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Home My WebLink About01 PC MINUTES 02-27-24 ITEM #1 MINUTES COUNCIL CHAMBER& VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING FEBRUARY 27, 2024 7-00p.m. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Commissioner Mason All present. ROLL CALL: Chair Kozak Chair Pro Tern Higuchi Commissioner Mello Commissioner Mason Commissioner Douthit PUBLIC INPUT: Spencerand Mr. and Mrs. Jordan voiced concern with an accessory dwelling unit currently Trinalordan under construction adjacent to his residence (address not provided). Curtis Arbiso Mr.Arbiso echoed same concerns previously mentioned by Mr. and Mrs.Jordan. He joined via Zoom. CONSENT CALENDAR: Approved the 1. APPROVAL OF MEETING MINUTES— FEBRUARY 13, 2024 Minutes of the February 13, 2024 Planning Commission meeting. RECOMMENDATION: That the Planning Commission approve the Minutes of the February 13, 2024 Planning Commission meeting, as provided. It was moved by Mason, seconded by Mello, to approve the Minutes of the February 13, 2024 Planning Commission meeting. Motion passes: 5-0. Minutes— Planning Commission Meeting —February 27, 2024 —Page 1 PUBLIC HEARING: Continued the 2. DEVELOPMENT AGREEMENT (DA) 2024-0001 — A REQUEST TO item to the AMEND DA 2014-001 MODIFYING THE TERMS BY WHICH TUSTIN March 26, COMMUNITY CENTER AT THE MARKET PLACE IS UTILIZED. 2024 Planning Commission meeting. On February 20, 2024, the applicants submitted a request to continue the public hearing to the March 26, 2024 Planning Commission meeting. The continuance will allow additional time to refine the amendments to DA 2014-0001. RECOMMENDATION: That the Planning Commission continue the DA 2024-0001 public hearing item to the March 26, 2024 Planning Commission meeting. Hurtado Hurtado confirmed no public input received on Item No. 2. Motion: It was moved by Mello, seconded by Higuchi, to continue the item to the March 26, 2024 Planning Commission meeting. Motion carried: 5-0. AdoptedReso. 3. CODE AMENDMENT 2024-0002 (ORDINANCE NO. 1536) — (CODE No. 4471, as STREAMLINING AND IMPROVEMENT PROGRAM) presented. SUMMARY: This Project is a City-initiated request to amend various sections of the Tustin City Code Article 9 (Land Use).The City's Strategic Plan identifies development streamlining as one of its goals. The proposed Code Amendment (CA) 2024-0002 is part of the Community Development Department's Code Streamlining and Improvement Program (Streamline Tustin). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4471, recommending that the City Council adopt Ordinance No. 1536, amending various sections of Article 9 (Land Use) of the TCC relating to Streamline Tustin to provide clarity,consistency of terms and definitions, and compliance with State law. Tara Presentation given. Minutes— Planning Commission Meeting —February 27, 2024 —Page 2 Mello Mello requested clarification regarding the strikethroughs in the proposed ordinance pertaining to the Parking Exception Program. He also asked if items would automatically be presented to the Zoning Administrator first, then to the Planning Commission second or if the Zoning Administrator decides on whether or not the item needs to be presented to the Planning Commission. Tara Per Mello's question, Jara stated that the proposed modification is to transfer authority on certain applications from Planning Commission to the Zoning Administrator. Willkom Willkom also added that Tustin City Code lists specific items that could be considered by the City's Zoning Administrator. Higuchi Higuchi asked the following: if the Zoning Administrator is also the Community Development Director; what type of items go before the Zoning Administrator; and, if it is necessary to have a Zoning Administrator. Willkom Willkom explained the Zoning Administrator hearing process to Higuchi. The Zoning Administrator is authorized to consider specific items listed in the Tustin City Code and to conduct public hearings. Mason Mason's questions to staff generally included: the purpose of Item No. 3; and clarification on the timing of the streamlining items. Willkom In response to Mason's questions, Willkom explained the purpose of the Streamlining Improvement Program,as well as the flexibilitywith scheduling the item, noticing, code cleanup, etc. Douthit Douthit asked Staff to explain to the public the appeal process for Zoning Administrator hearing items. Spencerlordan Mr.Jordan voiced his concerns previously mentioned during Public Input. He was also in favor of the streamlining process. 7.-38p.m. Closed the public input portion of Item No. 3. Higuchi Higuchi's comments generally included: not in favor of the subjective language within the Tustin City Code; aesthetic requirements; in favor of not having to approve wireless facilities. Mello Mello's comments generally included: concurred with Higuchi on the subjective Language; aesthetic requirements; and he was not in favor of Item No. 3. Douthit Douthit asked if the Planning Commission is allowed to participate in the Zoning Administrator appeal process for the aesthetically based projects. Minutes— Planning Commission Meeting —February 27, 2024 —Page 3 Mason Mason's closing comments generally included support of the item and concern with projects being taken away from the Planning Commission's approval process. Motion: It was moved by Higuchi, seconded by Douthit to adopt Resolution No. 4471. Motion carried 4-1. Mello dissented. REGULAR BUSINESS: Authorized 4. 2023 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION Staff to MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY forward the SPECIFIC PLAN GPAR and the Tustin Legacy MMRP to the City Council for considera tion. The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. The City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations. RECOMMENDATION: That the Planning Commission review and authorize staff to forward the General Plan Annual Report (GPAR) and the Tustin Legacy Annual Mitigation Monitoring Status Report to the City Council for consideration. Maldonado Presentation given. Minutes— Planning Commission Meeting —February 27, 2024 —Page 4 Higuchi Higuchi commented on the following: suggested involving the Commission in workshops for projects (i.e. former MCAS) and to consider an Ad Hoc committee to consider the future of the north and south Hangars. Mason Mason recommended the Planning Commission have more involvement with the process of projects at Tustin Legacy going forward. Kozak Kozak asked if Staff could develop more information regarding the process of projects at Tustin Legacy going forward. Willkom Willkom's response to the Commission's comments previously mentioned generally included: the Tustin Legacy development is based out of Economic Development; therefore, she will share with them the Commission's comments/concerns previously stated; and she explained, in great detail, objective design standard requirements for housing development mandated by the State. Motion: It was moved by Mason, seconded by Mello, to authorize staff to forward the GPAR and the Tustin Legacy MMRP to the City Council,for consideration. Motion carried: 5-0. STAFF CONCERNS: Willkom Willkom informed the Commission of the following: Intracorp project's grand opening; the City CounciUs February 22, 2024 meeting where they approved setting the value of land for the purpose of calculating Park in-lieu fee in DCCSP; the release of the Notice of Preparation for Enderle Center and Tustin Market Place; the upcoming Scoping Meetings for the Housing Element Re-zone projects in March;and thatthe City Council approved Ordinance 1540 (Medicinal Cannabis Delivery). COMMISSION CONCERNS: Mello Mello attended the City's Sip n'Stroll in Old Town Tustin on February 25, 2024. He found Council Member Schnell's mention of the value of Tustin trees at the February 22, 2024 Council meeting interesting and asked Staff if a tree Ordinance could be broughtforward to the Commission. Willkom Willkom stated the tree ordinance policy is outside of the purview of the Planning Commission. Douthit Douthit commented on the Starbucks Drive-Thru on Irvine Boulevard. He suggested keeping in mind "vehicle only establishments" for those who do not drive. Douthit also attended the Sip n'Stroll. Minutes— Planning Commission Meeting —February 27, 2024 —Page 5 Kozak Kozak thanked his fellow Commissioners for their input on the agenda items and he thanked staff for the agenda items. 8.•28p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 12, 2024. Minutes— Planning Commission Meeting —February 27, 2024 —Page 6