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HomeMy WebLinkAbout01 PC MINUTES 07-23-24 MINUTES COUNCIL CHAMBER& VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING JULY 23, 2024 7-00 p.m. CALL TO ORDER: 7:00 p.m. Given. PLEDGE OF ALLEGIANCE: Commissioner Mello Present- ROLL CALL: Chair Higuchi Chair Pro Tern Douthit Commissioners Kozak and Mello Absent- Commissioner Mason had an excused absence. PUBLIC INPUT: Hurtado Hurtado confirmed no public input was received. CONSENT CALENDAR: Hurtado Hurtado confirmed no public comments were received. 1. APPROVAL OF MEETING MINUTES—JULY9, 2024 RECOMMENDATION: That the Planning Commission approve the Minutes of the July 9, 2024 Planning Commission meeting, as provided. Motion: It was moved by Douthit, seconded by Kozak, to approve the Consent Calendar as presented. Mello abstained from the vote. Motion carried: 3-0-2. PUBLIC HEARING: Adopted 2. CONDITIONAL USE PERMIT (CUP) 2024-0005 Reso. No. 4493. APPLICANT: JIAPENG ZHAO RUN ENTERTAINMENT LLC 11782 STARLILY COURT CORONA, CA 92883 Minutes— Planning Commission Meeting —July 23, 2024— Page 1 PROPERTY OWNER: VESTARXIMCO TUSTIN, L.P. 2437 PARK AVENUE TUSTIN, CA 92782 LOCATION: 2439 PARK AVENUE REQUEST: To establish a commercial recreation facility (Escape Room) located at 2439 Park Avenue. ENVIRONMENTAL: This project is Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301 (Class 1). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4493 approving CUP 2024-0005 to establish a commercial recreation use (Escape Room) at 2439 Park Avenue. Barragan Presentation given. Mello Mello asked Barragan why the project presented was required to have a CUP. Barragan In response to Mello's question, Barragan stated that per the Tustin Legacy Specific Plan, a CUP is required for this type of use, due to parking and noise impacts. In other areas of the City, a CUP is required as well. Willkom Willkom added that proposed use is classified as a broad commercial recreation, which could entail different type of commercial recreation uses. As such, the proposed use would be considered on a case-by-case basis. Depending upon the proposed use, applicable conditions would be attached to the CUP, including parking, hours of operation, etc. Higuchi Higuchi asked if any proposed use atthe District is required to include a traffic study. Willkom In response to Higuchi's question,Willkom stated it depends upon the nature of the use (i.e. small commercial type of use does not require a traffic study, but a parking summary or parking analysis may be required). If it is a development at a vacant Land,the City would ask for a traffic study. Minutes— Planning Commission Meeting —July 23, 2024— Page 2 Lana Clay Ms. Lana Clay joined via Zoom and asked about the age requirements for participation, specifically whether younger individuals need to be accompanied by someone 18 or older. Applicant In response to Ms. Clay's question, Mr. Zhao, the applicant, stated that the "Four Square" games are open to all individuals; however,there is an age limit (12 years and older) for the Escape Room (i.e. puzzle games only, no horror). Hurtado Hurtado confirmed no additional public input received. Douthit Douthit thanked the applicant for investing in Tustin. Kozak Kozak wished the applicant much success for his new business. Higuchi Higuchi suggested, in the future, similar items to this one, should be presented to the Zoning Administrator in order to save staff time. He commented on the traffic study requirement being costly. Motion: It was moved by Douthit, seconded by Mello, to adopt Resolution No. 4493, as provided. Motion carried 4-0-1. REGULAR BUSINESS: Received& 3. SUMMARY OF PROJECTS—JULY 2024 filed. Staff will present the summary of projects and activities from the Community Development Department. The presentation will focus 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. RECOMMENDATION: That the Planning Commission receive and file this item. Maldonado Presentation given. Kozak Kozak thanked Maldonado for the review of projects. Mello Mello asked about the status of the Community College buildings that are under construction atATEP and when theywould be operational. He also asked ifATEP would run the new buildings. Minutes— Planning Commission Meeting —July 23, 2024— Page 3 Maldonado Per Maldonado, the construction schedule is unknown but he will follow up with the Commission at a later date. It was Maldonado's understanding that the new buildings will be run by Saddleback College. Willkom Willkom clarified that South Orange County Community College District is comprised of Saddleback College and Irvine Valley College. Douthit Douthit's questions/comments generally included: if the new Quick Quack Car Wash is required to have a CUP; and he congratulated staff on being acknowledged for the Historic Preservation Week by receiving the Orange County America Planning Associations 2024 Cultural Heritage Award. Maldonado Maldonado confirmed Quick Quack Car Wash is required to have a CUP. Higuchi Higuchi asked if the Morning Star Senior Facility would be brought before the Commission. Maldonado In response to Higuchi's question, Maldonado confirmed the Morning Star facility would be brought before the Commission at a future date. Lana Clay Ms. Clay discussed several topics: Tustin Legacy (Goddard Elementary School), concerns about the trench near the culinary arts building and playground, North Hangar cleanup, plans for further remediation at the college, Goddard's capacity for children, and potential business interruptions. Higuchi Higuchi directed Ms. Clay to reach out to City staff to answer her list of questions being that the questions were out of the Commission's purview. Received& 4. WORKSHOP ON OBJECTIVE DESIGN STANDARDS filed. Staff, with the assistance of PlaceWorks, will conduct a study session in developing Objective Design Standards to address Program 1.2a of the Housing Implementation Program. This presentation will focus on introducing the overall project and its objectives and gather preliminary recommendations to be incorporated into the draft objective design standards. RECOMMENDATION: It is recommended that the Planning Commission receive and file the report. Minutes— Planning Commission Meeting —July 23, 2024— Page 4 Eastman/ Presentation given. Alan Loomis Higuchi Higuchi asked Staff to clarify the definition of "multi-family" as being any structure with two residences attached. He asked when the draft Objective Design Standards (ODS) document will be delivered to the Commission. Eastman Eastman explained that the City typically considers "multi-family" as three or more residences. The ODS can be applied according to the preferences of the Commission and City Council (e.g., if both prefer duplexes to be exempt,the ODS will not apply to them). He reminded the Commission about the workshop's purpose and process, which focuses on larger development projects like ministerial housing projects. City staff has begun working with PlaceWorks and aims to present a draft ODS to the Commission by September or October, with a possible second draft in December, if changes are requested. Mello Mello asked about the requirement for implementation of the Certified Housing Element (HE) and when does the City have to have something to satisfy the HE. Eastman In response to Mello's question, the City plans to adopt the ODS by December 2024 and indicated in the HE. State law does not require the City to have ODS. Without it, the City must accept the design submitted for affordable housing projects unless there are objective reasons for denial. Alan Loomis Loomis, Design Team, provided additional background information to the Commission regarding PlaceWorks and their experience working with various municipalities on ODS. He also reiterated that PlaceWorks' obligation is to deliver the guidelines to the City by December 2024. Willkom Willkom stated that the goal of the workshop was to introduce the ODS concept and to educate the Commission and public about ODS. She asked that the Commission provide any input regarding the ODS. Douthit Douthit asked if the City creates this overlay, would any deviation from the objective design standards require a General Plan Amendment (GPA). If the Commission adopts as a resolution, he asked about the process if any developer wanted to deviate from the ODS. As an example, what if an affordable housing developer, using a commercial zone (SB 6), wanted to deviate from using the City's ODS? Eastman In response to Douthit's question, Eastman explained the City plans to adopt the ODS by resolution and reference it in the Zoning Code and Specific Plans. Changes to the ODS would require a new resolution. The ODS affects Zoning, not the General Plan, and aims to eliminate "bad projects" and encourage "good Minutes— Planning Commission Meeting —July 23, 2024— Page 5 Eastman projects" by providing clear guidelines for developers. Staff is working with PlaceWorks on options for developers deviating from the ODS. Affordable housing developers, following the ODS, would undergo a ministerial process; otherwise,the developer could opt out from following the ODS and proceed with a Design Review process (discretionary review). Higuchi Higuchi asked if developers could apply for a waiver under the density bonus law and if the ODS would supersede the City's Zoning Codes (e.g., setbacks, height). He also inquired whether the City must adhere to the ODS when evaluating land for sale at Tustin Legacy.As the property owner,the City can decide to sell based on the type of project proposed by the developer. Eastman Per Higuchi's previous statement, this would be another way for the developer to deviate from the City's ODS. They are not intended to be in conflict. Willkom To answer Higuchi's question on for-sale land at the Tustin Legacy, Willkom stated that the ODS is from the regulatory perspective. The City can still require a developer to build by certain guidelines as the property owner. As the regulatory agency,the City can only impose ODS when the housing project meets certain criteria. 8.29 p.m. Higuchi opened the Public Input portion of the meeting. Ms. Lana Ms. Clay's general comments included: feedback regarding aesthetic of the Clay architecture in making the project match; she is hopeful the community can participate (i.e. surveys, meetings, etc.) regarding design; "CAP plan" (environmental aspects) through the County in order to revitalize buildings they own; understanding the CAP plan and how it will relate to the development of the Tustin Legacy and all of Tustin; and composting and recycling. Mr. Andrew Mr. Strenk asked that the Commission be thoughtful when adopting best Strenk practices and uses of real estate development going forward. 8.34 p.m. Higuchi closed the Public Input portion of the meeting. Higuchi Higuchi's comments generally included: the ODS is a protective measure based on the new State housing laws currently in place. Without the ODS in place,the City does not have an aesthetic design control over residential development specifically. Mello Mello's final comments generally included concern with the ODS becoming too specific (i.e. may be aesthetically pleasing "today" versus when the ODS is actually implemented);the importance of including flexibility to the ODS; and the threshold for multi-family above/below 15 — he turned to his fellow Minutes— Planning Commission Meeting —July 23, 2024— Page 6 Mello Commissioners asking what they thought a smaller/larger project looked like to them. Kozak Kozak asked about the timeline on achieving the goals of the ODS. Eastman Eastman stated the timeline is within the scope of work that was provided to PlaceWorks and agreed upon in the City's contract with them. Currently,the City has received the "framework" to start from, using the input received, then staff will provide feedback to PlaceWorks as they prepare the second draft. The goal is to return to the Commission with a concept plan and to get feedback on the ODS. Douthit Douthit voiced his opinion on the following, in general: CEQA's provisions; he agreed with the ODS having the flexibility of multiple types of designs, but he would be hesitant to adopt one design approach; he would like to see very lenient and flexible ODS and to allow deviation if the property owner was inclined to do so. Higuchi Higuchi's final feedback to staff was to clearly define multi-family because the definition is varied across the State. He asked Eastman if the ODS does not apply to single-family homes and if the ODS would be applicable to for-sale townhomes. Eastman In response to Higuchi's question, Eastman clarified the City's definition of single- fa m i ly. Willkom Willkom added, cities have the flexibility of adopting an ODS for a variety of housing types. Pursuant to State law, ODS applies to certain qualifying housing projects, generally they apply to multi-family and mixed-use projects. Alan Loomis In response to the 15 dwelling units or less, Loomis did not have an explanation for Higuchi, only that there was "no science"to selecting the number"15" for the threshold for multi-family. Higuchi Higuchi's final comments, regarding the project size, generally included; consider the vacant land in Old Town to spur development in the Downtown area; and study urban infill and medium size projects such as the Jessup project. Douthit Douthit concurred with Higuchi's previous comments. He would like to know what the density (i.e. number of units) would be permitted on the parcels in the Downtown area. Loomis Staff suggested to PlaceWorks the threshold may not be the number of units in a development but the threshold might be tied to lot size. PlaceWorks will take Minutes— Planning Commission Meeting —July 23, 2024— Page 7 Loomis the Commission's comments/concerns previously mentioned and work with staff on establishing specific criteria when it comes to size of development. Higuchi Higuchi asked what happens if a developer proposes an SB 6 project under builder remedy or a density bonus provision; and the City did not have an ODS. He reiterated the purpose of the ODS, which would protect the City from just "any design". In terms of the various aesthetic style of developments, Higuchi suggested PlaceWorks to use the examples of developments at Tustin Legacy such as Brookfield project and other developments that have occurred in the Downtown area to assist with the ODS. Loomis Per Loomis, without an ODS, an SB 6 project could be a "box" that fits within Tustin's Zoning Code development standards and the City would be obligated to approve the project. Ultimately, for the SB 6 projects (i.e. larger scale developments on the commercial corridors) the Commission may be asking for more stringent criteria versus the lots already zoned for multi-family could be more lenient and more open-ended. Hence the reason for the distinction of large and small projects. Mr. Loomis also stated PlaceWorks will write a document that is flexible, in terms of the ease to which the document can be amended in thefuture. Staff and PlaceWorks are still defining whatthe City would wanttheir "best practices" to look like. STAFF CONCERNS: Willkom Willkom reminded the Commission to RSVP for the Business Recognition Luncheon on August 28, 2024. COMMISSION CONCERNS: Kozak Kozak had no concerns. Mello Mello congratulated staff on the 2024 Cultural Heritage Award. He also commended staff and PlaceWorks on Item No. 4. Douthit Douthit attended Tustin's Sunset Market. He is looking forward to the bollards being installed on El Camino Real. Higuchi Higuchi thanked staff for all of their hard work for the City. 9:02p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, August 13, 2024. Minutes— Planning Commission Meeting —July 23, 2024— Page 8