HomeMy WebLinkAboutPC MINUTES 04-09-19 MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
APRIL 9, 2019
7:03 p.m. CALL TO ORDER
Given. INVOCATION/PLEDGE OF ALLEGIANCE: Thompson
Present. ROLL CALL: Chair Kozak
Chair Thompson
Commissioners Gallagher, Mason
ABSENT: Commissioner Jha
None. PUBLIC CONCERNS:
CONSENT CALENDAR:
Approved the 1. APPROVAL OF MINUTES —MARCH 26, 2019
March 26, 2019
Planning RECOMMENDATION:
Commission
meeting That the Planning Commission approve the Minutes of the March 26, 2019,
Minutes. Planning Commission meeting, as provided.
Motion: It was moved by Thompson seconded by Gallagher to approve the Minutes of
the March 26, 2019 Planning Commission meeting. Motion carried 4-0-1.
PUBLIC HEARING:
Adopted 2. CONDITIONAL USE PERMIT (CUP) 2019-00003
Resolution No.
4382.
APPLICANT: DAVID BIEHL
PM PEDIATRICS MANAGEMENT GROUP
ONE HOLLOW LANE, SUITE 301
LAKE SUCCESS, NY 10042
PROPERTY
OWNER: B-K TUSTIN PROPERTY, LLC
ATTN: PAUL STRAUSS
P.O. BOX 1818
MONROVIA, CA 91017
LOCATION: 14971 HOLT AVENUE
Minutes—Planning Commission April 9,2019—Page 1 of 6
ENVIRONMENTAL STATUS:
This project is categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Section 15301, Class 1 pertaining to
existing facilities.
REQUEST:
Establish a 5,420 square foot pediatric urgent care office within an existing
commercial building.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4382 approving CUP
2019-00003 authorizing the establishment of a pediatric urgent care within
an existing 5,420 square foot building located at 14971 Holt Avenue within
the Tustin Courtyard Shopping Center.
Beier Presentation given.
Thompson Thompson asked about ambulatory services for the project.
Binsack Binsack stated that emergency services are not being proposed for the project.
Kozak Kozak asked if there are plans to modify the building.
Beier Beier responded that the project consists only of interior tenant improvements.
In the future, the applicant may look at exterior modifications, but no
modifications at this time.
7:19 p.m. Opened the Public Hearing Item.
Dr. Joshua Dr. Joshua Sherman, pediatrics MD, representing the applicant, commended
Sherman staff and the Commission for their consideration, and he looks forward to
helping the community.
Mr. Richard Mr. Richard Ramer, architect, representing the applicant, introduced himself
Ramer and he asked the Commission if they had any questions regarding the project.
Gallagher Gallagher commended Mr. Ramer on the renderings and the concept of the
project.
Mason Mason voiced her concern with regards to the windows visibility from the street
view and she asked if the interior windows would be covered for privacy.
Dr. Joshua Per Dr. Sherman, material will be placed on the interior windows in order for
Sherman people to be able to see out but no one would be able to see inside the building,
in order to allow privacy.
Mr. Paul Strauss Mr. Paul Strauss, representing the owner of the center, thanked staff and the
Commission for their consideration.
Minutes—Planning Commission April 9,2019—Page 2 of 6
7.1 4 p.m. Closed the Public Hearing Item.
Thompson Thompson was in favor of the project and pleased there would be no noise or
parking impacts. '
Mason Mason concurred with Thompson's comments and she"was also in support of
the project.
Gallagher Gallagher was in favor of the item.
Kozak Kozak was in favor of the item and was pleased the project would fit in with the
DCCSP.
Binsack Binsack clarified Condition 2.2 of the Conditions of Approval (hours of
operation) and informed the Commission that the resolution would be updated
to include the complete hours of operation.
Motion: It was moved by Mason seconded by Gallagher, to adopt Resolution No. 4382,
as amended. Motion carried 4-0-1.
REGULAR BUSINESS:
Approved the 3. TUSTIN HISTORIC REGISTER NOMINATION: BOUCHARD HOUSE —
nominatlon. 255 SOUTH A STREET
RECOMMENDATION:
That the Planning Commission, as Historic and Cultural Resources
Advisor, approve the nomination of 255 South A Street to the City's Historic
Register Plaque Program and select"Bouchard House— 1923"as the most
appropriate Historical name and date of construction of the property.
Wlllkom Presentation given.
Thompson Thompson made favorable comments (i.e. history, nostalgia, highlighting the
architectural features).
Mason Mason commended the property owner and she thanked the owner for
maintaining the historic nature of the house.
Kozak Kozak commended the property owner regarding the craftsman style bungalow.
GleeAnne Jeffries, property owner, thanked the Commission for their
consideration and staff for the report and presentation.
Mason Mason asked staff for an update on the plaque differentiation, which was
discussed at the last meeting.
Minutes—Planning Commission April 9,2019—Page 3 of 6
Binsack Per Binsack, at the last City Council meeting, Chair Kozak made a presentation
regarding the nomination of the Del Rio building. A recommendation was made
to the City Council differentiating plaques for new or historic structures by using
different shapes and identifying Old Town Tustin rather than the Historic
Register Program, which the City Council did approve. Binsack added that staff
will be presenting a prototype to the Commission at a future date.
Motion: It was moved by Thompson, seconded by Kozak, to approve the nomination of
255 South A Street to the City's Historic Register Plaque Program and select
"Bouchard House— 1923" as the most appropriate historical name and date of
construction of the property. Motion carried 4-0-1.
4. WORKSHOP: CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (CEQA) Workshop will include
many aspects in understanding the role of CEQA on actions taken by the
Planning Commission. The Workshop will cover the goals, purpose,
framework, process and procedures, application process, and timeline of
the CEQA.
Bobak Bobak introduced Mrs. Ricia Hager to the Commission, along with Hager's
experience in teaching CEQA guidelines to various agencies throughout the
county.
Ricia Hager, Presentation given.
WSS
Mason During the presentation, Mason asked Hager about Indian burial grounds and
if they would qualify for exemptions and if not, how would this be addressed.
Hager Hager stated that AB52's consultation with Native American tribes requirement,
requires the City to consult with the appropriate tribes and if the tribes request
consultation with the City regarding that project, then City would have to meet
before the City can approve the project, which is more of a procedural
requirement.
Thompson Thompson asked Hager what would happen when a document (i.e. EIR)
becomes outdated and regulations have changed.
Binsack In response to Thompson's questions, Binsack stated that City staff would
review the Initial study (list of impact areas) look at the existing document and
review to see how relevant that document is with the action the City is going to
undertake. If necessary, a supplemental or addendum may be necessary.
Mason Mason commended Ricia on the presentation. She asked who would absorb
the cost of updates (i.e. EIRs) when a project is submitted to the City.
Binsack Per Binsack, if an EIR has been prepared, and the City is the applicant, the City
would absorb the costs. If a private entity comes forward with a development
project, then the developer would absorb the costs. Overall, City staff needs to
ensure the CEQA procedures are done correctly for the project and for the City.
Minutes—Planning Commission April 9,2019—Page 4 of 6
' E
Binsack added that whenever a staff report is presented to the Commission,
staff identifies environmental analysis in compliance with the CEQA guidelines.
Gallagher Gallagher referred to the EIR's that were completed for the Red Hill Specific
Plan and the Downtown Commercial Core Specific!1 Plan and the formal
process. He also asked Binsack if an EIR would automatically need an
addendum.
Binsack Binsack stated that the desire of both specific plans was to do a Program EIR.
When individual development projects are submitted, staff will conduct an Initial
Study and an evaluation to ensure the original EIR covered the project and if it
did, then the Mitigation Measures that were identified would be included into the
proposal. If not, then staff would need to evaluate and include or update that
environmental document and add mitigation associated with that project's
specific application. Binsack also spoke on the East Tustin Specific Plan's(aka: ,
Tustin Ranch) Mitigation Monitoring Report, which generally included: the
Mitigation Monitoring Report Program (MMRP) took place long after the final
development project took place; the City was required annually to do an
analysis to ensure that those mitigations and improvements were done in a
timely manner and if they were not done, the City needed to identify why they
were not done, or why they were deferred; and she explained the reason for
the annual MMRP for the Tustin Legacy.
Hager Hager added that recently a case upheld a document that was 20 years old.
Bobak Bobak also added that it would depend on how good the 20 year old document
was and whether or not it analyzed all of the potential environmental impacts
and they have not changed, and there are no new significant impacts that could
occur from the project, then under CEQA there is no reason to do any additional
environmental review because there are no additional environmental impacts.
Kozak Kozak added to Binsack's comments on the MMRP that the report has to do
with the progress of the measures taken for the MMRP and their
implementation.
Thompson Thompson complemented Hager on her presentation and he suggested Hager
prepare a one page outline showing the flow of the CEQA guidelines, as a
handout.
STAFF CONCERNS:
Binsack Binsack again informed the Commission that staff will be presenting a prototype
of the new plaque to the Commission at a future date.
COMMISSION CONCERNS:
Thompson 3/27: Swearing-In Ceremony for Supervisor Don Wagner
3/28: Mayor's Dinner at Greenwood
4/5: Empty Saddles Ceremony— Mission Inn in San Juan Capistrano
4/8: Haberdashery Fundraiser—Sacred Heart JesuslRetreat in Santa Ana
Minutes—Planning Commission April 9,2019—Page 5 of 6
Thompson 4/3: OCIBC — OC Moves — Overview of Metrolink's by CEO Stephanie
Wiggins
Thompson's first grandson, Wesley James DeGracia, was born on March 29,
2910! Congratulations Thompson family!
Mason None.
Gallagher None.
Kozak 3,128: Mayor's Dinner at Greenwood:
4/2: City Council Meeting — Kozak presented the commendation for the Del
Rio building
8-11 p.m. ADJOURNMENT-.
The next regular meeting of the Planning Commission is scheduled for
Tuesday, April 23, 2019, at 7:00 p.m. in the City Council Chamber at 300
Centennial' Way.
S,-rEVE k0AK
Chairperson
yFZABETH A. BIN SACK
Planning Commission Secretary
Minutes -Piannng Cornmissbri April 9, 2019- Page 6 of 6