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HomeMy WebLinkAbout01 PC Minutes 4-11-05 7:00 p.m. Sworn in by the Director Given All present Staff present None Approved Adopted Resolution Nos. 3867 and 3868 ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION APRIL 11, 2005 CALL TO ORDER 1. SEATING OF COMMISSIONER NATHAN MENARD PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Director-Community Development Doug Holland, Assistant City Attorney Terry Lutz, Principal Engineer Steve Sasaki, Consultant Scott Reekstin, Senior Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 2. APPROVAL OF MINUTES - MARCH 28, 2005, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Floyd, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS 3. GENERAL PLAN AMENDMENT 05-001 TO ESTABLISH A COLLECTOR ARTERIAL DESIGNATION AND TO RECLASSIFY EL CAMINO REAL BETWEEN FIRST STREET AND NEWPORT AVENUE FROM A SECONDARY ARTERIAL TO A COLLECTOR ARTERIAL. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3967 recommending that the City Council adopt the Negative Declaration as adequate for General Plan Amendment 05-001; and Minutes - Planning Commission 4-11-05 - Page 1 2. Adopt Resolution No. 3968 recommending that the City Council approve General Plan Amendment 05-001. 7:03 p.m. The Public Hearing opened. Reekstin Presented the staff report. Menard Asked why the OCT A is involved. Reekstin Answered that the OCT A designates all the arterials throughout the County; EI Camino Real was a secondary arterial; the redesignation to collector must be reflected on the Master Plan of Arterial Highways. Menard Asked if the City receives funds from the County for maintenance of the street. Lutz Stated that, since EI Camino Real is on the Master Plan of Arterial. Highways, it would be subject to funding through OCT A at various times. Menard Asked if tonight's reduction would reduce the funds. Lutz Indicated the reduction would not jeopardize funding. Reekstin Added that, with the proposed General Plan Amendment, the City would be in compliance with the Master Plan of Arterial Highways; at the present time, the two plans do not match. Director Noted that when considering the reduction in the lanes, it would be necessary to go through the OCT A to ensure they were amenable to the reduction; the City did not want to jeopardize any of our funding through Measure M or other funding for which the City might be considered. 7:10 p.m. The Public Hearing closed. Pontious Stated tonight's item is a formality; the real debate took place long ago. It was moved by Pontious, seconded by Menard, to adopt Resolution Nos. 3967 and 3968. Motion carried 5-0. REGULAR BUSINESS Given 4. FINDINGS AND THE DECISION MAKING PROCESS WORKSHOP This workshop is intended to explain the concept of findings and the decision making process, which are intended to cover the Minutes - Planning Commission 4-11-05 - Page 2 following: 1) the evidence on which the decision is based; and 2) the connections between the evidence and the case at hand. Willkom Presented the workshop. Nielsen Asked if there is an appeals process other than going through the Planning Commission and City Council, such as the County or a State agency, if an individual is in disagreement with a particular finding. Holland Answered that decisions of the Planning Commission are appealed to the City Council; if someone is aggrieved by that decision, the typical remedy is through the courts. Director Added that some coastal communities might have items appealable to the California Coastal Commission, but Tustin would not fall within those parameters. Holland Noted that certain findings may still be made by the Airport Land Use Commission. Director Indicated that findings are important; sometimes staff members lose sight of that and create boiler plate findings; staff must endeavor to prevent that from happening; resolutions presented for Planning Commission consideration must be prepared with complete and adequate findings; the staff report is important, but it is the resolution that becomes the legal document; applicants must feel they are being treated fairly regarding the entire record of any project. Holland Stated that staff spends a great deal of time preparing the resolutions and making recommendations; projects are conditioned to relate to findings, which empowers the Planning Commission to make the ultimate findings that are required in the Code; the Planning Commission should think about what impact a suggested change may have on the action pending before the Commission; if the Planning Commission chooses not to approve the staff recommendation, two things are necessary as follows: 1 ) additional time to prepare the appropriate documentation; and, 2) an explanation from the Commission as why there is a disagreement and why the Commission wants to go a different direction. Director Suggested that, during her time as Director, the Planning Commission has done an outstanding job providing direction to staff . Nielsen Stated that staff does an excellent of putting these workshops together. Minutes - Planning Commission 4-11-05 - Page 3 Floyd Nielsen Director Lee Menard Floyd Pontious Nielsen Nielsen continued Director 7:32 p.m. Indicated that applicants often comment positively on the job staff does. Added that even when there has been opposition to applications, people never question the fairness and accuracy of the findings. STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE APRIL 4,2005, CITY COUNCIL MEETING. Indicated there were no items to report. COMMISSION CONCERNS Thanked staff for tonight's reports. No concerns. Thanked staff for their work. Echoed the thanks of the above Commissioners. Thanked staff for the good work on tonight's items. Thanked the Public Works Department for their response to his comment regarding the traffic situation on Walnut at the last Planning Commission meeting. Indicated that staff will be providing a summary of the Legacy projects for the Planning Commission on a timely basis. ADJOURNMENT: It was moved by Menard, seconded by Pontious, to adjourn the meeting. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, April 25, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission 4-11-05 - Page 4