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HomeMy WebLinkAbout02 DRAFT PC MINUTES 08-09-22Minutes – Planning Commission August 9, 2022 – Page 1 of 5 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING AUGUST 9, 2022 7:00 p.m. CALLED TO ORDER. Given. INVOCATION: Pastor Dane Counts, King’s Way Foursquare Church Given. PLEDGE OF ALLEGIANCE: Steve Kozak, Chair Pro Tem Present. Absent. ROLL CALL: Chair Mello Chair Pro Tem Kozak Commissioners Higuchi, Mason Commissioner Chu had an excused absence. None. PUBLIC INPUT: Hurtado confirmed no public input was received. CONSENT CALENDAR: 1.APPROVAL OF MINUTES – JULY 12, 2022 RECOMMENDATION: That the Planning Commission approve the Minutes of the July 12, 2022Planning Commission meeting, as provided. Daudt Daudt directed the Commission to move the item forward to a future meeting due to absences from Higuchi & Kozak at the July 12, 2022 meeting and Chu’s absence at this evening’s meeting, therefore; lack of quorum. Findings made. 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 tomeet via teleconference during the pandemic, AB 361 requires theCommission to make specific findings at least every thirty (30) days. RECOMMENDATION: Make the following findings by a majority vote of the PlanningCommission: ITEM #2 Minutes – Planning Commission August 9, 2022 – Page 2 of 5 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. Hurtado Hurtado confirmed no public comments received. Motion: It was moved by Mason, seconded by Kozak that findings were made by a majority vote of the Planning Commission. **Motion carried 4-0-1. **Chu had an excused absence. Adopted Reso. No. 4455, as presented. PUBLIC HEARING: 3. CODE AMENDMENT 2022-0004 (ORDINANCE NO. 1528) – DENSITY BONUS ORDINANCE UPDATE SUMMARY: This Project is a City-initiated request to amend Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9 (Land Use) to bring the Tustin City Code (TCC) into conformance with current State Density Bonus Law (Government Code Section 65915-65918). The State Density Bonus Law provides developers with tools to encourage the development of affordable housing by providing additional density above and beyond the Zoning and General Plan density. State Density Bonus Law also provides developers with incentives intended to help make the development of affordable housing economically feasible. Other tools include reduced parking requirements, and incentives/ concessions and waivers of development standards such as reduced setbacks and minimum square footage requirements. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4455, recommending that the City Council adopt Ordinance No. 1528, amending Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9 (Land Use) of the TCC to bring the code into compliance with State Density Bonus Law (Government Code Section 65915-65918). Huitron Presentation given. Higuchi Higuchi asked questions relative to Subsection G - Equity Sharing and market value. Minutes – Planning Commission August 9, 2022 – Page 3 of 5 Huitron Huitron responded to Commissioner Higuchi’s questions regarding equity sharing and market value. Mason Mason asked questions relative to equity sharing, sale of affordable units and when an affordable unit is no longer considered affordable. Huitron Huitron responded to Mason’s questions. Mello Mello asked additional questions relative to the sale of affordable units and equity sharing, history of previous affordable units that have sold, and how city’s share of equity is utilized. Daudt Daudt responded to Mello’s questions. Willkom Willkom provided additional response to Mello’s question relative to previous affordable housing units that have been re-sold. Huitron Huitron provided additional clarifying answers to Mello’s questions. 7:23 p.m. Opened the public hearing. Mr. John Garay Mr. Garay provided comments on parking requirements and concerns he had relative to type of affordable units provided by developers. 7:27 p.m. Closed the public hearing. Higuchi Higuchi asked about allocation of affordable units within a project. Huitron Huitron provided a response to Higuchi’s question. Higuchi Higuchi provided comments on the application of density bonus law, his experience working with density bonus requirements and made clear that the proposed amendments are to comply with State law. Huitron Huitron provided additional explanation on City process on reviewing projects that include affordable units. Mello Mello asked follow up questions regarding the proportionality requirements of affordable units. Huitron Huitron provided a response to Mello’s question. Willkom Willkom provided further clarification to the proportionality requirement of affordable units on project sites. Kozak Kozak asked if there were any applications that are in process or pending that propose affordable units. Minutes – Planning Commission August 9, 2022 – Page 4 of 5 Willkom One of the pending applications is the multi-family residential project at the Tustin Legacy. There is a pending application that will be brought before the Commission and includes a density bonus request. Higuchi Higuchi provided final thoughts on density bonus code and the potential to deed restrict ADUs/JADUs. Huitron Huitron responded to Higuchi that Government Code prohibits cities from requiring a deed restriction on ADUs; however, the City can still continue to require deed restrictions on JADUs. Motion: It was moved by Higuchi, seconded by Mason, to adopt Resolution No. 4455, as presented. Motion carried 4-0-1** REGULAR BUSINESS: Received & filed. 4. LEGISLATIVE UPDATE – AUGUST 2022 Staff will be providing a brief update to the Commission on pending legislation related to Community Development that is being monitored. RECOMMENDATION: That the Planning Commission receive and file the report. Huitron Presentation given. Higuchi Higuchi asked questions relative to advocacy at the County and city level. Huitron Huitron provided a response to Higuchi’s question. Mason Mason asked questions regarding the Council’s lobbying efforts. Huitron Huitron provided an answer to Mason’s questions and provided recent examples of council’s efforts. Motion: Received and filed. STAFF CONCERNS: Willkom Willkom updated the Commission – recently the City Council authorized staff to hire a consultant to look into the DCCSP and the RHASP to reassess the effectiveness of the specific plans (i.e. look into vacant sites, incentives to promote development, any constraints found, etc.). Expecting the consultant to begin work in the next few weeks. Minutes – Planning Commission August 9, 2022 – Page 5 of 5 COMMISSION CONCERNS: Mason Mason mentioned graffiti; a crime in progress; homeless drug activity; toured crisis center; let’s go back out and tour the community (with the Chief of Police, CC, etc.) in order to reconnect with the community. Higuchi Higuchi mentioned his ride-along with TPD years ago; echoed Mason’s comment on the next walking tour. Kozak Kozak attended Tustin Area Community Arts Council’s “Wizard of Oz”. Mello Mello echoed fellow Commissioners comments with the concerns taking place; he thanked Huitron; he asked about the street signs that are no longer posted on Walnut Avenue and Tustin Ranch Road; what does the traffic situation look like at the new Costco – he noticed traffic on El Camino over the weekend; the Red Hill site behind the school – are they under construction or is illegal dumping occurring? Willkom Willkom to ask Public Works about the street signs. The City has received the building permit application. Close to issuing the grading permit and the building permit application is being reviewed. The property owner to be notified of the overgrown vegetation. Higuchi Engaged Tustin is a great application 8:00 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, August 23, 2022.