed the Public Comments section. Kozak Kozak echoed his colleagues' previous comments/concerns as well as favorable comments for the project, Lumbard Lumbard asked if the Commission adds conditions on security cameras and lighting to a gas station within the city boundaries, if it would set a precedent for other gas stations in the future. Kendig In response to Lumbard's statement, Kendig stated that it is not a precedent that would be binding in any respect on this Commission or Minutes—Planning Commission August 8,2017—Page 4 of V Council because this amendment is being applied to a unique circumstance of this lot and each gas station would be considered individually. Smith Smith also made favorable comments for the applicant. He also concurred with Thompson's concern on the security camera and lighting. Binsack Binsack suggested language be added to the modification of Section 3.6 of the Conditions of Approval. She stated that the City does require photo-- metrics hoto-metrics and it does not allow for spillover of lighting and glare, which is part of the Tustin City Code (TCC). Binsack recommended an additional sentence to Section 3.6 which would state "prior to the issuance of a building permit, an on-site security and camera plan shall be submitted for review and approval by the Tustin Police Department to ensure there are no conflicts with any other agencies. Motion. It was moved by Thompson, seconded by Smith, to adopt Resolution No. 4347, as amended. Motion carried 5-0. Thompson Thompson recused himself from Item #3 since he and his wife own property near this project. Adopted Reso. No. 3. CONDITIONAL USE PERMIT 2017-08 AND DESIGN REVIEW 4346. 2017-006 APPLICANT: Michael Fox Foxlin Architects 392 Camino de Estrella San Clemente, CA 92672 PROPERTY OWNER: Joanna Baker EJM Properties 11021 Winners Circle, Suite 200 Los Alamitos, CA LOCATION: 330 EI Camino Real ENVIRONMENTAL: This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act, REQUEST: A request to remodel the interior and modify the exterior of an existing one-story commercial building to a retail storeitea shop & caf& with outdoor seating; to establish an alcoholic beverage sales establishment in conjunction with a bona fide eating establishment and to satisfy required on-site parking (six (6) parking spaces) through the Old Town Parking Exception program. Minutes--Planning Commission August 8,2017—Page 5 of 17 1 ' RECOMMENDATION; That the Planning Commission adopt Resolution No. 4346 approving Conditional Use Permit 2017-08 and Design Review 2017-006 to authorize modification of an existing commercial building to a retail storettea caf6 with on-site beer and wine (ABC License Type 41), an outdoor restaurant seating area, and a parking exception of six (6) parking spaces for the property located at 330 EI Camino Real Demkowicz Presentation given. Kozak Kozak asked if the project was conditioned to screen the rooftop equipment that is currently unscreened. Demkowicz Demkowicz responded stating there is additional screening that will be added to the rooftop with the coping and the block and it would also be required and included in a specific condition of the resolution. 7:40 p.m. Opened the Public Comments section. Mr. Mark Wilken, resident of Tustin, provided a brief background of his childhood living in Tustin: He was not in favor of the proposed architecture and style and claimed the proposed design would "destroy the history" of the building. Mr. Wilken suggested it be a mix of different architecture and , styles, and that it should be preserved. Alfio Rossetti, family member of the Roma D' Italia restaurant, was in favor I 1 of the new project. His comments/concerns generally included: concems with the Old Town Parking Study (p. 10 of the agenda packet) specifically, the statement of "significant parking resources"; surprised by the Parking Study stating there is ["endless parking along EI Camino"]; he asked how the allocation of parking spaces came about along EI Camino Real; he referred to the CUP, and asked about the minimum amount of food sales as far as whom, from the City, is responsible for auditing those sales and when does the audit occur; and how the parking study and overnight parking for the residents will be impacted along El Camino Real if and when the residential permits become effective. Mr. Michael Fox, architect, responded on the public comments which generally included: the project is a retail place primarily for brides and wedding showers; parking at the outdoor area of the cafa is a visible active covered space; and the design committee was receptive to criticism and made changes prior to approval in order to maintain the character of the building. 7:49 p.m. Closed the Public Comments section. Smith Per Mr. Rossetti's questions, Smith asked Binsack to elaborate on the date of the parking study in order to provide further detail on the current parking program. Minutes—Planning Commission August B, 2017—Page 6 of 17 Binsack As per Binsack's recollection, the City commissioned a parking study approximately in 2006 or 2007 for the Downtown area looking at the Parking Overlay District (POD), which is not just Main Street and EI Camino Real corridor. At that time, the study covered a number of private on-site spaces as well as public spaces (for inventory only). The City does not use the private spaces for public purposes, but only looked at the number of public spaces which included all on-street parking, water well site, Stevens Square site, etc. and there were approximately 700 spaces in that area that could be allocated for public use. City staff is currently updating the parking study in conjunction with the Downtown Commercial Core Plan (DCCP) and is proposing to expand the POD to be consistent with the boundaries of the DCCP area (First Street — to the north, Newport Avenue — to the east, the freeway to the west) but excludes any of the residential area. Binsack further explained, as per the allocation, the City used to allocate on a one-to-one basis in Stevens Square, on-street or within the Public Works Yard. The Fee Program the Commission would be considering this evening, which was adopted a few years ago, is for the maintenance of the approximate 700 parking spaces, When the City no longer has parking spaces to allocate, the Commission will need to consider other mechanisms. When a significant development comes up, the maintenance fee will no longer be acceptable. The City would need to provide on-site parking, pay a true in-lieu fee in order for the City to consider a parking structure or something along those lines. As to the question on the food versus alcohol percentage, Binsack mentioned the following in general: currently, the City does not generally allow traditional bars; the City j primarily allows bona fide eating establishments which require fifty-one percent (51%) food and forty-nine percent (49%) alcohol, which is the general application for the Department of Alcohol Beverage Control (ABC), plus ABC allocates certain licenses and it is a condition the City imposes through the CUPs; the City has had issues before where that is not the j case; the City can request or require gross receipts; and the City will be exploring modifications to the ABC guidelines and ordinances, which will be brought to the Commission towards the end of 2017. Mason Mason made favorable comments on the project and community. She was in favor of the project as well. To address Mr. Wilken's concern with the facade of the building, Mason asked staff to re-state to the Commission as to the process they went through with the architect to determine the facade and how it would fit in with the rest of the community. Binsack Per Mason's previous question, Binsack stated the following in general: in the event the owner was desirous of leaving the facade the way it was, they could have; when there is a significant alteration that is proposed, the City refers to the Commercial Design Guidelines, which the Council and Commission considered, in looking at any infill development to ensure it is compatible to the commercial area; there is no set style in the commercial area (i.e. western store front — Zama Tea, the Blade Smith building, the Tustin Unified School District, American Grub, etc.); the City shares the guidelines with applicants to give them ideas as to what may be compatible with the area, then it is reviewed by staff at the City's Design Review Minutes--Planning Commission August 8,2017-Page 7 of 17 ' 1 meetings; there are some character defining architectural enhancements to the existing facility and there are some things City staff would not encourage (i.e, exposed rooftop mechanical equipment), unless it was going to be a true architectural feature; and as per the interior and what is being proposed, there are significant enhancements. i' Lumbard Lumbard asked staff if they reached out to the Tustin Preservation Conservancy (TPC) or the Tustin Area Historical Society (TANS) or if they were involved at all or if they identified this building as being historically significant to the community, He was in favor of the design of the building, from a historical element, the project itself, and commended the Kelly family. Demkowicz In response to Lumbard`s question, Demkowicz stated the City did not contact TPC or TARS since the property is not historic. Kozak Kozak acknowledged Mr. Wilkins comments and his passion for the 1 building. Per the Commercial Design Guidelines, this project is a great example of the guidelines. He made favorable comments for Morning Lavender and to the Kelly family as well. As for the parking, Kozak stated that Stevens Square parking structure is under used. He suggested a plaque to recognize the building as a former Kelly shop. Smith Smith shared the comments previously made by his fellow commissioners. Parking is a constant challenge and staff is well aware. Motion: It was moved by Kozak, seconded by Lumbard, to adopt Resolution No. 4346. Motion carried 40-1. Thompson recused himself from the vote. i REGULAR BUSINESS: 's Directed staff to 4. WORKSHOP --TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT- retum with a OF-WAY mod#i'ed option for Commission The purpose of this workshop is to provide a comprehensive report to consideration at a the Planning Commission in. advance of a public hearing that future meeting prior describes three (3) specific code amendment options addressing the to notification and regulation of temporary signs in the public right-of-way (ROW) in light hearing publication. of the United States Supreme Court decision in Reed v. Town of Gilbert, AZ; and to obtain additional public input and direction from the Commission. Reekstin Presentation given. Binsack Binsack provided further insight to the Commission that if the direction is to proceed with Option One [allowing signs in the public ROW with limited duration] or Option Two [allowing signs in the public ROW with no limit on duration], staff feels the City should conduct a more significant direct mail notification to those businesses and/or residences that might be impacted the most (i.e. those that have parkways that abut the public ROW). It could i I Minutes--Planning Commission August 8, 2017—Page 8 of 17 also be a scenario where individuals are able to post signage that either the residences or the business owner do not concur with but are not able to remove that signage from an area they are actually required to maintain. Binsack also stated that it would be difficult if after the fact, the City adopts an ordinance and then there is a sign that someone wants removed and the City informs them an ordinance has already been adopted which protects the signs in place. Since the Reed case, the City has not been enforcing its ordinances as to temporary signs, except for those that create a public hazard to pedestrians or motorists. The City has been receiving complaints due to the significant proliferation of temporary signs, and the appearance of city's arterials is deteriorating. Binsack felt that if the Commission went in the directions of approving Options One or Two, things would not improve in the arterials or the public ROW's and residential areas. Reekstin Reekstin informed the Commission of the three (3) separate emails he received on this item, which were provided to the Commission. The Tustin Area Council for Fine Arts and Tustin Community Foundation oppose Option Three [all temporary signs prohibited in the public ROW]. Smith Smith referred to one (1) of the emails being from "nextdoor.com" and he did notice in the emails that the matter was posted by the City Manager's Office via the nextdoor.com website. Reekstin Reekstin stated that the matter was also posted on the City's website and other channels. He also mentioned that staff did outreach to as many individuals as possible. Ms. Gretchen Whisler, president of the TARS, respectfully opposed Option Three. She mentioned TAHS's annual fundraiser, held once per year, the Home and Garden tour in Old Town, and that the TAHS depends on their street signs and social media, in order to get the word out on their annual fundraiser. The fundraiser helps maintain the TARS museum, pay for office staff, office supplies, and fund school programs. Ms. Whisler said the street signs are collected within two (2) days of the fundraiser so as not to clutter the city. Mr. Tim Shaw, Government Affairs Director of Pacific West Association of Realtors, looks forward to partnering with the City to help make a good sign ordinance. He speaks to realtor offices to remind realtors to remove their signs when their open house is over. Mr. Shaw recently assisted the city of Yorba Linda with revising their sign oode. He asked that the City allow for I temporary signs in the public ROW and that they not be allowed in medians, sidewalks or any area obstructing a motorist's line of sight. Mr. Shaw expressed concern with the maximum number of signs being ten (10) per listing. He requested it be one (1) sign per directional tum. Mr. Shaw was in favor of having some type of identifier on each sign with the company or person's name and phone number and was also in favor of signs in the parkways, Minutes—Planning Commission August 8,2017--Page 9 of 17 Smith Smith asked.Kendig if the Commission is allowed to engage in questions the previous speakers asked. Kendig Kendig stated that it would be the Chair's prerogative to question those speakers' previous comments and/or questions. Mason Mason had clarifying, questions with regards to "public event signs" and how they are designated and placed. She asked if they are limited to how many signs they can place or limited to only what the City sponsors. With Option One [allowing signs in the public ROW with limited duration] and Option Two [allowing signs in the public ROW with no limit on duration] versus Option Three [all temporary signs prohibited in the public ROW], Mason asked why there was not more of a mid-range option since Options One and Two seem to be similar. Lumbard Lumbard's comments generally included: if the City bans all signs, then those that are complying with the City's current ordinance (i.e. non-profit organizations and realtors) are being punished. Lumbard thinks it is more of an enforcement issue and if the "identifiers" are being considered in any of the options. He asked if the City is exempt from these rules for City sponsored events (i.e. the banner over Main Street). Lumbard was reluctant to prohibit all signs and wants our streets and medians to be ! Glean. Lumbard suggested staff look at what other cities are doing in order to implement the best practioes in the community. Binsack Per Binsack, in response to Lumbard's question on the "identifiers", the City would still require identifiers on the signs. With the ordinance, for these not complying by using identifiers, the "presumed beneficiary of the sign", would be the identifier. Thompson Thompson's questions/concerns generally included the following: track j record of hate messages or signs that make us all feel uncomfortable; would like to know what the policies and ordinances are for the surrounding cities (i.e. Irvine, Santa Ana, Orange); Option Three [all temporary signs ! prohibited in the public ROW] — Broadway in the Park, Annie signs being placed on his property or is there spillover restriction stating a permit is needed; need to be careful with what is regulated in the public ROW and I residential properties; if Option One [allowing signs in the public ROW with limited duration] and Option Two [allowing signs in the public ROW with no limit on duration] are employed, can a private property owner remove the sign or does the City have to remove (what kind of enforcement would be required then); and, can the City reserve certain parkways for signage as ' opposed to all streets, i Kozak Kozak's questions/ooncems generally included the following: impacts on the non-profit organizations; city events, real estate, political signs as far as enforcement on the length of time they are up; not prepared to eliminate all regulations or even go with Option One [allowing signs in the public ROW i with limited duration] or Option Two [allowing signs in the public ROW with no limit on duration]; and he also had concern with the spillover affect the Minutes—Planning Commission August 8,2017—Page 10 of 17 potential sign ordinance can have on the neighboring cities. Smith Smith asked at the previous workshop, if the City would consider-hiring a private contract company that could administer a sign program for the City and have it be a self-funding program and if there is any other city working with this type of company. Smith asked Mr. Shaw for the majority of cities in Orange County that do not allow signage how real estate agents operate in those cities in order to comply with those rules. Binsack In response to Smith's question on a private contract company, Binsack stated that she was not aware of any other city working with one. Mr. Tim Shaw's response to Smith's questions generally included that virtually every city's sign ordinance goes unenforced and it is never brought up to that city, He cautioned the Commission when looking at other cities, to look at cities that have revised their sign ordinance since Reed vs. Gilbert and again mentioned the City of Yorba Linda. Internal enforcement is done if a realtor is not abiding by the rules. Per the time limit, realtors would need seventy-two (72) hours to remove signage and is more than accommodating. Smith Smith asked Mr. Shaw about the city of Yorba Linda's proposal and why he thought it was effective. As per the seventy-two (72) hour limit, he asked if ' it was typical for real estate signs to go up and down in the public ROW for realtors. Per Mr. Shaw, the city of Yorba Linda is allowing signs in the public ROW with the exception of prohibiting signs in the medians, on sidewalks, on light poles and he thought it was a reasonable approach that would still allow a realtor to place their signs in a way that was respectful of everyone E within the community. Mr. Shaw stated his realtors do not want signs out overnight so if they have an open house on Saturday and Sunday, they are E encouraged to remove the signs Saturday night and put them back up j Sunday moming. Lumbard Lumbard wanted to address the public and clarify the reason why this item iE was on the agenda. Reed vs. Gilbert states that cities cannot regulate signs based on content and currently the City's Sign Code regulates signs based on content which means the City is compelled to change the Sign Code based on the Supreme Court's ruling. If the City does not change the } code, the City could be sued. The City is looking at ways to make the Sign Code constitutional and not regulated based on content. Lumbard also mentioned that the City already prohibits signs in medians, sidewalks and j utility poles. The matter is really a time-based approach disallowing all signs. Lumbard asked how staff arrived with the number of commercial signs allowed being ten (10). As to the forty-five (45) day duration for political signs, he asked how staff arrived at that number and if other cities 1 do the same, He also asked If staff consulted with any non-profit organizations or other.businesses in town that put signs up to see if the number of signs is reasonable for them, Minutes—Pranrang Commission August 8, 2017—Page i 1 of 17 Reekstin Per Reekstin, staff arrived at ten (10) signs by looking at what would be considered reasonable for these types of signs (i.e. real estate open house, garage sale signs) to a number that would be sufficlent for the average number of turning movements (i.e. the signs would not be directing people completely across town, but from the general vicinity of the event. Staff is not proposing a limit on the number of noncommercial signs. Regarding the duration, it is very similar to what the City currently allows. Binsack In response to Lumbard's question, Binsack referred to Mr. Machado's email requesting a forty-five (45) day limit. With respect to the number of signs being ten (10), it would be for the commercial and/or temporary signs. If everybody gets 10, 20, 30, there would be many signs in a relatively limited area of a parkway, if every organ lzation/businessrndividuial takes advantage of locating a sign. It then becomes a proliferation of signage clutter then nobody is able to read any of the signs. Binsack further stated the desire was to try to limit the number that would be allocated to any given entity. The concem is once the number of signs is allocated, the City will be upholding that number. She also stated that the City does not have an issue with enforcement of signs, clearly signs are now allowed in the public ROW, the enforcement is much easier if the Commission allocates I Options One [allowing signs in the public ROW with limited duration] or Option Two [allowing signs in the public ROW with no limit on duration] or some variation of one of those two (2). It would take more effort to do this and individuals placing their signs may get frustrated because they may get blocked. If the Commission allocates twenty (20) signs the other ten (10) might be removed, if the City does the strict enforcement. Enforcing is not the issue. The issue is if the City wants to allocate the resources to do just that. Lumbard Lumbard stated that the City will use a reasonable approach in order to address the issue of sign blight and massive proliferation on sidewalks and intersections. Thompson Thompson asked about Binsack's reference to the notification process. If the Commission goes with Options One or Two, there would be some additional notification, For that reason, along with all of the other questions, Thompson was uncomfortable taking a position and would like to give staff additional time to provide further detail on some of the things previously mentioned and discussed. i Smith With reference to Lumbard's previous statements, Smith asked Binsack about the City still enforcing all of the rules related to the location of signs to the extent they violate current policies or the City stops enforcing content based signs or if it would put the City in violation per the Supreme Court's decision. I Binsack Per Binsack, if there are signs that are blocking any kind of traffic sign, i median or sidewalk, then the City will enforce it. Other than that, the City is generally not enforcing the temporary sign ordinances. Minutes-Planning Commission August 8,2017-Page 12 of 17 Smith Smith further asked of staff, if it is possible to set a short duration time limit on commercial signs and treat those entirely differently than residential and non-profit signs. What is not proposed is no commercial signs would be allowed certain days of the week. Kendig To answer Smith's final question, Kendig stated that it is not possible to treat commercial signs differently than residential or nonprofit The Commission can regulate commercial signs differently than non- commercial, but the Commission cannot treat commercial signs more favorably than non-commercial signs. Reekstin In response to Smith's questions, Reekstin informed the Commission that Option One [allowing signs in the public ROW with limited duration] and Option Two [allowing signs in the public ROW with no limit on duration) are being proposed. Also, the proposal shown in the staff report is that those signs would be allowed only on Fridays, Saturdays and Sundays between the hours of 7:00 a.m. and 7:00 p.m. Kozak Kozak asked about public outreach and if there is some way that the staff could ask the nonprofit organizations, by outlining the timeframe, j placement and the removal of signs, to get them to buy into the proposed ordinance -before moving forward to City Council. If the non-profit organizations could state what they support rather than what they do not support, it would be of importance to the Commission. Binsack In response to Kozak's question, with the exception of the timeframes, Options One and Two would allow signs where they are allowed to locate now. Binsack stated that outreach to the non-profit organizations can be done as well. Lumbard Lumbard referred to the table within the staff report— he is not interested in prohibiting afl signs for the various reasons discussed previously. Non- profits, free speech, do need to allow the City to have some enforcement for non-commercial signs too; especially signs that are offensive to the community and Option Two has no limit on duration for those, which he is opposed to. Lumbard was in favor of Option One. Mason Mason concurred with Lumbard's previous comments. She also added that the Commission needed to make sure to address what the real Issue is which is the sign blight and not necessarily the legal issues and to not forget what the Commission's current position is. Mason suggested another option in terms of timing and enforcement on non-commercial signs (45 days and no signs at ail). She concluded that the enforcement detail would be beneficial'in the next discussion in terms of what is sent out to the community, as options. Thompson Thompson concurred with Mason's suggestion on either creating another option or modifying Option Two. i Minutes—PlanningCommission August 8 2017—Page 13 of 17 9 � S I i 3 Binsack With all of the comments/suggestions the Commission made previously, Binsack formulated the Commission's consensus as follows: Option Three [all temporary signs prohibited in the public ROW] is not an option; possible modification of both Option One [allowing signs in the public ROW with limited,duration] and Option Two [allowing signs in the public ROW with no limit on duration]; or that City staff develop another option and bring it back to the Commission, not necessarily in the form"of an ordinance, but just the provisions presented with the staff report so that staff can go back to the non-profit community; and another public notification to individuals that may be affected (businesses that front on public streets, parkways) and may be impacted more significantly than individuals that live on properties on private streets. Smith Smith was in agreement with Binsack's consensus since there is a desire not to come to a broad conclusion. He was in favor of Option One. ' I Kozak Kozak asked Binsack that in the report that is brought back to the Commission, to include checking with other cities that do have an ordinance in place which has addressed Reed vs. Gilbert. If the Commission is going to pick a number other than the "45 days", to make sure that number is feasible for communities as well. Smith Smith re-opened one (1) area in question which is the idea of defining areas in the city where we would actually allow signage to be posted. As opposed to stating certain areas are allowable for signage, the option could state no signs allowed in a certain ROW. Smith asked if it would that be viable to enforce and if it gives the Commission the capacity to reduce the areas of sign blight in the community. Binsack Binsack's response to Smith's questions generally included: .the City can enforce signs allowable in certain areas, as well as having no signs allowable in other areas; whether or not people will abide by those rules Binsack believed they would not; if major arterials are identified as an allowable area, and other public streets signs are not allowed, the smaller streets are not as visible and people will place signs there anyway since it is a public ROW; what is feasible — where staff identified signs can be located between twenty-five (25) and 300 feet of an intersection; and she felt grouping the areas where signs are allowed reduces sign blight versus picking and choosing which streets allow signs. Smith Smith asked the Commission if they were interested in restricting certain areas for signs. Thompson Thompson further stated, "there is a very compelling argument that over three-fourths (3/4) of the cities in Orange County restrict signs altogether". He is looking at containment and what is it that the City can learn from other cities. Not that he is favor of this, but it "should be kept on the table and then hopefully when comparing the options, something will stand out with what feels more comfortable for our community and our city". t i Minutes--planning Commisalon August 8, 2017—Page 14 of 17 i Binsack In response to Thompson's statement, Binsack's concern was with the notification because there are some areas where signs are located that do not impact individuals because it backs onto an arterial and there are some areas where people who live on those streets are impacted (i.e. parkways inundated with signs all of the time and will be inundated with signs going forward). Smith Smith commented further on how Mr. Shaw handled professionals in his company in terms of areas where signage is not allowed and yet there are signs. He also asked Binsack about her experience with other city staff professionals within Orange County where they do not enforce and if she observed their experience with enforcement behavior. Binsack Binsack stated she had experience personally since she has worked in multiple jurisdictions where signs are not allowed in a public ROW. For the most part, rules were enforced. Around the political elections signs would be in the public ROW, cities would get inundated and a determination is made as to whether or not to enforce that requirement. Tustin has a significant number of illegal signs posted. i Reekstin Per Reekstin, City staff has looked at the sign ordinances in all thirty-four (34) cities, conducted outreach, and it is difficult to find cities that have changed their sign codes since the Reed case because most cities do not feel the necessity to if they prohibit signs in the ROW, and do not wont' about signs on private property as is not necessarily a,priority. The City of Irvine adopted an ordinance and implemented a provision which only applies to commercial signs but they have to be based in Irvine and not be able to have a permanent sign. Staff did look at other cities and felt the options provided to the Commission was the best approach but can certainly provide more information and follow the Commission's direction to fine tune it. a Smith Smith's closing comments generally included the Commission's consensus as follows: • interested in an additional Option Three • eliminate the current proposed Option Three (all temporary signs [ prohibited in the public ROW) • additional outreach to the non-profit community Mason Mason's closing comments generally included: • leave Option Three • eliminate Option Two (allowing signs in the public ROW with no limit on duration) • find a timing and number median that is closer to Options Three Thompson Thompson concurred with Mason's suggestions. Kozak Kozak concurred with Mason's suggestions. Lumbard Lumbard concurred with Mason's suggestions. Knutes--Planning Commission August 8,2017—Page 15 or 17 Binsack With all of the Commission's final thoughts, Binsack informed the Commission that the following would occur from their direction: • staff will try to craft the options so that they are clear what the differences are and also the rational for each option • staff to bring the amended options back to the Commission first, to ensure they have what the Commission suggested • once the Commission has reviewed/approved, staff will include in the proposed ordinance then provide direct notification • conduct a public hearing before the Commission • make a recommendation to the City Council STAFF CONCERNS: Binsack None. COMMISSION CONCERNS: Thompson Thompson thanked those folks who sponsored the foster care camp which he was part of in July. He attended the following events: • 7118: OCTA Citizens Advisory Committee • 7f24: Association Califomia Governments of Orange County — Transportation Forum • 7131: Harvard Business School "Negotiation and Decision Making" Mason Mason thanked staff for their time and effort on the Signs discussion. End of summer concert series at the Concerts in the Park on August 9, 2017. Mason attended Concerts in the Park July 26, 2017 and August 2, 2017. Lumbard Lumbard attended the following: • 7118: OCTA Citizens Advisory Committee • Italy trip Happy Anniversary Mr. and Mrs. LumbardI Lumbard shared an article from the Western City magazine (Page 31) "Protecting Your Professional Reputation Online" by Ryder Todd Smith. Kozak. Kozak thanked staff for their hard work on the agenda items. He attended the following events: • 7112: Patriots Day Program (next program will be 9/20) • 7118: OCTA Citizens Advisory Committee • 7121: Comedy Night at Tustin Ranch Golf Course sponsored by Tustin Chamber of Commerce and the Tustin Exchange Club fundraiser for Veterans Smith Smith thanked staff for their efforts on all of the staff reports presented. Minutes—Planning Commission August 8,2017—Page 16 of 17 9;24 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, August 22, 2047, at 7;00 p.m. in the Council Chamber at 300 Centennial Way. R DER T DD SMITH Chairperson 1ZABETH A, BI SACK Planning Commission Secretary i j a i i I i 4 Minutes—Planning Commission August B, 2017--Page 17 of 17 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JULY 11, 2017 7:00 p.m. CALL TO ORDER. Given. INVOCATION/PLEDGE OF ALLEGIANCE: Smith ROLL CALL; Chair Smith Chair Pro Tem Kozak Commissioners Mason, Lumbard, Thompson None. PUBLIC CONCERNS. CONSENT CALENDAR: Appmved the 1. APPROVAL OF MINUTES -,JUNE 13, 2017 Minutes of the June 13, 2017 RECOMMENDATION: Planning Commission That the Planning Commission approves the Minutes of the June 13, { meeting, as 2017 Planning Commission meeting, as provided. a amended. Motion. It was moved by Lumbard, seconded by Thompson, to approve the Minutes of the June 13, 2017 Planning Commission meeting, as amended. Motion carried 5-0. None. PUBLIC HEARING: REGULAR BUSINESS: j 2. NATIONAL REGISTER OF HISTORIC PLACES SUPPORT OF NOMINATION FOR DAVID HEWES HOUSE, 350 SOUTH B STREET � Adopted The State of California Office of Historic Preservation (OHP) has Resolution No. notified the City of Tustin that it wi[I consider and take action on the 4345, as nomination of the Hewes House located at 350 South B Street to the amended National Register of Historic Places on July 28, 2017. The National Register is the federal govemment's official list of historic buildings and other cultural resources worthy of preservation. Listing in the National Register provides recognition and assists in preserving California's cultural heritage. When a property is listed on the ? National Register, it is automatically included in the California Register of Historical Resources (California Register). I Minutes--planning Commission July 11,2017—Page 1 of 5 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4345 in support of the nomination to add the David Hewes House located at 350 South B Street to the Secretary of Interior's National Register of Historic Places (National Register); and, direct transmittal ' of Resolution No. 4345 to the State of California Office of Historic Preservation. Dove Presentation given. Smith Smith noted that Mr. and Mrs. Jennings were in the audience. Mrs. Jennings relayed to the Commission the importance of the David Hewes House being added to the National Register, since there are only four (4) buildings including the Stevens House and the Rutabegorz building on the National Register. She also mentioned July 26, 2017 being the.date that the David Hewes House will be nominated. Thompson Thompson made favorable comments on the David Hewes House. Kozak Kozak made favorable comments on the David Hewes House, and he congratulated Mr. and Mrs. Jennings on the nomination, � Mason Mason made favorable comments. She asked staff how the Commission could play a more active role in identifying other buildings in Old Town in order to be submitted to the State of California. Binsack In response to Mason's question, Binsack staffed that the Commission sits in a capacity as an advisory board to the City Council on historical and cultural matters. She suggested that the Commission make a recommendation to the City Council and then staff can forward, as a recommendation, in a more formalized fashion. Per Binsack, since this discussion item was not on the agenda, she also suggested that staff bring the item to one of the future Commission meetings to explain the process (i.e. what qualifies, what does not) along with a brief summary as to what the process might look like. Kozak Kozak added to Binsack's suggestion a location map where some of the eligible buildings are located. Binsack Binsack further explained to the Commission that staff would provide two (2) surveys, as well as a brief presentation on the efforts that have been taken in ' the city to date. Lumbard Lumbard made favorable comments to Mr, and Mrs. Jennings and the David Hewes House. Smith Smith made favorable comments to Mr. and Mrs. Jennings and the David Hewes House. ; Minutes--Planning Commission July 11,2017—Page 2 of 5 Motion: It was moved by Thompson, seconded by Kozak, to adopt Resolution No, 4345, as amended. Motion carried 5-0. Thompson Thompson introduced students from the Urban Land Institute Leadership Program, who were in the audience (Kevin Lee of Cambridge Consolidated, Mike West of Inland West, and Ryan O'Connell of Hugh Schreiber). 3, SUMMARY OF PROJECTS Received and The report focuses on the status of projects that the Planning riled. Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items which may be of interest to the Commission. RECOMMENDATION: That the Planning Commission receive and file this item. DiLeva- Presentation given. Johnson Binsack Binsack provided an update to the Commission on the Flight at Tustin Legacy ("creative office") at Red Hill and Barranca Parkway which was approved by the Commission and City Council. She stated that the real- estate transaction is now closed, most of the buildings have been plan checked and permitted, and grading will commence soon. Mason Mason asked staff how the Summary of Projects can be made available to the public. She also asked the Chair about the signage the Commission is considering for the Old Town and if that would be an opportunity for the Commission to partner with City Council to engage the community and other businesses. Binsack In response to Mason's question, Binsack stated that the Summary of Projects is presented to the Commission, the City Council, and it is made available on the City's website, She also stated that the City also participates in the Business and Economic Development Committee meetings, which is partnered with the Chamber of Commerce, and updates are provided to them on a monthly basis. Smith In response to Mason's question on partnering with City Council and the community on signage, Smith stated he would be happy to have an informal conversation with her. Lumbard Lumbard commended DiLeva-Johnson for the presentation as well as City staff on their hard work with the many projects. He asked for a future report on the Veterans Sports Park and what the delay was on the project. Lumbard also asked about the construction status or an updated schedule j for the Tustin Academy, high school and junior high school. He also asked Minutes—Planning Commission July 11,2017—Page 3 of 5 • 714: Fireworks Display at Tustin High School --- kudos to Parks & Recreation staff for another great event. Kozak thanked Chair Smith for doing such a great job! Mason Mason informed every one of the Comedy night event, sponsored by the Tustin Exchange Club on July 21, 2017, She also mentioned "Tustin Rocks", found on the Facebook page, where kids can take rocks from the community, paint them, hide them around the City, and provide clues. Lumbard Lumbard was also honored to participate in the Patriots Program for the Street Sign Dedication of 2nd Lieutenant Bristow. He suggested naming streets after the veterans at the Tustin Legacy in order to honor them. Happy belated Flag Dayl Happy belated 4t' of July! Last night the TUSD voted to adopt bi-district map. They are changing from at large to by-district which is for future school board elections. Lumbard also mentioned the homeless encampment issue and the upcoming City Council meeting on July 18, 2017 addressing the issue. Smith Smith echoed Lumbard's comments in terms of the significance of the homeless challenge the City is facing and trying to seek effective resolutions. 7:38 p.m. ADJOURNMENT: i The next regular meeting of the Planning Commission is scheduled for Tuesday, July 25, 2017, at 7.00 p.m. in the Council Chamber at 300 Centennial Way, I Of YDER ODD SMITH Chairperson I ELIZABETH A. BINSACK Planning Commission Secretary Minutes-Planning Commission July 11,2017-Page 5 of 5 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JUNE 13, 2017 7:00 p.m. CALL TO ORDER. Given. INVOCATION/PLEDGE OF ALLEGIANCE: Thompson ROLL CALL: Chair Smith Chair Pro Tem Kozak Commissioners Mason, Lumbard,-Thompson Swom in by Mayor 1. SWEARING-IN CEREMONY FOR CHAIR SMITH, CHAIR PRO Dr, Bemstein. TEM KOZAK, & COMMISSIONER LUMBARD None. PUBLIC CONCERNS Smith Smith asked the Commission if they were in agreement to hear item #7 prior to hearing Item#5, which they were. Approved the CONSENT CALENDAR: Consent Calendar. 2. APPROVAL OF MINUTES--APRIL 25, 2017 ' 1 RECOMMENDATION: That the Planning Commission approves the Minutes of the April 25, 2017, Planning Commission meeting, as provided. 3. FISCAL YEAR 2017-2018 CAPITAL IMPROVEMENT PROGRAM 1 FINDING OF CONFORMANCE WITH THE GENERAL PLAN 3 The Planning Commission is required to review the projects in the j Capital Improvement Program (CIP) and verify their conformance with the General Plan. The City Council will soon be adopting the Fiscal Year 2017-2018 budget and appropriate funding for the ensuing year CIP projects. There are new projects proposed in this years CIP, as well as carry-over projects from prior years. ENVIRONMENTAL: Environmental documentation and/or clearance for most projects have been completed. Environmental documentation for the other projects will be prepared or initiated prior to start of construction. Mlnutes»Planning Commission June 13,2017--Page 1 of 15 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4343 finding the proposed FY 2017-2018 Capital Improvement Program in conformance with the General Plan pursuant to Section 65401 of the California Government Code. Motion. It was moved by Thompson and seconded by Lumbard, to approve the Consent Calendar. Motion carried 5-0. 7:06 p.m. Opened the Public Hearing Section of the Meeting. PUBLIC HEARING ITEMS: 4: CONDITIONAL USE PERMIT (CUP) 2017-07 TO EXTEND THE HOURS OF OPERATION FOR A KARAOKE MUSIC STUDIO AT 14661 & 14571 RED HILL AVENUE A request to extend the hours of operation of a karaoke music studio within a 5,000 square foot tenant space at an existing large retail center located at 14561 & 14571 Red Hill Avenue. APPLICANT: Sung Hak Ko JDS Total Design Solation 3183 Wilshire Blvd., Suite 610 j Los Angeles, CA 90019 PROPERTY OWNER: Richter Farms Trust Interpacific Asset Management Co. 5505 Garden Grove Blvd., Suite 150 Westminster, CA 92683 ENVIRONMENTAL STATUS: i This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301, Class 1 pertaining to existing facilities. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4342 approving CUP 2017-07 to extend the hours of operation for a karaoke music studio in an existing 5,000 square-foot tenant space located at 14561 & 14571 Red Hill Avenue. i Dove Presentation given. Thompson Thompson asked when the applicant opened his business. He also j asked that prior to this business, if.the applicant had done business in Minutes—Punning Commission.lune 13,2017—Page 2 of 15 Tustin before and if there was a standing reputation. Thompson referred to the conditions within the report and asked if they were the same conditions from the previous report, with the exception of the change in hours. Dove Dove stated that the business opened on March 6, 2017, and that they are new to the City of Tustin and have an existing business at another location outside of Tustin. She included that there have been no official complaints through the Tustin Police Department Dove also stated that the only thing eliminated within the conditions had to do with plan conditions. Mason Mason asked Dove to confirm there have been no calls since the submission of the agenda packet. Dove In response to Mason's question, Dove spoke with the Tustin Police Department on June 12and nothing had been reported. Lumbard Lumbard referred to the proposed conditions and asked staff if there are six (6) substantiated calls for service, does it automatically revert to the original hours and would the City still have the authority within the CUP to modify those hours if there are less than six (6) calls for service. Bobak In response to Lumbard's questions, Bobak stated that there is always authority and a specific condition that allows the staff to bring the item back to the Commission if there are any concerns. If there were significant concerns, for example, four (4) extremely serious issues, but not sic (6), then staff would have the discretion to bring the item back to the Commission. 7:17 p.m. Opened the Public Comment Section of the Item. 7:17 p.m. There were no public comments; therefore the Public Comment Section was closed. � Thompson Thompson made favorable comments to the applicant and the business. 3 i Lumbard Lumbard's commentstooncems generally included: he mentioned the original application, the restricted hours so as not to have one business open that did not match the hours of the surrounding businesses; the impact it might have on the neighborhood; his concern with noise level with the extension of hours and more people at the business late, which is what the City was trying to avoid; he had hesitation to allow it j wholesale without the expectations being more likely going to have complaint calls; and Lumbard was prepared to support the extended hours with the assurance that if there were issues, then the item would be re-evaluated. E Minutes—Planning Commission June 13,2017—Page 3 of 16 I Mason Mason concurred with Lumbard's concerns in terms of the area and decision made prior and that she was in favor contingent upon the ability to re-evaluate should there be disruptions. Kozak Kozak agreed with staffs recommendation, particularly in light of the new Condition within the Conditions of Approval submitted by Dove. He. requested that staff report back to the Commission, after a 90-day period, which would complete the typical six (5) month review period on their performance. Smith Smith was also in agreement with the comments previously made by his fellow commissioners. He mentioned giving the applicant flexibility instead of giving up rights, but give the Commission the ability to return l back to a more controlled position if noise becomes an issue. Motion: Smith moved to adopt Resolution No, 4342, with the caveat that in three (3) months' time, that the Commission receive a report back from staff. It was seconded by Kozak. Motion carried 5-0, Binsack Bmsack confirmed with the Commission that the dem would be placed On the Consent Calendar in the form of report at a future meeting. Smith previously stated moving Item #7 before Item#5. REGULAR BUSINESS: 5. TUSTIN HISTORIC REGISTER NOMINATION —WILSON HOUSE —148 NORTH B STREET Owners of historic homes or commercial buildings in Tustin are eligible to participate in the City's plaque designation program, called the Tustin Historic Register Plaque Program. The current property owners, Mr. and Mrs. Norman Alas, are nominating the property at 148 North B Street for addition to the Tustin Historic Register Plaque Program. The property owner nomination is being brought forward to recognize that the building is a significant example of the Colonial Revival architectural style in the City of Tustin and was constructed in 1923. The Wilson House is an appropriate name based on the original owners, Mr. and Mrs. J. L. Wilson, who purchased the property on August 29, 1923. The Conservancy and Historical Society have both indicated their concurrence with the proposed name and date of the property. RECOMMENDATION: That the Planning Commission approve the nomination of 148 North B Street to the City's Historic Register Plaque Program and select "Wilson House - 1923" as the most appropriate historical name and date of construction of the property. Minutes--Planning Commission June 13,2017—Page 4 of 15 Dove Presentation given. Thompson Thompson made favorable comments and offered to approve the nomination. Mason Mason also made favorable comments and agreed with Thompson. Lumbard Lumbard made favorable comments regarding the historic program and was also in support of the nomination. Smith Smith echoed his fellow commissioners' comments and commended the property owners for the upkeep of their home, Kozak Kozak also echoed his fellow commissioners' comments as well as commending the property owners. Carson Alas,daughter of Mr. and Mrs. Alas, thanked the Commission for their support. Mrs. Alas also thanked Dove for her assistance with the nomination. Motion: It was moved by Thompson, seconded by Mason to approve the nomination of 146 North B Street to the City's Historic Register Plaque Program and select Wilson House -- 1923" as the most appropriate historical name and date of construction of the property. Motion carried 5-0. Smith Smith and Lumbard recused themselves from Item #6 being that they live in the Tustin Legacy area. Kozak to Chair the item. 3 PUBLIC HEARING: ! 6, TUSTIN LEGACY SPECIFIC PLAN AMENDMENT 2015-01, GENERAL PLAN AMENDMENT 2015-02, AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT A request for MCAS Tustin Specific Plan Amendment 2015-01 to allow 2,212 additional homes and 1,755,306 fewer square feet of i nonresidential building space at Tustin Legacy and to introduce new mixed-use urban and mixed-use transit land uses in the project E area. General Plan Amendment 2015-02 would include minor text amendment to ensure consistency with the proposed Specific Plan Amendment. j E f APPLICANT: City of Tustin 300 Centennial Way Tustin, CA 92780 LOCATION: Tustin Legacy (Formerly MCAS Tustin) ! Minutes—Planning Commiasion June 13,2017—Page 5 of 15 ENVIRONMENTAL: On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact StatementlEnvironmental Impact Report (FEISIEIR) for the reuse and disposal of MCAS, Tustin, On December 6, 2004, the City Council adopted Resolution No. 0476 approving a supplement to the FEISIEIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an addendum to the FE1S/EIR and, on May 13, 2013, the City Council adopted Resolution No. 13-32 approving a second addendum to the FEISIEIR. The FEISIEIR, along with its addenda and supplement, is a Program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR, addenda and supplement considered the potential environmental impacts associated with development on the former MCAS, Tustin. A Final Supplemental EIR #2 (FSEIR) for the Tustin Legacy Specific Plan Amendment and General Plan Amendment has been completed. The FSEIR analyzed impacts to eight environmental topical areas: air quality, greenhouse gas emissions, land use and planning, noise, population and housing, public services (schools), transportation and traffic, and utilities and service systems, Pursuant to Public Resources Code and CEQA Guidelines, the changes proposed by the project would not result in any new environmental impacts, or increase the severity of environmental impacts. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4339, recommending that the City Council finds the FSEIR for General Plan Amendment (GPA) 2015-02 and MCAS Tustin Speck Plan Amendment (SPA) 2015-01 is adequate. 2. Adopt Resolution No. 4340, recommending that the City Council approve GPA 2015-02 for minor text amendment to ensure consistency with the proposed Specific Plan Amendment 2015- 01; 1 i I !I f Minutes—Planning Commission June 13,2017—Page 6 of 15 I . I i 3. Adopt Resolution No. 4341, recommending that the City Council adopt Ordinance No. 1482 for Specific Plan Amendment 2015- 04 by changing the mix and layout of land uses, introducing mixed-use transit and mixed-use urban, and allowing 2,212 additional homes and 1,755,306 fewer square feet of nonresidential building space. Binsack, Willkom Binsack thanked the Commission for their efforts in reviewing the & PlaeeWorks documents within the report, as well as all parties involved including: PlaceWorks, City staff, especially the project management of Justina Willkom, as well as others including Doug Stack, Ken Nishikawa, Krys Saldivar, John Buchanan, Jerry Craig, Ryan Swiontek, etc. Presentation given by Binsack on the background, Willkom on the notification and comments from agencies, Karen Gully on the plan, and Nicole Morse on the environmental documents. Thompson Thompson referred to the staff report with regards to the development that has already occurred, but in the Specific Plan document he asked if there is a summary of what is already on the ground versus what is looking ahead. Thompson also stated that If the information is not in the Specific Plan documents, he suggested integrating what is in the staff report, into the Specific Plan documents. Willkom In response to Thompson's questions, Wllikom referred to Page 7 of the staff report (Table 2) which provided the statistical summary of the adopted Specific Plan compared to the proposed Specific Plan, as to what has been built or approved or entitled, and the remaining to be built. She further stated that the Specific Plan is a regulatory document that typically does not contain the number of built/existing developments. Willkom added that with regards to the environmental, there is information related to what has been built and what is being proposed to capture the existing and proposed conditions. Binsack Binsack also added, that the Specific Plan is a regulatory document, similar to the Tustin City Code (TCC) or the Zoning Code, and when the City approves a development project in the city, staff does not modify the TCC or the General Plan to identify that a project has occurred somewhere. She further explained that as part of the EIR process and the Mitigation Monitoring Report updates on the Tustin Legacy, which are brought to the Commission and the City Council on an annual basis which shows what was approved, what was constructed, and what is remaining. Binsack included that in order to modify the Specific Plan document, staff would have to go through a public hearing and amend the document which is why through the Mitigation Monitoring program, staff is able to provide updates to the Planning Commission and the City Council annually. i i l l Minutes—Planning commission June 13,2017—Page 7 of 15 I Thompson Thompson's expressed concern with trying to understand what was remaining because he felt it was difficult to understand since there are now 6,500 units that are proposed but it appears half of the units are already built. He suggested adding this information in an appendix or footnote. Binsack Binsack asked if the Commission was desirous, -staff could incorporate Table 2 from the staff report, into the Specific Pian document. Kozak Kozak asked if what she stated would require an amendment or modification to any of the recommended actions. Binsack In response to Kozak's question, Binsack informed him he could make that recommendation to the City Council, the adopting body. Mason Mason asked about the agencies that reached out to City staff with concerns, where staff responded June 1, 2017, if there was any closure expected from the feedback based on staffs response that their needs have been met. Willkom In response to Mason's question, Willkom stated that under the CEQA law, the agencies that responded generally have ten (10) days to respond, prior to final action. She included that as of the meeting date, other than the two (2) agencies that provided comments, which were provided to the Commission, other agencies had not responded further. 8:15 P.M. Opened the Public Comments Section. i Mr. Tab Johnson, resident and board member of Columbus Square, in 3 general voiced his comments/concerns with the following; the notification process (i.e. community boards affected by the project) before the Specific Plan is adopted; he was unaware of community 3 meetings; he requested an additional review period; concern with removing critical mass from Planning Areas (PAs) 13, 14 and moving to PA 15; concern with what would become of PA 15; and he referred to Footnote #6 and how community senior housing is considered commercial. i Ms. Shelly Madison, resident of Tustin Field 1, spoke in opposition of the Rem and her concerns generally included: housing development as well as the change in the number of housing units; traffic studies; new housing development (Amalfi Apartments) looks like "public housing"; concern with density; crime rate will increase; overbuilding parking; she would like to see more jobs; the city needs police sub-stations (central, north and south); increase in homeless population; increase to already overcrowded schools; and said she was not notified by her HOA of this item. 8:29 p.m. Closed the Public Comments Section. Minutes—Planning Commission June 13,2017—Page 8 of 15 Binsack In response to the concem with notification, Binsack stated that the City did hold multiple public workshops, with the first workshop occurring in 2013, which was when the City Council asked staff to undertake an effort to determine the various mix of land uses that made the most sense and the most successful going further and to ensure the City did not breach in any environmental threshold. She stated that not everybody is going to live and work in that community but that there is also a desire to try to encourage a comprehensive community. Binsack referred to the Flight (creative office) as an example which the City Council and the Planning Commission approved this past year. She added that the desire is to ensure there are places that people will be working there and will have the opportunity to live within that community (i.e. to reduce the amount of traffic congestion). The goal is create a sustainable masterplanned community. Binsack also said there were at least three (3) other public workshops held in 2014 and 2015 (i.e. The Chamber, ULI, Tustin Academy) and all documents were provided on the City's website. As for the public hearing, City staff went above and beyond, which is required by State law, and as far as the legal notification, Binsack recognized not everybody reads the newspaper, which is why the larger notification of the newspaper included all of the existing established I communities. Staff also provided postings at all major entrances of the E Tustin Legacy. Lastly, Binsack stated that the Commission would be the recommending body to the City Council, typically 30 days later with two ! (2) hearings before the City Council. I Thompson Thompson asked if the notices were sent to the HOA's. Binsack Binsack stated that State law identifies if it is over a certain number of individuals that are to be notified, it allows for an altemative way 'of providing notification. Again, staff went over and above that requirement and did provide HOA notification. Kozak Kozak asked about traffic and circulation. He asked staff to explain how those areas were analyzed and at what depth, other than relevant studies. I Nicole Morse, PlaceWorks, stated that they looked at the original traffic analysis and then hired Stantec to prepare a traffic study to look at the build out of the proposed Specific Plan. She also stated that all of the mitigation measures that were identified in the original EIR apply also to the proposed Specific Plan. Ms. Morse included that all of the intersections that were studied showed no new impacts, and there were no new mitigation measures required. Mason Mason asked for further clarification in terms of the traffic and density through the traffic study, and if PlaceWorks saw a material increase or decrease in the traffic patterns during that time based on what was approved prior. Minutes--Planning Commission June 13,2017—Page 9 of 16 Ms. Morse stated that Mason was correct. She included that PlaceWorks had to look at another traffic analysis to see how the distribution of.traffic would change because even though there was an increase in total number of trips, there was not a re-distribution because of the new mix of land uses between residential and non-residential. Saldivar Krys Saldivar, Public'Works, further explained that staff and P1aceWorks compared the modified Specific Plan with the adopted Specific Plan, which was their criteria in determining significant impacts, She explained to the Commission that if they were to look at the traffic analysis today to 2035 build out, there will be an increase in traffic, but as far as what the City is obligated to do during this traffic study is to determine the impacts due to the changes that staff is proposing to the Specific Pian. Saldivar stated that there were no significant impacts at what was analyzed previously. Kozak Kozak commented that the mix or patterns of traffic would change but not the overall traffic average daily travel, etc. Saldivar Saldivar explained that the non-residential trips do not change but with the increase in the number of units, it would increase the overall trip generation for the Specific Plan. Thompson Thompson commented on what Binsack stated previously, referring to the number of units being considered and the original non-residential units, and finding a better balance between the two (2) along with the studies that have been done. Binsack In response to the comments previously made on the senior project being identified as a commercial use, Binsack explained that it is not reflective as being similar to the Coventry, which was located at Columbus Square. She added that the senior project, as a commercial use, is more of a congregate care facility, which can be considered commercial use versus a residential use even though individuals reside there. It operates more as a commercial facility versus a residential facility. Binsack further stated that in some instances, it can be considered "half and half", it just depends on how independent living occurs at a facility such as that. The City would make that determination if such a facility were to come in for a presentation. As per the comment regarding the need for a police sub-station, Binsack stated that the City/Police Department are currently considering a police sub-station in the near future, Mason Mason asked for the time period for the community. Willkom Willkom stated that the analysis shows the build out would be 2035. i 8;39 p.m. Kozak Re-Opened the Public Comments Section. Minutes—Planning Commission June 13,2017—Page 10 of 16 Mr. Johnson further commented that he understood staff has met the legal requirements, as well as going above and beyond, but he feels the City should be following the same procedural standards as private developers would, as far as notification. 8:43 p.m. Kozak Closed the Public Comment Section. Thompson Thompson thanked the two (2) residents for speaking. in general, he commented on the following; the feedback received and how if fits into the plan; traffic being a key issue and a part of the history of the Specific Plan; he stated it was interesting to see that today's comments from the City of Irvine were simply "clarification", there's no lawsuit pending; agreed with the comments the two (2) residents stated previously regarding traffic; he embellished on the mobility and connectivity of the area, and referred to the South Coast Plaza as a model and the bridges that connect from the street; discussed regional planning and potential pathways that could occur in the future between the area and the i Metrolink as well as John Wayne Airport, and used Tustin Ranch Road ! as an example of such connectivity; referred to the Katherine Spur bike trail as a "bad example" that wasn't mapped; discussed water conservation and provided the example that when communities grow, the demand for water actually falls even though there are more units, so he suggested staff collaborate with Irvine Ranch Water District, and when the City is proposing these water features in the community, they should have a recycled component to them. Mason Mason suggested an opportunity for the public to provide input into the Specific Plan. She stated that when the developers come in to propose to the communities, the public will have an opportunity to provide input as we build out over time. Mason included that addressing the needs of the community and that it is meaningful for Tustin over the long term and there will be opportunities for amendments. She referred to SPA Section 5.2.4 "commitment to take input from the public" and to make sure the community is heard and is vocal. Kozak Kozak's comments generally included: he sees the document as a programmatic master plan for the purpose of identifying the types of development, uses, to reposition the available, developable land that is currently available on the Tustin Legacy, and reposition that land and the developments that would be entitled so that they meet market demand, is a complete community, and is reflective of Tustin through 2035; he appreciates the comments from the two (2) residents that spoke; the mixed-use concept is something that is aimed at the current and future homebuyers of the millennial generation; the reduction of the non- residential/commercial uses will be balanced out through the individual projects and entitlement proposals that will be coming through and staff ! will be looking at each individual proposal to fit into the Specific Plan, as well as the connectivity to other modes of transportation; he stated it would be appropriate for the Commission to take the three (3) recommended actions under consideration and would entertain a Minutes—Planning Commission June 13,2017—Page 11 of 15 motion, with the comments from Thompson indicative of reporting back previously mentioned by his fellow Commissioners Thompson Thompson was in support of Kozak's recommendation, with some qualifications, which' were discussed earlier on clarification in the document to show what has been completed so far and what is remaining, as it relates to the amendment. He asked staff how to embellish the aspect of mobility and land use in future considerations. Also, if the City Council could consider having a pathway added that is not defining a project but it is a pathway that could support a future project (i.e. linear parkway). Thompson again mentioned the water conservation aspect. Also, that staff make it clear when the next public workshop is and to continue to go above and beyond on the notification process. Mason Mason had favorable comments on the presentation and the presenters. Again, she addressed the audience as to the residents who spoke their concerns. Mason also commended the entire team for doing a "stellar" job. She asked if there is an aspect between now and before the item is presented to the City Council on an education forum for the community to address concerns as we continue developing the area. Kozak Kozak asked Bobak if the Commission could direct staff to provide those comments to the City Council, and if the Commission is nearing or over the scope of the EIR. Binsack Binsack's response to the eommentslconcems previously made generally included: she referred to Table 2, which identifies the summary of where the City is and where the City is potentially going and incorporating the suggested comments Thompson made previously into the Specific Plan; multi-mobile systems on a regional basis and identifying a transportation system (i.e. rail line) on a map would be beyond the scope of this item and the City Council did this at the last strategic plan workshop meeting and discussed updating the City's General Plan and that would be the appropriate time for the City to take a look at this; she told the Commission they could make a recommendation to the City Council identifying they would like staff to take a look at moving forward; water conservation/efficiency — Is a necessity and would be incorporated into any water feature proposed in the future and could also include that as a Commissioner comment that was made and a concern identified at the hearing; the Commission could make a recommendation on additional notification between now and whenever the item is taken to the City Council and staff could also reach out via social media in a more signfcant way, provide additional postings (i.e. City's website)- as well as reach out in a more significant way to the various HOA's. 3 i 3 I i Minutes—Planning Commission June 13,2017—Page 12 of 15 I Collectively, the Commission made favorable comments to the team and the presentation. Motion. It was moved by Kozak, on all three (3) recommended actions, seconded by Thompson with Binsack's 3 features of clarification. Motion carried 3-0-2, 9:02 p.m. Stopped Meeting for a Brief Recess. 9:12 p.m. Resumed Meeting. Both Lumbard and Smith returned to the dais to continue with the meeting. 7. CONTINUANCE OF CODE AMENDMENT 2017-004 On June 18, 2015, the United States Supreme Court issued a decision in Reed v. Town of Gilbert, AZ, and determined that . categorizing signs based on their content violated the First Amendment, In response to this decision, ,most cities nationwide have reviewed their existing sign codes to determine if they are in i violation of the First Amendment. i Code Amendment (CA) 2017-004 proposes to amend Article 9 Chapter 4 of the Tustin City Code, related to temporary signs on private property and in the public right-of-way, in accordance with a 2015 United States Supreme Court decision, i CA 2017-004 was properly noticed for a June 13, 2017, public hearing. However, based on the complexity of this issue and the i potential legal ramifications, a continuance is requested. RECOMMENDATION: i i Staff recommends that the Planning Commission table their consideration of CA 2017-004 to provide sufficient time for staff to j conduct additional research and to provide public hearing notification for a re-noticed public hearing to those most potentially impacted by the proposed CA. j Motion: It was moved by Mason, seconded by Lumbard, to table the item in order to provide sufficient time for staff to conduct additional research and to provide public hearing notification for a re-noticed public hearing to those most potentially impacted by the proposed CA. Motion carried 5-0. STAFF CONCERNS; I I Binsack Binsack congratulated Smith, Kozak and Lumbard on their re- appointments. i Minutes—Planning Commission.tune 13,2017--Page 13 of 15 r COMMISSION CONCERNS: Mason Mason commended Wllkom and the team for a job well done on the Specific Plan Amendment item. She attended the following events: • 4129: Cops, Cars & Coffee'hosted by Tustin P.D. • 5114: Tustin Night at the Los Angeles Angeles Stadium • 5118: Completed Harassment Prevention Training • 614; Tustin's Chili Cook-Off Mason congratulated her fellow Commissioners on their re- appointments. Lumbard Lumbard congratulated his fellow Commissioners on their re- appointments and thanked everyone for his re-appointment. He attended the following events: • 4129: Cops, Cars&Coffee hosted by Tustin P.D. 618: Tustin's State of the City Address' • 6114: Flag Day I 3 Thompson Thompson commended staff on the presentation. He requested that the Hewes House hem be included on the Commission's next Planning Commission agenda. Thompson attended the following events: a 5125/4: ULI Conference in Seattle,WA a 516: Home and Garden Tour a 5118: OCTA Technical Innovation and Ad Hoc Committee a 618: Tustin's State of the City Address 614: Tustin's Chili Cook-Off i I Thompson congratulated his fellow Commissioners on their re- appointments. Binsack Binsack stated that the Hewes House commendation is a Federal designation (National Register of Historic Places) and that the Mayor did write a letter to the Historic Preservation Office informing them the nomination would be forwarded to the Commission (the Cultural Resources body) and will be added to the Commission's agenda on July 1 P which will provide the Commission's consideration in plenty of time before taken to the City Council for their consideration. i Kozak Kozak congratulated staff and the team on the SPA and EIR Supplemental, He also congratulated his fellow commissioners on their re-appointments. Kozak attended the following events: • 4129: Tustin Exchange Club Casino Night for the Veterans Minutes--Planning Commission June 13,2017--Page 14 of 15 r • 5l6: Tustin Exchange Club Kentucky Derby fundraiser for Veterans • 5l7; Street Naming Dedication in Honor of Ralph Plum, U.S. Navy 5/10: Officer Wally Karp Annual Memorial • 5/11: California Preservation Foundation Historic Preservation Workshop-- Pasadena • 6l4: Tustin's Chili Cook-Off 0 6l8; Tustin's State of the City Address Kozak asked everyone to send their thoughts and prayers to Council Member, Chuck Puckett, on his speedy recovery from open heart surgery. Congratulations to Robert Machado and Susan McIntosh who on June 9t' were selected as the Tustin Area Man &Woman of the Year. Smith Smith congratulated Kozak and Lumbard on their re-appointments and thanked his fellow Commissioners for re-appointing him. He attended the following events: + 4129: Cops, Coffee & Cars • 6l8: Tustin's State of the City Address I 9:25 p.m. ADJOURNMENT; The next regular meeting of the Planning Commission is scheduled for Tuesday, June 27, 2017, at 7;00 p.m. in the Council Chamber at 300 Centennial Way, R ER T066 SMITH Chairperson f 1:4x- ELIZABETH A. BINSACK Planning Commission Secretary Minutes--Planning Commission June 13, 2017—Page 15 of 15 5 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION (MEETING LOCATION: CLIFTON C. MILLER COMMUNITY CENTER) APRIL 25, 2017 7:01 p.m. CALL TO ORDER: 7:00 p.m. Given, INVOCATIONIPLEDGE OF ALLEGIANCE: Kozak ROLL CALL: Chair Lumbard Chair Pro Tem Smith Commissioners Kozak, Mason, Thompson The Commission 1. PLANNING COMMISSION REORGANIZATION reorganized as follows: As a matter of standard procedure, the Planning Commission reorganizes once per year by appointing a new Chairperson and Chair Smrfh Chairperson Pro Tem. Chair Pro Tem Kozak RECOMMENDATION: That the Planning Commission elects a Chairperson and Chairperson Pro Tem pursuant to standard procedures. 1 Motion: Lumbard moved to nominate Smith as Chairperson, seconded by Kozak. Motion carried 5-0. Smith moved to nominate Kozak as Chairperson Pro Tem, seconded by Thompson. Motion carried 5-0. i None. PUBLIC CONCERNS: i i CONSENT CALENDAR: i Approved the 2. APPROVAL OF MINUTES—MARCH 28, 2017 j Minutes of the March 28, 2017 RECOMMENDATION: � meeting, as amended. That the Planning Commission approves the Minutes of the March 28, 2017 Planning Commission meeting, as provided. Motion: It was moved by Mason, seconded by Lumbard, to approve the Minutes of the March 28, 2017 Planning Commission meeting, as amended. Motion carried M. Approved the 3. CORRECTION TO THE SEPTEMBER 27, 2016 MINUTES Corrected September 27, 2016 Minutes, Minutes--Planning Commission April 25,2017—Page I of 8 RECOMMENDATION; That the Planning Commission approves the item as provided. Thompson Thompson clarified that while he was at the September 27, 2016 meeting, the Minutes represented. he was not at the following meeting where they were approved. He had no problem with the amended Minutes. Motion: It was moved by Thompson, seconded by Lumbard, to approve the item as provided. Motion carried 5-0. REGULAR BUSINESS: Received and 4. SUMMARY OF PROJECTS Fried The report focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items which may be of interest to the Commission. RECOMMENDATION: That the Planning Commission receives and files this item. DiLeva-Johnson Presentation given. Lumbard Lumbard asked about the Graffiti incidents and why March was at the highest incident rate for the last four (4) reporting years. He also asked if there was an incident that increased the reporting. DiLeva-Johnson DiLeva-Johnson to fallow up with Code Enforcement staff on any outlying incidents. Mason Mason asked if there Is a planned event on the unveiling of the Columbus Tustin bust. DiLeva-Johnson DiLeva-Johnson stated there is a planned event in September but it is stili in the preliminary stage. She also stated that there is also going to be a celebration for Tustin's 90th anniversary. i Update given. 5. TUSTIN LEGACY STATUS UPDATE Update on the status of Tustin Legacy. The presentation will cover existing developments, developments under construction, future development potential and the status of infrastructures at Tustin Legacy. i Willkom/Nishikawa Presentations given. I Minutes—Planning Commission April 25,2017—Page 2 of 8 ' 1 r { Smith Smith's questions for staff generally included: if the City is expanding/adding another lane to Red Hill Avenue and adding a median; the width to Red Hill Avenue; the jet fuel pipeline being 30 to 40 feet down and the OCSD pipeline is not and what would be feasible to coordinate everything to happen all at the same time; and if there is currently a pipeline going to John Wayne Airport or if it is an additional pipeline. Nishikawa Nishikawa's response to Smith's questions generally included: confirmed that only one (1) lane would be added, which is about 14 to 16 feet on the Tustin side (east side) of Red Hill Avenue; with regards to the pipeline, the sewer line is being performed by an open-trench cut at 20 feet deep and then the jet fuel pipe line is being boned which will go underneath the sewer line; there is still coordination with traffic control; OCSD informed the City the intersection of Edinger Avenue will be complete by the end of August; the Wickland project should be complete by Fall 2017; the pipeline going to John Wayne Airport, Nishikawa was unsure if there were additional pipelines, but this would help with the fuel storage and deliveries. Regarding easing traffic concerns with Park Avenue, in the process of doing improvements mainly in terms of removing medians in order to add extra lanes; the goal is to get two (2) through lanes throughout Park Avenue on each direction plus add tum pockets into some of the driveway areas possibly beginning the end of Summer/Fall 2017; the City is working on timelines in order to not interrupt the "hot selling seasons"; and a lot of activity going on at the Tustin Legacy, Smith Smith made favorable comments to staff on the Tustin Legacy update. Lumbard Lumbard complimented staff on the great overview of what the City of Tustin is doing and requested that the Power Point be added to the City's website as a link, Kozak Kozak also commended staff on the reports and presentations presented that evening. Thompson Thompson echoed what his fellow Commissioners previously stated. He asked about the park on the northeast comer of Red Hill Avenue and . Barranca Parkway and the body of water highlighting the detention basin. Thompson asked if the detention basin would be dry most of the time and only water when if is flooding. Nishikawa Nishikawa's response to Thompson's question on the detention basin is that the detention basin will be dry most of the time and there is a low flow pipe which bypasses the basin. He also stated that only when there is concentrated amounts of rainfall will the flow go into the basin. Lumbard Lumbard referenced Phase I of the Linear Park and wanted confirmation that the park will connect with the northeast side of the plan as Ymil as where the park is going to go. Minutes—Planning Commission April 25,2017—Page 3 of 8 Binsack Binsack confirmed that the Linear Park is intended to go from one comer of the Tustin Legacy area to the other. At one point in time, it was intended to take a "straight shot" but it was going to take on various characteristics among the various segments of the straight shot (i.e. cultural area, environmental area). Binsack stated that staff is re-looking at the concept plan and that it may take various paths but the desire and intent is to have continuous paths from one end of the Linear Park to the other. Lumbard Lumbard jokingly mentioned the name of the park being Serpentine vs. Linear since there will be several paths versus one straight path. Binsack Binsack stated the park's name may be Tustin Legacy Park but the concept of the linear pathway going diagonally will still exist. There may be additional spines as well. Smith Smith asked staff if there would be.a sub-station for the Tustin Police Department and the location. He also asked if the potential use would be for ATEP. Binsack In response to Smith's question on the possibility of a sub-station, Binsack stated it remains to be determined. The City Manager's Offeree and Tustin Police are still in discussions. Smith Smith asked about the agreement with Oliver McMillan, as well as the E status of Neighborhood D and if it would be viable as a mixed-use, higher density, etc. Smith's questions about Neighborhood G included; reduced parking; higher density; walkable; and the train station concept being explored. i Willkom Willkom's response to Smith's questions generally included: she referred to the map in the presentation — Neighborhood D is generally located below the North Hangar all the way to Barranca Parkway; the area the City and Oliver McMillan entered into is generally to the north of Warner Avenue between Armstrong Avenue and Tustin Ranch Road; as per the status update, the area is envisioned as a mixed-use urban project (i.e. oommercial, residential, high density, etc.); Oliver McMillan is currently working with City staff on the concept plan for the Community Core; and Neighborhood G's proposed concept is a transit development which consists of mixed-use development, three story buildings, and a pedestrian bridge connecting the area to the Metrolink. Smith Smith asked Nishikawa about the widening of Petees Canyon Channel near Tustin Field II and the wash being at the max width of what Edinger Avenue is and where it crosses under the bridge currently. He also asked if the Edinger Avenue bridge was built to be wide enough to accommodate the future widening happening. Smith also asked what the City has done,, with.regards to the infrastructure (conduit and fiber i access) for connectivity in the area. Minutes--Planning Commission April 25,2017 Page 4 of 8 Nishikawa Nishikawa explained that the channel would be widened by 30 feet north of Wamer Avenue, past Edinger Avenue to the railroad tracks which will be adjacent to Tustin Field I and ii. He referred to the map in the Power Point presentation. The Edinger bridge will not need to be widened. In response to Smith's question on connectivity, Nishikawa stated discussion had already taken place with Cox Communications, AT&T, Google Fiber, and all expressed interest in coming into Tustin. Staff Is moving forward with adding trenches and conduit and then the City can aoeommodate the companies at a later date. Mason Mason made favorable comments on the progress the City has made in the last few years. Per the Tustin Police Department's substation inquiry previously made, she asked where and when will the decision be made, Binsack Binsack was unable to provide an exact location and date. The City is looking at the ATEP facility, the Army Reserves facility and a building associated with the Tustin Legacy Linear Park. She stated that it would most likely be the first two mentioned because of the amenities currently in those buildings. Binsack said it would more than likely be discussed further in the next budget year. Smith Smith asked for further clarification on the Tustin Police Department substation and if the entire Police Department is looking to relocate, or is j just a second substation to be added for greater access to that area. He also made favorable comments for the entire presentation and to staff. Received the item. 6. TRANSMITTAL OF DRAFT TUSTIN LEGACY SPECIFIC PLAN Staff to return to AMENDMENT (SPA) 2015-001 AND DRAFT SUPPLEMENTAL the Commission ENVIRONMENTAL IMPACT REPORT(SEIR) with scheduled dates fior the Commission's consideration. Included in the transmittal are the Draft Tustin Legacy SPA Amendment and Draft SEIR to allow the Commission time to review the voluminous documents prior to the public hearing on June 13, 2017. A complete staff report and full presentation of the proposed Specific Plan Amendment will be provided at the scheduled public hearing. RECOMMENDATION: That the Planning Commission receive the draft Tustin Legacy I Specific Plan Amendment and Draft Supplemental Environmental Impact Report (SEIR) and tentatively set the item for Planning Commission public hearing on .lune 13, 2017. Binsack Due to the volume of the documents, Binsack provided an overview of the item after staff received input and direction from the City Council and the Commission. Her comments generally included. she suggested to the Commission two (2) options with regards to proceeding with the item: Minutes—Planning Commission April 25,2017—Page 5 of 8 i 1) the Commission could ask questions of staff in an email format then staff could consolidate those questions, then conduct a hearing at the I June 13, 2017 Commission meeting 2) staff could conduct a workshop to give a full presentation to the Commission on June 13, 2017, then i hold a hearing at the June 27, 2017 Commission meeting. Binsack asked the Commission to provide any questions they may have, in advance, so that staff can either incorporate them in a presentation or staff can modify the document in advance to address the Commission's concerns or considerations. She also offered to have briefings with the Commission (2 at a time in advance). Binsack added that staff would plan on publishing as a hearing item in June. Mason Mason requested more detail on the public input process and developing the amendments along with the workshop that was held in 2012-14. Binsack Binsack stated that over the years the City has amended the General Plan several times and there was public input during those hearings, as well as public workshops, but there was minimal public input. Thompson Thompson expressed his favor in the Commission having a workshop in order to ask questions about the document. He suggested the workshops be oriented in such a way where the Commission could get feedback in order to "polish" the document more in preparation of the public hearing. Thompson was also in favor of maintaining the schedule. Smith Smith asked for clarification on the timeline of reviewing the document by a particular date. Binsack In response to Smith's question on the timeline, Binsack stated that City staff is anticipating having a hearing and giving the Commission at least two (2) opportunities to hear the item In June and then make a recommendation to the City Council in. July in hopes of adoption in August. Kozak Kozak was also in favor of a workshop. He asked if the workshop would be similar to the Red Hill Specific flan or the Downtown Commercial Core workshops where public input would be sought at the same time or if it would be held separately. He suggested staff look at dates/times of the Commission's availability in order to schedule the workshop and public hearing. Kozak asked about the terms of the Draft SEIR and If the Draft SEIR would be providing an environmental analysis for the projects discussed previously and wanted to ensure that the City is covered as far as an environmental stand point. Binsack Binsack informed the Commission that if there were to be a public workshop, then the Commission should accept public input. She also stated that broad notification would need to be sent out stating the City is soliciting public input. Binsack also mentioned that all of the projects that were underway were considered under the existing environmental reviews and that some of the potential future developments previously mentioned in the Tustin Legacy update by Willkom, would have been i Minutes—Planning Commission April 25,2017—Page 6 of 8 i i I considered under the proposed environmental analysis (conceptually). Smith Smith further clarified that if the Commission approves doubling the number of units allowed in Neighborhood G and if that was already anticipated in the E1R. Willkom To answer Smith's question, Willkom stated that the proposed SPA would increase approximately 2,200 units and reduce 1.7 million square feet on non-residential so the supplemental EIR studied those changes. Lumbard Lumbard asked for clarification on giving the Commission two (2) opportunities for a public hearing in June. The plan is to have one (1) public hearing for the Commission to vote on an action. He was in favor of a workshop before the June public hearing and if need be, continue the item to the June 2r Commission meeting. Binsack Binsack stated that it was intended and if the Commission could not make the decision, that the item could be continued for one (1) meeting. Stafrs desire is that the Commission would have the information and that staff could answer any questions they may have. Binsack asked if the Commission wanted to do significant public outreach there should be a five (5) to ten (10) day notification. The Commission further discussed possible workshop/meeting dates. They also asked Bobak whether or not a few of the Commissioners would have to recuse themselves and if so, then there may not be a quorum. Binsack Binsack suggested the workshop take place on June 13th and the public hearing on June 27th. Bobak Bobak explained that for a General Plan, the Commission would not have to recuse themselves, but there is a possibility they may have to for the Specific Plan. Bobak will inform the Commission once she finds out. Binsack Binsack`s final comment to the Commission was that she and Bobak would gather the information on the concerns previously mentioned and then update the Commission. The report was received by the Commission. STAFF CONCERNS: Binsack Binsack congratulated Kozak and Smith on their re-appointments. COMMISSION CONCERNS: Mason Mason thanked staff for the detailed reports and congratulated Chair Smith and Chair Pro Tem Kozak. Minutes—Planning Commission April 25,2017—Page 7 of 8 Thompson Thompson echoed the congratulations. He also thanked former Chair Lumbard for his great service over the past year. Thompson attended the following events. 4/18: Heart of Jesus Retreat Center Benefit 4120: Orange County Real Estate Luncheon and Fundraiser for Veterans 4120; State Route 55 Improvement Project Workshop 4/25: Heritage Park Ribbon Cutting 5/6: Home and Garden Tour in Old Town Tustin Lumbard Lumbard thanked the Commission for his previous appointment as Chair, He also congratulated Smith and Kozak, Lumbard attending the following events: 4/15: Tustin's 48h Annual Easter Egg Hunt 4/29: Cars, Cops and Coffee upcoming event In Tustin Upcoming Shredding Event on May 11th Kozak Kozak reiterated thanks to staff for the presentations. He attended the following events: 3130: Completed the City's Harassment Prevention training 4/15: Tustin's 48th Annual Easter Egg Hunt 4/18: OCTA Citizen's Advisory Committee Meeting, City Council i Meeting, Pioneers and Patriots Street Naming Tribute 5/8: Tustin Chamber of Commerce is sponsoring Officer Wally Karp Memorial Golf Toumament Kozak thanked Lumbard for his service as Planning Commission Chair. Smith Smith thanked Lumbard for his leadership over the past year. He also i thanked his fellow Commissioners for their votes as well as staff for the update on the Tustin Legacy, 8:28 p.m. ADJOURNMENT., The next regular meeting of the Planning Commission is scheduled for j Tuesday, May 9, 2017, at 7:00 p.m, in the Clifton C. Miller Community Center at 300 Centennial Way, i RY ER TOOD SMITH I ELIZABETH A. SINSACK Chairperson Planning Commission Secretary Minutes—Planning Commission April 25,2017—Page 8 of 8 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION (MEETING LOCATION: CLIFTON C. MILLER COMMUNITY CENTER) MARCH 14, 2017 7:00 p.m. CALL TO ORDER Given. INVOCATION/PLEDGE OF ALLEGIANCE: Mason ROLL CALL: Chair Lumbard Chair Pro Tem Smith Commissioners Mason, Kozak, Thompson None, PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES—FEBRUARY 28, 2017 Minutes of the February 28, 2097 RECOMMENDATION: meeting, as amended. That the Planning Commission approves the Minutes of the February 28, 2017 Planning Commission meeting, as provided. Motion: It was moved by Thompson, seconded by Kozak, to approve the Minutes of the February 28, 2017 meeting, as amended. Motion carried 5-0. Lumbard changed the order of the Regular Business items. REGULAR BUSINESS: Approved the 2, COMMENDATION NOMINATION: FIRST DOCTOR'S OFFICE IN nomination of 434 TUSTIN-434 EL CAMINO REAL EI Camino Real to the City of Tustin Commendation Program. The City of Tustin is nominating the property at 434 EI Camino Real for a commendation. In 2002, the building was nominated for and received into the Tustin Historic Register Plaque Program by the Tustin Cultural Resources Advisory Committee. The property is important, in part, because of its association with early Tustin residents. Dr. James Sheldon was the first doctor to practice in Tustin, and constructed the building in 1685. The building has also served other uses, including a medical office for Dr. James Patton Boyd. Florence Stone, the City's first Postmistress subsequently used the office and lived in the quarters in the rear of the building. Minutes—Planning Commission March 14,2017—Page 7 of 6 In the 1930s, the building operated as Crawford's Frock shop by Mrs. Ernie Crawford. The building is referred to as the Jabberwocky Building, nicknamed for the teen and pre-teen clothing store operated by Margaret Pottenger(1959-1988). RECOMMENDATION: That the Planning Commission approve the nomination of 434 EI Camino Real to the City of Tustin Commendation Program and forward the commendation to the City Council for recognition, Dove Presentation given. Kozak The Commission's favorable comments included: commended Ms. Dove on the agenda report; congratulated Ms. Pottenger, property owner, for being a part of the community, for maintaining the property; and commended Zama Tea, current tenant of the property. Lumbard Lumbard asked if Sheldon Street (Greenwood Community) was named after Dr. Sheldon. Binsack Binsack confirmed that many of the names selected for the Tustin Legacy came from Tustin'Pioneers. Motion: It was moved by Thompson, seconded by Kozak, to approve the nomination and forward the commendation to the City Council for recognition. Motion carried 5-0. Adopted Reso. 3. DESIGN REVIEW 2016-020: OUTDOOR SEATING AND OLD No. 4338, as TOWN PARKING EXCEPTION amended. A request to establish a new outdoor seating area and add seating to an existing outdoor seating area in conjunction with an existing wine tasting microbrewery business at 140 E. Main Street, and to satisfy required on-site parking (three (3) parking stalls) through the Old Town Parking Exception Program. APPLICANT: Enrico Pozzuoli Pozzuoli Winery, Inc. 15481 Red Hill Ave., Suite C Tustin, CA 92780 PROPERTY OWNER: Phil Cox ! Coxes Market Plaza ' P.O. Box 6069 Brookings, OR 97415 ' LOCATION. 140 E. Main Street Minutes—Planning Commission March 14.2017--Page 2 of 6 ENVIRONMENTAL STATUS: This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4336 approving Design Review (DR) 2016-020 to authorize the new outdoor seating area, additional seating and a parking exception of three (3) parking spaces for the property located at 140 E. Main Street, Thompson Thompson owns property within 500 feet of 434 El Camino Real. Therefore he recused himself. Hutter Presentation given. The applicant, Mr. Enrico Pozzuoli, stated he read the conditions and was aware of the amendments to the Conditions of Approval that were requested. He also spoke to the property owner, Phil Cox, before the meeting and the property owner felt the revised condition was acceptable but wanted his legal counsel to be present for any recordation of the Agreement to Cond itions of Approval. Mason Mason asked for clarity with the issues regarding the project and how they were resolved, with regards to Condition No. 2.19. Lumbard Lumbard also asked staff to provide an overview of what a "Parking Assessment District" is. Binsack In response to Mason and Lumbard's questions, Binsack stated the following in general: the City has conducted parking studies of the Old Town area and another study is being conducted of the larger Downtown Commercial Core area, there are approximately 500 public parking spaces, which includes the allocated areas the City has (i.e. Steven's Square parking structure, City Hall parking, on-street public parking); once spaces are exhausted and in the event the City is in the position of no longer allocating spaces, the City may find the need to establish on- grade parking or enhance the parking structure; the City may need to create a parking district. In the event the City engages in the establishment of a parking district, a completely separate process would apply. Kozak Kozak thanked Mr. Pozzuoli for this project. He was in support of the recommended action, as amended. Minutes—Planning Commission March 14,2017--Page 3 of 6 Smith Smith's questions generally included: design of the outdoor seating; meeting ADA requirements as far as accessibilltylmovability; concerns regarding the "tight space" in front of the project and the sidewalk; he referenced the design layouts and asked if they were to scale; the location of the bench in the design layout; and asked if there would be metal grate around the tree in order to allow additional walking space. Flutter In response to Smith's questionstcomments, Nutter's response generally included: the railing closest to the curb would be five and one-half (v.v) feet away from the curb; she confirmed the design layouts are also to scale and that the area is ADA accessible; described the dimensions of the outdoor seating and the space for pedestrians passing in front of the property, the light post; and the bench was recently relocated. Binsack In response to Smith's question on the metal grate, Binsack stated that staff would consult with the Public Works Department. Lumbard Lumbard shared Smith's concerns regarding "tight space" and asked If staff had considered extending the sidewalk by using parking space in front of the project for seating. Binsack Binsack's response to Lumbard's question on extending the sidewalk generally included: the City's desire to extend!"bump out" the sidewalk further and extend the outdoor seating to the entire length of the building, but the property owner did not agree; the City would have to "bump out" the entire length of the sidewalk, instead of just one (1) area of the sidewalk to ensure meaningful outdoor seating and to ensure necessary drainage flows. Lumbard Lumbard's comments/concerns generally included: the City could face similar situations when the Downtown area (Downtown Commercial Core) is expanded; he reiterated staffs support of outdoor seating in front of the project but the City needs to ensure laws are complied with for space requirements on the sidewalk; concern with the area being too "tight" between the tree wells and the corner railings for strollers, wheelchairs, etc.; as long as in compliance, Lumbard was supportive of the project; he believes amendments to the Conditions of Approval would address the concerns brought up by the property owner; and he asked if ! Condition 1.5 is related to the recordation of Agreement to Conditions Imposed which is a standard condition. i Kozak In response to Lumbard's reference to future situations with the ! Downtown Commercial Core, Kozak referred to bumping out the curb for parking, Condition 2.16, and the Parking Exception Agreement where it states the City anticipates additional outdoor seating. Minutes—Planning Commission March 14,2017—Page 4 of 6 Bobak In response to Lumbard's question regarding Condition 1.5, Bobak stated R is a standard Condition of Approval required for discretionary actions and she provided some background history including, recording the Conditions of Approval which ensures that the property owner, any prospective owner, and applicant have knowledge of the conditions and the City must enforce those conditions. Smith Smith requested further clarification with the current parking program available in Old Town. Binsack The City is proposing to expand the Old Town parking study so that the new boundaries coincide with the boundaries of the Downtown Commercial Core which will likely increase the number of available parking, In the future, City staff will need to look at an implementation plan .to address and ensure availability of parking (in zones). The Downtown Commercial Core envisions six (6) development areas within the planning area. Motion: It was moved by Lumbard, seconded by Smith, to adopt Resolution No. 4338, as amended. Motion carried 4-0-1. STAFF CONCERNS: Binsack No comments. COMMISSION CONCERNS: Mason None. Kozak Kozak attended the following events: 312: Old Town Parking Workshop. 317: City Council meeting where a commendation was presented to Bella Walters, a thirteen year old, who raised funds_ for the Veterans Outpost. 3112: Volunteered at the runner registration table for the Hangar Half Marathon. Thompson Thompson completed his mandatory harassment prevention training. Smith Smith expressed his appreciation for Pozzuoli Winery and the applicant as well as the work done by City staff to help "grow the business". Lumbard Lumbard attended the following events: 312: Old Town Parking Workshop 3112; Ran the Hangar Half Marathon. Lumbard made favorable comments about the marathon. Minutes—Planning Commission March 14,2017—Page 5 of 6 1 Lumbard cont, Happy early St. Patrick's pay. Stay safe. A commendation for 434 EI Camino Real will be presented by Lumbard at the next City Council meeting on March 21, 2017, 7;44 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 28, 2017, at 7:00 p.m. in the Clifton C. Miller Community Center at 300 Centennial Way. AUSTIN LUMBARD Chairperson ELIZABETH A. RINSACK Planning Commission Secretary i I i i 1 I Minutes—Planning Commission March 1a,2017—Page 6 of 6 1 , i MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION (MEETING LOCATION: CLIFTON C. MILLER COMMUNITY CENTER) FEBRUARY 28, 2017 7:00 p.m. CALL TO ORDER. Given INVOCATION/PLEDGE OF ALLEGIANCE: Smith i i ROLL CALL: Chair Lumbard Commissioners Kozak, Mason, Smith,Thompson None PUBLIC CONCERNS. CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES—JANUARY 24, 2017 Minutes of the January 24, 2017 RECOMMENDATION: meeting, as amended. That the Planning Commission approves the Minutes of the January 24, 2017 Planning Commission meeting as provided. Motion: It was moved by Mason, seconded by Kozak, to approve the Minutes of the January 24, 2017, as amended. Motion carried 4-0-1 with Smith abstaining. Directed staff to 2. 2016 GENERAL PLAN ANNUAL REPORT AND ANNUAL forward the MITIGATION MONITORING STATUS REPORT FOR FEISIEIR Annual Report to FOR MCAS TUSTIN SPECIFIC PLAN the City Council for consideration. California State Law requires that each city adopt a comprehensive, long-term general plan for its physical development and any land outside its boundaries which bears a relationship to its planning activities. In essence, the City's General Plan serves as the blueprint for future growth and development. As a blueprint for the future, the General Plan contains policies and programs designed to provide decision makers with a basis for all land use related decisions. RECOMMENDATION: That the Planning Commission review and authorize staff to forward the General Plan Annual Report on the Status of the Tustin General Plan and the Annual Mitigation Monitoring Status j Report to the City Council for consideration. i Minutes—Planning Commission February 28,2017—Page 1 of 13 Motion: It was moved by Thompson, seconded by Mason, to direct staff to forward the General Pian and the Annual Mitigation Monitoring Status Report to the City Council for consideration. Motion carried 5-0. Directed staff to 3. MASSAGE ORDINANCE No. 1462 UPDATE receive and file the report. A staff report is being transmitted summarizing and reporting to the Commission on the elements of Ordinance No. 1462 related to massage establishments after adoption in September 2015. RECOMMENDATION: That the Planning Commission receive and file this report. Motion: It was moved by Thompson, seconded by Mason, to receive and file the report. Motion carried 5-0. PUBLIC HEARING ITEMS: 7:05 p.m. Opened Public Hearing Item#4. AdoptedReso. 4. CODE AMENDMENT 2017-001, AMENDMENTS TO TUSTIN I No. 4335. CITY CODE REQUIRED BY PASSAGE OF PROPOSITION 64 Code Amendment (CA) 2017-001 would amend the Tustin City Code (TCC) as required- by the passage of Proposition 64, the Adult Use of Marijuana Act (the "Act"). CA 2017-001 would amend the TCC so that it does not prohibit activity and/or uses that are expressly permitted pursuant to the Act. CA 2017-001 would expressly prohibit marijuana dispensaries j in all zoning districts. ENVIRONMENTAL: Proposed CA 2017-001 (Ordinance No. 1478) is not subject to the Califomia Environmental Quality Act CCEQAJ pursuant to California Code of Regulations. Title 14, Chapter 3, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical j change to the environment, directly or indirectly. RECOMMENDATION: That the Planning Commission adopt Resolution 4335, recommending that the Tustin City Council adopt Ordinance No. 1478, amending TCC Sections 3141, 3152, 9270c and 9297 relating to the regulation of marijuana activity in the City. f Knules—Planning Commission February 28,2017—mage 2 of 13 Jason McEwen, Presentation given. Deputy City Attomey. 1Thompson Thompson's commentslquestions generally included: clarification regarding the City's inability to regulate the purchase of marijuana, but the City can regulate the sale of marijuana; and he questioned the recommended ordinance pertaining to the City regulating the sale of marijuana being implied in the regulation. McEwen McEwen stated Thompson's clarrfication question is correct. In general, McEwen stated that the City cannot regulate the purchase of but only the sale of marijuana. He also stated that the ordinance would redefine a marijuana dispensary to include sale, distribution, cultivation, etc. Smith Smith's question was regarding the amendments removing components of the Tustin City Code to comply with by State law. McEwen In response to Smith's question, McEwen provided a brief overview of the item and stated in general: the City is not expressly authorizing li activity; and the State law decriminalizes the activity. The legislature determines what constitutes criminal acts under the State law. 7:25 p.m. Public Comments Opened/Closed, The Commission further discussed in general: the passing of Proposition 64 and its effect on cities; the focus of the amendment and the Commission's role; the City Council could consider reasonable regulations; and the municipal code requirements compared to State statute. McEwen McEwen further commented on indoor cultivation of marijuana in a private residence and that the City Council could consider reasonable regulation on that activity. Motion. It was moved by Lumbard, seconded by Smith, to adopt Resolution No. 4336. Motion carried 5-0. 7:30 p.m. Closed Public Hearing Item#4. i '1 7:30 p.m. Opened Public Hearing Item #5. Adopted Reso. 5. CONDITIONAL USE PERMIT 2016-06 IVo. 4334, as amended. ! A request to amend the Jamboree Plaza Master Sign Plan to update signage design, simplify design criteria, and clarify allowable project and tenant signage within the Jamboree Plaza j Center. Minutes—Planning Commission February 28,2017--Page 3 of 13 APPLICANT; Cecilia De Heras Action Property Management 2603 Main Street, Suite 500 Irvine, CA 92614 PROPERTY OWNER: Jamboree Plaza Owners Association eJo Action Property Management 2603 Main Street, Suite 500 Irvine, CA 92614 LOCATION: 2887 Edinger Avenue through 3097 Edinger Avenue ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15311 (Class 11) of the California Environmental Quality Act (CEQA). RECOMMENDATION: i That the Planning Commission adopt Resolution No. 4334 approving Conditional Use Permit (CUP) 2016-06 to authorize the amendment of a master sign plan for the Jamboree Plaza Planned Community development, which deviates from the standards contained within the Tusbn City Sign Code. Hutter Presentation given. Mason Mason requested that staff provide an overview of the amendments presented at the dais. I Hutter Hutter provided an explanation of the amendments with the Conditions of Approval to Resolution No.4334 that were provided at the dais. Kozak Kozak asked about Condition 2.5 of the resolution with regards to Sign Type A and the height. He also referred to staffs recommendation to 1 lowering the height and if It would increase the actual size of the sign. j a a Huffer In response to Kozak's question, Huffer stated it is not anticipated that the sign configuration, as to the size, would be affected. The pedestal ? would not be as high. 1 7:40 p.m. Public Comments Opened. Mr. Bill Henigsman, representing the Jamboree Plaza Owners Association, stated he Is in agreement with Resolution No. 4334 and asked to discuss the following: directional signage; the center (and Metrolink) has heavy traffic and passerbies have difficulty looking for business addresses within the center which leads to accidents; the biggest problem is when traffic stops in the entry median; poor visibility due to there being only one (1) entrance; and Mr. Henigsman Minutes—Planning Commission February 29,2017--Page 4 of 13 requested extra height for directional signs. Kozak Kozak asked Mr. Henigsman if there would be a more effective sign to direct people and more of a wayfinding rather than just arrows pointing to addresses on the left and to the right of the property. Mr. Henigsman stated he observed the property numerous ways to see how they could put signage that would be visible to people as they enter the property, but there is no landscaping area or additional area and Metrolink is directly in front of the property. Thompson Thompson asked staff about their recommended signage and K all the signs are interior to the project site or if there was any external exposure to the project site. In response to Thompson's question, Mr. Henigsman stated all signs are interior with there being 30 feet from the time a person drives into the property to look at the current sign and if a person turns in too early, they miss the sign. Smith Smith's questions for Mr. Henigsman generally included: his concern with the "fine of sight" for a higher sign and its potential impact of drivers not seeing it; he asked if Mr. Henigsman could foresee the enhanced signage opportunities that would be allowed in the j modification on the actual buildings; and if Mr. Henigsman felt the enhanced signage would benefit potential tenants and their occupancy. Mr. Henigsman's response generally included: his proposed sign 1 would be designed so that it was not too massive that it would cause a line of sight problem; if the sign were designed to be slim, he felt it would eliminate the concems he previously stated; being that there are several addresses and since several tenants are at the rear of the property, a person cannot visually see them; and additional signage would benefit the tenants in the rear of the property and would eliminate tenants being "missed"when people drive by. ! i 3 Mason Mason asked for clarification on the directional signs A and B and asked if Mr. Henigsman agreed with the amendments. She asked j about his request with regards to the height of eight (8) feet being a solution to the concerns previously stated. Mason also asked Mr. Henigsman if he was amenable with the directional signs remaining at four(4) feet. Mr. Henigsman believed it to be a "happy medium". He also stated j that six (6) or seven (7) feet for Sign A would provide great visibility. It would also benefit prospective tenants coming into the center to the right location, Mr. Henigsman was in agreement with the other directional signs being four(4)feet, Minutes—Planning commission February 28,2017—Page 5 of 13 Ms. Cecilia De Heras, the applicant and property manager, also shared with the Commission, her concerns, which were also previously stated by Mr. Henigsman, Ms. De Heras stated she has been contacted by other tenants on the property stating difficulty getting their clients onto the property because they are unable to locate the business. She spoke in favor of the directional signs needed. Ms. De Heras also mentioned she is working on adding new numbers for the addresses to the buildings. 8:14 p.m. Public Comments Closed. Lumbard Lumbard asked staff that if the Commission were to approve the Sign Plan, as amended, with the exception of Sign A, would staff be able to handle administratively without the Commission analyzing the sign heights, since the Commission is not a sign expert and in order to avoid the applicant having to return to the Commission for approval for one (1) sign. He also stated that the Commission is in agreement with 90% of the signs within the agenda report, Binsack In response to Lumbard's question, Binsack stated that staff could work with the applicant on the modification to the heights with direction from the Commission, Lumbard Lumbard presented an option to the Commission; direct staff to work with the applicant on Sign A and approve the rest, Binsack Binsack stated that Lumbard's option would be acceptable, but staff would have to modify the resolution in order to not identify an absolute height solution for the Commission's consideration. Kozak Kozak presented an option as well: direct staff to modify Section 6 of the Conditions of Approval to allow/direct staff to work with the applicant and the sign engineer to establish an agreed upon maximum height for Signs A and B. i Thompson Thompson's input generally included; referenced the difficulty finding anything in the industrial center, not a matter of aesthetics since the signs do not have exposure or views from the street, property owners should have leeway on signage; he was in favor with the applicant's request to raise the sign height with the understanding that the pylon sign remain at the height staff recommended of 40 feet. Lumbard Lumbard's final comment was that the Commission should only be addressing what staff has recommended as well as the applicant i agreement with staffs amendments, with the exception of Sign A. i Smith Smith questioned staffs recommendation to change Sign A from eight (8) feet to four (4) feet in height and if it was motivated by a line of sight concern or other factors. He asked if Binsack concurred with the narrow sign making it less of a line of sight competitiveness and less of a concern, Smith also asked if the basis of the four (4) foot height Minutes--Planning Commission February 28,2017—Page 6 of 13 standard was so that a pedestrian could be seen behind the sign. Binsack In response to Smith's question and Thompson's comments on speed, Binsack's comments generally included: four(4)feet is the line of sight standard for a pedestrian vehicle (slightly higher for a SUV); typically when in a parking,lot area, a person is not driving fast; she did not feel the sign needed to be extremely high because then it could change the City's standard; six (6) feet is within reason given the unique Circumstance; and the four (4) foot standard is based on a person sitting in a car. Mason Mason concurred with Lumbard's previous statements with regards to i amending the resolution. i Kozak Kozak recommended that Section 2.4 of the Conditions of Approval be amended to change the height from four (4)feet to six (6)feet and staff could work with the applicant on Signs A and B. Binsack Binsack further clarified that six (6) feet in height would be acceptable for both Signs A and B. If the Commission decided to amend Section 2.4, then the findings would need to be amended as well in order to work with the applicant. Two (2) motions were presented: It was moved by Kozak, seconded by Thompson to approve Resolution No. 4334, with direction to staff to amend Conditions of Approval Section. 2.4, with a maximum sign height of six (6) feet and modify the Findings to allow staff to work with the applicant. Kozak and Thompson were in favor. L.umbard, Mason, Smith opposed. 2-3. Motion failed. It was moved by Mason, seconded by Lumbard to not change the language and to leave the height up to staff for Sign A, and to work with the applicant to find a safe solution. Motion: The final motion was moved by Mason, seconded by L.umbard, to approve Resolution No. 4334, as amended. Motion carred 5-0. 8:14 p.m. Closed Public Hearing Item#5. i 8:14 p.m. Opened Public Hearing Item #6. Adopted Reso. 6. CODE AMENDMENT 2017-002 (ORDINANCE NO. 1479) No. 4337. ACCESSORY DWELLING UNITS i Code Amendment 2017-002 proposes to amend Article 9 Chapter 2 of the Tustin City Code, related to accessory dwelling units (formerly referred to as second residential units), in compliance with State law. Minutes—Planning Commission February 28,2017—Page 7 of 13 ENVIRONMENTAL: The proposed code amendment is exempt from furkher environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), as found In Public Resources Code Section 21080.17. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4337, recommending that the Tustin City Council adopt Draft Ordinance No. 1479, amending Article 9 Chapter 2 of the Tustin City Code to; 1) Continue to allow new accessory dwelling units of up to 600 square feet in size on any residentially zoned lot in the Cultural-Resource (CR) District regardless of lot size; 2) Allow new accessory dwelling units on residential lots of at least 10,000 square feet in size in other residential areas of the City; and, 3) Allow new accessory dwelling units within existing single- family dwellings and existing accessory buildings in all single-family zones, pursuant to State law. Reekstin Presentation given. 8:25 p.m. Opened/Closed Public Comments, Thompson Thompson commended staff on the agenda report, i i Mason No comments. Kozak Kozak also commended staff on the agenda report, Smith Smith asked if the item were to move forward, units could be added to existing homes without many restrictions. He also mentioned parking issues, as well as accessibility to bus stops. Smith referenced his own Homeowner's Association, along with adding units and the impacts there would be with parking. Reekstin Reekstin confirmed Smith's statement. This project would create an opportunity for many additional housing opportunities. With regards to parking restrictions, certain cases would require parking, but many others would not be able to. Lumbard Lumbard asked staff in general: under State law, if the City could ban accessory dwelling units altogether. He also mentioned that the City had very little authority, per the State's guidelines. Minutes—Planning commission February 28,2017--Page 8 of 13 Reekstin In response to Lumbard's question, the City .would have to allow accessory dwelling units to existing homes and can regulate which areas the City would allow new attached or detached accessory dwelling units. Under the State law, it is the intent to provide additional housing opportunities as possible. Reekstin stated there would be several opportunities for existing buildings. He also discussed examples of different options. Thompson Thompson referred to the Table (Page 336) of the agenda report with regards to the actual number of units outside of the Cultural Resource District. Motion: It was moved by Thompson, seconded by Smith, to adopt Resolution No. 4337. Motion carried 5-0. 8:35 p.m. Closed Public Hearing Item #6. 8:35 p.m. Opened Item#7. Adopted Reso. 7. TENTATIVE PARCEL MAP (TPM) 2016-149 No, 4336, as CONDITIONAL USE PERMIT (CUP) 2016-24 amended. DESIGN REVIEW(DR) 2016-018 � ; APPLICANT: Habitat for Humanity of Orange County, Inc. 2200 S. Ritchey Street Santa Ana, CA 92705 PROPERTY OWNER: City of Tustin 300 Centennial Way Tustin, CA 92780 LOCATION: 140 South A Street REQUEST: 3 1. TPM 2016-149 FOR THE SUBDIVISION OF AN 1 APPROXIMATELY 7,405 SQUARE FOOT SITE j CONSISTING OF ONE (1) NUMBERED LOT FOR THE DEVELOPMENT OF TWO (2) SINGLE-FAMILY DETACHED CONDOMINIUMS. j i 2. CUP 2016-27 FOR THE DEVELOPMENT OF CONDOMINIUMS IN THE R3 ZONING DISTRICT AND a DEVELOPMENT OF A MAIN BUILDING IN EXCESS OF j ONE (1) STORY AND/OR TWENTY (20) FEET IN HEIGHT WITHIN 150 FEET OF A R-1 ZONED PROPERTY, PURSUANT TO THE CRITERIA OF THE PLANNED DEVELOPMENT (PD) DISTRICT. Minutes—Planning Commission February 28,2017—Page 9 of 13 3. DR 2016-018 FOR THE DESIGN AND SITE LAYOUT OF TWO (2) SINGLE-FAMILY DETACHED CONDOMINIUMS AND RELATED IMPROVEMENTS. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Sections 15315 (Class 15) and 15332 (Class 32) of Title 14, Chapter 3 of the { California Code of Regulations (Guidelines for the Callfamia Environmental Quality Act) pertaining to in-fill development. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4336 approving Tentative Parcel Map (TPM) 2016-149, Conditional Use Permit (CUP) 2016-27, and Design Review (DR) 2016- 018, authorizing the subdivision of an existing 7,405 square- foot lot for condominium purposes, consisting of one (1) numbered lot, for the development of two (2) detached single family dwelling units and related site improvements. Beier Presentation given. Smith . Smith asked Beier about the easement for the Southern California gas line. Beier Meier referred to the site plan showing the easement being in the public street. i 8:47 p.m. Opened the Public Comments. I Mr. Ed John, resident at 130 South A Street, spoke in opposition of j the item due to the following concems: inaccurate property line (he stated the fencing had been in place many years) and boundaries; he noted the trees caused damage; he asked if he needs to bring the item back with his facts to the next Commission meeting on March 14, 2017; Mr. John would like to work with City staff to answer his questions; and currently there is a parking issue. Lumbard Lumbard informed Mr. John of the Commission's procedures. Mr, Larry Brose, Vice President of Habitat for Humanity, was in agreement with staffs changes to the Conditions of Approval. With regards to Mr, John's statement on the property line, when the property is conveyed to Habitat for Humanity, they will have a legal description of the entire property. As far as the walllferlce between the two (2) properties, it would be Built on the property line and will not encroach onto the neighbor's property. Mr. Brose also thanked staff for their efforts and he asked about the March 14, 2017 date. i Minutes—Planning Commission February 26,2017—Page 10 of 13 Lumbard With regards to Mr. John mentioning the March 14, 2017 date, Lumbard stated if the item were to be continued, it would be heard at that Commission meeting. Tina Blenz, resident, addressed the Commission, generally regarding discrepancies on the City's mapping and GIS system. Due to a concern that Ms, Blenz was disrupting the meeting, the Commission took a recess. 8:59 P.M. Closed the Public Comments. Meeting recessed. 9:05 p.m, Reconvened meeting. I Lumbard Lumbard wanted to address Mr. John's concerns and asked staff j what the options are for this item (i.e. 1. Continue item in order to ! gather additional information, 2. Deny project, 3, Approve project), He asked that staff contact Mr. John at a later date to explain what his options are. Binsack In response to some of the concerns mentioned by Mr. John, Binsack's comments generally included: the Commission could continue, approve, or deny the item; staff will reach out to Mr. John ' and the applicant to discuss the issues; the property will need to be surveyed; the City will not approve any development that is on anyone else's property other than the project's property; and when the City conveys the property, it will be conveyed to the project property with clear title. Lumbard Lumbard also informed Mr. John of the appeal process. f Thompson Thompson mentioned the City's process further as far as property lines are concerned as well as it being stated within the agenda report; landscape provisions (Section 9 of the Conditions of Ap-proval); verification on whether or not the trees shown on the exhibit are the current trees or new trees; and suggested staff provide more clarity to Mr. John with regards to the wall by adding a condition (Section 7 of the Conditions of Approval) which addresses a temporary wall, as well as a new wall to be constructed per the site j plan. Willkom Willkom referred to the Tentative Parcel Map (Attachment C) within the agenda report and clarified the trees to remain at the property. Smith Smith asked Thompson to clarify the Commission's position that the existing fence must be removed and a temporary fence be installed. Mr. John interjected and stated his issue is not with the current j temporary fence, but with the proposed wall as well as the damage the current trees have caused. Minutes—Planning Commission February 28,2017—Page 11 of 13 Binsack Binsack suggested staff modify Section 9.5 of the Conditions of Approval and add language that would state the applicant shall coordinate and/or consult with the adjacent neighbors with respect to permanent fencing where they may share in the cost of permanent fencing without the Commission making that determination in order to address Thompson's question. Lumbard Lumbard also added that staff speak with the neighbors about past or existing financial impacts to their property. 9:21 p.m. Public Comments Closed. Mason/Kozak Both Mason and Kozak thanked Mr. John for his comments and concerns. They also thanked Habitat for Humanity for working with the City on this project. Smith Smith further asked about setbacks and possible impact of lot lines, Binsack In response to Smith's question on the possible lot line issue, staff will ensure the property is surveyed and it meets the plan the Commission approves. Motion: It was moved by Kozak, seconded by Mason, to adopt Reso[ution No. 4336,as amended, Motion carried 5-0. 9:23 p.m. Closed Item #T i None. REGULAR BUSINESS: i I STAFF CONCERNS: E Binsack No comments. COMMISSION CONCERNS: i Mason No comments. Kozak Thanked staff for all agenda items. Kozak attended the following: a 1127: Mayors Dinner a 211: FAA Workshop on Southern California Metroplex a 2/11: Tustin Exchange Club Bingo !i • 2121: ,Joint City Council/Planning Commission Workshop a 2125: Tustin Community Foundation's °Sip, Stroll& Swirl" ! i Minutes—planning Commission February 28,2017--Page 12 of 13 Thompson Commented on the RHNA Goals and the tremendous progress and the accomplishments for the City, Thompson attended the following; * 1127: Mayor's Dinner * 2116: Civic Engineer's Awards Dinner - * 2128: ADHOC Committee Thompson shared an article from CNBC with regards to the "California Infrastructure"and referenced drought regulations. Smith Smith attended the Tustin Community Foundation's "Sip, Stroll & Swirl" event on 2/25 with favorable comments on the community and local merchants. Lumbard Lumbard attended the following events: * 212: ACC-OC Leadership Reception * 2/8: Tustin Chamber Breakfast * 2/16-1 Interviewed for the Tustin Senior Center Needs Assessment * 2/21: City CounciUPlanning Commission Workshop * 2122: Citizen Participation Committee CDBG Block Grant Program * 2125: Tustin Community Foundation's "Sip, Stroll & Swirl" Thursday, March 2, 2017 -- Old Town larking Forum in the Clifton C. Miller Community Center. 9.29 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 14, 2017, at 7:00 p.m. in the Clifton C. Miler Community Center at 300 Centennial Way, i AUSTW ARD 4 Chairperson i ELIZABETH A. BINSACK i Planning Commission Secretary i f k 3 I Minutes—Planning commission February 28,2017—page 13 of 13 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION (PLEASE NOTE: MEETING LOCATION HAS BEEN CHANGED TO CLIFTON C. MILLER COMMUNITY CENTER) JANUARY 24, 2017 7:02 p.m. CALL TO ORDER: 7:00 p.m. Thompson INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL: Chair Lumbard Commissioners Kozak, Mason, Thompson EXCUSED ABSENCE: Smith None. PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES— DECEMBER 13, 2016 Minutes of the December 13, RECOMMENDATION: 2016 meeting, as i amended. That the Planning Commission approves the Minutes of the j December 13, 2016 Planning Commission meeting as provided. j Motion: It was moved by Lumbard, seconded by Kozak, to approve the Minutes of the December 13, 2016 meeting, as amended. Motion carried 3-0-2 with Thompson abstaining and Smith's absence. Directed staff to 2. 2015-2016 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL forward the REPORT Annual Report to the State Office The Annual CLG Report for the reporting period between October 1, of Historic 2015, and September 30, 2016, summarizes the City's historic Preservation, as preservation efforts and describes how the City met all of the amended. minimum requirements of the CLG program during the 2015/2016 reporting period. j RECOMMENDATION: f That the Planning Commission direct staff to forward the Annual j Report to the State Office of Historic Preservation, Motion: It was moved by Kozak, seconded by Mason, to direct staff to forward the Annual Report to the State Offioe of Historic Preservation, as amended. Motion carried 4-0-1. Minutes—Planning Commission January 24,2017—Page 1 of 6 PUBLIC HEARING ITEM: 7:07 p.m. Opened the Public Hearing Item. 3. CONDITIONAL USE PERMIT 2016.28 Adopted Reso. PRIMARY APPLICANT/ No. 4333, as OWNER: Dunbar Walnut, LLC amended. 841 Apollo Street, Suite 334 El Segundo, CA 90245 2492 Walnut Owners Association 15241 Laguna Canyon Road Irvine, GA 92618 SECONDARY APPLICANT: Crossroad Church 2472 Walnut Avenue Tustin, CA 92780 PRIMARY SITE: 2492 Walnut Avenue SECONDARY SITE: 2472 Walnut Avenue REQUEST: i To increase the allowed square footage for medical uses from 16,643 square feet to 43,967 square feet at 2492 Walnut Avenue and to continue the previously approved joint use parking between 2492 and 2472 Walnut Avenue. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4333 approving CUP 2016-28 to authorize an amendment to CUP 09-021 by increasing in the allowed square footage for medical uses from 16,543 square feet to 43,967 square feet (100%) at 2492 Walnut Avenue and continuing the previously approved joint use parking between 2492 and 2472 Walnut Avenue, Dove Presentation given. Dove informed the Commission of one (1) opposition letter received the day of the Commission meeting, from Mr. James L. Fullmer, FP Management Corporation. Thompson Thompson requested clarification with regards to the number of parking spaces between the two (2) properties. He asked if the medical building E were to follow the Tustin City Code (TCC) requirements, would there need to be 266 parking spaces. Thompson asked how many parking spaces the church building would need following TCC requirements. He also referred to Table 2 of the staff: report with regards to the parking demand study showing the two (2) uses on weekdays and Sundays Minutes—Planning Commission January 24,2017--Page 2 of 6 I combined being 156 parking spaces. Thompson also mentioned the peak demand and asked staff to confirm whether or not the parking study was conducted on a weekday and a weekend versus a holiday. Dove In response to Thompson's questions, Dove stated that the highest demand for the church and offices would be 105 parking spaces. Willkom Willkom further stated that the parking study was based on peak demands; during the week with both uses, demand is 105 parking spaces and the peak demand on Sundays Is 51 parking spaces. Lumbard Lumbard questioned the process the City would go through if the church were to vacate the property as far as re-evaluating the parking needs. For the record, he asked staff to go over the process. He asked, assuming the church has a higher parking space need then an office use. Dove In response to Lumbard's question, Dove stated that there would be a required review by the Community Development Department as well as a new parking study, to be reviewed by the City's traffic engineer. If it were to return to a general office use, there would be lower parking requirements then what is current. 7:16 p.m. Public Comments section opened. Mr. Ross Mitchell, applicant, provided background history on the purchase of the subject property and the plans for that property. He also provided photos of the subject property to staff and the Commission in order to respond to the opposition letter from Mr. Fullmer. Mr. Fullmer has had issues in the past with visitors from the 2492 Walnut Avenue parking at 2552 Walnut Avenue, #230. Mr. Mitchell stated that two (2) new signs would be set in place instructing visitors to the appropriate parking area. Kozak Kozak asked Mr. Mitchell if he had given any thought on directional signage for the subject property and the tenants. In response to Kozak's question, Mr. Mitchell stated he would ensure his tenants would not be parking in the neighboring property by having clear, directional signage, Mason Mason had favorable comments for Mr. Mitchell regarding reaching a solution on the directional signage in addressing Mr. Fullmer's opposition on the project. Mr. Mitchell also mentioned reaching an agreement with the neighboring stores in the center with regards to obtaining a sign program. i Minutes--Planning Commission January 24,2017—Page 3 of 6 Kozak Kozak also had favorable comments for Mr. Mitchell and asked that he continue working closely with the neighbors on the property. He also suggested Mr. Mitchell communicate with the five (5) property owners and the business association as a solution to obtaining a sign program. Thompson Thompson asked Mr. Mitchell if he would be willing to take on an additional condition with the intent to have a resolution to Mr. Fullmer's complaint, whether it be signage or other means to address his issue. Wilikom In response to Thompson's inquiry, Willkom provided some options, if the Commission desires an additional condition (adding language to � Condition 2.4 stating "that the applicant should submit a parking management plan to include directional signage to be reviewed and approved by the Community Development Department") or to consider the applicant could require employees to park in the rear of the property in order to free up space towards the front entrance. Another option is to mark parking as "visitor parking" with directional signage so that clients and customers know exactly where to park when they enter the complex. i Mr. Mitchell stated he would be very amenable to the added language to Condition 2.4 and he would submit a signage program for his property to address the items he previously mentioned, as well as wayfindings showing visitors and tenants where to park. 7:29 p.m. Public Comments section closed. In general, the Commission further discussed and reiterated the suggestions previously made (adding language to Condition 2.4 of the resolution being a practical solution), the complaint letter, and overall, they were all in favor of the project. i Motion: It was moved by Thompson, seconded by Mason, to adopt Resolution No. 4333, as amended. Motion carried 4-0-1. 7:33 p.m. Public Hearing Item #3 closed. I F REGULAR BUSINESS: { Received and 4. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2016 YEAR 1N filed. REVIEW The Community Development Department's 2416 Year in Review summarizes the Community Development Department's activities throughout 2016 including discretionary permits processed and approved (i.e. Conditional Use Permits, Design Reviews, Subdivision Maps, etc.), major accomplishments for various functional areas within the Department, Code Enforcement activities, and Building Division activities. 3 Minutes--Planning Commission January 24,2017—Page 4 of 6 ' r RECOMMENDATION: That the Planning Commission receive and file the report. DiLeva-Johnson Presentation given. Thompson Thompson had favorable comments on DiLeva-Johnson's Year in Review. Willkom There were no staff concerns. COMMISSION CONCERNS: Mason Mason commended DiLeva-Johnson for the Year in Review presentation. She also commended staff on their hard work. Mason wished the Commission and staff a happy New Year! She attended the Tustin Police Officers Association Annual Awards Banquet on January 13, 2017. Kozak Kozak wished everyone a happy rNew Year! He commended Reekstin on the CLG Report and DiLeva-Johnson on the Year in Review. Kozak attended the following events: 0 12129/16: Tustin's Minora Lighting Ceremony * 1114117: Volunteer Speed Matching Event sponsored by the Tustin Community Foundation • 1117117: OCTA Citizens Advisory Committee Meeting • 1117117: Successor Agency Board Meeting • 1119117: California Preservation Foundation Workshop Webinar—"Financial Tax and Regulatory ' Incentives for Historic Preservation" 1119117: Tustin Chamber of Commerce Mixer Ribbon Cutting for Tustin's Exchange Club 1 Thompson Thompson attended the following events: • 10116: Harvard University Real Estate Management Program • 10116. ULI National Conference Commercial Retail Development Committee in Dallas, TX 10117116:. CAC Meeting i • 11116/16: OCTA Meeting • 1110117: Bicycle Ad Hoc Committee • 1112117 OCTA Meeting I i Lumbard Lumbard again thanked staff for all the hard work they dol E • 1124117: ACC-OC Event"Proposition 64 Cannabis Regulation and Update" Minutes—Planning Commission January 24,2017--Page 5 of 6 T50 p.m, ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled"fes::` Tuesday, February 14, 2017, at 7;00 p.m. in the Clifton C. Miller Community Center at 300 Centennial Way. AUSTIN LU RD Chairperson ELIZABETH A, BINSACK Planning Commission Secretary I i i i 1 I i Minutes—Planning Commission January 24,2017— Page 6 of 5 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 13, 2016 7:00 p.m. CALL TO ORDER Smith INVOCATION/PLEDGE OF ALLEGIANCE ROLL CALL: Chair Lumbard Chair Pro Tem Smith Commissioners Kozak and Mason EXCUSED ABSENCE: Thompson None. PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES—OCTOBER 25, 2016 Minutes of the October 25, RECOMMENDATION: 2016 meefing, as amended. That the Planning Commission approve the Minutes of the October 25, 2016 Planning Commission meeting as provided. Motion: It was moved by Kozak, seconded by Smith, to approve the Minutes of the October 25, 2016 meeting, as amended. Motion carried 3-0-2 with Mason abstaining and Thompson being absent. 2. CDBG CITIZEN PARTICIPATION PLAN AMENDMENT RECOMMENDATION* That the Chairperson of the Planning Commission be designated to serve as the Planning Commission's representative on the Citizen Participation Committee, or, appoint a designee to serve on his behalf. Lumbard accepted appointment as the Commission's representative on the Citizen Participation Committee and he recommended that in the Chairperson's absence, the Chair Pro Tem become the designee. Motion: It was moved by Lumbard, seconded by Kozak, to appoint the Chairperson as the Commission's representative and the Chair Pro Tem as the designee, on the Citizen Participation Committee. Motion carried 4-a1. Binsack Binsack informed the Commission that there will be meetings, training sessions, and a formal meeting for the Citizen Participation Committee (CPC). Note: When Lumbard is able to attend the CPC meetings and/or training, Smith does not need to attend. Minutes—Planning Commission December 13,2016—Page 1 of 4 7:13 p.m. Public Hearing Item Closed. None. REGULAR BUSINESS STAFF CONCERNS: Binsack Binsack thanked the Commission, on behalf of the Community Development Department, for another great year of working together and she wished them a healthy, happy holiday season. "We look forward to working with you in 2017.° COMMISSION CONCERNS: Mason Mason's favorable comments generally included: thanked staff for the work they have done this past year, for welcoming her to the team and for being helpful; City of Tustin, through the holiday season, is the most wonderful place to live; she thanked the Tustin Pride Community for recognizing her home with the Griswold Award; and Mason thanked the Tustin Police Department for bringing Santa Claus to town! Kozak Kozak thanked staff for their excellent work during the year and he looks forward to working together again in 2017. He attended the following events: i 11/15: City Council Candidates Forum 11120: Tustin Exchange Club Fundraiser/Bingo Fundraiser 1211: Red Hill Specific Plan Workshop#2 • 1219. City Council's Swearing-In Ceremony and the selection of Mayor Bernstein and Mayor Pro-Tem Murray, as well as Council Member Puckett and Clark—Congratulationsl • 1219: Tustin's Christmas Tree Lighting Kozak wished everyone "Happy Holidays! Merry Christmas! Best to the i New Yearl" Smith Smith thanked Binsack and her staff for doing an "amazing job" throughout the year. He also made favorable comments towards City staff as well as his fellow Commissioners. Smith attended the City Council's Swearing-in Ceremony as well. "Congratulations Mayor Bemsteinl" Lumbard Congratulations Mayor "Doc" Bernstein, Mayor Pro-Tem Murray, Council Member Puckett on his re-election and Council Member Claris for her election. Lumbard thanked former Mayor John Nielsen for his years of service. "Merry Christmas and happy holidaysl" 7:19 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, January 10, 2017, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, Minutes—Planning Commission December 13,2016—Page 3 of 4 AUSTIN LbMBARD Chairperson ZABETH A. BINSACK Planning Commission Secretary i 1 I i E F ii 11 i 3 Minutes—Planning Commission December 13,2016—Page 4 of 4 i MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 25, 2016 7:00 p.m. CALL TO ORDER: 7,00 P.M. Given. INVOCATIONIPL.EDGE OF ALLEGIANCE: Kozak ROLL CALL: Chair Lumbard Chair Pro Tem Smith Commissioner Kozak EXCUSED ABSENCE: Mason and Thompson None. PUBLIC CONCERNS: CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES—SEPTEMBER 27, 2016 Minutes of the September 27, RECOMMENDATION: 2016 meeting, as amended That the Planning Commission approves the Minutes of the September 27, 2016 Planning Commission meeting as provided. i 2. SUMMARY OF PROJECTS Received&filed. The report provides a summary of projects and activities since the last Summary Report presented at the July 12, 2016, Planning Commission meeting. The report focuses on the status of projects that the Planning Commission, zoning Administrator, or staff F approved; major improvement projects; Certificates of f Appropriateness; Code Enforcement activities; and, other items which may be of interest to the Commission. 1 Motion: It was moved by Kozak, seconded by Smith, to approve the Consent Calendar as follows: 1) Approved the Minutes of the September 27, 2016 Planning Commission meeting, as amended 2) Received and fled the Summary of Projects. Motion carried 3-0-2. PUBLIC HEARING ITEMS: 1 7:04 p.m, Opened Public Hearing Item#t3. 3. CONDITIONAL USE PERMIT 2015-22 & DESIGN REVIEW 2015- 016 Adopted Reso. APPLICANT: Leason F. Pomeroy, III No. 4329. LP3 Architecture, Inc. 156 N. Glassell St„ Suite 201 Minutes,Planning Commission October 25,2016—Page 1 of 10 Orange, CA 92866 PROPERTY OWNER: 295 El Camino LLC 616 E. Chapman Ave. Orange, CA 92586 LOCATION: 215-217 EI Camino Real ENVIRONMENTAL: This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: A request to enlarge and convert an existing office/commercial building to a restaurant; to establish an alcoholic beverage sales establishment with outdoor restaurant seating; and to satisfy required on-site parking (twenty (20) parking stalls) through the Old Town Parking Exception Program at 215-217 EI Camino Real. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4329 approving Conditional Use Permit (CUP) 2015-22 and Design Review (DR) 2015-016 to authorize the enlargement and conversion of an existing office/commercial building to a restaurant with onsite beer, wine, and distilled spirit sales (ABC License Type 47) and an outdoor restaurant seating area and a, parking exception-of twenty (20) parking spaces f for the property located at 215-217 EI Camino Real Reekstin Presentation given. f Kozak Kozak referred to the masonry wall issue. Reekstin In response to Kozak's questions, Reekstin stated that the motivation of the wall was to create an enclosed small garden space for the windows opening on the north side of the building, but staff decided it would not - be appropriate to have a solid wall at that location given the views from the north. He also stated that an alternative could be proposed to be more "open:" yet still provide a more aesthetically pleasing view from inside of the restaurant since the adjacent lot to the north is currently vacant and could be developed in the future. Smith Smith asked if the wall would be between the two (2) properties and If the lot was generally vacant and being used as a parking lot during the Farmer's Market only. He referred to the satellite image within the staff report. Reekstin Per Reekstin, Smith was correct. He stated that the vacant lot to the north was being used as a temporary basis for various things. The other Minutes—Planning Commission October 25,2016--Page 2 of 10 a ' lot is where the Farmers Market is located. Presently, there is no building on that site. Reekstin also stated that the day the image was taken from the satellite was the day of the Fanners Market. Lumbard Lumbard asked if the property owner to the north and south of the project site engaged in this project and if they were part of the discussion. Reekstin In response to Lumbard's question, Reekstin stated that originally the applicant had proposed a different project which would have included an outdoor seating area on the vacant lot to the north. 7:95 p.m. Opened the Public Comments Section. Al Ricci, building owner with the applicant, introduced a few members of the audience who are part of the project, as well as a brief history on his restaurant projects. Mr. Ricci informed the Commission his attempt to work with the Prescotts, owners of the vacant lot, but was unsuccessful. A representative, Ed Patrick, addressed the Commission making reference to the Gabbi's restaurant in the City of Orange and the success of that restaurant. He also thanked Reekstin and Ryan Swiontek(former Senior Planner)for their help with the entire process. The Commission generally had favorable comments for the project and to the applicant for investing in the Old Town area. Mr. Michael Lumbard, resident, also spoke in favor of the project. 7:21 p,m. Closed the Public Comments Section. Kozak Kozak thanked staff for the information on the coloring of the fagade and asked if a discussion had yet taken place with staff and the applicant regarding the color palette. Reekstin Reekstin stated that staff would be working with the applicant during the plan check process regarding the color palette, particularly the color white. Smith Smith referenced the Power Point presentation and asked staff for the location of the two (2) inspiration photos (examples) and what businesses they were. Reekstin Reekstin stated that the photos were taken from the Gracias Madre restaurant in Beverly Hills. Lumbard Lumbard reiterated.to the Commission the importance of having good quality, exciting, family-owned businesses in the Old Town area. He also thanked the applicant for bringing his business to Tustin. Minutes—Planning Commission October 25,2046—Page 3 of 40 i Motion; It was moved by Kozak, seconded by Smith to adopt Resolution No. 4329. Motion carried 3-0-2. 7.24 p.m. Closed Public Hearing Item #3. 7:24 p.m. Opened Public Hearing Item#4. Adopted Reso. 4. CONDITIONAL USE PERMIT 2016-16 No. 4331. APPLICANT: Roy Chin OB Square Group, LLC 1131 Shorecrest Lane Huntington Beach, CA 92646 1 PROPERTY OWNER: Howard L.Abel c/o WREM, Inc. 3146 Red Hill Ave.#150 ' Costa Mesa, CA 92626 LOCATION: 13832 Red Hill Avenue I 3 ENVIRONMENTAL: This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: To sell alcoholic beverages (ABC Type 41 License) for the on-site consumption of beer and wine in conjunction with a 2,750 square foot restaurant. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4331 approving Conditional Use Permit (CUP) 2016-16 to authorize an ABC Type 41 License for the sale of alcoholic beverages (beer and wine) for on- site consumption in conjunction with a 2,750 square foot restaurant (OB Square Restaurant) located at 13832 Red Hill Avenue. Beier Presentation given. Smith Smith questioned the clustering of late hour activity along Newport Avenue being part of the pian or if it was a coincidence since other businesses have asked for later hours in the past. He also asked staff If 3 that area was declared a "late night zone". Binsack In response to Smith's questions, Binsack stated that many of the referenced establishments are non-conforming uses, bona fide cocktail loungewbars, but not actual eating establishments. If any non- conforming uses were to expand, they would need to meet the City's f Minutes—Planning Commission October 25,2018—Page 4 of 10 current standards. Binsack stated that in addition, some of the other bona fide eating establishments were established prior to the policy the Commission adopted and is currently in place. She also stated that over the years, the City has reviewed the ABC License ordinances and policies and have made various recommendations to the Commission and the City Council, and they are consistent with maintaining those standards. Binsack also stated that the City is currently in the process of reviewing ABC License ordinances and policies again. The City will then return to the Commission recommending whether or not the Commission wants staff to maintain the ordinances and policies or have staff re- evaluate what the policies and ordinances might be due to the fact that there have been some changes in the industry. Should the Commission approve what staff has proposed, the applicant could return to the Commission and request a modification, at a later time, which is how some of these items previously mentioned have evoived over time. Smith Smith's follow up questions generally included: the prior discussions staff represented hours of operation and alcohol establishments; ABC License policy suggesting that staff has advanced ideas and the Commission has affirmed those ideas; and he asked if any inquiries were made to the City of Diamond Bar and their experiences or issues with the restaurant operating in their city. Binsack Binsack confirmed that over the last 20 years staff has addressed the Commission of the ABC License issues. Consistently, the policies have become more conservative when it comes to location and establishment of rules and regulations relating to onsite and offsite consumption. Beier 'In response to Smith's question on the Diamond Bar restaurant, Beier stated that the inquiries were followed up on through the Tustin Police Department to the Los Angeles Sheriffs Department and there were no calls for service. 7,37 p.m. Public Comment Section Opened. Mr. Chin, the applicant, provided a brief background and a presentation on his restaurant business. He stated his purpose is to provide the facility to service family gatherings in a "family environment". He also strongly encouraged the Commission to consider extending the hours of the business until 2:00 a.m. Smith Smith asked the applicant if he was looking to service alcohol up until 2:00 a.m, as well as operate the restaurant until 2:00 a.m. Mr. Chin stressed that selling alcohol is not the focus of the restaurant and reiterated the 'family environment" of the restaurant. He also stated that the sale of alcohol is "part of the meal" (optional) and that he has followed all of the ABC License guidelines with regards to not selling alcohol beyond 2:00 a.m. Mr. Chin hopes to have a successful restaurant Minutes—Planning Commission October 25,2016—Page 5 of 10 Smith Smith requested clarification on the CUP and asked if the applicant wanted to operate the restaurant until 2:00 a.m. but not serve alcohol until 2:00 a.m., but maybe 11:00 p.m. or midnight, would a CUP be required on the extended hours. Binsack In response to Smith's clarification questions, Binsack clarified that the CUP is required for the sale of alcohol regardless of the business hours. Lombard Lumbard's follow-up question for the Commission was, If the Commission were to approve the CUP with the closing time indicated, and if it would require an additional act of the Commission to extend the requested time or an administrative change. Binsack Binsack asked Lumbard if he meant whether or not the Commission has the authorization to approve the use to remain open until 2:00 a.m. Lumbard Lumbard clarified his question stating that the item presented is a CUP I for the sale of alcohol on-site and that part of the item are the operating hours being tied to the sale of alcohol. He asked if the Commission were to then approve the CUP with the 11:00 p.m. and 12:00 a.m. closing time, and the applicant was abiding by the Conditions of Approval and wanted to extend the hours, would the applicant have to go before the Commission or the Zoning Administrator. Binsack Binsack stated that the zoning Administrator has the capability of approving the extension of the hours. Smith Smith's final comments had to do with alcohol service and hours of operation. He asked the applicant if he were to stop serving alcohol at a particular hour but extend the food service if that would be sufficient for the applicant's operation. In response to Smith's question, Mr. Chin stated that it would be a possibility but he did not know how to enforce it. Again, he reiterated j that he does follow the ABC License rules and would not sell alcohol 1 beyond 2:00 a.m. Willkom Wilikom referred the Commission to Condition 2.3 of the proposed Conditions of Approval which establishes the hours of operation as well as the Commission giving authority to the Director of Community Development to make any modifications to the hours of operation. 7A7 p.m. Closed Public Comment Section, Smith Smith's closing comments generally included the following: empathetic to the idea of the applicant selling akxftl out of his restaurant at a later hour; the applicant would have to be in compliance with all noise level issues with the surrounding development and establishments, and he also asked how long the applicant has been operating his business in Diamond Bar. Minutes--Planning Commission October 25,2016—Page 6 of 10 Beier Beier stated.that there is a condition that ensures compliance with the City's Noise Ordinance. She did not know how long the applicant's business in Diamond Bar has been operating but,she said she would obtain that information for the Commission, Mr. Chin stated his business in Diamond Bar has been operating since 2012. Kozak Kozak's comments/eoncems generally included: alcohol being served until 2:00 a.m. being that there are residential units nearby; commented on Binsack's statement on the City's Ordinance and regulations regarding alcohol services going through a review period; Kozak thanked Willkom for pointing out Condition 2.3 of the Conditions of Approval; and Kozak also mentioned the Red Hill Specific Plan and his concern with establishing a use during a time the City Council will be establishing a policy in the Red Hill area. 7:51 p.m. Re-opened the Public Comments Section, Mr. Chin clarified the alcohol he is entitled to sell is Type 41 which includes beer and wine (cannot exceed 24 percent alcohol by volume). He also stated that most of his customers arrive at his restaurant between 10:00 p.m. and 12:00 a.m. Mr. Chin is open to the idea to stop selling alcohol at 1:00 a.m. and is willing to work with the City in order to have a successful restaurant, Mr. Kenny Yu, owner of the restaurant, stated that at his restaurant in the City of Diamond Bar, during the week, they have last call for alcohol at 12:30 a.m, /weekends 1:00 a.m. 7:53 p.m. Re-closed the Public Comments Section, Lumbard Lumbard's final comments generally included the following: The Commission's role from a policy standpoint; the City Council's position on sale and alcohol consumption which he feels would be the right body to adjust the hours of selling alcohol; he reminded his fellow Commissioners that they would be better served to consider the recommendation staff presented which is consistent with City Council's policy for the last eight (8) years; it would be appealable to the City Council if the applicant chose to appeal should the Commission approved it; the City Council would be the final arbiter on making any adjustments to the hours; not in favor of the extended hours due to the residential areas to the north and east of the project location; stated that the restaurant did not"fit"within the surrounding uses that close at 10:00 p.m.; it would be a nice compromise to extend the hours to 11 p.m. (weekdays) and 12:00 a.m. (weekends); he was in favor of staffs recommendation; and Lumbard asked staff if the Commission approved the recommended hours and if the applicant is a positive influence on the community, and is operating without any problems, then the applicant could request additional hours via City staff. I Minutes--Planning Commisslon October 25, 2016—Page 7 of 10 Smith Smith made favorable comments to the applicant as well as to Lumbard's comments. He Is in favor of the item and wants the applicant to be successful. Smith also concurred with Lumbard regarding giving the applicant the opportunity to request extended hours. Kozak Kozak's comments generally included: he concurred with Lumbard's comments; Kozak understood the Commission's role as advisory to the City Council; Condition 2.3,of the Conditions of Approval may provide flexibility; the recommended hours are an increase with what the surrounding restaurant uses are; since the Tustin Police Department reviewed the hours of operation than that carries weight as well; and Kozak was in support of the recommended action. Lumbard Lumbard asked that staff explain the appeal process to the applicant and the process the applicant may undertake if he wishes to approach staff for extended hours in the future. He also encouraged the applicant to ask staff procedural questions, if he had any, in order to understand the entire process. Motion. It was moved by Lumbard, seconded by Kozak to adopt Resolution No. 4331, Motion carried 3-0-2. Binsack Binsack informed the applicant that the item is an appealable item to the City Council and that there is a ten (10) day appeal period to which an appeal would need to be filed with the City Clerk's office. 7:59 p.m. Closed Item#4. 7:59 p.m. Opened Item #5. Adopted Reso. 5. CONDITIONAL USE PERMIT 2016-20 No. 4330. APPLICANT: Jeffery Chun Baseballogy 2872 Walnut Ave., Unit D Tustin, CA 92780 PROPERTY OWNER: Lore S. Thompson , 26985 Moro Azul Mission Viejo, CA 92691 j LOCATION: 2872 Walnut Avenue, Suite B i ENVIRONMENTAL: i This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301, Class 1. REQUEST: i To establish a private indoor recreational use, including baseball Minutes—Planning Commission October 25,2016—Page 8 of 10 hitting and ,pitching training, within an existing 2,632 square foot tenant space located within a light industrial office complex. RECOMMENDATION, That the Planning Commission adopt Resolution No, 4330, approving the establishment of a private indoor recreation facility for baseball hitting and pitching training within an existing 2,632 square-foot tenant space located at 2872 Walnut Avenue, Suite B. Hutter Presentation given. 8:04 p.m. Opened the Public Comments Section. Mr. Jeffery Chun, the applicant, provided his business and family background to the Commission and thanked Huffer for her help with the" project. Kozak Kozak thanked the applicant for bringing his business to Tustin. Smith Smith did not have any questions or comments. Lumbard Lumbard thanked the applicant for investing in the community. 8:09 P.M. Closed the Public Comments Section, Smith/Lumbard Both Smith and Lumbard thanked the applicant for opening up his business in Tustin. They spoke on the light industrial use and zoning of the project area and how the uses coming in would be addressed moving forward. It was moved by Kozak, seconded by Lumbard, to adopt Resolution No. 4330. Motion carried 3-0-2. 8:10 P.M. Closed Item #5. None, REGULAR BUSINESS i None, STAFF CONCERNS COMMISSION CONCERNS: i Kozak Kozak thanked staff for their hard work including DiLeva-Johnson's Summary of Projects report. He attended the following events, • 10115: Old Town Tustin Art Walk • 10117: Tustin Chamber of Commerce Candidates Forum and Debate • 10/18: OCTA Citizens Advisory Committee Meeting ' Smith Smith mentioned upcoming election day—'get out there and vote!" Minutes—Planning commission October 25,2016—Page 9 of 10 . l Lumbard Lumbard attending the following events: + 9/29: ACC-OC Ballot Breakfast at UCI • 1011: Tustin Tiller Days Parade e 10112: Tustin Chamber of Commerce Breakfast • 10114: Operation Warm Wishes Inaugural Gala at Wilcox Manor • 10115; Old Town Tustin Art Walk 10117; Tustin Chamber of Commerce Candidates Forum and Debate o 10128; Urban Infill Seminar (re: Platinum Triangle in Anaheim) "Stay safe on Halloween." Dino Dash taking place on 1116. "Get out and vote!" 8:14 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, November 8, 2016, at 7:00 p.m. in the Council Chamber at 300 Centennial Way, AUSTIN LUMBARD Chairperson E ELIZABETH A. BINSACK Planning Commission Secretary i Minutes—Planning CommiWon October 25, 2016—Page 10 of 10 Patriots & Pioneers Page 1 of 2 TUSTI N Tustin has a long and distinguished history of answering the call to arms. * * * * * * # * Please Help Us Remember Mfflu'offs *** *** the 10 + 1 PIONEERS We must remember.If ive do not,the Local citizens continue to serve honorably in our nation's military sacrifice of their lives will be meaningless. services to protect and defend the freedoms and values that make our They died for us,for their homes and City and our Nation like no other. tomilies and friends,for a collection of ,,,:!,hiiarts they cherished and a future they During 2017, the Tustin Community Foundation recognized the sacrifices believed in.,they died,for Tustin. The of local heroes who lost their lives in the service of our country by meaning of their sacrifice rests with our holding tribute celebrations to familiarize residents with the patriots collective consciousness;our furure is their honored with street names throughout our community. rnonument. -Heather Robinson Read the stories about all of Tustin's There are an additional 10 fallen Tustin military heroes and 1 Tustilz fallen heroes HEM in an OC police officer who should also be remembered with a street name. Register article by Susan Goulding Please join our efforts to remind the City Council that their lives were also given in the service to our community and should be r honored the same way as the others. ii Capt.Lawrence N.Helber United States Marine Cnrpc 'hy POWlMIA,January z.{,iy6Gin Vietnam Sgt.Major John H.Johnson United States Marine Corps Killed July tz,1967,in Viernam SPc.4th Class James Lucero \f United Srates Army { Killed lune t3,t96g.while serving in Vietnam Lt.Jeffrey Martin �' ;�'#. .� `�. United States Marine Carps Killed July z9.I"in Vietnam y PFC.John Oglesby United States Army Killed May t,iafi .while sexing in Vietnam 1� Sgt.Christy Albert Peebler United Srates:lrmy Killed lune 13,t9N),while serving in Vietnam Sgt.Allan Swaim United States Army Killed Aug t,io68.during shelling in Vietnam Seaman and Class Donald Ynigues United States Nagy httn://events.r20.constantcontact.comJreizister/event?oeidk=a07edto4isu 7ddf4b60&llr=so... 01/24/2018 Patriots & Pioneers Page 2 of 2 Killed Aug,14,1,)44.in the sinking of the USS John Peon W Cuadalcanal PFC.Luther Yopp United States;\rmy killed Nuv.2(),1944.serving in I-rance during World War II Officer Wally Karp United StateK Navy%eteran and'l'ustin police officer shot and killed fan 7,X 973 _ Pleas<contact the Tustin City Council @ Ci4Counj;ilptustinca orr Mayor AI Murra) Mayor Pro Tem Reckie Gomex � - � Council Member Letitia Clark t Collnt5l Member Chuck Puckett Council Member Allan fienistein a ■Ea■ p r ' Thank You John McCuire Photography + ' Contact Donna Peery.Chacrperson TustinCommunit} luandatiutl -i.y.Sj,' i5„r, i�<iihi�.to>[i nconamunit}"fnunda[inn.ot�, r i • 7 http://events.r20.constanteontact.com/register/event?oeidk=a07edtci4isci7ddf4b60&llr=sci... 01/24/2018 Tustin street names steeped in history — Orange CotultV Register NEWS Tustin street names steeped in history 4:e GIS'►TER.com Tustin street names steeped in history By JUANITA LOVRET I Orange County Register 0 COMMENTS February 2,2011 at 12:58 pm Tustin's growth began in earnest in the 1950s. Freeways, schools, and industries attracted thousands of people. Annexations with new streets and block after block of new housing became the major issue from 1955 to 1965. httns:l/ww-w.ocreeister.com12011IQ?102/tustin-street-names-steetied-in-histor��! 01/24/2018 Tustin street names steeped in history—Orange County Register _ Many of the new streets in south Tustin were named after ranchers and Tustin's early residents,as the community spread in all directions, transforming citrus groves into housing tracts. STREET NAMES Utt Drive in South Tustin honors the Utt family. Lysander Utt and his wife, Emily Arvilla, came to Tustin City in 1874 with their young son Charles Edward and established a general store.The younger Utt attended Tustin schools and became prominent as a civic leader,rancher and land developer. He also owned UttJulce Co.and Tustin Water Warks. His son James served in the state Assembly in the 1930s and represented the Tustin area in Congress from 1953 to 1970. Mitchell Avenue is identified with Ralph and Johanna Mitchell who established their ranch and home in South Tustin in 1889.Their son Willis G. Mitchell became manager of the Irvine Ranch.Grandson Willis,popularly known as"Bud,"attended Tustin High and farmed in the Irvine area. Although members of the Preble family owned the land where the Tustin Civic Center and Jamestown Village were built,only a,short street called Preble Drive carries their name.Samuel W.Preble and James O. Preble arrived in Tustin with their nephew George Preble.All three bought acreage and established ranches.The younger Preble became a well known architect and builder in the area. The Nisson family,for whom Nisson Road is named,established themselves in the Tustin area in 1876. Mathias Nisson,a native of Denamark,was a farmer and a director of the Santa Ana Valley Irrigation Co. His son Clarence acquired a home and citrus property in Tustin as well as orange and lemon groves in Santa Ana and Orange.Grandsons Arthur, Richard and Matt attended Tustin schools. Matt still grows oranges in South Tustin. Also in South Tustin,Warner Avenue recalls Frank and MaryWarner who lived on their 20-acre orange grove.Williams Street was named for Albert C. Williams,who came to the area in 1874,and his son,A.C.Williams. Chester Kenyon grew walnuts and oranges on his land in the vicinity of Kenyon Drive, Ebel Road was named for the Ebel family who traced their Tustin roots back to the turn of the century. httns://www.ocreizister.com/2011/02/02/tustin-street-names-steet)ed-in-history/ .01/24/2018 J ustin street names steeped in history — Orange County Register Fewer developers of streets on the north side of Tustin used family names for them. Marshall Lane was created after the city of Tustin annexed Joseph Marshall's acreage on Santa Clara in 1961. Enderle Center Drive leading to Enderle Center traces its name back to Herman Enderle who came to Orange County in 1892. Vandenberg Lane, also close to Seventeenth Street, passes through land Art and Albert Vandenberg owned. The oak tree in the adjoining shopping center shaded the yard where their children played. When Tustin Ranch was laid out, names of civic leaders and World War 11 heroes were assigned to the streets. But more about that later. Tags: opinion Columns Juanita Lovret VIEW COMMENTS join the Conversation We invite you to use our commenting platform to engage in insightful conversations about issues in our community. Although we do not pre-screen comments, we reserve the right at all times to remove any information or materials that are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable to us, and to disclose any information necessary to satisfy the law, regulation, or httns://www.ocreQister.corn/20111O2/t)2ltustin-street-names-steered-in-historv/ i)1 24/2018