HomeMy WebLinkAbout07 2023-2024 CERTIFIED LOCAL GOVERNMENT ANNUA REPORTDocusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
MEETING DATE
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SUBJECT:
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Agenda Item 7
AGENDA REPORT Reviewed: Initial
City Manager a`V�
Finance Director N/A
MARCH 18, 2025
ALDO E. SCHINDLER, CITY MANAGER
JUSTINA L. WILLKOM, COMMUNITY AND ECONOMIC DEVELOPMENT
DIRECTOR
2023-2024 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT
The City of Tustin is certified by the State of California to carry out the National Historic
Preservation Act of 1966. As a Certified Local Government (CLG), the City is required to
submit to the California State Office of Historic Preservation an annual report reflecting the
participation and qualifications of the City's Commissioners and information related to historic
preservation actions, activities, and programs. The City of Tustin's 2023-2024 Certified Local
Government Annual Report (Attachment 1) reflects a reporting period of October 1, 2023,
through September 30, 2024.
RECOMMENDATION:
That the City Council:
• Receive and file the 2023-2024 CLG Annual Report; and
• Direct staff to forward the Annual Report to the State Office of Historic Preservation.
FISCAL IMPACT:
All activities completed during this reporting period received City Council approval and
budget appropriation.
CORRELATION TO THE STRATEGIC PLAN:
Cultural and historic resources correlate to Goal A of the City of Tustin's Strategic Plan, which
aims to enhance the vibrancy and quality of life in all neighborhoods and areas of the
community.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
City Council Agenda Report
2023-2024 Certified Local Government Annual Report
March 18, 2025
Page 2
BACKGROUND AND DISCUSSION:
Certified Local Government
The Code of Federal Regulations (CFR) authorizes the National Park Service to establish a
mechanism for each state to certify local governments to carry out the purposes of the
National Historic Preservation Act of 1966 (the Act), as amended (36 CFR 61. 6). The 1980
amendment to the Act authorized the Certified Local Government (CLG) Program to
encourage direct participation of local governments in the identification, evaluation,
registration, and preservation of historic properties within their jurisdictions and promote the
integration of local preservation interests and concerns into local planning and decision -
making processes.
In 1991, the City Council adopted Resolution No. 91-3, which approved participation in the
CLG Program. This made Tustin the first Orange County city to receive CLG status. To date,
there are only 69 CLG cities in California, with Tustin, Santa Ana, and San Clemente being
the only CLG cities in Orange County.
The California State Office of Historic Preservation (OHP) administers the CLG Program in
accordance with the Act. The benefits of participating in the CLG Program include:
• Access to various technical assistance, including training opportunities, resource
support, publications, and grants.
• Indirect economic benefits associated with a commitment to historic preservation,
such as increased property values, community pride, the revitalization of historic
downtowns, adaptive reuse of districts and buildings leading to resource conservation,
utilization of existing infrastructure, local job creation and purchasing, support for small
business development and heritage tourism, along with enhancements to community
character and quality of life.
• Eligibility for Federal grants from the Historic Preservation Fund, administered by the
OHP.
• Ability to expedite project approvals by using categorical exemptions that comply with
the adopted National Register/California Register criteria and the Secretary of the
Interior's Standards, as required under the California Environmental Quality Act
(CEQA) and Section 106 of the Act.
Participation in the CLG Program requires the City's ongoing commitment to the following
essential responsibilities:
1. Enforce State and local laws and regulations regarding designated historic properties.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
City Council Agenda Report
2023-2024 Certified Local Government Annual Report
March 18, 2025
Page 3
2. Sustain a review by a commission of at least five members who have demonstrated
interest, competence, or knowledge in historic preservation, meeting at least four
times annually.
3. Maintain a system for surveying and inventorying historic properties.
4. Continue to offer opportunities for public participation.
5. Effectively fulfill responsibilities delegated to the CLG by the State OHP
On February 25, 2025, the Planning Commission, acting as the Historic and Cultural
Resources Advisor, approved the 2023-2024 CLG Annual Report and directed staff to
forward the Annual Report to the City Council as a receive and file item and then file the
report with the OHP.
RECOMMENDATION:
Staff recommends that the City Council receive and file the 2023-2024 CLG Annual Report
and direct staff to send the Annual Report to the OHP.
Signed by:
E5"M,
11ECE507A88E4E9...
Mary Salman
Assistant Planner
Signed by:
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Jay Eastman, AICP
Assistant Community Development Director
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Signed by:
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ED45DA2623654A5...
Justina L. Willkom
Community and Economic Development Director
Attachment:
1. 2023-2024 Certified Local Government Annual Report
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
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Name of CLG
Citv of Tustin
Report Prepared by: Date of commission/board review:
Mary Salman February 25, 2025
MINIMUM REQUIREMENTS FOR CERTIFICATION
I. Enforce Appropriate State or Local Legislation for the Designation and Protection of Historic Properties.
A. Preservation Laws
1. Are you considering amending or revising your certified ordinance this year? No.
REMINDER: Pursuant to the CLG Agreement, the Office of Historic Preservation (OHP) must have the opportunity to review
and comment on ordinance changes prior to adoption. Please communicate directly with the OHP Local Government Unit
staff to coordinate the review. Changes that do not meet the CLG requirements could affect certification status.
2. Provide an electronic link to your ordinance or appropriate section(s) of the municipal/zoning code. Please refer to Tustin
City Code Section 9252- Cultural Resource District.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
B. New Local Landmark Designations (Comprehensive list of properties/districts designated during the reporting.
1. During the reporting period, October 1, 2023 — September 30, 2024, what properties/districts have been locally
designated?
Property Name/Address
Date Designated
If a district, number of
contributors
Date Recorded by County
Recorder
N/A
N/A
N/A
N/A
Reminder: Pursuant to California Government Code § 27288.2, "the county recorder shall record a certified resolution establishing
an historical resources designation issued by the State Historical Resources Commission or a local agency, or unit thereof. "
2. What properties/districts have been de -designated this past year? For districts, include the total number of resource
contributors.
Property Name/Address ==Date
Removed
I Reason
N/A
I N/A
I N/A
C. Historic Preservation Element/Plan
Do you address historic preservation in your general plan? ❑ No
❑ Yes, in a separate historic preservation element. x❑ Yes, it is included in another element.
Provide an electronic link to the historic preservation section(s) of the General Plan or to the separate historic preservation
element. https://www.tustinca.org/396/General-Plan
D. Review Responsibilities
1. Who takes responsibility for design review or Certificates of Appropriateness?
❑ All projects subject to design review go the commission.
x❑ Some projects are reviewed at the staff level without commission review.
2
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
Most design reviews and certificates of appropriateness occur at the staff level, with the Community Development
Director acting as the approval authority. Additionally, the City periodically hires a historical consultant to perform
independent and/or peer reviews of historical assessments. Design reviews of projects within specific plan areas and
those associated with discretionary actions are reviewed by the Planning Commission, which serves as the City's
Historic Cultural and Resources Advisor. A total of five Certificates of Appropriateness were issued during this reporting
period at the following addresses: 168 N. A Street, 170 S. Myrtle Avenue, 320 W. Main Street, 397 El Camino Real, and
170 N. B Street.
2. California Environmental Quality Act (CEQA)
• Explain the historic preservation staff and commission role in providing input to CEQA documents prepared for or by the
local government.
City staff are actively involved in the CEQA process. They offer input as project planners on potential CEQA issues
related to historic resources. Input from the Commission is requested and received as necessary concerning any
potentially significant impacts on designated or eligible resources in the City.
• Explain the staff and commission's role in reviewing CEQA documents for projects that are proposed within the
jurisdiction of the local government.
All CEQA documents undergo review during the administrative draft stage before being released to the public, ensuring
that any potential impacts are adequately addressed. Furthermore, input from the Commission is sought and obtained
as needed regarding any potentially significant impacts to designated or eligible resources in the City.
3. Section 106 of the National Historic Preservation Act
• Explain the staff and commission role in providing input to Section 106 documents prepared for, or by, the local
government.
The City has not prepared or enlisted the preparation of Section 106 documents in past reporting periods during the
subject reporting period.
7
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
• Explain the staff and commission role in reviewing Section 106 documents for projects that are proposed within the
jurisdiction of the local government?
City staff periodically review Section 106 documents that are sent via email from applicants or consultants working on
projects within the City's jurisdiction (i.e. wireless communication facilities). If a Section 106 document is received, the
information and map is reviewed and evaluated by City staff and a response is typically provided via email to the
applicant or consultant. The Planning Commission does not have a role in the review of Section 106 documents.
II. Establish an Adeauate and Qualified Historic Preservation Review Commission by State or Local Leaislation.
A. Commission Membership
Name
Professional Discipline
Date Appointed
Date Term Ends
Email Address
Eric Higuchi,
Chairperson
Consultant for Project
Management Services
4/6/2021
3/1/2025
ehiguchi tutinca.org
Tanner Douthit,
Chair Pro Tern
Risk Management Services
4/4/2023
3/1/2027
tdouthit(a)_tustinca.orq
Steve Kozak,
Commissioner
Public Administration
4/6/2021
3/1/2025
skozak(@tustinca.org
Amy Mason,
Commissioner
Marketing Communications
Executive
4/4/2023
3/1/2027
amason(�tustinca.orq
Dave Mello,
Commissioner
Business Vice President of
Project Management
Group
4/6/2021
3/1/2025
dmello .tustinca.org
Type here.
Type here.
Type here.
Type here.
Type here.
Type here.
Type here.
Type here.
Type here.
Type here.
Type here.
Type here.
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type here.
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4
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
Attach resumes and Statement of Professional Qualifications forms for all members.
1. If you do not have two qualified professionals on your commission, explain why the professional qualifications have not been
met and how professional expertise is otherwise being provided.
All five Planning Commissioners, who served during the reporting period, have demonstrated competence and knowledge in
historic preservation. All Commissioners are members of the California Preservation Foundation, and Commissioner Kozak is
a long-time National Trust for Historic Preservation member. The Tustin City Council considers professional backgrounds and
experience in fields such as architecture and architectural history when evaluating applications for Commissioner appointments.
According to City Council Resolution No. 18-78, all Planning Commissioners serving as Historic Cultural and Resource Advisor
(HCRA) to the City Council must participate in historic preservation training each year during their terms on the Planning
Commission.
2. If all positions are not currently filled, why is there a vacancy, and when will the position be filled? N/A
B. Staff to the Commission/CLG staff
1. Is the staff to your commission the same as your CLG coordinator? 0 Yes ❑ No
2. If not, please provide the Commission staff member's contact information.
3. If the position(s) is not currently filled, why is there a vacancy? N/A
Name/Title
Discipline
Dept. Affiliation
Email Address
Justina Willkom, Community
Urban and Regional Planning
Community and Economic
jwillkomCa-)-tustinca.org
and Economic Development
Development Department
Director
Jay Eastman, Assistant
Urban and Regional Planning
Community and Economic
ieastman(aMustinca.org
Community Development
Development Department -
Director
Historic Preservation
A
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
Raymond Barragan,
Urban and Regional Planning
Community and Economic
rbarragan(@tustinca.orq
Principal Planner
Development Department -
Historic Preservation
Erica Demkowicz, Senior
Urban and Regional Planning
Community and Economic
edemkowiczQtustinca.org
Planner, AICP
Development Department -
Historic Preservation
Mary Salman, Assistant
Urban and Regional Planning
Community and Economic
msalman(a)tustinca.org
Planner
Development Department -
Historic Preservation
Attach resumes and Statement of Professional Qualifications forms for staff.
C. Attendance Record
Please complete the commission meeting attendance chart for each commissioner and staff member. Commissions are
required to meet a minimum of four times a year. If you haven't met at least four times, explain why not.
Commissioner/Staff
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Se
Eric Higuchi
0
❑
0
0
0
0
0
❑
0
0
0
0
Tanner Douthit
0
❑
0
0
0
0
❑
0
0
0
0
0
Steve Kozak
0
❑
0
0
0
0
0
❑
0
0
0
❑
Dave Mello
0
❑
0
0
0
0
0
0
0
0
0
❑
Amy Mason
0
❑
0
0
0
0
0
0
0
0
❑
0
Justina Willkom
0
0
0
0
0
0
0
0
0
0
0
0
Jay Eastman
0
0
0
0
0
0
0
0
0
0
0
0
Raymond Barragan
0
0
0
0
0
0
0
0
0
0
0
0
Erica Demkowicz
❑
❑
0
❑
❑
❑
0
❑
❑
❑
0
❑
Mary Salman
❑
❑
0
❑
❑
❑
0
0
❑
❑
0
❑
C.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
D. Training Received
Please indicate the specific training each commissioner received last year.
Reminder: It is a CLG requirement that all commissioners and staff to the commission attend at least one training program
relevant to your commission each year. It is up to the CLG to determine the relevancy of the training.
Commissioner/Staff
Training Title & Description
Duration of
Training Provider
Date
Name
(including method
Training
presentation, e.g., webinar,
workshop)
Eric Higuchi,
Design Review Process for
1 hour
City Staff
12/12/2023
Chairperson:
Historic Resources
Total Reporting Hours 2
hours
Old Town Walking Tour
1 hour
City Staff
5/14/2024
Tanner Douthit, Chair
Design Review Process for
1 hour
City Staff
12/12/2023
Pro Tem: Total
Historic Resources
Reporting Hours: 2
hours
Old Town Walking Tour
1 hour
City Staff
5/14/2024
Steve Kozak,
Design Review Process for
1 hour
City Staff
12/12/2023
Commissioner: Total
Historic Resources
Reporting Hours: 3.75
Introduction to Secretary of
1.75
Secretary of Interior
12/31/2023
Interior Standards for Treatment
Standards
of Historic Properties
Old Town Walking Tour
1 hour
City Staff
5/14/2024
Amy Mason,
Design Review Process for
1 hour
City Staff
12/12/2023
Commissioner: Total
Historic Resources
Reporting Hours: 2
hours
Old Town Walking Tour
1 hour
City Staff
5/14/2024
7
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program
(Reporting period is from October 1, 2023,
-- 2023-2024 Annual Report
through September 30, 2024)
Dave Mello,
Design Review Process for
1 hour
City Staff
12/12/2023
Commissioner: Total
Historic Resources
Reporting Hours: 2
hours
Old Town Walking Tour
1 hour
City Staff
5/14/2024
Justina Willkom,
Design Review Process for
1 hour
City Staff
12/12/2023
Community
Historic Resources
Development Director:
Total Reporting Hours:
Tustin Icons Cemetery Tour
1 hour
City Staff
5/13/2024
3 hours
Old Town Walking Tour
1 hour
City Staff
5/14/2024
Jay Eastman, Assistant
Design Review Process of
1 hour
City Staff
12/12/2023
Director, Planning: Total
Historic Resources
Reporting Hours: 2
hours
Old Town Walking Tour
1 hour
City Staff
5/13/2024
Raymond Barragan,
Design Review Process for
1 hour
City Staff
12/12/2023
Principal Planner: Total
Historic Resources
Reporting Hours: 3
hours
Tustin Icons Cemetery Tour
1 hour
City Staff
5/13/2024
Old Town Walking Tour
1 hour
City Staff
5/14/2024
Erica Demkowicz,
Design Review Process of
1 hour
City Staff
12/12/2023
Senior Planner: Total
Historic Resources
Reporting Hours: 15.5
hours
Tustin Icons Cemetery Tour
1 hour
City Staff
5/13/2024
Old Town Walking Tour
1 hour
City Staff
5/14/2024
Visit the Museum Day
1.5 hours
City Staff
5/09/2024
Informational Booth
Learn about Tustin's History
1.5 hours
City Staff
5/10/2024
Informational Booth City of
Tustin Historic Preservation
Week
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program
(Reporting period is from October 1, 2023,
-- 2023-2024 Annual Report
through September 30, 2024)
Historic Symposium
3.5 hours
Orange County American
9/5/2024
Planning Association
Historic Districts Explained:
2 hours
California Preservation
9/12/2024
Understanding Designations,
Foundation
Diversity, and Current
Challenges, Part I
Historic Districts Explained:
2 hours
California Preservation
9/19/2024
Understanding Designations;
Foundation
Part II
Documenting and Disassembling
2 hours
California Preservation
10/11/2024
an NHL: Hazard Response for
Foundation
the Wayfarers Chapel
Mary Salman, Assistant
Tustin Icons Cemetery Tour
1 hour
City Staff
5/13/2024
Planner: Total
Reporting Hours: 27.5
Old Town Walking Tour
1 hour
City Staff
5/14/2024
hours
Home and Garden Historic
9 hours
City Staff
5/18/2024
Preservation Informational Booth
as part of City of Tustin Historic
Preservation Week
Historic Preservation Booth at
9 hours
City Staff
6/2/2024
the Tustin Street Fair as part of
the City of Tustin Historic
Preservation Week
Historic Symposium
3.5 hours
Orange County American
9/5/2024
Planning Association
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
Historic Districts Explained:
2 hours
California Preservation
9/12/2024
Understanding Designations,
Foundation
Diversity, and Current
Challenges, Part I
Historic Districts Explained:
2 hours
California Preservation
9/19/2024
Understanding Designations;
Foundation
Part 11
III. Maintain a System for the Survey and Inventory of Properties that Furthers the Purposes of the National Historic
Preservation Act
A. Historical Contexts: initiated, researched, or developed in the reporting year (excluding those funded by the OHP)
Reminder: California CLG procedures require CI -Gs to submit survey results, including historic contexts, to the OHP. If you have
not done so, submit an electronic copy or link if available online with this report.
Context Name
Description
How it is Being Used
Date Submitted
to the OHP
Historical Background
Analyzes the historical contexts and
Tustin's built environment
12/20/2021
(Tustin Area, pre-1870);
themes from pre-1870 to 1976, with a
showcases a range of architectural
Establishment and Early
focus on: (1) The Tustin Area before
styles and types that reflect various
Development of Tustin City
1870; (2) The establishment and early
periods in the city's historical
(1870-1913); Tustin
development from 1870 to 1913; (3)
development. These diverse styles
Becomes a City (1914-
Tustin's transition to a City from 1914 to
give Tustin unique qualities and
1945); Postwar
1945; (4) Postwar development in
contribute to the community's
Development in Tustin
Tustin from 1946 to 1976; and (5)
character. The Historic Context
(1946-1976); Architecture
Architecture and Design from 1870 to
Statement is the foundation for the
and Design 1870-1976
1976.
City's Historic Survey Update and
offers historical information.
10
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
B. New Surveys or Survey Updates (excluding those funded by the OHP)
Note: The evaluation of a single property is not a survey. Also, material changes to a property that is included in a survey, is not
a change to the survey and should not be reported here.
Survey Area
Context
Level:
Acreage
# of
Date
Date Submitted to
Based-
Reconnaissance
Properties
Completed
the OHP
es/no
or Intensive
Surveyed
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Explain how you are using the survey data: N/A
IV. Provide for Adequate Public Participation in the Local Historic Preservation Program
A. Public Education
Has your CLG undertaken any public outreach, training, or publications programs this year? How were the commissioners
and staff involved? Please provide an electronic link to all publications or other products not previously provided to the OHP.
Item or Event
Description
Date
Sunset Market
The City of Tustin's 2024 Sunset Market is a monthly community
3rd Thursday of every
event held on the third Thursday from May to September, 5:00 PM
month from May to
— 8:30 PM in Old Town Tustin (El Camino Real & Third St.). It
September 2024
features artisan vendors, a farmer's market, live music, food
trucks, and a beer & wine garden.
Historic Preservation Week
The City of Tustin held its inaugural Historic Preservation Week
Ongoing: May 7-14,
celebrating the City's rich history through various in -person and
2024
virtual events and activities. The week featured the launch of the
Old Town Historic Virtual Walking Tour, offering residents and
visitors an interactive way to explore Tustin's heritage. The Tustin
Area Museum welcomed guests to explore local artifacts and
11
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program
(Reporting period is from October 1, 2023,
-- 2023-2024 Annual Report
through September 30, 2024)
Item or Event
Description
Date
exhibits, while the Tustin Preservation Conservancy provided
insights into preservation efforts within the community. The week
concluded with guided tours highlighting significant historical sites,
such as the Cox Market Plaza and the Santa Ana Cemetery, where
participants learned about notable figures from Tustin's past.
Online information was also presented on the City's focused
webpage (https://www.tustinca.org/l503/Historic-Preservation-
Week)
Artwalk and Artesian Market
Plein art competition and Old Town Tours, sponsored jointly by the
Ongoing: October
City of Tustin, Tustin Area Council for Fine Arts, Tustin Area
21, 2023
Historical Society, Tustin Preservation Conservancy, and OC
participate/attend the event.
Old Town Tustin Home and Garden Tour
The Tustin Historical Society held its annual tour of historic homes
Ongoing: May 18,
and gardens throughout Old Town Tustin. The event includes live
2024
entertainment, vendors, and both motorized and horse-drawn
trolley service for attendees. Participants enjoyed a walking tour
where commissioners, staff and the public learned about early
Tustin history and residential architectural styles.
Tustin Street Fair in Old Town Tustin
Street fair highlights local vendors and attracts over thirty thousand
Ongoing: June 2,
visitors in one weekend to Old Town Tustin.
2024
Tustin Community Foundation Sip and
The Tustin Community Foundation held a pedestrian -friendly
Ongoing: February
Stroll
walkable event throughout Old Town Tustin in which businesses
24, 2024
offer tastings of food and/or beverages, including alcoholic
beverages.
Virtual Walking Tour
The Old Town Tustin Historic Virtual Walking Tour is a self -guided
Ongoing
walking tour that features 14 historic sites throughout the Old Town
area and takes participants on a journey through Tustin's history.
As tour participants reach each stop, historic photos and facts
about the site are accessible on any mobile device. The walking
12
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program
(Reporting period is from October 1, 2023,
-- 2023-2024 Annual Report
through September 30, 2024)
Item or Event
Description
Date
tour was created to promote interest in historic preservation in
Tustin, and to generate new excitement around the City's rich
history (https://www.tustinca.org/1492/Virtual-Walking-Tour).
Historic Cultural and Resource Advisor
City of Tustin staff provided one presentation to the HCRA
Ongoing
(HCRA)
(Planning Commission) regarding Tustin's Design Review process
Training
as it relates to Historic properties.
Tree Lighting in Old Town
Tree Lighting Ceremony in Old Town Tustin. Commissioners may
December 8, 2024
participate by attending events or visiting local businesses in the
evening.
Historic Plaque and Commendation
Plaque Nomination and Commendation programs administered by
Ongoing
Programs
City Staff in coordination with the Tustin Preservation
Conservancy, and Tustin Area Historical Society/Museum. Staff
provides a presentation with historical background for Plaque
Nominations and Commendations to the Historic Cultural
Resources Advisor (Planning Commission).
Mills Act Program Materials
Materials that highlight the Mills Act benefits, eligibility, and
Ongoing
process for homeowners to apply for the Mills Act program. The
City website contains an informational flyer, application, and
additional information about the Mills Act. Staff give the
Commission updates on the City Council decisions on Mills Act
applications.
The City of Tustin historic preservation website offers detailed
Ongoing
City of Tustin Historic Preservation
information regarding historic resources. This includes the Mills
webpage
Act Program, the Historic Register Plaque Program, and the
Commendation Program. Additionally, the City's Residential and
Commercial Design Guidelines for the Cultural Resources District,
along with the State of California Secretary of the Interior's
Standards for the Treatment of Historic Properties, links to the
13
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
Item or Event
Description
Date
Tustin Preservation Conservancy, the Tustin Area Historical
Society, and other resources related to historic preservation are
readily available to the public. Furthermore, the 2021 Historic
Resources Survey Story Map is now accessible on the City's
website as well. Lastly, information about the City's Cultural
Resources District can be found in Section 9252 of the Tustin City
Code.
The event took place in the City of Tustin and featured speakers
Ongoing: September
8` Annual Historic Symposium
from the city staff and the local community who discussed various
5, 2024
aspects of historic preservation and how historic preservation
relates to the field of planning. The symposium offered a platform
for professionals and enthusiasts to engage in discussions about
preserving the rich history of Orange County.
ADDITIONAL INFORMATION FOR NATIONAL PARK SERVICE ANNUAL PRODUCTS REPORTS FOR CLGS
During the reporting period (October 1, 2023 — September 30, 2024), how many historic properties did your local government
add to the CLG inventory? This is the total number of historic properties and contributors to districts (or your best estimate of
the number) added to your inventory from all programs, local, state, and Federal, during the reporting year. This includes
the National Register, California Register, California Historical Landmarks, locally funded surveys, CLG surveys, and local
designations.
Program area Number of Properties added
N/A N/A
A. Local Register (i.e., Local Landmarks and Historic Districts) Program
1. During the reporting period (October 1, 2023 — September 30, 2024), did you have a local register program to create
local landmarks and/or local districts (or a similar list of designations) created by local law? x❑Yes ❑ No
2. If yes, how many properties have been added to your register or designated during the reporting period? None
14
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
C. Local Property Tax Incentive Program
1. During the reporting period (October 1, 2023 — September 30, 2024), did you have a Mills Act program? x❑ Yes ❑
No
2. If yes, how many properties entered into a contract during the reporting period? None.
Name of Program
Number of Properties Added During
Total Number of Properties Benefiting
2023-2024
From Program
Tustin Mills Act
0
33 properties as of September 30, 2024
Program
D. Local "bricks and mortar" grants/loan program
1. During the reporting period (October 1, 2023 — September 30, 2024) did you have a local government historic
preservation grant and/or loan program for rehabilitating/restoring historic properties? ❑Yes x❑No
2. If yes, how many properties have been assisted under the program(s) during the reporting period?
Name of Program
Number of Properties that have Benefited
N/A
N/A
E. Design Review/Local Regulatory Program
1. During the reporting period (October 1, 2023 — September 30, 2024) did your local government have a historic
preservation regulatory law(s) (e.g., an ordinance) authorizing Commission and/or staff review of local government
projects or impacts on historic properties? x❑ Yes ❑ No
2. If yes, how many historic properties did your local government review for compliance with your local government's
historic preservation regulatory law(s) during the reporting period? N/A
F. Local Property Acquisition Program
15
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Certified Local Government Program -- 2023-2024 Annual Report
(Reporting period is from October 1, 2023, through September 30, 2024)
1. During the reporting period (October 1, 2023 — September 30, 2024) did you have a local program to acquire (or help
to acquire) historic properties in whole or in part through purchase, donation, or other means? ❑Yes ❑x No
2. If the answer is yes, then how many properties have been assisted under the program(s) during the reporting period?
Name of Program
Number of Properties that have Benefited
N/A
N/A
IN ADDITION TO THE MINIMUM CLG REQUIREMENT THE OHP IS INTERESTED IN YOUR TRAINING NEEDS
In years past, the OHP sponsored a series of free CAMP trainings from the National Alliance of Preservation Commissions (NAPC).
Would you be interested in attending future CAMP trainings funded by the OHP? Yes.
The OHP has also hosted training workshops and webinars of our own, and we plan to do so again in the coming year and beyond.
What are some topics you would like to see covered in these trainings? Best practices for restoration of historic residences and
resources for homeowners that local governments can share via website with the public, best practices on updating older historic
preservation ordinances (what to include and what to watch out for), latest trends in historic preservation and adaptive reuse.
XII Attachments (electronic)
x❑ Resumes and Statement of Qualifications forms for all commission members/alternatives and staff
x❑ Minutes from commission meetings
❑ Drafts of proposed changes to the ordinance
❑ Drafts of proposed changes to the General Plan
❑ Public outreach publications
Email to: info.calshpo(a)parks.ca.gov
16
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AMY KAVANAU H MASON
Strategic, entrepreneurial and hands-on marketing and communications executive with more two decades of agency and In -houses
experience building and guiding engagement teams for global consumer and technology brands, Atrusted advisor to C-suite
executives and brand leaders, led internal and external communications for several high -profile brand turnarounds. Proven
expertise In developing Integrated marketing strategies and Initiatives that drive sales, brand equity and growth, Leader of more
than ISO+ high profile, insights driven and award winning product launches and service offerings for a variety of brands and
organizations including Apple, Dine Brands, Microsoft (MSN), Netflix, The GRAMMY'S, the Motion Picture Association (MPA),
Starbucks and Taco Bell Corp. Expertise in roputation management, narrative development and brand storytelling; developing and
executing executive thought leadership platforms; digital, social and traditional media engagement; internal and external
stakeholder and Influencer relations; Issues mitigation and crisis management.
FORT ASHFORD FUNDS, LLC I Newport Beach, CA
Venture Capitaf & Private Equity
Managing director --Restaurants, Retail and Technology 1212019 to Present
Strategic advisor and interim leadership for portfolio companies.
DINE BRANDS&OBAL, INC I Glendale, CA
The largest full service restaurant company in the worlds" parent company of INOP and Applebee's
SVP Global Communications: CMd International 712016 to 1112019
Recruited by CEO to help rebuild brand reputation and Increase overall brand Insights and advocacy for IHOP and Applebee's
restaurants around the world. Lead corporate affairs,, research and Insights via the Dine Research Institute; guest relations; brand
Communications, executive thought leadership; media relations; employee, team member and franchisee engagement. Primary lead
of cross -functional teams that oversee crisis and issues mltigation, events, community affairs, and sustalnability. Chief Marketing
Officer of international reframing and relaunching brands in key markets.
TACO BILL CORP. I YUM 13RAND5 I Irvine, CA
$98 global quick service restaprant with mars` 7000restaurants around the world
Chlef Pubile Affairs Officer 612013 eo Y12016
Executive Director, Taco Hell Foundation 112012 to 612016
Vice President, Pub iicAffairs anti Brand Engagement 612011 to 5/201a
Recruited by CEO as key member of the executive team responslbie for building brand reputation and Increasing overall brand
advocacy. Reallocated existing resources to build Integrated internal and external communicatlons and public affairs teams to
protect, promote and defend Waco Hell. Leading corporate affairs; brand communications; executive thought leadership; social and
traditional media relations; team member engagement. primary lead of cross -functional teams that oversee crisis and issues
mitigation, events, community affairs, sustainability and ongoing purpose driven work, Highlights Include-
* Increased communications transparency, authenticity and relevance new approach to listening and engaging with stakeholders
via digital, social, mobile and traditional channels; launched the Taco Bell Newsroom made up of nearly 40+ cross functional
content creators developing real-time brand content and story telling.
* Developed and executed 50+ break though and award winning integrated communicatlons campaigns Including 501x
Anniversary, Dorltos Locos Tacos, Cantina Bell, Breakfast, Mobile Ordering/Payment, Live Mas Scholarships, ingredient
transparency, cage -free eggs, among others supporting 5 straight years of same store sales and transaction growth.
• Led numerous public relations firsts In area of social engagement, leveraging emerging channels (eg TWitter, Periscope and
Snapchat) as a means of driving visibility and recognition for marketing Innovation.
• Visibility and outreach resulted in numerous awards for the brand including AdAge Marketer of Year (2015), Hottest Digital
Marketer (2013, 2015),3 Cannes Lions recognizing Public Relations, and Fast Company 10 Mgg laagyj iV .Co
• Initiated and extended ongoing engagement with key regulators (CDC, FDA, local hoalth departments), polley makers (White
Douse, Capitol Hill), and advocacy groups (CSPI, Humane Society, otc.)
• Expanded Taco Bell Foundation fundralsing from $4MM to $.14MM a year to become one of the largest teen focused 501c3s.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
EDELMAN 1 Los Angeles I Seattle i London I Singapore
Workl's leadin0 independent communleodans marketingfirm
Public Engagement Co -Chair; EVP, Global Client Relationship Manager, Starbucks 6120O5 to 512011
SVPIEVP, Digital, Entertainment, Rights & Technology 8120O1 to 112005
Served In a variety of senior roles at Edelman, the worid's largest communications marketing flan, lending several high -profile B2B
and 82C brand reputation campaigns and crisis engagements. Highlights Include;
+ Tapped by Edelman CEO as one of 6 founding Global Client Relationship Managers (GCRM) to serve as senior counsel to
Starbucks leadership team from 20OS to 2011 and expanded the firms reach and Influence from two US offices to becoming the
globalAgency of Record and overseeing the work of 100•r professionals, in over twenty-two Edelman offices around the world.
+ Primary and day to day agency counsel to CEO Howard Schultz and Starbucks leadership team during execution of
transformation agenda From 2007-2011; Strategic corporate and consumer branding counsel, financial communications counsel,
executive thought leadership, employee engagement; traditional, social and digital media and Influencer engagement; new
market entry planning and research; Issues and crisis mitigation; and event management across the Americas, Asia Pacific,
Europe, the Middle East and Africa.
• Envision/manage Digital Entertainment, Rights and Technology practice (headquartered out of Los Angeles office, with
expanded practice areas In London, NYC, Seattle and DC) P&I- capitallxe on the proliferation of consumer technology, the
accesslbiiltyofthe web, growing demand for entertainment contentandthe emergence of social media platforms,
• An Integral part of the development and execution of; My5pa€e Initial corporate narrative, working with Chris De.Wolfe and Tom
Anderson through rise and acquisition by News Corp.; motion picture Industry's anti -piracy efforts (Rated I for Illegal) and
member of communications counsel to MPA president Jack Valenti.
OHGOLLY.COM I HiGH'TOWER TECHNOLOGY I Newport Reach, CA
industry's taading provider of ewCommerce er:crbled, click and build websltes for small and madlum ,business
Ca founder%Vice President of Marketing 1999.2001
Acquired, repositioned end relaunched this click and build website In 1999 to become the leading eCommerce solution for small
businesses.
G1MPLUS (Now GEMALTO) I Redwood City, CA
lndustWs loading provider of e-Commerce enabted, click and build websites for small and medium business
Director, Global Marketing and Communications 19971999
Recruited by CEO to join leadership team and help build awareness and understanding for smart card technology in the US anti
emerging markets, team efforts resulted in bullding a $ISOM business in 2 years and focused on the convergence between Smart
cards, the Internet, cellular telephony, network security, portable software applications and mobile payment. A division of Gemplus
SCA, now Gemaito $213), the world leader in smart cards.
SHANDWICK-SOLIN HARRIS•HKECH Pit (Now GOLIN) I San Francisco I Boston I Sydney
Vice President, Technology Accounts 1996.1997
APPLE I Cupertino, CA
Power Macintosh Public Relations 1994.1996
BACHELOR OF AR`IS is UNIVI:)iWY OF CAL•IFORNIA,'SANTA BARBARA
Major., Communkatlans Studies
Additional Experience:
Tustin City Planning Commission -- March 2016 - Present
Member Board of Directors at DiscoveryCube Orange county - 2012 - Present
National Board of Trustoes at Boys and Girls Clubs of America 2013 — 2017
Schultz Foundation 100,000 Opportunities initiative, Strategic Oversight Committee, August 2015 to 2017
(http;//WwwAOOkopportunities.org/ Volunteer Experience)
#114
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Stephen V Kozak, Jr.
PROFESSIONAL EXPERIENCE AND ACCOMPLISHMENT'S
2017 — 2020 Legislath e & PoNcyAnalyst, OraVe CounlyFublic Worl'cs Agency
■ Monitor, research, analyze, and interpret proposed state and federal legislative, regulatory, and
fiscal bills and activities for potential financial and operational impacts on the Agency.
a Prepare and present accurate and timely reports and recommendations on pending legislative
and policy issues mad proposals to executive management.
Management Coxnsultrutt, A'oxakConsuldeg Group
2015.2017 Provide strategic, management, and financial consulting services to government and
non-profit agencies, including analysis of methods and practices, project planning,
policies & procedures, budgeting and business plains, and administrative and operational
improvements.
Adialvistrative Services Officer, FamilrAssistwnce Ministries
2014 - 2015 " Planned and directed administrative and financial support operations, including budget
planning aid reporting, regulatory compliance, and audit coordination for a homeless
and hungerprevention non-profit agency with a 26 bed women's transitional shelter,
and food pantry serving 3,600 clients each month in south Orange County.
Financial & IT Semices Dfrector, Municipal WarerDktrict of orange Canary
2012 - 2013 ■ Provided strategic leadership in developing, implementin& and sustaining best financial and
business management practices including managing a $144 million annual operating budget and.
a $14 txuliion fixed income investment program.
■ Planned, organized, and directed full service finance and accounting department, including
budget administration, investment management, banking and treasury operations, procurement
and contracts, mud IT systems and user support
2006 - 2012 Chief 1.l dmAristrative Officer, Childrety & Families Commission of Orange County
r planned, organized, and directed administrative service support includingprogratm development
and evaluation, financial, Accounting and audit functions, contract Administration, IT systems,
procurement, and scheduling of administrative and internal support services.
• Managed a 546 :million annual operating budget and a $120 million fixed income investment
program, including portfolio benchmark performance evaluation and reporting,
• Prepared and managed strategic plans, annual business plans and budgets, along with KPi
perfon sane measurement, monitoring, and reporting.
2005 - 2005 Cottraliet; Los Angeles County Superior Court
r Diwctrd a comprehensive program of financial management, Accounting operations, and
revenue fume tions, including administration of the Couct's $665 nmilhon annual operating budge t,
budget v. actual monitoring and reporting, revenue and expendikYre forecasting, annual audit,
administration of gmmts totaling $14 million, procurement, and collections.
r Planned and directed development and implementation of a new revenue collection, Allocation,
accounting, aml reporting structure for civil court fees totaling $12 million annually.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
. )hen Y. Kozak, Jr.
PROFESSIONAL EXPERIENCE AND ACCOMPLISHMENTS(CONTINUED)
2000 - 2005 .Financial Manatger, Budget, Debt & Treasury, Los Angeles WorldAlrports
■ Directed the Financial Planning Division, including Budget, Rates, Fees & Charges, FAA
Grant Programs, and Debt & Treasury Management activities,
■ Established and managed LAWNs $300 million Commercial Paper (CP) capital
irnprovecneut projects financing programs
■ Planned, organized, and managed preparation, monitoring, and repDrting for a WS nAlion
Annual Operating Budget, and a $950 million Multi -Year Capital Projects Budget.
1994 - 2000 .FyinanclalNanagcr, .F'iuurice & Riskmanagement, orange COURO' W.161don Dishier
■ Planned and directed $440 million fixed and variable rate Certificates of Participation
(COP) financing program, for capital projects, including refundkig, and new money
issues.
■ Controlled insurance and riA ntauagenaent programs for art asset base valued at 31.5 billion,
■ Initiated, implemented, and managed new $350 million fixed income investment program
and treasury operations function.
ADDITIONAL EXPERIENCE
EDUCATION
■ Planning Coaunissioner, City of Tustin, 2006 - Present
■ Citizens Advisory Committee, OCTA, 2016 - Present
Successor Ageacy Board, City of Tustin, 2016 -Present
■ Board Member, CSDA finance: Corporation, 2012 - 2013
■ Board Member, Tustin Community pomadation, 2010 - Present
■ Tustin Police Department Citizen Academy Class No, 30, 2010
• M.B.A., C:alifoniiia State University, Fullerton
■ M.P.A.., University of California, Riverside
■ B.A., Political Science, California State Polytechiaic University, Pomona,
■ Community College Instructor Credentlak Public Services & Administration
r Certified Californian Municipal Treasurer, (CCMT), Cal Municipal Treasurers Association
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
E IC HIGUCHI
Professional Experience
PRINCIPAL 1 FOUNDER, QTative, Inc., Irvine, CA (January 2017 - Current)
Provide consultant and project management services Including general ownership representation, entitlement management, and
financial analysis for residential and commercial developments throughout Southern California.
VICE PRESIDENT, Lehman Brothers Holdings Inc., Irvine, CA (January 2016 . December 2016)
Asalotant Vice President, Irvine, CA (June 2012 - December 2015)
Responsible for the management, repositioning and disposition of approximately $250M In residential, commercial and resort
real estate assets meld within Lehrman Brothers' Western Land Portfolio. Recovery value of the total Western Land Portfolio was
approximately $1 Billion.
LAND ACQUISITION MANAGER, KB Home. Wlldomar, GA (June 2D11 - June 2012)
Land Acqulaltlan Analyst, Wridomar, CA (June 2009 - June 2011)
Responsible for the acquisition of land for new home oammunities In the Los Angeles and Orange County markets for Southern
Callfornla's largest home builder (by unit deliveries from 2008 - 2012).
Duties Included:
a financial underwriting and market research for +1-$200M in land acquisition transactions In Southern California;
• management of feasibility Investigation for potential new land acquisitions;
o negotiation of land acquisition purchase and sales contracts;
preparation of investment committee memorandums for Intemai transaction approval; and
» management of three member land search team.
DEVELOPMENT MANAGER, Emaar International, Irvine, CA (April 2006 - March 2009)
Responsible for the design of residential and hospitality projects and master planned communities in the Middle East/North
Afrlca (MENA) Legion.
DEVELOPMENT PROJECT MANAGER, The Morgan Group, Carlsbad, CA (Jul 2007 - April 2006)
Managed the entitlement and design of for -rent, multifamily communities on the West Coast.
FORWARD PLANNER, KB Home, Los Angeles, CA (June 20D6 - July 2007)
Forward Planning Assaclato, Irvine, CA (March 2005 - June 2006)
Intern, Irvine, CA (January 2006 - March 200s)
Managed the entitlement and design of multifamily, for sale communities in the Los Angeles and Orange County markets.
Education
UNIVERSITY OF CALIFORNIA--1RVINE, Irvine, CA (2000-2005)
e l3nohelor of Arcs In Economics
d 13achelor of Arts in Political Sclenca
• Minor in Philosophy
Professional Designations
i
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UNITED STATES GREEN BUILDING COUNCIL
• Accredited Professional, Leadership in Energy and Environmental Design (LEED AP)
Awards & Service
BUILDING INDUSTRY ASSOCIATION OF ORANGE COUNTY
• Board of Directors (2011 -- 2015)
HOMEAID ORANGE COUNTY
a 501 (c) 3 charitable non-profit organization that builds and renovates sheltars for those In Orange County who find
themselves horneless due to sudden job loss, catastrophic illness, spousal desertion, and domestic vlotence
• Treasurer, Executive Committee (2014 - 2016)
• Member, soard of ❑irectors (2013 - Present)
URBAN LAND INSTITUTE, ORANGE COUNTY
• Vice Chair of Outreach, Management Committee and Advisory Board (2015 - Present)
• Member, Sustainable Communities Initiative Council (2011 -- 2015)
UNIVERSITY OF CALIFORNIA, IRVINE - ALUMNI ASSOCIATION
• Member, Scholarship Committee (2009 — Present)
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
David J. Mello, Jr.
HIGHLIGIITS OF OVALIFICNHONS
• 'Cairn building, inonloring the next goncradon's skill set in land entitlement, product and land islandlog,
ncquisilion, dispel lon, laud dcwclopment, budgeting, pcheduling and deal. structuring.
RELEVANT IUPr.RIENC,t:
Landson Homes, Irvine, CA
Vice PreAftlent of Fornvard Planning — Dwember 2017 — Present
• Direct Report to Division President leading department providing oversight and mentoring to
junior, mid -level Project :Managers, Project Coordinators, while interfacing with other dopartment
heads to support the Division's business plan,
• Assist Acquisitions with due diligence efforts and underwriting to present to DOD.
• Master Plan Design and Development/Entitlement
• Lead team to develop product for both MF and SFR product types.
• 2020 - $230MM annual division revenues and 458 solos 300 deliveries/year from zero in 2017.
The New Home Company, Aliso Viejo, CA
Director, Projee i Management —:tune 2014 — November 2017
* Direct report to Division President assisting with junior, mid -level Project Managers, Project
Coordinators and Contract Administratom.
• Regular interaction with. COO, CMO and internal Design Review Committee leading project
development inclusive of award winning 54 attached duplex product (Amethyst) in the Parasol
Park PA of The Great Park (Five Poirnu Community).
* Part of divisional senior wam developing policies, procedures and RM? s for corporate wide
implenicutation.
• Part of the, senior (own resolving in ill devclopinwkt sitcs land developunont constraints,
• Created separate scheduling and budgeting templates for TNIIC Project Management Team and integrated
it into BMW for financial controls for public reporting.
* Entitled (2) 40-unit commwxlties in San Juan Capistrano and Orange, CA. Inclusive of full CF.QA
processing of an EIR, Tentative Tract Map, Major Site Plan and Conditional Uso Peanut.
• Coordinated with Land Acquisition L\-,partment on Due Diligence project schodule, and budget for
creation of Board Package.
Sabal hi i nancial Group, LI.,P, Newport Roach, CA
ADC Asset Manager, — June, 2011-- June 2014
• Dispositions of ovor $SOly M in assets with amival peak of $20MM in AZ and FL markets in 2012,
• Untitled 1288 acres in Southeast Florida f'or Master Ulan Community as well as 233 unit subdivision
in Tampa with multiple phases including occupied residents, finished lots and row dirt.
• Lead the undeawriting for land acquisitions in California (1588 unit Master flan) and Florida (418
unit subdivision)
• Senior Asset Manager responsibilities managing dispositions of RE4 assets as well as working out
performing and non-perlornihig loans across tho country for Mixed -Use subdivisions, ,SFR,
multifwnily lots and partially developed projects.
• Created and presented business plans with recommended exit strategies including forward
planning of projects, economic reasihility and nna,rket analysis for projects to lnvcsttnent
Committee members from Sahal, Oaktree and Gibraltar (Toll brothers) subsequently
implementing consensus. Mimorous JV's outperforming prol'orma.
• Exposure and hiLeraction with national, regional and Custom homcbuildefrs in numerous states
including CA, AZ, FL, M, OR, GA, AL, TN, NC, SC, VA & TX.
• Portfolio Leader on underwriting of a $GGMM acquisition of 7 subdivisions located in CA, NV,
ID,'l'.H., SC & NC.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
David I Mello, Jr.
Southern California )Edison, Rosemead, CA (Contract Work through Mideom)
SenaorProjerr Manager; MPP2 C.'W-M March 2010— Seplcntber2010
Temporary assiginnent working with sc.nior rnaliagcnient in Real Propordes Strategic Planning Division.
• Long Range Strategic Planning for Real Mute Department (5Xr Strategic Plan)
• Creating Project Management Organization for Real Properties Division
• Integral part of team that developed Land Use & Land Acquisition Policies & Procedures
• Worked with multiple Business Units to make Business Case for Land Exchange between USFS and SCR
• Created a department budget template for tracking internal and extemal department costs.
• Created regional valuation model for b-adgeting interconnects land acquisition costs,
Centex homes Southern California, Corona, CA
Dir eefor ref Land Development — January 2004 — October, 2009
• Worked closely with Division President, Executive V.P., Regional CPCI and other division
Directors to set strategic initiatives and must key perroramnco. tncauures in business plan. Met
quartoriy with Sales Team. and Executives to measure individual neighborhood success.
• Managed department of up to 12 employees covering; Southern California region
• Average annual department spending $15 to $20 MM
• Managed over $200MM in bonds/Exonerated $65MM
• Processed over $.20lvilvi in cash reirnbursoments
• Managed $45MM in CF D formations and Issuances
• Created CFD tracking modeladopted by caarporate finance to manage bond obligations across country
a Coordinated forward planning, entitlement and development of 3,000 lots in over 32
neighborhoods
• Reviewed and approved tall Project Manager's Schedules, Budgets and Cash Mows monthly in
conjunction with Division Controller, Quarterly review with Regional CIAO] and Executive Vice
President,
• Division annual closings at 350 (2008) up to 2,800 (2006)
EDuC'A'rION
Harvard Gradunte School of Design, Cambridge, MA
f ecative Eduoartan -- Mzdfud Project Alema;cment 2019
University of gauthcru C;alirornin, Los Amg loi, CA
Master of Real £sstalo Devetopmen12004
011fornin State Polytechnic Univonity, Pomona, CA
1lachelor of Science, l andscalm ArchUactura 2001
Clr>ta LksUde, Honors in Landscape Architecture
Notable
• California. Stote Cantrnctors Licenaw "A" (Goaorol Engineering Contractor) Lie # 943027
+ California State Reid Estate Broker's License JD 9 01907368)
• Cer lfted Urban Land Institute's Leadership Prograan for Planned E,ommunitica and Urban Infill
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
City of Tustin
300 Centennial Way
Tustin, CA 92780
lwilll(oma tustinca.org
PROFILE Responsible for the leadership and administration ofthe Community Devrelopment
Department and Planning Commission for the City of Tustin. Responsibilities include:
Current and Advance Planning; Historic Preservation, Building; and Safety, Code
Enforcement; and. Community Development Mock Grant, In a career spxrnting over 30
years, Justina has developed a diversified baclWound W urban, regional, environmental
planning; land. use law; Dousing and demographics, historic preservation; and survey
research and program analysis.
EXPERIENCE DIRFCTOR OF COAFIMUNITY DEVELOPMENT DEPARTMENT, CITY OF TUSTIN
October 2020 -Present
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DEPARTmEn CITY OF TUSTIN
)Lily 2020 - October 2020
Responsible for the leadership and administration of the Community Development
Department and Planning Commission for the City of Tustin. Responsibilities Include, laved
use and environmental planning; historic preservation; building and safety; code
enforcement, and. Community Development Blocic Grant.
ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT DEPAARTMENT- PLANNING,
CITY OF TUSTIN
2013 - July 2020
Responsible for planning Division operation. Responsibilities include; Planning Division
budget; various current planning entitlement projects, advance planning related
projects/programs including historicpreservation; Community Development Block Grant
(CDBG) program; General Plan amendruents and annual report Housing Element update;
Tustin legacy development amid progress report; Redhill Avenue Spedfic Plan; Downtown
Core Specific Plan; various code amencbnents; AB 2766 Program; historic preservation
program; annexation, and emergency management.
Responsible and manage Planning Commission meetings including; Agenda, staffreports,
presentations, worksbops, planning educations, and historic preservations.
Acting Zoning Administrator for entitlement projects.
PRINCIPAL PLANNER, CITY OF TUSTIN
2008-2013
Responsible for the Advance and Current Planning Divisions, Reviewed and approved staff
reports to Planning Commission, code arnendtnents, Hnustng Element update, Specific flan
aanendments, historic preservation, progress reports, budget, and emergency management
SENIOR PLANNER, CITY OF TUSTIN
2006-2008
Processed entitlement projects, managed CDEG program, prepared (-lousing Element
update and its progress reports, code amendments, and public counter.
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Justina Wilikom
ASSOCIATE PLANNER, CITY OF TUSTIN
1998-2006
Managed CD13G program, processed entitlement projects, perforined technlcal work in
current planniaag including ptihlic counter, AB 2766 amoral report, County Island
Annexation and various surveys,
ASSOCIATE PLANNER, CITY OF LA HABRA
1990-t99B
Managed CDBG program, Mortgage Credit Certificate (MCC) program, Air Quality Program,
Housitig program; processed entitlement projects; performed technical work in current
planning including public counter, survey, and G1S application,
,ACHIEVEMENTS HIGHLIGHTS:
,rustin Legacy SpecificlPlan. Completed major amendment to -the Tustin Legacy Specific
Phan by introducing a new vision to the Tustin legacy ernphasizi ng connectivity and
flexibility in laird use management.
Downtown Care Specific Plan. Preservation and development of the Old Town area along
the historic ill Camino Real (Old Town Tustin). Completed the adoption of the Downtown
Core Specific Plan by introducing mixed. use in Old Town Tustin,
Redbill Avenue Specliicl'lan. Completed the adoption of the Redhill Avenue Specific Alan
by introducing mixed use development to the tired Redbill Avenue corridor.
Community Development Bloch Grant. Oversee approximately $900,000 in CDBG antattal
allocation.
S02 Gaunt and Local Early Action Planning Grant, Successfully obtained over $600,000
in grant funding.
Covld-19 'rempoarary Use Permits. Activated the Temporally Use Permits to assist
businesses to operate outdoors during the pandernic.
EDUCATION EDUCATION CALIFORNIA STATE UNIVERSITY, FUtLERTON
Bachelor ofArts in Business Administira Lion
CALIFORNIA STATE UNIVERSITY, FULLERTON
Certificate in Public Employee Leadership
LEADERSHIP TOMORROW
Certificate in Leadership program
WESTCOAST AND ZUCK ER SYSTEMS
Certificate iai'rhe Coanplete Mauageme nt Course for Planning Directors
OTHER CERTIFICATES*
Emergency Management (SIMS, NIMS, ICS)
Storm Water Management (Compliance and. Inspection)
California Building Officials Training Institute Rilstorical Building Code)
ACI"IViTIFS American Planning Association
Planning Directors Association, Orange County
Association Environmental Professionals
Southern Californin Marine Moans
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EDUCATION
1994 to 1997 California Polytechnic University 1997 —Bachelor in Science: City and Regional Planning
San Luis Obispo, CA
1989 to
1994 Orange Coast College
1994 Architectural Technology Certificate (2 Year Program)
Costa Mesa, CA
1992 Associate in Science: Liberal Arts
PLANNING EXPERIENCE
08/2023
— Present Assistant Director
City of Tustin, Community Development Department
300 Centennial Way, Tustin, CA 92780
07/2020
— 08/2023 Planning Manager
City of Corona, Community Development Department
400 S. Vincentia Ave., CA 92882
01/2014
— 07/2020 Principal Planner
City of Riverside, Community & Economic Development Department
3900 Main Street, Riverside, CA 92522
05/2015
— 10/2015 Planning Manager
City of Riverside, Community & Economic Development Department
(Interim)
3900 Main Street, Riverside, CA 92522
02/2012
— 01/2014 Senior Planner
City of Fullerton, Engineering Department
303 W. Commonwealth Ave., Fullerton, CA 92832
05/2006
— 07/2008 Planning Manager
City of Fullerton, Community Development Department
(Interim)
303 W. Commonwealth Ave., Fullerton, CA 92832
08/2002
— 02/2012 Senior Planner
City of Fullerton, Community Development Department
303 W. Commonwealth Ave., Fullerton, CA 92832
11/2001
— 8/2002 Associate Planner
Hogle-Ireland, Inc., Land Planning & Development Consultants
4200 Latham Street, Suite B, Riverside, CA 92501
8/1998 —
11/2001 Assistant Planner
City of Orange Community Development Department
300 E. Chapman Avenue, Orange, Ca. 92866
5/1998 —
8/1998 Contract Planner
Max Bacerra and Associates, Land Use & Planning Consultant
2920 F" Street, Suite F-11, Bakersfield, CA 93301
1/1997 —
9/1997 Planning Assistant
King Ventures, Inc. — Hotel & Corp. Real Estate Development
290 Pismo Street, San Luis Obispo, CA 93401
AFFILIATIONS
American Institute of Certified Planners (AICP), Member
American Planning Association (APA), Member
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National Eagle Scout Association (NESA), Member
National Trust for Historic Preservation, Member
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Raymond Barragan
(626) 232-7080
barraganraymondnmac.com
PROFESSIONAL EXPERIENCE
City of Tustin
Principal Planner
July 2022 - Present
• Interpret Planning codes
• Coordinate the development review process, including meetings with the general public, applicants, architects, engineers,
attorneys, and other City staff, to advise and prepare recommendations for the Design Review team, Planning Commission
and Zoning Administrator, ad hoc committees, citizen groups, City management, and the City Council
• Set up and conduct regular staff meetings to review current planning cases and assign research and case management to the
Planning staff
• Oversee staff to prepare Commission and Council packets, legal advertisements, notifications, and maps
• Review reports and assists in the development of technical projects
• Develop and implement planning unit and department strategic plan through management of staff; and representing the City
as a planning expert in various issues
• Assist in budget preparation
CSG Consultants March 2022 —July 2022
Principal Planner
• Provide staff augmentation for the Principal Planner role for the city of Tustin (Client)
Orange County Local Area Formation Commission (Orange County LAFCO) March 2021 — March 2022
Assistant Executive Officer
• Provide overall project planning, analysis, proposal recommendations and management of State mandated programs of
LAFCO including application processing affecting growth and development patterns, delivery of urban services, and
establishment of local governance options
• Responsible for major proposal analysis, gather and analyze information related to LAFCO applications; prepare background
reports and recommendations; and report orally and in writing to the Commission on proposals and projects
• Coordinate the preparation of LAFCO budget materials for various projects. Responsible for preparation of LACO's annual
budget and monitoring budgetary expenditures throughout the year. Authorizes directly or through staff, budget transfers,
expenditures, and purchases. Coordinate responses to questions posed by auditors
• Provide information and assistance to other governmental agencies, citizens' groups, and individuals; direct studies (e.g., fiscal
and governmental reorganization) related to local agencies; attend Commission and Advisory Committees meetings and staffs
them when necessary
• Provide supervision to administrative staff and oversight of day-to-day Commission operations
• Establish and cultivate relationships with I.AFCO stakeholders; attend local, regional, and state boards, conferences, and
related events
• Monitor changes in laws, regulations, and technology that may affect LAFCO operations; implement policy and procedural
changes as required
• Oversee the selection, training, professional development, and performance evaluation of LAFCO staff; provides policy
guidance and interpretation to staff
• Direct the preparation of and prepares a variety of correspondence, reports, policies, procedures, and other written materials
City of Gardena October 2019 — February 2021
Acting Community Development Director
In addition to the Community Development Manager responsibilities:
• Lead continuous organizational synchronization between the four divisions of the Community Development Department
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• Coordinate department budget to meet Covid-related cost cutting goals
• Leading a customer -centric team to achieve the City Council, City Manager and community vision
• Motivate and empower staff around common vision, especially during Covid pandemic when offices were closed to the public
Key Accomplishments:
• Zone Code Amendments setting foundation for future development
• Maintaining high level of customer service during Covid-19 pandemic
City of Gardena
Community Development Manager
July 2012 — October 2019
• Ensure the four divisions - Planning, Building & Safety, Code Enforcement and Business Licensing of the City's Community
Development Department work in unison to meet organizational goals and the City's long-term strategic objectives
• Manage multiple complex development projects, including commercial, residential, and industrial projects; conditional use
permits; tentative tract and parcel maps; design review; adjustments; site review; and minor use permits
• Establish and maintain effective working relationships with the City Attorney, County of Los Angeles Fire Department,
developers, consultants and various City divisions to resolve community and project issues
• Establish and maintain relationships with key community stakeholders
• Coordinate department budget and track expenditures
• Oversee Planning Commission meetings
• Identify and implement changes to organizational operations to improve performance and accountability
• Lead cross -functional Community Development Department teams ranging to 17 team members
• Write staff reports and make presentations to City department heads and key stakeholders, including Planning Commission
and City Council
• Serve as liaison between the office of the Chief of Police (Community Development Director) and the City Manager
• Identify and implement "best practices" in the field of municipal Community Development
• Establish tracking systems, timelines, and audit procedures for the Department
Key Accomplishments:
• Streamlining departmental processes to ensure a high customer experience and increased revenue
• Over 800 new residential units approved and either built or in construction as a result of a broad -based knowledge of CEQA
• Liquidation of City real estate assets totaling $5M
• Recognized by the Executive Team for, over a period of 4 years, having increased revenue opportunities to approximately
$2M, including recurring revenue
• Over 600,000 square feet of new / remodeled commercial and industrial space approved and built or under construction
• Expedited review of leading local, national and global brand's construction projects, Best Western Hotel, Chick-fil--a, Panda Express,
Starbucks, In-N-Out Burger, DaVita Dialysis
City of Santa Clarita
Assistant Planner
November 2006 - June 2012
• Established effective working relationships with the City Attorney, County of Los Angeles Fire Department, and various City
divisions to resolve community and project issues
• Facilitated community meetings, learning new laws, policies, and procedures requiring Spanish translation of technical
information
• Processed entitlement projects including commercial, industrial and residential development
• Successfully mediated development meetings and formal/informal meetings with applicants
• Positively represented the City and its goals, policies, and codes at the public counter as well as in the field
• Conducted field research and prepared data for special City Council projects
• Prepared and presented staff reports and resolutions for tentative tract maps, wireless facilities, and hillside reviews for the
Planning Commission
• Provided assistant at the public counter and responded to telephone inquiries regarding the City's planning processes,
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procedures, and the Municipal Code
• Recognized by the senior leadership team for my strategic project management skills resulted in leading a significant residential
and commercial development projects
Assistant Planner (Economic Development Temporary Assignment 18 months)
• Implemented citywide economic stimulus efforts, including managing grant programs and business attraction and retention
programs
• Established strong working relationships with the business, real estate brokerage, architectural and development communities
• Active member of special projects teams: Redevelopment Agency and Newhall Redevelopment Committee liaison
• Produced marketing collateral for specific target audiences
• Met with prospective business owners about the benefits of doing business in the City of Santa Clarita
• Facilitated community meetings to create interest on various city programs
• Positively represented the City at LAEDC, ICSC, VIA, and Santa Clarita Chamber of Commerce meetings
Key Accomplishments:
Design and execution of a grant program totaling $350K to revitalize the Newhall area
Recognized for implementing and creating a highly challenging and complex sign program for the Auto Center and citywide
wayfinding sign program within a 7-month period
One of the Leaders of the creative team for Senses, a highly successful and impactful street fair that generated significant
awareness of the once blighted area of Newhall, as a result this was instrumental in setting the stage for new redevelopment
initiatives
Planning Technician
• Promoted to Assistant Planner I - May 2007
EDUCATION
Bachelor of Science in Urban and Regional Planning
California State Polytechnic University, Pomona, 1999
Master's in Community and Economic Development
Penn State University, 2022
PROFESSIONAL AFFILIATIONS
Vice President, Board of Directors
Mending Kids International
January 2011 — July 2011
Development Committee Chairperson
Mending Kids International
November 2010 —January 2011
Member, Board of Directors
Mending Kids International
June 2009 January 2011
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(ERICA H. DEMKOWICZ, AICP
Qualifications summary
• Comprehensive advanced knowledge of urban planning principles
• Outstanding analytical skills, exceptional communication and technical writing skills
• Excellent ability to develop working relationships with community groups, regulatory bodies,
commissions, outside agencies and private land owners
Work Experience
Senior Planner, Community Development Department February 2o16-Present
City of Tustin, Tustin, CA
• Coordinate public counter operations for the Planning Division utilizing 5-star customer service; manage
and support counter staff; oversee issuance of administrative permits and business licenses; serve as
departmental liaison with Building, Code Enforcement and Public Works Divisions
• Project Manager for 6th Cycle Housing Element Update Process (2021-2029); initiated review of City's
Housing Element, reviewed legislation, attended webinars, contacted HCD to understand requirements,
prepared public outreach; worked closely with planning consultant on development of AFFH analysis,
CEQA determination and several rounds of review of draft Housing Element documents with HCD
• Oversaw development of the Red HIII Avenue Specific Plan; worked closely and professionally with project
consultants and managed contract; managed difficult public pressure from business owners and property
owners within Plan area
• Process and manage complex discretionary planning applications; complete required environmental
review and make presentations to Planning Commission and/or City Council
• Manage the City's Mill's Act and historic preservation applications
• Created and continuously manage Planning Division staff interpretation manual
• Identify and fine tune ways for the Planning Division to operate efficiently and effectively
• Develop Planning Division handouts far the public and City website and update to reflect current Codes
and laws;
• Provide on -going instruction, guidance and mentoring for planning staff and interns; initiated "Top
Banana" award for internal staff recognition
• Attend on-line sessions, trainings, meetings and webinars for on -going education and personal growth
Senior Planner, Community Development Department June 2004—January 2016
City of Dana Point, Dana Point, CA
• Project manager for the Headlands development; oversaw the development of121-acre site that includes
3.18 single family homes, 35,000 sq. ft. of commercial/office space, a go -room boutique hotel and 70 acres
of open space located along Dana Point's coastline
• Processed and manage complex discretionary planning applications, effectively review and analyze
architectural plans, prepare written reports, requisite findings and make presentationsto Planning
Commission and/or City Council
• Processed historic designation, restoration/rehabilitation & Mill's Act applications
• Organized and supervised public counter activities; prepare monthly counter schedules to ensure adequate
counter coverage and 5-star customer service
• Successfully managed multiple complex projects under strict deadlines
• Recommend needed changes in zoning regulations and related policies and procedures; promote
teamwork within the division; consistently improve administrative procedures
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• Successfully interfaced with other department directors, managers and staff regarding discretionary
reviewsto ensure comprehensive review and analysis
• Assisted in supervising, training and evaluating assigned staff; initiate procurement of on -going training
and continuing education opportunities for staff
• Managed update to the City's 1997 Historic Inventory; professionally work with contracted staff to
complete task
• Oversaw the electronic conversion process of all discretionary Planning files
Senior Planner, Community Development Department June 2001- June 2004
City of Temple City, Temple City, CA
• Provided supervision of Planning, Building/Permitting and Business License Departments
• Supervised and assisted in the update of the City's Downtown Specific Plan
• Assisted in economic development and redevelopment efforts to encourage City revitalization
• Prepared written reports for Planning Commission and City Council
• Coordinated contract activities between the City and Los Angeles County
• Provided direction and recommended long range comprehensive planning methods/policies
• Assisted in the preparation of annual departmental budget recommendations
• Served as Interim Community Development Director
Previous Positions
Associate Planner, City of Temple City Community Development Department,1999-2001
Assistant Planner, City of Temple City Community Development Department,1997-2999
Planning Aide, City of Temple City Community Development Department,1996-xgg7
Planning Intern, City of Burbank Transportation Planning Department,1996-1997
Planning Intern, City of La Verne Community Development Department, 1995-1996
Education, Certifications, Trainings and Affiliations
• Bachelor of Science in Urban & Regional Planning
California State Polytechnic University, Pomona, CA, June 1995
• American Institute of Certified Planners (AICP)
• Orange Section member of APA California member
• American Planning Association member
• American Planning Association National Planning Conference, Manager's Institute, Los Angeles, CA, 2012
• California Chapter American Planning Association Conference Session, "Leadership SkillsforTough
Situations", September 2014
• Dana Point Employee of the Month, January 2014
• Completion of Liebert Cassidy Whitmore Evaluation & Discipline Seminar, "The Art of Writing the
Performance Evaluation" & "Performance Management: Evaluation, Documentation and Discipline",
March 2015
• Completion of California State Fullerton Leadership in Public Agencies course, August 2022--January 2023
Professional Service:
Served on 2014 APA State Conference Orange Section Planning Committee
Active in Los Angeles and Orange County Chapters of APA
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MARRIAME A. SALMAN
Work Experience
City of Tustin, Tustin, CA
Assistant Planner
912020 to Present
• Manage entitlement projects for commercial, industrial and residential properties for both current and advance
planning.
• Manage Historic Preservation Program, including processing Mills Act applications, Historic Plaque Nominations and
Commendations.
• Prepare the annual Certified Local Government report for Historic Preservation.
• Provide information and assistance at the public counter, over the telephone, and via email to the public regarding
laws, polices, regulations and standards and procedures with respect to submission of plans, processing of applications
and implementation requirements.
• Review and process Temporary Sign and Temporary Use Permit applications.
• Review and approve plan checks related to residential, industrial and commercial properties.
• Interpret planning and zoning programs to the public.
• Responsible for creating brochures, pamphlets, and displays for public meetings related to code compliance.
• Serve as a city liaison with internal and external agencies, community groups, developers, contractors and public.
• Manage special projects involving research and code amendments and provisions.
• Coordinates and participate in project meetings for planning entitlement projects with applicants, developers and
property owners for project updates.
• Coordinates the preparation of meeting agendas for various commissions boards and community groups.
• Prepare and present staff reports to Planning Commission and City Council and various committees and advisory
boards.
• Attend meetings conferences, workshops and training sessions and participates in profession group meetings.
Planning Trainee 2019-2020
• Project planner for assigned planning projects.
• Review applications and Temporary Sign and Temporary Use applications.
• Train new employees and interns in code enforcement field.
• Propose and implement policies and procedures, codes and ordinances, and databases to meet division goals.
• Handle complex and case sensitive issues.
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MARRIAME A. SALMAN
• Conduct water quality inspections.
• Track and input cases into database.
• Serve as a city liaison with internal and external agencies, and community groups.
• Review and monitor the status of Administrative Citations.
• Manage special projects involving research and code amendments and provisions. h
• Testify in administrative hearings and court proceedings.
• Prepare staff reports, memos, letters, and notices of violations, public nuisance requests, and administrative citations.
• Enforce the citywide graffiti removal program.
• Involved in quarterly Neighborhood Watch meetings with local community groups.
• Involved in the City's Neighborhood Improvement Task force team that address high profile complex cases.
• Provide guidance and direction to co-workers, staff, and agencies to code compliance related issues.
• Conduct weekend enforcement of illegal signage, garage sales, and special assignments.
Code Enforcement Officer 2015-2021
• Performed field inspections, gathered evidence, performed follow up investigations, and established case records.
Responded to complaints and contacted responsible complainants.
• Encouraged voluntary compliance with residents and business owners.
• Prepared standardized notices of violations, citations, memos, and reports.
• Coordinated enforcement activities with Police and other internal and external departments/agencies.
City of San Dimas, San Dimas, CA 2009 to 2013
Code Compliance Officer
• Thorough knowledge of local and state codes relating to zoning, housing, and property maintenance codes.
• Coordinated multi -agency task force operations.
• Provided guidance and direction to co-workers, staff and agencies related to code compliance.
• Proposed and implemented recommendations to staff regarding highly sensitive and complex code enforcement
cases.
• Provided technical interpretations and explained code provisions to property owners, business owners, contractors,
developers, and citizen groups in a courteous and effective manner.
• Enforced codes with sensitivity, tact and impartiality, and when necessary with firmness.
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MARRIAME A. SALMAN
City of Pasadena, Pasadena, CA 2007 to 2009
Senior Code Compliance Officer
• Served as an "Acting Manager" in the absence of Code Compliance Manager.
• Served in a leadership capacity supervising 3 or more Code Enforcement Officers.
• Coordinated, prioritized, and monitored the operations of code enforcement staff.
• Provided direction, guidance, and back up field support to staff on complex inspections.
• Assigned and oversaw workload of code enforcement staff.
• Assisted in the interviewing, selecting, and training of new employees.
• Provided ongoing training for code enforcement staff.
• Ensured compliance with local zoning, housing, and property maintenance codes.
• Coordinated enforcement activities with internal and external departments/agencies.
• Developed and implemented community and neighborhood improvement strategic plans.
• Reported directly to Code Enforcement Commission, Executive Staff, and City Council.
• Attended and participated Neighborhood Association Meetings.
Education and certifications
• Leadership for Public Agencies, California State University, Fullerton, May 2019
• Certified Code Enforcement Officer, June 2017
• Certified Stormwater Inspector, May 2017
• Certification in Human Resources Management
California State University, Long Beach, May 2011
• Master of Arts, degree in Public Administration, California State University, Long Beach, May 2002
• Bachelor of Arts, degree in Political Studies, California State University, Long Beach, May 1999
• PC 832 Certificate
• Certified Code Enforcement Officer
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JANUARY 10, 2023
NOTICE REGARDING PUBLIC PARTICIPATION
`DUE TO TECHNICAL DIFFICULTIES, THE MEETING START TIME WAS DELAYED.*
7:21 p.m. CALL TO ORDER
Mello PLEDGE OF ALLEGIANCE
All present ROLL CALL: Chair Mello
Chair Pro Tern Kozak
Commissioners Chu, Higuchi, and Mason
None. PUBLIC INPUT
Approved the CONSENT CALENDAR:
Consent Calendar
as presented.
1. APPROVAL OF MINUTES— DECEMBER 13, 2022
RECOMMENDATION:
That the Planning Commission approve the Minutes of the December 13,
2022 Planning Commission meeting, as provided.
2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCE FOR MEETINGS
In order for the Planning Commission to continue to have the option to
meet via teleconference during the pandemic, AB 361 requires the
Commission to make specific findings at least every thirty (30) days.
RECOMMENDATION:
Make the following findings by a majority vote of the Planning
Commission:
a. A state of emergency has been proclaimed by California's
Governor due to the COVID-19 pandemic, and continues to be in
effect;
b. The Planning Commission has reconsidered the circumstances of
the state of emergency; and
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c. Local health officials continue to recommend measures to promote
social distancing.
Hurtado Hurtado confirmed no public input received regarding the Consent Calendar.
Motion: It was moved by Mason, seconded by Chu, to approve the Consent
Calendar, as presented. Motion carried 5-0.
PUBLIC MEETING:
3. APPEAL OF DENIAL OF REQUEST FOR A DISABILITY -RELATED
REASONABLE ACCOMMODATION
APPELLANT:
CALIFORNIA TREATMENT SERVICES,
A SUBSIDIARY OF ACADIA HEALTHCARE COMPANY, INC.
PROJECT SITE: 535 E. FIRST STREET, 2ND FLOOR
(APNS: 401-151-13, 401-163-10, 401-151-08)
REQUEST:
California Treatment Services, a subsidiary of Acadia Healthcare Company,
Inc. ("Acadia" or "Appellant"), requests reconsideration of the Community
Development Director's denial of Acadia's request for a disability -related
reasonable modification of City policies, practices, and/or procedures to allow
Acadia to operate an outpatient treatment and counseling center, commonly J
referred to as a "comprehensive treatment center" or "CTC" ("Project") at the
Project Site.
AMERICANS WITH DISABILITIES ACT ("ADA") ADVISORY STATEMENT
RELATED TO THE PROPOSED PROJECT:
If approved, the proposed CTC would exclusively serve persons receiving
treatment for Opioid Use Disorder. To be a patient at the CTC, an individual
cannot be actively using illegal drugs. Persons receiving such treatment are
"qualified individual[s] with a disability" afforded full protection under the
ADA. And the ADA prohibits the City from -discriminating against qualified
individuals in making land use decisions.
In considering this application and appeal, the Planning Commission may
not treat the proposed CTC differently than it would any other medical clinic.
It may not base its decision on the fact that patients at the CTC will be
receiving treatment for Opioid Use Disorder. Nor may unsubstantiated
fears reiudice or stereotypes related to persons recovering from Opioid
Use Disorder form the basis of the Planning Commission's decision.
RECOMMENDATION:
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Pleasure of the Planning Commission.
Daudt Daudt advised the Commission that the City received additional
correspondence from Acadia's legal counsel (Rutan) at approximately 1:00
p.m. on January 10, 2023, pertaining to Agenda Item Nos. 3 and 4. He also
presented a PowerPoint presentation.
Ms. Diana Ms. Diana Wydo, Regional Director of Acadia Healthcare and her legal
Wydo counsel, Alisha Patterson, also provided a PowerPoint presentation to the
Commission. Mr. Phillip Teyssier also spoke on behalf of the project.
8:36 p.m. Opened the Public Comment portion for Item No. 3.
Public Input Opposition -- overall, the public's concerns generally included: (Patrick
Adams) location of project; (Jaime Mourad) increase in crime rate, safety of
pedestrians and children walking to and from school; (Ian Carter) the effect
this project site could have on the dialysis center (located on the first floor) of
the project site; (John Nielsen) public safety, Santa Ana location historical
background, hours of operation, security on -site, incompatible uses, costs for
additional security for surrounding uses, curbside dosing; (Tony Magnemi)
fear of opioid addicts relapsing, homeless issues; (Jay Hollett) possible
decrease in neighboring properties; (Johnny Johnson) concern with what
could occur outside of the clinic, safety of children walking to Columbus Tustin
Middle School; (Diane Alsop) commented on the appellant's attorney
comments during her presentation.
In Favor— Taylor Friend and Monica Hampton
Wilikom For the record, Willkom asked staff to provide a summary of all public
comments received (via email, phone calls, web page) that were already
provided to the Commission.
Huitron Per Huitron, since the preparation of the Planning Commission meeting
packet, the City received approximately 69 public comments related to both
Agenda items Numbers 3 and 4. As of 5:45 p.m. on January 10, 2023, the
City received an additional 57 public comments, along with an additional
petition stating opposition to both items. In general, most comments stated
concern with the proposed item and two (2) stated support for the proposed
item.
9:03 p.m. Chair Mello closed the Public Comment portion for Item No. 3.
Commission Deliberation among the Commission generally included: question for the
applicant regarding their request for a reasonable accommodation. Whether
applicant thinks that a discriminatory act had already occurred.
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Daudt Daudt stated that the City maintains the position that the Planning
Commission is capable of conducting a fair hearing and would make a
determination based on nondiscriminatory factors and legal basis.
Patterson In response to Higuchi's question, Ms. Patterson stated that the appellant's
position was that discrimination had occurred during the CUP process, and
was outlined in Rutan's January 10, 2023 appeal letter. She referred the
Commission to Attachment F of the agenda report.
Daudt Per Daudt, Ms. Patterson reiterated the eleven (11) reasons for appeal that
were listed in Acadia's appeal letter to the City. Daudt stated, for the record,
the City provided detailed responses to those assertions which are in the
Community Development Director's November 28, 2022 response to the
appeal letter, and was included in the Commission's meeting packet. *
Motion: It was moved by Mason, seconded by Mello to adopt Resolution No. 4466
denying the request for disability -related modification of policies, practices
and/or procedures related to a proposed out -patient treatment and
counseling center for opioid use disorder utilizing medicated -assisted
treatment (MAT) in combination with counseling and behavioral therapies at
the project site. Motion carried 4-1 (Mello, Kozak, Higuchi, Mason — Ayes /
Chu -- Nay).
PUBLIC HEARING:
4. CONDITIONAL USE PERMIT (CUP) 2022-0009
APPLICANT:
California Treatment Services, LLC
A Subsidiary of Acadia Healthcare
Company, Inc.
c/o Brian Spalding
9009 Carothers Blvd., Suite B-1
Franklin, TN 37067
PROPERTY OWNER:
Philip Teyssier
Atomic Investments, Inc.
3200 Highland Ave., 134-2
National City, CA 91950
PROJECT SITE: 535 E. First Street (2" d Floor)
(APNS: 401-151-13, 401-163-10, 401-151-08)
ENVIRONMENTAL STATUS:
This project is Categorically Exempt (Class 1) pursuant to Section 15301 of
the California Environmental Quality Act.
REQUEST:
A request to allow the operation of an out -patient treatment and counseling
center (Comprehensive Treatment Center or CTC) for opioid use disorder
Agenda — Planning Commission Meeting — January 10, 2023 - Page 4
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utilizing medicated -assisted treatment (MAT) in combination with counseling
and therapies at 535 E. First Street, Second Floor.
AMERICANS WITH DISABILITIES ACT "ADA" ADVISORY STATEMENT
RELATED TO THE PROPOSED PROJECT:
If approved, the proposed CTC would exclusively serve persons receiving
treatment for Opioid Use Disorder. To be a patient at the CTC, an individual
cannot_ be actively using illegal drugs. Persons receiving such treatment are
"qualified individual[s] with a disability" afforded full protection under the ADA.
And the ADA prohibits the City from discriminating against qualified
individuals in making land use decisions.
In considering this application, the Planning Commission may not treat the
proposed CTC differently than it would any other medical clinic. It may not
base its decision on the fact that patients at the CTC will be receiving
treatment for Opioid Use Disorder. Nor may unsubstantiated fears, prejudice,
or stereotypes related to persons recovering from O ioid Use Disorder form
the basis of the Planning ,Commission's decision.
RECOMMENDATION:
Pleasure of the Planning Commission.
Daudt For the record, Daudt read the advisory statement (listed above).
Huitron Presentation given.
Ms. Diane In response to Huitron's presentation, Ms. Wydo discussed the following, in
Wydo general: her background with a CTC and her past experiences with the patients;
CTC clinics are licensed, regulated, audited on an annual basis, etc. and have
always been in compliance; patients go to the clinic, receive their medications,
then they leave the clinic; the transient issue mentioned in the Santa Ana police
activity reports do not involve patients from the Santa Ana location; medications
are ordered based upon the patient's needs; CTC clinics are highly secured
(i.e. security cameras inside/outside of every clinic she operates); Ms. Wydo
mentioned if the City wants security cameras, she would have cameras
installed on every corner of the project site; patients are not violent; if a patient
does not follow the clinic's policy and procedures, they are no longer
considered a patient; one (1) unarmed security guard would secure the exterior
of the clinic; discussed the stigma and stereotype relative to individuals in
recovery; curbside dosing came into effect during COVID; hours of operation
are determined by the State Department of Health Care Services; number of
patients per day/average time per patient is four (4) minutes; ample parking on -
site; Santa Ana CTC is located in a problematic area which is why Acadia wants
to re -locate; and the source of the problem is the homeless encampment in
Santa Ana, not Acadia.
Agenda — Planning Commission Meeting — January 10, 2023 - Page 5
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Teyssier Mr. Teyssier added the following, in general: The Commission's vote on Item
No. 3 along with City staffs presentation are reasons why the project cannot
be considered via a CUP process; lack of communication between the
appellant and the City regarding addressing the concerns mentioned in the
presentations; and that Acadia is subject to many state and federal regulations.
Commission's Asked if the applicant could work with staff to identify a location within the
Closing parking lot for curbside dosing; whether or not the medications affect the
Comments: patient's ability to operate a motor vehicle; the percentage of patients receiving
take-home dosing at the Santa Ana clinic; on average, the number of times per
week the patients visit the Santa Ana clinic; and if the Tustin Police Department
provided any comments.
Ms. Diane Ms. Wydo's response to the Commission's questions/comments generally
Wydo included: she prefers not using the curbside dosing and was willing to work with
staff on a specific location in the parking lot for dosing; the medications do not
affect the patient's ability to operate a motor vehicle; all dosing orders are
prescribed by an addiction board certified medical director (MD); after a dose
is increased for a patient, the patient is observed by staff to ensure the safety
of the patient; her patients drive themselves to the clinics and there are no
issues with driving while on medication; once COVID began, California
Department of Healthcare Services had different take-home requirements (i.e.
extended take -homes to qualified patients in order to reduce foot traffic in a
clinic which equated to 65-70% of patients); depending on the type of
medication or if there is a new patient, daily dosing typically occurs for several
weeks or months; and she did not have the exact data of the daily dosing that
occurred at the Santa Ana clinic to provide to the Commission (mentioned that
data could be provided at a later date).
Huitron Per Huitron, the Tustin Police Department is one of various departments that
participates in the City's development application review process, and their
comments were incorporated into the agenda report provided in the meeting
packet. The development review process funnels all correspondence from City
departments through the project planner to the applicant and from the applicant
to the departments. In addition, two (2) resolutions were provided to the
Commission and the Tustin Police Department's comments, along with City
staff's comments, were also incorporated into the two (2) resolutions.
9:46 p.m. Opened the Public Hearing portion of Item No. 4.
Public Input Opposition:
Overall, the public's concerns generally included: (Ian Carter, Owners
Association Wellington Plaza) Santa Ana police incident reports; (John
Nielsen) the number of calls for service at the Santa Ana clinic; traffic will
increase; high number of patients going in and out of the proposed location
daily; (Pete Beatty) attorney's threatening comments towards the Commission;
concern the Tustin Police Department will be overwhelmed; (Patrick Adams) 4.
Agenda — Planning Commission Meeting -- January 10, 2023 - Page 6
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equating the proposed clinic to a Flame Broiler is insulting; and what happens
when the patients are no longer patients?
In Favor -
(Taylor Friend) homeless encampments are the cause of the issues with the
Santa Ana clinic and the proposed clinic would have ample parking to
accommodate the patients and staff.
10:00 p.m. Mello closed the Public Hearing portion of Item No. 4.
Mason Mason asked City staff to explain the role of the Planning Commission in the
decision -making when reviewing a CUP. She stated her concern with the
appellant's legal counsel comments regarding potential litigation addressed to
the Planning Commission.
Ms. Wydo & In response to Mason's previous comments, Ms. Wydo stated she was not
Ms. Patterson trying to offend the Commission. Ms. Patterson apologized for having offended
the Commission. She was only wanting to discuss the legal requirements, and
she did not mean for that discussion to seem threatening.
Huitron As to the role of the Planning Commission, Huitron referenced and referenced
the TCC Section 9291C and the Downtown Commercial Core Specific Plan
Section 6.14 which authorizes the Commission to make determinations on
application requests for CUPs and she explained the deliberation process.
10:03 p.m. Re -opened the Public Hearing Item No. 4. to allow the Planning Commission
to address questions to the applicant.
Commission The Commission's final questions/comments generally included: operations
and security; the applicant's lack of data regarding the high number of patients;
asked for data on number of appointments during the first part of January 2023
at the Santa Ana location, the proposed location being larger than the Santa
Ana clinic and the concern of having only one (1) unarmed security guard;
questioned if the staff at the clinic ever used the panic button; security camera
monitoring; questioned if any community engagement was done in Tustin since
the beginning of the process; inconsistencies with what the Santa Ana police
activity reports state versus what the applicant stated; and why the applicant
did not look into other areas in Tustin instead of the proposed location.
Ms. Diane Wydo's final comments generally included: the number of patients that were
Wydo dosed on January 2, 2023 were 78 patients, January 3, 2023 dosed a total of
304 patients, January 4, 2023 dosed a total of 298 patients, January 5, 2023
dosed a total of 280 patients, January 6, 2023 dosed a total of 332 patients;
the panic button was never used at the Santa Ana clinic; however, the Santa
Ana police were called on several occasions (i.e. transient on top of building
smoking meth, someone broke into the clinic, etc.); security cameras recorded
and monitored during operating hours only by Johnson Controls Tyco; she
Agenda - Planning Commission Meeting - January 10, 2023 - Page 7
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Ms. Diane stated the Murrieta/Temecula/Colton/Riverside clinics have had no police
Wydo incidents; less issues with transients when clinics are located on a second floor;
Wydo reached out to two (2) individuals who vocalized concerns, but no return
calls; DEA's involvement with background checks on Acadia employees; if
patients are found on the property trafficking drugs, they will no longer be a
patient or if they threaten staff, bring weapons on site, immediate discharge and
are referred to another treatment clinic; the reason for the proposed location is
because it is only one (1) mile from the Santa Ana location and several of the
patients have travel restrictions, Santa Ana location served between 78 and
332 patients daily between January 2 and January 6.
10:48 p.m. Closed the Public Hearing Item No. 4.
Commission Additional comments generally included: better understanding of the mode of
transportation to/from the clinic; what do the number of patients look like in the
next 2-3 years; and the Commission needs a better understanding of the
implications of this type of business use.
Motion: It was moved by Mason, seconded by Chu, to adopt Resolution No. 4456,
denying CUP 2022-0009 requesting to operate an out -patient treatment and
counseling center for opioid use disorder utilizing MAT in combination with
counseling and behavioral therapies at the project site. Motion carried 5-0.
None. REGULAR BUSINESS
STAFF CONCERNS:
Willkom Happy New Year. No concerns.
Mason Happy New Year. Thanks to everyone for attending.
Chu Chu thanked everyone for attending and she made various other comments.
Higuchi No comments.
Kozak Thanks to staff and for everyone in attendance.
Mello Mello echoed Kozak's comments.
COMMISSION CONCERNS:
11:25 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, January 24, 2023.
Agenda — Planning Commission Meeting — January 10, 2023 - Page 8
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Planning Commission Secretary
Agenda — Planning Commission Meeting — January 10, 2023 - Page 9
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JANUARY 24, 2023
7:00 p.m. CALL TO ORDER
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
Given. PLEDGE OF ALLEGIENCE: Commissioner Mason
All present ROLL CALL: Chair Mello
Chair Pro Tern Kozak
Commissioners Chu, Higuchi, Mason
PUBLIC INPUT:
Ms. Tina Ms. Tina Blenz made various comments which generally included: she
Blenz claimed her home internet is fraudulent; her home was originally built
for Wheaton Wilcox; issues with AT&T disconnecting her land line and
she claimed she was a victim of retaliation; Pasadena well mapping
issue; claims she was illegally placed in a mental institution and she
would like the City of Tustin and Wilcox Manor to reimburse her for
medical, telephone line expenses, etc.
Approved the CONSENT CALENDAR:
Consent
Calendar, as
presented.
1. APPROVAL OF MINUTES —JANUARY 10, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the January
10, 2023 Planning Commission meeting, as provided.
2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE
OF TELECONFERENCE FOR MEETINGS
In order for the Planning Commission to continue to have the
option to meet via teleconference during the pandemic, AB 361
requires the Commission to make specific findings at least every
thirty (30) days.
Planning Commission Meeting Minutes of January 24, 2023 1 Page 1 of 5
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Ms. Jenny geared for the elderly or families and if there would be a curfew; she
Shuman asked if Families Together would be involved with the medical care and
if pets would be allowed; and if the proposed project would be a no
alcohol/no drug facility and how would it be enforced.
Higuchi Higuchi asked Willkom to forward all of Ms. Shuman's questions to the
applicant in order to allow the applicant time to provide responses when
the item is brought to the Commission.
Wilikom In response to Higuchi's previous question, Willkom stated that since
the item is being continued, staff is in the process of analyzing the
application. Staff also has questions for the applicant and will share
with the applicant once the item is ready to be presented to the
Commission. Willkom added that staff will also notify Ms. Shumar once
a meeting date is scheduled for the item.
7:12 p.m. Mello closed the Public Input portion for Item No. 3,
Motion: It was moved by Mason, seconded by Kozak, to continue the item to a
date uncertain to provide the applicant an opportunity to provide
additional information regarding the proposed day-to-day operations.
Motion carried 5-0.
REGULAR BUSINESS:
Approved the 4. COMMENDATION AND TUSTIN HISTORIC REGISTER
nomination NOMINATION FOR THE PROPERTY AT 530 W. SECOND
for the STREET
properly at
530 W. RECOMMENDATION:
Second St.
That the Planning Commission approve the nomination of 530 W.
Second Street to the City of Tustin Commendation Program and
Historic Register Plaque Program and select the name
"Satterwhite -Brown House" and the date "1917" as the most
appropriate historical name and date of construction for the
property.
Hurtado Hurtado confirmed no public comments received.
Chu Chu asked if the original garage was one-story or two-story.
Salman Salman stated the original garage was a one story two -car garage and
the current owners renovated the existing garage and added an ADU
above the garage.
Planning Commission Meeting Minutes of January 24, 2023 1 Page 3 of 5
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
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Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
appropriate historical name and date of construction for the property,
Motion carried 5-0,
STAFF CONCERNS:
Willkom Willkom informed the Planning Commission of the upcoming Mayor's
Celebration on February 2, 2023, at 5,-30 p.m. She also stated that the
property owners for the proposed outpatient treatment and counseling
center for opioid use disorder at 535 E. First St. filed an appeal for the
denial of both the reasonable accommodation request and the
Conditional Use Permit. A meeting date has not yet been set for the
appeal.
COMMISSION CONCERNS:
Chu Chu asked everyone to stay safe and healthy. She recognized the
tragedy and loss at the active shooter incident in Monterey Park.
Mason No concerns,
Higuchi No concerns.
Kozak On January 5, 2023, Kozak attended a staff briefing regarding 535 E.
First St.
WHO Mello thanked staff and the public for attending the Planning
Commission meeting.
T-32 p.m. Adjourned. The next regular meeting of the Planning Commission is
scheduled for Tuesday, February 14, 2023 at 7.00 p.m.
DAVI"D4 MECLO-, JR.
Chtlikperson
-- I r.),
1� ullvwl
JUSTINA L. WILLKOM
Planning Commission Secretary
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MINUTES
VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
SPECIAL MEETING
FEBRUARY 16, 2023
5:00 P.M.
Present: ROLL CALL: Chair Mello
Chair Pro Tern Kozak
Commissioner Mason
Absent. Commissioner Chu
Commissioner Higuchi
None. PUBLIC INPUT:
Hurtado confirmed there were no hands raised in Zoom, no emails received and
no E-comments posted via the City's website.
Approved. CONSENT CALENDAR:
1. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCE FOR MEETINGS
In order for the Planning Commission to continue to have the option to meet
via teleconference during the pandemic, AB 361 requires the Commission
to make specific findings at least every thirty (30) days.
RECOMMENDATION:
Make the following findings by a majority vote of the Planning Commission:
a. A state of emergency has been proclaimed by California's Governor
due to the COVID-19 pandemic, and continues to be in effect,
b. The Planning Commission has reconsidered the circumstances of the
state of emergency; and
c. Local health officials continue to recommend measures to promote
social distancing.
Hurtado Hurtado confirmed there were raised hands in Zoom, no emails received and no
E-comments posted via
Motion: It was moved by Mason, seconded by Kozak, to approve the Consent Calendar,
as presented. Motion carried 3-0-2.
None. PUBLIC HEARING:
Minutes -- Planning Commission Special Meeting February 16, 2023 -- Page 1 of 2
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None. REGULAR BUSINESS: None.
STAFF CONCERNS-
Huitron Huitron thanked Chair Mello, Chair Pro Teim Kozak and Commissioner Mason for
joining the meeting via Zoom, to ensure the City was in compliance with AB 361.
Stay tuned for future developments regarding AB 361 and virtual participation.
Huitron looks forward to seeing everybody at the next regularly scheduled
Commission meeting on February 28, 2023.
None. COMMISSION CONCERNS:
Mason Mason had no concerns.
Kozak Kozak thanked staff for assisting him with the City laptop in order for him to
participate via Zoom.
Mello Mello thanked everyone for participating in the special meeting and he, too, looks
forward to seeing everybody at the next Commission meeting.
ADJOURNMENT:
5:04 p.m. The next regular meeting of the Planning Commission is scheduled for
Tuesday, February 28, 2023.
DAVID LLO, JR. 00"
C h a i rp4s�o
JUSTINA L, WILLKOM
Planning Commission Secretary
Minutes — Planning Commission Special Meeting February 16, 2023 — Page 2 of 2
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
FEBRUARY 28, 2023
7:00 p.m. CALL TO ORDER.
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Chu
All present. ROLL CALL: Chair Mello
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, Mason
None. PUBLIC INPUT:
Hurtado Hurtado confirmed there were no hands raised in Zoom, no emails received,
no E-comments posted, and no speaker forms submitted.
Approved the CONSENT CALENDAR:
Consent
Calendar, as
presented.
1. APPROVAL OF MEETING MINUTES — JANUARY 24, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the January
24, 2023 Planning Commission meeting, as provided.
2. APPROVAL OF SPECIAL MEETING MINUTES — FEBRUARY 16,
2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the February
16, 2023 Planning Commission Special meeting, as provided.
Hurtado Hurtado confirmed there were no hands raised in Zoom, no emails received,
no E-comments posted, and no speaker forms submitted.
Motion: It was moved by Mason, seconded by Higuchi, to approve the Consent
Calendar, as presented. Motion carried: 5-0.
None. PUBLIC HEARING.
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REGULAR BUSINESS:
1)Directedstaffto 3. 2021-2022 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL
forward the REPORT AND 2023 HISTORIC AND CULTURAL RESOURCES
Annual Report to ADVISOR (HRCA) WORK PROGRAM
the City Council
as a receive and
file item and to A review of the Tustin's Certified Local Government (CLG) Annual
the OHP & 2) Report for the reporting period October 1, 2021 through September
Adopted 30, 2022 and a summary of 2023 HRCA work program.
Resolution No.
4468.
RECOMMENDATION-
1 . That the Planning Commission, acting as the Historic and
Cultural Resources Advisor (HCRA) approve the 2021-2022
Certified Local Government (CLG) Annual Report and direct
staff to forward the Annual Report to the City Council as a
receive and file item and to the State Office of Historic
Preservation (OHP).
2. That the Planning Commission, acting as the Historic and
Cultural Resources Advisor (HCRA) to the City Council, adopt
the 2023 HCRA Work Program as described in Resolution No.
4468.
Salman Presentation given.
Hurtado Hurtado confirmed there were no hands raised in Zoom, no emails received,
no E-comments posted, and no speaker forms submitted.
Mason Mason asked what changes were made to the Bust Program.
Huitron Huitron responded that staff has been evaluating the Bust Program
process and the challenges with the Bust Program are cost and a third
party is required to initiate the proposal and the fundraising to cover the
cost for a bust. The City has not been able to secure a partnership to date.
Staff analyzed options to promote historic preservation and recommends
that the Commission involves the Public Art Commission in this work
program; thus the alternate language. Now that the City has a formal
Public Art Commission, staff can present these types of items to the
Planning Commission for their input, then forward on to the Public Art
Commission so they can fit in those inspiration images into their work
program as a Public Art Commission.
Willkom Willkom added that, if in the future, should there be another opportunity to
have another bust in the City, staff can include that as part of the
recommendation to the Public Art Commission.
Mello Mello asked staff if the bust is already determined or decided upon at time
of submission.
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Willkom Per Willkom, the program already identified qualified historical figures
significant to Tustin. Should funds become available, then the donor can
select from the list of historical figures.
Chu Chu asked for more information regarding the Public Art Commission and
how it relates to the Planning Commission.
Willkom In response to Chu's question, Willkom stated that the City Council
officially designated the Public Art Committee (former name) to be named
the Public Art Commission at the February 21, 2023 meeting. The Public
Art Commission role is to advise the City Council on any matter related to
public arts in the City (same concept as the HCRA's role).
Kozak Kozak asked if there are any recommendations or proposals currently with
the Public Art Commission.
Willkom The Public Art Commission is currently working on the sculpture art walk
at the Tustin Legacy Park (Sculpture Walk article provided to the
Commission by Higuchi).
Chu Chu also asked if in the future, there is a public art project, will it be
presented at the Public Art Commission or the Planning Commission.
Willkom Willkom added that any public arts will now be directed to the Public Art
Commission, for their consideration, then a recommendation will be made
to the City Council.
Motion: It was moved by Chu, seconded by Kozak, to approve both recommended
actions. Motion carried: 5-0.
Authorized staff to 4. 2022 GENERAL PLAN ANNUAL REPORT AND ANNUAL
forward the General MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR
Plan Annual Report FOR TUSTIN LEGACY SPECIFIC PLAN
(the General Plan)
and the Annual
Mitigation The California Government Code requires that the Planning
Monitoring Status Commission provide an annual progress report to the City Council
Report (MMSR) to on the status of the City's General Plan and the progress in its
the City Council for implementation, including the progress in meeting our share of
consideration
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)
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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 (the General Plan) and the Annual
Mitigation Monitoring Status Report (MMSR) to the City Council for
consideration.
Maldonado Presentation given.
Hurtado Hurtado confirmed there were no hands raised in Zoom, no emails received,
no E-comments posted, and no speaker forms submitted.
Mello Mello asked for an update on the re -zoning effort to reflect the new RHNA
numbers. He also asked if there has been any discussion or if there are
any programs available to incentivize the development of housing
affordable to lower income households on sites that have been identified
for re -zoning in regards to RHNA.
Huitron In response to Mello's question, Huitron stated the following, in general:
there is a timeline that has to be adhered to per the adopted Housing
Element which included programs to re -zone and to increase the unit
counts for certain sites to meet the RHNA number; currently in the process
of preparing RFPs to start the California Environmental Quality Act
(CEQA) process for this project and anticipate moving forward in the next
quarter with the anticipation that it will be a year long process followed by
the actual community outreach and re -zoning for the increase of unit
counts to meet RHNA guidelines; the City is not that far along yet in the
process with relation to re -zoning the RHNA sites; however, there is a
parallel project currently underway through a consultant to provide the City
Council and Staff with a report and potential recommendations for
evaluating the development potential in the Red Hill Avenue Specific Plan
(RHASP) and the Downtown Commercial Core Specific Plan (DCCSP),
specifically looking for any barriers or constraints to housing development
and evaluating development potential on vacant lots with market feasibility
studies — conducting development opportunity analyses for those sites to
see if there is a better way that our zoning documents can promote housing
and also looking at the affordability component (i.e. legislation).
Willkom Willkom added that Staff has provided the first two (2) deliverable
outcomes of their study to the Ad Hoc committee. The consultant will look
at the feasibility studies for specific sites, the type of development that
could occur and whether or not it is feasible for the developer to actually
construct on the sites and still profit. Then they will make a
recommendation to the City Council (i.e. type of incentives, code
amendments needed, waivers to incentivize developments within the
Minutes — Planning Commission Meeting — February 23, 2023 — Page 4
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specific plans). Willkom estimated that information will be provided to the
Commission in the summer or fall.
Higuchi Higuchi asked about re -zoning in regards to meeting the RHNA. He asked
if re -zoning sites within the Tustin Legacy would require a Specific Plan
Amendment (SPA). He also asked if there would be an opportunity to open
the SPA for other changes or if the City is specifically limiting the SPA to
conformance with the Housing Element.
Huitron In response to Higuchi's question, Huitron stated that yes, it would require
an amendment to increase the unit count in the Tustin Legacy. She
confirmed that the City is focusing on the conformance with the Housing
Element, specifically on the unit count to meet RHNA.
Kozak Kozak asked about the timing on the RFP release.
Huitron Huitron stated that as of now, there is no timeframe, but that staff will report
back to the Commission at a future meeting.
Higuchi Higuchi asked Staff if Economic Development should be presenting on the
MMRP's being that they are heavily involved with the Tustin Legacy. At a
future meeting, he would like to see Economic Development provide
updates on the agenda (i.e. Tustin Legacy War Memorial, surplus land,
etc.).
Huitron Huitron stated that Community Development staff worked closely with the
Economic Development staff with preparing the report, which is a team
effort.
Chu Chu asked Maldonado about the Tustin Legacy's 400 units to be built by
Brookfield Residential and if those numbers were included in the RHNA
count.
Maldonado Maldonado confirmed that the 400 units were captured in the RHNA
numbers provided. He also referred the Commission to Table 2 of his
presentation to further explain. The Commission will be seeing a similar
table next year with updated numbers that will reflect the units that are
being finalized this year, along with permits being issued.
Kozak Kozak requested that next year's report show a summary comparison of
previous year's RHNA numbers.
Motion: It was moved by Mello, seconded by Chu to review and authorize staff to
forward the General Plan Annual Report (the General Plan) and the
Annual Mitigation Monitoring Status Report (MMSR) to the City Council for
consideration. Motion carried: 5-0.
STAFF CONCERNS:
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Willkom Willkom did not have any items to report on.
COMMISSION CONCERNS:
Higuchi Higuchi met two (2) Art Commissioners at the Tustin Mayor's Celebration on
February 2, 2023. Brookfield Residential already provided funds to go
towards the Sculpture Walk at the Tustin Legacy.
Mason Mason asked about the status of the Tustin Dog Park. Mason also attended
the Tustin Mayor's Celebration.
Willkom In response to Mason's inquiry, Willkom stated that the construction plans
for the Tustin Dog Park are in the final stages. She will connect with Public
Works and provide an update to the Commission at a future meeting.
Chu Chu thanked staff for their presentations.
Kozak Kozak also attended the Tustin Mayor's Celebration. Daylight savings time
March 12tn
Mello Mello participated in the CDBG Citizens Participation Committee meeting on
February 22, 2023. Great job Adrianne DiLeva!
ADJOURNMENT:
7:57 p.m. The next regular meeting of the Planning Commission is scheduled for
Tuesday, March 14, 2023.
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STEVE KOZAK
Chairperson
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JUSTINA L. WILLKOM
Planning Commission Secretary
Minutes — Planning Commission Meeting — February 23, 2023 — Page 6
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MARCH 28, 2023
7:03 p.m. CALL TO ORDER:
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Higuchi
1. PLANNING COMMISSION REORGANIZATION 2023
In accordance with the Planning Commission Policies and Procedures,
adopted on April 13, 2021, the Planning Commission reorganizes around
April of each year by appointing a new Chairperson and Chairperson Pro
Tem.
RECOMMENDATION:
That the Planning Commission elect a Chairperson and Chairperson Pro
Tem in accordance with the procedures outlined in Section 1, Part E of the
Planning Commission Policies and Procedures.
Mello Mello thanked his fellow Commissioners for their support during his role as
Chairperson. He then opened nominations.
Motion: Mason nominated Kozak as Chairperson. Seconded by Mello. Motion carried:
5-0.
Kozak Kozak closed nominations for Chairperson. He then opened nominations for
Chairperson Pro Tem.
Motion: Mello nominated Higuchi as Chair Pro Tem. Seconded by Kozak. Motion carried
5-0.
Kozak Kozak closed nominations.
All present. ROLL CALL: Chair Kozak
Chair Pro Tem Higuchi
Commissioners Chu, Mason and Mello
None. PUBLIC INPUT:
Minutes — Planning Commission Meeting — March 28, 2023 --- Page 1
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CONSENT CALENDAR:
Approved the 2. APPROVAL OF MEETING MINUTES— FEBRUARY 28, 2023
Minutes of the
February 28,
2023 meeting.
RECOMMENDATION:
That the Planning Commission approve the Minutes of the February 28,
2023 Planning Commission meeting, as provided.
Motion: It was moved by Higuchi, seconded by Chu, to approve the Minutes of the
February 28, 2023 Planning Commission meeting. Motion carried 5-0.
None. PUBLIC HEARING.
REGULAR BUSINESS:
Received & 3. YEAR IN REVIEW 2022
filed.
SUMMARY:
The 2022 Year in Review summarizes Community Development
Department's programs and activities conducted from January through
December 2022.
RECOMMENDATION
That the Planning Commission receive and file the report.
Maldonado Presentation given.
Willkom Willkom addressed the Commission and recognized all of the activity that
occurred over the past year along with the hard work done by staff. She
commended the Commission for all of the support to staff.
Chu Chu questioned the Costco gas station on El Camino Real.
Willkom/ Willkom informed Chu that the Costco gas station had already been presented
Daudt to the Commission, then it was appealed to the City Council due to a lawsuit
that was filed. Per Daudt, ultimately, the developer was able to move forward
with the application and build the gas station.
Maldonado Maldonado further explained that staff reviews a subset of projects that are
subject to a more administrative review process (i.e. alcohol licenses) which are
reviewed by the Zoning Administrator and some projects go through the Design
Review process which do not need to be brought before the Commission.
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Hurfado Hurtado confirmed no speaker forms, no hands raised in Zoom and no emails
received for public input.
Higuchi Higuchi made favorable comments on wireless sites not being listed in the
PowerPoint presentation. He requested that with future presentations, he would
like to see what the reassessment is on some of the properties and how much
value is being created within Tustin (i.e. impact fee numbers). Great job and
thanks to staff for a great 20221
Mason Mason also commended staff. What a year 2022 was, especially with the new
streamlining! Kudos to the vendor who created the flip book as well as to the
CDD Team and leader!
Mello Mello concurred with all of the positive feedback his fellow Commissioners
previously mentioned. He asked staff how often the flip book will be updated
with new projects.
Maldonado In response to Mello's last question, Maldonado stated, as projects get
submitted or as projects change, then the flip book (Current Projects page) will
be updated.
Kozak Kozak inquired about the Red Hill Plaza (i.e. any applications, possible
developments?).
Willkom In response to Kozak's previous question, Willkom stated that The Hill project
is currently underway. The property owner of the Red Hill Plaza is in
discussions with City staff regarding potential redevelopment and that the
property owner is still working on the concept plan. City staff is hoping to meet
with the property owner in the near future.
Motion: The Item was received and filed.
STAFF CONCERNS:
Willkom Willkom congratulated Kozak on being the new Chair and Higuchi on being the
new Chair Pro Tem. She also thanked former Chair Mello for his leadership over
the past year.
COMMISSION CONCERNS:
Mason Mason echoed Willkom's favorable comments previously mentioned.
Chu Chu echoed Mason and Willkom's favorable comments previously mentioned.
Mello Mello thanked his fellow Commissioners for the last year and to City staff for their
support.
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Higuchi Higuchi echoed everyone's favorable comments previously mentioned. He looks
forward to working with everyone this next year.
Kozak Kozak thanked former Chair Mello for his year of service. He also thanked staff
and counsel for their support and he looks forward to working with them in the
year ahead.
RATI-319IMMIT119,121111
7:51p.m. The next regular meeting of the Planning Commission is scheduled for
Tuesday, April 11, 2023.
STEVE KOZAQ
Chairperson
JUVNA L. WILLKOM
Planning Commission Secretary
Minutes — Planning Commission Meeting — March 28, 2023 — Page 4
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AGENDA
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
APRIL 25, 2023
T02 p.m. CALL TO ORDER:
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Mason
Mayor Pro 1. SWEARING -IN CEREMONY (Mason, Domer, Aguilera)
Tent
The installation of Planning Commissioner Mason, Building Board of Appeal Members
Domer and Aguilera was conducted by Mayor Pro Tern Letitia Clark.
ROLL CALL:
Present. Chair Kozak
Chair Pro Tem Higuchi
Commissioners Mason and Mello
Absent Commissioner Douthit
None. PUBLIC INPUT:
Hurtado Hurtado confirmed no public input received,
CONSENT CALENDAR:
2. APPROVAL OF MEETING MINUTES - MARCH 28, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the March 28, 2023
Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input received regarding the Consent Calendar.
Motion: It was moved by Mason, seconded by Higuchi, to approve the Minutes of the March 28,
2023 Planning Commission meeting. Motion carried 4-0-1.
PUBLIC HEARING:
Adopted 3. CODE AMENDMENT 2023-0003 (ORDINANCE NO. 1535) - (DENSITY
Reso. No. BONUS, ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
4469, as DWELLING UNITS ORDINANCE UPDATES)
presented.
Code Amendment (CA) 2023-0003 is a City -initiated request to amend
Chapter 1 (Incentives for the Development of Affordable Housing) of Article 9
Minutes - Planning Commission Meeting -- April 25, 2023 - Page 1
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(Land Use) to bring the Tustin City Code (TCC) into conformance with current
State Density Bonus Law (Government Code Section 65915-65918).
CA 2023-0003 also amends TCC Sections 9279 and 9297 relating to
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units
(JADUs) to comply with newly amended State Law, such as Assembly Bills
(AB) 2221 and 897 and Senate Bill (SB) 887, and to ensure they are in
compliance with the City's 2021-2029 Housing Element, as directed by AB 671
(2019).
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4469, recommending that
the City Council adopt Ordinance No. 1535, amending TCC Sections 9112 and
9121(a), adding TCC Section 9126 relating to incentives for the development
of affordable housing, and amending TCC Sections 9279 and 9297 relating to
ADUs and JADUs.
Huitron Huitron provided a verbal presentation which generally covered the following: the
recommended code amendments and resolution is to ensure the City remains in
compliance with the City's Housing Element that has been certified by the State; the City
must maintain a certified Housing Element and a large portion of the funding is utilized
by other departments, including the Economic Development Department; and she also
informed the Commission of the minor revision made to Page 7 of Ordinance No. 1535,
which was provided to the Commission earlier in the day and copies provided at the dais.
Higuchi Higuchi's questions generally included: with respect to the allowance of ADUs within
condominium projects in the TLSP, would condominium projects also be allowed to _
incorporate JADUs?; can ADUs be deed restricted?; if units are deed restricted, would
the developer also qualify for a density bonus?; and due to State law, would a
proposed development still be eligible to provide a JADU?
Huitron Huitron's response to Higuchi's questions generally included: the new TCC sections
pertain only to ADUs, not JADUs; since the provisions have been drafted, the
requirement is that there be a limit of one (1) ADU and it must be incorporated into a
proposed construction dwelling and if the units are rented, they would be deed
restricted to lower income households for 55 years.
Willkom Per Higuchi's density bonus question, Willkom explained that density bonus is
separate application from the ADU provision.
Huitron With regard to Higuchi's question regarding "State law and JADUs" Huitron stated that
this ADU provision is within the parameters of State law but further detailed in creating
the clarity that condominium lots are eligible for the creation of ADUs whereas the
government code only refers to the language of fee simple lots. For that reason, the
City is creating a specific path for condominium lots and the City can create language
that is tailored to Tustin. For now, the creation of units would be limited to ADUs and
not JADUs since the government code does not provide guidance for JADUs on
condominium lots.
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Daudt Daudt further explained the reason for the provision with ADUs versus JADUs is
because under State law, JADUs are defined with specific reference to single-family
lots and homes. What the proposal in question would do, is allow ADUs to be
constructed in connection with other housing types that would not qualify for a JADU.
The City is looking at duplexes, townhomes as well as single-family units that could
be eligible on a condominium lot for this program.
Higuchi Higuchi reiterated his question that JADUs are not allowed in condominium projects.
He also asked if City staff confirmed or consulted with HCD regarding the proposal.
Higuchi further asked if the City could allow/amend JADUs in condominium projects.
Lastly, Higuchi asked if the ADUs satisfy the RHNA numbers.
Huitron Per Huitron, as part of the City's Housing Element process, the City looked into
incentives in creating affordable housing (i.e. ADU Accelerator Programs mentioned
in her presentation) and AB 671 which was supported by HCD; thus, the proposed
amendment. Upon final City Council approval, staff will report to HCD as part of the
annual report of the adoption of the proposed amendment and identify that the
amendment is to satisfy and implement the programs identified in the certified housing
element. JADUs, in general, have unique definition in that they relate to conversion
of existing habitable areas versus new construction in the Tustin Legacy area. JADUs,
if addressed in the future, would have to be looked at city-wide, along with an analysis
of existing condominium lots that potentially the creation of that opportunity would
affect other developments outside of the Tustin Legacy. The City, in general, is
allowed to go above and beyond what the State requires, but implications are broader
than the Tustin Legacy. Huitron confirmed that the ADUs do satisfy the RHNA
numbers.
Daudt Daudt confirmed Higuchi's question.
Mello Mello asked if changes would be made to parking requirements or the need for (or
not) for additional parking in relation to the ADUs.
Huitron In the ekistin.g ordjnance and in accordance with the State law, when a unit is located
with'i,n'a,'half Mile,.of a transit stop, ADUs are not required to provide on -site parking
and would remain the same with the proposed amendment.
7:27 p.m. Hurtado confirmed no public input received.
Mello Mello's final comment referred to long term use of parking and circulation patterns and
how this might change with the changes in housing laws. He was also in support of
the item.
Higuchi Higuchi made favorable comments regarding Provision 3C. Great way to preserve
the value of Tustin Legacy, meet the RHNA requirements and impact the housing
crisis for everyone. He was also in favor of the item.
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Mason Mason mentioned that the community needs to take on the parking issue in Tustin.
She also stated the recommendation is a creative approach to expanding housing
opportunities to the working generation.
Motion: It was moved by Mello, seconded by Mason, to adopt Resolution No. 4469, as
presented. Motion carried 4-0-1.
None. REGULAR BUSINESS:
STAFF CONCERNS:
Willkom On behalf of the Community Development Department, Willkom congratulated Mason
on her re -appointment as a Planning Commissioner along with Commissioner Douthit
on his new appointment as a Planning Commissioner.
COMMISSION CONCERNS:
Higuchi Higuchi congratulated Douthit and thanked former Planning Commissioner Lisa Chu for
her years of service.
Mason Mason made favorable comments to the City Council and to staff with regard to her re-
appointment as Planning Commissioner. She also thanked former Planning
Commissioner Lisa Chu for her years of service.
Mello Mello echoed his fellow Commissioners favorable comments.
7:34 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday, May
9,2023.
STEVE IKOZAk
Chairperson
'JOSTINA L. WILLKOM
Planning Commission Secretary
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MAY 9, 2023
7.•04 p.m. CALL TO ORDER.
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Chair Kozak
Present. ROLL CALL: Chair Kozak
Commissioners Mello, Douthit, and Mason
Absent. Chair Pro Tem Higuchi had an excused absence.
PUBLIC INPUT:
Hurtado Hurtado confirmed no public input received.
Approved the CONSENT CALENDAR:
April 25 2023
meeting
minutes
1. APPROVAL OF MEETING MINUTES — APRIL 25, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the April
25, 2023 Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input received.
Motion: It was moved by Mason, seconded by Mello, to approve the Minutes of
the April 25, 2023 Planning Comm ission.meeting. Motion carried 4-0-1.
PUBLIC HEARING:
Adopted 2. CONDITIONAL USE PERMIT 2021-0027 AND DESIGN REVIEW
Reso. No. 2021-0014
4470, as
amended.
Minutes — May 9, 2023 - Page 1 of 7
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APPLICANT/ Sam Olson
PROPERTY Pacific Legacy Real Estate & Investments
OWNER: 17853 Santiago Boulevard, Suite 107-484
Villa Park, CA 92861
LOCATION: 14192 Yorba Street
ENVIRONMENTAL.
This project is categorically exempt pursuantto Section 15332 (Class 32),
Section 15303 (Class 3), and Section 15331 (Class 31) of Title 14,
Chapter 3 of the California Environmental Quality Act.
REQUEST:
1. Conditional Use Permit (CUP) 2021-0027 to authorize
construction of a multi -family residential planned development
comprised of three (3) new one-story dwellings with accessory
structures and the preservation of one (1), one-story dwelling
identified as a historic resource.
2. Design Review (DR) 2021-0014 for site layout and building
design.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4470, approving
CUP 2021-0027 to authorize construction of a residential planned
development and DR 2021-0014 for the site layout and building design
for a multi -family project consisting of three (3) new, one-story detached
dwellings and the preservation of an existing one-story dwelling
identified as a historic resource, located on a single lot at 14192 Yorba
Street.
Salman Presentation given.
Mello Mello asked if there was any indication (i.e. a historic plaque) that
indicated the project was historic.
Salman Salman stated that the project does not have a historic plaque but that it
was included as part of the 2021 Historic Survey and the existing
dwelling is considered a historic resource.
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Mason Mason asked about the height of the waLL between the project site and
the single-family residential homes to the east and south.
Salman In response to Mason's question, Salman stated that the existing wall on
the north side, south side and east side are alL six (6) feet in height.
Douthit Douthit asked for confirmation that there would be hedges, vines,
vegetation in between the southern and eastern walls (R-1 Zone).
Salman In response to Douthit's question, Salman stated that there will be fast
growing vegetation in between the southern and eastern walls. She
added that City staff is recommending the Conditions of Approval that
would require dense and fast-growing hedges along the north perimeter
wall, adjacent to the proposed pool.
Willkom Willkom further clarified that Condition of Approval No. 2.12 requires the
wall height be increased to six (6) feet eight (8) inches along the east and
the south property lines since they are adjacent to single-family homes.
Mason Mason asked if there is a height limit.
Willkom Willkom referred to the TCC that allows perimeter walls to be a
maximum height of six (6) feet eight (8) inches.
Douthit Douthit asked if the property was previously approved for Planned
Community (R-3).
Salman Salman confirmed that the City Council approved Ordinance No. 487,
rezoning the property to PC--R3 in 1971 with specific development
standards.
Public Members of the public (Liz Allen, Becks Allen) generally expressed
Input concern with the following: noise due to more residents; traffic; asked if
the project would be a possible rental property and not for sale; increased
fencing height to avoid people looking into neighbor's bedroom and
bathroom windows; and unsure of who the owner of the block wall is
between Park Tustin property and EnderLe Gardens.
Huitron In response to the public input regarding the height of the walls, Huitron
referred to the PLanning Commission meeting packet, specifically
Condition of Approval No. 2.12 (i.e. height of the walls on the south side).
The height increase is not required on the north side of the property
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because it is not adjacent to a single-family residential use. If the
Commission pleases, they can modify Condition of Approval No. 2.12 to
include the wall on the north property line.
Public Input Mr. Curt Wegley, resident, asked the following questions, in general:
setback of the proposed project; whose responsibility will it be to pay for
the increase in height of the wall; what type of windows will be facing
the property to the east of the project; Mr. Steve Henron, resident at
Enderte Gardens, addressed the following concerns: the number of
bedrooms in the proposed units; will the proposed project be a short-
term rental; will the owner of the main unit occupy that unit; Becky Allen,
resident of Park Tustin, voiced her concern with construction noise;
privacy; security; and Barbara Neeshaw voiced her concern with the
Length of time for construction.
Huitron For clarification regarding the public's concerns, Huitron addressed the
following, in general: height and privacy relating to the project site and
the adjacent structures; the zoning applicable to the project site Limits the
heights to one-story; the height of the condominiums along the north
perimeter wall are one --story units; the existing historic structure will be
preserved and protected; the proposed units would be one-story at
eighteen (18) feet in height; the garages closer to Yorba Street would be
at seventeen (17) feet high; the pool is an open space amenity for the
project; she explained the preservation process of the historic structure;
the applicant can pursue historic designation as part of the City's Mills
Act Program, if the applicant desires and if the structure and property
qualifies; with regard to the project site being a rental property, the
project site has been designed with the characteristics of a single family
project; with regard to short-term rental, the TCC prohibits any short-
term rentals or vacation rentals; and the TCC requires 30-day or longer
rentals.
Barragan Barragan also addressed the public's input which generally included:
setbacks on the east side of the project site, the minimum set back is ten
(10) feet; the property line wall — the existing structures will be
demolished and if the proposed project is approved, the new structures
on that property line will be a minimum of ten (10) feet; in terms of who
would pay for the wall, the Condition of Approval No. 2.12 only requires
that the wall be increased and the applicant will coordinate with
surrounding property owners; aLl the new units face the interior of the
project site and the rear of each of the new units face the property lines
(i.e. the private areas of the new units would back up to the backyards of
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the existing single family homes); the single family residences on
Wisteria Lane and Jacaranda back up to the property which means their
backyards are facing the subject property; various windows will be facing
the east, north and south property lines and include a variation of
bedroom windows, bathroom windows; and Living area windows with
sliding doors; the average size of the new units is 1,800 square feet and
are all proposed with four (4) bedrooms and three (3) bathrooms and the
historic unit will remain the same at four (4) bedrooms, one (1) bathroom;
the maximum height of the one-story units is eighteen (18) feet; and he
shared information regarding the density of the proposed units; the
development regulations for the PC R-3 zone requires that the wall be
six (6) feet eight (8) inches between the project site and single family
zones as well as landscaping @Long the perimeters to add additional
screening; and the applicant is proposing a variety of landscaping options
(i.e. trees, hedges, plants) to the north, south and east property Lines.
Mason Mason asked who the owner of the wall is, in general.
Barragan Per B@rragan, the City has not yet received a survey to determine who the
walls belong to but a determination will be done during the Plan Check
process.
Mello Mello asked about the strategically planted trees in front of the windows
and if a landscape buffer around the property was considered. Per the
public's concern with privacy, Mello asked if there is something available
that would keep the privacy between the properties.
Barragan In response to Mello's previous question, Barragan stated in addition to
trees, there would be landscaping hedges or vines in front of the
perimeter wall. Any landscaping that is in the setback area would act as
a buffer between the new homes and the property lines. Regarding
privacy, Barragan stated the Condition of Approval could be added that
would require the applicant to submit planting material for review and
approval by the Planning department at plan check.
Douthit Douthit asked about the condominiums to the north of the project site and
if they took advantage of the Zoning Ordinance that was adopted by the
City Council in 1971.
Barragan In response to Douthit's question, the condominiums were developed
under the same development standards as the proposed project
(Ordinance 487 adopted by City Council in 1971).
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Sam Olson, Regarding the concern with additional screening, Mr. Olson stated he
owner would be wiLLing to work closely with the concerned neighbors to ensure
they are comfortable with their screening. He was also in agreement with
the north property line wall being raised to six (6) feet eight (8) inches.
As for the start of construction, Mr. Olson stated it could take
approximately six (6) months to obtain a permit. The project overall could
take approximately one (1) year to complete.
Publiclnput Additional questions from Mr. Steve Henron included: the days/hours of
construction and he asked what the setback is to the north wall of Park
Tustin.
Willkom Willkom stated, the TCC allows for construction hours and the applicant
would need to abide by the construction hours listed in the TCC.
Barragan Per Barragan, the setback on the north and south property line is five (5)
feet which is consistent with the PC-R3 reguLations and also the R-1
standards as well.
8:11 p.m. Closed the Public Input portion of the meeting.
The Commission deliberated and coLlectively stated the following in
general• commended applicant for being respectful of the site plan;
favorable comments regarding the project; need to address privacy
concerns among the parties; thanked the members of the audience for
voicing their concerns; and if there is a height Limit for the landscaping.
Willkom Willkom stated that if the Commission desires to have some of the
Conditions of Approval modified, Willkom read aloud the potential
amendments (wall height) for the Commission's consideration as follows:
"Condition of Approval No. 2.12, as required by the Development
Standards, and applicable Ordinance No. 487,, the applicant shall
increase the height ofthe existing perimeter block wall at the north, south
and east property lines from six (6) feet to six (6) feet eight (8) inches
Condition of Approval No. 3.5.• the applicant shall revise the landscape
plan and add dense and fast-growing hedges along the eastern,
southern, and the northern perimeter wall to serve as additional
screening adjacent to the condominium development and the single-
family homes located to the north, east; and south of the project site. The
City re view and appro val of the planting materials and location is required
prior to issuance of any building permit "
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Motion.- It was moved by Mason, seconded by Mello, to adopt Resolution Na.
4470, as amended. Motion carried 4-0-1.
STAFF CONCERNS:
willkom WiLLkom congratulated newly appointed Planning Commissioner
Douthit.
COMMISSION CONCERNS:
The Commission collectively welcomed Commissioner Douthit to the,
Planning Commission.
Douthit Douthit thanked his fellow Commissioners and staff.
ME TUN M11
The next regular meeting of the Planning Commission is scheduled for
Tuesday, May 23, 2023.
W
'0� =WWWAR
STEVE KOZAK
Chairperson
JIU,,, INA L. WILLKOM
Planning Commission Secretary
Minutes — May 9, 2023 - Page 7 of 7
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
SPECIAL MEETING
JUNE 26, 2023
6:00 P.M.
6:01 p.m. CALLED TO ORDER.
Given. PLEDGE OF ALLEGIANCE: Commissioner Mello
Present. ROLL CALL: Chair Kozak
Commissioners Douthit, Mason and Mello
Absent. Chair Pro Tem Higuchi
None. PUBLIC INPUT.
Hurtado Hurtado confirmed no public input received.
Approved the CONSENT CALENDAR.
May 23, 2023
meeting
minutes.
PUBLIC MEETING:
Adopted Reso. 1. APPEAL FROM DENIAL OF REQUEST FOR DISABILITY -RELATED
No. 4476, as REASONABLE ACCOMMODATION (14851 YORBA STREET AND
provided. 165 NORTH MYRTLE AVENUE)
APPLICANT:
KELLY BRUNO-NELSON
EXECUTIVE DIRECTOR CALAIM,
CALOPTIMA HEALTH
505 CITY PARKWAY WEST
ORANGE, CA 92868
PROPERTY OWNER:
DAVID TANG
YORBA MYRTLE LLC
16027 BROOKHURST
STREET, STE. 1341
FOUNTAIN VALLEY, CA
92708
LOCATION: 14851 YORBA ST. & 165 N. MYRTLE AVE.
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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) pursuantto 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:
That the Planning Commission adopt Resolution No. 4476 denying
the request for disability -related accommodation of policies,
practices and procedures related to a proposed Recuperative Care,
Post -Hospitalization Housing and "Program of All-inclusive Care
for the Elderly" at 14851 Yorba Street and 165 N. Myrtle Avenue.
Allison E. Presentation given.
Burns, Special
Legal Counsel
Alan B. Mr. Alan B. Fenstermacher (Rutan & Tucker - Land Use Counsel for
Fenstermacher CalOptima) generally spoke on the following: the proposed health center
for seniors; proposal to reoccupy two (2) existing vacant buildings for acute
care and skilled nursing uses; no square footage changes; no changes to
the bed count, but only update/enhance the interiors to facilitate a
clinicaVmedical use; he asked the Commission to make a determination
that the proposed use is just like the prior use (a conditionally permitted
use) under its existing zoning and under the RA request; proposed project's
patients will in fact be disabled; he defined American's with Disability Act
(ADA) although no legal requirement necessary to prove the actual
disability; stated the City did not specify that the RA would result in an
undue burden; provided CalOptima background information; waiving
zoning requirements is a proper RA request; the proposed project should
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Alan B. not be treated any differently than the prior use of the buildings that was
Fenstermacher approved under a CUP; the City cannot make any determinations based on
who the users are, and must make its determination based on the use; and
if the appeals are granted, the City will have plenty of discretionary review
since CaLOptima is not requesting the proposed project be deemed a
permitted use but would still be subject to a CUP process.
David Tang Mr. Tang, property owner, explained the sale of the project site to
CaLOptima. He mentioned the prolonged entitlement process and financial
burden has caused for Mr. Tang and his partners. He made favorable
comments about CaLOptima and he asked the Commission to approve CUP
2022-0019.
Burns In response to Mr. Tang's statement regarding the CUP, Ms. Burns
explained to the Commission that the CUP was not being considered by
the Commission for approval at this special meeting. The RA request was
the only item being considered by the Commission at this public meeting.
Rebecca Ms. Rebecca Rolland, Mountain View Drive resident, generally spoke on
Rolland the foLLowing: issue there will be increased traffic on Mountain View Drive;
fearful of more issues with the proposed project; concern with the patients
Leaving the facility (where would they go? concern with loitering); there is
currently a homeless issue on Mountain View Drive; concern with
employees parking on Mountain View Drive (employees of the previous use
would park in the residential area); and concern with overall safety and
property value.
Mark Mauer Mark Mauer, Rim Investments 14841 Yorba St., stated he did not know that
"disability" is a criterion and how a disability would distinguish this type of
facility (i.e. ADA aspect) to require a reasonable accommodation.
Hurtado Hurtado confirmed no additional public input received.
Douthit Douthit thanked staff and the applicant for presentation. He stated the
facility appears as if it is trying to be an "exception" not an
"accommodation". He touched on the City's due process.
McLLo McLLo disclosed he had met with the applicant several months ago. He
generally stated the foLLowing: great idea for homeless; did not believe a
RA would be necessary for this item; and there needs to be an approach
for more reasonably reflective land use requirements for the City.
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Kozak Kozak stated the proposal was a viable project for Myrtle and he was in
support of the project.
Mason Mason added that the RA was not relevant in this case. In support of
adopting the resolution, as presented by staff.
Mello Mello concurred with Mason's previous statement.
Motion: It was moved by Mason, seconded by Mello, to adopt Resolution No. 4476,
as presented. Motion carried 4-0-1.
PUBLIC HEARING:
Adopted Reso. 2. APPEAL FROM COMMUNITY DEVELOPMENT DIRECTOR'S USE
No. 4477, as DETERMINATION (UD 2023-0002)
provided.
APPLICANT:
KELLY BRUNO-NELSON
EXECUTIVE DIRECTOR CALAIM,
CALOPTIMA HEALTH
505 CITY PARKWAY WEST
ORANGE, CA 92868
PROPERTY OWNER:
DAVID TANG
YORBA MYRTLE LLC
16027 BROOKHURST
STREET, STE. 1341
FOUNTAIN VALLEY, CA
92708
LOCATION: 14851 YORBA ST. & 165 N. MYRTLE AVE.
ENVIRONMENTAL REVIEW:
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:
• That the 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
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aspect of the project is a conditionally permitted use under the site's zoning
district and general plan land use designation.
:��I�7 �I� I �i• IC7�i
That the Planning Commission adopt Resolution No, 4477 denying
the appeal and upholding the Community Development Director's
Use Determination (UD 2023-0002).
Barragan Presentation given.
Michael Hunn Michael Hunn (CaLOptima CEO), touched on the following: CaLOptima
Health's services (i.e. to provide support for older adults to have access of
doctors/clinics (recuperative/PACE); asked the Commission to consider and
support their project; discussed in detail the proposed Living center,
recuperative care, and CaLAIM; the proposed center would be re -occupying
the exact same site to provide care for older adults, particularly to those
unhoused until, they can establish their next place of living; recuperative
care was developed by health plans; CaLOptima Health history and
qualifications.
Kelly Bruno- KeLLy Bruno -Nelson, CaLOptima and MediCal Executive Director, generaLLy
Nelson spoke on the following: her background with CaLOptima and the timeline
and status of their application process; proposed project is an opportunity
to care for the elderly; shared the similarities between "Tustin Community
Living Center" with the existing CUP; provided Power Point presentation;
timeline of the project and process with the City; and Tustin Community
Living Center background,
Alan B. Alan B. Fenstermacher stated the following, in general. ALL of the Legal
Fenstermacher bases are detailed in their appeals, in writing; however, added that it is up
to the Commission to interpret what is "hospital -Like" and based on the
record, the proposed use is very similar to a hospital use. The PACE
Program, City staff believes is similar to a hospital use. If the Commission
were to look at the recuperative care aspect alone, the Commission would
stiLL be within its discretion to determine that the use is also similar to a
hospital use. The applicant is being required to submit a brand-new
application for zone changes because of the differences in terms "medical
oversight" and "medical services". The proposed uses are an institutional
medical use and are similar to a hospital use such that it would be
conditionally permitted. In fact, the City's General Plan specifically states
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Alan B. that limited residential uses are permitted in the public and institutional
Fenstermacher zone as long as they are associated with the institutional use. If the appeal
is granted, the applicant would still need to go through a discretionary CUP
process and will come back to the Commission and would be subject to
any conditions the Commission may impose. What the applicant is asking
is to allow the CUP application to proceed to a hearing, rather than starting
the process entirely over.
Burns Burns re-emphasized to the Commission thatthe City is not recommending
denial of the project, only denial of the appeal on Land use determination
thatthe proposed recuperative care and post hospitalization are not simiLar
to hospital . She referred to the "health facilities" section within the TCC
along with the characteristics — licensing and hours of operation.
McLLo Mello asked the applicant and staff: 1) to clarify if recuperative center
guests are free to choose the PACE program; and 2) if the patients would
be free to come and go as they please or mandated to remain until checked
out like in a hospital.
KeLLy Bruno- In response to McLLo's questions, Ms. Bruno -Nelson stated the foLLowing,
Nelson in general: everyone has freedom of choice; cannot make anybody
participate in .PACE (per their operations plan); anticipate the vast majority
of the members in the recuperative care program will participate in the
PACE Program; and how the current senior living facilities in Tustin differ
from the proposed project.
Mello Mello asked staff about the senior living facilities within the city and how
they are zoned and if zoning differs from a hospital use.
WiLLkom In response to Mello's questions, WiLLkom stated that many of the assisted
Living/senior facilities, convalescent homes are typicaLLy located in
commercially zoned areas, and are Licensed by the Department of
Healthcare and are required to receive approval of a CUP. Senior living
facilities is not listed as a conditionaLLy permitted use, but hospitals are
Listed as such in the P&l zone.
Mason Mason asked the applicant to explain the difference between acute care
and the PACE Program. She asked if the applicant would be providing any
medical services outside the PACE Program. She also asked if the
proposed project would be a skiLLed nursing facility. Mason also asked why
recuperative care is not mandated by the State and Licensed.
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Bruno -Nelson In response to Mason's previous questions, Ms. Bruno -Nelson stated the
following in general: subject to medical care plan (outlined in the
operations manual); physicians assistants are on staff; recuperative has
only existed for 15 years which is why no mandate for Licensing -- the
population did not exist before; financial healthcare forthe homeless; they
have advocated recuperative care should be Licensed; explained in detail
Aide #10 in the applicant's Power Point "Staffing and Security
Information'; each POD will have 20-25 people and its own RNs, LVNs,
safety associate, etc. and its own individual medical staff.
Douthit Douthit asked why there is a need for two (2) directors. What if the guest
has been deemed medically appropriate for discharge, but no permanent
housing is avaiLable. What happens at that point? He also commended
CaLOptima for their services.
Bruno -Nelson Ms. Bruno -Nelson explained that there is one (1) director of recuperative
care and one (1) director of the PACE Program, and she would oversee the
entire facility. Each department has a director overseeing different areas.
Ms. Bruno -Nelson stated they are dedicated in ensuring members leaving
the facility have permanent housing, which is why the importance of the
PACE program. This would allow the frail patients to remain in their own
home with the support services PACE has to offer.
Michael Hunn Mr. Hunn spoke on the following: how this facility would compare to acute
care/recuperative care (i.e. convalescent homes) and that it is not a shelter.
He explained, in detail, services that hospitals, such as Hoag Hospital,
provide in order to compare with recuperative care. Mr. Hunn added that
acute care is nothing Like it used to be.
Mark Mauer Mr. Mauer, representative of Rim Investments, commented on the
following: he supported the PACE aspect use; sees recuperative care
differently than the applicant's definition (per the program's brochure —
average stay is one 1 year); project does not fit with the current existing
zoning; concern with the facility's curfew; and concern with guests Loitering
on his property.
Sasha Ms. Richards, resident of Mountain View Drive, voiced her concern with the
Richards increased homeless issue in Tustin; safety; parking; property values;
increased crime rate; and she asked the Commission to consider the
ramifications of this facility in this area.
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HiLLary Kay Ms. Kay, tenant of 150 Yorba Street, voiced her concern with the current
homeless issue; safety; and she would not be opposed if there was extra
security on the proposed facility.
Bruce Mr. MacKenzie, resident of Mountain View Drive, voiced his concern with
MacKenzie the members participating in the PACE Program; proposed facility being
next door to residential; and the increased homeless issue.
Allison Burns Ms. Burns shared with the Commission the nature of the original CUP of
the property which stated it authorized hospital beds for neurologicaL or
convalescent care only.
8:04 p.m. Closed the Public Hearing.
Mello Mello reminded the Commission of the item being presented. This is two
(2) separate uses or one (1) hospital like use. He was in favor of the
Community Development Director's recommended action.
Douthit Douthit stated that considering that this use is not a hospital, he, too was
in agreement with upholding the Community Development Director's
recommended action.
Mason Mason thanked the applicant and the community for speaking, and agrees
that the uses are not an integrated use. She was also in support of the
Community Development Director's decision.
Kozak Kozak concurred with his colleagues; however, if the items are brought
back to the Commission, he asked if the conflicting items can be worked
out to assist with decision making.
Burns In response to Kozak's questions/comments, Ms. Burns provided
information and clarification on the motion.
Motion: It was moved by Mason, seconded by Douthit, to adopt Resolution No.
4477. Motion passes 4-0-1.
None. REGULAR BUSINESS.
STAFF CONCERNS:
Planning Commission Special Meeting Minutes —June 26, 2023
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VViLUkorn WiiBkorn reminded the Commission of fomOrn}vvs regmbar P[anninB
Commission meeting beginning at 7pm,
COMMISSION CONCERNS:
The Commission did not have any concerns.
8:15 p.m. Meeting adjourned.
Chairperson
PLanning Commission Secretary
Planning Commission Specia|Meeting Mimutes—]uneIG,I023
Page
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ACTION MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
REGULAR MEETING
JUNE 27, 2023
6:00 P.M.
7:00 p.m. CALLED TO ORDER.
Given. INVOCATION: Reverend Steven Sterry, St. Stephen's Anglican Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Mello
Present. ROLL CALL: Chair Kozak
Chair Pro Tern Higuchi
Commissioners Douthit, Mason and Mello
None. PUBLIC INPUT.
Hurtado Hurtado confirmed no public input received.
Approved the CONSENT CALENDAR
May 23, 2023
Planning
Commission
meeting
minutes.
1. APPROVAL OF MEETING MINUTES— MAY 23, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the May 23,
2023 Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input received on the Consent Calendar.
Motion: It was moved by Mason, seconded by Higuchi, to approve the Minutes of
the May 23, 2023 Planning Commission meeting. Motion carried 5-0.
None. PUBLIC HEARING:
Planning Commission Special Meeting Minutes --June 26, 2023
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REGULAR BUSINESS:
Approved the 2. TUSTIN HISTORIC REGISTER
nomination. "MARGARET BYRD HOUSE — 1924"
APPLICANT/PROPERTY OWNER:
Wendy Blanda
158 N. B Street
Tustin, CA 92780
RECOMMENDATION:
PLAQUE NOMINATION
That the Planning Commission approve the nomination of 158 N. B
Street to the City's Historic Register Plaque Program and select
"Margaret Byrd House - 1924" as the most appropriate historical
name and date of construction of the property.
Salman Presentation given.
Motion: It was moved by Douthit, seconded by Kozak, to approve the nomination of
158 N. B Street to the City's Historic Register Plaque Program and select
"Margaret Byrd House--1924" as the most appropriate historical name and
date of construction of the property. Motion carried 5-0.
Training 3. HISTORIC PRESERVATION TRAINING
provided.
This training includes an overview on the City's four (4) historic
preservation programs that are currently being implemented within
the City of Tustin:
1. Mills Act Program
2. Historic Register Plaque Program
3. Commendation Program
4. Tustin Pioneer Bust Program
Salman Presentation given and training provided to the Commission.
STAFF CONCERNS:
Willkom No concerns.
Planning Commission Special Meeting Minutes --June 26, 2023
Page 2
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COMMISSION CONCERNS:
The Commissioners did not have any concerns.
NEI=
The next regular meeting of the Panning Commission is scheduled for
Tuesday,. July 11, 2021
STEVE KOZAK'
Chairperson
J iTINA L. WILLKOM
Planning Commission Secretary
Planning Commission Special Meeting Minutes —June 26,, 2023
Page 3
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
ACTION MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JULY 25, 2023
7-00p.m. CALL TO ORDER: 7:00 p.m.
Given. INVOCATION: Reverend Steven C. Sterry, St. Stephen's Anglican Church
Given. PLEDGE OF ALLEGIANCE: Chair Pro Tern, Higuchi
Present. ROLL CALL: Chair Kozak
Chair Pro Tern Higuchi
Commissioners Douthit, Mason, Mello
None. PUBLIC INPUT:
Approved the CONSENT CALENDAR:
Consent
Calendar.
1. APPROVAL OF SPECIAL MEETING MINUTES -JUNE 26, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the June 26, 2023
Planning Commission special meeting, as provided.
2. APPROVAL OF MEETING MINUTES - JUNE 27, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the June 27, 2023
Planning Commission meeting, as provided.
Motion: It was moved by Higuchi, seconded by Mason, to approve the Consent Calendar items,
as presented. Motion carried 5-0.
None. PUBLIC HEARING
REGULAR BUSINESS:
Action Minutes - Planning Commission Meeting - July 26, 2023 - Page 1
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Staff miLt present the summary of projects and activities from the Community
[)oveiopnuent and PubUc Works Departments. The presentation vviK focus on;
the status of projects that the Pianning Commission, City ComnciL, Zoning
/\dmninistrator, or staff approved; historic preservation projects; Code
Enforcement activities; major construction and improvement projects; andoLher
items ofinterest.
RECOMMENDATION:
That the PLanning Commission receive and fiLe this item.
Ma6zonaclo Presentation given.
STAFF CONCERNS:
Willkom WiLLkom informed the Commission ofIrma Huitron's(forme�rAssistant Director)
departure from the GO. She accepted aDirector position with the City of Downey.
Cnngratmiotionsirrna! ALso,ahappy birthday toRaymond Barrogan!
'
C{}K4K4|SSI[]N CONCERNS:
The Commission members did not have any concerns.
ADJOURNMENT:
f{t71/znz The next reguiar meeting of the P[anniog Commission is scheduLed for Tuesday,
August B.ZQ21
!E KOZ�AK
Chairperson
J4UIN4AL. WILLKOM
PLanning Commission Secretary
Action Minutes — Planning Commission Meeting — July 25, 2023 — Page 2
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ACTION MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
AUGUST 22, 2023
7:00 p.m. CALL TO ORDER: 7:00 p.m.
Given. INVOCATION: Pastor Michael.Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Chair Kozak
Present. ROLL CALL: Chair Kozak
Chair Pro Tern Higuchi
Commissioners Douthit, Mason, Mello
None. PUBLIC INPUT: Hurtado confirmed no public input received.
Approved the CONSENT CALENDAR:
Consent
Calendar.
1. APPROVAL OF MEETING MINUTES —JULY 25, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the July 25, 2023
Planning Commission special meeting, as provided.
Hurtado Hurtado confirmed no public input received on the Consent Catendar.
Motion: It was moved by Mason, seconded by Higuchi, to approve the Consent Calendar as
presented. Motion carried 5-0.
None. PUBLIC HEARING:
REGULAR BUSINESS:
Received and 2. EL CAMINO REAL PARKLET AND MAIN STREET IMPROVEMENTS
fi Led.
Staff will provide a presentation regarding El Camino Real Parklet and Main
Street Improvements.
RECOMMENDATION:
Action Minutes -- Planning Commission Meeting — August 22, 2023 — Page J
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
That the Planning Commission receive and file this item.
Maldonado/ Presentation given.
Nishika wa
Received and 3. OVERVIEW OF THE RALPH M. BROWN ACT
filed.
Staff wifl present an overview of the Ralph M. Brown Act and how it relates
to your role as a Planning Commissioner.
RECOMMENDATION:
That the Planning Commission receive and file this item.
Daudt Presentation given.
STAFF CONCERNS:
Willkom No concerns.
COMMISSION CONCERNS:
Mello Favorable comments for Staff and tonight's presentations. Thanks to the City for
their efforts with the
Douthit Douthit participated on a Tustin Police ride along on 8/18/23. He requested a report
on street vendors and enforcement. Douthit also made favorable comments to Staff
on tonight's presentations.
Kozak Kozak attended Tustin's Concerts in the Park series and he thanked City staff. He
attended the OCTA Citizens Advisory Committee Meeting on 7/18/23 and a
Memorial and tribute service to Dr, Allan ("Doc") Bernstein on 8/13/23.
ADJOURNMENT:
R-08p.m. The next regular meeting of the Planning Commission is scheduled for Tuesday,
September 12, 2023.
L _J
Action Minutes -- Manning Commission Meeting - August 22, 2023 - Page 2
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4eel 1-1 --1(11
STEVE KOZAK
Chairperson
J 4UST aNL. W I LLKO M
Nanning Commiission Secretary
Action Minutes — Planning Commission Meeting — August 22, 2023 — Page 3
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ACTION MINUTES
COUNCIL. CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
SEPTEMBER 12, 2023
7.•OOp.m. CALL TO ORDER
Given INVOCATION: Reverend Steven C. Sterry, St. Stephen's Anglican Church
Given PLEDGE OF ALLEGIANCE: Commissioner Douthit
Present. ROLL CALL: Chair Kozak
Chair Pro Tern Higuchi
Commissioners Douthit & Mello
Absent Commissioner Mason
None. PUBLIC INPUT: Hurtado confirmed no public input received.
Approved the CONSENT CALENDAR:
Consent
Calendar
1. APPROVAL OF MEETING MINUTES -AUGUST 22, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the August 22, 2023
Planning Commission special meeting, as provided.
Hurtado Hurtado confirmed no public input received on the Consent Calendar.
Motion: It was moved by Higuchi, seconded by Douthit, to approve the Consent Calendar, as
presented. Motion carried 4-0-1.
None. PUBLIC HEARING:
REGULAR BUSINESS:
Received & 2. HISTORIC PRESERVATION TRAINING
filed.
Architectural Resources Group (ARG) will provide a presentation regarding
Historic Preservation.
Action Minutes - Planning Commission Meeting - September 12, 2023 -- Page 1
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RECOMMENDATION:
That the Planning Commission receive and file the report.
Ms Katie Presentation given by Ms. Katie Hourak, ARG.
Hourak
Received & 3. STATUS UPDATE ON STREET VENDING ACTIVITY AND ENFORCEMENT
fled.
Staff will present an overview of the City's enforcement efforts to add ress street
vending activity.
RECOMMENDATION:
That the Planning Commission receive and file this item.
Hurtado Hurtado confirmed no public input received on this item.
Maldonado Presentation given.
Kozak Kozak requested Staff provide updates on the City's enforcement efforts at a later date.
STAFF CONCERNS:
Willkom
Willkom introduced Jay Eastman, Community Development's new Assistant Director!
COMMISSION CONCERNS:
Higuchi
No comments or concerns.
Mello
Mello welcomed Eastman to the City and he thanked staff for both presentations.
Douthit
Douthit also welcomed Jay
Kozak
Kozak thanked Staff and ARG for both presentations.
9.•19p.m.
ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
September 26, 2023,
Action Minutes — Planning Commission Meeting — September 12, 2023 — Page 2
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(_hairp2[SOD
PLanning Commission Secretary
Action Minutes — Planning Commission Meeting - September 12, 2023 — Page 3
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ACTION MINUTES
SPECIAL MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 26, 2023
SPECIAL MEETING
WALKING TOUR OF OLD TOWN TUSTIN
DEPARTING FROM STEVENS SQUARE
228 W. MAIN STREET
*TOUR DESTINATIONS
1. 228 W. Main Street (Stevens House) -- began at 5:06 PM
2. 420 W. Main Street (Vance House) - 5:25 PM
3. 350 S. B Street (Hewes House) - 5:30 PM
4. 255 W. Main Street (Tustin Presbyterian Church) -- 5:40 PM
5. 305 S. C Street (Mary Tustin House) - 5:50 PM
6. 150 W. Main Street (Artz Building: Rutabegorz) - 6:00 PM
7. 130-140 W. Main Street (Old Commercial Shops) - 6:10 PM
8. 220 E. Main Street (Saddleback Chapel Mortuary) - 6:20 PM
9. 520 El Camino Real (Little Tree Church -Jamestown Village) - 6:38 PM
10. Conclusion: 560 El Camino Real (Tustin Garage (currently Black Marlin Restaurant)) -
concluded at 6:38 PM
*Arrivalldeparture times are approximate
Meeting convened at 5:02 p.m. with staff welcome and introductions.
Roll Call: Present: Kozak, Douthit, Mason (arrived 5:15 p.m.) and Mello
Absent: Higuchi
Public Comments: None
Agenda Item: Senior Planner Erica Demkowicz clarified that the meeting was
intended to highlight various historic buildings. The Walking Tour also furthers the
Planning Commissioners training as Historic and Cultural Advisors, as required under
the California Office of Historic Preservations' Certified Local Government program.
Mr. Brian Sjoberg, Tustin Preservation Conservancy, led the walking tour.
Attendance: Chair Kozak, and Commissioners Douthit, Mason and Mello
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City staff: Jay Eastman (Assistant Community DeveLopme,nt Director), Raymond
Barragan (Principal PLanner), Erica Demkowicz, Senior PLanner, Mary
SaLman (Assistant PLanner), Jose Jara (Assistant PLanner), Adam Wong
(Assistant PLanner), Aaron Va,LLe (Administrative Intern), Adrianne
DiLeva (Management Analyst 11), and Vera Hurtado (Executive
Assistant).
A total of nineteen (19) attendees participated in the wanking tour.
Adjournment: 6:40 p.m.
SIEVE KOZAK
Chairperson
jbqylh A L. WILLKOM
Planning Commission Secretary
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ACTION MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
OCTOBER 10, 2023
7-00 P.M. CALL TO ORDER:
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Mason
Present. ROLL CALL: Chair Pro Tern Higuchi
Commissioners Mello, Mason & Douthit
Absent Chair Kozak had an excused absence.
None. PUBLIC INPUT
Approved CONSENT CALENDAR:
the Consent
Calendar
1. APPROVAL OF MEETING MINUTES— SEPTEMBER 12, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the September 12,
2023 Planning Commission meeting, as provided.
2. APPROVAL OF SPECIAL MEETING MINUTES — WALKING TOUR ----
SEPTEMBER 26, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the September 26,
2023 Planning Commission special meeting, as provided.
Hurtado Hurtado confirmed there was no public input.
Motion: It was moved by Douthit, seconded by Mello to approve the Consent Calendar,
as presented. Motion carried 4-0-1..
Agenda — Planning Commission Meeting — October 10, 2023 — Page 1
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PUBLIC HEARING:
Adopted 3. SUBDIVISION MAP (SUB) 2023-0003/VESTING TENTATIVE TRACT MAP
Reso. Nos (VTTM) NO. 1.91.64 FOR CONDOMINIUM PURPOSES, DESIGN REVIEW
4479, as (DR) 2023-0019, FINAL APPROVAL OF RESIDENTIAL ALLOCATION
amended & RESERVATION (RAR) 2023-0001, DENSITY BONUS
4479, as CONCESSION/WAIVER REQUESTS, DEVELOPMENT AGREEMENT (DA)
presented, 2023--0002
APPLICANT: KAREN ALVES
CITY VENTURES HOMEBUILDING, LLC
3121 MICHELSON DRIVE, SUITE 150
IRVINE, CA 92612
KALVES@CITYVENTURES.COM
PROPERTY MICHAEL KIM
OWNER: TUSTIN CAPITAL LLC
3701 WILSHIRE BLVD, SUITE 820
LOS ANGELES, CA 90010
JPY@THEMODERNFLAT.COM
LOCATION: 14042 NEWPORT AVENUE (APN NOS. 432-074-07, 08
& 09)
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
(DCCSP; SP1.2)
REQUESTS: A request to subdivide the existing three (3) parcels to
one (1) lot for condominium purposes to construct a total
of forty-two (42) units including forty (40) market rate
and two (2) affordable units. The request includes a
Subdivision, Design Review, Density Bonus along with its
concession and waivers, provision of affordable units, and
a development agreement.
ENVIRONMENTAL:
On June 19, 2018, the Tustin City Council adopted Resolution No. 18-24
adopting and certifying the Final Environmental Impact Report (EIR) for the
Downtown Commercial Core Specific Plan (DCCSP).
iv _j
Agenda — Planning Commission Meeting — October 10, 2023 — Page 2
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The project has been evaluated pursuant to the California Environmental
Quality Act ("CEQA") and determined to be exempt pursuant to Section
15182(c) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section
15182) and Government Code Section 65457 for Residential Projects
Implementing a Specific Plan because none of the factors Listed in Public
Resources Code Section 21166 have occurred. The project will be required
to comply with applicable mitigation measures identified in DCCSP
EIR/Mitigation Monitoring and Reporting Program (MMRP).
RECOMMENDATION:
That the Planning Commission:
1. Adopt Resolution No. 4478, as amended, recommending that the City
Council approve:
SUB 2023-0003NTTM No. 19164 to subdivide the property for
condominium purposes to construct a total of forty-two (42)
residential units, including seven (7) Live/work units, on
approximately two (2) acres Located at 14042 Newport Avenue;
• DR 2023-0019 for site layout and building design for forty-two
(42), three-story residential units, including seven (7) Live/work
units, on approximately two (2) acres Located at 14042 Newport
Avenue;
• Final Approval of RAR 2023-0001 reserving thirty-five (35) base
residential units;
Density Bonus request with five (5) percent of units identified as
very -low income housing with a request for density bonus of
twenty percent (35 base units, plus seven density bonus units); one
(1) concession to remove the requirement for full replacement of
frontage improvements along EL Camino ReaL; two (2) waivers to
reduce the minimum required ground floor commercial
development standards within the Live/work units that include the
interior depth from forty-five (45) feet to thirteen (13) feet- eight
(8) inches (13'-8") and first (1st) floor plate height of the Live/work
units from sixteen (16) feet to ten (10) feet one (1) inch (10'1"); and
use of State Density Bonus Law parking standards, which allow
tandem parking; and
Agenda — Planning Commission Meeting — October 10, 2023 — Page 3
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2_ Adopt Resolution No. 4479, recommending that the City Council
adopt Ordinance No. 1538 for DA 2023-0002 to accept the provision
of community public benefits, by including two (2) affordable housing
units for very low-income households, payment of a voluntary,
workforce housing incentive program in -Lieu fee, and a 1,392 square
foot public amenity space.
Carver Presentation given.
Willkom WILLkom informed the Commission that Condition of Approval No. 4.4 will be
further refined to include: "if, at plan check, the City's Community Development
Director, Police Chief, and/or Public Works Director determines that the vehicle
turn movement into and out of the project driveway, along EL Camino Real and
Newport Avenue, needs to be reassessed, the Community Development Director,
Police Chief, and/or Public Works Department may require the appLicant to
prepare a traffic analysis and the applicant shaLL bare the associated cost. If said
study indicates there is an inadequate capacity at the project driveways, the
appLicant shalL be required to provide measures to be reviewed and approved by
the Community Development Department and Public Works Department."
Higuchi Higuchi asked if the revision to Condition No. 4.4 was related to the raised median!
along Newport Avenue.
Carver Per Carver, Condition No. 4.4 was amended based on original comments from
Caltrans.
Willkom Willkom further explained that the intent of Caltrans was to prohibit Left turn
movement along Newport Avenue and from the project site. When staff looked
at the existing median on Newport Avenue, it was already extended and it is
impossible for vehicles to make a left turn. Therefore, the condition is no Longer
necessary.
Higuchi Higuchi asked the Commission if there were any questions specifically related to
the revised conditions.
Mello Mello asked about Condition No. 12.8 (d) (will trees be installed or not).
Barragan The applicant was not proposing to install any street trees along EL Camino Real
and Newport Avenue. The applicant is proposing trees on the project site fronting
EL Camino Real; however, if they do plant street trees in the right-of-way, then the
City's arborist would be able to decide on the location of the trees.
Agenda — Planning Commission Meeting — October 10, 2023 — Page 4
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Higuchi Higuchi asked if tree planting was related to the density bonus concession.
Barragan Barragan stated that the tree planting was not related to the density bonus
concession.
Willkom The proposal involves the removal of existing driveways with sidewalks. Now that
the project has been refined, there are adequate street trees on the private
property portion of the project site; therefore, no street trees along the right-of-
way is required by the Public Works Department. However, Public Works
Department wanted assurance should the developer decide to install trees in the
public right-of-way, they want to be able to determine the type of trees and the
Location of the trees.
Higuchi Higuchi asked if the Commission had any additional questions for staff.
Mello Mello inquired on the foLLowing, in general: open space versus private areas (i.e.
BBQ areas) and protecting them from being used by passersby; wiLL there be
fencing in place?; Phase One and Phase Two of the RAR; the VTTM; Condition of
Approval 10.1 (OCFA's Fire Protection Plan) and 10.4 (OCFA's Fire Master Plan is
valid for 90 days) - concern with OCFA having the ability to require changes to the
site plan and thus impactthe VTTM; and he asked if the conditions could be altered
to state OCFA's clearance wiLL occur at a different time.
Barragan In response to McLLO'S previous questions, there are no gates proposed around the
common areas or community.
Willkom Willkom addressed the DCCSP RAR concept, which is a reservation of units. The
first phase is for the applicant to submit a concept plan to the City, to reserve the
units for the development. The second phase involves the entitlement. There are
some stipulations with respect to the timeline of the entitlement, which has been
negotiated within the DA. With regards to the VTTM, it is also included as part of
the DA. With respectto OCFA conditions, Willkom referred Mello to the beginning
of Resolution No. 4478 where it states that the Director is allowed to modify the
condition. if OCFA had additional comments, then OCFA, the City and the
applicant would re -group to work out the issues. Willkom did not foresee any
issues, but again, conditions can be revised should any issue arise. She asked the
Commission if staff could refine the conditions before presenting to the City
Council for their review and approval.
Daudt To clarify, Daudt stated that if the Commission was in agreement with Willkom's
suggestion, the Commission's final motion would be the recommendation to
Condition Nos. 10.1 and 10.4 before they are presented to the City Council.
Agenda — Planning Commission Meeting — October 10, 2023 — Page 5
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Douthit Douthit asked about the process if the applicant were to request adding gates or
fencing to the project site at a later date. He also asked if there would be fencing
around the park area up against the 5 Freeway. Douthit also asked if the Density
Bonus units do not count against the RAR "pool" for the DCCSP.
Willkom Willkom stated that if the applicant requested the project site be gated, then Public
Works would get involved, and would want an area to allow cars to stack before
entering the project site, but unsure if there is enough area for gates and fencing
since the driveways on Newport Avenue and EL Camino Real are generally "short".
Barragan Barragan confirmed there would not be fencing around the common area adjacent
to the 5 Freeway. Should the applicant decide, at a later date, to instaLL a fence, it
would need to be approved by the Community Development Department.
Barragan confirmed Douthit's statement regarding the RAR "pool".
Mason Mason asked for clarification with regards to the remaining seven (7) units. She
also inquired on the State's requirements for solar panels. Mason voiced her
concern with the parking and asked for clarification regarding tandem parking.
willkom In response to Mason's questions, Willkom stated that the State's density bonus"
units are notto be counted as part of the allowable density and she confirmed that
the new TCC requires solar panels be installed.
Carver Carver provided detailed calculations on the number of units and placement for
Live/work units.
Barragan Barragan further described the uses in the live/work units which would be more of
an office/live work use.
Carver Carver also explained the State Density Bonus law allows for parking provisions
(i.e. tandem parking configuration).
Douthit Douthit also commented on the Density Bonus allowing tandem parking. He
asked if there was anything within the TCC that could prohibit tandem parking.
Willkom Willkom stated the TCC does not allow tandem parking. The applicant requested
that the City aLLow them to use the Density Bonus parking provision, which
specifically allows tandem parking.
Mello Mello asked if the proposed project would be Located along a major transit corridor.`- J
Agenda - Planning Commission Meeting - October 10, 2023 - Page 6
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Carver Carver confirmed the proposed project is located within proximity to a high -quality
transit corridor.
Higuchi Higuchi asked about the affordable housing in -lieu fee.
Carver Carver explained, in detail, how the in -Lieu fee was calculated.
7-48p.m. PUBLIC HEARING OPENED.
Karen Alves, City Ventures, also provided a Power Point presentation. During her
presentation, she answered the Commission's questions/concerns on the
foLLowing topics:
• The community will not be gated.
• Seventeen (17) total parking spaces on --site, which complies with TCC.
• Common area not gated and Located to the rear of the property.
• Highlighted the benefits of the project geared towards the DCCSP.
• Public amenity (plaza) area (seating, landscaping, no cost to the City and
maintained by the homeowner's association).
Hurt'ado Hurtado confirmed no public input received.
The Commission's closing questions/comments for the applicant generally
included: any development for the CaLTrans easement? WILL there be a gate for
CaLTrans access to and from the 5 Freeway? Concern with the possibility of
Loitering within the CaLTrans easement; requested staff ensures safety measures
are in place for the project site; What were the obligations of the applicant's
VoLuntary Workforce Housing Incentive Program? Does the developer "have" to
provide affordable housing on -site? The Commission would like to see
undergrounding electrical; concern with the in -Lieu fee; and if City Ventures would
build the projects or sell them.
City staff/Applicant's responses to the Commission's questions generally included:
there is no development for the CaLTrans easement which is to be maintained as
an easement for Caltrans access; there is no fencing/waLL for the CaLTrans access;
by not providing a fence/wall in that easement, it provides line of sight visibiLity
into that area to avoid any potential Loitering issues; the requirement for
underground utility Lines in the TCC needs to happen within the project boundary;
some of the overhead power Lines are Located within the public right-of-way
outside of the project boundary; the applicant is proposing to remove one (1)
electrical pole along the front of the project site entry along EL Camino Real; the
developer chose to use five (5) percent very -low and to pay the in -Lieu fee; two (2)
Agenda — Planning Commission Meeting — October 10, 2023 — Page 7
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affordable units "have" to be on -site; Ms. Alves stated that the affordable units
would be $154K (smaLLer unit) and $171K (larger unit) and the market rate units
will be starting at $800K; Ms. Alves stated they are gearing up to start they
construction process pending the outcome of this meeting; and City Ventures
intention is to build immediately.
6-07p.m. PUBLIC HEARING CLOSED
It was moved by Mello, seconded by Mason to approve the item, as amended.
Motion carried: 4-0-1.
None. REGULAR BUSINESS:
STAFF CONCERNS:
WiLLkom reminded the Commission of the upcoming 261h Annual Mayor's
Thanksgiving Breakfast, November 16, 2023.
COMMISSION CONCERNS:
Douthit Douthit wants to make sure the City is being thoughtful with the DCCSP and he'
Looks forward to hearing about the consultant's findings. Thanks to the City for
another great Tustin Tiller Days event.
Willkom Per WiLLkom, the consultant has completed their study and the final report will be
presented to the City Council, then the results will be provided to the Commission.
Mello Mello attended the HomeAid Gala and the House of Ruth was highlighted at the
ceremony
Mason Mason enjoyed the walking tour on September 26, 2023 and would Like to go more
often! Thanks to Staff!
Higuchi Favorable comments to City staff regarding the public hearing item.
8.10p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled forTuesday,
October 24, 2023.
Agenda — Planning Commission Meeting — October 10, 2023 — Page 8
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
JUSA L. WILLKOM
Ranning Commission Secretary
STEVE KOZX�
Chairperson
Agenda — Planning Commission Meeting — October 10, 2023 — Page 9
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
MINUTES
COUNCIL CH A A4BER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING,
OCTOBER 24,2023
7- 00 P. M� CALL TO ORDER
Given. INVOCATION: Kenneth J. Perine, Major - The Salvation Army Tustin Ranch
Given. PLEDGE OF ALLEGIANCE: Commissioner Me[Lo
Present ROLL CALL: Commissioners Douthit, Higuchi, Kozak, Mason, Mello
None. PUBLIC INPUT:
Approved CONSENT CALENDAR:
the October
10,2023
Meeting
AAntltes,
1. APPROVAL OF MEETING MINUTES -OCTOBER 10, 2023
MEMO] Z ffu Fd 11110 RV HeN k N1
That the Planning Commission approve the Minutes of the October 10, 2023
Planning Commission meeting, as provided.
Hurtado Hurtado confirmed there was no public input.
Motion.- It was moved by Mason, seconded by Higuchi, to approve the Minutes of the October
10, 2023 meeting, as presented. Motion carried: 5-0.
PUBLIC HEARING:
2. CONDITIONAL USE PERMIT (CUP) 2023-0008 AND DEVELOPMENT
AGREEMENT (DA) 2023-0001
PROPERTY OWNER: CITY OFTUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
Minutes — Planning Commission Meeting — October 24, 2023 — Page 1
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Douffiit Douthit asked if the Land is owned by the City of Tustin. He also asked how the Lease
agreement is drafted regarding the Leased space and if the entire Lot is Leased.
Craig In responseto Douthit's questions, Craig stated thatthe Lease space is a 10x10 square
foot area with the balance of the property belonging to the City. The idea was to
bring the billboard close to the property Line so that the remaining property, at such
time, could be developed. Currently the property Is set aside for the Newport Avenue
extension.
Mello Mello asked when the Newport Avenue extension is scheduled to occur.
Willkom In response to Mello's question, the Newport Avenue extension was included as part
of the Pacific Center East Specffic Plan (PCESP); however, the community and the City
Council determined that there is a higher need to compLete Tustin Ranch Road in
advance of the Newport Avenue extension, which was completed and as a result, the
Newport Avenue extension, may or may not be necessary. City staff will need to
conduct further studies of the PCESP to see if the Newport Avenue extension will
need to occur and the City would need to Look at the PCESP since it is outdated,
1<,Ozak Kozak asked Wi[Lkom if the studies have been scheduled and if so when would they
occur.
Wilikom In response to Kozak's question, Wi[Lkorn stated that currently a date has not yet been
scheduled for a study.
MaSO17 Mason asked if the City would benefit financially from this project and if there would
be any revenue from the billboard advertising or if the City would Lose revenue,
cr,3fg Per Craig, there is a Lease agreement that was approved by the City Council in
November 2022 which was conditional upon the applicant receiving the entitlements
which means no executed Lease agreement. Upon the effective date of the DA, then
that Lease agreement would be executed. The City would receive a portion of the
revenue generated from the billboard advertising. (approximately 90 days from the
effective date of the DA).
Doutl7lt Douthit asked about the lease of the entire property and when the signs would be
instaLLed/removed, etc. He asked about the State Legislation regarding city -owned
properties (vacant Lots) and affordable housing. He also asked about the 90, days to
remove the static billboards and if that timeline relative to the DA being approved
and signed or when the billboard is erected. Douthit also asked if there was any
intention to replace the static billboards with digital billboards of the three sites
Craig Per Craig, a portion surrounding the billboard belongs to the City. The City currently
has a (ease with one of Tustin's car dealers on a portion of the property, The City has
approximately four (4) acres (with 1 acre Leased out) and the idea is to move the
billboard to the front of the site (Newport Avenue) and whether or not the City does
Minutes -- Planning Commission Meeting — October 24, 2023 — Page 3
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Favorable comments tostaff for creating aisolution tothe aesthetic issues. Shared his
experience with driving past billboards and the lighting not being that bright, HiBudhi
v6ced his concern with the outdated Pacific Center East Specific Plan. He suggested
noticing beI.O0O-footradius and that additional noticing occur before the item goes
before the City Council,
IvYa/obnac6n Maldonado brief k/explained the CEO/\review process when the MNOwas first being
drafted for the ordinance, there wouLd have been an extensive pubLic outreach.
/40601z It was moved by Higuchi, seconded by Oouthitto approve Resolution No. 44801.
Motion passes 4-1. Ayes!: Douthit, Higuchi, Kozak and Mason. Noes: Mello.
N617e. REGULAR BUSINESS
STAFF CONCERNS:
N<116kown No concerns.
COMMISSION CONCERNS:
Comno±5S/iO1The Commission, collectively, had noconcerns.
K'ozak Kozak thanked Higuchi for covering him at the Last meeting when hie was ill,
7-36 ADJOURNMENT:
The next regular meeting VF the Planning Commission is scheduled for Tuesday,
November l4.2023.
Chairperson
AA J AU/'v-
Planning COMlDli5SiDR Secretary
Minutes — Planning Commission Meeting — October 24, 2023 — Page 5
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MINUTES
COUNCIL CNAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
DECEMBER 12, 2023
7:02 p.m. CALL TO ORDER.
Given. INVOCATION: Pastor Jorge Molina, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Chair Pro Tem Higuchi
All present. ROLL CALL: Chair Kozak
Chair Pro Tem Higuchi
Commissioners Douthit, Mason and Mello
Hurtado PUBLIC INPUT: Hurtado confirmed no public input was received.
Approved CONSENT CALENDAR:
the Minutes
of the
October 24,
2023
Planning
Commission
meeting.
1. APPROVAL OF MEETING MINUTES— OCTOBER 24, 2023
RECOMMENDATION:
That the Planning Commission approve the Minutes of the October 24, 2023
Planning Commission meeting, as provided.
Motion: It was moved by Mello, seconded by Mason, to approve the Minutes of the October 24,
2023 Planning Commission meeting. Motion carried 5-0.
Hurtado PUBLIC INPUT: Hurtado confirmed no public input was received.
None. PUBLIC HEARING.
REGULAR BUSINESS:
Approved 2. TUSTIN HISTORIC REGISTER PLAQUE NOMINATION: "GAYLORD HOUSE —
the 1929" — 520 PACIFIC STREET
nomination.
Minutes — Planning Commission Meeting — December 12, 2023 — Page 1
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APPLICANT/PROPERTY OWNER: Dana Tran and K. Wes Pellegrino
520 Pacific Street
Tustin, CA 92780
RECOMMENDATION:
Thatthe Planning Commission approve the nomination of 520 Pacific Streetto the
City's Historic Register Plaque Program and select "Gaylord House - 1929" as the
most appropriate historical name and 1929 as the date of construction of the
property.
Salman Presentation given.
Motion: It was moved by Douthit, seconded by Kozak, to nominate 520 Pacific Street to the City's
Historic Register Plaque Program and selected "Gaylord House — 1929" as the most
appropriate historical name and 1929 as the date of construction of the property. Motion
carried: 5-0.
Received & 3. HISTORIC PRESERVATION TRAINING —PART 3
filed.
This training is the last of three training sessions on historic preservation for 2023,
and satisfies the mandatory annual introductory training requirement for the
Planning Commission, acting as the Historic and Cultural Resources Advisor.
RECOMMENDATION:
That the Planning Commission receive and file the report.
Demkowicz Presentation and training provided to the Commission.
& Salman
Hurtado Hurtado confirmed no public comments received.
STAFF CONCERNS:
Willkom Willkom thanked staff and the Commission for all of their support throughout the year.
Special thanks to Carol, Raul, Joachim, (I.T.) Tyler (P&R), and Danny (Cable Services) for
their back -end support for all 2023 Planning Commission meetings.
COMMISSION CONCERNS:
Douthit No concerns.
Mason Mason thanked Willkom for her leadership, staff, and support staff for their hard work L
behind the scenes. Have a wonderful holiday season everyone!
Minutes — Planning Commission Meeting — December 12, 2023 -- Page 2
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Higuchi Hi uchi thanked VViKkorn and staff for aLL of their hard work and dedication throughout
the year. He mentioned the December 5. 2023 City Council meeting itemn: Downtown
Core and Redhii(Avenue Specific Plan Assessments.
Mello K4eU» also commended staff for their hard work during 2023. He abV echoed Higudhi's
previous comments regarding the City Council item.
VViRkon) VViiUkonnbriefyexplained tothe Commission the action taken hvthe City [munciionthe
OnvvntoVvn Core and Red HiO Avenue Specific Plans and the fo[(omv u9 items
recornmended by the Ad Hoc Committee.
Kozak Kozak aLso thanked WILLkom and staff for aLL of their hard work and dedication. He also
voiced his appreciation for the City Council. Happy holidays!
7A8p.nz A0OURNK4[NT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
December ZG^2O23.
Chairperson
JUS41NA L. WILLKOM
Planning Commission Secretary
Minutes — Planning Commission Meeting — December 12, 2023 — Page 3
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JANUARY 23, 2024
7.00p.m. CALL TO ORDER.
Given. INVOCATION: Pastor Jorge Motina, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Chair Kozak
All present ROLL CALL: Chair Kozak
Chair Pro Tem Higuchi
Commissioners Douthit. Mason, Mello.
Hurtaa'o PUBLIC INPUT: Hurtado confirmed no public input was received.
CONSENT CALENDAR:
Approved 1. APPROVAL OF MEETING MINUTES - DECEMBER 12, 2023
the
December
12, 2023 PC
meeting
minutes.
RECOMMENDATION:
That the Planning Commission approve the Minutes of the December 12, 2023
Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input was received.
Motion., It was moved by Mason, seconded by Mello, to approve the Minutes of the December
12, 2023 Planning Commission meeting. MOTION PASSED: 5-0
PUBLIC HEARING:
2. CONDITIONAL USE PERMIT 2022-0017 & DESIGN REVIEW 2023-0011
Adopted
APPLICANT:
Reso. No.
Jessica Steiner
4482, as
Bickel Group Architecture
provided.
3600 Birch Street, #120
Newport Beach, CA 92660
PROPERTY OWNER:
Bonaparte Liu, Managing Member
Tenants in Common: Red Hill Village
JBW Partners, LLC; Bodhi Metta, LLC
4340 Von Karman Avenue., Suite 390
Newport Beach, CA 92660
Minutes — Planning Commission Meeting -- January 23, 2024 — Page 1
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LOCATION: 14601 Red Hill Avenue
ENVIRONMENTAL STATUS:
This project Is Categorically Exempt (Class 32) pursuant to Section 15332 of
the California Environmental Quality Act.
REQUEST:
A request to demolish an existing restaurant with drive-thru facilities to
construct a new 3,600 square foot restaurant with drive-thru facilities on a
property located at 14601 Red Hill Avenue.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4482 approving
Conditional Use Permit (CUP) 2022-0017 and Design Review (DR) 2023-
0011 to authorize the demolition of an existing take-out restaurant with drive-
thru facilities to construct a new 3,600 square -foot take-out restaurant with
drive-thru facilities at the property located at 14601 Red Hill Avenue.
Mello For the record, Commissioner Mello recused himself, due to the proximity of his
residence to the project.
Ms Jessica Jessica Steiner, applicant, introduced herself to the Commission.
Steiner
Maldonado Presentation given.
Higuchi Higuchi had general questions on the following: noticing of the project; feedback from
the community; if any variances related to the Specific Plan guidelines; he questioned
the date differences (2022 for the CUP and 2023 for the Design Review); process
determining architectural style.
Maldonado Maldonado stated that the project was properly noticed and there was no feedback
from the community. There are no variances related to the Specific Plan guidelines.
Per the date differences, the project was initially submitted incomplete therefore the
full submitted came in 2023, hence the Design Review occurring in 2023. Per the
question regarding the architectural style, Maldonado stated it was a huge
collaboration between City staff and the applicant.
Kozak Kozak made favorable comments towards the applicant and City staff.
Mason Mason inquired on the drive-thru operating hours and whether or not McDonald's
drive-thru hours are the same as the former Burger King drive-thru operating hours,
due to the project proximity to surrounding the residential area.
Minutes — Planning Commission Meeting — January 23, 2024 — Page 2
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Maldonado Maldonado did not have Burger King's drive-thru operating hours on hand; therefore,
he could not respond to Mason's question.
Wiltkom In response to Mason's question, Willkom stated there are no regulations with the
limitation on the drive-thru hours, but there is a limit to the outdoor dining hours of
operation. For the outdoor dining, if the business abuts or is adjacent to residential,
the operating hours are limited to 10:00 p.m. Forthe drive-thru, the hours of operation
would be dependent upon the operator.
Douthit Douthit asked if the parcel is owned by the shopping center or if it is individually
parceled. He also mentioned the bike racks and there being no bike lanes on Red Hill
Avenue.
Maldonado Per Maldonado, the parcel has tenants in common (a number of owners) with a
managing member. The parcel is under a separate lease agreement. The bike racks
came from the Specific Plan and is a requirement
7-21 p.m. Opened the Public Hearing,
Hurtado Hurtado confirmed no public input received.
7-21 p.m. Closed the Public Hearing.
Ms. Jessica In response to Douthit's comment on the bike racks, Ms. Steiner referred to the current
Steiner California Green Building Code and the requirement of bike racks.
Douthit Douthit asked the applicant about enforcement within the outdoor dining area with
regards to loitering. He encouraged the applicantto consider placing a perimeter fence
in order to avoid any possible loitering issues. In support of the project.
Troy Troy Stevenson, on behalf of McDonald's, responded as follows: kudos to the City —
Stevenson collaborative approach with staff; there will be a manager on duty at all times; the
manager will be required to ask guests to leave the outdoor dining area at closing time.
Higuchi Higuchi's final comments generally included: in favor of the project; concern with non-
compliance with the TLSP, architectural design guidelines too broad.
Mason Mason made favorable comments regarding the project.
Kozak Kozak also made favorable comments regarding the project.
Motion.- It was moved by Higuchi, seconded by Douthit, to adopt Resolution No. 4482, as
provided. MOTION PASSED: 4-0-1. Mello abstained from the vote.
728p.m. Public Hearing re -opened due to a late request from Ms. Tina BLenz, resident of Tustin.
Minutes — Planning Commission Meeting -- January 23, 2024 — Page 3
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3. CODE AMENDMENT (CA) 2024-0001 (ORDINANCE NO. 1540) — CANNABIS
BUSINESSES AND ACTIVITY
Adopted Proposed CA 2024-0001 would update the TCC to ensure that it is not
Reso. No. inconsistent with the Medicinal Cannabis Patients' Right of Access Act, that
4481, as became effective on January 1, 2024.
amended.
ENVIRONMENTAL ANALYSIS;
The proposed CA 2024-0001 is not subject to the California Environmental
Quality Act (CEQA) pursuant to California Code of Regutations, Title 14,
Chapter 3, Sections 15060 (c) (2), as it can be seen with certainty that the
activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment, and 15060(c)(3), since the activity is not a project
as defined in Section 15378, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
RECOMMENDATION:
Thatthe Planning Commission adopt Resolution No. 4481, recommending that
the Tustin City Council adopt Draft Ordinance No. 1540, amending Tustin City
Code (TCC) Sections 3141, 3152, 9270, and 9297 related to the regulation of
cannabis businesses and activity within the City.
Daudt Presentation given. Daudt informed the Commission of minor amendments made to
Resolution No. 4481, which were already provided at the dais.
Mason Mason asked Daudt why we are not recognizing the use of recreational and medicinal
within the ordinance.
Daudt In response to Mason's previous question, Daudt stated the State legislation only
refers to delivery of medicinal cannabis.
Mello Mello asked about enforcement of the item.
Daudt Per Daudt, the State of California is the enforcement (i.e. monitoring businesses,
adhering to rules).
Douthit Douthit asked if the State is aware of what Tustin allows/does not allow. He was not
in favor of cannabis in the City and he did not want anyone to misinterpret his vote.
Willkom In response to Douthit's question, Willkom stated that the State is aware of what
Tustin allows/does not allow. The State typically emails the City's liaison to ensure
the City of Tustin is following code.
Daudt Per Daudt, the State's regulations keep businesses compliant with State regulations.
Minutes — Planning Commission Meeting —January 23, 2024 — Page 4
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Higuchi Higuchi asked if the Tustin Police Department (TPD) has ever apprehended anyone
delivering marijuana in the City. He also referred SB 1186 and asked what the
consequence would be if the City kept current code "as is".
Willkom Willkom was unaware if TPD had ever apprehended anyone from delivering marijuana
in the City. That information would need to be obtained from TPD.
Daudt In response to Higuchi's question regarding SB 1186, he cited a section from SB 1186
to the Commission.
Mason Mason shared her view on cannabis delivery and she was in support of the item.
Mello Mello was in favor of the item and he made favorable comments towards staff's
efforts.
Kozak Kozak voiced his concern with the. current cannabis abuse in California.
Hurtado Hurtado confirmed no public input received.
Motian.- It was moved by Mason, seconded by Mello, to adopt Resolution No. 4481, as
amended. MOTION PASSED: 4-1: Ayes Douthit, Kozak, Mason, Mello. Noes
Higuchi.
REGULAR BUSINESS:
4. OLD TOWN TUSTIN HISTORIC VIRTUAL WALKING TOUR
Received& The Community Development Department is pleased to present a new
filed interactive resource to the community, the Old Town Tustin Historic Virtual
Walking Tour. The walking tour was created to promote interest in historic
preservation in Tustin, and to generate new excitement around the City's rich
history.
RECOMMENDATION:
It is recommended that the Planning Commission receive and file the report.
DiL.eva Presentation given.
Mr. Brian Sjoberg, Tustin Preservation Conservancy, was in attendance and spoke on
his partnership with City staff regarding the walking tour.
Mason Mason commended DiLeva on her efforts with this project. She recommended the
integration of the walking tour app along with the Engage Tustin mobile app and the
potential partnership with the Chamber of Commerce.
Minutes -- Planning Commission Meeting -- January 23, 2024 — Page 5
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HIjUC17i Higuchi asked DiLeva if the virtual walking tour was developed in-house or by a third
party. He recommended DiLeva incorporate pictures of HueLL Howser, in the virtual
walking tour, visiting Tustin.
DILeva DiLeva stated the virtual, walking tour was done, via the GIS story map and designed
by the City's Administrative Intern, Aaron Vane.
1<'ozak Kozak received and filed the report.
STAFF CONCERNS:
Willk-om WiLLkom gave kudos to staff with the creation of the virtual walking tour. She also
reminded the Commission of the Planning Directors Association — O.C. Forum on
February 2, 2024.
None. COMMISSION CONCERNS.
830p, m, ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
February 13, 2024
STEVE KOZAK
Chairperson
J. T T�N L. WILLKOM
Commission Secretary
P L at). nT�� ,, TLc:
Minutes — Planning Commission Meeting — January 23, 2024 — Page 6
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
FEBRUARY 13, 2024
7.00 CALL TO ORDER: 7:00 p.m.
Given. INVOCATION: Kenneth J. Perine, Major, The Salvation Army Orange County Area
Command
Given. PLEDGE OF ALLEGIANCE: Commissioner Douthit
All present. ROLL CALL: Commissioners Douthit, Higuchi, Kozak, Mason, Mello
Hurtado PUBLIC INPUT: Mr. Brady Darvin (Zoom)
Mr. Brady Mr. Darvin stated he would wait to ask questions until Item No. 2 was presentation.
Darvin
CONSENT CALENDAR:
Approved the 1. APPROVAL OF MEETING MINUTES — JANUARY 23, 2024
January 23,
2024 meeting
minutes
RECOMMENDATION:
That the Planning Commission approve the Minutes of the January 23, 2024
Planning Commission meeting, as provided.
Hurtado Hurtado confirmed no public input was received.
Motion.- It was moved by Higuchi, seconded by Mello, to approve the Minutes of the January
23, 2024 Planning Commission meeting. Motion passed: 5-0.
PUBLIC HEARING:
2. CONDITIONAL USE PERMIT 2023-0018 & DESIGN REVIEW 2023-0029
Continued item APPLICANT:
PROPERTY OWNER:
to March 12, Brian De La Ree
Ali Shah Tazerouni
2024 meeting. DISH Wireless
Irvine Law Center, LLC
7545 Irvine Center Dr., Suite 250
1352 Irvine Blvd.
Irvine, CA 92618
Tustin, CA 92780
Minutes -- Planning Commission Meeting — February 13, 2024 — Page 1
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LOCATION: 1352 Irvine Boulevard, Tustin
ENVIRONMENTAL STATUS:
This project is Categorically exempt pursuant to the California Environmental
Quality Act (CEQA) Section 15303 (Class 3).
REQUEST:
A request to co -locate a new major wireless facility located on the rooftop of
an existing commercial building located at 1352 Irvine Boulevard. this request
includes the installation of wireless antennas and other communication
infrastructure located behind a new cupola that will be designed and painted
to match the existing building.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4483 approving
Conditional Use Permit (CUP) 2023-0018 and Design Review (DR) 2023-
0029, which is a request to co -locate a new major wireless facility located on
the rooftop of an existing commercial building located at 1352 Irvine
Boulevard.
Wong Presentation given.
Discussion Discussion regarding the item was held among the Commission, staff and applicant.
Applicant Mr. Brian De La Ree, applicant, provided background information on the proposed
project, to the Commission. He also explained, in detail, the meaning of co -location,
and that there is no concern of emissions (i.e. from the antennas).
Commission The Commission's concerns generally included: the height of the cupola; number of
windows in the cupola; emissions from the antennas and the surrounding residential
area; school on the project site; noticing of the proposed project; FCC criteria; and
aesthetics, renderings provided in the staff report.
Eastman Eastman clarified the number of windows, per the proposal, would be four.
Applicant The proposed project site does have a music school within the building, as well as a
school next door to the proposed project site.
Barragan Per Barragan, the project was noticed to all property owners/tenants within 300 feet
of the proposed project site. L-_
Minutes - Planning Commission Meeting - February 13, 2024 - Page 2
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Eaesbnan Eastman informed the Commission, they had the op6on of continuing the item due to
the comments previously mentioned.
ApplIcant K4r. De La Ree was in agreement with staff regarding continuing the item to a date
/406017.Itvvasmoved bwMason, seconded hvUigu[hi,tocontinue the item toMarch lZ.2O24.
Motion passed: 4-1 with Douthit dissenting.
None REGULARBUS8NESS:
STAFF CONCERNS:
EaStMan Eastman reminded the Commission of an email sent previousLy by Hurtado regarding
an upcoming Commissioners workshop (March).
COMMISS11ON CONCERNS:
815P.rn. ADJOURNMENT:
The next regular meeting of the Planning [onnnn�ssion is scheduled for Tuesday,
February 27.2824
Chairperson
Planning Commission Secretary
Minutes — Planning Commission Meeting — February 13.2O24—Page 3
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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:
Spencer and Mr. and Mrs. Jordan voiced concern with an accessory dwelling unit currently
Trina Jordan under construction adjacent to his residence (address not provided).
Curtis Arhiso 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
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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.
Jara Presentation given.
Minutes — Planning Commission Meeting — February 27, 2024 — Page 2
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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.
Jara 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 flexibility with 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
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
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
consideration.
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
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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
G PAR and the Tustin Legacy MMRPto 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 Council's 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 brought forward 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
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Kozak Kozak thanked his fe[Low Commissioners for their input on the agenda items and
he thanked staff for the agenda items.
8-28p.rn. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, March 12, 2024.
'STEVE KOZAK
Chairperson
JUSTI .. A L. 1W8LLKOM
Planning Commission Secretary
Unutes — Planning Commiss�on Meeting — February 27, 20124 — Page 6
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MARCH 12, 2024
7.•00p.m. CALLED TO ORDER.
Given. PLEDGE OF ALLEGIANCE: Commissioner Mello
All present. ROLL CALL.
PUBLIC INPUT:
Spencer Mr. Jordan voiced his concern with an accessory dwelling unit (ADU) currently under
Jordan construction adjacent to his residence (address not provided). He requested a meeting
with the Planner and Building Official to discuss the construction of the ADU.
Ms Hasti Hasti (last name unknown), UC Irvine student studying urban regional planning, joined
(via Zoom) via Zoom. She expressed interest in "shadowing program opportunities" regarding
urban planning (an e-Comment card was not fiLed).
Approved the CONSENT CALENDAR:
Consent
Calendar, as
presented.
1. APPROVAL OF MEETING MINUTES - FEBRUARY 27, 2024
RECOMMENDATION:
That the PLanning Commission approve the Minutes of the February 27, 2024
Planning Commission meeting, as provided.
2. CONDITIONAL USE PERMIT 2023-0018 & DESIGN REVIEW 2023-0029 -
CONTINUED FROM THE FEBRUARY 13, 2024 PLANNING COMMISSION
MEETING
APPLICANT:
Brian De La Ree
Dish Wireless
7545 Irvine Center Dr., Suite 250
Irvine, CA 92618
LOCATION: 1352 Irvine Boulevard
PROPERTY OWNER:
Ali Shah Tazerouni
Irvine Law Center, LLC
1352 Irvine Blvd.
Tustin, CA 92780
Agenda - Planning Commission Meeting - March 12, 2024 - Page 1
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
ENVIRONMENTAL STATUS;
This project is Categorically Exempt pursuant to the California Environmental
Quality Act (CEQA) Section 15303 (Class 3).
REQUEST:
Withdrawal of a requestto co -locate a new wireless facility on the rooftop of an
existing commercial building located at 1352 Irvine Boulevard.
The applicant has withdrawn the CUP and DR applications, and will submit
construction plans directly to the Building Division, The City will determine
conformance with the FCC regulations during the building permit plan check
review process.
Motion.• It was moved by Douthit, seconded by Mason, to approve the Consent Calendar, as
presented. Motion carried 5-0.
None. PUBLIC HEARING
REGULAR BUSINESS:
3. 2023 YEAR IN REVIEW- COMMUNITY DEVELOPMENT DEPARTMENT
SUMMARY:
The 2023 Year in Review summarizes Community Development Department's
programs and activities conducted from January through December 2023,
RECOMMENDATION:
It is recommended that the Planning Commission receive and file the report.
Maldonado Presentation given.
Douthit Douthit commended staff on their hard work over the past year. His
comments/questions generally included: follow up on the digital billboard approval,
development agreement updates; and status of the March G, 2024 Scoping Meeting and
the public's concerns with the Enderle Center.
Eastman Eastman's comments generally included: brief update and purpose of the City's Scoping
Meetings as well as the purpose of the Environmental Impact Report (EIR); the program
came from the implementation of the Housing Element that was adopted/certified in
2022 and is a State mandated program; the public's comments/concerns to be
addressed during the EIR process (i.e. what should be studied from an environmental
Agenda - Planning Commission Meeting - March 12, 2024 - Page 2
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Eastman perspective); and to accommodate housing should a developer wish to develop housing
at one of the project sites.
Mason Mason commended City staff on the many completed projects, especially to WiLLkom's
Leadership. She asked if there was a recording made of the March 6, 2024 Scoping
Meeting.
Eastman In response to Mason's question, Eastman stated that the Scoping Meeting was not
recorded. City staff has asked the public who participate in the meetings to provide any
written comments (via email, mail, City's webpage) since this is a data gathering effort
to see what the public and public agencies would like the City to evaluate.
Higuchi Higuchi thanked staff for the summary of projects completed during 2023. With regard
to the Performance Matrix - he suggested Staff show the difference in the former and
current properties assessed values.
Mello Mello commended Maldonado on the Year in Review. He inquired on the construction
taking place on the Irvine side of the Market Place and was the City notified of that
scoping meeting. Mello asked if the City of Irvine's information would be incorporated
into the Scoping Meeting taking place on March 13, 2024.
Willkom In response to McLLo's questions, WLlkom stated that the City of Irvine's Scoping
Meeting has already taken place. The City of Irvine was invited to participate at the
March 13, 2024 Scoping Meeting and The Irvine Company projectthat is currently under
construction is included in the cumulative project list.
STAFF CONCERNS;
Willkom WiLLkom thanked Staff for all of their hard work in 2023. She also thanked the
Commission for their support. New updates included: City Council authorized City staff
to submit the General Plan Annual Report and Housing Element Progress Report to
HCD and the Office of the OPR, which was transmitted earlier that day; the City Council
approved a temporary suspension of the Affordable Housing In -Lieu fee and they also
directed staff to revisit the voLuntaryworkforce housing (Economic Devetopmentto lead
this effort).
COMMISSION CONCERNS:
Douthit Douthit commended Higuchi for speaking up at the last City Council meeting with
regards to suspending the affordable housing in -lieu fees.
Mason Mason asked City staff for the best form of action with regards to the comments made
during the Public Input portion of the meeting.
Agenda - Planning Commission Meeting - March 12, 2024 - Page 3
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Willkom Willkom again reminded the Commission that when there is public input on an issue not
on the agenda, there should be no discussion at all. She will direct Staff to reach outto r
Mr. Jordan to discuss his concerns.
Daudt Daudt reminded the Commission of the protocol if and when disruptive behavior hinders
the order of conduct during a Planning Commission meeting.
Mello Mello asked Daudt for clarity on disruptive behavior when someone directs comments
to the audience instead of the Commission.
Daudt Daudt confirmed Mello's statementthat if a person, during public input, decides to direct
questions/comments to the audience, the Chair must inform the person to direct all
comments to the Commissioners only.
Higuchi Higuchi also asked Staff to reach out to Spencer Jordan to help address his concerns.
7.•53p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
March 26, 2024.
Tanner Douthit
Chairperson Pro Tem
JUS NA L. WILLKOM
Planning Commission Secretary
Agenda — Planning Commission Meeting -- March 12, 2024 — Page 4
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MINUTES
COUNCIL CHAMBER& VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MARCH 26,2024
7'00)0.M. CALLED TO ORDER.
Given. PLEDGE OF ALLEGIANCE: Chair Kozak
1. PLANNING COMMISSION REORGANIZATION 2024
In accordance with the Planning Commission Policies and Procedures,
adopted on April 13, 2021, the Planning Commission reorganizes
around April of each year by appointing a new Chairperson and
Chairperson Pro Tem.
j WE TO I TU rx IN FRINA, t "02 1
That the Planning Commission elect a Chairperson and Chairperson Pro
Tem in accordance with the procedures outlined in the Planning
Commission Policies and Procedures.
Kozak Kozak opened nominations for Chairperson.
Motion.- Mello nominated Higuchi as Chairperson. Seconded by Kozak. Motion carried
4-0-1 with Higuchi being absent.
Kozak Kozak opened nominations for Chairperson Pro Tem.
Motion. Mason nominated Douthit as Chairperson Pro Tem. Seconded by Mello. Motion
carried 4-0-1 with Higuchi being absent.
Nominations closed. Commission changed seating.
ROLL CALL: Chair Pro Tem Douthit
Commissioners Kozak, Mason, Mello
Absent Chairperson Higuchi
Hurtado Hurtado confirmed no public input received.
Minutes — Planning Commission Meeting -- March 26, 2624 — Page 1
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Approved the
Consent
Calendar, as
presented
Con t1n ue o' the
item
indefinitely.
CONSENT CALENDAR.
Hurtado confirmed no public input received.
2. APPROVAL OF MEETING MINUTES —MARCH 12,2024
RECOMMENDATION:
That the Planning Commission approve the Minutes of the March, 12,
2024 Planning Commission meeting, as provided.
3. DEVELOPMENT AGREEMENT (DA) 2024-0001
APPLICANT:
CITY OF TUSTIN (PARKS & REC.)
300 CENTENNIAL WAY
TUSTIN, CA 92780
SUMMARY:
APPLICANTLPROPERTY-OWNER:
THE IRVINE COMPANY
550 NEWPORT CENTER DRIVE
NEWPORT BEACH, CA 92660
Development Agreement (DA) 2024-0001 is a request to amend DA
2014-001, modifying the terms by which the Tustin Community Center
at The Market Place (Tustin) is utilized, including the amount of the
reimbursed costs.
On February 20, 2024, The Irvine Company submitted a request to
continue the public hearing to the March 26, 2024 Planning Commission
meeting, to allow time to refine the amendments to DA 2014-0001,
Recently, The Irvine Company requested that the project be continued
indefinitely as they work through issues and terms contained within, the
existing D�A with City staff.
FPITCKSINZ'��
That the Planning Commission continue the DA 2024-0001 public
hearing item indefinitely.
Motion.- it was moved by Mason, seconded by Kozak, to approve the Consent Calendar,
as presented. Motion carried: 4-0-1.
Minutes — Pianning Commission Meeting — March 26, 2024 — Page 2
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N.1001WEIMISS1114111=3
Approved the 4. 2022-2023 CERTIFIED LOCAL GOVERNMENT (CLG) ANNUAL
recommended REPORT; 2023 HISTORIC AND CULTURAL RESOURCES ADVISOR
action. (HCRA) ANNUAL REPORT, AND 2024 HCRA WORK PROGRAM
AND DRAFT PROCLAMATION FOR DESIGNATION OF HISTORIC
PRESERVATION WEEK
6*191 My I My Y—A1 saffid
This report summarizes the City of Tustin's Certified Local, Government
(CLG) Annual. Report for the reporting period of October 1, 2022
through September 30, 2023; the 2023 HCRA Annual. Report - Goals
and Accomplishments; the 2024 Work Program; and a
recommendation that the City Council proclaim one week in May of
each year as Historic Preservation Week. Following approval by the
Planning Commission, acting as the HCRA, the CLG Annual, Report
wil.l be first transmitted to the City Council to receive and file and then
to the State Office of Historic Preservation (OHP).
RECOMMENDATION:
Staff recommends that the Planning Commission, in its capacity as the
HCRA, approve the 2022-2023 Certified Local. Government (CLG)
Annual, Report and direct staff to forward the Annual. Report to the
City Council to receive and file. Staff also recommends that the
Planning Commission receive and file the 2023 HCRA Annual. Report
- Goals and Accomplishments, adopt the 2024 HCRA Work Program,
and recommend that the City Council, proclaim one week in May of
each year as Historic Preservation Week.
Salman Presentation given.
Willkom WiLLkom commended the Commission for their input over the prior years. She
provided additional background to the Commission regarding possible activities
during Historic Preservation Week, to include the Old Town Walking Tour.
A46110 Mello asked Staff about the public workshops during Historic Preservation
week and how they would be advertised to engage Tustin residents.
Minutes — Planning Commission Meeting — March 26, 2024 — Page 3
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
willkom In response to MeLLo's, previous question, WiLLkom stated Staff is currently
working on plans for Historic Preservation Week (i.e. collaboration with the
Tustin Historical. Museum joint workshops), social media, City website, Tustin
Conservancy website, etc.) to create public awareness about the Historic
Preservation, Week events.
Douthit Douthit asked what the proposed dates would be for Historic Preservation
Week. He suggested plaque nominations or historic significant items to be
included on the Planning Commission agenda for that week.
salman In response to Douthit's previous question, SaLman stated this year's proposed
1
Historic Preservation week would occur May 7t' through May 14h .
Alas -on Mason mentioned the recent passing of Margaret Pottenger who was a
significant member of Tustin,. She also suggested a formal invitation to the
groups the City will be collaborating with and engaging the public to participate
in Historic Week (i.e. possible booth at the Tustin Tiller Days in order to get the
word out for next year's Historic Preservation Week).
kluftado No public input received.
Alotion: It was moved by Kozak, seconded by Mason to approve the recommended
action. Motion carried: 4-0-1.
STAFF CONCERNS:
Wilikom WiLLkorn reported the following items to the Commission: Zoning Administrator
(ZA) items approved earlier on March 26, 2024: CUP for World Racing at the
District and ABC License (beer and wine) at the Tustin, Legacy Village (Ootero
Bar, LLC); OC Business Journal's List of shopping centers ranked by taxable sales
in Orange County (the Market Place ranked 41 Place; the District ranked 5`
Place); on April 1st both Public Works and the Building Division will test a new
pilot program (E-Reviews). The new software will allow staff to accept online
applications for various permit processing (i.e. electronically upload
documents/plans without the need to come into City Hall).
COMMISSION CONCERNS:
lk'ozak Kozak did not have any comments.
mason Mason thanked staff for updates on the approved ZA items.
Minutes — Planning Commission Meeting — March 26, 2024 — Page 4
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Douthlt Douthit had favorable comments regarding the World Racing ZA item. He also
asked for any updates on the remaining Scoping Meetings which took place on
March 131, and March 20".
Eastman Eastman provided updates on the remaining Scoping Meetings to the
Commission.
738,o.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, April 9, 2024.
ERIC HIGU6� 11
Chairperson
JU-C6AA L. WILLKOM
Planning Commission Secretary
Minutes — Planning Commission Meeting -- March 26, 2024 — Page 5
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
ivoaLM7ilj041010I6 . ,
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 29,23-0012 AUTHORIZING THE ESTABLISHMENT
OF A COMMERCIAL RECREATION FACILITY (KARAOKE
LOUNGE) WITH FOOD AND ONSITE SALE AND
CONSUMPTION OF BEER, WINE, AND DISTILLED SPIRITS
(TYPE 47 ABC LICENSE) AT 2493 PARK AVENUE.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A, That a proper application for Conditional Use Permit (CUP) 2023-
9912 was filed by Marilyn Mo on behalf of MM Interior Design,
requesting authorization to establish a commercial recreation facility
(karaoke lounge) with food and onsite sale and consumption (on -sale)
of beer„ wine, and distilled spirits (Type 47 ABC license) at 2493 Park
Avenue.
B. That the subject property is located within Planning Area (PA) 13-19
of the Tustin Legacy Specific Plan (SP-1) and has a General Plan
land use designation of SP-1.
C. That pursuant to Section 3.14.3 of SP-1, a CUP is required prior to
establishment of a commercial recreation facility (karaoke lounge)
and alcoholic beverage sales establishments. Tustin City Code (TCC),
Section 9291 grants the Planning Commission the authority to
consider and act on requests for a CUP.
D. That pursuant to TCC Section 9299, the Zoning Administrator has the
authority to consider and act on CUP applications for alcoholic
beverage sales establishments but has deferred decision making
authority to the Planning Commission to be considered concurrently
with the commercial recreation facility (karaoke lounge).
E. That a public hearing was duly called, noticed, and held for CUP
2023-0912 on April 23, 2024, by the Planning Commission.
F. That in determining whether to approve the CUP, the Planning
Commission finds that the establishment, maintenance, and
operation of the proposed uses will not, under the circumstances of
this case, be detrimental to the health, safety, morals, comfort, or
general welfare of the persons residing or working in the
neighborhood of such proposed use, nor be injurious or detrimental
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Resdution No. 4486
CUP 2023-0012
Page 2
to the property and improvements in the neighborhood of the subject
property, or to the general welfare of the City of Tustin, in that:
PA 16-19 of SP-1 allows for a variety of retail, commercial, and
service -oriented business activities serving a regional and
community -wide area and population.
2. As conditioned, the proposed on -sale of alcohol in conjunction with
a food establishment shall comply with the Alcoholic Beverage
Sales Establishment Guidelines as adopted by the Planning
Commission on March 13, 20,18, and TCC Section 9271(dd).
3. As conditioned, the on -sale of alcoholic beverages would operate in
conjunction with a food establishment use where food prepared
onsite will be served at all times that alcoholic beverages are sold
andl served.
4. The proposed commercial recreation facility (karaoke lounge) and
food establishment uses are located within a retail shopping center
where a variety of retail and other food establishments are located.
As conditioned, the characteristics of the proposed uses and hours
of operation would be similar to other similar establishments in the
City.
5. An amended joint use parking study for The District was submitted
evaluating the parking demand of all existing and proposed uses
onsite and found that the existing number of parking spaces (4,833
spaces provided) is sufficient to accommodate all uses at peak
periods (4,727 spaces required).
6. The Tustin Police Department has reviewed the application and has
no concerns as conditioned.
G. That the operational characteristics and features of the facility such as
the hours of operation and onsite security are appropriate for the
location and type of use proposed in relation to surrounding residential
areas, sensitive uses such as places of worship, parks, schools,
hospitals, clinics, convalescent homes, and other similar uses selling
or serving alcoholic beverages,
1. As conditioned, business operations, including hours of operation,
would be conducted in a manner which does not create a public or
private nuisance.
2. As conditioned, the owner or manager of the licensed premises
would maintain a written security policy and procedures manual on
the premises. The security policy would identify individuals who are
responsible for the premises.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Resolution No. 4486
CUP 2023-0012
Page 3
3. The on -sale of alcoholic beverages would be in conjunction with a
karaoke lounge with food establishment where food prepared
onsite will be served at all: times that alcoholic beverages are
served.
4. The proposed karaoke lounge with, food establishment is located
within a commercial center where a variety of retail, restaurant, and
service uses are located. The applicant requests to operate
Sunday through Saturday from 11:00 a.m. to 2:00 a.m. These
hours are consistent with the characteristics of other karaoke uses
in the City.
5. That the project site is oriented towards the interior of a commercial
center and located more than 1,000 feet from the nearest
residential use.
H. That the development of an establishment selling alcoholic beverages
shall be consistent with the General Plan and Zoning Code.
I. That although the proposed establishment is located within an
overconcentrated area of alcoholic beverage sales licenses, the sale
of alcoholic beverages would not have a negative impact on the
community in that:
The proposed sale of alcoholic beverages is in conjunction with the
establishment of a commercial recreation facility (karaoke lounge)
with food establishment.
2. The Tustin Police Department has reviewed the application and
has no immediate concerns as the subject property does not have
a high crime rate. As conditioned, the owner or manager of the
licensed premises would maintain a written security policy and
procedures manual on the premises.
3. The California Department of Alcoholic Beverage Control (ABC)
has confirmed that Census Tract No. 755.18, where the project is
located, currently has 12 on -sale licenses. The proposed on -site
alcoholic beverage sales within a food establishment will not
contribute negatively to the alcohol establishments in Census Tract
No. 755.18 in that the business would add to the diversity of uses
within this area and shall be required to comply with ABC's license
restrictions and the proposed conditions of approval.
J. That the project has been reviewed for consistency with the Air
Quality Sub -element of the City of Tustin General Plan and has been
determined to be consistent with the Air Quality Sub -element.
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Resolution No. 4486
CUP 2023-0012
Page 4
K. That this project is Categorically Exempt pursuant to Section 15301
(Class 1 — Existing Facilities) of the California Code of Regulations,
(Guidelines for the California Environmental Quality Act),.
The Planning Commission hereby approves CUP 2023-0012 authorizing
the establishment of a commercial recreation facility (karaoke lounge) with
food and onsite sale and consumption, of beer, wine, and distilled spirits
(Type 47 ABC license) at 2493 Park Avenue, subject to the conditions
contained within Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 23 rd day of April, 2024.
ERIC HIGUC,, I
Chairperson
JUVINA L. WILLIKOM
Planning Commission Secretary
MICHAEL DAb-DT`-
Assistant City Attorney
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Resdution No. 4486
CUP 2023-0012
Page 5
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4486 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of
April, 2024.
PLANNING COMMISSIONER AYES:.
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSA L. WILLKOM
Planning Commission: Secretary
Exhibit A: Conditions of Approval
Higuchi, Kozak, Masopt, Mello (4)
Douthit (1)
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
GENERAL
EXHIBIT A
CONDITIONAL USE PERMIT 2023-0012
CONDITIONS OF APPROVAL
2493 PARK AVENUE
The proposed use shall substantially conform to the project description and
submitted plans for the project date stamped April 23, 2024, on file with the
Community Development Department, except as herein modified, or as
modified by the Community Development Director in accordance with this
Exhibit. The Community Development Director may also approve minor
modifications during plan check if such modifications are to be consistentwith
the provisions of the Tustin City Code (TCC) and other applicable codes.
(1) 1.2 This approval shall become null and void unless the use is established within
twelve (12) months of the date of this Exhibit. Time extensions may be
granted if a written request and associated fee are received by the
Community Development. Department within thirty (30) days prior to
expiration.
(1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the Community
Development Department.
(1) 1 A Approval of Conditional Use Kermit (CUP) 2023-0012 is contingent upon the
applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk -
Recorder a "Notice of Discretionary Permit Approval and Conditions of
Approval" form. The forms shall be established by the Community
Development Director, and evidence of recordation shall be provided to the
Community Development Department.
(1) 1.5 Any transfer of ownership of the establishment and/or operator shall require
the new owner and/or operator to sign and return an "Agreement to
Conditions Imposed" form provided by the Community Development. Failure
to do so would be a basis for revocation proceeding.
(1) 1.6 As a condition of approval of CUP 2023-0012, the applicant and property
owner shall agree, at its sole cost and expense, to defend, indemnify, and
holdharmless the City„ its officers, employees, agents, and consultants, from
any claim, action, or proceeding brought by a third party against the City, its
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODEfS (7') PC/CC POLICY
(4) DESIGN REVIEW ***'EXCEPTION
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Exhibit A - Conditions of Approval
CUP 2023-0012
April 23, 2024
Page 2
officers, agents, and employees, which seeks to attack, set aside, challenge,
void, or annul an approval of the City Council, the Planning Commission, or
any other decision -making body, including staff, concerning this project. The
City agrees to promptly notify the applicant and/or property owner of any such
claim or action filed against the City and to fully cooperate in the defense of
any such action. The City may, at its sole cost and expense, elect to
participate in the defense of any such action under this condition.
1.7 Any violation of any of the conditions imposed is subject to issuance of an
Administrative Citation pursuant to TCC Section 11 62(a).
(1) 1.8 The applicant and/or property owner shall be responsible for costs
associated with any necessary code enforcement action, including attorneys
fees, subject to the applicable notice, hearing, and appeal process as
established by the City Council by ordinance.
(1) 1.9 CUP 2023-0012 may be reviewed at any time by the Community
Development Director. The Community Development Director shall review
the use to ascertain compliance with conditions of approval. If the use is
not operated in accordance with CUP 2023-001i2 or is found to be a nuisance
or negative impacts are affecting the surrounding tenants or area, the
Community Development Director may impose additional conditions to
eliminate the nuisance or negative impacts or may initiate proceedings to
revoke, the CUP.
(1) 1.10 The applicant shall obtain the appropriate license from the State Department
of Alcoholic Beverage Control (ABC) for the type of alcoholic sales authorized
for the site (Type 47). A copy shall be provided to the City prior to final
inspection. Any violations of the regulations of the State Department of ABC
as they pertain to the subject location, or of the City of Tustin, as they relate
to the sale of alcoholic beverages, may result in the revocation of the subject
CUP, as provided for in the TCC.
USE RESTRICTIONS
(1) 2.1 This approval authorizes a commercial recreation facility (karaoke lounge)
with food establishment and a Type 47 ABC License (on -site sales of beer,
wine, and distilled spirits). No room or area within the business shall be used
or rented for purposes other than karaoke entertainment and food and
beverage consumption. The proposed on -site consumption of beer, wine,
and distilled spirits must be consistent with the State Department of ABC
requirements. Any changes to, the ABC License shall be reviewed and
approved by the Community Development Director.
(1) 2.2 The applicant shall obtain the appropriate license from ABC for the type of
alcoholic sales authorized for the site. A copy shall be provided to the City
prior to operating the alcoholic sales,
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Exhbt A - Conditions of Approval
CUP 2023-0012
April 23, 2024
Page 3
(1) 2.3 Hours of operation shall be as follows unless otherwise modified with the
approval of the Community Development Director in compliance with the
City's Alcoholic Beverage Sales Establishment Guidelines
Every Day (Sun -Sat)
Food establishment
11 a.m. to 2 a.m.
with alcohol sales
(last call for alcohol sales
at 12 a.m.)
Karaoke
11 a.m, to 2 a.m.
(1) 2.4 Any modifications to the approved operations or floor plan are subject to
review and approval by the Community Development Director, or their
designee, prior to implementation. Major modifications to either may require
requesting approval of a new CUP as determined by staff.
(1) 2.6 A minimum of two (2) security guards shall be on -site during operating hours,
with as many as four (4) security guards provided at maximum occupancy. If
there is a marked or noticeable increase in the number of police related
incidents on or near the premises, as such increase may be determined by
the Chief of Police, the applicant may be required to increase the minimum
number of State -licensed, uniformed security guards to a number determined
by the Chief of Police.
2.6 All karaoke rooms shall maintain non -locking door hardware and a minimum
24-inch by 24-inch clear glass window for visibility into each room from the
central hallway.
2.7 Surveillance cameras shall be installed and operated in good working order
at the entrances and exits to the business, bar area, hallways, within every
room, and outside of the bathrooms. The applicant is required to maintain a
continuous record of the last 90 days' footage at all times and must be
prepared to provide this footage to the Police Department upon, request. The
location of such cameras shall be identified on building plans prior to
issuance of a building permit.
2.8 The front desk shall be equipped with a "kill switch" kept in good working
order that turns on all lights and turns off all music and TVs in the
establishment. This switch must be made available to police officers, code
enforcement officers, or other representatives of the City of Tustin or other
regulatory/emergency agencies upon request.
2.9 Illumination levels within each karaoke room shall be sufficient to see inside
the room through the glass window at the door. Light switches are not
permitted within the karaoke rooms and instead, lighting shall be centrally
controlled by the operating staff.
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Exhibit A - Conditions of Approval
CUP 2023-0012
April 23, 2024
Page 4
(1) 2.10 The tenant space shall be soundproofed and volume maintained at
appropriate levels such as to comply with the City's Noise Ordinance
standards for both interior and exterior noise levels. Doors to the business
shall remain closed at all times during operational hours.
(1) 2.11 Should the bona fide public eating place cease to operate for any reason
while the karaoke business continues to operate, the sale of alcoholic
beverages shall cease immediately and authorization for oni-site alcohol
consumption shall be revoked.
(1) 2.12 Food must be served whenever the privileges of the on -sale alcohol
license(s) are being exercised. The menu of the food establishment shall
consist of foods prepared on the premises.
(1) 2.13 All managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods
and skills for selling alcoholic beverages. The ABC must approve said
training program. Records of each employee's successful completion of the
certified training program required by this section shall be maintained on the
premises of the alcoholic beverage sales establishment and shall be
presented upon request by a representative of the City of Tustin.
2.14 The applicant, or an employee of the licensee, must be present to monitor all
areas of the establishment during all times that alcoholic beverages are being
served or consumed.
(1) 2.15 The applicant shall, at all times, utilize an age verification means or device
for all purchases of alcoholic beverages. Such verification of age is not
intended to discriminate against patrons based on race, ethnicity, or legal
status, but only to comply with State law restricting the sale of alcohol to those
twenty-one (21) years of age and older.
2.16 Employees and contract security personnel shall not consume any alcoholic
beverages during their work shift, except for product sampling for purposes
of employee education about new products. Under no circumstances may
contract security personnel consume alcoholic beverages during their work
shift.
(1) 2.17 All alcohol shall be consumed on -site, with, the exception of the provisions
stated in Business and Professions Code Sections 23396.,5, and 23401,
2.18 There shall be no fixed bar or lounge area upon the premises maintained for
the sole purpose of sales, service, or consumption of alcoholic beverages
directly to patrons. The proposed fixed bar and lounge are permitted and!
must offer a selection of food to customers whenever the privilege of the on -
sale alcohol license is being exercised,.
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Exhibit A - Conditions of Approval
CUP 2023-0012
April 23, 2024
Page 5
(1) 2.19 A live entertainment permit is not required for karaoke singers. However, a
live entertainment permit must be obtained if entertainment is proposed to
occur by persons or via equipment not specifically exempted in TCC 3235,
(1) 2.20 There shall be no special events sponsored by or involving an outside
promoter or any other person other than, the applicant and/or property owner.
The building may not be sublet to a separate business or promoter or person
other than the applicant and/or property owner.
(1) 2.21 In the event that there is queuing line, the business owner, or his designee,
shall be responsible for monitoring the queuing lines at all times, No food or
beverages shall be consumed while in queuing lines. The outdoor queuing
line shall not block public walkways or obstruct the entry or exit doors of
adjacent businesses.
(1) 2.22 There shall be no requirement for patrons to purchase a minimum number of
alcoholic drinks.
(1) 2.23 Games or contests requiring or involving consumption of alcoholic beverages
shall be prohibited.
(1) 2.24 Any pool tables, amusement machines or video games maintained on the
premises at any time must be, reviewed and approved in a security plan
submitted to the Community Development Department and the Tustin Police
Department (TPD), prior to their establishment..
(1) 2.25 Business operations shall be conducted in a manner that does not create a
public or private nuisance, Any such nuisance must be abated immediately
upon notice by the City of Tustin.
(1) 2.26 The owner or manager of the licensed premises shall maintain, on the
premises, a written security policy and procedures manual, which have been
approved by the TPD, addressing, at a minimum, the following items:
1) Identify individuals, who are responsible for the premises. The list
shall include contact information such as name, address, phone
number, etc. and the list shall be current and accurate.
2) Procedures for handling obviously intoxicated persons.
3) The method for establishing a reasonable ratio of employees to
patrons, based upon activity level, in order to ensure adequate
staffing levels to monitor beverage sales and patron behavior.
4) Procedures for handling patrons involved in fighting, arguing, or
loitering about the building, and/or in the immediate adjacent area
that is owned, leased, rented, or used under agreement by the
licensee(s).
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Exhibit A - Conditions of Approval
CUP 2023-0012
April 23, 2024
Page 6
5) Procedures for verifying the age of patrons for purposes of alcohol
sales.
6) Procedures for ensuring that servers monitor patrons to ensure that
their drinking limit/potential intoxication is not exceeded. This
procedure should include a description of the procedure the server
would use to warn, or refuse to serve, the patron.
7) Procedures for calling the TPD regarding observed or reported
criminal activity.
8) Procedures for management of queuing lines.
9) The location and description of any video games proposed to be on
the premises.
(1) 2.27 There shall be no window coverings or advertisements that reduce the
visibility inside of the business.
(1) 2.28 All signs shall comply with the Tustin Sign Code and the following:
1 ) There shall be no exterior advertising directed to the exterior from,
within, promoting or indicating the availability of alcoholic
beverages. No interior displays of alcoholic beverages or signs
which are clearly visible to the exterior.
2) Permissible window displays must be kept to a minimum for
maximum visibility and shall not exceed twenty-five (25) percent of
window coverage.
3) The applicant shall post a "NO LOITERING" sign prohibiting loitering
on the exterior of the premises.
4) Signs shall be posted in a conspicuous space at all entrances/exits
of the premises which shall state, "NO ALCOHOLIC BEVERAGES
BEYOND THIS POINT."
(1) 2.29 Any graffiti painted or marked upon the premises, or any adjacent area under
control of the property owner or the business, shall be removed or painted
within twenty-four (24) hours of being applied.
(1) 2.30 All litter shall be removed from the exterior areas around the premises,
including public sidewalk areas and parking areas, no less frequently than
once each day that the business is open.
(1) 2.31 No sexually oriented businesses shall be conducted on the premises without
approval by the City of Tustin in accordance with the TCC.
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Exhibit A - Conditions of Approval
CUP 2023-0012
April 23, 2024.
Page 7
(1) 2.32 The on -site sales and consumption of beer, wine, and distilled spirits shall be
restricted to the indoor tenant space area. No alcohol nor food shall be
consumed in the outdoor dining area adjacent to District Drive.
(1) 2.33 The gross annual sales of food should exceed the sale of alcohol. The gross
annual sales receipts shall be provided to the Community Development
Department annually upon request. To verify that the gross annual sale of
food exceeds the gross annual alcohol sales, an audited financial statement
shall be provided for review and approval by the Community Development
Director upon request. If the audited financial statement demonstrates that
the sale of alcohol exceeds the sale of food, the Community Development
Director if the sane of alcoholic beverages shall cease immediately.
** 2.34 No amusement devices other than karaoke machines, including but not
limited to video dames, shall be permitted.
2.35 Prior to occupancy, the applicant shall obtain all applicable permits and
inspections from the City of Tustin and the Change County Health Care
Agency for the commercial kitchen and food preparation.
(1) 3.1 The applicant must obtain a sign permit from the Building Division prior to
installing proposed signage. Signage shall comply with The District Master
Sign Program.
PLANSUBMITTAL
** 4.1 Prior to building permit issuance, construction plans must include and
identify the location of surveillance cameras as discussed in Condition 2.7
above.
(1) 5.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP)
1) The applicant/contractor is required to submit a WRRP to the Public
Works Department. The WRRP must indicate how the applicant will
comply with the City°s requirement (City Code Section 4351, et al) to
recycle at least sixty-five (65) percent of the project waste material or
the amount required by the California Green Building Standards
Code.
2) The applicant will be required to submit a fifty dollar ($501.00)
application fee and a cash security deposit. Based on the review of
the submitted Waste Management Plan, the cash security deposit in
the amount of five (5) percent of the project°s valuation as determined
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Exhibit A - Conditions of Approval
CUP 2023-0012
April 23, 2024
Page 8
by the Building Official, rounded to the nearest thousand. The deposit
amount will be collected in accordance with the Tustin City Code.
3) Prior to issuance of'any permit, the applicant shall submit the required
security deposit in, the form of cash, cashier's check, personal check,
or money order made payable to the "City of Tustin".
FEES
(1) 6.1 Within forty-eight (48) hours of approval of the subject project, the applicant
shall deliver to the Community Development Department, a cashier's check
payable to the ORANGE COUNTY CLERK -RECORDER in the amount of
fifty dollars ($50.00) to enable the City to file the appropriate environmental
documentation, for the project. If within such forty-eight (48) hour period the
applicant has not delivered to the Community Development Department the
above -noted check, the statute of limitations for any interested party to
challenge the environmental determination under the provisions of the
California Environmental Quality Act could be significantly lengthened.
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
APRIL 23, 2024
7.-02p.m. CALLED TO ORDER.
Given. PLEDGE OF ALLEGIANCE: Chairperson Higuchi
Present. ROLL CALL: Commissioners Mello, Kozak, Mason
Chair Higuchi
Absent. Chair Pro Tern Douthit
Higuchi Higuchi thanked his fellow Commissioners for appointing him as Chairperson
of the Planning Commission.
PUBLIC INPUT:
Hurtado Hurtado confirmed no public input received.
Approved the CONSENT CALENDAR:
Consent
Calendar, as
presented.
Hurtado Hurtado confirmed no public input received.
1. APPROVAL OF MEETING MINUTES— MARCH 26, 2024
RECOMMENDATION:
That the Planning Commission approve the Minutes of the March 26,
2024 Planning Commission meeting, as provided.
Motion: It was moved by Mello, seconded by Kozak, to approve the Minutes of the
March 26, 2024 Planning Commission meeting. Motion carried: 4-0-1.
Minutes — Planning Commission Meeting — April 23, 2024 — Page 1
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PUBLIC HEARING:
AdoptedReso. 2. CONDITIONAL USE PERMIT (CUP) 2023-0012
No. 4486
APPLICANT: PROPERTY OWNER:
Marilyn Mo Vestar/Kimco Tustin, L.P.
MM Interior Design 2437 Park Avenue
178 Ladera Street Tustin, CA 92782
Monterey Park, CA 91754
LOCATION: 2493 Park Avenue
ENVIRONMENTAL STATUS:
This project is categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Section 15301 (Class 1).
REQUEST:
To establish a commercial recreation facility (Karaoke Lounge) with
food establishment and on -site sale and consumption of beer, wine,
and distilled spirits (Type 47 ABC License) located at 2493 Park
Avenue.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4486 approving
CUP 2023-0012 to establish a commercial recreation facility (karaoke
Lounge) with food establishment and on -site sales and consumption of
beer, wine, and distilled spirits (Type 47 ABC license) at 2493 Park
Avenue.
Higuchi Higuchi asked his fellow Commissioners if any ex parte to disclose. There was
none.
Maldonado Presentation given.
Applicant The applicants, Arthur Zhang, business operator, and designer Marilyn Mo
commended Maldonado with the project, as well as the presentation. Mr.
Zhang also shared his goal and vision for this new project.
Kozak Kozak asked Mr. Zhang if he was operating any other karaoke lounges.
Minutes — Planning Commission Meeting — April 23, 2024 — Page 2
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Applicant Mr. Zhang stated that this project is their first karaoke lounge. They also
operate food/restaurant businesses.
Mason Mason asked about the frontage facing the walkway and if a digital screen
would be installed.
Applicant Per Mr. Zhang, the building is the former Union Market and the existing screen
will be utilized to feature advertisements and potential sports games via
streaming.
Higuchi Higuchi asked Maldonado if the former Union Market CUP was rescinded.
Maldonado Maldonado stated he was not aware if the former CUP was rescinded or
withdrawn.
Mello Mello asked Maldonado about the November 151 parking study and if the
study included the new restaurant uses proposed within the same building.
He also asked if the parking study was District wide or if it applied to only a
portion of the District.
Maldonado Maldonado confirmed the parking study did include the new restaurant uses.
This project was submitted first and then there were subsequent projects
submitted after and were approved prior to this project being approved. A
newer parking study (November 15th) was provided at a later time, in
association with another project. Maldonado added that the parking study is
for the entire District commercial center.
Higuchi Higuchi asked Maldonado if this CUP application was originally submitted
under World of Racing.
Maldonado In response to Higuchi's question, this CUP application was not submitted
under World of Racing. That project is a completely separate tenant space
and business (two separate submittals, two separate projects).
Hurtado Hurtado confirmed no public input was received.
Commission The Commission collectively commended the applicant for their karaoke
Lounge concept.
Motion; It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4486,
as presented. Motion carried: 4-0-1.
Minutes — Planning Commission Meeting — April 23, 2024 — Page 3
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REGULAR BUSINESS:
Received and 3. TUSTIN HISTORIC PRESERVATION WEEK: MAY 7 - 14, 2024
filed.
The Community Development Department is excited to announce
the upcoming inaugural Historic Preservation Week celebration that
will take place from May 7 to May 14, 2024. The celebration will
include a series of in -person events and fascinating fun facts about
the City of Tustin's history.
RECOMMENDATION:
It is recommended that the Planning Commission receive and file this
report.
DiLeva, A presentation was given.
Salman &
Demko wicz
Willkom Willkom commended City staff as well as the collaboration with the Tustin
Historical Society and the Tustin Preservation Conservancy. She also
thanked the Commission for their support.
Kozak Kozak asked if the Historic Preservation Week information was passed
along to Tustin Unified School District (TUSD) for the children.
Salman Salman confirmed the Historic Preservation Week information was shared
with TUSD.
Mason Mason also commended City staff for their hard work on this project.
Congratulations!!! She asked if Community Services Commission could be
involved in the future.
Higuchi Higuchi asked if there will be a meeting on May 14, 2024. He also asked
who will be leading the cemetery tour. Higuchi asked for a summary of
Margaret Pottenger.
Willkom Willkom stated that the Walking Tour will be in -lieu of the regular Planning
Commission meeting on May 14, 2024.
Salman The cemetery tour would be led by Donna Marsh Peery of the Historical
Society.
Minutes - Planning Commission Meeting - April 23, 2024 - Page 4
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Demkowicz In response to Higuchi's previous question, Demkowicz provided
background information, regarding Mrs. Pottenger, and how she was a
significant contributor to historic preservation efforts within the City and
with the Historical Society. She also was the former owner of the
Jabberwocky.
Pete Beatty Mr. Pete Beatty, Tustin Historical Society, thanked City staff for their hard
work on this project. He provided background information on the control
tower (handouts were provided to the Commission). Mr. Beatty also
mentioned a passible museum at the MCAS in the future.
Brian Delahaut Mr. Brian Delahaut also spoke on preserving the remaining hangar.
Mello Mello thanked the gentlemen for their military service and others who spoke
during the public input of Item No. 3.
Richard Nelson Richard Nelson, made favorable comments with regards to Historic
Preservation Week. He echoed comments previously made by Mr. Beatty
and Mr. Delahaut. Mr. Nelson also thanked Mr. Beatty for his comments
regarding saving the control tower. The goal is to memorialize the hangars
and the marine presence in Tustin.
Hurtado Hurtado confirmed no public input received.
Hiquchi Higuchi loved the enthusiasm from Demkowicz, DiLeva and Salman on
Historic Preservation. He also shared his comments with regards to the
hangars and with preserving the Legacy.
STAFF CONCERNS:
Willkom Willkom reminded Staff of the Tustin's Mayor Celebration, May 9th at 5:30
p.m.
Eastman Eastman provided updates on the DCCSP and RHASP reassessment project.
Plans are to return to the Commission in June with findings related to potential
reductions in residential parking standards as well as modifying private
storage area requirements. In the Fall, Staff will come back to the Commission
with an assessment related to height limitations within the Specific Plans;
modification of land uses allowed, including the ground floor retail
requirements; and potentially revising retail and mixed -use parking standards.
In the Winter, staff will return to the Commission with a recommendation to
remove the RAR requirements once the Objective Design Standards are in
place, which are being prepared as part of the Housing Element Rezone
Program.
Minutes — Planning Commission Meeting — April 23, 2024 — Page 5
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COMMISSION CONCERNS:
Meilo Mello thanked City staff for all of their hard work. He voiced his concern with
tree removal at Centennial Park.
Kozak Kozak stated today is the first day of Passover. He also wished Staff a Happy
Administrative Professionals Day.
Mason No concerns.
Miqucl7i Higuchi thanked WILLkom and Eastman for the updates shared with the
Commission regarding Last week's City Council meeting. Orange County
Community Foundation "Giving Day" on April 24t". Please donate to your
favorite charity.
7.-57p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, May 14, 2024.
ERIC HIGUC
Chairperson
JUSTI A :ILLKOM
PlanIngmission Secretary
Minutes — planning Commission Meeting — April 23, 2024 — Page 6
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ACTION MINUTES
SPECIAL MEETING
TUSTIN PLANNING COMMISSION
MAY 14, 2024
4:00 P.M. TO 5:00 P.M.
SPECIAL MEETING
WALKING TOUR OF OLD TOWN TUSTIN
DEPARTING FROM El CAMINO REAL AND MAIN STREET
*TOUR DESTINATIONS
1. 401 El Camino Real (Cox Market Plaza) - began at 4:02 p.m.
2. 150 E. Main Street (Young American Salon & Old Town Flooring) - 4:15 PM
3. 150 E. Main Street (Agricultural Weir) - 4:30 PM
4. Mini Museum (Cox Market Plaza behind Centro Restaurant) - 4:45 PM
5. 401 El Camino Real (Cox Market Plaza) - 5:15 PM
*ArrivaVdeparture times are approximate
Meeting convened at 4:02 p.m. with City staff's welcome and introductions.
Chair Higuchi opened the Special Meeting and asked if there were any public
comments, which there were none.
Hurtado conducted the roll call.
Present: Douthit, Higuchi and Mello
Absent: Kozak, Mason
Agenda Item: Community Development Director, Justina Willkom clarified that the
meeting was intended to highlight the Cox Market Plaza. The Walking Tour also
furthers the Planning Commissioners training as Historic and Cultural Advisors, as
required under the California Office of Historic Preservations' Certified Local
Government program.
Donna Marsh Peery, Tustin Area Historical Society and Mr. Brian Sjoberg, Tustin
Preservation Conservancy, led the walking tour.
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Action Minutes — Old Town Tustin Walking Tour
May 14, 2024
Page 2
City staff: Justina Willkom (Community Development Director), Jay Eastman
(Assistant Community Development Director), Raymond Barragan
(Principal Planner), Erica Demkowicz (Senior Planner), Samantha Beier,
(Senior Planner), Mary Salman (Assistant Planner), Adrianne DiLeva
(Management Analyst II), Aaron Valle (Administrative Intern), and Vera
Hurtado (Executive Assistant).
A total of 26 attendees participated in the walking tour.
Adjournment: 5:15 p.m.
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
MAY 28, 2024
7-00p.m. CALL TO ORDER.
Given. PLEDGE OF ALLEGIANCE: Chair Pro Tern Douthit
Present ROLL CALL: Chair Higuchi
Chair Pro Tern Douthit
Commissioners Mason and Mello
Absent Commissioner Kozak
PUBLIC INPUT:
Mr. Todd Mr. Todd Smith, resident of Orange, voiced concerns with the upcoming development
Smith the Orange Heights Master Plan (formerly Santiago Hills Phase ll) in the City of
Orange, near Jamboree Road and Chapman Avenue. He expressed concern for traffic
impacts to Jamboree Road. Mr. Smith spoke about his concerns to Tustin's Traffic
Engineer shortly before her retirement. He suggested coordination among the City
of Irvine, City of Tustin, and The Irvine Company.
Approved CONSENT CALENDAR;
the Consent
Calendar, as
presented.
Hurtado Hurtado confirmed no public input received.
1. APPROVAL OF MEETING MINUTES — APRIL 23, 2024
RECOMMENDATION:
That the Planning Commission approve the Minutes of the April 23, 2024
Planning Commission meeting, as provided.
2. APPROVAL OF SPECIAL MEETING MINUTES — OLD TOWN WALKING
TOUR
Minutes — Planning Commission Meeting — May 28, 2024 — Page 1
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RECOMMENDATION:
That the Planning Commission approve the Minutes of the May 14, 2024
Walking Tour of Old Town Tustin, as provided.
3. FISCAL YEAR 2024-2025 CAPITAL IMPROVEMENT PROGRAM FINDING
OF CONFORMANCE WITH THE GENERAL PLAN
Under Section 65401 of the California Government Code, the Planning
Commission is to review the list of proposed public works projects
recommended for planning, initiation or construction during the ensuing
year and report to the City Council as to conformity with the General Plan.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4488 finding the
proposed FY 2024-2025 Capital Improvement Program in conformance
with the General Plan pursuant to Section 65401 of the California
Government Code.
Higuchi Higuchi commended staff on the successful Old Town Walking Tour.
Motion: It was moved by Mason, seconded by Mello, to approve the Consent Calendar, as
presented. Motion carried 3-0-2. Chair Pro Tem Douthit abstained from the vote.
Commissioner Kozak had an excused absence.
PUBLIC HEARING:
Adopted 4. CONDITIONAL USE PERMIT (CUP) 2023-0016 & DESIGN REVIEW (DR)
Reso. No. 2023-0028
4487,, as
amended
APPLICANT:
Hannibal Petrossi
Petrossi & Associates, Inc.
1001 Dove Street, Suite 290
Newport Beach, CA 92660
LOCATION: 14982 Prospect Avenue
PROPERTY OWNER:
VGPT, LLC
c/o Olympia Capital Corporation
William Jager
P.O. Box 1003
Garden Grove, CA 92842-1.003
Minutes - Planning Commission Meeting -- May 28, 2024 - Page 2
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
ENVIRONMENTAL STATUS:
This project is Categorically Exempt (Class 3) pursuant to Section 15303 of
the California Environmental Quality Act (CEQA).
REQUEST:
A request -to demolish a vacant auto service station and construct a new 1,413
square foot drive-thru restaurant with an outdoor dining area and other site
improvements at 14982 Prospect Avenue.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4487 approving CUP
2023-0016 and DR 2023-0028 to authorize a request to demolish a vacant
auto service station and construct a new 1,413 square foot drive-thru
restaurant with an outdoor dining area and other site improvements at 14982
Prospect Avenue.
Higuchi Higuchi asked the Commission if they wished to disclose any ex parte contacts
regarding the Public Hearing item. None were disclosed.
Salman Presentation given.
Applicant,• Mr. Hannibal Petrossi addressed the Commission and commended City staff for their
assistance with the project.
Mason Mason's comments generally included: she is pleased the vacant lot could be filled
by Popeyes; she had concerns with cars making a left turn exit; she questioned if cars
in drive--thru would stack onto Prospect Avenue; and she asked if there is a possibility
of removing some parking spaces to create more space for the project.
Salman In response to Mason's concerns, Salman stated the project plans were previously
reviewed/approved by the City's Public Works Department and Tustin Police
Department, and they did not have any issues with the project plans. She stated the
Condition of Approval No. 1.9 was added in the event an issue with the left turn exit.
Barragan Barragan referred to Condition of Approval No. 2.6, and reiterated the amendment to
Condition of Approval No. 1.9, which would require the user to place signs which
state, "no Left turn" and "right turn only". Additional conversations were had with
Public Works regarding the left turn exit, which is a permitted movement in the
project area. Barragan stated that staff would monitor the project site over time to
ensure the turn movements are not a hazard; but if the Commission preferred, staff
could modify the proposed condition to limit the exit driveway to "right turn only".
Minutes — Planning Commission Meeting --- May 28, 2024 — Page 3
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Eastman Eastman added, the reason Public Works did not have an issue with a left turn exit is
because the drive way is pushed back approximately 45 feet from First Street; the
intersection has a split -phase signal so that there is not cross traffic both ways on
Prospect Avenue; Prospect Avenue traffic volume is not particularly high; and the
proposed building is set back from Prospect, providing a line of sight at the
intersection. He stated that Engineering (PW) did not have concerns with the left
turn, but if an issue arises, the City will address it by prohibiting left turn (right turn
only exits). in response to Commissioner Mason's question, he stated that it is
potentially possible to remove some of the parking if there was a need to create more
stacking for the drive-thru. He also clarified that the amount of queuing provided is
significantly more than what the Code requires.
Mello Mello inquired about the pedestrian circulation path from the parking spaces to the
walk-up window. He also asked if there is a dedicated sidewalk from Space 1
through 6 to the ADA area, and asked if one could be created. He also had concerns
regarding Left turns from the exit, but felt staff addressed his concerns well.
Salman Salman described the site plan to answer Mello's previous questions.
Eastman Eastman confirmed there is not a dedicated walkway path for pedestrians from
parking spaces 1 through 6. In response to the added walkway, he indicated that City
staff would need to work with the applicant to ensure the project would meet
Landscaping requirements.
Salman Salman confirmed she will Look into the walkway and Landscaping requirements.
Applicant Mr. Petrossi stated there is a possibility of adding a walkway, but that they would
have to take away from the landscape. Currently, the required landscape guidelines
are at a minimum.
Eastman Eastman stated staff could work with the applicant on some design solutions.
Douthit Douthit inquired as to the location of the nearest street parking near the project site;
he had concerns with lack of walkability and bike -ability, as he did not think the
walkabiLity and visibility from the sidewalk coincides with the DCCSP; he expressed
his desire to maintain safe streets; and he thinks the intersection will be busy due to
Popeyes popularity. Douthit thanked the applicant for investing in Tustin.
Salman In response to Douthit's question, Salman mentioned possible public parking options
on First Street, but was not sure if there were more options.
Higuchi Higuchi asked the applicant when Popeyes intends to open.
Minutes -- Planning Commission Meeting — May 28, 2024 -- Page 4
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Applicant Per the applicant, if the Commission approved the project they would be submitting
to the Building Division next. He said there is no phasing. Once permits are issued,
demolition and grading would begin in approximately four months.
Hurtado Hurtado confirmed no public input received.
Mason Mason stated her support of the project as long as Condition of Approval No. 1.9
shows more specificity and there is an alternate plan if the exit is right turn only.
Higuchi Higuchi supported the project. He stated he is in favor of doubting the Length of the
stacking; he thinks that exceeding the parking requirements is good; liked that the
curb cut on First Street would be removed; and he liked that Popeyes fronts onto First
Street; he shared the same traffic concerns as his fellow Commissioners. Higuchi
suggested that staff should start accounting for DoorDash or food delivery/pick up in
the future.
Motion.- It was moved by Mello, seconded by Douthit, to adopt Resolution No. 4487, as
amended by staffs revisions to Condition 1.9. Motion carried 4-0-1.
Adopted 5. DESIGN REVIEW (DR) 2023-0009
Reso. Nos
4489 &
4490, as
provided.
APPLICANT/PROPERTY OWNER:
Centurion Plaza LLC
Attn: Mike Moshayedi
1 Rim Ridge
Newport Coast, CA 92657
LOCATION: 15621,15641 and 15661 Red Hill Avenue (APN: 430-233-19)
REQUEST:
A request to demolish three existing office buildings and one parking structure
to construct two new industrial buildings including a 49,552 square foot
building (Building 1) and a 93,372 square foot building (Building 2) on
approximately 6.17 acres located at 15621, 15641, and 15661 Red HILL
Avenue.
Minutes -- Planning Commission Meeting — May 28, 2024 — Page 5
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ENVIRONMENTAL:
A Mitigated Negative Declaration (MND) has been prepared in accordance
with the provisions of the California Environmental Quality Act (CEQA) Article
6 of California Code of Regulations, Title 14, Chapter 5.
RECOMMENDATION:
That the Planning Commission:
1. Adopt Resolution No. 4489 finding the MND adequate for DR 2022-0009
for the proposed project at 15621, 15641, and 15661 Red Hill Avenue.
2. Adopt Resolution No. 4490 approving DR 2022-0009 for site layout and
building design of two new industrial warehouse buildings on
approximately 6.17 acres located at 15621, 15641, and 15661 Red Hill
Avenue.
Carver Presentation given.
Eastman Eastman notified the Commission that this item was originally listed as a "Public
Hearing" item on the agenda, when it should have been listed under "Regular
Business". The project was correctly noticed. The corrected agenda was added to
the public record.
Applicant Mr. Kevin Moshayedi, representative of the item, shared background information
regarding the item to the Commission.
Masan In response to Mr. Moshayedi's presentation, Mason asked if the building would be
Leased, and to which tech companies would it be leased to, specifically Amazon and
heavy trucking companies. Commissioner Mason expressed concern with traffic; she
asked about the zoning of the undeveloped land across the street; and what would
be constructed on that undeveloped land.
Carver The undeveloped land, across the street from the project is in the Tustin Legacy, and
it is designated as the Advanced Technology Education Park (ATEP), which will have
institutional uses along Red Hill Avenue. Carver stated that the properties around
the project are zoned Planned Community Industrial.
Barragan Barragan added that one building is under construction, immediately adjacent to the
project site, and another building was just completed as a warehouse building.
Minutes — Planning Commission Meeting — May 28, 2024 — Page 6
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Applicant Mr. Moshayedi shared different types of companies that could lease the proposed
project site, and gave an example of Rivian, an automotive company pushing
technological development, and Al companies.
Douthit Douthit asked staff if it is standard for the Commission to review MNDs within a
Design Review.
Eastman In response to Douthit's question, Eastman stated that whenever there is a
discretionary project under California law, staff reviews it against CEQA. An MND is
an indication that there are potential impacts, but the impacts can be mitigated to
where there is no possibility of significant impacts.
Higuchi Higuchi asked if a traffic study had been completed forthe project site and if the traffic
volume would be lower, higher or equal.
Barragan 5arragan confirmed a traffic study was conducted and the traffic count would be
Lower on daily trips. This is because the previous use was office, which generated
approximately 1,510 daily trips. This project was analyzed as a high -cube industrial
use. The proposed project, as a high intensity project, would generate approximately
746 net daily trips.
Mason Mason asked if, per the parking study, the study was based on office space, and
expected people walking in and out of the office space, not product transportation.
Eastman Eastman responded to Mason's question by clarifying that the traffic study is based
on vehicle trips. When there is an office use there are more cars coming and going;
when there is an industrial use, there may be more trucks frequenting the warehouse,
but less vehicles coming and going at peak hours and throughoutthe day. He clarified
that the traffic study converted truck trips to "passenger vehicle equivalents", in that
the study considers that trucks are bigger, take up more space, and drive slower.
Therefore, the traffic study did evaluate the difference between passengers and
trucks as it relates to the impact on the streets.
Douthit Douthit asked if there is a City ordinance stating hours semi -trucks or large tractor
trailers are allowed on Red Hill Avenue.
Eastman Eastman was not aware of any City ordinance establishing a truck route program.
Hurtado Hurtado confirmed no public input received.
Douthit Douthit commended the applicant for his investment in the City of Tustin. He
questioned if the highest and best use for the Red Hill Corridor is light industrial,
clarifying that properties to the south are larger footprint residential opportunity. He
Minutes -- Planning Commission Meeting — May 28, 2024 — Page 7
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Douthit suggested the City take a took at the zoning along the Red Hill Corridor for
opportunity to bring in other potentiaL uses other than light industrial or office.
Higuchi Higuchi agreed with Commissioner Douthit's comments about highest and best use
and thinks the City should take another Look at the Pacific Center East Specific Ptan
and the Red Hill Corridor. He was in favor of eliminating the additional. curb cut on
Red HILL Avenue and liked the proposed architecture. He thought the warehouse
would complement the potentiaL high tech uses going into ATEP. He expressed
concern that the MND process was applied to this project, as it is just another cost
and hurdle for the developer. He thought the City could have done a negative
declaration or an exemption.
Motion. It was moved by Douthit, seconded by Mason, to adopt Resolution Nos. 4489 and
4490, as provided. Motion carried 4--0-1.
None REGULAR BUSINESS
STAFF CONCERNS:
Eastman Eastman did not have any concerns.
COMMISSION CONCERNS:
Mello McLLO did not have any concerns. He made favorable comments regarding the Old J
Town Walking Tour on May 14, 2024, Mello recognized the faLLen veterans and
Memorial Day. He also mentioned Fleet Week in Los Angeles.
Mason Mason received a flyer in the mail regarding the re -zoning of Enderle Center. She
asked staff to describe the rezoning effortto clear up any confusion or misinformation.
Eastman Eastman stated that the City has a webpage dedicated to the Housing Element re-
zoning program, where the public can get accurate information regarding the three
housing sites undergoing rezoning. He clarified that there is no proposed
development project, and thatthe proposal is just a re -zoning to implementthe City's
Housing Element. He described State housing laws, how the law is implemented
through the adoption of the Housing Element and State mandated rezoning and
provided a status of the City's rezoning efforts.
Douthit Douthit mentioned Tustin's upcoming Chili Cook -off on Sunday, June 2, 2024, He
also made favorable comments regarding the OLd Town Walking Tour.
Minutes -- Planning Commission Meeting -- May 28, 2024 — Page 8
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Higuchi Higuchi also mentioned Tustin's Chili Cook -off. He shared with the Commission that
an ENA with The Irvine Company was approved for a parcel. of Land on, the former
MCAS for a multi -family project. He added that the City is currently under a budget
review process. Higuchi suggested staff provide updates during Staff Concerns on
any Land use issues related to Tustin, especially pertaining to the Tustin Legacy.
am=
The next regular meeting of the Planning Commission is scheduled for Tuesday,
June 11, 2024,
44 d-
ERIC HIGUCHI(-/
NES=
JUST L. WILLKOM
Nanning Commission Secretary
Minutes — Planning Commission Meeting — May 28, 2024 — Page 9
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JUNE 25, 2024
7VOP.M. CALLED TO ORDER
Given. PLEDGE OF ALLEGIANCE: Commissioner Mason
All present: ROLL CALL: Commissioners Douthit, Higuchi, Kozak, Mason, Mello
PUBLIC INPUT:
Jan Scott& Both Jan and John provided a one -page document coverings the concerns they are
John Haertle having with their homeowner's association (i.e. garage and street parking). Higuchi
informed both Jan and John that their concerns would be made part of the public
record.
M,5. Lana Ms. Clay joined via Zoom. She Lives in Columbus Square and informed the
Clay Commission of the Committee of neighbors (Greenwood, Columbus Square, Tustin
Fields) who have come together to conduct a survey (which, went Live today) and
the purpose of the survey is to ask for public input regarding parcel 18, specifically
the South Hangar. The survey was designed to ask general questions about the
reuse of the hangar and North Tower. The goal is to Link the efforts among the
Veterans group, the Commission and the Committee. She stated she was not the
Leader of this Committee but that there are two Leaders.
Approved CONSENT CALENDAR:
the Consent
Calendar, as
presented.
1. APPROVAL OF MEETING MINUTES— MAY 28,2024
RECOMMENDATION:
That the Planning Commission approve the Minutes of the May 28, 2024
Planning Commission meeting, as provided.
Hultado Hurtado confirmed no public input received.
Motion; It was moved by Mello, seconded by Kozak, to approve the Consent Calendar, as
presented. Motion carried: 5-0.
Minutes — Planning Commission Meeting — June 25, 2024 — Page I
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None. PUBLIC HEARING
REGULAR BUSINESS:
Received & 2. SUMMARY OF TUSTIN HISTORIC PRESERVATION WEEK: MAY 7 — 14,
filed 2024
On March 26, 2024„ the Tustin Planning Commission adopted the 2024
Historic and Cultural. Resources Advisor (HCRA) Work Program. One of
the goals contained within the Work Program was the creation and
establishment of a City-wide Historic Preservation Week that would take
place annually over one week during the month of May. City staff will
provide a summary of the City's first Historic Preservation week that took
place during May 7 — 14, 2024.
RECOMMENDATION:
That the Planning Commission receive and file the item.
DiL e va Presentation given.
Donna A4 Donna commended the City and staff for their partnership with Historic
pe'll-Y Preservation Week and she looks forward to continuing this event for years to
come.
Brian Brian echoed Donna's sentiments and he also thanked City staff for their efforts
Sjoberg with Historic Preservation week. He Looks forward to future endeavors with the
City.
Rick Nelson Dr. NieLson, President of thie THS, also thanked the, City for recognizing Brian and
Donna for their participation with Historic Preservation Week. He would Like to
continue the relationship with the City and he Looks forward to future City events.
Mason Mason thanked Donna and Brian for their participation with the City during
Historic Preservation Week. She recognized DiLeva for her passion for this
project. Mason also thanked SaLman and Demkowicz for their involvement with
Historic Preservation Week.
16ozak Kozak echoed Mason's comments. He thanked DiLeva, Tustin Area Historical
Society, as well as the Tustin Preservation Conservancy.
Douthit Douthitthanked City staff and all participants involved with Historic Preservation
Week.
Minutes — Planning Commission Meeting — June 25, 2024 — Page 2
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
Mello MeLto also echoed the comments previously made by his fellow Commissioners.
He would Like to see this event continue on with the City.
I-liguchi Higuchi asked DiLeva how the Historic Preservation Team was able to gain more
public participation during Historic Preservation Week. He would Like to see the
scope expanded to incorporate the former MCAS and he was pleased with the
turnout of residents during the Chili Cook -off and Historic Preservation Week.
D1 e va DiLeva provided the City's efforts in gaining more public participation, during
Historic Preservation Week, and described the community outreach and
marketing plan that was used.
overview 3. WORKSHOP ON FAIR POLITICAL PRACTICES COMMISSION (FPPC)
provided REGULATIONS
Staff will present an overview of FPPC conflict of interest provisions
applicable to the Planning Commission.
DaLldt Presentation given.
STAFF CONCERNS:
W111kom WiLLkom shared the news welcoming our new City Manager, ALdo Schindler!
COMMISSION CONCERNS:
Mello No comments.
Douthit Douthit attended the City's annual Chili Cook -off.
Mason No concerns.
Kozak Kozak also attended the City's annual Chili Cook -off.
Hlguchi Higuchi thanked staff for the meeting.
,qv , UTMM
The next regular meeting of the Planning Commission is scheduled for Tuesday,
July 9, 2024.
Minutes — Planning Commission Meeting —.dune 25, 2024 — Page 3
000uoignEnvelope ID: 043Or4rO-9o7O-4o51-Ao18-833rC3u19O3E
Chairperson
JUS NA L. WILLKOM
PLanning Commission Secretary
Minutes — Planning Commission Meeting — June 25, 2024 — Page 4
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JULY 9, 2024
7:00 p.m. CALLED TO ORDER.
Given. PLEDGE OF ALLEGIANCE: Commissioner Kozak
Present ROLL CALL: Commissioners Kozak, Mason, Mello, Chair Pro Tern Douthit & Chair
Higuchi
Absent Commissioner Mello
Schindler City Manager, Aldo Schindler introduced himself to the Commission.
The Commission welcomed City Manager, Aldo Schindler.
PUBLIC INPUT:
Hurtado Hurtado confirmed there was no public input.
CONSENT CALENDAR:
1.. APPROVAL OF MEETING MINUTES—JUNE 25, 2024
RECOMMENDATION:
That the Planning Commission approve the Minutes of the June 25, 2024
Planning Commission meeting, as provided.
Hurtado Hurtado confirmed there was no public input received on the Consent Calendar.
Motion. It was moved by Mason, seconded by Kozak, to approve the Consent Calendar, as
provided. Motion carried 4-0-.1.
PUBLIC HEARING:
Adopted Reso. 2. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (DA) 2022-0002
No. 44.92.
APPLICANT: EMILIE SIMARD OF INTRACORP
TUSTIN 40 DEVELOPMENT LLC
895 DOVE STREET, SUITE 400
Minutes — Planning Commission Meeting — July 9, 2024 — Page 1
Docusign Envelope ID: 0430F470-9D70-4B51-AB19-8337C321903E
NEWPORT BEACH, CA 92660
PROPERTY OWNER: TUSTIN 40 DEVELOPMENT LLC
411 15TAVENUE SOUTH, SUITE 650
SEATTLE, WA 98104
LOCATION: 17802 AND 17842 IRVINE BOULEVARD
REQUEST:
A request for the first amendment to Development Agreement (DA) 2022-
0002, an agreement between the City of Tustin and Tustin 40
Development LLC, for the "The Jessup" residential project. The proposed
amendment is a request to eliminate owner's requirement to pay for the
Voluntary Workforce Housing Incentive Program In -Lieu Fee in conjunction
with the project.
ENVIRONMENTAL:
The Community Development Department has evaluated the request and
determined it to be exempt pursuant to the California Environmental
Quality Act ("CEQA") section 15061(b) (3) of the State CEQA Guidelines as
it can be seen with certainty thatthere is no possibility of a significant effect
on the environment. J
RECOMMENDATION:
Thatthe Planning Commission adopt Resolution 4492, recommending that
the City Council adopt Ordinance No. 1544 for the first amendment to DA
2022-0002, an agreement between the City of Tustin and Tustin 40
Development LLC, to eliminate the requirement to pay for the Voluntary
Workforce Housing Incentive Program In -Lieu Fee in conjunction with the
"The Jessup" residential project located at what was previously 17802 and
17842 Irvine Boulevard and which is currently under construction.
Carver Carver provided a presentation to the Commission. She mentioned one email was
received by staff requesting the notice be described in simplified terms, due to the
complex nature of the request. Carver provided an email response to the
individual, who lives in the Palm Wood Condominiums next door to the project
site.
Douthit Douthit asked Carver to read the simplified response to the individual.
Minutes -- Planning Commission Meeting — July 9, 2024 — Page 2
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Carrier In response to Douthit's question, Carver stated a simplified response was emailed
to the individual (she did not have the email correspondence at the dais) and the
individual did not respond to Carver's response email.
Mason Mason also asked Carver to simplify the project requestto the Commission as well
as what the impact to the City would be once the in -lieu fees are eliminated.
Willkom Willkom explained, in great detail, to the Commission what is being asked of the
applicant. The proposed project is located outside of the DCCSP. At the time the
project was submitted, the City and the developer agreed with the terms of the
development agreement which included the provision of affordable housing and
payment of in -Lieu fees. The requirements mirror what was required in the DCCSP
and the total amount of affordable housing and provisions of the in -lieu fee mirror
the requirement under the Voluntary Workforce Housing Ordinance. Subsequent
to the approval, the City Council adopted the policy which would suspend the
provision of the housing in -Lieu fee temporarily for 36 months. The objective of
that policy is to stir development and to incentivize development within the
Specific Plan areas. Following that policy adoption, Intracorp requested that the
City extend the elimination of the payment in -lieu fee fortheir project, which is why
the item has been brought to the Commission. Staff will need to amend the
approved Development Agreement to remove the provision. Past payment of in -
lieu fees has been ear -marked for Families Forward project (six to eight affordable
housing units) which is forthcoming.
Higuchi Higuchi commented on the City Council's recent approval of in -lieu fees being
eliminated for the KB Home, He asked Willkom for the reason why the in -lieu fees
were taken back to the City Council for elimination.
Willkom In response to Higuchi's question, Willkom stated the reason KB Home projectwas
brought back to the City Council was due to the KB Home project being approved
prior to the adoption of the new policy.
Hurtado Hurtado confirmed no public input was received on this item.
Masan Mason made favorable comments regarding the item.
Douthit Douthit made favorable comments towards the applicant. Overall, his final
comments included, in general• he did not feel the City needs to impose
unnecessary fines or fees regardless if they are in -Lieu or mirror something close
to the area; the City needs to build more housing;
Higuchi Higuchi's final comments generally included: he was supportive of staff's
recommendation; not in favor of housing in -lieu fees; concerned with the impact of
Minutes — Planning Commission Meeting — July 9, 2024 — Page 3
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the Voluntary Indusionary Housing ordinance; commended Intracorp on this
project; he asked Emilie on the number of units remaining to be sold.
Applicant In response to Higuchi's last question, Emilie Simard stated there are 10 for -sale
units remaining in the community. Intracorp has released 3.5 production phases
of the released units with a few left to sell.
Motion: It was moved by Kozak, seconded .by Douthit, to adopt Resolution No, 4492, as
provided. Motion carried 4-0-1.
AdoptedReso. 3. CODE AMENDMENT 2024-0004 (ORDINANCE NO. 1543) —
No. 4491, as (ORDINANCE UPDATES RELATIVE TO THE IMPLEMENTATION OF THE
amended. 6T" CYCLE 2021-2029 HOUSING ELEMENT)
Code Amendment (CA) 2024-0004 is a City -initiated request to amend
various sections of Article 9 (Land Use) of the Tustin City Code (TCC) to
implement the following programs of the City's adopted Housing
Element of the General Plan:
• Program 1.5(a)—This amendment will streamline the requirements
for triplexes in the R-2 and R-3 zones and for residential uses
Citywide in atl zones by removing the Conditional Use Permit
requirements.
• Program 2.1(a) — This amendment will add definitions for
transitional and supportive housing and consider transitional and
supportive housing to be a residential use and explicitly permits
them subject only to those zoning regulations that apply to other
residential dwellings of the same type in the same zone as required
by AB 2162.
ENVIRONMENTAL.
The proposed CA 2024--0004 is not subject to the California
Environmental Quality Act (CEQA) pursuant to California Code of
Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) because it has no potential for resulting in
physical change to the environment, directly or indirectly.
RECOMMENDATION:
Minutes — Planning Commission Meeting — July 9, 2024 -- Page 4
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That the Planning Commission adopt Resolution No. 4491,
recommending that the City Council adopt Ordinance No. 1543,
amending various sections of Article 9 (Land Use) of the TCC to
implement the certain programs of the City's adopted Housing Element
of the General Plan,
Maldonado Presentation given.
Mason Mason asked what the impacts of this item would be to the City if the
recommended action were to be approved.
Willkom In response to Mason's previous question, Willkom stated TCC residential
zoning originally came from the County Code — over the years certain sections
have been updated and certain sections remain the same. In the R2 and R3
Districts, triplexes require approval of a CUP. A CUP generally was intended to
regulate operational characteristics of uses (i.e. CUP for restaurants, the City
may regulate the hours of operation or how live entertainment would be
provided). Triplexes are permanent land use and the City cannot revoke
approved CUP or remove triplexes once they are built. In addition, the
recommended action is consistent with State law where HCD is asking the City
to allow residential development meeting certain criteria by right, subject to
objective design standards.
Hurtado Hurtado confirmed no public comments received on this item.
The Commission, collectively, was in support of the item presented.
Motion: It was moved by Mason, seconded by Douthit, to adopt Resolution No. 4491, as
amended. Motion carried 4-0-1.
Received & 4. DEVELOPMENT STANDARDS IN THE DOWNTOWN COMMERCIAL
filed. CORE & RED HILL AVENUE SPECIFIC PLANS FOR MULTI -FAMILY
RESIDENTIAL PARKING AND PRIVATE STORAGE
On December 5, 2023, the City Council was provided an assessment of
the Downtown Commercial Core Specific Plan (DCCSP) and the Red Hill
Avenue Specific Plan (RHASP). The assessment was prepared by
Economic Planning Systems (EPS), Inc., and identified potential plan
revisions that would remove barriers to development and would better
align the plans with the existing real estate market. The Council received
and filed the report, and directed staff to bring the recommended policy
actions back to the City Council for individual consideration and action.
Minutes — Planning Commission Meeting — July 9, 2024 — Page 5
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Two considerations presented by EPS included (1) a reduction in the
number of parking spaces required for multi -family residential
development, and (2) changes to the amount of private storage required
for dwelling units. This report provides an assessment of these two
potential actions.
Staff will receive feedback and incorporate the Commissions feedback in
Specific Plan Amendments (SPA), which wiLL be brought back to the
Commission and Council for final action.
RECOMMENDATION:
That the Planning Commission:
1. Receive and file this staff report;
2. Discuss potential revisions to multi -family residential parking
requirements in the DCCSP and RHASP;
3. Discuss potential revisions to multi --family residential private storage
requirements in the DCCSP and RHASP; and
4. Provide feedback on changes to DCCSP and RHASP development
standards.
Eastman Eastman provided a presentation to the Commission.
Mr. Gabriel Mr. Groen joined the meeting via Zoom. He voiced his support on eliminating
Groen parking mandates and to consider removing parking requirements entirely.
The Commission deLiberated and discussed, in great detail, staff's
recommendations.
Commission The Commissioners each asked questions regarding the application of parking
and private storage standards and expressed opinions and concerns.
Douthit Douthit agreed that tandem parking should be allowed without discretion. He
would like to eLiminate public parking requirements completely. Douthit
expressed that even if there is no minimum parking requirement, developers will
provide parking they feel is needed for their project. He thinks that the City
should eLiminate the requirement for private storage space, and instead allow
developers the option to provide private storage space as part of their private
open space requirement.
Minutes — Planning Commission Meeting — July 9, 2024 — Page 6
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Kozak Kozak expressed a concern with the changes in the minimum private storage
space requirement. He was concerned that residents would not have places to
store large items if developers are not providing storage area. But he agreed
that the City should not dictate private open space. Kozak stated that he thinks
the parking requirement recommendation in the staff report is reasonable and
he supports it. He also supported allowing tandem parking.
Mason Mason stated that the City has a parking situation. She said that while she also
does not want the City to mandate parking, she Lives two blocks away from a
street that gets parked with over 100 cars a night. She wants to attract
developers, but the City needs to deal with the reality that we Lack public transit
to support the elimination of a parking requirement. Mason supported staff's
recommendation to scale parking requirements to the size of the unit, similar to
what other cities provide. She expressed concern with larger multi -bedroom
multi -unit projects because the City currently has parking problems. Mason
supported tandem parking. She does not believe that the City should require
developers to build private storage areas.
Higuchi Higuchi identified four types of housing that is likely to occur in the two specific
plans: big 150+ unit multi -family development; affordable multi -family
development; boutique small multi -family developments; and for -sale single-
family townhome development. Higuchi stated that big and affordable projects
will use density bonus Law to reduce their parking requirements, so changing
the standard does not impact them. Higuchi said he is supportive of a new
standard to support small boutique multi -family development on small parcels,
which is often done by small entrepreneurial developers. Higuchi wants to
encourage for -sale housing because multi -family (apartments) are not currently
viable in the current economic market. He supported staff's recommendation
regarding parking revisions, including allowing tandem. Higuchi did not support
private storage area requirements.
The item was received and filed.
STAFF CONCERNS:
Willkom WiLLkom did not have any concerns.
COMMISSION CONCERNS:
Mason Mason did not have any concerns.
Kozak Kozak commended the Parks and Recreation department for the Concerts in the
Park series.
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Douthit Douthit requested that Code Enforcement staff address the issues with residents
parking on lawns, sidewalks (specifically near Red Hill Avenue and Bryan Avenue,
and Pine Tree and Pepper Tree Parks).
Higuchi Higuchi echoed Kozak's favorable comments with regards to the Concerts in the
Park. He also commended staff again for Historic Preservation Week.
9:03p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
July 23, 2024.
ERIC HIGUC
Chairperson
4JUSNA"WUKOM
Planning Commission Secretary
Minutes — Planning Commission Meeting — July 9, 2024 — Page 8
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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 Tem Douthit
Commissioners Kozak and Mello
Absent- Commissioner Mason had an excused absence.
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.
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
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LOCATION:
REQUEST:
VESTAR/KIMCO TUSTIN, L.P.
2437 PARK AVENUE
TUSTIN, CA 92782
2439 PARK AVENUE
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 welt.
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.
Wilikom 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.
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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 o(der) 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 witt 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 operationai.. He also asked if ATEP
would run the new buildings..
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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 Maldonado 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
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Eastman,✓ Presentation given.
Alan Loomis
Higuchi Higuchii 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 MeRo'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.
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
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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.
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. Andrew 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
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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.
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 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-
famiLy.
Wilikom WRLkom added', cities have the fLexibitity 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 cleveLopment 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
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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.
Loom& 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
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ERIC H; IGUCH
Chairperson
-�A k) Afj . . ... .....
JUS I A L. WILLKOM
Planning Commission Secretary
Minutes — Planning Commission Meeting — July 23, 2924 — Page 9
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MINUTES
COUNCIL CHAR BER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
AUGUST 27, 2024
0-1900007"W.
Given. PLEDGE OF ALLEGIANCE: Commissioner Kozak
Present ROLL CALL. Chair Higuchi
Chair Pro Tern Douthit
Commissioners Kozak, Mello
Absent Commissioner Mason
Hurtado Hurtado confirmed no public input was received.
CONSENT CALENDAR
Hurtado Hurtado confirmed no public input was received for the Consent items.
rii�►e1 wfinoffly/Al we] 0 Biagi 0 10 [0,87111 IBM 9:10=111W&A=411111110
RECOMMENDATION:
That the Planning Commission approve the Minutes of the July 23, 2024
Planning Commission meeting, as provided.
Motion.• It was moved by Mello, seconded by Douthit, to approve the Minutes, of the July 23,
2024 Planning Commission meeting, as provided. Motion carried: 4-0-1.
None. PUBLIC HEARING: Vera confirmed no public input was received.
10111 i U9111 wi 3 sell III
Nomination 2. TUSTIN HISTORIC REGISTER PLAQUE NOMINATION
approved "DISHMAN- ALDRICH AMES HOUSE 1930"
APPLICANT/PROPERTY OWNER:
Constance Tower
165 N. B Street
Minutes — Planning Commission Meeting — August 27, 2024 — Page 1
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Tustin, CA 92780
Rfxd'M " •'
That the Planning Commission approve the nomination of 165 N, B Street to the,
City's Historic Register Plaque Program and select "Dishman-Aldrich Ames
House 1930" as the most appropriate historical name and date of construction
of the property.
Salman Presentation given.
Higucl7i Higuchi inquired whether all streets within the Tustin Ranch subdivision were named
after veterans.
wilikom, WiLLkom confirmed that many of the subdivisions within Tustin Ranch are named after
Veterans.
Hurtado Hurtado confirmed no public comments received on this item.
The Commission collectively commended staff for recognizing 165 N. B Street, along
with the plaque nomination.
A4,otion; It was moved by Douthit, seconded by Kozak, to approve the nomination of 165 l\
B Street to the City's Historic Register Plaque Program and select "Dish man -Aldrich
Ames House 1930" as the most appropriate historical name and date of construction
of the property. Motion carried 4-0-1.
willkom WiLLkom acknowledged Donna Marsh Peery, Tustin Historical. Society, who was
present in the audience, for her vatuabLe input in assisting staff with the report and
presentation.
Nomination 3. TUSTIN HISTORIC REGISTER PLAQUE NOMINATION
approved "TRURAN-GRIJ!ALVA HOUSE 1909"
APPLICANT/PROPERTY OWNER:
Cesar and Maria Nunez
1082 Walnut Street
Tustin, CA 92780
That the Planning Commission approve the nomination of 1082 Wa,Lniu
Street to the City's Historic Register Plaque Program and select "Truran-
Minutes — Planning Commission Meeting —.August 27, 2024 — Page 2
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GrijaLva House 1909" as the most appropriate historical name and date of
construction of the property.
Salman Presentation given.
HL11-tacio Hurtado confirmed no public input was received on the item.
The Commission collectively commended the current owners (the Nunez's) for the
renovations, and for bringing the historic property back to Life.
It was moved by Douthit, seconded by Kozak, to approve the nomination of 1082
Walnut Street to the City's Historic Register Plaque Program and select "Truran-
GrijaLva House 1909" as the most appropriate historical name and date of
construction of the property.
OTHER BUSINESS:
Wilikoln Staff is currently working on the implementation of the Certified Housing Element
Rezone project. The item will be presented to the Commission in September, with
public hearing notices to be distributed accordingly. The Commission was reminded to
direct any community questions or inquiries to staff.
COMMISSION CONCERNS:
Kozak Nothing to report.
Mello Mello was pleased to hear staff is working on the Housing Element Rezone project.
Douthlt Favorable comments to the Parks and Recreation staff with the Sunset Market.
Higuchi Higuchi encouraged everyone to watch the video of the August 20, 2024 City Council
meeting, specifically the Tustin Legacy updates.
725p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
September 10, 2024.
JU,kFINA L. WILLKOM
Planning Commission Secretary
7—
ERIC HIGUCHI
Chairperson
Minutes — Planning Commission Meeting — August 27, 2024 — Page 3
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MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
SEPTEMBER 24, 2024
7-00 p.m. CALLED TO ORDER
Given. PLEDGE OF ALLEGIANCE: Chair Pro Tern Douthit
Present. ROLL CALL: Chair Higuchi
Chair Pro Tern Douthit
Commissioners Mason
Absences. Commissioners Kozak and Mello
PUBLIC INPUT:
Hurtado Hurtado confirmed no Public Input was received.
CONSENT CALENDAR:
Hurtado Hurtado confirmed no public input was received for the Consent item.
1. APPROVAL OF MEETING MINUTES —AUGUST 27, 2024
RECOMMENDATION:
That the Planning Commission approve the Minutes of the August 27,
2024 Planning Commission meeting, as provided.
Motion: It was moved by Mason, seconded by Douthit, to approve the Minutes of the
August 27, 2024 Planning Commission meeting, as provided. Motion passed:
3-0-2.
PUBLIC HEARING:
Continued to 2. HOUSING ELEMENT REZONE PROJECT FOR THE IMPLEMENTATION
the October OF PROGRAMS 1.1A, 1.113, AND 1.1F OF THE 6TH CYCLE 2021-2029
8, 2024 HOUSING ELEMENT OF THE GENERAL PLAN
meeting.
The Housing Element Rezone Project is a City -initiated proposal to
increase the number of properties in the City that are zoned for
residential development, pursuant to the programs 1.1(a), 1.1(b) and
1.1(f) of the City's adopted General Plan Housing Element.
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The Housing Element Rezone Project will bring the City into compliance
with its housing obligations by accommodating an additional 2,168
dwelling units as required by the State's 6t" Cycle Regional Housing
Needs Assessment (RHNA), and an additional 1,356 "buffer" units to
ensure compliance with California Government Code Sec. 65863 (No -
Net -Loss Law).
The Housing Element Rezoning Project will increase the development
capacity within the Tustin Legacy area (Housing Element Sites 1A, 1B
and 2), and rezone property in the Enderle Center (Housing Element
Site 17) and Tustin Market Place (Housing Element Sites 16) for
residential uses.
The proposed project will require amendments to the General Plan
Land Use Element, Tustin Legacy Specific Plan, East Tustin Specific
Plan, Zoning Code and the City's Zoning Map.
An Environmental Impact Report (EIR) has been prepared for each of
the three Rezone Project locations, in accordance with the provisions of
the California Environmental Quality Act (CEQA) Article 6 of California
Code of Regulations, Title 14, Chapter 3.
RECOMMENDATION:
That the Planning Commission adopt the following resolutions, which
recommend that the City Council certify the Environmental Impact
Reports and approve the Housing Element Rezone Project:
Tustin Legacy — Sites 1A, 1B and 2
1. Adopt Resolution No. 4494, recommending that the City Council find
the Final Supplemental Environmental Impact Report for Tustin
Legacy Specific Plan (TLSP) Amendment 2024-0002 is adequate.
2. Adopt Resolution No. 4495, recommending that the City Council
adopt Ordinance No. 1547 for Specific Plan Amendment (SPA)
2024-0002 to allow for additional high density residential
development on three sites in the TLSP, Housing Element Sites 1a,
1b, and 2, with a minimum density of 20 units per acre (du/acre) on
the selected sites. Amendment to the TLSP would to be consistent
with existing State housing law, including the provision for State
density bonus.
Enderle Center — Site 17
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3. Adopt Resolution No. 4496, recommending that the City Councilfind
the Final Environmental Impact Report (FEIR) for General Plan
Amendment (GPA) 2024-0001, Code Amendment (CA) 2024-0003,
and Zone Change (ZC) 2024-0001 is adequate.
4. Adopt Resolution No. 4498, recommending that the City Council
adopt Ordinance No. 1549 for CA 2024-0003 to establish a Housing
Overlay (HO) District (overlay zone) in conjunction with the planned
community commercial district (base zone) to implementthe housing
implementation program of the 6th Cycle 2021-2029 housing
element of the general plan.
5. Adopt Resolution No. 4499, recommending that the City Council
adopt Ordinance No. 1550 for ZC 2024-0001 to amend the City's
zoning map to apply the Housing Overlay (HO) district to the Enderle
Center Rezone Project area.
Tustin Market Place — Site 18
6. Adopt Resolution No. 4500, recommending thatthe City Councilfind
the FEIR for GPA 2024-0001 and East Tustin Specific Plan (ETSP)
Amendment 2024-0001 is adequate.
7. Adopt Resolution No. 4501, recommending that the City Council
adopt Ordinance No. 1551 for SPA 2024-0001 to accommodate
residential development on 18 acres of the Market Place Rezone
Project site and create a new high density residential land use
category to implement the Housing Implementation Program of the
6th Cycle Housing Element of the General Plan.
General Plan Consistency (Enderle Center & Market Place)
8. Adopt Resolution No. 4497, recommending that the City Council
adopt GFa�g No. 1548Resolution 24-79 for GPA 2024-0001 for
minor text amendments to ensure consistency with the proposed ZC
2024-0001 (Housing Element Site 17 - Enderle Center) and SPA
2024-0001 (Housing Element Site 18 — Market Place).
Higuchi Higuchi informed the public that staff's recommendation was to continue the
Public Hearing item to the next meeting (October 8, 2024) to allow all
members of the Commission to participate. Higuchi also informed the public
that they will be allowed to provide their input at this time or they can wait
until the October 8t" meeting.
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7-04 p.m. Opened the Public Hearing.
Public Collectively, the public voiced their opposition to the rezone and/or
Comments. construction of housing at Enderle Center (Site 17), which generally included
comments related to: increased traffic and congestion; parking impacts;
pedestrians safety; loss of existing small businesses; Enderle Center as a
community landmark; Enderle Center as a place for community events;
residential parking issues; high -density buildings; safety of residents; lack of
policing; decrease in property value; car racing on 17t" Street; number of
proposed units; transients/drug use at bus stop on 11 Street; quality of life; and
advocating for single-family homes and not mixed retail -use or high density
residential.
Members of the public also voiced concerns with increasing the residential
capacity at the Tustin Legacy (Sites 1a, 1b & 2), which included comments
related to: concerns with density; concerns with total number of units;
inadequate parking; retail parking not being visited; infrastructure component
needs to be reviewed; traffic on Tustin Ranch Road; need to construct a
pedestrian bridge at Tustin Ranch Road before Armstrong Avenue; reprioritize
infrastructure projects for access to Metrolink and Tustin Legacy Magnet
Academy; increased crime at Greenwood; and the future of the north hangar
that burned down.
7-53p.m. Closed the Public Hearing item.
Douthit Douthit expressed opposition regarding the public hearing item.
Motion: It was moved by Douthit, seconded by Mason, to continue the item to the
October 8, 2024 meeting. Motion passed: 3-0-2.
None. REGULAR BUSINESS
OTHER BUSINESS:
Willkom Willkom informed the Commission of a Stakeholders Meeting to occur
September 25, 2024, wherein staff will discuss an administrative draft of
Objective Design Standards (ODS) with the development industry.
PLANNING COMMISSION COMMENTS AND REPORTS:
Mason Mason thanked the residents for attending the meeting. She asked staff to
bring an outline of the process for the communities to view at the October 8,
2024 meeting.
Douthit Douthit also commended residents who spoke at tonight's meeting.
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Higuchi Higuchi thanked the public for their participation.
S.-OOp.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, October 8, 2024.
Signed by:
D148F2601EF34A4...
ERIC HIGUCHI
Chairperson
Signed by:
E
0 ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
Agenda — Planning Commission Meeting — September 24, 2024 — Page 5