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Home My WebLink About00 PC AGENDA 06-26-23 AGENDA COUNCIL CHAMBER& VIDEO CONFERENCE TUSTIN PLANNING COMMISSION SPECIAL MEETING JUNE 26, 2023 6:00 P.M. NO TICE REGA RDING PUBLIC PARTICIPATION To watch the meeting,the public may observe the meeting in person in the Council Chamber or via the Cit 's Granicus service at Ott: //www,t�� tinca,orc%J.132./Mee�tinc Ac enda or on the local Cox Y ..................1....................................................................................................................................................................................................................................................................................................... Channel851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to verbally address the Planning Commission during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during Planning Commission meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at I„ I;,,-,/ �.,r�;r�,rr;�o �i,�/jj.pi„n, by entering the Meeting ID and Passcode below. Meeting ID: 829 1845 1989 Passcode: 580501 Please provide your name in the Zoom application to allow the Planning Commission Secretary to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join the Zoom web conference from any phone (landline or wireless), dial 669- 900-6833. When prompted, use the below Meeting ID and Passcode. Meeting ID: 829 1845 1989 Passcode: 580501 Agenda— Planning Commission *Special* Meeting —June 26, 2023— Page 1 The Planning Commission Secretary will identify you by the last 4 digits of your phone number when it is your time to speak. When requested by the Planning Commission Secretary, call-in users can unmute and mute their phones by pressing *6. Call-in users can "raise their hand" by pressing *9 but may not "lower their hand" once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMM ENT SYSTEM Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda, go to htLps'//tus in.c r�anic�.sideas,..co.ry-i/ry-ieetinc etinc s?sc o:�e�:::::::u..j, rr�"Iinc and selectthe 1......................................................................................................................................................................................................................................................................................................................................................................J agenda item. B. Follow the links to type and submit your comment(s) on one or more items: 1. The items may be on the agenda or not on the agenda. 2. Your comments will be forwarded electronically and immediately to the members of the Planning Commission. 3. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item. 4. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. Forindividuals with Disabilities The Cityis dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act(ADA). If you would like to request a modification or accommodation due to a disability, please call(714)573-3106 as soon as is feasible,and identify the need and the requested modification or accommodation. The City's ADA Coordinator or her designee will receive the request and communicate in response to the request. Items Distributed to the Planning Commission Less Than 72 Hours Prior To Meeting. Pursuant to Government Code Section 54957.5,non-exemptpublic records thatrelate to one or more open session agenda items and that are distributed to a majority of the Planning Commission less than seventy-two(72)hours prior to the meeting will be a vailable for public inspection on the electronic posting board located at300 Centennial Way, Tustin, CA 92780. CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: Commissioner Mason ROLL CALL: Commissioners Douthit, Higuchi, Kozak, Mason, Mello Agenda- Planning Commission *Special* Meeting -June 26, 2023- Page 2 PUBLIC INPUT: At this time, any member of the public may address the Planning Commission on matters which are not listed on this evening's agenda, provided the matter is within the subject matter jurisdiction of the Planning Commission. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak"form with the Planning Commission Secretary. PUBLIC MEETING: 1. APPEAL FROM DENIAL OF REQUEST FOR DISABILITY-RELATED REASONABLE ACCOMMODATION (14851 YORBA STREET AND 165 NORTH MYRTLE AVENUE) APPLICANT: PROPERTY OWNER: KELLY BRUNO-NELSON DAVID TANG EXECUTIVE DIRECTOR CALAIM, YORBA MYRTLE LLC CALOPTIMA HEALTH 16027 BROOKHURST STREET, STE. 1341 505 CITY PARKWAY WEST FOUNTAIN VALLEY, CA 92708 ORANGE, CA 92868 LOCATION: 14851 YORBA STREET AND 165 NORTH MYRTLE AVENUE (APN: 402- 302-14) ENVIRONMENTAL REVIEW: This appeal is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: An appeal of the City's denial of the Request for Disability-related reasonable accommodation (RA) pursuant to Section 35.130(b)(7)(i) of Title 28 of the Code of Federal Regulations to accommodate the proposed Project that would temporarily house and otherwise serve elderly (55 years and older) low-income patients with physical and/or behavioral health impairments that substantially limit major life activities as those terms are defined in the Americans with Disabilities Act ("ADA") (28 C.F.R. 35.108). RECOMMENDATION: Thatthe Planning Commission adopt Resolution No.4476 denying the requestfor disability- related accommodation of policies, practices and procedures related to a proposed Agenda— Planning Commission *Special* Meeting —June 26, 2023— Page 3 Recuperative Care, Post-Hospitalization Housing and "Program of All-inclusive Care for the Elderly" at 14851 Yorba Street and 165 N. Myrtle Avenue. Presented by: Allison E. Burns, Special Legal Counsel PUBLIC HEARING: 2. APPEAL FROM COMMUNITY DEVELOPMENT DIRECTOR'S USE DETERMINATION (UD 2023-0002) APPLICANT: PROPERTY OWNER: KELLY BRUNO-NELSON DAVID TANG EXECUTIVE DIRECTOR CALAIM, YORBA MYRTLE LLC CALOPTIMA HEALTH 16027 BROOKHURST STREET, STE i341 505 CITY PARKWAY WEST FOUNTAIN VALLEY, CA 92708 ORANGE, CA 92868 PROJECT SITE: 14851 YORBA STREET AND 165 NORTH MYRTLE AVENUE (APN: 402-302-14 ENVIRONMENTAL: This appeal is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: An appeal of the Community Development Director's Use Determination (UD 2023-0002). The applicant's appeal is as follows: • Thatthe proposed project should be considered one integrated use and characterized as "a `hospital' or `similar' use to a hospital" and therefore a Conditionally permitted use on the project site. The applicant's appeal includes a statement that all aspects of the Use Determination are appealed,except for the determination that the PACE aspect of the project is a conditionally permitted use under the site's zoning district and general plan land use designation. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4477 denying the appeal and upholding the Community Development Director's Use Determination (UD 2023-0002). Agenda— Planning Commission *Special* Meeting —June 26, 2023— Page 4 Presented by: Raymond Barragan, Principal Planner REGULAR BUSINESS: None. STAFF CONCERNS: Justina L. Willkom, Community Development Director COMMISSION CONCERNS: ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday,June 27, 2023. Agenda— Planning Commission *Special* Meeting —June 26, 2023— Page 5