HomeMy WebLinkAboutPC MINUTES 07-23-24 MINUTES
COUNCIL CHAMBER& VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JULY 23, 2024
7-00p.1n, CALL TO ORDER: 7:00 p.m.
Given. PLEDGE OF ALLEGIANCE: Commissioner MeLLo,
Pl-asent- ROLL CALL: Chair Higuchi
Chair Pro Tern Douthit
Commissioners Kozak and Mello
Absent- Commissioner Mason had an excused absence.
PUBLIC INPUT:
Huttado Hurtado, confirmed no public input was received.
CONSENT CALENDAR:
Hul-tado Hurtado confirmed no public comments were received.
1. APPROVAL OF MEETING MINUTES—JULY 9, 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 STARLI,LY COURT
CORONA, CA 92883
Minutes — Planning Commission Meeting —,July 23, 2024 — Page 1
PROPERTY OWNER: VESTAR/KIMCO 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.
Alello 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 at the District is required to include a traffic study.
wilill-om 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 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).
Huitado 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 a,nd 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 at ATEP and when they would be operational. He also asked if ATEP
would run the new buildings.
Minutes— Planning Commission Meeting —July 23, 2024— Page 3
A4aldonaolo 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.
wilikol-n WiLLkorn 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.
A4aldonado MaLdonaido confirmed Quick Quack Car Wash is required to have a CUP.
I-11guchi 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 preLiminairy
recommendations to be incorporated into thie 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 Higuch,i 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, PtaceWorks 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.
A40110 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 affordabte 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.
wilikom 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 thiat the
Commission provide any input regarding the ODS.
Douthit Diouthit 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 andl 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 taw
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.
Wilikom 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 cain 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.
AIr. A n,dre w Mr, Strenk asked that the Commission be thoughtful, when adopting best
.Streak practices and uses of real estate development going forward.
6-34p.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.
A4e11O MeLto'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
A46110 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.
Hiquchi 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 aind 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 miLy.
Wilikom WRLkom 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 thatthere was "no science" to selecting the number "15" for the
threshold for multi-family.
Nlguchi 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 infitt 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 Higuch,i asked what happens if a developer proposes an SIB 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-faimiLy 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
the future. Staff and PlaceWorks are still defining whatthe City would wanittheir
"best practices" to Look Like.
STAFF CONCERNS:
Wilikom WiLtkom reminded the Commission to RSVP for the Business Recognition
Luncheon on August 28, 2024.
COMMISSION CONCERNS:
Kozak Kozaik had no concerns.
A4ello 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 3
ERIC HACUCHI yy �
Chairperson
M
JUS A L. WILLKOM
Planning Commission Secretary
Minutes— Planning Commission Meeting —July 23, 2024— Page 9