HomeMy WebLinkAbout03 PC REPORT 2021_22 CLG_2023 HRCA i
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AGENDA REPORT ITEM #3
MEETING DATE: FEBRUARY 28, 2023
TO: PLANNING COMMISSION ACTING AS THE HISTORIC AND
CULTURAL RESOURCES ADVISOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: 2021-2022 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL
REPORT AND 2023 HISTORIC AND CULTURAL RESOURCES
ADVISOR (HRCA) WORK PROGRAM
SUMMARY:
Attached, for the Historic and Cultural Resources Advisor's (HCRA) consideration, is the City of
Tustin's Certified Local Government (CLG) Annual Report for the reporting period October 1,
2021 through September 30, 2022. Following approval by the Planning Commission, acting as
the HCRA, the Annual Report will be transmitted to the City Council to receive and file, and then
to the State Office of Historic Preservation (OHP). In addition, the HCRA will consider the
adoption of an annual work program for 2023 as required pursuant to City Council Resolution
No. 18-78.
RECOMMENDATION:
1. That the Planning Commission, acting as the Historic and Cultural Resources Advisor
(HCRA) approve the 2021-2022 Certified Local Government (CLG) Annual Report
(Attachment A) and direct staff to forward the Annual Report to the City Council as a
receive and file item and to the State OHP.
2. That the Planning Commission, acting as the Historic and Cultural Resources Advisor
(HCRA) to the City Council, adopt the 2023 HCRA Work Program as described in
Resolution No. 4468 (Attachment B).
BACKGROUND:
HCRA
On November 6, 2018, the City Council adopted Resolution No. 18-78 designating the Planning
Commission as the HCRA to the City Council and defined the roles and responsibilities of the
HCRA and established a requirement for an annual work program (Attachment C). In addition,
HCRA, advises the City Council on all matters related to the Cultural Resources (Old Town)
District and serve as a liaison between residents, property owners, and the City Council per
Tustin City Code (TCC) Section 9252(c).
PC Acting as the Historic and Cultural Resources Advisor
2021-2022 Certified Local Government Annual Report and 2023 Work Program
Page 2
CLG Program
The Code of Federal Regulations (CFR) authorizes the National Park Service (NPS) to establish
a mechanism for each state to certify local governments to carry out the purposes of the
National Historic Preservation Act of 1966 (the Act), as amended (36 CFR 61. 6). The 1980
amendment to the Act provided for the establishment of the Certified Local Government
Program to encourage direct participation of local governments in the identification, evaluation,
registration, and preservation of historic properties within their jurisdictions and promote the
integration of local preservation interests and concerns into local planning and decision-making
processes.
In 1991, the City Council adopted Resolution No. 91-3, approving participation in the CLG
program, making Tustin the first city in Orange County to receive CLG status. The cities of
Tustin, Santa Ana and San Clemente are the only three (3) Orange County cities that have
achieved CLG status. To date, there are a total of sixty-nine (69) CLG cities in the California.
The California State Office of Historic Preservation administers the CLG program in conformity
with the Act. The benefits of participating in the CLG program include:
• Access to a variety of technical assistance including training opportunities, resource
assistance, publications and grants, streamlining by adopting the Secretary of Interior's
Standards to allow the use of categorical exemptions under CEQA.
• Indirect economic benefits of commitment to historic preservation including increase in
property values, pride of place and revitalization of historic downtowns, adaptive reuse of
districts and/or buildings resulting in conservation of resources, uses existing
infrastructure, local job generation and purchasing, supports small business
development and heritage tourism, and enhances the quality of life and community
character.
• Eligibility for Federal grants from the Historic Preservation Fund administered by the
OHP (State Office of Historic Preservation).
• Ability to streamline project approval using categorical exemptions by following adopted
National Register/California Register criteria and the Secretary of Interior Standards
under the California Environmental Quality Act (CEQA) and Section 106 of the National
Historic Preservation Act (NHPA).
Participation in the CLG program also means that the City will remain committed to the following
five (5) minimum responsibilities:
1. Enforce state and local laws and regulations for the designated historic properties;
2. Maintain review of a commission with at least five (5) members that have demonstrated
interest, competence, or knowledge in historic preservation that meets at least four (4)
times per year;
3. Maintain a system for the survey and inventory of historic properties;
4. Continue to provide opportunities for public participation; and
5. Satisfactorily perform responsibilities delegated to the CLG by the State.
PC Acting as the Historic and Cultural Resources Advisor
2021-2022 Certified Local Government Annual Report and 2023 Work Program
Page 3
DISCUSSION
CLG Annual Report
Attached, for consideration by the Historic and Cultural Resources Advisor (Planning
Commission's) consideration, is a copy of the City of Tustin's Certified Local Government (CLG)
Annual Report (Attachment A) for the reporting period between October 1, 2021 and September
30, 2022. The Annual Report summarizes the City's historic preservation efforts and describes
how the City met all of the requirements of the CLG program during 2021-2022 reporting period.
Following approval by the Planning Commission, acting as Historic and Cultural Resources
Advisor, the Report will be transmitted first to the City Council to receive and file, and then to the
OHP.
Prior Year(2022) HCRA Work Program Accomplishments
On January 25, 2022, the Planning Commission adopted the 2022 HCRA Work Program as
described in Resolution 4444 (Attachment D). The following provides a summary of the 2022
work program components, accomplishments, and status of each:
2022 Work Program Components and Accomplishments
Program 1: Interactive Map of Historic Resources
Oversee the development of an interactive mobile app and/or map on the City website that would
allow the public to obtain information about historic resources by clicking a button and/ or link. A
photo and the DPR form which lists the significance of the historic resource will be retrievable.
Accomplishments Status
An interactive map was created to map the 330 In-progress, substantially completed.
properties included in the 2021 Citywide Historic Continue program in 2023.
Resources Survey.
Program 2: One (1) Commendation Nomination
The Commendation Program recognizes an Old Town property for its outstanding merit on a
quarterly basis during the last month of each calendar quarter and the owner is provided with a
City-paid plaque.
Accomplishments Status
City staff reached out to the property owner in 2022, The nomination is substantially complete
prepared the staff report with the commendation and and will be finalized by City Council in
submitted a draft order form to the vendor for the early 2023.
bronze plaque for 530 W. Second Street. Continue program in 2023.
PC Acting as the Historic and Cultural Resources Advisor
2021-2022 Certified Local Government Annual Report and 2023 Work Program
Page 4
2022 Work Program Components and Accomplishments
Program 3: Three (3) Historic Register Plaque Program Nominations
Historic plaques are intended to recognize Tustin's historic properties, educate the public, increase
public interest in historic properties, and to promote community pride.
Accomplishments Status
City staff promoted the Plaque Program and worked
closely with three (3) properly owners in 2022 to
ensure their application was in order for participation
in the City's Historic Plaque Program. The goal of
nomination of at least three (3) properties was started
in 2022 and was completed as listed below. 2022 goal completed. To date, a total of
The HCRA approved the following nomination to the sixty-six (66) properties have received
City's Historic Register Plaque Program: Tustin Historic Register plaques.
November, 2022: 225 South A Street (Harbottle Continue program in 2023.
House -1913); 450 West Third Street (Wilson House -
1924)
January, 2023: 530 West Second Street (Satterwhite-
Brown House-1917)
...............................www,............................
Program 4: Initiate a Second Pioneer Bust when a donor or funding is available
Potential cost of the bust may be approximately$25,000.00 - $35,000.00.
Accomplishments Status
The first Pioneer bust of Columbus Tustin was
installed on September 24, 2017, at the corner of Main
Street and EI Camino Real. In that no private donor
came forward to initiate a second (2nd) Pioneer bust, a Modify program for 2023.
second (2nd) Pioneer bust was not initiated.
Program 5: HRCA/Planning Commissioner Training
Pursuant to (CLG) program, all commissioners and staff to the commission are required to attend
at least one (1) training program relevant to your commission each year. No specific number
hours are required and it is up to the CLG to determine the relevancy of the training. More
stringent training requirements were adopted for Tustin, per City Council Resolution No. 18-78
adopted in November 6, 2018.
Accomplishments Status
All five (5) Commissioners met the CLG training
requirements which is to attend at least one (1) Completed.
training per year AND Commissioners that met the
City's requirements, pursuant to City Council Continue program in 2023.
Resolution are listed in the CLG annual report.
PC Acting as the Historic and Cultural Resources Advisor
2021-2022 Certified Local Government Annual Report and 2023 Work Program
Page 5
2022 Work Program Components and Accomplishments
Program 6: Other matters that the City Council or Director may refer to HCRA
Accomplishments Status
March 22, 2022 - HCRA reviewed the 2020-2021 CLG
Annual Report and recommended approval to the City
Council. The report was subsequently transmitted by
staff to the State OHP.
The HCRA is required to transmit an Annual Report to Completed.
the City Council. The report is required to include a
statement of goals and objectives, accomplishments Continue the program in 2023.
and efforts to further the cultural, historical, and
educational well-being of the community. On February
15, 2022, staff provided the City Council with an
Annual Report related to HCRA activities during the
2021 calendar year and the 2022 HCRA Work
Program.
2023 HCRA Work Program
Staff evaluated the 2022 Work Program and proposes the following goals and objectives for the
2023 HCRA Work Program in an effort to further streamline the understanding and
requirements of historic preservation and to promote public awareness and community pride
throughout the City.
2023 HCRA Work Program Goals
Italics—Modified or New Notes
c+r;k gh — Replaced with Alternative Program
1. Interactive Map of Historic Resources - Oversee the
development of an interactive mobile app and/or map Continue program in 2023.
on the City website that would allow the public to
obtain information about historic resources by clicking Substantially completed in 2022 and
a button and/ or link. Photo/DPR form which lists the refinement in-progress in 2023.
significance of the historic resource will be retrievable.
2. Expand content on historic preservation program
webpage (i.e. historic survey, online mapping tool, New Program for 2023
training tools etc.)
3. One (1) Commendation nomination. Continued program.
4. Two (2) Historic Plaque Program nominations. Continued program.
Collaboration with the recently appointed Public Arts Modified Program.
Commission for possible inclusion of historical images
inspiration for future public art.
PC Acting as the Historic and Cultural Resources Advisor
2021-2022 Certified Local Government Annual Report and 2023 Work Program
Page 6
2023 HCRA Work Program Goals
Italics—Modified or New Notes
c+~�k gh— Replaced with Alternative Program
6. Each Commissioner small receive a minimum of six
(6)-hours of training, and one (1) mandatory
introductory training for new Commissioners and one Continued program.
(1) refresher course for more seasoned
Commissioners.
7. Other matters as may be referred to the HCRA by the Continued Program
City Council or the Community Development Director.
HRCA Training
City staff has evaluated previous in-house staff trainings, which have included the following
topics in a single refresher presentation:
• Historical Preservation Background • Certificates of Appropriateness
• Cultural Resources and Cultural . Historical Survey Update and
Overlay District Historical Context Statement
• Mills Act Program • Residential Design Guidelines
• Commendation Program • Commercial Design Guidelines
• Historic Register Plaque Program
In 2023, City staff will provide three (3) separate refresher courses, covering these topics, to
ensure that the HRCA continues to be informed on local historic preservation policies,
procedures, resources, and code requirements. Furthermore, as a reminder to the HRCA, by
City Council Resolution, the HRCA is required to obtain at least six (6) hours of training in
addition to an introductory or refresher training provided by staff. Staff will periodically send out
emails with training opportunities, and it is up to each HRCA member to maintain the required
training hours and report back to staff when it is completed. It is not necessary to complete the
training in one (1) sitting, and it is acceptable to take the training through the remainder of the
CLG reporting period, which ends on September 30, 2023.
CONCLUSION
Staff recommends that the Planning Commission, in its capacity as the HCRA, approve the
2021-2022 CLG Report and adopt Resolution No. 4468, approving the 2023 HCRA Work
Program.
W l 1~04:0M .
Mary Salman Justina ' kom
Assistant Planner Community Development Director
Erica H. Demkowicz, AICP Irma Huitron
Senior Planner Assistant Community Development Director-Planning
PC Acting as the Historic and Cultural Resources Advisor
2021-2022 Certified Local Government Annual Report and 2023 Work Program
Page 7
Attachments:
A. 2021-2022 Certified Local Government (CLG) Annual Report
B. Planning Commission Resolution No. 4468 (2023 HCRA Work Program)
C. City Council Resolution No. 18-78
D. Planning Commission Resolution No. 4444 (2022 HCRA Work Program)
ATTACHMENT A
2021 -2022 CERTIFIED LOCAL GOVERNMENT (CLG)
ANNUAL REPORT
Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
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Name of CLG
-City of Tustin
Report Prepared by: Mary Salman Date of commission/board review: February 28, 2023
MINIMUM REQUIREMENTS FOR CERTIFICATION
I. Enforce Appropriate State or Local Legislation for the Designation and Protection of Historic Properties.
A. Preservation Laws
1. What amendments or revisions, if any, are you considering to the certified ordinance? Please forward drafts or
proposals., either as part of this report or under separate cover. REMINDER:Pursuant to the CLG Agreement, OHP
must have the opportunity to review and comment on ordinance changes prior to adoption. Changes that do not meet the
CLG requirements could affect certification status.
N/A
2. Provide an electronic link to your ordinance or appropriate section(s) of the municipal/zoning code.Type here.
B. New Local Landmark Designations(Comprehensive list of properties/districts designated during the reporting.
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
1. During the reporting period, October 1, 2021 -September 30, 2022,what properties/districts have been locally
designated?
Property Name/Address Date Designated If a district, number of Date Recorded by County
contributors Recorder
N/A
REMINDER:Pursuant to California Government Code§27288.2, "the county recorder shall record a certified resolution establishing
an historical resources designation issued by the State Historical Resources Commission or a local agency, or unit thereof."
2. What properties/districts have been de-designated this past year? For districts, include the total number of resource
contributors?
Property Name/Address Date Removed Reason
N/A
C. Historic Preservation Element/Plan
1. Do you address historic preservation in your general plan? ❑ No
❑Yes, in a separate historic preservation element. ❑x Yes, it is included in another element.
Provide an electronic link to the historic preservation section(s)of the General Plan or to the separate historic preservation
element. hMs://www.tustinca.oralDocumentCenter/View/713/City-of-Tustin-General-Plan-PDF and Tustin Housing Element
Update 2021-2029:https://www.tustinca.org/DocumentCenter/View/8120/Final-2021-2029-Housing-Element?bidld
D. Review Responsibilities
1.Who takes responsibility for design review or Certificates of Appropriateness?
❑All projects subject to design review go the commission.
❑x Some projects are reviewed at the staff level without commission review. What is the threshold between staff-only
review and full-commission review? Some projects are reviewed at the staff level without commission review. Most
design reviews and certificates of appropriateness are conducted at the staff level, and the Community Development
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Director is the approval authority. In addition,the City periodically retains a historic consultant to perform independent
and/or peer reviews. Design reviews of projects within some specific plan areas and projects tied to other discretionary
actions are reviewed by the Planning Commission acting as the City's Cultural and Historic Resources Advisor.A total
of seven (7) Certificates of Appropriateness have been issued during this reporting period at the following
addresses:144 S.A Street,365 W.6 1 Street, 355 EI Camino Real, 235 S. Myrtle Avenue, 525 S. B Street, 315 S.C
Street,and 450 W.Third Street.
2. California Environmental Quality Act
What is the role of historic preservation staff and commission in providing input to CEQA documents prepared for or
by the local government? Staff is actively involved in the CEQA process. City staff provides input to the project
planner on potential CEQA issues concerning historic resources. Input from the Commission is sought and obtained
as appropriate regarding any potentially significant impacts to designated or eligible resources in the City.
What is the role of the staff and commission in reviewing CEQA documents for projects that are proposed within the
jurisdiction of the local government? All CEQA documents are reviewed during the administrative draft stage prior to
releasing the document to the public to ensure that any potential impacts are adequately addressed. Furthermore,
input from the Commission is sought and obtained as appropriate regarding any potentially significant impacts to
designated or eligible resources in the City.
3. Section 106 of the National Historic Preservation Act
• What is the role of the staff and commission in providing input to Section 106 documents prepared for or by; the local
government? The City has not prepared any Section 106 documents at this time.
• What is the role of the staff and commission in reviewing Section 106 documents for projects that are proposed within
the jurisdiction of the local government? No Section 106 documents have been submitted to the City for review at this
time.
II. Establish an Adequate and Qualified Historic Preservation Review Commission by State or Local Legislation.
A. Commission Membership
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Name Professional Discipline Date Appointed Date Term Ends Email Address
Dave Mello, Business Vice President of 4/6/2021 3/1/2025 dmello@tustinca.org
Chairperson Project Management
Group
Steve Kozak, Chair Pro Public Administration 4/16/2021 3/1/2025 skozak@tustinca.orq
Tem
Lisa Chu, Business Taxes 08/20/2019 03/1/2023 Ichu@tustinca.org
Commissioner Administrator
Eric Higuchi, Consultant for Project 4/6/20121 03/01/2025 ehiguchi@tustinca.org
Commissioner Management Services
Amy Mason, Marketing Communications 12/18/2018 03/01/2023 amason@tustinca.orq
Commissioner Executive
Type here. Type here. Type here. Type here. Type here.
Type here. Type here. Type here. Type here. Type here.
Type here. Type here. Type here. Type here. Type here.
Type here. Type here. Type here. Type here. Type here.
Attach resumes and Statement of Professional Qualifications forms for all members.
1. If you do not have two qualified professionals on your commission, explain why the professional qualifications have not been
met and how professional expertise is otherwise being provided. All five (5) Planning Commissioners who served during
the reporting period have demonstrated interest, competence and/or knowledge in historic preservation. All
Commissioners are members of the California Preservation Foundation and Chair Pro Tem Kozak is a long-time
member of the National Trust for Historic Preservation. The Tustin City Council considers professional background
and experience in the areas of architecture, architectural history, etc., when evaluating applications for Commissioner
appointments. Pursuant to City Council Resolution No.2018-78, all Planning Commissioners, acting as Historic and
Cultural Resources Advisors to the City Council, are required to participate in historic preservation training each year
during their terms on the Planning Commission.
2. If all positions are not currently filled,why is there a vacancy, and when will the position be filled? N/A
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
B. Staff to the Commission/CLG staff
1. Is the staff to your commission the same as your CLG coordinator? ❑x Yes ❑ No If not,who serves as staff?Click or
tap here to enter text.
2. If the position(s) is not currently filled,why is there a vacancy? N/A
Attach resumes and Statement of Professional Qualifications forms for staff.
Name/Title Discipline Dept.Affiliation Email Address
Justina L.Willkom, Urban and Regional Planning Community Development jwillkom@tustinca.org
Community Development Department
Director
Irma Huitron,Assistant Urban Studies and Planning Community Development ihuitron@tustinca.org
Community Development Urban Regional Planning Department—Historic
Director Master's Thesis in Historic Preservation
Preservation
Erica Demkowicz, Senior Urban and Regional Planning Community Development edemkowicz@tustinca.org
Planner,AICP Department—Historic
Preservation
Mary Salman,Assistant Public Policy and Administration Community Development msalman@tustinca.orq
Planner Urban and Regional Planning Department—Historic
Preservation
Scott Reekstin, Urban and Regional Planning
Principal Planner Community Development
Department—Historic (Scott and Elaine-retired)
Elaine Dove, Senior Planner Urban and Regional Planning Preservation
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
C. Attendance Record
Please complete attendance chart for each commissioner and staff member. Commissions are required to meet four times a
year,at a minimum. If you haven't met at least four times, explain why not.
Commissioner/Staff Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugSe
Dave Mello 0 0 0 0 0 0 0 0 0 0 0 0
Steve Kozak o 0 0 0 0 0 0 0 0 ❑ o 0
Lisa Chu o 0 0 0 0 0 0 0 0 0 0 0
Eric Higuchi o 0 0 0 0 0 0 0 0 ❑ o 0
Amy Mason o 0 0 0 0 0 0 0 0 0 0 0
Justina L.Willkom o 0 0 0 0 0 0 0 0 0 0 0
Irma Huitron o o ❑ o 0 0 0 0 0 0 0 0
Erica Demkowicz ❑ ❑ ❑x ❑ ❑x ❑ ❑ ❑ ❑ ❑ ❑ ❑
Mary Salman ❑ ❑ ❑ ❑ o o ❑ ❑ ❑ ❑ ❑ ❑
Scott Reekstin(Retired in o 0 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑
3/2022)
Elaine Dove(Retired in ❑x ❑x ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
12/2021)
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
D. Training Received
Indicate what training each commissioner and staff member has received. Remember it is a CLG requirement that all
commissioners and staff to the commission attend at least one training program relevant to your commission each year. It is
up to the CLG to determine the relevancy of the training.
Commissioner/Staff Training Title&Description Duration of Training Training Provider Date
Name (including method *within CLG
presentation,e.g.,webinar, Reporting Period
workshop) **in the 2022
calendar year
David Mello, Historic and Home Safe Home: Seismic 2.0 California Preservation 6/23/22*
Cultural Resources Safety Homes(Workshop#1- Foundation
Advisor(Planning What Makes My Home
Commission) Historic)
Total in Calendar Year Historic Sites and
2022: 7.5 hrs. Revitalization:A Toolkit(Part 1.5 California Preservation
1: Impact and Value of Historic Foundation 9/27/22'
Places)
Historic Sites and
Revitalization (Part 2: 1.5 California Preservation
Financial Incentives for Foundation 9/29/22*
Historic Places)
Old Town Walking Tour 1.5 City Staff
10/11/22**
Historic Plaque Program-
Nominations 1.0 City Staff 11/5/22**
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Eric Higuchi, Historic and CEQA In Three Parts: Digging 4.0 California Preservation 7/07/22*
Cultural Resources Intro Land Use Law and Foundation
Advisor(Planning Historic Preservation
Commission)
CEQA in Three Parts: Digging 3.0 California Preservation 7/14/22*
Total in Calendar Year Intro Land Use Law and Foundation
2022: 14.5 hrs. Historic Preservation Part 2:
Preservation Law and
Planning
CEQA in Three Parts: Digging 3.0 California Preservation 7/22/22*
Intro Land Use Law and Foundation
Historic Preservation Part 3:
Legal Challenges to
Preservation
Framework: Ordinances, 2.0 California Preservation 9/22/22*
Forming a CLG, CEQA,and Foundation
the SOI Standards I Recorded
Program-2 Hours
Old Town Walking Tour 1.5 10/11/22**
City Staff
11/5/22**
Historic Plaque Program— 1.0 City Staff
Nominations
Amy Mason, Historic and Julia Morgan's California 1.0 California Preservation 4/19/22*
Cultural Resources Foundation
Advisor(Planning Seismic Safety and
Commission) Rehabilitating Historic Homes 2.0 California Preservation 6/23/22*
Historic Preservation Foundation
Total in Calendar Year Bootcamp for Local
2022: 10.5 Government. (Part 1:
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Ordinances, Forming a CLG, 2.0 California Preservation 9/22/22'
CEQA, and SOI Standards) Foundation
Historic Sites and 1.5 California Preservation 9/27/22'
Revitalization:A Toolkit Pt. 1 Foundation
Impact and Value of Historic
Places
Historic Sites and 1.5 California Preservation 9/29/22*
Revitalization: Pt. 2 Financial Foundation
Incentives for Historic Places
Old Town Walking Tour 1.5 City Staff 10/11/22**
Historic Plaque Program— 1.0 City Staff 11/5/22**
Nominations
Lisa Chu, Historic and Home Safe Home: Seismic 2.0 California Preservation 6/23/22*
Cultural Resources Safety Homes(Workshop#1- Foundation
Advisor(Planning What Makes My Home
Commission) Historic)
Total in Calendar Year Historic Sites and 1.5 California Preservation 9/27/22*
2022: 7.0 Revitalization:A Toolkit(Part Foundation
1: Impact and Value of Historic
Places)
Old Town Walking Tour 1.5 City Staff 10/11/22**
Historic Plaque Program—
Nominations 1.0 City Staff 11/5/22**
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Steve Kozak, Historic and Introduction to Landscaping 1.5 California Preservation 11/1/21*
Cultural Resources Foundation
Advisor(Planning
Commission)
Old Town Walking Tour 1.5 City Staff 10/11/22**
Total in Calendar Year
2022: 4.0 hrs.
Historic Plaque Program— 1.0 City Staff 11/5/22**
Nominations
Erica Demkowicz, Senior Historic Preservation 2.0 California Preservation 9/22/22*
Planner,AICP Bootcamp for Local Foundation
Government. (Part 1:
Total in Calendar Year Ordinances, Forming a CLG,
2022: 10.5 hrs. CEQA, and SOI Standards)
Old Town Walking Tour 1.5 City Staff 10/11/22**
Historic Plaque Program— 1.0 City Staff 11/5/22**
Nominations
State Historic Building Code 1.0 California Preservation 11/3/22**
with Alan Dreyfuss(Part III of Foundation
Historic Preservation
Bootcamp for Local
Government- Essential
Training)
Historic Preservation 3.0 California Preservation 11/10/22**
Bootcamp for Local Foundation
Governments: Part 2
Finances: Mills Act,Tax
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Credits,and California
Historical Building Code. California Preservation
1.0 Foundation 12/13/22**
Enlightenment, Illusion,and
Inspiration: A Three-part CPF
Holiday Series on Renewal-
Part 1 California Preservation 12/15/22*
1.0 Foundation
Enlightenment, Illusion,and
Inspiration: A Three-part CPF
Holiday Series on Renewal-
Part 2
Mary Salman,Assistant Historic Preservation 2.0 California Preservation 9/22/22*
Planner Bootcamp for Local Foundation
Total in Calendar Year Government. (Part 1:
2022: 11.5 hrs. Ordinances, Forming a CLG,
CEQA, and SOI Standards)
Old Town Walking Tour 1.5 City Staff 10/11/22**
Common Ground; Multi 1.0 California Preservation 11/1/22**
Housing in Los Angeles Foundation
Historic Preservation 3.0 California Preservation 11/3/22**
Bootcamp for Local Foundation
Governments: Part 2
Finances: Mills Act,Tax
Credits,and California
Historical Building Code
Historic Preservation 1.0 California Preservation 11/22/22**
Bootcamp for Local Foundation
Governments: Essential
Training in Part 3
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Historic Plaque Program— 1.0 City Staff 11/5/22**
Nominations
Enlightenment, Illusion,and 1.0 California Preservation 12/13/22**
Inspiration: A Three-part CPF Foundation
Holiday Series on Renewal-
Part 1
Enlightenment, Illusion,and 1.0 California Preservation 12/15/22**
Inspiration: A Three-part CPF Foundation
Holiday Series on Renewal-
Part 2
Irma Huitron,Assistant Old Town Walking Tour 1.5 City Staff 10/11/22*
Director of Community
Development—Planning Module 1 -Introduction to the 1.0
Secretary of the Interior's Office of Historic 10/12/22**
Total in Calendar Year Standards for the Treatment of Preservation
2022: 12.5 hrs. Historic Properties;
Module 2- Understanding the
Four Treatments for Historic
Properties;
Module 3-Interpretation and
Application of the Standards
for Rehabilitation
Common Ground, Multi 1.0 California Preservation 11/1/22**
Housing in Los Angeles Foundation
Historic Plaque Program- 1.0 City Staff 11/5/22**
Nominations
Advocacy for Preservation, 8.0 Past Forward November 2-5,
Intro to Preservation Law, Conference-National 2021*
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Replacement Windows for Trust for Historic
Historic Buildings. Preservation
Justina Willkom, Director Old Town Walking Tour 1.5 City Staff 10/11/22**
of Community
Development State Historic Building Code 1.0
with Alan Dreyfuss(Part III of California Preservation 11/3/22**
Total in Calendar Year Historic Preservation Foundation
2022: 10 hrs. Bootcamp for Local
Government- Essential
Training)
Historic Preservation 3.0 California Preservation 11/10/22**
Bootcamp for Local Foundation
Governments: Part 2
Finances: Mills Act,Tax
Credits,and California
Historical Building Code.
City Staff 11/5/22**
Historic Plaque Program- 1.0
Nominations
Enlivening Historic Site in 1.0 California Preservation 12/6/22**
Holiday Light Foundation
Art and Illusion,Architecture 1.5 California Preservation 12/13/22**
and Stagecraft Foundation
An Inspiring Peek at Renewed 1.0 California Preservation 12/15/22**
Religious Studies Foundation
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
III.Maintain a System for the Survey and Inventory of Properties that Furthers the Purposes of the National Historic
Preservation Act
A. Historical Contexts: initiated,researched,or developed in the reporting year (excluding those funded by OHP)
NOTE: California CLG procedures require CLGs to submit survey results, including historic contexts,to OHP. (If you have not
done so, submit an electronic copy or link if available online with this report.)
Context Name Description How it is Being Used Date Submitted to
OHP
Historical Background (The Analyzes the historic contexts and Tustin's built environment 12/20/2021
Tustin Area, pre-1870); themes from pre-1870 through 1976 represents an array of
Establishment and Early and more specifically: 1)The Tustin architectural types and styles that
Development of Tustin City Area, pre-1870; (2) Establishment and represent different periods in the
1870-1913,Tustin Becomes early development, 1870-1913; (3) City's development. Together,
a City, 1914-1945, Postwar Tustin becomes a City, 1914-1945; (4) these various architectural styles
Development in Tustin, Postwar development in Tustin, 1946- provide Tustin with distinctive
1946-1976,and Architecture 1976; and (5)Architecture and Design, qualities and help to define the
and Design, 1870-1976 1870-1976. community's character. The
Historic Context Statement is
used as the basis for the City's
Historic Survey Update and
provides historical information
about Tustin to the general public.
B. New Surveys or Survey Updates(excluding those funded by OHP)
NOTE: The evaluation of a single property is not a survey. Also, material changes to a property that is included in a survey,
is not a change to the survey and should not be reported here.
Survey Area Context Level: Acreage #of Date Date
Based- Reconnaissance Properties Completed Submitted to
es/no or Intensive Surveyed OHP
Street by Street Survey Yes Both City-wide 330 August 10, 12/20/2021
2021
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
How are you using the survey data? City staff uses the surveys to review applications for permits and development projects,
prepare certificates of appropriateness and guide applicants on how to comply with Secretary of Interior Standards and local
design guidelines.The surveys are located on the City of Tustin website at the following link.
IV. Provide for Adequate Public Participation in the Local Historic Preservation Program
A. Public Education
What public outreach,training,or publications programs has the CLG undertaken? How were the commissioners and staff
involved? Please provide an electronic link to all publications or other products not previously provided to OHP.
Item or Event Description Date
Old Town Art Walk Plein art competition and Old Town Tours,sponsored jointly by City staff began
the City of Tustin,Tustin Area Council for Fine Arts,Tustin Area planning for this
Historical Society,Tustin Preservation Conservancy,and OC event in the
participate/attend the event. Summer of 2021
and this event took
place on October
15, 2022.
Tustin Street Fair in Old Town Tustin Street fair highlights local vendors and attracts up to and over 30 Ongoing.
thousand visitors in one weekend to Old Town Tustin. June 5,2022
Old Town Tustin Architectural History and An indoor presentation of architectural styles in Old Town Tustin Ongoing.
Walking Tour and a one-hour walking tour.Commissioners and/or staff may September 28,
participate/attend the event. 2021.
Citizen's Academy Old Town Tustin History and Historic Preservation by Tustin City Cancelled due to
Staff. Staff provides two(2)presentations regarding Tustin's Covid 19. However,
history and historic preservation in the City. in late 2022 staff
began planning for
the class of 2023.
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Item or Event Description Date
Old Town Historic Register Plaque and Plaque Nomination and Commendation programs by City Staff in Ongoing.
Commendation Program&Collaboration coordination with the Tustin Preservation Conservancy,and Input received on
with local preservation groups Tustin Area Historical Society/Museum.A tri-fold color brochure Mills Act
that describes the City's historic preservation programs and Application, Plaque
names and locations of featured sites and buildings listed on the Nominations,and
Tustin Historic Register. Staff provides a presentation with for coordination on
historical background for Plaque Nominations and walking tour that
Commendations to the Historic Cultural Resources Advisor took place on
(Planning Commission). October 11, 2022.
Old Town Tustin Shopping, Dining and A tri-fold brochure that highlights community events and the Ongoing.
Event Guide names and locations of retail, service and dining establishments The website and
in Old Town Tustin.The Guide is available at City Hall, on the the City mobile
City's website,and is displayed in the City's Old Town Kiosk on application"Engage
the northeast corner of Main Street and EI Camino Real. Tustin"was recently
Commissioners receive information in the form of The Year in updated in January,
Review from staff. Community Development Department staff 2022
regularly update the guide.
Tree Lighting in Old Town Tree lighting ceremony in Old Town Tustin. Ongoing in the
Commissioners may participate by attending events or visiting Month of
local businesses in the evening. December.Tree
lighting ceremony in
December, 2021.
Materials that highlight the Mills Act benefits,eligibility and Ongoing. City staff
Mills Act Program Materials process for homeowners to apply for the Mills Act program.The is updating the
City website contains an informational flyer,application and online application
additional information about the Mills Act. Staff provides a report and brochure.
to the Commission as to the City Council decisions on Mills Act
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
Item or Event Description Date
applications.
City of Tustin Website The City of Tustin website hosts dedicated pages for historic Ongoing
preservation in Tustin.
https://www.tustinca.org/1026/Programs;
(including Mills Act, Historic Register Plaques and Tustin Pioneer
Program); https://www.tustinca.org/1039/Resources(including
Residential and Commercial Design Guidelines,Tustin City Code
Section 9252 Cultural Resources District, Secretary of Interiors
standards for the Treatment of Historical Properties; 1990 and
2003 Historic Resources Survey and links to the Tustin
Preservation Conservancy(http://www.tustinconservancy.org/)
and the Tustin Ara Historical Society
(http://www.tustinhistory.com/). Staff updates the city website as
needed.
Old Town Tustin Tour of Historic Homes The Tustin Historical Society held an annual tour of historic September 24,
and Gardens homes and gardens throughout Old Town Tustin.The event 2022.
includes live entertainment,vendors,and motorized and horse
drawn trolley service will be available for attendants.
Old Town Tustin Walking Tour
A walking tour where the commissioner, staff and the public City Staff began the
learned about early Tustin History and architectural styles. coordination of this
event with the
Tustin Preservation
Conservancy in the
Summer of 2021.
This event took
place in October
11, 2022.
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
ADDITIONAL INFORMATION FOR NATIONAL PARK SERVICE ANNUAL PRODUCTS REPORTS FOR CLGS
NOTE: OHP will forward this information to NPS on your behalf.CLG Inventory Program
During the reporting period (October 1, 2021-September 30, 2021) how many historic properties did your local government
add to the CLG inventory? This is the total number of historic properties and contributors to districts(or your best estimate of
the number)added to your inventory from all programs, local, state,and Federal, during the reporting year.These might
include National Register, California Register, California Historic Landmarks, locally funded surveys, CLG surveys,and local
designations.
Program area Number of Properties added
Locally funded survey. 330 properties were surveyed in the 2021
survey.
A. Local Register(i.e., Local Landmarks and Historic Districts) Program
1. During the reporting period (October 1, 2021-September 30, 2022)did you have a local register program to create
local landmarks and/or local districts(or a similar list of designations)created by local law? ❑x Yes ❑ No
2. If the answer is yes,then how many properties have been added to your register or designated from October 1, 2021
to September 30, 2022? None
C. Local Tax Incentives Program
1. During the reporting period(October 1, 2021-September 30, 2022)did you have a Local Tax Incentives Program, such
as the Mills Act? ❑x Yes ❑ No
2. If the answer is yes, how many properties have been added to this program from October 1, 2021 to September 30,
2022? Click or tap here to enter text.
Name of Program Number of Properties Added During Total Number of Properties Benefiting
2021-2022 From Program
Tustin Mills Act Two(2) Twenty-nine(29)as of September 30,
Program 2022.
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Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
D. Local"bricks and mortar"grants/loan program
1. During the reporting period (October 1, 2021-September 30, 2022)did you have a local government historic
preservation grant and/or loan program for rehabilitating/restoring historic properties? ❑Yes ❑x No
2. If the answer is yes,then how many properties have been assisted under the program(s)from October 1, 2021 to
September 30, 2022? N/A
Name of Program Number of Properties that have Benefited
N/A N/A
E. Design Review/Local Regulatory Program
1. During the reporting period(October 1, 2021-September 30, 2022)did your local government have a historic
preservation regulatory law(s) (e.g.,an ordinance)authorizing Commission and/or staff review of local government
projects or impacts on historic properties? ❑ Yes ❑x No
2. If the answer is yes, how many historic properties did your local government review for compliance with your local
government's historic preservation regulatory law(s)from October 1, 2020 to September 30, 2021? Type here.
F. Local Property Acquisition Program
1. During the reporting period (October 1,2021--September 30, 2022)did you have a local program to acquire(or help to
acquire) historic properties in whole or in part through purchase,donation,or other means? ❑Yes ❑x No
2. If the answer is yes,then how many properties have been assisted under the program(s)from October 1, 2021 to
September 30, 2022 ee here.
Name of Program Number of Properties that have Benefited
N/A Type here.
19
Certified Local Government Program -- 2021-2022 Annual Report
(Reporting period is from October 1, 2021 through September 30, 2022)
IN ADDITION TO THE MINIMUM CLG REQUIREMENTS, OHP IS INTERESTED IN YOUR FEEDBACK ABOUT THE RECENT
CAMP TRAINING
1. Did anyone from your local government participate in the free CAMP training opportunities in Fall 2021?No
2. Whether or not you were able to take advantage of any of the CAMP trainings in 2021,would you like to see OHP to provide
free additional CAMPS in the future?Yes
3. What are your top three topics for future training?Landscaping Guidelines for Historic Residential and Commercial
Properties, Design Guidelines of Historic Residential Homes with new Accessory Dwelling Units,and Historic Homes.
XII Attachments(electronic)
❑x Resumes and Statement of Qualifications forms for all commission members/alternatives and staff
❑x Minutes from commission meetings
❑ Drafts of proposed changes to the ordinance
❑ Drafts of proposed changes to the General Plan
❑ Public outreach publications
Email to: info.calshpo@parks.ca.gov
20
i
AMY KAVANAUGH MASON
OVERVIEW
Strategic,entrepreneurial and hands-on marketing and communications executive with more two decades of agency and in-house
experience building and guiding engagement teams for global consumer and technology brands,A trusted advisor to C-sulte
executives and brand leaders,led internal and external communications for several high-profile brand turnarounds, Proven
expertise in developing Integrated marketing strategies and initiatives that drive sales,brand equity and growth, Leader of more
than 1.50+high profile,Insights driven and award winning product launches and service offerings for a variety of brands and
organizations including Apple,Dine Brands,Microsoft(MSN), Netflix,The GRAMMY'S,the Motion Picture Association(MPA),
Starbucks and Taco Hell Corp.Expertise In reputation management,narrative development and brand storytelling;developing and
executing executive thought leadership platforms;digital,social and traditional media engagement;internal and external
stakeholder and Influencer relations; Issues mitigation and crisis management.
FORT ASHFORD FUNDS,LLC ( Newport Beach,CA
Venture Capital&Private Equity
Managing Director-Restaurants,Retail and Technology 1212019 to Present
Strategic advisor and interim leadership for portfolio companies.
DINE BRANDS GLOBAL,INC I Glendale,CA
The largest full-service restaurant camp any in the world;parent company of IHOP and Applebee's
SVP Global Communications:CMO international 712016 to 1112019
Recruited by CEO to help rebuild brand reputation and increase overall brand Insights and advocacy for IHOP and Applebee's
restaurants around the world.Lead corporate affairs;research and Insights via the Dine Research Institute;guest relations;brand
communications;executive thought leadership;media relations;employee,team member and franchisee engagement.Primary lead
of cross-functional teams that oversee crisis and Issues mitigation,events,community affairs,and sustainability.Chief Marketing
Officer of International reframing and relaunching brands in key markets.
TACO BELL CORP, ) YUM BRANDS ( Irvine,CA
$99 global quick service restaurant with mare 7000 restaurants around the world
Chief Public Affairs Officer 612013 to 712016
Executive Director, Taco Bell Foundation 112012 to 612016
Vice President,Public Affairs and Brand Engagement 612011 to 512013
Recruited by CEO as key member of the executive team responsible for building brand reputation and Increasing overall brand
advocacy.Reallocated existing resources to build integrated internal and external communications and public affairs teams to
protect,promote and defend Taco Bell.Leading corporate affairs;brand communications;executive thought leadership;social and
traditional media relations;team member engagement.Primary lead of cross-functional teams that oversee crisis and issues
mitigation,events, community affairs,sustainability and ongoing purpose driven work,Highlights include;
• Increased communications transparency,authenticity and relevance new approach to listening and engaging with stakeholders
via digital,social, mobile and traditional channels;launched the Taco Bell Newsroom made up of nearly 40+cross functional
content creators developing real-time brand content and story-telling.
• Developed and executed 50+break though and award winning integrated communications campaigns Including 501a
Anniversary, Dorltos Locos Tacos,Cantina Bell, Breakfast,Mobile Ordering/Payment,Live Mas Scholarships,ingredient
transparency,Cage-free eggs, among others supporting 5 straight years of same store sales and transaction growth.
• Led numerous public relations firsts in area of social engagement,leveraging emerging channels(eg Twitter,Periscope and
Snapchat)as a means of driving visibility and recognition for marketing innovation.
• Visibility and outreach resulted in numerous awards for the brand including AdAge Marketer of Year(2013),Hottest Digital
Marketer(2013,2015),3 Cannes Lions recognizing Public Relations,and Fast Company 10 Moil Inagyallyg Co les.
• Initiated and extended ongoing engagement with key regulators(CDC, FDA,local health departments), policy makers(White
House,Capitol Hill),and advocacy groups(CSPI,Humane Society,etc.)
• Expanded Taco Bell Foundation fundralsing from$AMM to$1.4MM a year to become one of the largest teen focused 501c3s.
EDELMAN ( Los Angeles I Seattle I London I Singapore
World's leading Independent communications marketing firm
Public Engagement Co-Chair;EVP, Global Client Relationship Manager,Starbucks 612005 to 512011
SVPIEVP, Digital,Entertainment,Rights& Technology 812001 to 112005
Served In a variety of senior roles at Edelman,the world's largest communications marketing firm,leading several high-profile B28
and 82C brand reputation campaigns and crisis engagements.Highlights include:
+ Tapped by Edelman CEO as one of 6 founding Global Client Relationship Managers(GCRM)to serve as senior counsel to
Starbucks leadership team from 2405 to 2011 and expanded the firms reach and Influence from two U5 offices to becoming the
global Agency of Record and overseeing the work of 100+professionals,in over twenty-two Edelman offices around the world.
• Primary and day to day agency counsel to CEO Howard Schultz and Starbucks leadership team during execution of
transformation agenda from 2007-2011;Strategic corporate and consumer branding counsel,financial communications counsel,
executive thought leadership,employee engagement;traditional,social and digital media and influencer engagement;new
market entry planning and research;Issues and crisis mitigation;and event management across the Americas,Asla Pacific,
Europe,the Middle East and Africa.
• Envision/manage Digital Entertainment, Rights and Technology practice(headquartered out of Los Angeles office,with -
expanded practice areas In London,NYC,Seattle and DC)P&L;capitalize on the proliferation of consumer technology,the
accessibility of the web,growing demand for entertainment content and the emergence of social media platforms,
• An integral part of the development and execution of; MySpace Initial corporate narrative,working with Chris De.Wolfe and Tom
Anderson through rise and acquisition by News Corp.;motion picture industry's anti-piracy efforts(Rated I for Illegal)and
member of communications counsel to MPA president Jack Valenti.
OHGOLLY.COM I HIGHTOWER TECHNOLOGY i Newport Beach,CA
industry's leading provider of e-commerce enabled,click and build websites for small and medium business
Co-founder/Vice President of Marketing 1999.2001
Acquired,repositioned and relaunched this click and build website in 1999 to become the leading eCommerce solution for small
businesses.
GEMPLUS(Now GEMALTO) I Redwood City,CA
Industry's leading provider of e-commerce enabled,click and build websites for small and medium business
Director,Global Marketing and Communications 1997-1999
Recruited by CEO to Join leadership team and help build awareness and understanding for smart card technology In the US and
emerging markets;team efforts resulted In building a$150M business in 2 years and focused on the convergence between smart
cards,the Internet,cellular telephony,network security,portable software applications and mobile payment.A division of Gemplus
SCA,now Gemalto$213),the world leader in smart cards.
SHANDWICK-GsOLIN HARRIS-HI-TECH PR(Now GOLIN) ( San Francisco ( Boston J Sydney
Vice President,Technology Accounts 1996-1997
APPLE ( Cupertino,CA
Power Macintosh Public Relations 1994-1996
EDUCATION
BACHELOR OF ARTS UNIVERSITY OF CALIFORNIA, SANTA BARBARA
Major.Communications Studies
Additional Experience:
Tustin City Planning Commission--March 2016-Present
Member Board of Directors at DlscoveryCube Orange County-2012-Present
National Board of Trustees at Boys and Girls Clubs of America 2013—2017
Schultz Foundation 100,000 Opportunities Initiative,Strategic Oversight Committee,August 2015 to 2017
(http://www.100kopportunitles.org/Volunteer Experience)
40
2
Stephen K Kozak,Jr.
PROFESSIONAL EXPERIENCE AND ACCOMPLISHMEN'T'S
2017-2020 Legislative&PolicyAnalysr, Orange CountyPuhlic Works Agency
• Monitor,research,analyze,and interpret proposed state and federal legislative,regulatory,and
fiscal bills and activities for potential financial and operational impacts on the Agency.
Prepare and present accurate and timely reports and recommendations on pending legislative
and policy issues and proposals to executive management.
Management Consultant,Kozak Consulting Group
2015-2017 Provide strategic,management, and financial consulting senaces to government and
non-profit agencies,including analysis of methods and practices,project planning,
policies&procedures,budgeting and business plans, and administrative and operational
improvements.
Administrative Services Officer,Family Assistance Ministries
2014-2015 Planned and directed administrative and financial support operations,including budget
planning and reporting,regulatory compliance, and audit coordination for a homeless
and hunger prevention non-profit agency with a 26 bed women's transitional shelter,
and food pantnq serving 3,600 clients each month in south Orange County.
Financial&IT Services Director,Municipal WarerDisrrict of Orange County
2012-2013 ■ Provided strategic leadership in developing, implementing, and sustaining best financial and
business management practices including managing a$144 million annual operating budget and
a$14 million fixed income investment program.
■ Planned, organized, and directed full service finance aid accounting department, including
budget administration,investment management,banking and treasury operations,procurement
and contracts,and IT systems and user support.
2006-2012 ChiefAdmiaistrative Officer, Childfseu&Families Commission of Orange County
■ Planned,organized,and directed administrative service support including program development
and evaluation,financial, accounting aid audit functions,contract administration, IT systems,
procurement,and scheduling of administrative and internal support services.
■ Managed a $46 million annual operating budget and a $120 million fixed income investment
program,including portfolio benchmark performance evaluation and reporting.
■ Prepared and managed strategic plans, annual business plans and budgets, along with KPI
performance measurement,monitoring,and reporting.
2005-2006 Controller,LosAngeles County Superior Court
r Directed a comprehensive program of financial management, accounting operations, and
revenue functions,including administration of the Court's$665 million annual operating budget,
budget v. actual monitoring and reporting,revenue and eApenditure forecasting, annual audit,
administration of grunts totaling$14 million,procurement,and collections.
r Planned and directecl development and implementation of a new revenue collection,allocation,
accounting,and reporting structure for civil court fees totaling$12 million annually.
Stephen K Kozak,Jr.
PROFESSIONAL EXPERIENCE AND ACCOMPLISHMENTS (CONTINUED)
2000-2005 Financial Manager,Budget,Debt& Treasury,Los Angeles WorldAirports
■ Directed the Financial Planning Division, including Budget, Rates, Fees & Charges, FAA
Grant Programs,and Debt&Treasury Management activities.
■ Established and managed LAWNs $300 million Commercial Paper (CP) capital
improvement projects financing program.
■ Planned,organized,and managed preparation,monitoring,and reporting for a$465 million
Annual Operating Budget,and a$950 million Multi-Year Capital Projects Budget.
1994-2000 Financial Manager,Finance&Risk Management, Orange County Sanitation District
• Planned and directed $440 million fixed and variable rate Certificates of Participation
(COP) financing program for capital projects,including refunding,and new money
issues.
■ Controlled insurance and risk management programs for an asset base valued at$1.5 billion.
■ Initiated,implemented, and managed new$350 million fixed income investment program
and treasury operations function.
ADDITIONAL EXPERIENCE
■ Planning Commissioner,City of Tustin,2006-Present
■ Citizens Advisory Committee,OCTA,2016-Present
r Successor Agency Board,City of Tustin,2016-Present
■ Board Member,CSDA Finance Corporation,2012-2013
■ Board Member,Tustin Community Foundation,2010-Present
■ Tustin Police Department Citizen Academy Class No. 30,2010
EDUCATION
■ M.B.A.,California State University,Fullerton
■ M.P.A,,University of California,Riverside
■ B.A.,Political Science,California State Polytechnic University,Pomona
■ Community College Instructor Credential,Public Services&Administration
■ Certified California Municipal Treasurer,(CCMT),Cal Municipal Treasurers Association
i
i
LISA CHU
SUMMARY OF QUALIFICATIONS:
• More than 15 years of managerial/supervisory experiences.
• Wide range of knowledge on practical areas of business operations.
• Strong initiative in decision-making and assumption of responsibilities.
MANAGERIAL/SUPERVISORY EXPERIENCES:
Business Taxes Administrator,July 2014—present
CA DEPARTMENT OF TAX AND FEE ADMINISTRATION, Irvine, CA
Oversee cashiering functions including arranging confidential payment appointments
with certain taxpayers. Manage and direct staff to provide various types of services
such as advisory services, assistance in return preparation, permit registration,
collection issues, etc. Direct staff to conduct investigations, review financial
documents, and make recommendations to meet compliance goals. Motivate, train,
develop and monitor staff performance.
Note: Prior positions within the same organization include Business Taxes
Compliance Specialist, June 2009 - June 2014, Business Taxes Representative, April
2006—May 2009
Administrator, February 2004—April 2006
ANAHEIM HILLS ACADEMY, Anaheim, CA
Manage all organizational activities for an after-school tutoring center; duties
include recruiting business partners, obtaining working capital, financing
responsibilities, business development, personnel management, customer service,
etc.; devise and implement a marketing strategy; responsible for recruiting,
motivating, training and monitoring staff; responsible for addressing to the
customers'concerns.
Service Manager,August 2001—November 2002
WELLS FARGO BANK, Laguna Niguel, CA
Manage the teller services function to ensure prompt and efficient transaction
processing as well as the generation of sales through quality referrals; manage and
direct workflow to ensure maximum efficiency; establish sales referral and service
goals; train and coach a successful service and referral team, responsible for staff
efficiency to maximize resources and achieve service and sales goals; ensure
compliance with audit and operational regulations and guidelines.
Lisa Chu,p.2
Operations Supervisor, May 2000—August 2001
WASHINGTON MUTUAL BANK, Irvine, CA
Responsible for resolving customer service issues and operations related problems;
ensure compliance with Bank policy and government regulations by performing
internal control certifications/audits; provide teller transaction approvals and
overrides;provide back-up support to Teller staff as needed; train and evaluate staff;
administer corrective actions;adjust staff lunch/break schedules to ensure optimum
workflow is achieved; approve requisitions for supplies, cross-sell bank products and
services.
Assistant Operations Officer, September 1999—May 2000
FAR EAST NATIONAL BANK, Irvine, CA
Oversee the smooth functioning of the branch; ensure compliance with audit and
operational regulations; staff supervision including training, writing performance
reviews and administering corrective actions;sell and cross-sell bank products and
services; participate in recruiting activities; resolve customer complaints; approve
transactions; control operating expenses; prioritize and coordinate work; assist in
locating teller differences, meet established deadlines; balance general ledger
accounts.
Assistant Operations Officer,August 1997—August 1999
OMNI BANK, Irvine,CA
Supervise the branch Operations staff, serve as the backup for Tellers and New
Accounts Representative when needed; promote and cross-sell bank's products and
services; maintain knowledge of customers' account activities; meet with customers
to solve problems; evaluate employees'performances; ensure daily routine items are
completed and deadlines met;review and approve daily work and reports; assist the
Manager in the day-to-day operations of the branch facility; implement operational
policies and procedures,resolve operational problems.
Operations Supervisor, May 1995—July 1997
GENERAL BANK, Monterey Park, CA
Assist the Officer with the daily operations of the branch adhering to policies,
procedures, and regulations;supervise Tellers, Customer Service Representatives, and
New Accounts Representatives; assist with the training of new employees; cross-sell
bank's products and services; review and approve daily reports to ensure callback
accuracy; accept other duties as deemed necessary by the Officer.
EDUCAITON:
California State University, Long Beach
Bachelor of Science Degree in Business Administration
ERIC HIGUCHI
Professional Experience
PRINCIPAL 1 FOUNDER,QTadve, Inc., Irvine, CA (January 2017-Current)
Provide consultant and project management services including general ownership representation, entidoment management,and
financial analysis for rasidential and commercial developments throughou`Southern California.
VICE PRESIDENT,Lehman Brothers Holdings Inc., Irvine, CA(January 2016-December 2015)
Assistant Vico President„Irvine,CA(June 2012-December 2015)
Responsible fo,the management_ repositioning and disposition of approximately $250M in residential, commercial and resort
real estate assets held within Lehman Brothers'Western Land Portfolio. Recovery value of the total Western Land Portfolio was
approximately$1 Billion.
LAND ACQUISITION MANAGER, KS Home,Wlldomar,CA(June 2011 -June 2012)
Land Acquisi r Analyst,W ADmar GA(June 2009-June 2011)
Responsible for the acquisition of land for new home communities it the Los Angeles and Ora-rrge County markets for Souther?
California's iargest home builder(by urit deliveries from 20013-2012).
Duties includes:
financial undery r ting and market research for+.i-$200M In land aoquisgion transactions In Southern California,
management of feasibility nvestlgatior for potential new land acquisitions;
d ncgotiat or of land acquisition purchase and sales contracts;
■ preparztior of investmen°committee memorancums for f-ttemal transaction approval;and
management of tfree member land search team.
DEVELOPMENT MANAGER, Emaar International, Irv,ne, CA(April 2008-March 2009)
Responsible for the design of residential and hospitality Drojec's and master planned communities in the Middle Eas'.'Ncrth
Africa(MENA) Region.
DEVELOPMENT PROJECT MANAGER,The Morgan Group, Carlsbad,CA(Jul 2007-April 2008)
Managed the eititlement anc design of for-rent,multifamily communities on the West Coast,
FORWARD PLANNER,KB Home, Los Angeles,CA(June 2005-July 2007)
Forwar-J Planning Associate,Irvine,CA(March 2005-June 2006)
Intern, Irvine,CA(January 20D5-March 2005)
Managed tl•.e enticement and oesign of multifamily, for-sale common ties in the Los Angeles anc Orange County markets..
Education
UNIVERSITY OF CALIFORNIA—IRVINE,Irvine, CA(2000-2005)
e Bachelor of A-ts is Economics
Bachelor of Ars in Political Scienr-a
o Minor in Philosophy
Professional Designations
1
UNITED STATES GREEN BUILDING COUNCIL
• Accredited Professional, Leadership in Energy and Environmental Design (LEED AP)
Awards & Service
BUILDING INDUSTRY ASSOCIATION OF ORANGE COUNTY
• Board of Directors(2011 —2015)
HOMEAID ORANGE COUNTY
a 509 (c) 3 charitable non-profit organization that builds and renovates shelters for those in Orange County who find
themselves homeless due to sudden job loss, catastrophic illness, spousal desertion, and domestic violence
• Treasurer, Executive Committee(2014-2016)
• Member, Board of Directors(2013-Present)
URBAN LAND INSTITUTE,ORANGE COUNTY
• Vice Chair of Outreach, Management Committee and Advisory Board(2015-Present)
• Member, Sustainable Communities Initiative Council(2411 — 2015)
UNIVERSITY OF CALIFORNIA,IRVINE-ALUMNI ASSOCIATION
• Member, Scholarship Committee(2009—Present)
2
i
i
David J. Mello, Jr.
UtG L1GHTs OF QUALIFICATIONS
• 'Team building,mentoring the next generation's skill set In land entidement,product and land plan nirig,
Requisition,disposition,land development,budgeting,scheduling and ileal structuring,
RiKLF.vANT EXPERIENCE
Landsen Homes,Irvine,CA
k7ce Preszdeni of Forward Planning—December 2017—Present
• Direct Report to Division President leading department providing oversight and mentoring to
junior,mid-level Project Managers,1'roject Coordinators,while,interfacing with other department
heads to pupport the Division's business plan,
• Assist Acquisitions with due di ligence efforts and underwriting to present to BOD.
■ Master Plan Design and Development/Enti d ement
■ Lead team to develop product for both MF and SFR product types,
• 2020-$230MM annual division revenues and 458 sales 300 deliveries/year from zero in 2017.
The New Home Company,Aliso Viejo,CA
Director, Project Management—June 2014—November 2017
• Direct report to Division President assisting with junior,mid-level Project Managers,Project
Coordinators and Contract Administrators.
• Regular interaction with COO,CMO and internal Design Review Committee leading project
development inclusive of award winning 54 attached duplex product (Amethyst)in the Parasol
Park PA of The Great Park(Five Points Community).
• Part of divisional senior team developing policies,procedures and BMP's for corporate wide
implementation.
• fart of the senior team resolving hiftll development sites land development constraints.
• Crcated separalc scheduling and budgeting templates for TN11C Project Management Team and integrated
it into BMP for financial coritrols for puhlic reporting.
• Entitled(2)40-unit communities in San Juan Capistrano and Orange,CA. Inclusive of full CEQA
proccssi_ig of an 1 1R,'lon:alive Tract Map,Major Site Plan and.Conditional Use 11onnit.
• Coordinalt:d with Land Acquisition DepurtmLmt.on Duo Diligenm proioct schcxtulc and budget for
creation of Board Package.
Sabal kinancial Group, 11Y,Newport Beach,CA
ADCAs.set.Wanager, -June,2011—June2014
• Disposition of over$50MM in assets with annual peak of$20MM in AZ and FL markets in 2012.
• Entitled 1288 acres in Southeast Florida for Master Plan Community as well as 233 unit subdivision
in Tampa with multiple phases including occupied residents,finished lots and raw dirt.
■ Lead the underwriting for land acquisitions in California (1588 unit Master Plan)and Horida(418
unit subdivision)
■ Senior Asset Manager responsibilities managing dispositions o REO assets as well as working out
performing and non-perform ing loans across the country for Mixed-Use subdivisions, SFR,
multifamily lots and partially developed proiects.
■ Created and presented business plans with recommended exit strategies including forward
planning of projects, economic feasibility and market analysis for projects to Investment
Committee members from Saha), Oaktree and Gibraltar(Toll brothers)subsequently
implementing consensus. Nurno-nus JV's outperforming proforma.
• Exposure and interaction with natio.ial,regional and custom homcbuilders in numerous states
iricluding CA,AZ,FL,IT),OR,GA,AL,TN,NC, SC,VA&TY.
• Portfolio Tender on underwriting of a$66MM acquisition of 7 subdivisions located in CA,NV,
ID,T,X, SC rat NC.
David J. Mello, Jr.
Southern California)a damn,Rosemead,CA(Contract Work through Midcoin)
Senior P'rnjeO kfanagF:r,3TPP2 CW—March 2010—Septcntbcr 2010
Temporary assignment working with senior management in Real Properdos Strategic Planning Division.
• Long Range Strategic Planning for Real Estate Department(5Yr Strategic Plan.)
• Creatine Project Managemen t Organization for Real Properties rAvision
• integral Part of team that developed Land Use&Land Acquisition Policies&Procedures
• Worked with multiple Business Units to make Business Case for Land Exchange between USFS and SCE
• Created a department budget template for tracking internal and external department costs.
• Created regional valuation model for badgeting interconnects land acquisition costs.
Centex Homes Southern California,Corona,CA
Director of Land Development--January 2004—October,2009
• Worked closely with Division President,Executive V.P.,Regional CFO and other division
Directors to set strategic initiatives and moot key performance measures in business plan. Met
qu;u-tufly with Sales Team and 1,xecuti4es to measure in.dividurl neighborhood sueccas.
■ Managed department o:up to 12 crnployees covering Southern California region
• Average armual department spcndir.g$15 to$20 MM
• Managed over$200MM in bonds'1~xonerated$65MM
■ Processed over$20NIM in cash reimbursements
■ Managed S45MM in CFD formations and Issuances
• Created CFD tracking model adopted by corporate finance to manage bond obligations across country
■ Coordinated forward planning,entitlement and developtnent of 3,000 lots in over 32
neighborhoods
+ Reviewed and approved all Project Manager's Schedules, Budgets and Cash.Flows monthly in
conjunction with Division Controller.Quarterly review with Regional CFO and Executive Vice
President,
• Division annual closings at 350(2008)up to 2,800 (2006)
EDUCATION
Harvard Craduate.School of Design,Cambridge,MA
1:',,'i:C'!'ir14"i'F:i�ticriliur 1.lLCl+[:lll�lYlj:Gd,�ltC(�7ft'b'.'Tr[:Atl X119
Univti-ity(if Snulheru California,T.,s Angclus,CA
,1i:�sterufl�ea!�Iusc�Development 2fNl�
Californin Stnte Poilytcrhnic University,Pomona,CA
C?uch•lnr:a�,Si��rrcc,r'r»r 1s�:a1N .4r'c hidErc'ttuc 200
•Crrnr".;IU,IC;1lnrnrS ire I andscupu Architecture
Notable
• C'alifurnia Stare Contraetors Licenses"A" (General Engineering Contractor)Lie ft 943027
• CHlifornio State ReAl Estate Broker's License(TD #01907368)
Certified Urban Land Institute's Leadership Program for Planned Communities and Urban Tnfill
DocuSign Envelope ID: FFACDE16-C998-46F2-A20A-CD4CDF9C53C9
AGENDA
VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JANUARY 11, 2022
6:00 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Fred Snider, Grace Harbor Church
All present. ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mello
None. PUBLIC INPUT:
Hurtado Hurtado confirmed no public input was received.
Approved the CONSENT CALENDAR:
Consent
Calendar.
1. APPROVAL OF MINUTES — DECEMBER 14, 2021
RECOMMENDATION:
That the Planning Commission approve the Minutes of the December
14, 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.
Minutes—Planning Commission January 11, 2022—Page 1 of 3
DocuSign Envelope ID: FFACDE16-C998-46F2-A20A-CD4CDF9C53C9
Hurtado Hurtado confirmed no public input was received.
Motion: It was moved by Chu, seconded by Kozak, to approve the Consent
Calendar. Motion carried 5-0.
Training REGULAR BUSINESS:
provided.
3. TRAINING — PLANNING COMMISSION POLICIES AND
PROCEDURES
An overview of the Planning Commission Policies and Procedures
will be provided during this training. The Policies and Procedures
contribute to the effective operation of the Planning Commission,
ensure that associated public meetings are conducted consistently in
accordance with adopted Policies and Procedures, and that the
actions of the Planning Commission comply with State law.
Huitron Huitron described to the Commission the type of training that would be
conducted, in order to ensure all members of the Commission understand
their role as a Planning Commissioner.
DiLeva & Daudt Presentation given by DiLeva and Daudt.
Mello Mello asked Daudt about Commissioners meeting with groups, to discuss
the City's planning policies.
Daudt Daudt referred to quasi-judicial hearings. When there is an actual
application, either immediately before the Commission or that is likely to be
presented to the Commission, he advised against meetings (i.e. meeting
one-on-one with developers). He stated it would be best to avoid meeting
with opponents or proponents of a particular project. On the policy side (i.e.
legislative type decisions), the same admonishment or prohibition would not
apply, if a Commissioner wants to "keep the pulse" with the community,
unless, of course, a specific project is being discussed among the group.
Mason Mason asked how the districting of the City Council will impact the
Commission going forward.
Willkom In response to Mason's question, Willkom stated that as of now, the City
Council has not expressed a desire to change the Planning Commission
appointment procedure. It is uncertain what the City Council will decide with
future district elections.
Minutes—Planning Commission January 11, 2022—Page 2 of 3
DocuSign Envelope ID: FFACDE16-C998-46F2-A20A-CD4CDF9C53C9
STAFF CONCERNS:
Willkom Willkom wished everyone a happy new year. City staff has many projects
scheduled in 2022. There will be some policy recommendations by the
Commission to the City Council (i.e. SB 9, Zoning Code Amendments and
Outdoor Dining Code Amendment). The idea is to streamline the
planning/building permitting process. The Economic Development
Department is currently in the process of selecting a developer for the Tustin
Legacy multi-family projects. Willkom added that there will be an upcoming
development proposal (former Ricoh site, industrial warehouse that will be
presented to the Commission in the near future). Staff looks forward to
working closely with the Commission on the many upcoming projects.
Willkom also informed the Commission that due to the increase in the COVID
numbers, the next few meetings will likely be held virtually until the COVID
numbers decrease.
COMMISSION CONCERNS:
Chu Chu had no concerns. She thanked staff for the presentation. Chu wished
everybody a happy new year, and she is looking forward to all of the future
projects.
Higuchi Higuchi had no concerns. He thanked staff for the presentation. Stay
healthy out there!
Mello Mello had no concerns. He wished everybody a happy new year and he
looks forward to working with staff in the coming year.
Kozak Kozak concurred with his colleagues' previous comments. He, too, looks
forward to working with City Council and staff on future projects/proposals in
the new year.
Mason Mason also wished everyone a happy new year and to please stay healthy.
6:50 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, January 25, 2022.
D/o/pc_u-Signed67y:
D327386DSSSR43D._.
nnDocuSignedby, AMY MASON
�.:J"' "" �' O` er`" Chairperson
ED45DA2623&54R5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission January 11, 2022—Page 3 of 3
DocuSign Envelope ID: 136F351 EC-4FCF-49F9-BD69-3E9CEEAF351 F
MINUTES
VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JANUARY 25, 2022
6:06 P.M. CALLED TO ORDER.
Given. INVOCATION: Pastor Taka Iguchi, Voice Church
All present. ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, and Mello
None. PUBLIC INPUT:
Hurtado Hurtado confirmed no public input was received.
Approved the CONSENT CALENDAR:
Consent
Calendar.
1. APPROVAL OF MINUTES — JANUARY 11, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the January 11,
2022 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.
Minutes—Planning Commission January 25, 2022—Page 1 of 3
DocuSign Envelope ID: 136F351 EC-4FCF-49F9-BD69-3E9CEEAF351 F
Hurtado Hurtado confirmed no public comments received regarding the Consent
Calendar.
Motion: It was moved by Kozak, seconded by Chu, to approve the Consent Calendar.
Motion carried 5-0.
None. PUBLIC HEARING
REGULAR BUSINESS:
Adopted Reso. 3. 2022 HISTORIC AND CULTURAL RESOURCES ADVISOR WORK
No. 4444. PROGRAM
RECOMMENDATION:
That the Planning Commission, acting as the Historic and Cultural
Resources Advisor (HCRA) to the City Council, adopt the 2022 HCRA
Work Program per Resolution No. 4444.
Reekstin Presentation given.
Mello Mello asked Reekstin if the Hangar area was considered part of the work
program.
Reekstin Reekstin stated that the Hangars are historic resources but are not within the
City's historic district. Indirectly, they would fall under the purview of the
Planning Commission as the HCRA.
Motion: It was moved by Kozak, seconded by Mason, to adopt Planning Commission
Resolution No. 4444. Motion carried 5-0.
Hurtado Hurtado confirmed there was no public input received on this item.
STAFF CONCERNS:
Willkom Willkom did not have any comments or concerns.
COMMISSION CONCERNS:
Mello Mello did not have any concerns.
Chu Chu did not have any concerns.
Higuchi Higuchi did not have any concerns.
Kozak Kozak did not have any concerns and he made favorable comments to staff
regarding the work program.
Minutes—Planning Commission January 25, 2022—Page 2 of 3
DocuSign Envelope ID: 136F351 EC-4FCF-49F9-BD69-3E9CEEAF351 F
Mason Mason did not have any concerns and she, too, made favorable comments to
staff about the work program.
6:23 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, February 8, 2022.
DocuSign/e�dd by:
-11t
D3273B6D898A43D...
AMY MASON
EDocuSigned by: Chairperson
3"k- r , d. OULk&ft
-ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission January 25, 2022—Page 3 of 3
MINUTES
VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
FEBRUARY 22, 2022
6:00 p.m. CALLED TO ORDER.
Given. INVOCATION: Reverend Ken Suhr, Aldersgate Methodist Church
All present ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mello
None. PUBLIC INPUT:
The Consent CONSENT CALENDAR:
Calendar was
approved.
1. APPROVAL OF MINUTES—JANUARY 25, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the January 25,
2022 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 Mello, seconded by Kozak, to approve the Consent Calendar,
as provided. Motion carried 5-0.
Minutes—Planning Commission February 22,2022—Page 1 of 4
None. PUBLIC HEARING.
REGULAR BUSINESS:
Received& 3. CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT
filed. 2021 YEAR IN REVIEW
The Community Development Department's 2021 Year in Review
summarizes the CDD's activities throughout 2021 including
discretionary permits processed and approved (i.e. CUPs, DRs,
Subdivision Maps, etc.), major accomplishments for various functional
areas within the Department, Code Enforcement activities, and Building
Division activities.
DiLeva Presentation given.
Mello Mello addressed the questions he previously asked staff(via email). He made
favorable comments regarding the new SchoolsFirst corporate office. Mello
asked if there are any plans regarding the buildings on El Camino Real
(between Red Hill Avenue and Browning Avenue), other than the House of
Ruth project. He also asked if the City has seen an increase in Accessory
Dwelling Unit (ADU) applications. Mello also asked for any updates on the
Housing Element and what the timeline for approval is and if there is any
concern with certification timing as well as access to State funds.
Reekstin In response to Mello's questions, Reekstin stated that the City is seeing interest
in owners' redeveloping properties along EI Camino Real (i.e. owner of Key Inn
is interested in redeveloping their second motel site) in the future. He
mentioned the House of Ruth being developed, closer to Browning Avenue.
Reekstin stated that the owners of Red Hill Plaza are interested in redeveloping
the site in accordance with the Red Hill Avenue Specific Plan (RHASP). The
City is hopeful that the Hill property will spur more interest in redeveloping that
site. He also discussed the Axiom Apartment Homes on Tustin East Drive
being rehabilitated recently. The City has seen an increase in ADU applications
(over 20 applications received in 2021 — which is the same number of
applications received in 2018, 2019 and 2020 combined). The City is
continuing to see more ADU applications in 2022 as well which was expected
due to the new provisions of State law.
Huitron Huitron added that the Housing Element was adopted by the Planning
Commission and the City Council, in time for the October 15, 2021 deadline.
However, subsequently received revisions from HCD in January 2022 and staff
is currently preparing the revisions and will send to HCD in approximately one
(1) week to HCD for final review. HCD has re-emphasized the bar has been
raised for housing elements in this particular cycle, as compared to previous
cycles. The City has been informed through legislation and through HCD that
the City would be subject to rezoning the RHNA sites by October 15, 2022, as
Minutes—Planning Commission February 22;2022—Page 2 of 4
Huitron opposed to having three (3) years, which is when the City initially anticipated.
The City continues working with SCAG and legislators, to get the attention of
HCD, to see if they can make a determination to provide the SCAG region an
automatic six (6) month extension to meet the deadline, which the City
continues to discuss and push for. i
i
Mason Mason asked, in terms of the Housing Element revisions, about the material in
redistribution of the numbers by the community and if the numbers will be
shared to the Commission before resubmittal to HCD.
Huitron Per Huitron, the sites have not changed since the 'Housing Element was
adopted by the Planning Commission and the City Council. The only significant
change, with regard to sites is, the Village of Hope units did not qualify as units
due to the congregate eating facilities. Those units were re-distributed across
the Tustin Legacy area, but once HCD has made a determination of substantial
compliance, City staff will bring the Housing Element back for final review.
Mello Mello asked staff to elaborate on the Grant Programs!(the language referring
to housing incentive plans for Tustin Southwest Neighborhoods and the
identification for sites suitable for housing development).
Huitron In response to Mello's last question, Huitron stated that the grant program was
written in advance of staff starting the revised Housing Element. When the
funds became available, staff, at that time, was not clear on what the housing
sites inventory would look like and which areas would`be explored. Staff was
trying to be proactive and identified the southwest neighborhood as a potential
site, for meeting the RHNA sites. However, staff discovered they would need
to conduct infrastructure studies, which were beyond the funding capabilities of
the grant the City received and at the same time, staff realized there were other
sites suited to meet the RHNA housing allocation. The City was able to meet
the RHNA allocation through other sites and did not need to pursue the
southwest neighborhood. The funds have been reallocated to fund the
preparation of the Housing Element, which has taken more staff time than
anticipated.
Chu Chu thanked DiLeva for the Year in Review presentation. She was happy to
hear the many jobs SchoolsFirst Credit Union will be creating. Chu was also
pleased to see the decrease in graffiti incidents.
Kozak Kozak thanked Planning staff for their outstanding work in 2021 and he is
looking forward to continuing to work with staff on City projects in 2022.
Mason Mason echoed her fellow Commissioners' comments.
Motion: Received and filed.
STAFF CONCERNS:
Minutes—Planning Commission February 22,2022—Page 3 of 4
Willkom VVillkom informed the Commission that the next Planning Commission meeting
may be in person, as long as COVID numbers stay on the decline. Staff will
notify the Commission ahead of time when a decision has been made.
COMMISSION CONCERNS:
Chu No concerns,
Mellow No concerns,
Higuchi Higuchi stated he toured the Brookfield property and he is looking forward to
seeing new projects on the former MCAS.
Kozak Kozak thanked staff for tonight's reports and looking forward to 2022.
Mason No concerns,
6:38 p.mi. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, March 8, 2022.,
AMY MASON
Chairperson
JU&INA L. WUKOM
Planning Commission Secretary
Minutes— Planning Commission February 22, 2022—Page 4 of 4
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MARCH 8, 2022
6:00 p.m. CALL TO ORDER.
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
All present: ROLL CALL: Chair Mason
Chair Pro Tem Kozak '
Commissioners Chu, Higuchi, and Mello
None. PUBLIC INPUT:
Approved the CONSENT CALENDAR:
Consent
Calendar, as
presented.
1. APPROVAL OF MINUTES — FEBRUARY 22, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the February 22, 2022
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 recommentl measures to promote
social distancing to slow the spread of COVID-19
Motion: It was moved by Kozak, seconded by Chu, to approve the Consent Calendar, as
presented. Motion carried 5-0.
Agenda—Planning Commission March 8,2022—Page 1 of 9
PUBLIC HEARING:
Adopted Reso. 3. CONDITIONAL USE PERMIT 2021-0019 AND CONDITIONAL USE
Nos. 4446 & PERMIT 2021-0020
4447.
APPLICANT: Edward Ojeda
Scan A Cart LLC
17881 Sky Park Circle, Suite G
Irvine, CA 92614
PROPERTY
OWNER: Tom Chou
Chou Newport Plaza Partners, LLC
3 Whaney, #100
Irvine, CA 92618
LOCATION: 14401 Newport Avenue
ENVIRONMENTAL:
This project is Categorically Exempt pursuant to Section 15301 (Class 1) of
the California Environmental Quality Act (CEQA).
REQUEST:
A request to authorize on-site Alcoholic Beverage Sales (Type 47 License)
and live entertainment in conjunction with a 3,167 square foot restaurant
establishment.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4446 approving
Conditional Use Permit (CUP) 2021-0019, to authorize on-site alcoholic
beverage sales (Type 47 license); and adopt Resolution No. 4447 approving
CUP 2021-0020 to authorize live entertainment; in conjunction with a 3,167
square foot restaurant establishment at 14401 Newport Avenue.
Carver Presentation given.
Higuchi Higuchi disclosed his knowledge of the applicant's representative, Mr.
Leonard Chan, and that he had no economic ties to the business or the
applicant. He mentioned the former business and the concerns he had with
that business operation. Higuchi felt comfortable knowing the applicant is an
established operator and that the business would bring economic livelihood
to the plaza and area. He did not have any concerns with the over-
Agenda—Planning Commission March S, 2022—Page 2 of 9
a
Higuchi concentration of an Alcohol Beverage Control (ABC, license in the plaza and
felt that the establishment will be run differently than the prior establishment.
Chu Chu addressed the following, in general: 1) overconcentration of ABC
licenses -- what is the California Department of Alcohol Beverage Control's
(Department of ABC) stand on this type of project? 2) concern regarding
noise from live entertainment — were there complaints during the time of
McClure's operation when there was live entertainment? Chu was concerned
with the live entertainment occurring on Thursday evenings, and possible
noise complaints. How would the applicant address those issues? 3) Parking
—the restaurant compared to the previous establishment—the total capacity
has increased -- is the City not requiring additional -parking solely based on
the size of the business, and not the total capacity?
Willkom Per Willkom, as to overconcentration, there is a finding of public convenience
and necessity that needs to be made and the Department of ABC leaves that
to the local jurisdiction. City staff believes the use would provide diversity and
opportunity in the area to serve the public. McClure's had been in existence
since 1996 and there were a few complaints during that time. The proposal
being presented involves a new applicant and a different business concept,
with the appropriate conditions in place. City staff is hopeful the new
establishment will be successful. Per Chu's question regarding parking,
Willkom explained that the parking requirement is based on the square
footage of the restaurant, which is not proposed to be expanded. Therefore,
the applicant is meeting the parking requirements. .Willkom added, there is a
condition within the resolution that if there is a parking issue in the future, the
City has the ability to require the applicant to address any parking issue.
Mr. Leonard In response to Chu's concern with the live entertainment on Thursday nights,
Chan Mr. Chan stated new restrictions were put into place therefore the live
entertainment will cease at 11:00 p.m. In addition, they will not be having any
rock bands. The previous establishment (Marty's) was a true music venue.
The music is an ancillary to the bar and restaurant. Should there be any noise
complaints, the applicant will address them accordingly.
Mello Mello referred to the establishment being within 300 feet of residential
properties and he asked if there was any feedback given from any,of the
neighboring businesses. He also mentioned the businesses in the area with
similar operating hours and if they were any within the plaza or along Newport
Avenue in the commercial zone. Mello asked Mr. Chan if he and the applicant
had explored any other locations within the city to pursue this business or if
he would be open to exploring other locations in Tustin.
Reekstin In response to Mello's question, Reekstin stated that there are residential
properties within the 300-foot radius. Staff provided public noticing to all
owners within the 300-foot radius, as well as posting the project site and
publishing the notice. City staff did not receive any comments or questions
I
Agenda—Planning Commission March 8,2022—Page 3 of 9 j
Reekstin from the public. Reekstin stated there are a few businesses that are open
past midnight, within the vicinity, but not in the plaza.
Mr. Leonard Mr. Chan expressed how he liked the legacy of the area and he liked the
Chan location of this project. Mr. Chan and the applicant looked at other areas and
in working with the owner of the plaza, their desire is to redevelop the plaza
and to provide a trendy upscale establishment by making the project very
approachable. This would likely help improve the plaza and surrounding
areas. Per Mr. Chan, the owner of the plaza, may be looking at new
businesses within the plaza to improve the plaza overall.
Kozak Kozak thanked Mr. Chan for his interest in improving the plaza. The proposal
for entertainment is reasonable and he wished Mr. Chan and the applicant his
best.
Mason Mason asked about the requirement of 51 percent of sales.going towards food
and if that provision still pertained to this project. She asked Mr. Chan if he
viewed this business as a bar or a restaurant first.
tillkom Per Mason's previous question, the provision regarding 51 percent sales
going towards food was part of the previous guidelines. In 2018, the City
decided to provide more flexibility with alcohol beverage sales and services
and the old provision has since been removed from the guidelines.
Mr. Leonard Mr. Chan considers the project concept a restaurant/bar and family friendly.
Chan During the evenings, the establishment will be livelier therefore they should
see a drop in food sales after 10:00 p.m. (a full food menu will be offered until
last call). He added that all of the staff is heavily trained on not over- serving
alcohol.. There will always be security on-hand (one indoor/one outside) and
staffing will increase on the busier nights. The owner has already installed
security cameras on the exterior of the building, and Mr. Chan and the
applicant have asked for additional security cameras in the parking lot area.
Any old security cameras will be replaced with new security cameras.
Me110 Mello made favorable comments regarding the changes being made the last
few years in this project area. Also, he was pleased to hear the applicant's
plans for being responsible for this business. He did voice his concern with
the proximity of the project to the residential area and the hours of operation,
specifically Thursday evenings. Mello asked if there was any thought to
possibly changing the hours of operation on Thursday evenings.
Mr. Chan Mr. Chan stated he would speak to the applicant about possibly changing
the hours of operation on Thursday evenings to address Mello's concern.
Again, Mr. Chan stated that the business will be well staffed with security to
ensure everyone enters and leaves the business and area properly.
Kozak Kozak asked Mr. Chan to further elaborate on the security plan.
Agenda—Planning Commission March 8, 2022—Page 4 of 9
Mr. Chan Per Mr. Chan, there will be three (3) tiers of security, door security to handle
checking patron's ID's; inside security stationed in the back-patio exit(during
live entertainment); on the busier days, there will be a General Manager who
will oversee the security staff (professional/licensed/insured security
company) and they will all wear a microphone to keep in communication with
one another regularly.
Mason Mason stated that if noise does become an issue, the residents will complain
and the City would then take action. As long as the,applicant is sensitive to
the proximity of the business to the residential area, Mason was in favor of
the project.
Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution Nos. 4446
and 4447. Motion carried 5-0.
REGULAR BUSINESS:
Authorized 4. 2021 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION
staff to MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY
forward the SPECIFIC PLAN
General Plan
and the RECOMMENDATION:
MMSR to the
City Council That the Planning Commission review and authorize staff to forward the
for General Plan Annual Report (the General Plan) and the Annual Mitigation
consideration. Monitoring Status Report (MMSR) to the City Council for consideration.
Demkowicz Presentation given.
Mello Mello asked for clarification: is the Planning Commission recommending the
report and what is included within the report, to the City Council? He asked
about Tustin's Temporary Emergency Shelter Request for Proposal (RFP)
and if there is any chance that the facility is not a continuous operation due
to the RFP and if anyone has submitted an RFP. Mello referred to Page 56
of the meeting packet—the list of efforts to remove governmental constraints
to the improvement and development of housing (i.e. Voluntary Workforce
Housing Incentive Program — Ordinance No. 1491). He asked staff to
elaborate on Ordinance No. 1491 and how it is reducing governmental
constraints.
Demkowicz Per Demkowicz, the RFP for the Temporary Shelter has been distributed
and there has been some interested parties who have looked at the facility
but there is no operator that has been selected at this time.
Daudt In response to Mello's previous question on the Voluntary Workforce
Housing Incentive Program, the provision requires affordable units in
i
i
Agenda—Planning Commission March 8, 2022—Page 5 of 9
Daudt connection with the development of residential housing in certain specific
planning areas.
Mello Mello then asked if Ordinance No. 1491 is required or voluntary for a
developer who wants to build in Tustin to follow the levels of income for
affordability.
Daudt To further clarify, if a developer is not inclined to provide the affordable
residential units on-site, they may instead include an in-lieu housing fee in
its place.
Willkom Willkom added, the Voluntary Workforce Housing Incentive Program is
applicable only in the Downtown Commercial Core'Specific Plan and Red
Hill Avenue Specific Plan areas of the City. The area within the boundaries
of these two (2) specific plans are generally commercially zoned. The
Specific Plan included the provision for residential development within the
commercially zoned parcels of both areas. The Voluntary Workforce
Housing Incentive Program is voluntary, per se, in that the City is not
requiring the development of residential housing units, but should a
developer want to provide residential housing units, then the developer
would need to comply with the provisions of the Voluntary Workforce
Housing Incentive Program. The Hill is one (1) of the applications that the
City has received and it has been approved. Also, one (1) application is
currently under review by City staff.
Chu Chu made favorable comments to Demkowicz on her presentation. She
asked about Proposition 64 (Cannabis businesses) not being allowed under
this proposition. What businesses are considered acceptable under this
proposition? Chu asked if the Temporary Outdoor Dining Use Permits will
become permanent. With regard to graffiti, Chu recommended portable
surveillance cameras and asked what the cost would be for the City to rent
and install surveillance cameras in the high crime areas of Tustin.
Willkom Per Chu's question, Willkom stated that currently, no cannabis businesses
are allowed to establish within the city limits of Tustin. Only the delivery or
transfer of cannabis through Tustin is permitted under the State law. The
Temporary Outdoor Dining provision has been extended through the end of
Summer 2022 and staff is currently in the process of revising the ordinance
to allow for more flexibility for outdoor dining as a permanent facet for
restaurants and potentially for other types of businesses. The ordinance will
be brought to the Commission and the City Council in the near future. During
the COVID-19 Pandemic, the City Council allowed restaurants and other
businesses to have outdoor settings and City staff created a temporary
provision to allow businesses (free of charge) to apply for such permits. The
General Plan Annual report is a progress report with respect to the City's
General Plan, goals and objectives and this progress report will be submitted
r
Agenda—Planning Commission March 8, 2022—Page 6 of 9
1111kom to the Office of Planning and Research following the Planning Commission
and City Council's review.
Higuchi Higuchi also thanked Demkowicz for the presentation and he asked why the
General Plan Annual Report is being presented in conjunction with the
agenda report for the Tustin Legacy Mitigation Monitoring Report. He
referred to the Housing Element - Appendix A Leap Reporting and the
various tiers of affordability— deed restricted and non-deed restricted units,
which he asked if these units are considered very-low income, if it meets a
certain density criteria pursuant to the State law. He asked for an example
of what the non-deeded restricted very-low income units and moderate-
income units look like. Higuchi also asked when the Housing Element
responses would be submitted to HCD. He asked if the comments from HCD
are public record. Higuchi also asked about RHNA's projections and when
City Staff anticipates the Housing Element would, be approved. Lastly,
Higuchi asked about the status of the permanent supportive housing site on
Park and Warner Avenues (Jamboree Housing).
Willkom In response to Higuchi's questions/comments, Willkom stated staff has
paired both reports but they are not related to one another. For the purpose
of the Housing Element site inventory-- if the City is to zone the site with the
default density of 30 dwelling units per acre, that site can be considered as
a site to accommodate lower-income housing. When the City reports
completed units to HCD, then the City must look at the pricing or rental rates
of the housing units. Typically, a non-deeded restricted unit is related to
transitional housing, homeless shelters, etc. City staff is in the process of
addressing all of the responses from HCD and in addition, staff has also been
meeting with HCD staff to ensure staff understands exactly what HCD is
seeking. Staff is making great progress and hoping to submit the revisions
to HCD within the next few weeks. HCD's comments and letters are public
record and they are available on the City's focused Housing Element
webpage. HCD has also included their fetters on' HCD's webpage. Per
Higuchi's question regarding RHNA's projections,Willkom stated 6,782 units
are assigned to Tustin for the next eight (8) year cycle .
Reekstin Per Reekstin, non-deed restricted moderate-income units include ADUs.
The applicant would have to show they are renting the ADU at a moderate-
income level. Regarding the permanent supportive housing site, Reekstin
and Willkom stated the applicant withdrew the application and there have not
been any other applications since then.
Hurtado Hurtado confirmed no public input received.
Mello Mello was not in favor of the Voluntary Workforce Housing ordinance.
I
Willkom Per Willkom, the annual report is a progress report showing activities that the
City undertook in the prior year and the report shows that that the Voluntary
Agenda—Planning Commission March 8,2022--Page 7 of 9
Willkom Workforce Housing ordinance has been adopted. if the City Council wishes
to re-consider that section of the TCC, it would be a separate action and
separate request to staff.
I
Higuchi Higuchi asked for clarification -the City's last Comprehensive Update to the
General Pian was in 2001. He was not understanding how the Voluntary
Workforce Housing ordinance is effectively streamlining the production of
residential units in Tustin, specifically the DCCSP and the RHASP.
i
Willkom Willkom confirmed that the City's last Comprehensive Update to the General
Plan was done in 2001.
Motion: It was moved by Kozak, seconded by Higuchi, toi approve the recommended
action. Motion carried 6-0.
STAFF CONCERNS:
Willkom Willkom informed the Commission of The Lantling project will have their
model preview on March, 22, 2022 from 4:00-6:00 p.m.
COMMISSION CONCERNS:
Higuchi Higuchi thanked staff for the presentations and stated he was happy to be
back in person. With regard to the mitigation measures of the Tustin Legacy,
he would have liked Economic Development staff to be present and involved
in the meeting for any updates on the Tustin Legacy. Congratulations to the
Gallagher family.
Mello Mello also thanked staff for the presentations and for the responses. He
requested the Commission revisit the Voluntary Workforce Housing
ordinance and would like to make a recommendation to the City Council.
Willkom Willkom informed the Commission that policy direction typically begins with
the City Council. The Commission's role is moreifocused on land use. Staff
can relay Mello's concerns to the City Council but it is beyond the
Commission's purview. The City Council would'make the determination as
to whether or not they would want to reconsider the matter.
Mason Mason asked Willkom to discuss the process ofIMello's request, along with
the General Plan Update, since the last update was in 2001.
Mason Mason asked staff to relay the concerns to City Council. Mason spoke of her
recent experience in attending various Planning Commission meetings for
other cities. She inquired about the opportunity td address the Commission's
concerns at the beginning of the agenda in order to share insight with each
other regarding various topics (i.e. RHNA, Housing), which she stated might
be helpful. She asked Willkom if this could be addressed offline or at a future
Agenda—Planning Commission March B,2022—Page 8 of 9
Mason meeting. Mason added that this approach would bringi more educational
insight to the Commission's conversations.
Daudt To clarify Mason's questions/comments, Daudt asked if the Commission, is
asking for an opportunity for individual Commissioners to perhaps discuss
topics of particUlar concern, or to make brief presentations on issues they
would like to address, related to the Commission's purview. Daudt stated
that initially the typical concerns section of the agenda is intended to be for
less structured discussions and is not intended to, facilitate a focused, larger
discussion of a topic. Daudt recommended that if a Commissioner knew
he/she wanted to have a more structured discussion on a specific topic
between each other and/or the public, then the item would need to be
submitted to staff iin order for it to be agen6zed to give everyone advance
notice. Daudt stated that Mason's request to discuss a topic on a less
structured item its appropriate during the Commissioner Concerns portion of
the agenda, whether at the beginning or end of a meeting agenda.
Chu Chu congratulated Council Member Gallagher on his, new baby! Great
presentation Demkowicz.
i
Kozak Kozak also congratulated Gallager's family on baby Camden Caroline, born
March 2, 2022.
71-11 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, March 22, 2022.
AMY M
Chairperson
JUS INA L. WI'LLKOM
Planning Commission Secretary
Agenda—Plann4ig ComrnAssion March 8, 2022—Page 0 of 0
t
MINUTES
COUNCIL CHAMBER& VIDEO CONFERENCE,
TUSTIN PLANNING COMMISSION e
MEETING
MARCH 22, 2022
6;00 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Natalie lguchi, Connect Voice Church
Given, PLEDGE OF ALLEGIANCE: Chair Mason
All present. ROLL. CALL: Chair Mason
Chair Pro Tern Kozak
Commissioners Chu, Higuchi, Mello
Mason PRESENTATION: Scott Reekstin's Retirement—City of Tustin Proclamation
None. PUBLIC INPUT:
Approved CONSENT CALENDAR:
the Consent
Calendar as
presented.
1. APPROVAL OF MINUTES—MARCH 8, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the March 8, 2022
Planning Commission meeting, as provided.
k
{
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.
k
RECOMMENDATION: `
Make the following findings by a majority vote of`he 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.
Minutes—Planning Commission March 22,2022—Page 4 of 3
{
I
Motion: It was moved by Mello, seconded by Higuchi, to approve the Consent Calendar as
presented. Motion carried 5-0.
Mone. PUBLIC HEARING.
REGULAR BUSINESS:
Directed staff 3. 2020-2021 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
to forward the
Annual Report
to the SOHP.
The Annual Report summarizes the City's historic preservation efforts and
describes how the City met all of the requirements of the CLG program
during 2020-2021 reporting period.
RECOMMENDATION:
That the Planning Commission, acting as Historic and Cultural Resources
Advisor, approve the 2020-2021 Certified Local Government Annual Report
and direct staff to forward the Annual Report to the State Office of Historic
Preservation (SOHP).
Salman Presentation given.
Higuchi Higuchi enjoyed the historic walking tour given in September 2021 and would bike
there to be another walking tour this year with a networking event held afterwards.
Chu Chu echoed Higuchi's comments. She asked staff if Salman is assuming the
historic preservation duties of former employee, Senior Planner Elaine Dove.
Huifron Per Huitron, before Dove retired, Salman was able to work with Dove on historic
preservation projects and stated she also has had professional experience with
historic preservation from past city positions and she has served on a historic
preservation commission. The City currently has staff resources to continue the
Mills Act Program and historic preservation activities in Tustin.
Kozak Kozak. commended Reekstin on all of his work with historic preservation and for
the many years he contributed to Old Town Tustin including preservation of historic
properties. He commended Salman for stepping in and continuing the good work
in historic preservation in Tustin.
Mason Mason echoed Kozak's previous comments and she also shared thoughts about
her first in-person Mills Act training and walking tour of Long Beach with Reekstin
and Dove. She added that Reekstin has shown passion with the many
contributions and accomplishments he has made over the years with the City of
Tustin. It has been a pleasure working with Reekstin.
Minutes—Planning Commission March 22,2022—Page 2 of 3
Motion: It was moved by Kozak, seconded by Chu to move the item forward to the City
Council and forward the Annual Report to the SHPO. Motion carried 5-0.
STAFF CONCERNS:
Willkom Willkom congratulated Reekstin on his retirement. She worked with Reekstin for
over 20 years, and she wished him well on his retirement.
COMMISSION CONCERNS:
Mello Mello commended Salman on her great presentation and report. He thanked
Reekstin for making him feel welcome and for answering the many questions he
has had since being on the Commission. Mello wished Reekstin the best with his
retirement.
Higuchi Higuchi stated he has seen many people leaving government jobs in California,
either due to retirement or changing positions. He wished Salman good luck on
her new position. Reekstin`s passion for preserving historic resources, including
Old Town, Tustin was noted. He congratulated and thanked Reekstin for his
service.
Chu Chu congratulated Reekstin on his retirement and stated he be missed.
Kozak Kozak thanked Reekstin for all of his contributions to the City of Tustin, including
to the Commission and Historic preservation.
Mason Mason reiterated favorable comments towards Reekstin and to the history of
Tustin. She noted Higuchi's comments as being very profound with regard to
preserving community and distinctiveness.
Reekstin Reekstin thanked the City of Tustin, the Commission and the community, and
noted that the people of Tustin are what make the community so special.
6:25 p-m, ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
April 12, 2022.
DAVE .'NEL Lu
Chairperson
vm�
JUS; INA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission March 22.2022—Page 3 of 3
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
APRIL 12, 2022
6:00 p.m. CALL TO ORDER.
Given. INVOCATION: Father Bao Thai, St. Cecilia Church (via Zoom)
Given. PRESENTATION: Charles "Chuck" Puckett— City of Tustin Proclamation
1. PLANNING COMMISSION REORGANIZATION 2022
In accordance with the Planning Commission Policies and Procedures,
adopted on April 13, 2021, the Planning Commission reorganizes
around April of each year by appointing a new Chairperson and
Chairperson Pro Tem.
RECOMMENDATION:
That the Planning Commission elect a Chairperson and Chairperson Pro
Tem in accordance with the procedures outlined in Section 1, Part E of
the Planning Commission Policies and Procedures.
Mason Mason opened nominations for Chairperson.
Motion: First nomination: Chu nominated Kozak as Chairperson. Seconded by Mello.
Kozak Kozak declined the nomination.
Motion: Second nomination: Kozak nominated Mello as Chairperson. Seconded by
Mason. Motion carried 5-0.
Mello Mello closed nominations for Chairperson.
Mello Mello opened nominations for Chairperson Pro Tem.
Motion: Mason nominated Kozak be re-appointed as Chair Person Pro Tem. Seconded
by Higuchi. Motion carried 5-0.
Mello Mello closed nominations for Chairperson Pro Tem.
Given. PLEDGE OF ALLEGIANCE: Dave Mello, Chairperson
Minutes—Planning Commission April 12,2022—Page 1 of 6
All present. ROLL CALL: Chair Mello
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mason
PUBLIC INPUT:
Hurtado Hurtado confirmed no public input received.
a
Approved the CONSENT CALENDAR:
Consent
Calendar, as
presented.
2. APPROVAL OF MINUTES— MARCH 22, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the March 22,
2022 Planning Commission meeting, as provided.
3. 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.
Hurtado Hurtado confirmed no public input received.
Motion: It was moved by Higuchi, seconded by Chu, to approve the Consent Calendar,
as presented. Motion carried 5-0.
Minutes—Planning Commission April 12,2022—Page 2 of 6
PUBLIC HEARING:
Adopted Reso. 4. CONDITIONAL USE PERMIT (CUP) 2021-018
No. 4448.
APPLICANT: PROPERTY OWNER:
MATTHEW BACA SAM KERMANIAN
ALDI INC., MORENO VALLEY DIV. ICO INVESTMENT GRP, INC.
12661 ALDI PLACE 9301 WILSHIRE BLVD., #315
MORENO VALLEY, CA 92555 BEVERLY HILLS, CA 90210
LOCATION: 1091 Old Irvine Boulevard
ENVIRONMENTAL:
This project is Categorically Exempt (Class 11) pursuant to Section
15311 of the California Environmental Quality Act.
REQUEST:
A request to establish a master sign plan for a commercial center located
at 1091 Old Irvine Boulevard.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4448 approving
CUP 2021-018 to authorize the establishment of a master sign plan for
the multi-tenant commercial shopping center at 1091 Old Irvine
Boulevard.
Salman Presentation given.
Chu Chu commented on the size of the proposed Master Sign Plan being almost
twice as large as what is currently permitted per the TCC. She asked if the City
has ever approved a sign of that size.
Willkom In response to Chu's question regarding the size of the proposed Master Sign
Plan, Willkom confirmed that the City has, in the past, approved a similar size
master sign plan and design. For example, the Tustin Market Place has many
signs larger than the minimum 75 square feet allowed under the TCC. With
this proposed project, the existing building sits towards the back of the property
away from the street frontage, and it is fronting onto Old Irvine Boulevard, which
is not the major thoroughfare. Willkom added, City staff believes that the
proposed Master Sign Plan is consistent and compatible with the style, design
and size of the building.
Higuchi Higuchi asked for clarification regarding the Master Sign Plan being required
because of the deviations. If not for the deviations, he asked if the Master Sign
1
Minutes—Planning Commission April 12,2022—Page 3 of 6
I
Higuchi Plan would have been presented to the Commission. Higuchi also asked the
applicant when the store would be opening.
Wlllkom Willkom confirmed Higuchi's previous statement', regarding the Master Sign
Plan being presented to the Commission only if the proposal includes any
deviation to the Tustin Sign Code.
Mr. Matthew The applicant, Matthew Baca, stated construction of Aldi has begun, but they
Baca are not yet ready to announce a grand opening date. Mr. Baca stated that Aldi
would be opening its store in 2022.
Hurtado Hurtado confirmed no public comments were received.
Kozak Kozak thanked the applicant for the project application and for rejuvenating the
site for a useful service for the community. He commented on the proposal
being consistent and compatible with the scale of the building and architecture
and he looks forward to welcoming Aldi when the store opens.
Mason Mason echoed Kozak's previous comments and she also welcomed Aldi to the
community. She thanked Salman for the presentation and she did understand
the need for the item being presented to the Commission, given the
architectural design and the rationale of Aldi. She thanked the applicant for
being present and she was in full support of the Master Sign Plan.
Higuchi Higuchi thanked the applicant for vesting in the community and he thanked
Salman for the presentation. He agreed with Kozak in that the proposed Master
Sign Plan is cohesive with the architecture. Higuchi asked why the Master Sign
Pian was brought before the Commission. It would be great to have
modernization of the TCC where the Commission could avoid a lot of time on
the applicant's and staff's side presenting a Master Sign Plan.
Chu Chu concurred with Higuchi regarding the Master Sign Plan being brought to
the Commission, since that the item is a minor issue. She thanked Salman for
the presentation and to the applicant for investing into the city.
Mello Mello found the item interesting and thanked staff for presenting the item to the
Commission. He thought it was.great for the Commission to review the Master
Sign Plan as well as being able to correspond with the applicant on the status
of their project. Mello was in favor of the item.
Motion; It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4448.
Motion carried 5-0.
None. REGULAR BUSINESS.
Minutes—Planning Commission April 12,2022—Page 4 of 6
I
STAFF CONCERNS:
Willkom Willkom introduced the City's new employee, Raymond Barragan, Principal
Planner Consultant—Welcome Raymond! She also informed the Commission
that the City Council adopted a new resolution at their last meeting, changing
the start time of both the Council and Planning Commission meeting time to
7:00 p.m., beginning on April 26, 2022 (no longer 6:00 p.m.). Willkom also
Willkom wished everyone a Happy Easter!
COMMISSION CONCERNS:
Higuchi Higuchi thanked the Tustin Community Foundation (TCF) for the Paper
Football event held on March 26, 2022, which raised $11,000 to support local
non-profits and schools. He thanked Mason for her service as Chairperson and
good luck to Chair Mello. Higuchi made favorable comments towards Chuck
Puckett. He asked Willkom if hiring consultants will be the new trend for Tustin.
Willkom Per Willkom, the City is looking into ways and opportunities to fill the Principal
Planner position as a permanent full-time position.
Higuchi Higuchi added that there is a lack of talent out there, but he is glad to have the
folks we have at Tustin.
Mason Mason congratulated Mello on his new seat as Chairperson. She made
favorable comments regarding the current Commission, as well as Kozak for
his re-appointment as Chair Pro Tem. Mason also attended and participated
in TCF's Paper Football event. She mentioned the decades of stable service
from the past leaders in Tustin, specifically, Chuck Puckett and she aspires to
be like him. She also thanked staff for all that they have done, especially with
the many employee changes that have occurred, which staff made it seamless
to the Commission.
Chu Chu congratulated Mello and she made favorable comments towards Mason
for her great leadership as Chair. Thank you for all you have done.
Mello Mello also made favorable comments towards Mason and to Kozak for being
by his side. He also attended and participated in TCF's Paper Football event.
Mello thanked staff for all that they do.
Kozak Kozak expressed his praise for former Chair Mason in her leadership of the
Commission and to the City. He welcomed Chair Mello and looks forward to
continue serving as Chair Pro Tem. Kozak also attended and participated in
TCF's Paper Football event. On April 10, 2022 Kozak attended the Tustin Lions
Club fundraiser at Rock N' Brews.
Minutes—Planning Commission April 12, 2022—Page 5 of 6
6:58 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, April 26, 2022.
DAIE MELLC
Chairperson
J TINA L. 1P1,IILLKOM
Planning Commission Secretary
MInUtes— Planning Commission April 12, 2022—'Page 6 of 6
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MAY 10, 2022
7:00 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Eric Higuchi, Commissioner
Present ROLL CALL: Commissioners Chu, Higuchi, Kozak, Mason
Absent. Chair Mello had an excused absence.
PUBLIC INPUT:
Approved the CONSENT CALENDAR:
Consent
Calendar as
presented.
1. APPROVAL OF MINUTES—APRIL 12, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the April 12, 2022
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
Minutes—Planning Commission May 10, 2022—Page 1 of 3
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 Mason, seconded by Higuchi, to approve the Consent Calendar,
as presented. Motion carried 4-0-1. Chair Mello had an excused absence.
None. PUBLIC HEARING:
REGULAR BUSINESS:
Adopted 3. FISCAL YEAR 2022-2023 CAPITAL IMPROVEMENT PROGRAM
Reso. No. FINDING OF CONFORMANCE WITH THE GENERAL PLAN
4449.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4449 finding the
proposed FY 2022-2023 Capital Improvement Program in conformance
with the General Plan pursuant to Section 65401 of the California
Government Code.
There was dialogue among City staff and the Commission regarding the CIP
projects referenced in the report. The Commission requested additional project
updates from Public Works in the future.
Motion: It was moved by Chu, seconded by Higuchi, to adopt Resolution No. 4449, as
presented. Motion carried 4-0-1. Chair Mello had an excused absence.
STAFF CONCERNS:
Willkom No concerns.
COMMISSION CONCERNS:
Higuchi Higuchi attended the House of Ruth groundbreaking, and he looks forward to the
opening of the new 99 Ranch Market on First Street in 2023.
Mason Mason asked whether the City or business owner is responsible for the electrical
vehicle (EV)charger located at Off the Boat restaurant along Seventeenth Street.
Willkom Per Willkom, the EV charger at Off the Boat is funded by State grants and that
the property owner participates with the improvements at that location.
Kozak Kozak asked Willkom if there are any other EV charger City projects coming up.
Minutes-Planning Commission May 10, 2022-Page 2 of 3
Willkom In response to Kozak's question, many commercial centers are installing EV
chargers due to the high demand from the customers. As far as funding
availability, the State is providing grants to assist with the installation and
improvements of these facilities. The City is also in the process of installing EV
chargers for the City employees, which is part of an, upcoming City project.
Chu Chu thanked Nishiikawa for his response to the many questions from the
Commission, No concerns.
ADJOURNMENT:
7,51 p.m. The next regular meeting of the Planning Commission is scheduled for
Tuesday, May 24, 2022,
DA\AD J. MELLO, JW
Chairperson
JdSTINA L. WILLKOM
Planning Commission Secretary
Minutes—Ranning Commission May 10, 2022—Page 3 of 3
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MAY 24, 2022
7.00 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Lisa Chu, Commissioner
Present. ROLL CALL: Chair Mello
Commissioners Chu, Higuchi, Kozak
Absent. Commissioner Mason had an excused absence.
None. PUBLIC INPUT: Hurtado confirmed no public input was received.
Approved CONSENT CALENDAR:
the Consent
Calendar,
as
presented.
1. APPROVAL OF MINUTES — MAY 10, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the May 10, 2022
Planning Commission meeting, as provided.
Motion: It was moved by Chu, seconded by Higuchi, to approve the Minutes of the
May 10, 2022 meeting, as provided. Motion carried: 3-0-2*. Mason had
an excused absence. *Mello abstained from the vote due to his absence
from the previous meeting.
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:
Minutes—Planning Commission May 24, 2022—Page 1 of 10
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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 Kozak, to approve the Consent Calendar,
as presented. Motion carried 4-0-1. Mason had an excused absence.
PUBLIC HEARING:
Adopted 3. CONDITIONAL USE PERMIT (CUP) 2021-0030 AND DESIGN REVIEW
Reso. No. (DR) 2021-0016
4450, as
provided.
APPLICANT/ Hamid R. Mir, M.D
PROPERTY OWNER: Nalsh, LLC
220 Newport Center Drive, #11-282
Newport Beach, CA 92660
LOCATION: 17631 Seventeenth Street
ENVIRONMENTAL:
This project is Categorically Exempt pursuant to Section 15332 (Class 32)
of the California Environmental Quality Act (CEQA).
REQUEST:
A request to establish a new development plan for the construction of an
11,323 square foot, two-story medical office building located at 17631
Seventeenth Street.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4450 approving CUP
2021-0030, to authorize construction of a new development plan and DR
2021-0016, for building design and site layout for a new medical office
building located at 17631 Seventeenth Street within the Planned
Community— Commercial (PC-COM) District.
Barragan Presentation given.
Barragan Barragan stated City staff received one (1) letter of concern from a neighboring
property owner which included: lighting, landscaping, and the trash enclosure
location. He stated that the areas of concern will be addressed as follows: light
Minutes—Planning Commission May 24, 2022—Page 2 of 10
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Barragan poles are going to be required to have light shields to direct light away from the
residential zones and uses; landscaping will be maintained with certain existing
trees along the property (north/east property lines) and new landscaping will add
to screening; trash enclosures will not be located near any residential structures,
to the east - the trash enclosure will be located closest to the end of cul-de-sac
and adjacent to the carports for the condominiums.
Chu Chu's questions/comments generally included: whether the Commission is
supposed to make a finding that the development or construction of the
professional or general office use would be "more compatible" with surrounding
uses in the area than retail commercial uses on the subject property; and does
the project have to be "more compatible" or"equally compatible?
Willkom Willkom's response to Chu's questions generally included: the zoning of the
property is designated as Planned Community Commercial, which generally
allows retail and office uses; the district regulation indicates that should an office
use be proposed on the site, the Commission needs to look at the proposal and
via the CUP then make a determination that the office use will be more
compatible than a retail use; to assist the Commission, staff looked at the site
and the surrounding area; the proposal for a medical office is compatible with the
medical building located across Treehaven Lane; considering that the site is an
adjacent residential use, medical use would be more compatible in terms of
hours of operation as they are typical of an office use versus retail or restaurant
use being open late hours; staff also looked at the site design and building siting;
the proposal is designed so that the building is away from the residential area
and more towards the intersection; ultimately, staff considered the proposal to be
more compatible than retail use and thus the recommendation to the
Commission; and staff included several findings for the determination which were
included in the proposed resolution.
Higuchi Higuchi asked if there was ever a grease interceptor on the property previously
and asked when the development application was submitted originally.
Willkom Per Willkom, there must have been a grease interceptor on the property
previously since the site was a restaurant. Staff did not have the information at
that moment as to when the development application was submitted.
Kozak Kozak toured the project site and he felt it was an appropriate use of that vacant
property. He made favorable comments regarding the new landscaping and
screening to the east and the north, and was pleased the mature trees on-site
will be maintained. Kozak was pleased to find out that there will be light shields
to take care of the lighting concern.
Mello Mello echoed Kozak's comments regarding the trees (screening). He questioned
the photometric plans and asked whether the photometric plan considered the
screening provided by the trees. Mello also asked why the need for organic waste
recycling on a medical facility.
Minutes—Planning Commission May 24, 2022—Page 3 of 10
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Barragan Per Barragan, the lighting levels shown on photometric plans is without the trees.
He explained the organic waste recycling is a State requirement. Also, the
organic waste recycling is not related to any biological waste and it is a
completely separate process handled inside the building which is governed by
Cal/OSHA and Centers for Disease Control and Prevention (CDC). Barragan
added that the applicant will enlist a vendor to properly dispose of any biological
waste.
Higuchi Higuchi asked Barragan for examples of the types of organic waste being
disposed of in the outdoor bins.
Barragan Barragan explained that the types of organic waste could be any landscaping
material, lunch scraps, etc. Again, it is a State requirement that the bins be
located on the project site.
7.28 p.m. Mello opened the public hearing and invited public input.
Hurtado Hurtado confirmed no public input was received.
Mr. Mike Mr. Mike Schaeffer, architect for the project, was present to answer questions of
Schaeffer the Commission.
Chu Chu asked if the property owner had any other development ideas for the project
site, other than the proposed commercial. She asked, being that the project site
was formerly a restaurant, why a professional/medical building was being
proposed, especially since she understood the owner does not have any other
tenants in the building. Chu wanted to understand why the property owner would
get rid of a restaurant building in place of a professional/medical building.
Mr. Mike Mr. Schaeffer stated that the project is being developed by a physician who has
Schaeffer his own practice, which will locate the medical practice in the building as well as
other physicians, such as physical therapy, and other modalities associated with
that type of medical practice.
Mello Mello asked about the types of medicine being practiced inside the building and
how much of the building space the applicant would be using. He also asked
when work would begin on-site.
Mr. Mike Mr. Schaeffer stated that the applicant is an orthopedic surgeon so typically there
Schaeffer would be medicines associated with physical therapy or other modalities. He
further explained that between the applicant's practice and the procedures he
conducts, he will more than likely be using seventy-five (75) percent of the
building space, along with the other physicians joining him. Per Mr. Schaeffer, if
the project is approved, with the City's approval process, the applicant plans to
start work as soon as possible.
7.33 p.m. Mello closed the public hearing.
Minutes—Planning Commission May 24, 2022—Page 4 of 10
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Higuchi Higuchi made favorable comments to the applicant for investing in the City of
Tustin.
Chu Chu made favorable comments regarding the design of the project and the
modern look. She did have some concern with the project site and stated that
personally she feels that there could be multiple family buildings and it could be
more compatible to the surrounding residential areas due to the current housing
crisis.
Kozak Kozak added his support to his fellow Commissioners comments and he looks
forward to the opening of the new building.
Mello Mello understood the housing crisis problem, and stated that the site is not zoned
for housing. It is a great project for the proposed parcel, which has been vacant
for many years. He was in support of the item and also thanked the applicant for
investing in the City of Tustin.
Motion: It was moved by Mello, seconded by Higuchi to adopt Resolution No. 4450, as
presented. Motion carried 4-0-1. Commissioner Mason had an excused
absence.
Adopted 4. CODE AMENDMENT 2022-0002 (ORDINANCE NO. 1524) - (CODE
Reso. No. STREAMLINING AND IMPROVEMENT PROGRAM)
4452, as
presented.
SUMMARY:
This Project is a City-initiated request to amend Tustin City Code (TCC)
Article 3 (Business Regulations), Article 5 (Public Safety) and Article 9
(Land Use). The City's Strategic Plan identifies development streamlining
as one of its goals. The proposed Code Amendment also streamlines
the entitlement process in order to increase effectiveness and efficiency.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4452,
recommending that the City Council adopt Ordinance No. 1524, amending
Part 3 of Chapter 6 of Article 3 (Business Regulation), Section 5502 of
Chapter 5 of Article 5 (Public Safety) and various sections of Article 9
(Land Use)of the TCC relating to the Code Streamlining and Improvement
Program to provide clarity, consistency of terms and definitions, and
compliance with State law.
Huitron Presentation given.
Higuchi Higuchi asked when the Commission would revisit the code amendments and
what the limits of amending the codes would be before triggering CEQA (i.e. the
Minutes—Planning Commission May 24, 2022—Page 5 of 10
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Higuchi City's residential zoning code minimum lot size is 10,000 square feet. Could the
City amend the code to 5,000 square feet?)
Huitron Per Huitron, it takes a lot of staff time to revise the zoning code. Any future clean-
up of the zoning code will be brought back to the Commission in either July or
August, which will be on focused topics than what was presented that evening.
She added that staff would bring back a variation of code amendments, similar
to this item, towards the end of the year. Huitron added that at this point, staff is
focusing on code amendments that would not trigger CEQA.
Hurtado Hurtado confirmed no public input received.
7.47 p.m. Mello opened/closed the public hearing.
Higuchi Higuchi thanked staff for hearing his complaints, since he has been a
Commissioner, regarding items coming before the Commission (i.e. Casa De Sol
and the CUP needed for a mural). He had concern with the amendment in
Section 61 of the proposed Resolution No. 4452. It leaves discretion for staff and
there is no finality on streamlining. Higuchi thanked Huitron for her work on this
great task.
Kozak Kozak thanked staff for their hard work and he was in favor of the item and
supportive of the action.
Chu Chu also echoed Kozak's favorable comments.
Mello Mello also echoed his fellow Commissioners for their favorable comments. He
was also in support of the recommended action.
Motion: It was moved by Kozak, seconded by Chu, to adopt Resolution No. 4452, as
presented. Motion carried 4-0-1. Mason had an excused absence.
Adopted 5. CODE AMENDMENT 2022-0001 (ORDINANCE NO. 1523) - (SENATE
Reso. No. BILL 9 — TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN
4451, as LOT SPLITS)
amended.
SUMMARY:
This project is a City-initiated request to amend Chapter 2 (Zoning) and
Chapter 3 (Subdivisions) of Article 9 (Land Use) of the Tustin City Code
(TCC) to regulate qualifying Senate Bill 9 (SB 9) two-unit residential
developments and urban lot splits within single-family residential zones in
accordance with California Government Code Sections 65852.21 and
66411.7.
Minutes—Planning Commission May 24, 2022—Page 6 of 10
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RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4451,
recommending that the Tustin City Council adopt Ordinance No. 1523,
amending Chapter 2 (Zoning) and Chapter 3 (Subdivisions) of Article 9
(Land Use) of the TCC to regulate qualifying SB 9 two-unit residential
developments and urban lot splits within single-family residential zones in
accordance with California Government Code Sections 65852.21 and
66411.7.
Huitron Presentation given.
Huitron Since this is a Public Hearing item, Huitron informed the Commission that staff
received a phone call from Kenneth Lee that day and the person stated they were
in support of SB 9 Ordinance. Staff also received written correspondence from
California Renters Legal Advocacy and Education Fund which was provided to
the Commission and posted on the City's website that day. Staff reviewed the
letter and coordinated with the City Attorney's office and as a result, staff was
proposing revisions to the ordinance (Pages 11 and 16 of the ordinance)that was
provided in the report, which were also provided to the Commission at the dais.
Staff recommended the Commission approve incorporating the revisions in their
motion of this item.
Higuchi Higuchi referred to the staff report (Page 91 of the meeting packet) with regards
to HOA's and SB 9 developments and asked Huitron if it was legal theory or case
law and if HCD ruled on it. Higuchi also asked if the City is required to post SB
9 information on the City's website.
Daudt Per Daudt, HOAs limitation on SB 9 developments have not been developed
through case law, but initially, ADU laws were enacted and were silent as to
whether or not HOA's were able to regulate the siting of ADU's. At that point, it
was interpreted by HCD that the local CC&R's would still control the HOA's areas
and in subsequent years, there were amendments to the ADU laws to make it
clear that HOA's are now prohibited from imposing any limitations on ADU's.
Daudt added, as the statute exists currently, it is likely that similar amendments
were to occur with SB 9 units, but for now the legislation is silent as to whether
or not an HOA can prohibit the development of SB 9 units. The HCD has issued
guidance acknowledging that an HOA would be able to restrict the siting of SB 9
units within the community.
Huitron Per Huitron, due to the many complexities related to SB 9, and although not
required by the City, the City's website does contain SB 9 information.
Higuchi Higuchi asked for the number of requests the City has received regarding filing a
parcel map for SB 9. With the Commission making a recommendation on this
item, and if the City Council did not adopt SB 9, what exposure would the City
have?
Minutes—Planning Commission May 24, 2022—Page 7 of 10
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Huitron Per Huitron, the City currently has one (1) project under review—a request for an
urban lot split and a two-unit development combination located on a corner lot.
This particular lot is a good location for a subdivision since the lot is accessible
from the side street. Although a two-unit development, it looks like a two-story
home.
Daudt Daudt explained that if the City does not enact a local ordinance, the default is
the State's SB 9. An applicant, by right, would be able to apply for an SB 9 unit
following the State's statute. What is included in the proposed ordinance is what
the State law provides, but to the extent, the City is able to craft the regulations
to meet the local needs in development standards of the City of Tustin. Again, if
the City does not move forward with the local ordinance, applicants would simply
do what is required of State law (i.e. would not have specified height limitations,
front yard setbacks, etc.)which staff incorporated into the proposed ordinance.
Mello Mello asked about the HOA's having to amend their CC&R's, per SB 9, and if
they would also be able to modify their design guidelines or if it would have to be
addressed through their CC&R's.
Daudt Daudt stated that it is within the purview of the HOA's and their attorneys to
determine how they would like to address SB 9. As of this time, the State
recognizes that it is within their purview to determine whether or not they want
SB 9 units developed within the community.
Mello Mello asked how the City plans on dealing with an applicant wanting to split their
lot and if the high-quality transit map provided in the report would be made
available on the City's website.
Huitron Huitron explained that the City has incorporated into the process, which staff is
currently developing alongside the proposed ordinance, a self-certification form
for the property owner to attest that they do have the authority to exercise SB 9
developments in their HOA's. Once the high-quality transit map is refined, to
ensure the boundaries are properly aligned, staff's goal is to add the map to the
SB 9 webpage.
Kozak Kozak thanked staff and consultants for developing the proposed ordinance.
Chu Chu asked for clarification that the Commission is only making a
recommendation to the City Council on the proposed ordinance and that it
seemed that not too many people were interested in taking advantage of SB 9,
per Huitron's comment made earlier on there only be one (1)application currently
for a lot split. She stated interest may increase with SB 9 if the Commission
forwards the item to the City Council.
8:18 p.m. Mello opened the public hearing.
Mr. Neil Mr. Neil Sherman, HOA member for Tustin Meadows, commented on his
Sherman concern with the lot splitting process through his CC&R's. Currently, the process
Minutes—Planning Commission May 24, 2022—Page 8 of 10
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Mr. Neil takes approximately sixty (60) days. He recommended the lot splitting process
Sherman go through an architectural control committee who could provide the review
capability almost immediately. This would allow the HOA to allow lot splitting or
else lot splitting would not be allowed in Tustin Meadows.
Ms. Cecilia Ms. Cecilia DeHeras, general manager for Tustin Meadows, commented on the
DeHeras following, in general: she received a recommendation from the Tustin Meadows
attorney regarding SB 9 being silent on the issue pertaining to any provisions that
supersedes any HOA or CID governing documents; and, she recommended that
the Commission include in the ordinance that the ordinance does not supersede
any of the CC&R's, which would allow Tustin Meadows the time to update their
CC&R's with any upcoming laws or senate bills.
8:25 p.m. Mello closed the public hearing.
Higuchi Higuchi's final comments generally included: Referenced how State laws and
how the SB 9 Bill will affect the City of Tustin. Although the Commission is making
a recommendation to the City Council, by adopting the proposed ordinance, the
Commission's recommended action acknowledges controlling the destiny within
the City. Higuchi referred back to Daudt's explanation of adopting or not adopting
the proposed ordinance. His recommendation was to state on the City's website
that the law is silent on the HOA's and that the City is currently defaulting to
CC&R's until further interpretation is received from HCD.
Chu Chu asked what the Commission's legal obligation would be when adopting the
proposed ordinance.
Huitron Per Huitron, the proposed ordinance is designed for the City to be in compliance
with SB 9 and in addition, there are some additional examples of standards
mentioned previously (i.e. height and front yard setbacks)that the City of Tustin's
current Ordinance addresses and limits. Huitron further explained that if the
proposed ordinance were to be forwarded to the City Council, then adopted, the
ordinance would ultimately go into effect and the City's obligation would be to
follow the adopted Code. If the Commission did not recommend the proposed
ordinance be forwarded to the City Council, then the City would still be obligated
to implement SB 9 but refer to the language in the Government Code sections.
Huitron referred to the SB 9 (Table 1), which was included in the staff report.
Kozak Kozak's final comments generally included the Commission's task with SB 9
legislation and moving the item forward to the City Council. He was in support of
the recommended action.
Mello Mello's final comments generally included the State taking away local control, but
none-the-less, he was in support of the City having more control than less control.
Motion: It was moved by Higuchi, seconded by Chu, to adopt Resolution No. 4451, as
amended. Motion carried 4-0-1. Mason had an excused absence.
Minutes—Planning Commission May 24, 2022—Page 9 of 10
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None. REGULAR BUSINESS.
STAFF CONCERNS:
Willkom Willkom thanked staff and Daudt for all of their hard work on the items. On May
3, 2022, the City entered into an Exclusive Negotiating Agreement with Avalon
Bay for the development of 1,200 multi-family units at the Tustin Legacy of which
302 of those units will be set aside for affordable housing. This item will be
brought to the Commission at a later date.
COMMISSION CONCERNS:
Chu Chu had no concerns. She thanked staff again for the presentations.
Higuchi Higuchi thanked staff for the presentations and hard work. The City's Chili Cook-
Off will be on June 5, 2022.
Kozak Kozak echoed his fellow Commissioners favorable comments. On May 12,
2022, he was re-appointed to the OCTA Citizens Advisory Commission and
on May 20, 2022 he attended his granddaughter's high school graduation in
Temecula.
Mello Mello thanked staff for the presentations.
8:38 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, June 14, 2022.
Er�DOCn Signed by:
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6MBF005E13A455...
DAVID J. MELLO, JR.
Docu Signed by: Chairperson
ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission May 24, 2022—Page 10 of 10
MINUTES
VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JUNE 14, 2022
7:05 p.m. CALLED TO ORDER.
All present ROLL CALL: Chair Mello
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mason
None. PUBLIC INPUT: DiLeva confirmed no public input was received.
Approved CONSENT CALENDAR:
the Consent
Calendar, as
presented.
1. APPROVAL OF MINUTES— MAY 24, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the May 24, 2022
Planning Commission meeting, as provided.
Motion: It was moved by Kozak, seconded by Chu, to approve the Minutes of the
May 24, 2022 Planning Commission meeting. Mason abstained from the
vote due to her absence from the previous meeting. Motion carried 4-0-
1.
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.
Minutes—Planning Commission June 14,2022—Page 1 of 2
Motion.- It was moved by Mason, seconded by Kozak, to receive and fide the item. Motion
carried 5-0.
None. PUBLIC HEARING.
REGULAR BUSINESS:
Willkom PRESENTATION- City of Tustin New Brand and Logo
STAFF CONCERNS:
Willkom Wilikom did not have any concerns.
COMMISSION CONCERNS:
Mason Mason's daughter received a student of the year award for AP U.S. History. She
also commended City staff for collaborating on the new City brand and logo.
Chu Chu also commended City staff for the new City brand and logo.
Higuchi Higuchi echoed his fellow Commissioner's comments regarding the City brand
and logo. He also commended the City for the great Chili Cook-off event, which
was held on June 5, 2022.
Kozak Kozak shared with the Commission: June 14, 2022 (Flag Day), which started
June 17, 1777 and June 6, 1944 (D-Day Normandle Invasion). He attended the
following: Memorial Day Remembrance at Veteran's Park, Chili Cook-off, and
Concerts in the Park at Pepper Tree.
Me//0 Mello thanked his fellow Commissioners for their comments and to City staff for
the presentation. Special thanks to DiLeva for assisting the Commission with
the technical difficulties at the beginning of the meeting.
ADJOURNMENT:
7:22 p.m, The next regular meeting of the Planning Commission is scheduled for
Tuesday, June 28, 2022.
DAVID J. �EIILLO, JR.
Chairpe�sbn
JU6tINA L. WILLKOM
Planning Commission Secretary
Minutes—Piannung Commission June 14, 2022—Page 2 of 2
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JULY 12, 2022
7:05 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Chu
Present ROLL CALL: Chair Mello
Commissioners Chu and Mason
Absences Commissioner Higuchi and Chair Pro Tem Kozak had excused absences.
None. PUBLIC INPUT: Hurtado confirmed no public input was received.
Approved CONSENT CALENDAR:
the Consent
Calendar, as
presented.
1. APPROVAL OF MINUTES —JUNE 14, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the June 14, 2022
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
Minutes—Planning Commission July 12, 2022—Page 1 of 9
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 Chu, to approve the Consent Calendar, as
presented. Motion carried: 3-0-2. Higuchi and Kozak both had excused absences.
PUBLIC HEARING:
Adopted 3. CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526) — (OUTDOOR
Reso. No. DINING AND SEATING)
4454, as
presented.
SUMMARY
This Project is a City-initiated request to amend Tustin City Code (TCC)
Article 9 (Land Use). The proposed Code Amendment 2022-0003 is an
update to TCC Section 9277, the City's outdoor dining regulations. The intent
of this amendment is to increase restaurants' ability to provide outdoor dining
and seating areas while maintaining an attractive design and protecting the
public interest. The subject amendment is a response to changes in resident,
business owner, and patron preferences since the onset of the COVID-19
pandemic. If adopted, this amendment will terminate the Temporary Outdoor
Dining, Retail, and Assembly Uses Program set to expire on September 30
2022.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4454, recommending
that the City Council adapt Ordinance No. 1526, amending Section 9277 of
Chapter 2 of Article 9 (Land Use) relating to outdoor dining to provide
increased flexibility for restaurants to establish and offer outdoor dining and
seating areas to customers.
Maldonado Presentation given.
Mason Mason commented on the vacant lots in Old Town Tustin and the owners not
developing those lots. She referred to the vacant lot next door to the Chaak
restaurant as an example. Mason commented that people park illegally in this
vacant lot and the association with the demand for parking by diners frequenting the
area. Mason asked if there have been discussions with the vacant lot owners on
how to utilize those lots during the busy weekend times. Mason also suggested the
City could close off the streets in Old Town to support outdoor dining, which she
believes would bring more people into Tustin. Mason asked if there was anything
the City could do to support interim uses of the vacant lots so as to prevent illega
parking as more customers visit Old Town.
Minutes—Planning Commission July 12,2022—Page 2 of 9
Wilikom In response to Mason's questions/comments, Willkom stated that with the adoption
of the DCCSP in 2018, staff has conducted a study for potential development on
the vacant lots. However, to date the City still has not seen any development
moving forward and as such, the City Council has directed staff to look into
reassessment of the DCCSP and the RHASP. Staff was directed to work with a
consultant on strategies to incentivize development of these lots. She added that
staff recently prepared a Request for Proposal, per Council direction in order to
study the issues. Willkom also stated that the City Council recently approved the
City's budget which included public improvements to Old Town. The Public Works
Department is currently looking at potential parklets along El Camino Real and Main
Street, including provisions of removable bollards to close off streets in Old Town
for special events.
Mello Mello asked what exposure the City has regarding civil complaints for public
properties to be used for private enterprise on a quasi-permanent basis. He also
referred to page 3 of the proposed ordinance and the operational requirements -
Subsection H (no advertising). Mello asked when advertising is/is not allowed on
overheads and canopies. He requested clarification regarding a license agreement
being required in the public right-of-way, specifically if the agreement would allow a
restaurant to place their facility in the public right-of-way to provide areas where
alcohol can be consumed. Mello asked if the outdoor dining fixtures are considered
permanent or non-permanent improvements in the public right-of-way or if they are
affixed to or floating freely. He requested clarification whether license agreements
for use of the public right-of-way require a bond or other surety regarding the
removal of those improvements when the business leaves or no longer exists.
Kendig In response to Mello's previous questions, Kendig stated that the City takes a three-
prong approach to controlling its liability for allowing the public right-of-way to be
used in these ways. The first is requiring users of restaurants to have insurance and
to name the City as an additional insured. The liability insurance provides
indemnification and defense against the claim. The second is the indemnification if
no insurance or if the insurance has been exhausted, then the restaurants, or other
use, would agree to defend and indemnify the City. Finally, Kendig added, the City
maintains its own insurance which covers the publicly owned public right-of-way
and that is how the City controls the liability long-term.
Maldonado In response to Mello's question regarding the proposed ordinance, Maldonado
referred to Subsection H, which prohibits advertising for Outdoor Seating areas
only. The reason for that restriction is due to the lack of a requirement for a formal
submittal, review, or approval process for Outdoor Seating areas. Maldonado
stated that the applicant is not going to be submitting anything to the City, so the
restriction is intended to mitigate any potential excessive advertisement.
Maldonado For the Outdoor Dining areas, permanent construction, such as patio covers, will be
reviewed through the City's Design Review process. Maldonado stated that at that
time, any proposed signage would be reviewed for compliance with the City's
Minutes—Planning Commission July 12,2022—Page 3 of 9
Maldonado municipal code. Maldonado stated, that for Outdoor Dining areas, there are no
special provisions for signage and instead the use must follow the City's Sign Code,-:
Maldonado stated, in the public right-of-way, there could be either an Outdoo
Seating area, such as the seating area provided by American Grub in front of the
Tustin Area Museum, where the seating is not enclosed, or an Outdoor Dining area
that is fenced off with barriers such as the area in front of Chaak restaurant. The
State Alcohol Beverage Control (ABC) Department might allow the provision of
alcoholic beverages in enclosed outdoor dining areas, but in the case of an outdoor
seating area, which is not enclosed or fenced-off and only has tables and chairs,
ABC would not allow alcoholic beverages to be served since the restaurant does
not have control of that space.
Regarding outdoor dining areas, improvements in the public right-of-way are meant
to be removable in the event the City needs to use the street or sidewalk for a special
event or City activity. While the improvements need to be somewhat removable in
order to facilitate those activities, outdoor dining areas must have a defined space
to provide a sense of enclosure in place. Per the existing TCC, and the proposed
amendments, there is no specific provision requiring a bond with regards to the
improvements in the public right-of-way being removed if the business no longer
exists. However, the City has the capacity to enforce these improvements be
removed through the Code Enforcement Division.
7:34 p.m. Opened the public hearing.
Public in Support of Item #3: J
Ms. Kimberly Conroy, owner of the American Grub and the Swinging Door,
generally commented on her appreciation towards staff for their support of her
businesses.
Robin Andrews, resident, generally made favorable comments regarding her
support of the item.
Dave Scott, resident, shared his support of the item.
Eldy Galietle, resident, thanked the City for their support and she was in support of
the item.
Alfio Rossetti, Roma D'Italia, thanked the City for the support during the Pandemic
and to Maldonado for his presentation. He voiced his concern that restaurants in
larger shopping centers are able to use parking spaces for outdoor dining areas and
restaurants in Old Town cannot. He suggested that the City consider allowing
businesses in Old Town to use parking spaces for outdoor dining. He recommended
that a comprehensive parking solution be considered for Old Town rather than
piecemeal.
Minutes—Planning Commission July 12, 2022—Page 4 of 9
Paul Bellum, owner of Rutabegorz, thanked the City for the open parking and
outdoor patio dining during the COVID pandemic. He was in support of the item.
7:43 p.m. Closed the public hearing.
Mason Mason's final comments generally included: COVID had a massive impact on local
businesses and she thanked staff and the City for acting so quickly to support
Tustin's businesses; she hopes the innovation continues for the businesses; there
are different needs that need to be acknowledged (i.e. Alfio Rossetti's previous
comments); the City needs to look for long-term solutions; and she was in support
of moving the item forward to the City Council.
Chu Chu's final comments generally included: she thanked the audience in attendance
at the meeting; she liked the City's criteria for outdoor dining was simple to follow;
glad the outdoor dining option is being looked at as a permanent solution; she was
in support of the item; and Chu made favorable comments to Maldonado for the
very detailed report.
Mesio Mello concurred with his fellow Commissioners. Great points brought up from the
public. He was also in support of the item.
Motion: It was moved by Mason, seconded by Chu, to adopt Resolution No. 4454, as
presented. Motion carried: 3-0-2. Chair Pro Tem Kozak and Commissioner Higuchi
both had excused absences.
Adopted 4. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT
Reso. No. (SPA) 2022-0001
4453
APPLICANT: CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
SITE ADDRESS: PROPERTY OWNERS:
14042 NEWPORT AVE KIM MICHAEL
3701 WILSHIRE BLVD UNIT 820
LOS ANGELES, CA 90010
14002 NEWPORT AVE FEAST FOODS LLC
41760 IVY ST UNIT 201
MURRIETA, CA 92562
1122 EL CAMINO REAL YOON IN SIK AND YOON ANGELA
KWANG
13046 DESTINO LN
CERRITOS, CA 90703
Minutes—Planning Commission July 12, 2022—Page 5 of 9
1142 EL CAMINO REAL JC VETERINARY SERVICES INC
1142 EL CAMINO REAL
TUSTIN, CA 92780
APN: 532-064-05 AND
532-074-02 STATE OF CALIFORNIA
2501 PULLMAN ST.
SANTA ANA, CA 92705
LOCATION:
Development Area 6-C (DA-6C) of the Downtown Commercial Core Specific
Plan (see site addresses above).
ENVIRONMENTAL:
The proposed Specific Plan Amendment (SPA) 2022-0001 is not subject to
the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State
CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.)
because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.
REQUEST:
A request to amend the Downtown Commercial Core Specific Plan (DCCSP;
SP-12) to list "live/work units" as an allowable residential use in DA-6C
subarea.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4453, recommending
that the City Council adopt Ordinance No. 1525 approving SPA 2022-0001
to amend the Downtown Commercial Core Specific Plan (DCCSP; SP-12)
to list "live/work units" as an allowable residential use in Development Area
6C (DA-6C) subarea.
Carver Presentation given.
Chu Chu asked staff to explain the differentiation between mixed-use and the live/work
uses.
Carver In addition to the presentation provided, Carver provided a more detailed description
of mixed-uses and live/work uses. Prospect Village is a vertical mixed-use (vertical.
commercial use on the first floor and residential use on the second floor. Horizontal
Minutes—Planning Commission July 12,2022—Page 6 of 9
Carver residential units on one (1) part of a parcel —commercial use on another part of the
same parcel).
Willkom Willkom added that currently there are no horizontal mixed-uses in Tustin. She
mentioned Bella Terra in Huntington Beach as an example of horizontal mixed-use
where the commercial use is located separately from the residential (along the
intersections are all commercial use and behind it are residential uses). As for the
vertical mixed-use, Willkom explained it can be in a setting where commercial use
is on the ground floor and is completely separate from the residential use (i.e. The
Hill mixed-use development on Red Hill Avenue). The difference between the
vertical mixed-use and the live/work units are: live/work units do not have a separate
entrance or separate parking between the commercial use and residential use (i.e.
residents live within that unit and may use the ground floor for a small business or
coffee shop). The live/work units would be all-in-one.
Mello Mello asked if live/work use is not a subset of mixed-use and if it is considered to
be a more intense or less intense land use. He thought SB 330 did not allow the
City to use a less intense use and if so, asked if the City would be in violation of SB
330. Mello referred to the RHNA allocations and asked how SB 330 would apply to
RHNA and if SB 330 would impact the number of moderate units in the DCCSP.
Willkom In response to Mello's questions, Wilikom stated that live/work use is a subset of
mixed-use and it is a less intense land use compared to the vertical mixed-use. As
she stated previously, live/work use operates as a single unit where vertical mixed-
use operates as separate commercial from the residential units. Vertical mixed-use
would typically be restaurants, gym, dry cleaner, etc. and these would be completely
separate from the residential units above it. With the livelwork use, a person lives
in the unit and operates a business as well. Willkom explained that SB 330 identifies
that the City should not re-zone the property to allow lesser density. The SPA does
not change the density. The live/work use may be a less intense use, but the density
remains the same. With regards to the site, it is irregular in shape, adjacent to the
freeway and is a difficult site to design and develop. The purpose of the SPA is to
create another layer of flexibility by allowing live/work units and the City is hoping
with this amendment, the site can be designed with many of the flexibilities that the
SPA would offer.
5:10 p.m. Opened/Closed the public hearing.
Mason Mason's final comments generally included: favorable comments regarding the due
diligence staff has done with the SPA; she thanked Carver for the presentation; the
City is in line with SB 330; another unique opportunity to place housing on a blighted
piece of land; can potentially bring life to the land and bring in developers; and she
was in support of the Item.
Chu Chu's final comments generally included: very creative idea to attract more
developers to this vacant lot for possible housing and small businesses. She was
also in support of the item.
Minutes—Planning Commission July 12, 2022--Page 7 of 9
Mello Mello stated that this is the type of change Tustin needs. Great way to facilitate ani-,
capture development dollars. He was also in support the recommendation to the
City Council.
Chu It was moved by Chu, seconded by Mello, to adopt Resolution No. 4453, as
presented. Motion carried 3-0-2.
REGULAR BUSINESS:
Received& 5. SUMMARY OF PROJECTS
filed.
The Summary of Projects provides a high-level overview of projects and
activities processed through the Community Development and Public Works
Departments. The report focuses on the status of projects that the Planning
Commission, City Council, Zoning Administrator, or staff approved; historic
preservation projects; Code Enforcement activities; major construction and
improvement projects; and, other items of interest.
Maldonado Presentation given.
Chu Chu's questions/comments generally included: graffiti issue — she recommended
the City install a solar power stand-alone security camera system, which is widely
used in the construction industry; she suggested spending City funds in security-
cameras versus graffiti removal; and she thanked Maldonado for his presentation..
Mello Mello's questions/comments generally included: he was happy to see the renovated
Jack-In-The-Box on Newport Avenue; Housing Element (HE) - the State's possible
extension to 2025; and if the City can get the HE approved by October 15, 2022.
Huitron In response to Mello's previous question, Huitron stated that the City is on track for
review of the HE and hoping that it will be certified by October 15, 2022. Staff is
tentatively planning to bring the revised HE to the Commission on September 13,
2022 with a potential City Council date of October 4, 2022. Staff has completed live
editing sessions with the State's HCD (Housing and Community Development) staff
where staff demonstrated the edits made in response to HCD's findings.
Tentatively, HCD has provided positive feedback; however, their formal review is
not conducted until they actually receive the document. There is an assembly bill
that requires staff to post the revisions to the HE for seven (7) days on the City's
dedicated HE website, which will be posted on July 13, 2022. The notice of the
revisions will be sent, via email, to all interested parties and will then be available
for review. Formal documents will be submitted to HCD the following week.
Motion: Received and filed.
Minutes—Planning Commission July 12, 2022—Page 8 of 9
STAFF CONCERNS:
Willkom Willkom informed the Commission of Barragan's permanent position with the City
as Principal Planner, Congratulations Raymond!
COMMISSION CONCERNS:
Chu Chu thanked the City for the goodie bag received with the new City branding items.
Mason Mason commended Maldonado for his thorough presentation and the level of detail
he provided was very helpful. She also made a shout out to the new Tustin Costco
gas station. Reminder to everyone to attend Wednesdays Concerts in the Park.
Mello Mello commended staff on the Commission packet. He is seeing traction in the
City, thanks to everyone's effort! Congratulations to Barragan!
8.-36 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for Tuesday,
July 26, 2022.
DAVID.*I�ELLO, J��
Chairon
1 1 A
1PAI)IJ'Ah Uak'�
Jbq',rINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission July 12, 2022—Page 9 of 9
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. ROLL CALL: Chair Mello
Chair Pro Tem Kozak
Commissioners Higuchi, Mason
Absent. 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, 2022
Planning 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 2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
made. 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:
Minutes—Planning Commission August 9, 2022—Page 1 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.
PUBLIC HEARING:
Adopted 3. CODE AMENDMENT 2022-0004 (ORDINANCE NO. 1528) — DENSITY
Reso. No. BONUS ORDINANCE UPDATE
4455, as
presented.
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.
�J
Minutes—Planning Commission August 9, 2022—Page 2 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 Mr. Garay provided comments on parking requirements and concerns he had
Garay 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 3 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 ADUs1JADUs.
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& 4. LEGISLATIVE UPDATE —AUGUST 2022
filed.
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 4 of 5
COMMISSION CONCERNS:
Mason Mason mentioned g,raffiti, 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 communfty.
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.
DAVID J ELLO, JR.
Chairperson
,111,L" JA
JUWNA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission August 9, 2022— Page 5 of 5
MINUTES
COUNCIL CHAMBER& VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
AUGUST 23, 2022
7:00 p.m. CALL TO ORDER
Given. PLEDGE OF ALLEGIANCE: Chair Mello
All present. ROLL CALL: Chair Mello
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mason
None. PUBLIC INPUT:
CONSENT CALENDAR:
1. APPROVAL OF MINUTES —JULY 12, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the July 12, 2022
Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public comments were received regarding Item #1.
Motion: It was moved by Mason, seconded by Chu, to approve the Minutes of the July
12, 2022 Planning Commission meeting. Motion carried 3-0-2. Higuchi and
Kozak abstained from the vote due to their absence on July 12, 2022.
2. APPROVAL OF MINUTES —AUGUST 9, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the August 9,
2022 Planning Commission meeting, as provided.
Hurfado Hurtado confirmed no public comments were received regarding Item #2.
Motion: It was moved by Higuchi, seconded by Kozak, to approve the Minutes of the
August 9, 2022 Planning Commission meeting. Motion carried 4-0-1. Chu
abstained from the vote due to her absence on August 9, 2022.
Findings made. 3. 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.
Agenda—Planning Commission August 23, 2022—Page 1 of 4
RECOMMENDATION:
Make the following findings by a majority vote of the Planning
Commission:
F '}
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 were received regarding Item #3.
Motion: It was moved by Higuchi, seconded by Mason, to receive the findings detailed
within the agenda report. Motion carried 5-0.
PUBLIC HEARING:
Item 4. CONDITIONAL USE PERMIT (CUP) 2022-0009
Continued to
the September CUP 2022-0009 is a request to allow the operation of an out-patient
27, 2022 treatment and counseling center (Comprehensive Treatment Center or
meeting. CTC) for opioid use disorder utilizing medicated-assisted treatment
(MAT) in combination with counseling and behavioral therapies within
an existing 10,610 square foot vacant tenant space located at 535 E.
First Street, Second Floor.
On August 15, 2022, the applicant submitted a request to continue the
public hearing. The applicant is requesting additional time to respond to
staffs questions and/or concerns before the City holds a public hearing
on the CUP.
RECOMMENDATION:
That the Planning Commission continue the public hearing on CUP 2022-
0009 to its September 27, 2022 regular scheduled meeting.
Mello Mello stated that, although there would be no discussion or staff presentation on
Item #4, the item was publicly noticed, therefore public input could be received;
otherwise, the. public could speak on the item at the September 27, 2022
meeting.
7.•0&p.m. Opened the Public Hearing.
Monica, owner of Monica's Daycare on Lillian Way and Holt Avenue in Tustin,
voiced her concern with regard to the proximity of the daycare and the proposed . .
project site, possible loitering issues, and the safety of the daycare families.
Agenda--Planning commission August 23,2022--Page 2 of 4
Barragan Barragan stated, for the record, that public input received via email and at the
public counter prior to the meeting was provided to the Commission. Those
opposed cited security concerns, safety concerns, and incompatibility with the
surrounding uses. He added that two (2) phone calls were received and one (1)
resident visited the public counter at City Hall with the same concerns and
questions regarding the proposed project.
7:09 p.m. Closed the Public Hearing.
Mason Mason asked staff to explain to the public what the process was going to be and
when would more detail be made available to the public since the item is being
continued to the September 27, 2022 meeting.
Barragan In response to Mason's previous questions, Barragan stated that the agenda
report and all related documents, will be provided on the City's website (under
Meetings/Agendas).
Huifron Huitron clarified options for the public's input/attendance: attend in-person,
participate via Zoom, or via the City's website (Granicus) at the September 27,
2022 meeting. The public is also welcome to provide input anytime between
now and the September 27, 2022 meeting. Staff is in the process of preparing
the agenda report, but the agenda report will be made available to the public at
least 72 hours in advance of the September 27, 2022 meeting. Any member of
the public can also request a hard copy of the agenda report by contacting staff
or staff can send the public a link to the agenda report.
Mason Mason asked what type of information the public would find within the agenda
report.
Daudf In response to Mason's question, Daudt stated that generally, the agenda report
will have an overview of the project, proposal by the applicant, a description of
the building/operation, an analysis of how the proposed use diverges from the
Tustin City Code requirements, and a recommendation from staff to approve the
project as proposed, approve the project with conditions, or deny the project as
proposed.
Higuchi Higuchi asked if a CUP is subject to Planning Commission approval or would it
be a recommendation to the City Council.
Willkom Per Higuchi's previous questions, Willkom stated that the CUP will be final at the
Commission level, unless appealed to the City Council.
Kozak Kozak disclosed receiving a contact from a business owner within the proposed
project area expressing concern about the proposed project.
Mello Mello asked staff to confirm that the comments provided by the public before
and during the meeting, will be provided at the public hearing on September 27,
2022.
Willkom Willkom confirmed that yes, all public comments provided for this meeting will
be part of the public hearing on September 27, 2022 meeting.
Agenda—Planning Commission August 23,2022—Page 3 of 4
Huitron Huitroin also added that anyone who provided public input during the meeting
are welcome to return and speak at the September 27, 2022 meeting during the
public hearing.
Motion: It was moved by Mason, seconded by Chu, to continue the item to the
September 27, 2022 meeting. Motion carried 5-0.
None. REGULAR BUSINESS
STAFF CONCERNS:
Willkom Willkom had no concerns.
COMMISSION CONCERNS:
Chu Chu thanked staff for the agenda packet and she looks forward to addressing
the continued item on September 27, 2022.
Kozak Kozak completed the online Public Service Ethics Training on August 20, 2022.
On September 21, 2022, the Community Services Commission, is scheduled to
select a name for a new dog park at Tustin Legacy. The community can submit
suggested names of the new dog park at wyvw.tustinca.org/dogPgrk
Higuchi Higuchi had no comments or concerns.
Mason Mason had no comments or concerns.
Mello Mello had no comments or concerns.
ADJOURNMENT:
7116 p.m. The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 13, 2022.
DAVID J,AELLO,
yj
Chairperson
JU$fINA L. WILLKOM
Planning Commission Secretary
Agenda—Planning Commission August 23,2022—Page 4 of 4
i
i
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
SEPTEMBER 13, 2022
7.00 p.m. CALL TO ORDER
Given. INVOCATION: Pastor Dane Counts, King's Way Foursquare Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Mason
All present ROLL CALL: Chair Mello
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mason
None, PUBLIC INPUT:
Approved CONSENT CALENDAR:
the Consent
Calendar, as
presented.
1. APPROVAL OF MINUTES —AUGUST 23, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the August 23,
2022 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
Minutes—Planning Commission September 13, 2022--Page 1 of 3
c. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
I
Motion: It was moved by Mason, seconded by Higuchi, to approve the Consent Calendar,
as presented. Motion carried 5-0.
PUBLIC HEARING:
Adopted 3. GENERAL PLAN AMENDMENT (GPA) 2022-0002 - (HOUSING
Reso. No. ELEMENT UPDATE REVISIONS)
4457, as
presented. GPA 2022-0002 is an update to the adopted Housing Element (GPA
2021-0002) in response to the State Department of Housing and
Community Development (HCD) review to comply with State Housing
Element law. The recommendation provided by the Planning
Commission at its September 13, 2022 meeting, will be forwarded to the
City Council for consideration during its October 4, 2022 meeting. City
staff will subsequently transmit the revised adopted Housing Element to
HCD by October 15, 2022.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4457,
recommending that the City Council approve GPA 2022-0002, updating
the Housing Element to comply with State Housing Element law.
Huitron Presentation given.
Opening Commission discussion generally included favorable comments to staff, along
comments/ with general questions/comments related to the Housing Element revisions. Staff
questions. and the City Attorney provided additional feedback to the Commission including
Huitron, who referred to various sections of the Housing Element document to
further answer the Commission's questions.
7:28 p.m. Public Hearing opened.
Public Input:
1. Andrew Meling, Southwest Carpenters
7:29 p.m. Public Hearing closed.
Closing The Commission collectively commended staff for their hard work with the
comments. Housing Element revisions. Staff provided additional responses and information
to the Commission's questions regarding the Housing Element.
Minutes—Planning Commission September 13,2022--Page 2 of 3
Motion: It was moved by Higuchi, seconded by Chu, to adopt Resolution No. 4457, as
presented. Motion carried 5-0.
None. REGULAR BUSINESS
STAFF CONCERNS:
Barragan Barragan introduced Community Development's newest Assistant Planner, Jose
Jara, to the Commission. Welcome Jose!
COMMISSION CONCERNS:
Chu Chu had no concerns. She made favorable comments to City staff for tonight's
Public Hearing item.
Mason Mason's comments generally included-, de-mystifying the process of
development; she would love to see more outreach in the community; and she
suggested staff try to rally residents in to City Hall via Tustin Tiller Days along
with educating people (i.e. NextDoor to direct residents on the process).
Kozak Kozak concurred with his fellow Commissioners regarding the Housing Element
project.
H:iguchi Higuchi had no concerns.
Mello Mello made favorable comments to staff. He stated more public involvement
needed (i.e. social media) with regard to City projects.
7:55 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 27, 2022.
DAVID J. MELLO, Jr
Chai rp4sfon
JUS INA L. VVILLKOM
Planning Commission Secretary
Minutes—Planning Commission September 13,2.022—Page 3 of 3
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
SEPTEMBER 27, 2022
7.04 p.m. CALL TO ORDER
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Higuchi
All present. ROLL CALL: Chair Mello
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mason
None. PUBLIC INPUT
Approved CONSENT CALENDAR:
the Consent
Calendar,
as
presented.
1. APPROVAL OF MINUTES—September 13, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the September 13,
2022 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 Planning Commission has reconsidered the circumstances of
the state of emergency; and
c. Local health officials continue to recommend measures to promote
social distancing.
Minutes—Planning Commission September 27, 2022--Page 1 of 3
Motion: It was moved by Mason, seconded by Higuchi, to approve the Consent Calendar,
as presented. Motion carried: 5-0. -,
PUBLIC HEARING:
Item 3. CONDITIONAL USE PERMIT (CUP) 2022-0009— CONTINUED TO A
Continued DATE UNCERTAIN.
toaDate
Uncertain.
CUP 2022-0009 is a request to allow the operation of an out-patient
treatment and counseling center (Comprehensive Treatment Center or
CTC) for opioid use disorder utilizing medicated-assisted treatment (MAT)
in combination with counseling and behavioral therapies within an existing
10,610 square foot vacant tenant space located at 535 E. First Street,
Second Floor. The applicant is proposing to operate Monday through
Friday from 5:00 am to 2:00 pm and Saturdays from 6:00 am to 9:00 am. It
is expected that approximately 140 total clients would be served per day.
On September 20, 2022, staff received a request for a disability-related
reasonable accommodation modification to the City of Tustin's policies,
practices, and/or procedures to allow the applicant to establish the
proposed CTC pursuant to Section 35.130(b)(7)(i) of Title 28 of the Code of
Federal Regulations. Staff is reviewing the request for reasonable
accommodation and additional time is needed to complete the City's
assessment of the request. Due to the voluminous records submitted,
staff is requesting that the item be continued to a date uncertain.
RECOMMENDATION:
That the Planning Commission continue the public hearing on CUP 2022-0009
to a date uncertain.
Huitron Huitron informed the Commission that as of the date of the meeting, City staff,
City Council, and the Planning Commission were in receipt of several public input
statements in addition to a petition with signatures. Copies of written
correspondence were provided to the Commission.
7:09 PM Public Hearing Opened.
PUBLIC INPUT:
1. Tammie Bullard
2. Gitty Tamadon
3. Ian Carter(provided at the dais, a photo of the Santa Ana medical clinic.)
4. Paul Shaffer
5, Sharmein Bodini
6. Mariam Ellhaj
7. Victoria Leonard
8. Andrew Strank
9. Kim Paquette
Minutes—Planning Commission September 27, 2022—Page 2 of 3
10. Barbara Howell
11. Elizabeth Shaffer
12. Leticia (unknown last name and no Request to Speak form provided.)
13. Jacob Stone
14. John Garay (via Zoom)
T:48 p.m. Public Hearing Closed,
Motion.- It was moved by Mason, seconded by Kozak, to continue the item to a date
uncertain. Motion carried 5-0.
None. REGULAR BUSINESS
STAFF CONCERNS:
Willkom Willkom had no concerns,.
COMMISSION CONCERNS:
Clavi Chu thanked those in attendance for speaking at the meeting,
Mason Mason thanked those who spoke at the meeting,
Higuchi Higuchi echoed his fellow Commissioners comments. He also shared
information on the planned Historic Downtown Walking Tour to be held on
October 11, 2022 from 5:00 to 6:30, p.m..
Kozak Kozak thanked everyone for attending the meeting. He also thanked the Tustin
Police Department for their Open House held on September 171h. Kozak
reminded everyone of the Tustin Tiller Days event being held from September
30th through October 2,,d,.
Mello Mello thanked the Tustin Historical Society for the Home & Garden tour held on
September 24th. He also thanked everyone for attending the meeting.
T54 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, October 11, 2022.
DAVID." MELLO, JR.
cha"irperson
'JqINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission September 27, 2022—Page 3 of 3
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:
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.
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.
w
AMY MASON
Chairperson
JU l`INA L. WILLKOM
Planning Commission Secretary
Agenda—Planning Commission October 12, 2021 —Page 6 of 6
DocuSign Envelope ID:F864E7EA-2625-495F-ABAF-1826DA2F7D5B
MINUTES
COUNCIL CHAMBER& VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
OCTOBER 26, 2021
6:06 p.m. CALLED TO ORDER.
Given. INVOCATION: Father Bao Thai, St. Cecilia Church
Conducted. PLEDGE OF ALLEGIANCE.
All present. ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, and Mello
None. PUBLIC INPUT:
Hurtado Hurtado stated an e-Comment was received at 5:27pm, and was forwarded to the
Commission.
CONSENT CALENDAR:
Hurtado Hurtado confirmed there was no public input received for the Consent Calendar.
Approved 1. APPROVAL OF MINUTES—OCTOBER 12, 2021
the Minutes
of the
October 12,
2021
Planning
Commission
meeting.
RECOMMENDATION:
That the Planning Commission approve the Minutes of the October 12,
2021 Planning Commission meeting, as provided.
It was moved by Chu, seconded by Mello, to approve the Minutes of the
October 12, 2021 Planning Commission meeting.
Minutes—Planning Commission October 26,2021 —Page 1 of 6
DocuSign Envelope ID:F864E7EA-2625-495F-ABAF-1826DA2F7D5B
PUBLIC HEARING ITEM:
Adopted 2. CODE AMENDMENT 2021-0001 (ORDINANCE NO. 1517)—
Reso. No. ACCESSORY AND JUNIOR DWELLING UNITS (ADUs and JADUs)
4441.
SUMMARY:
Proposed Zoning Code Amendment to Chapter 2 of Article 9 of the Tustin
City Code (TCC), revising the City's regulations pertaining to Accessory
Dwelling Units (ADU) and Junior Accessory Dwelling units (JADU) in
compliance with 2019 Senate Bill (SB) 13 and Assembly Bills (AB)68, and
881 (collectively "ADU State Law"). The proposed amendments would
update regulations permitting the development of ADUs and JADUs in
conjunction with any residential development in all zones that allow single-
family and multiple-family dwellings.
ENVIRONMENTAL ANALYSIS:
The proposed code amendment is exempt from further environmental
review pursuant to the provisions of the California Environmental Quality
Act (CEQA), pursuant to the California Code of Regulations, Title 14,
Chapter 3, Sections 15060(c)(2) in that the activity will not result in a direct
or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) in that the activity is not a project as defined in Section
15378 because it has no potential for resulting in a physical change to the
environment, directly or indirectly. Additionally, pursuant to Section
21080.17 of the California Public Resources Code, CEQA does not apply
to the adoption of an ordinance by a city to implement the provisions of
Government Code Section 65852.150 et seq.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4441, recommending
that the Tustin City Council adopt Ordinance No. 1517, amending Chapter
2 of Article 9 of the TCC related to ADUs and JADUs in compliance with
State Law.
Dove Presentation given.
Mello Mello provided a scenario that if a person were to apply for a 1,600-sf
accessory structure on a single-family residential property and then later
requested to convert the accessory structure to an ADU using the provision
under the converted ADU definition; the person could then have an ADU
that is 1,600-sf in size thus circumventing the size limitations of the ADU
requirement. Mello referred to the maximum height of sixteen (16)feet for
a single-family ADU, the chart within the report showed the previous height
being twenty-five (25) feet, which was lowered to comply with the zoning
Minutes—Planning Commission October 26,2021 —Page 2 of 6
DocuSign Envelope ID:F864E7EA-2625-495F-ABAF-1826DA2F7D5B
Mello district. He asked for Dove to provide him with an example to have a better
understanding. Mello also referred to Table 1 of the report and guidelines
being developed and if those guidelines would be addressing design
guidelines and/or certain criteria per zoning district or per neighborhood.
Dove Dove confirmed that Mello's hypothetical scenario would be possible. In
response to his second question, Dove stated that the standards were
revised to allow for the height of the ADU to be consistent with the height
allowed according to the zoning. However, State Law requires ADUs
should be allowed, at a minimum, of sixteen (16) feet in height. Per the
design guidelines, the City is limited in some ways, but an objective
standard, such as compatibility of the architecture with the primary
resource, can be considered and staff may request that the applicant have
the same finish on the building, have same type of window openings, roof
style, etc.
Mello Regarding the design guidelines, Mello asked if the applicant would be
privy to what is expected of them prior to submitting an application.
Dove In response to Mello's previous question, Dove stated that the expectations
can be made available prior to the applicant submitting their application.
Mello Mello referred to the creation of an ADU and JADU within the report and
his comments/questions generally included: suggested the criteria for the
completed application be clear and concise; would the criteria be made
available to the applicants, and is the building permit issued upon
automatic approval; would CEQA provide a "deemed complete" letter to
the applicant; and he inquired on an efficiency kitchen, whether a cooking
preparation area and cooking area being defined as a specific type of
appliance or if it could be a microwave.
Reekstin In response to Mello's comments/questions, Reekstin stated that the City
has a plan to develop a handout for the public once the ordinance becomes
effective in January 2022, which will include basic information on what the
applicant should submit to the City. Staff is also working on design
guidelines for ADUs. Plans would be submitted through Plan Check then
to the Planning Division for review.
Huitron Huitron further addressed Mello's questions in general: the process will
work similarly to the current process: the ADU applicant submits an
application for a building permit which is a ministerial review process that
is initiated when the applicant submits a permit application to the Building
Division (i.e. similar to a tenant improvement or a remodel). The 60-day
review period is initiated when the applicant applies for a building permit
and there have been no issues addressing ADU applications and
associated reviews within the 60-day time limit.
Minutes—Planning Commission October 26,2021 —Page 3 of 6
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Dove Per Dove, regarding the cooking preparation area and cooking area, the
type of appliance could be a microwave or a small oven.
Chu Chu commended Dove on the presentation and she asked if the
Commission would get involved with the approval process.
Dove Per Dove, the Commission would typically not get involved unless there
was an appeal. The approval process is ministerial which means it is
handled by City staff.
Mason Mason asked if an applicant were to build a JADU, would they be subject
to the same requirements in terms of securing building permits as well as
approvals from the building inspectors (i.e., same approvals as home
renovations). She also deferred to Daudt regarding what would happen if
the Commission voted against the item. Also, how would City staff track
the volume or activity in determining if additional resources are necessary
to manage if the ordinance is adopted?
Daudt Per Daudt, under State law, if the City does not have a local ordinance
enacted, the City would default to the State's minimum standards.
Technically, an applicant could apply before the ordinance goes into effect
and begin the process of an ADU while local cities are getting their
ordinances in place. He added that the upside of the City having their own
local ordinance is that the City could then have control over a certain
number of areas that they would not be able to control otherwise. For
example, the City would then not be able to regulate height limitations and
objective design standards, which were discussed earlier in the meeting.
Staff will be working on standards to be made available to developers prior
to submittal. Without the implementation of the proposed ordinance, the
City could not create standards. With the ordinance in place, this would
"cleanup" the existing TCC provisions which would allow all requirements
to be in one place and will cause less confusion during the application
process.
Willkom In response to Mason's last question, Willkom stated that the ADU
Ordinance has existed since 2016 with the latest version effective in 2020.
So far, the City has received approximately ten (10) ADU applications
therefore per year, there had been no need for additional resources. In the
Housing Element, the City has forecasted thirty-five (35)ADUs for the next
eight (8) years based upon the past trend.
Hurtado Hurtado confirmed no public input was received.
Mello Mello's final comments generally included: he thanked staff for the work
involved with the resolution and ordinance; heightened awareness with the
need of housing in the State of California, specifically, the City of Tustin;
affordable housing has gotten worse; sad to see the need to implement the
Minutes—Planning Commission October 26,2021 —Page 4 of 6
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Mello State's mandate without the provisions that would have been preferred to
modify our local concerns; and he hopes with the new City Council the City
can look to be proactive with the future housing needs and all of the other
needs before the State decides to take control of those other needs as well.
Higuchi Higuchi also thanked staff for the presentation and he, too, was not in favor
of the State's mandate. He is hopeful the proposed ordinance will benefit
the City of Tustin (i.e.to keep families in Tustin). He asked staff to consider
ADUs in satisfying affordable inclusionary zoning requirements (i.e. new
development ADUs rent be below market rate).
Kozak Kozak thanked staff for the presentation. This is a step in the right direction
to response to the State mandate and he was in favor of the
recommendation.
Mason Mason's final comments included: poignant comments from Mello; the
need to look at the City of Tustin long-term; look at housing and parking
concerns as the City looks to create critical mass in Old Town; look at more
creative, innovative mixed-use with housing options in Tustin; and she
commended the work staff is doing and for the presentation.
Motion: It was moved by Higuchi, seconded by Kozak, to adopt Resolution No.
4441, recommending that the Tustin City Council adopt Ordinance No.
1517, amending Chapter 2 of Article 9 of the TCC related to ADUs and
JADUs in compliance with State Law..
None. REGULAR BUSINESS.
STAFF CONCERNS:
Willkom Willkom informed the Commission of the following upcoming events:
• Permit Parking Workshop— 10/28 at 6:00pm (via Zoom)
• Halloween Howl — 10/29 at Columbus Tustin from 3:00-5:00pm
• Dino Dash — 10/31 at 5:00am
• Mayor's Thanksgiving Breakfast— 11/18 at 7:00am
COMMISSION CONCERNS:
Higuchi No concerns.
Mello No concerns.
Chu Have a happy and safe Halloween!
Minutes—Planning Commission October 26,2021 —Page 5 of 6
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Kozak Kozak participated in the following events:
• OCTA Citizens Advisory Board Meeting - 10/19
• City Council Public Hearing "City Districting" - 10/25
Kozak will be attending the PDAOC Forum at the Nixon Library on 10/28.
Mason Mason is glad to be back with her fellow Commissioners and staff in the Chamber.
6:45 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, November 9, 2021.
DocuSigned by:
D3273B6D898A43D...
AMY MASON
Chairperson
DocuSigned by:
(�u 0 In)iQ�,c
ED45DA2623B54A5—
JUSTINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission October 26,2021 —Page 6 of 6
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
NOVEMBER 9, 2021
6:00 p.m. CALLED TO ORDER.
Given. INVOCATION: Reverend Tim Ellington, Aldersgate Methodist Church
Given. PLEDGE OF ALLEGIENCE: Steve Kozak, Chair Pro Tem
All present. ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, and Mello
None. PUBLIC INPUT.
Approved the CONSENT CALENDAR:
Consent
Calendar.
1. APPROVAL OF MINUTES — OCTOBER 26, 2021
RECOMMENDATION:
That the Planning Commission approve the Minutes of the October 26,
2021 Planning Commission meeting, as provided.
2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCE FOR MEETINGS
In orderforthe 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.
Minutes—Planning Commission November 9,2021 —Page 1 of 9
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Hurtado Hurtado confirmed no public input was received for the Consent Calendar.
Motion: It was moved by Higuchi, seconded by Mello, to approve the Consent
Calendar, as presented. Motion carried 5-0.
PUBLIC HEARING:
Adopted 3. CONDITIONAL USE PERMIT (CUP) 2021-0012, DESIGN REVIEW
Reso. No. (DR) 2021-0010 AND SUBDIVISION (SUB) 2021-0003 (TPM 2021-
4442, as 192)
amended.
APPLICANT: Allen J. Lynch
The Lynch Group
P.O. Box 2183
Manhattan Beach, CA 90267
PROPERTY OWNER: Kimer Patel
Rakshak Corporation
1062 Irvine Boulevard
Tustin, CA 92780
LOCATION: 1062 Irvine Boulevard
ENVIRONMENTAL ANALYSIS:
This project is categorically exempt pursuant to Section 15301 (Class
1) of the California Environmental Quality Act (CEQA) and SECTION
15331 (Class 31) of CEQA as projects which conform to the Secretary
of Interior's (SOI) Standards for the Treatment of Historic Properties
are considered mitigated to below the level of significance and are
therefore exempt.
REQUEST:
A request to remodel and convert an existing 785 square-foot drive-
thru dairy to a drive-thru coffee shop on a 10,592 square foot lot. The
existing drive-thru building is a historic resource identified in the City of
Tustin's Historic Resources Survey (2021) and the project includes
rehabilitation and modifications to the historic building and
preservation of the historic pole sign. The project also includes a
Tentative Parcel Map to legally subdivide the properties at 1062 and
1082 Irvine Blvd. in accordance with the Subdivision Map Act and to
dedicate public right-of-way on Irvine Blvd. along the project frontage.
Minutes—Planning Commission November 9,2021 —Page 2 of 9
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RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4442 approving
CUP 2021-0012, to authorize the remodel and conversion of the
existing 786 square foot Alta Dena drive-thru dairy to a drive-thru
coffee shop; DR 2021-0010, to approve the site planning and design
proposed for the project, and SUB 2021-0003, to formally subdivide
the properties at 1062 and 1082 Irvine Blvd. in accordance with the
Subdivision Map Act and to dedicate right-of-way to the City of Tustin
for the project located at 1062 Irvine Blvd.
6:06 p.m. PUBLIC HEARING ITEM OPENED.
Dove Presentation given.
Mr. Allen Mr. Allen Lynch, proposed project developer (applicant), provided his career
Lynch background and plans for the project. The applicant also described his
interaction with Starbuck's, the proposed new tenant, and their move onto the
site location. He commended Dove for her work done on this project as well.
Higuchi Higuchi asked whether there were any incentives to reduce vehicle parking
requirements when on-site storage for bicycle parking is provided.
Reekstin In response to Higuchi's question, Reekstin stated that although it would be
encouraged to provide bicycle parking or other alternative transportation
modes, the TCC does not allow for a reduction in required parking.
Chu Chu asked for further explanation from the applicant regarding his comment
on the project site being underutilized in order for her to identify other
properties in the City of Tustin that are considered underutilized and what
process was used to determine that the site was underutilized.
Mr. Allen The applicant's response to Chu's question generally included: there are
Lynch higher and better uses that could be developed on the project site that may
be more broadly community serving; "almost any development is 50 percent
data and 50 percent gut"; Tustin has a very successful retail corridor; a
number of properties were redeveloped in that area (i.e. Walgreens); and
there is an opportunity for a new business that may have a greater impact in
the community then what is currently at the project site.
Mello Mello asked if there are plans for alternative transportation parking (i.e. bike
racks)for the employees.
Mr. Allen The applicant's response to Mello's question generally included: the project
Lynch site is unique and small; needed to manage the stacking and circulation on-
site that Starbuck's creates; architectural elements of the project site (i.e.
butterfly roof, steel canopy, etc.) which create fixed points that the applicant
Minutes—Planning Commission November 9,2021 —Page 3 of 9
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Mr. Allen could not change; by the time the applicant laid out the circulation, provided
Lynch a reasonable amount of landscape, dealt with power/transformer, there was
not a lot of room left to work with; he is working with a retailer that is creative
and progressive, the applicant made it a priority to find a place for a van
accessible stall in order for Starbuck's to hire "across the board"; and the
applicant will continue to look into incorporating bike racks in the future, but
for now, there is no more room on the project site.
Mello Mello asked about staff's notification to 37 agencies and asked if the City
always sends notices to the neighboring agencies, particularly the City of
Irvine and the Irvine School District as the project is not located within their
jurisdictions. He also referred to Condition of Approval No. 4.2 within
Resolution No. 4442 and asked if the signage for the project would be going
back to the Commission for their consideration.
Dove Per Dove, the City provides notice to neighboring agencies when a parcel
map or a subdivision map is involved with a project because it is required by
the Subdivision Map Act (SMA). Also, when a map impacts an adjacent city,
the City will notify that city. All cities are required to do the same.
Willkom Willkom added that the SMA has provisions in which local agencies and utility
companies may request that the City share the subdivision proposal with
them. She informed the Commission of the City's notification process with
regards to projects similar to the one presented. Again, due to the SMA
provision, the City is required to notify them of this project. Signs in
compliance with the Sign Code do not need to be reviewed by the
Commission. Willkom added what has been conceptually shared with City
staff is that there may be some roof signs, which the current TCC does not
allow. City staff will continue working with the applicant to see if there is some
flexibility (i.e. Code Amendment) to allow such signage for a historic building
(i.e. unique development proposals). In that case, there could be the potential
that the signage could be brought back to the Commission for consideration.
Kozak Kozak commended the applicant and his team on the attention to detail with
this historic project site and he welcomed Starbuck's to the community.
Mason Mason's comments/questions generally included: a lot of development going
on in the project area; she was a former Starbuck's corporate employee;
favorable comments on the dairy refurbishment; concerned with the potential
traffic issue (i.e. stacking and flow); and she asked if a traffic study would be
conducted in the future.
Willkom Per Willkom, City staff and the applicant worked very hard to ensure there
would be no overflow of traffic from the project site onto the street. The Public
Works Traffic Division looked at the design and has worked with the applicant.
The travel lanes on Old Irvine Blvd.will be re-striped and will have a dedicated
right-turn lane to accommodate any stacking that overflows onto Old Irvine
Minutes—Planning Commission November 9,2021 —Page 4 of 9
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Willkom Blvd. In addition, there are dual lanes that will accommodate large orders or
mobile orders, which are popular (i.e. wait time will be less in the drive-thru
lane therefore customers can leave site quickly).
Mr. Allen Per the applicant, City staff and the applicant have been working on this
Lynch project and the first thing the applicant and his team did, was work with the
City's Traffic Engineer to address the concern of traffic overflow. He stated
that a dedicated turn lane was created which will allow for cars, during peak
hours, to stack along the curb which will not impact the existing flow of traffic.
The project site will accommodate 12-13 cars on-site. By creating a double-
exit lane and designing the radiuses on the drive-thru lane, the applicant was
able to address those concerns. Utilizing the pass-thru lane on the west side
of the site, to be used during peak hours, will accommodate any additional
cars on-site with a mobile handheld ordering system, similar to In-N-Out
Burgers, which has been incorporated into the Starbuck's operations plan.
The applicant added, in terms of on-site stacking, not only have they
exceeded the requirements of the TCC, but significantly exceeded and have
a separate operations plan for peak hour efficiency. The introduction of the
mobile app will give Starbuck's the ability to move cars faster through the site
by picking up orders from the ordering window rather than through the pick-
up window and leave the site sooner. Also, by creating the overflow lane,
cars can move out of the primary flow of traffic and will avoid excessive back-
up which should alleviate many of the concerns previously voiced by the
Commission.
Mason Mason also asked if there would be a walk-up window at the project site in
the future. It did not appear within the report that there was a safe pedestrian
access without vehicles.
Mr. Allen Per the TCC, the project site allows up to twelve (12) outdoor seats (patio
Lynch setting) without changing the overall parking ratio. The applicant and
Starbuck's looked at alternatives that would allow for walk-up service. Their
primary goal was to make certain the project site worked first, for what it was
intended to be, a drive-thru facility. In the future, there may be additional
pedestrians in that area, as technology changes. There are plans which will
allow the applicant to produce a walk-up service, if there is a need to do so.
At this point, the applicant wants to make sure Starbuck's has a safe, effective
drive-thru, as the primary use, then Starbuck's can consider a walk-up
service. If there is a need and a viable way to produce a walk-up service, the
applicant can return to City staff with plans.
Willkom Willkom pointed out Condition of Approval No. 2.4 which states that if, in the
future, should there be stacking or parking issues, City staff has the ability to
work with the applicant to come up with alternative measures to alleviate the
issues.
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Chu Chu stated she was in favor of Starbuck's moving onto the project site. She
asked if the existing owners or future owners are aware of the City's Historic
Preservation Program.
Mr. Allen The applicant stated there are many ways to deal with historic preservation
Lynch (i.e. building codes, different categories of historic preservation). He
mentioned the critical historical elements and considered whether we can
redevelop the current building in an efficient way while maintaining those
elements, which is why the applicant got his consultant (Janus) involved early
on in the project. The applicant's architectural team and Starbuck's
architectural team got together to figure out how to develop those elements
into the building. At this point, there is no need for the property owner or the
tenant to incorporate those elements since they have already created a very
well-planned efficient remodel. The existing operating owner of the dairy was
not aware of the historic elements of that building and he was concerned there
would be impacts to the development and the applicant stated he needed to
identify a tenant that would figure out how to work with the existing operating
owner and site.
Mason Mason asked about the neighboring business, DK Donuts and if it was owner
operated.
Mr. Allen The applicant stated DK Donuts was not owner operated, but a long-time
Lynch tenant property. He further explained to the Commission the history on the
tentative parcel map associated with the property. By creating physical
barriers between the two (2)businesses, it will improve parking and circulation
for everybody and both Starbuck's and DK Donuts are looking forward to
benefiting each other.
Hurtado Hurtado confirmed there was no public input regarding this item.
6:45 p.m. Closed the Public Hearing.
Mello Mello thanked staff and the applicant for working together to revitalize the
subject property. He was in support of the item.
Chu Chu also thanked staff and the applicant for the well-thought-out project.
Higuchi Higuchi stated he was excited for this great project. He commended the
applicant for working with the tenant and Starbuck's as well as commending
staff for preserving the architecture style of the project site.
Kozak Kozak thanked staff and the applicant. Extremely important project due to
the property's historic nature.
Minutes—Planning Commission November 9,2021 —Page 6 of 9
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Mason Mason thanked City staff and the applicant for maintaining the uniqueness of
the property and for maintaining a relationship with the DK Donuts tenant.
She asked that City staff monitor the area and traffic.
Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4442,
with the revisions to Conditions of Approval Nos. 2.1 and 2.4, as presented to
the Commission. Motion carried 5-0.
None. REGULAR BUSINESS.
STAFF CONCERNS:
Willkom Willkom reported to the Commission the following:
• 11/1: City Council adopted Ordinance No. 1518 establishing District
Election (four (4) Council Districts and one (1) mayor at large), which
will begin in November 2022. The district map has been published on
the City's website, along with a Press Release.
• 11/11: Veterans Day Celebration at Veterans Sports Park
• 11/18: Mayor's Thanksgiving Breakfast
COMMISSION CONCERNS:
Higuchi Higuchi asked if Commissioners would still be appointed by majority vote by
the City Council.
Willkom In response to Higuchi's question, Willkom stated that Commissioners
appointment by majority vote of the City Council is the current provision and
she was not sure if that would change with the 2022 District Election. She will
inform the Commission once she has more information.
Chu Chu asked if there will be a Commission meeting on November 23, 2021.
Willkom Willkom confirmed there will be a meeting on November 23, 2021.
Mello Mello attended a town hall meeting with the Tustin Meadows HOA about
revising their CC&Rs. He asked Daudt if he could comment on Senate Bill
(SB) 9 and the impact it may have on the common interest community with
HOA. Mello also attended a BIA Government Affairs meeting in October and
inclusionary housing was discussed. He asked his fellow Commissioners if
they would be interested in hearing more about inclusionary housing at a
future Commission meeting and possibly provide information to the City
Council from the Commission's perspective. Mello referred to the discussion
of SB 9 and SB 10 at the October 12, 2021 Commission meeting.
Minutes—Planning Commission November 9,2021 —Page 7 of 9
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Daudt Daudt stated SB 9 was a recently enacted State law which allows
development of up to two (2) residential dwelling units on any single-family
zoned parcel within any jurisdiction. As of now, SB 9 does not expressly
prohibit HOA's from precluding SB 9 developments. As the law is drafted
today, an HOA could amend their CC&R documents to preclude the
development of an SB 9 development, however; this outright exemption may
not last indefinitely given the State legislature's past practice of coming back,
at subsequent sessions, and peeling back those requirements (i.e. ADU law
initially was silent as to the ability of common interest developments and
CC&Rs to restrict those developments, but eventually that law was
amended.)
Willkom In response to Mello's comments regarding SB 9 and SB 10, Willkom asked
Mello if he would like those items to be agendized at a future Commission
meeting.
Mason Mason added, if SB 9 and SB 10 were not agendized, if there could be special
training.
Kozak Kozak thanked staff for all of their hard work in bringing matters to the
Commission. He attended the PDAOC Forum in Yorba Linda in early
November.
Higuchi Higuchi also asked if it would be appropriate for the Commission to address
the City Council on the Commission's thoughts regarding SB 9 and SB 10.
Possible future training with Daudt on inclusionary zoning and where the City
stands with SB 10.
Willkom Per Willkom, in order for the Commission to consider SB 10, SB 10 would
need to be agendized and likely will require an amendment to the TCC. City
staff will return to the Commission through a workshop or educational session
in the future. At that time, should the Commission decide to adopt an
ordinance, then City staff can come back to the Commission with a Draft
Ordinance.
Mason Mason thanked City staff and Dove for the presentation.
Mello Mello wanted to ensure both SB 9 and SB 10 would be addressed at a future
meeting.
Willkom Per Willkom, City staff will look at their workload and then schedule a time to
bring back both SB 9 and SB 10 to the Commission.
Minutes—Planning Commission November 9,2021 —Page 8 of 9
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7:04 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, November 23, 2021.
D/o/pc_u-Signedby-
AM-E
Y MASON
Chairperson
DocuSigned by:
� �. O��
ED45DA2623E354R5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission November 9,2021 —Page 9 of 9
i
MINUTES
VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION MEETING
NOVEMBER 23, 2021
i
6:02 p.m. CALLED TO ORDER.
All present. ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi and Mello
None. PUBLIC INPUT.
Hurtado Hurtado confirmed no public input was received.
Approved the CONSENT CALENDAR.
Consent
Calendar.
Hurtado Hurtado confirmed no public input was received regarding the
Consent Calendar.
1. APPROVAL OF MINUTES — NOVEMBER 9, 2021
RECOMMENDATION:
That the Planning Commission approve the Minutes of the
November 9, 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;
I
I '
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 Chu, seconded by Mello, to approve the Consent
Calendar as presented. Motion carried 5-0.
REGULAR BUSINESS:
Received & 3. TEMPORARY OUTDOOR DINING AND SERVICES
filed. PROGRAM UPDATE
SUMMARY:
A status update on the Temporary Outdoor Dining and Services
Program.
RECOMMENDATION:
That the Planning Commission receive and file this item.
Huitron Presentation given.
Chu Chu asked Huitron about the input received so far since the survey
was distributed.
Huitron Per Huitron, due to the variety of responses received so far and it is
too early to tell, as soon as the data is completed/closed (January 15,
2022) City staff will create a summary and provide it to the
Commission in early 2022.
Mason Mason made favorable comments regarding the survey.
None. PUBLIC HEARING.
STAFF CONCERNS:
Willkom Willkom reminded the Commission of the upcoming State of the City
which will be held on December 2, 2021 at the District at the Tustin
Legacy.
COMMISSION CONCERNS:
The Commission collectively made favorable comments regarding the
Tustin Mayor's Thanksgiving Breakfast, held on November 18, 2021,
Chair Mason, Chair Pro Tern Kozak and Commissioners H�i'giluchi and
Mello attended, They also wished everyone a happy Thanksgiving,
6:18 p.m. ADJOURNMENT-,
The next regular meeting of the Planning Commission is scheduled
for Tuesday, December 14, 2021.
AMY MP)S'6N
Chairpers8p
JOANA L. WILLKOM
Planning Commission Secretary
DocuSign Envelope ID:9CDE649A-12CB-4F1A-A4EC-47BOE6BA920D
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 orderfor 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
DocuSign Envelope ID:9CDE649A-12CB-4F1A-A4EC-47BOE6BA920D
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
DocuSign Envelope ID:9CDE649A-12CB-4F1A-A4EC-47BOE6BA920D
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
DocuSign Envelope ID:9CDE649A-12CB-4F1A-A4EC-47BOE6BA920D
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.
D/o/pc_u-Signedby-
AMY MASON
Chairperson
DocuSigned by:
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ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Minutes—Planning Commission December 14, 2021 —Page 4 of 4
ATTACHMENT B
PLANNING COMMISSION RESOLUTION NO. 4468
(2023 HCRA WORK PROGRAM)
RESOLUTION NO. 4468
A RESOLUTION OF THE TUSTIN PLANNING COMMISSION,
ACTING AS THE HISTORIC AND CULTURAL RESOURCES
ADVISOR, APPROVING A WORK PROGRAM FOR
CALENDAR YEAR 2023.
I. The Planning Commission, acting as the Historic and Cultural Resources Advisor
(HCRA) of the City of Tustin, finds and determines as follows:
A. That on November 6, 2018, the City Council adopted Resolution 18-78
affirming the Planning Commission as the HCRA to the City Council pursuant
to Tustin City Code 9252c and establishing a program defining the
Commission's roles, responsibilities and requiring an annual Work Program.
B. That on March 26, 2019, the Planning Commission initially established an
annual Work Program under the HCRA Program to set forth the goals and
objectives for the program on an annual basis.
C. That the Planning Commission desires to establish the goals and objectives
for the 2023 Work Program.
D. That the Planning Commission held a public meeting on February 28, 2023,
to consider the 2023 Work Program.
II. That the Tustin Planning Commission hereby approves the 2023 HCRA Work
Program attached hereto as Exhibit A.
III. That the Planning Commission authorizes the Community Development Director to
update the 2023 HCRA Work Program with minor amendments and/or expand or
modify it from time to time, as deemed necessary.
PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the 28th
day of February 2023.
DAVID J. MELLO, JR.
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
Resolution No. 4468
2023 Work Program
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4468 was duly
passed and adopted at a regular meeting of the Planning Commission, held on the 28th day
of February, 2023.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT A TO RESOLUTION NO. 4468
PLANNING COMMISSION ACTING
AS THE HISTORIC AND CULTURAL RESOURCES ADVISOR
2023 WORK PROGRAM
2023 HCRA Work Program Goals
1. Interactive Map of Historic Resources-Oversee the development of an interactive mobile app and/or
map on the City website that would allow the public to obtain information about historic resources by
clicking a button and/or link. Photo/DPR form which lists the significance of the historic resource will
be retrievable.
2. Expand content on historic preservation program webpage (i.e. historic survey, online mapping tool,
training tools etc.)
3. One (1) Commendation nomination.
4. Two (2) Historic Plaque Program nominations.
5. Collaborate with the recently appointed Arts Commission for possible inclusion of historical images
inspiration for future public art.
6. Each Commissioner shall receive a minimum of six (6)-hours of training, one (1) mandatory
introductory training for new Commissioners and one (1) refresher course for more seasoned
Commissioners.
7. Other matters as may be referred to the HCRA by the City Council or the Community Development
Director.
ATTACHMENT C
CITY COUNCIL RESOLUTION NO. 18-78
RESOLUTION NO. 18-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AFFIRMING THE PLANNING COMMISSION ACTING AS
HISTORIC AND CULTURAL RESOURCES ADVISOR PURSUANT TO TUSTIN
CITY CODE 9252c AND ESTABLISHING A PROGRAM DEFINING THE
COMMISSION ROLES, RESPONSIBILITIES AND ANNUAL WORK PROGRAM
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council hereby finds, determines and declares as follows:
A. That on June 20, 1988, the City Council adopted Ordinance No. 1001
establishing the City's Cultural Resources Overlay District and the City's
Cultural Resources Advisory Committee (hereinafter referred to as the
Historic Resources Committee as adopted by City Council Resolution 3991).
The Historic Resources Committee was formed with five (5) members
charged with acting solely in an advisory capacity to the City Council in
matters affecting the establishment of the Cultural Resources District,
designation of Cultural Resources, and liaison between residents, property
owners and the City Council.
B. That on July 31 , 1991, the City of Tustin became a California Certified Local
Government (CLG) pursuant to the National Historic Preservation Act of
1996, as amended in 1980.
C. That on May 1 , 2007, City Council adopted Ordinance 1332, which
consolidated the responsibilities of the Historic Resources Committee to the
Planning Commission in an effort to minimize impacts on City resources.
D. That on April 3, 2018, the City Council received public input from the Tustin
Preservation Conservancy requesting the Historic Resources Committee be
reinstated as a separate committee.
E. That on July 17, 2018, and October 8, 2018, City Council affirmed the
Planning Commission as the advisory body on historic and cultural matters
and directed staff to define the roles, responsibilities and work program for the
Planning Commission_
F. That on November 6, 2018, the City Council considered the Planning
Commission as Historic and Cultural Resources Advisor Program attached
hereto as Exhibit "A".
Resolution 18-78
Page 1 of 2
11. The City Council hereby affirms the City of Tustin's Planning Commission shall ...�
continue to act as the advisory body on historic and cultural matters and adopts
the Program attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 611 day of November 2018.
r
i
r r
ELWW . MUR Y,
Mayor
ATTEST: -`
�i
ERI A N. YA$PDA,
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF TUSTIN }
ERICA N. YASUDA, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 18-78
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 6h day of November, 2018, by the following vote:
COUNCILMEMBER AYES: Murray, Gomez Bernstein PuckettClark 5
COUNCILMEMBER NOES: [0�
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
1
ERICA N. YASUDA,
City Clerk
Exhibit A: Planning Commission Acting as Historic Resources Committee Program
Resolution 18-78
Page 2of2
EXHIBIT "A„•
PLANNING COMMISSION AS HISTORIC AND CULTURAL RESOURCES ADVISOR
PURPOSE
Tustin has played a vital role in the history of Orange County and has retained a rich and
unique cultural heritage. It is hereby declared as a matter of public policy that the
recognition, preservation, protection and use of culturally significant structures, natural
features, sites tend neighborhoods within the City of Tustin its required in the interest of
health, safety, prosperity, social and cultural enrichment and general welfare of City
residents. The City Council designated the Planning Commission as the advisory body
to the, City Council on all matters relating to historic and cultural resources, including
without limitation:
• Matters affecting the establishment of a Cultural Resources District
• Designation of Cultural Resources, and
• As a liaison between residents, property owners, and the City Council within a
Cultural Resources District.
RESPONSIBILITIESITYPI CAL DUTIES
In its capacity as an advisory body on matters relating to historic and cultural resources,
the Commission shall:
• Protect the historic integrity of the City of Tustin for the citizens of the community,
visitors, investors, and property owners.
• Promote the economic, cultural, historical, and educational well-being of the
community,
• Promote pride in the historic accomplishments within the City of Tustin.
• Provide mechanism(s) for identifying and preserving the historic and architectural
resources of the City of Tustin that represent elements of the City's cultural, social,
economic, political, and architectural history.
• Educate the citizens of Tustin about the benefits of preservation of historic
structures, areas, sites, neighborhoods, and other historic resources correcting
existing and preventing further urban blight.
• Establish a preservation plan which includes all historic districts, structures, areas,
sites, and other historic resources which are listed or are eligible for listing in the
National, State or City Register of Historic Places.
• Engage in other historical or cultural activities as requested by the City Council.
Resolution 18-78 Exhibit
Page 1 of 3
QUALIFICATIONS AND REQUIRED TRAINING
The Commission shall receive.
• New Commissioners receive one (1) mandatory introductory training related to
Tustin area historical resources including Old Town and other resources located
throughout the City.
• One (1) annual refresher course for more seasoned Commissioners.
• In addition to the above, a minimum of the equivalent of one (1), six (6)-hour day
of training per year.
Educational events may include trainings conducted by City Staff and/or collaborations
with groups similar to the California Preservation Foundation, the Tustin Historical Society
and Tustin Preservation Conservancy. Training programs may include live workshops,
conferences, live and pre-recorded webinars, and E-learning modules. The following list
are approved educational training providers:
• National Park Service (https://www.nps.gov/Cps/education/online-training.htm)
• State of California, Office of Historic Preservation
(http://ohp,Larks.ca_gov/?page id=1054)
In addition to upcoming training events, the OHP website also contains links to
previous training modules regarding a host of topics including historical resources,
California Environmental Quality Act (CEQA), historical surveys, economic
incentives, ordinances, etc. (http://oho,parks.ca.gov/?paoe id=23125).
• California Preservation Foundation (https.1/californiapreservation.org)
• National Alliance for Preservation Commissions
(https://napcommissions.orct/camp/)
• Urban Land Institute (ULI) (httos://americas.uli.org)
• American Planners Association (With membership in APA, Commissioners would
receive bimonthly Commissioner magazine and full access to the APA website and
Knowledge Center) ( https.//,,vww,planning.org/join/commissioners/)
• National Trust for Historic Preservation (https://savingplaces.orq/)
■ National Preservation Institute (https.,//www.npi.or-q/)
• Tustin Historical Society (http://tustinhistory.com/index.html)
• Tustin Preservation Conservancy (http://www,tustinconservancy.org/)
• Other, by approval of the Director of Community Development
Resolution 18-78 Exhibit
Page 2 of 3
WORK PROGRAM
Annually, the Commission shall establish a Work Program. The Work Program shall
establish goals and objectives for the program year. The Commission shall solicit input
consistent with its purpose and responsibilities.
ANNUALREPORT
The Commission shall transmit an Annual Report to the City Council. Subject to City
Council concurrence, the Annual Report shall include a statement of goals, objectives,
accomplishments and efforts to further the cultural, historical, and educational well-being
of the community.
Resolution 18-78 Exhibit
Page 3 of 3
ATTACHMENT D
PLANNING COMMISSION RESOLUTION NO. 4444
(2022 HCRA WORK PROGRAM)
DocuSign Envelope ID: FFACDE16-C998-46F2-A20A-CD4CDF9C53C9
RESOLUTION NO. 4444
A RESOLUTION OF THE TUSTIN PLANNING COMMISSION,
ACTING AS THE HISTORIC AND CULTURAL RESOURCES
ADVISOR, APPROVING A WORK PROGRAM FOR
CALENDAR YEAR 2022.
I. The Planning Commission, acting as the Historic and Cultural Resources Advisor
(HCRA) of the City of Tustin, finds and determines as follows:
A. That on November 6, 2018, the City Council adopted Resolution 18-78
affirming the Planning Commission as the HCRA to the City Council pursuant
to Tustin City Code 9252c and establishing a program defining the
Commission's roles, responsibilities and requiring an annual Work Program.
B. That on March 26, 2019, the Planning Commission initially established an
annual Work Program under the HCRA Program to set forth the goals and
objectives for the program on an annual basis.
C. That the Planning Commission desires to establish the goals and objectives
for the 2022 Work Program.
D. That the Planning Commission held a public meeting on January 25, 2022, to
consider the 2022 Work Program.
II. That the Tustin Planning Commission hereby approves the 2022 HCRA Work
Program attached hereto as Exhibit A.
III. That the Planning Commission authorizes the Community Development Director to
update the 2022 HCRA Work Program with minor amendments and/or expand or
modify it from time to time, as deemed necessary.
PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the
25th day of January, 2022.
D/o/pc_u-Signed67y:
D327386DSSSR43D._.
nnDocuSignedby, AMY MASON
�.:J"' "" �' O` er`" Chairperson
ED45DA2623E354R5...
JUSTINA L. WILLKOM
Planning Commission Secretary
DocuSign Envelope ID: FFACDE16-C998-46F2-A20A-CD4CDF9C53C9
Resolution No. 4444
2022 Work Program
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4444 was duly
passed and adopted at a regular meeting of the Planning Commission, held on the 25th day
of January, 2022.
PLANNING COMMISSIONER AYES: Chu, Higuchi, Kozak, Mason, Mello (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
Docusigned ny,
� �. O��
ED45DA2623&54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
DocuSign Envelope ID: FFACDE16-C998-46F2-A20A-CD4CDF9C53C9
EXHIBIT A TO RESOLUTION NO. 4444
PLANNING COMMISSION ACTING
AS THE HISTORIC AND CULTURAL RESOURCES ADVISOR
2022 WORK PROGRAM
• Oversee the development of an interactive mobile app and/or map on the City
website that would allow the public to obtain information about historic resources
by clicking a button and/or link. A photo and the DPR form which lists the
significance of the historic resource will be retrievable.
• One (1) Commendation nomination.
• Two (2) Historic Plaque Program nominations.
• Initiate a second Pioneer bust (when a donor or funding is available)
• Each Commissioner shall receive a minimum of the equivalent of one (1), six (6)-
hour day of training (or six (6) cumulative hours), one (1) mandatory introductory
training for new Commissioners and one (1) refresher course for more seasoned
Commissioners.
• Other matters as may be referred to the Planning Commission by the City
Council or the Community Development Director.