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HomeMy WebLinkAboutPC MINUTES 10-12-21 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION ( MEETING OCTOBER 12, 2021 6:05 p.m. CALLED TO ORDER. Given. INVOCATION: Fred Snider, Grace Harbor Church All present. ROLL CALL: Chair Mason Chair Pro Tem Kozak Commissioners Chu, Higuchi, Mello None. PUBLIC CONCERNS. Lt. Luis PRESENTATION: TUSTIN POLICE DEPARTMENT—OVERVIEW Garcia i Chu Chu commended Tustin Police Department's "etch and catch program". Higuchi Higuchi asked for updates regarding DUI, drugs, street racing and weapons since they were not covered the presentation. He also asked for the status of Tustin's Citizens Academy and Police Department ride alongs. Lt. Luis Lt. Garcia's response to Higuchi's questions generally included: background Garcia information regarding the county-wide Street Racing Task Force; the Police Department has seen an increase in guns manufactured at home (aka: ghost guns) and arrests for drug sales which may be attributed to less stringent laws for drug possession (now classified as a misdemeanor versus felony); the local narcotic suppression programs (fentanyl, cocaine, heroin); he confirmed Tustin's Citizens Academy (English/Spanish) is still active with the latest graduation occurring the first week in October—see the City's website for future classes; and currently, Police Department ride alongs are on hold due to the COVID pandemic. Kozak Kozak commended the Police Department for all that they do for the community. He asked about the process for families to register their children's bicycles. Lt. Luis Lt. Garcia provided step-by-step instructions on the bicycle registration process. Garcia i Mason Mason concurred with Kozak's commendation of the Police Department. She asked about the graffiti and crime statistics (year-to-date overview for 2021). Mason also inquired on the temporary homeless shelter near the District and the i name of the officer dedicated to the program. 3 it Agenda—Planning Commission October 12, 2021 —Page 1 of 6 I Lt. Luis Lt. Garcia stated the Police Department changed to a new statistics program Garcia which shows that the numbers have decreased slightly for graffiti and crime levels in certain areas have fluctuated. He also commended Officer Jasmine DeLeon, who is dedicated to the homeless shelter program. Reekstin In response to Mason's question regarding the graffiti numbers, Reekstin stated that graffiti would be covered briefly in a bar chart within the Summary of Projects report, and that the numbers are similar to the numbers for 2020. Approved CONSENT CALENDAR: the Consent Calendar. 1. APPROVAL OF MINUTES— SEPTEMBER 14, 2021 RECOMMENDATION: That the Planning Commission approve the Minutes of the September 14, 2021 Planning Commission meeting, as provided. 2. APPROVAL OF ACTION MINUTES — SPECIAL MEETING —WALKING TOUR — SEPTEMBER 28, 2021 RECOMMENDATION: r That the Planning Commission approve the Action Minutes of the Special Meeting held on September 28, 2021, as provided. 3. ADOPTION OF FINDINGS THAT WOULD BE REQUIRED FOR THE PLANNING COMMISSION TO USE A TELECONFERENCING OPTION, AS REQUIRED BY ASSEMBLY BILL 361 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4442 making findings required for the use of teleconferencing as defined and in compliance with Assembly Bill 361 for meetings of the Planning Commission. Higuchi Higuchi asked Mason to pull Item #2 for comment. He commended staff for organizing the walking tour as well as Brian Sjoberg for leading the tour. Higuchi also requested another walking tour be scheduled for the future, possibly a tour of a new development with the developer, along with a possible social hour after the tour at a local establishment. Motion: It was moved by Higuchi, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. !" i_ Agenda—Planning Commission October 12, 2021 —Page 2 of 6 None. PUBLIC HEARING ITEM. REGULAR BUSINESS: F F Received & 4. SUMMARY OF PROJECTS filed. A summary of projects and activities which focuses on the status of projects that the Planning Commission, City Council, or Zoning Administrator approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items which may be of interest to the Commission. 9 RECOMMENDATION: i That the Planning Commission receive and file the report. Maldonado Presentation given. i Mello Mello asked staff for an update on changes made to the Alta Dena Dairy at 1062 Irvine Blvd. He also asked how graffiti is handled if outside of the City's jurisdiction (i.e. Caltrans). Reekstin Per Reekstin, a coffee house plans to move into that location and the historic building will be rehabilitated with minor changes, but the tenant will keep the historic building intact as much as possible. City staff is currently working with the tenant of the project, specifically the drive-thru plans. Maldonado/ In response to Mello's question regarding graffiti, staff works closely with Code Reekstin Enforcement, who would reach out to whichever agency is responsible to remove the graffiti, if it is not within the City's jurisdiction. i Chu Chu asked about the number of graffiti incidents decreasing in May of 2021 as well as the difference in the graffiti chart the Police Department provided earlier; { and how the outdoor dining and services survey will be conducted and for how long. Maldonado Per Maldonado, City staff pulled the graffiti numbers from Code Enforcement's incident records. The Police Department's graffiti chart showed total graffiti incidents per year and the chart within the Summary of Projects report is monthly and includes the year 2021. Regarding the outdoor dining and services survey, staff is currently in the process of drafting actual verbiage that will be in the survey, to be reviewed internally. Once the survey is ready to be released to the public, the survey will be sent via email to the businesses that have participated in the temporary program established to provide outdoor service areas, as well I as other email lists the City has, to publicize the information (English/Spanish materials) in order to create a policy addressing how to proceed with the Agenda—Planning Commission October 12,2021 —Page 3 of 6 Maldonado temporary outdoor commercial spaces approved due to the COVID-19 pandemic. Kozak Kozak commended Maldonado on the information and thorough presentation. He also commended City staff for keeping projects moving, especially during the shutdown. Mason Mason reiterated Kozak's commendation to staff and to Maldonado for the presentation. Motion: The item was received and filed. Received & 5. PRESENTATION ON SENATE BILL NO. 9 AND SENATE BILL NO. 10 filed. On September 16, 2021, Governor Newsom signed into law Senate Bill 9 (SB 9) and Senate Bill 10 (SB10). Both bills are intended to help alleviate the affordable housing crisis by easing land use and California Environmental Quality Act (CEQA) barriers to increase density and streamline the production of multi-family housing development statewide RECOMMENDATION: That the Planning Commission receive and file the report Daudt Presentation given. Higuchi Higuchi asked if the City has received any applications under SB 9. If the City were to receive an application pursuant to SB 9, would the City request the affidavit of owner occupancy or recordation of an owner occupancy covenant? Higuchi also asked if there is an affidavit form offered by the State. Willkom Per Willkom, the City has not received any applications under SB 9. Daudt To answer Higuchi's second part of his question, Daudt stated that the City is precluded from requiring the covenant, but the City is required to ask for the affidavit. To date, Daudt has not seen an affidavit form offered by the State. Mello Mello asked about SB 9 and the urban lots split ministerial process—would that go through the Zoning Administrator or would it simply be an application made to the City? He also asked if both SB 9 and SB 10 would be presented to the City Council in the near future. Willkom In response to Mello's question, Willkom envisions the City will adopt an ordinance covering the process under SB 9, and at that time the City will include who the reasonable body is to approve the lot split, which at this point, is likely the Community Development Director, not the Zoning Administrator or the Planning Commission since it has to be ministerial. SB 9 and SB 10 will be Agenda—Planning Commission October 12, 2021 —Page 4 of 6 Willkom presented to the City Council for direction on whether or not the City would want to adopt SB 10 (optional). SB 9 is a State law and City must follow. Willkom added that an ordinance would have to be created to outline the regulations and process to follow. Chu Chu asked for clarification regarding the ADUs and the JDUs, per SB 10, and the potential of each lot having up to twelve (12) units. Regarding SB 9, she asked why the City is able to change the single-family zoning. Daudt Daudt stated the potential of each lot would be ten (10) plus two (2) ADUs and JDUs per parcel for a total of fourteen (14) units. Per Chu's second question, SB 9 is a State override of any local zoning authority to clearly designate single- family residential areas and in the interest of providing additional housing, by right, the State is requiring that the City allow up to two (2) units per lot in any single-family zone despite our local land use control. Daudt added that the City does not have an option as to whether or not the City would allow that to happen with SB 9, which goes into effect January 1, 2022. In comparison, SB 10 allows the City to make parcel by parcel determinations as to whether or not the City would want to enact a zoning code amendment to allow a higher density. Kozak Kozak asked when the effective date is for SB 9. Daudt Per Daudt, SB 9 goes into effect January 2022. Mason Mason asked for clarification regarding the Senate bill process and if the applicant would still be required to obtain a building permit, an inspection of the project, as well as the Planning Commission process. She asked about the enforcement of the affidavit and if the City could add language to the ordinance regarding owner occupancy. Mason thanked Daudt for a very thorough presentation. Daudt Daudt further explained the concept and the language of the affidavit, which states the intent to occupy the unit, but people's intentions can change. It does not state the residents have to agree to remain in the residence for a certain number of years. Motion: Received and filed. i STAFF CONCERNS: 1 Willkom Willkom informed the Commission of upcoming October events: • Tustin's Art Walk on the 16th from 11 am to 5pm in Old Town. • Old Town Block Party on the 21St from 4pm to 9pm. I • Residential Permit Parking Meeting on the 28th at 6pm via Zoom. I Agenda—Planning Commission October 12, 2021 —Page 5 of 6 COMMISSION CONCERNS: Mello Mello thanked staff for the presentations. Chu Chu thanked staff for the presentations. She enjoyed the walking tour as well. Higuchi Higuchi thanked staff for the Tustin Meadows development history memo. Kozak Kozak thanked staff for the presentations. He also participated in the walking tour. Mason Mason and Kozak rode on the float during the Tustin Tiller Days Parade. Mason mentioned social media misinformation regarding RHNA and asked how we (the City) can help people understand the Senate Bill process in order to avoid any misinformation and to get residents more involved. 7:45 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, October 26, 2021. AMY MASON Chairperson JU&INA L. WILLKOM Planning Commission Secretary Agenda—Planning Commission October 12, 2021 —Page 6 of 6