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HomeMy WebLinkAboutPC Minutes 10-23-06 THE CONTINUED EARTHQUAKE PREPAREDNESS WORKSHOP TOOK PL.ACE AT 6:30 P.M. IN THE COUNCIL CHAMBER 7:05p.m. MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 23, 2006 CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLLCALL Present: Chair Floyd Chair Pro Tem Puckett Commissioners Kozak, lee, and Nielsen Staff present Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Justina Willkom, Senior Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - September 25, 2006, PLANNING COMMISSION MEETING. It was rnoved by Puckett, seconded by Nielsen, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. No. 4042, as amended CODE AMENDMENT 06-006 PROPOSING ORDINANCE NO. 1320 AMENDING THE CITY OF TUSTIN MUNICIPAL CODE GOVERNING INCENTIVES FOR THE DEVELOPMENT OF AFFORDABLE HOUSING TO COMPLY WITH THE CALIFORNIA lEGISLATURE'S 2005 AMENDMENTS OF GOVERNMENT CODE SECTION 65915. MinUles-PlanningCommissionOCl00ar23,2006-Page1 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4042 recommending that the City Council adopt Ordinance No. 1320. 7:06p.m. The Public Hearing opened. Willkom Presented the staff report. Floyd Asked what age is considered senior. Rellerer Clarified that the age limit is 55 if there are 35 or more units in the senior project; if fewer than 35 units, the age limit is62. Nielsen Asked if the targeted units are based upon the original density amount, not including the density bonus units. Willkom Answered intheatlirmative. Nielsen ASked if there are projects that have been atlected by the change i n the density bonus law. Willkom Indicated that no applications have been received that would have been atlected since Senate Bill 435 was enacted. Nielsen Referred to the density bonus not being applicable to the Specific Plan for MCAS Tustin. Director Stated that when the Lennar application was submitted one of the Senate Bills was in effect but that application was processed under the prior law; Lennar received a 25 percent density bonus; the Master Developer entered into a DDA with the City, which is a separate real estate transaction; those units have been established in an agreement with the City Council and would not be subject to this Ordinance, The Ordinance being considered this evening would be applicable throughout the remainder 01 the City. There is a pending senior project that could be subject to the provisions of either this Ordinance or State law which would govern in the event the City did not have an Ordinance in place. Nielsen Asked if there are any bills pending that will change the Ordinance further. Retterer Indicated he has not read all the legislation but there are three that are pending; this issue seems to be constantly evolving with legislation every two or three years that requires local agencies an d Minute.-Planning Commission October23,2006-Page 2 counties to revisit their ordinances; the issue may come back to the Planning Commission within the next two years. Puckell Asked if this Ordinance will bring Tustin up to date with the current State law. Director Answered in the aflirmative, as of January 2006. Fioyd Suggested it took quite a while to get to this point. Director Indicated that Tustin and other cities have been grappling with establishing a local Ordinance to meet the State requirement; the State provided some "simplified language" that was not at all simple; many attorneys throughout the State worked hard to figure out what the law said; staff worked diligently to arrive at whattha City's Ordinance should include. Retterar Stated that, in cases where there are issues with the way the statute is drafted, attorneys look for courts to interpret some of the provisions and how the provisions are applied; there has not been much litigation because the legislation is so new and courts have not been asked to interprel. Director Paraphrased a provision that indicates tandem parking is allowed; it is difficult to know if that provision means tandem parking is mandatory or permissive. Added that the Southern California Association of Governments (SCAG) is going through its Regional Housing Needs Assessment (RHNA) process; one of the processes the City must perform is determining what the local housing needs are and how the City can meet those housing need numbers; a local density bonus Ordinance is one of the ways to accomplish meeting those numbers. Floyd ASked if Councilmember Lou Bone is still a SCAG member. Director Answered in the affirmative. Kozak Asked when the RHNA process is expected to begin again. Director Stated the process has begun. Kozak Asked if that will be a two- to three-year process. Minutes-PlanningCommisslonOctober23,2005_Paga3 Director 7:28p.m. Kozak Floyd Continuedtothe November 13, 2006, Planning Commission meeting None Director reported Indicated the numbers were supposed to be received last week; once the numbers are received, the City has one year during which to complete the housing element. The Public Hearing closed. Thanked staff for the comprehensive presentation and the City Attorney for his assistance in bringing the City into compliance with the latest amendments to the Code. Added that the slides showing the examples help the Commission to understand these difficult issues; and, encouraged staff to use such examples whenever possible in theluture. It was moved by Pucketf, seconded by Nielsen, 10 adopt Resolution No. 4042, with corrections as noted during the presentation. Motion carried 5-0. 3. CODE AMENDMENT 06-005 PROPOSING TO REPEAL AND ADD CHAPTER 4 "SIGN REGULATIONS" TO ARTICLE 9 OF THE TUSTIN CITY CODE. RECOMMENDATION: That the Planning Commission continue this item 10 the November 13, 2006, Planning Commission meeting. REGULAR BUSINESS STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE OCTOBER 2 AND 16,2006, CITY COUNCIL MEETINGS. At the October 2nd Council meeting, the public hearing was held on the General Plan Amendment and Zone Change lor the Villa Valencia Mobilehome Estates; the Council accepted the Planning Commission's recommendation and approved those two items. At the October 16th Council meeting, the John Wayne Noise Abatement item was pulled from the Consent Calendar; there was general interest in the quarterly reports and interest in receiving an update Irom the Executive Director 01 the John Wayne Airport who is expected to be making a presentation to the Councii at the first meeting in February; information may be provided regarding the Settiement Agreement and also about noise. Minute. ~ Planning Commission October 23, 2006 ~ Page 4 Director continued Nielsen Floyd Lee Kozak Puckett The Council also approved Ordinance No. 1319, an update to the Floodplain Management Ordinance that did not come before the Planning Commission because the Ordinance is not an amendment to the zoning code; it is an amendment 10 the Tustin City Code; the City participates in the National Insurance Program so that anyone within the tloodplain as established by the Federal government may get floodplain insurance: the modifications to the Ordinance were minor. COMMISSION CONCERNS Thanked staff for the staff report and presentation on a difficult topic. Reminded everyone there is a Candidates' Forum for the local Tustin election, hosted by the Chamber of Commerce, tomorrow evening in the Council Chamber beginning at 6:30 p.m.; and, encouraged everyone to attend in order to make an intelligent choice regarding incoming City Council members. Encouraged everyone to vote. Added that absentee ballots are due by October 315t. Thanked staff for the presentation. Thanked Building Official Henry Huang for his second installment of the earthquake preparedness workshop. Congratulated and thanked the Tustin Tiller Days' Committee for a great event; next year will be the S01h Anniversary of Tiller Days; this year was a warm-up for next year and perhaps the best he has ever attended. Reminded evel)'one that Dinosaur Dash is scheduled for Sunday. NovemberS'". Agreed that Tiller Days were a wonderful success; and, thanked evel)'onewhoparticipated. Mentioned that former Planning Commissioner and Mayor, Leslie Pontious, is now a Scotland resident. Minute5-PlanningCommissionOClober23,2006-PagaS Puckellcontinued Floyd Retterer Floyd Director Floyd Puckett Floyd 7:45p.m. Stated he allended the Boys and Girts Club's 40'h Anniversary celebration earlier this month; the Club has done a lot of good work and come a long way since he was President of the Boys Club in 1986, Noted he has already voted absentee because he will be on a Panama Canal cruise between now and November 11'0 and will miss the election. Suggested that staff put together a workshop regarding affordable housing, the selling of the units, and the recapturing of the equ ityby the City; he is getting questions to which he does not have the answers. Reminded everyone that the Jim Brady Memorial Golf Tournament is scheduled for Wednesday, October2Sth, Asked staff if there is any further information regarding the lawsuit involving the City of Irvine and Tustin's alignment with Newport Beach. Stated the City of Tustin is working with Newport Beach; a third- party law firm has been retained to represent the parties; the goal is to try to work with Irvine, Stated his understanding that the City Council has had their ethics training; and, asked if the Planning Commission also will be training. Indicated it was her understanding that the Deputy City Clerk will be sending a mass e-mail to all boards and commissions requiring ethics training for all members; the training takes approximately two hours; there may be options, such as attending with other commissions or training online, available to accomplish the training; the training must be completed before the end of the year. Noted that George Stewart recently retired from the Tustin News and offered a fond farewell and good wishes to him. Added that Jill Leach has also retired, Stated he has been e-mailing back and forth with Ms. Pontious; she is already gelling politically involved in her community. ADJOURNMENT Minutes-PlanningComm;ssion October 23. 2006-Page 5 It was moved by Puckett, seconded by Nielsen, to adjourn the meeting. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, November 13, 2006, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ~~!l [frelFloyd U Chairperson U;"/di, W-.~j- ElizabethA.Binsack Planning Commission Secretary Minutes-Planning Commission Oclober23,2(J(I6-Page7