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Home My WebLink About01 PC DRAFT MINUTES 12-14-21 ITEM #1 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING DECEMBER 14, 2021 6:00 p.m. CALLED TO ORDER. Conducted. INVOCATION: Father Bao Thai, St. Cecilia Church Conducted. PLEDGE OF ALLEGIENCE: Eric Higuchi, Commissioner All present. ROLL CALL: Commissioners Chu, Higuchi, Kozak, Mason, Mello None. PUBLIC INPUT: Approved the CONSENT CALENDAR: Consent Calendar. 1. APPROVAL OF MINUTES — NOVEMBER 23, 2021 RECOMMENDATION: That the Planning Commission approve the Minutes of the November 23, 2021 Planning Commission meeting, as provided. 2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCE FOR MEETINGS In order for the Planning Commission to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Commission to make specific findings at least every thirty (30) days. RECOMMENDATION: Make the following findings by a majority vote of the Planning Commission: a. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic, and continues to be in effect; b. The Commission has reconsidered the circumstances of the state of emergency; and c. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19. Motion: It was moved by Higuchi, seconded by Mello to approve the Consent Calendar. Motion carried 5-0. Minutes—Planning Commission December 14, 2021 —Page 1 of 4 Adopted Reso. 3. DEVELOPMENT AGREEMENT (DA) 2021-0003 (FIRST No. 4443. AMENDMENT TO TUSTIN LEGACY CORNERSTONE I DEVELOPMENT AGREEMENT) APPLICANT: FLIGHT PHASE I OWNER c/o LINCOLN PROPERTY COMPANY 19600 FAIRCHILD, SUITE 300 IRVINE, CA 92612 PROPERTY OWNER: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 LOCATION: 1703— 1775 FLIGHT WAY ENVIRONMENTAL: This project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, proposed Development Agreement (DA) 2021-003 would allow for the modification of certain provisions of DA 2016-0001 (Original DA)which do not impact and has no possibility for causing a significant effect on the environment; therefore, the project is not subject to CEQA. REQUEST: DA 2021-0003 - an amendment to the Tustin Legacy Cornerstone I Development Agreement to allow for termination of Phase 1 and Phase 1 parcel from the Original DA and the modification of Phase 2 provisions. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4443, recommending that the City Council adopt Ordinance 1520, approving DA 2021-0003, the first amendment to the Original DA to terminate Phase 1 and the Phase 1 Parcel from the DA and to modify certain provisions of the Phase 2 development consistent with the 3rd Amendment to the DDA. Demkowicz Presentation given. 6:05 p.m. Mason opened the Public Hearing item. Minutes—Planning Commission December 14, 2021 —Page 2 of 4 Mello Mello noted the DA Amendment (DA 2021-0003) is not an administrative amendment and referenced the Third Amendment to the DDA which reduced the remaining option term and facilitated conveyance of the Flight Phase II in compliance with the State's Surplus Land Act. He asked if that was the reason for the Third Amendment to the DDA or if there was another reason. Daudt In response to Mello's question, Daudt stated that the original DDA had option terms that would total ten (10) years within which the developer could determine whether or not they would acquire and take title to Parcel 2 of the larger development for Phase 11. Because of changes in State law under the Surplus Land Act, the timelines had to be reduced, so rather than a ten (10) year option period, the City was limited to a six (6) year option period to comply with the requirements of the Surplus Land Act. The total period within which the developer could actually take title to Phase II of the project was reduced, which was part of the reason for revising the DDA. Higuchi Higuchi asked Daudt if the item was subject to the new Surplus Land Act even though the deal was consummated prior to the Surplus Land Act language going into effect. He also asked if the developer had submitted a preliminary/development application for Phase II. Daudt The City did have some protections due to an enforceable option agreement in place prior to the Surplus Land Act on how the City disposes of these properties; however, not withstanding that exemption, the City was still bound by a shortened period within which the developer would be required to take title. Demkowicz Demkowicz stated the developer had not submitted a preliminary/development application for Phase II. Chu Chu had previously asked questions of City staff, which were responded to already. 6:16 p.m. Mason asked if the applicant wanted to provide comments. No comments were provided and Mason closed the Public Hearing item. Motion: It was moved by Mello, seconded by Chu, to adopt Resolution No. 4443. Motion carried 5-0. None. REGULAR BUSINESS: STAFF CONCERNS: Willkom Willkom announced the selection of the new Mayor and Mayor Pro Tem - Austin Lumbard and Barry Cooper — Congratulations! She thanked Mayor Clark for her leadership over the past year. Minutes—Planning Commission December 14, 2021 —Page 3 of 4 Higuchi Higuchi attended the State of the City and thanked the Chamber of Commerce. He also thanked Mayor Clark for her service during 2021. Mello Mello also attended the Mayor/Mayor Pro Tem election and he made favorable comments for Mayor Clark, Lumbard and Cooper. Merry Christmas! Chu Chu wished everyone a Merry Christmas and congratulations to the new Mayor and Mayor Pro Tem. Kozak Kozak attended the following: • 12/2: State of the City. • 12/7: 80th Anniversary of the bombing of Pearl Harbor. • 12/9: Tustin Business event at Rock n' Brews. • 12/10: Tustin Annual Christmas Tree Lighting. Kozak also thanked City staff for their hard work and dedication and Merry Christmas to all! Mason Mason also attended the State of the City and she made favorable comments regarding Mayor Clark's Lemonade Stand video. She also thanked Mayor Clark for leading the City during the pandemic. Congratulations to the new Mayor, Austin Lumbard and Mayor Pro Tem, Barry Cooper. Many thanks to City staff and happy holidays to everyone! COMMISSION CONCERNS: 6:22 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, December 28, 2021. Minutes—Planning Commission December 14, 2021 —Page 4 of 4