HomeMy WebLinkAbout01 PC Minutes 3-27-07 ITEM #1
A TOUR OF THE DISTRICT AT TUSTIN LEGACY
LEFT CITY HALL AT 5:30 P.M. AND RETURNED AT 6:35 P.M.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MARCH 27, 2007
7:05 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Puckett
Commissioner Kozak, Lee, and Nielsen
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Justina Willkom, Senior Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved 1. APPROVAL OF MINUTES — MARCH 13, 2007, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Kozak, to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
No action taken 2. WITHDRAWN APPEAL OF COMMUNITY DEVELOPMENT
DIRECTOR'S DECISION THAT THE PROPOSED USE AT
15201 WOODLAWN AVENUE FOR SOLID WASTE AND
RECYCLING SERVICES, INCLUDING THE GARAGING
AND MAINTENANCE OF REFUSE COLLECTION
VEHICLES, IS NOT A PERMITTED USE PURSUANT TO
THE PACIFIC CENTER EAST SPECIFIC PLAN.
Minutes—Planning Commission 3-27-07—Page 1
RECOMMENDATION:
That the Planning Commission take no action.
Adopted Resolution 3. DEVELOPMENT AGREEMENT 06-002 AND MCAS
Nos. 4058 and TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE
4059; Resolution 07-001) AS FOLLOWS:
No. 4060 was
continued to the MCAS TUSTIN SPECIFIC PLAN AMENDMENT
next Planning (ZONE CHANGE 07-001) IS A REQUEST TO
Commission ALLOW TANDEM PARKING IN RESIDENTIAL
meeting DEVELOPMENTS AND COMPACT SPACES IN
NON-RESIDENTIAL DEVELOPMENTS AND
WOULD SPECIFY THEIR REQUIRED
DIMENSIONS.
■ DEVELOPMENT AGREEMENT (DA 06-002) IS AN
AGREEMENT BETWEEN THE CITY OF TUSTIN
AND TUSTIN LEGACY COMMUNITY PARTNERS,
LLC, A DELAWARE LIMITED LIABILITY COMPANY,
TO PROVIDE THE DEVELOPER CERTAIN
ASSURANCE THAT IN RETURN FOR THE
DEVELOPER'S COMMITMENT TO THE
COMPREHENSIVE PLANNING FOR THE
PROPERTY THAT IS CONTAINED IN THE
DISPOSITION AND DEVELOPMENT AGREEMENT
AND THE SPECIFIC PLAN, THE CITY WILL IN
TURN REMAIN COMMITTED TO THE DDA AND
THE SPECIFIC PLAN.
RECOMMENDATION:
That the Planning Commission:
1. Adopt Resolution No. 4058 finding that the Final
Environmental Impact Statement/Final Environmental
Impact Report for the Disposal and Reuse of MCAS
Tustin ("FEIS/FEIR") and its Addendum is adequate to
serve as the project FEIS/EIR for Development
Agreement 06-002 and MCAS Tustin Specific Plan
Amendment (Zone Change 07-001) and that all
applicable mitigation measures will be incorporated
into the project as required by the California
Environmental Quality Act.
2. Adopt Resolution No. 4059 approving the MCAS
Tustin Specific Plan Amendment (Zone Change 07-
001) to amend various sections of the MCAS Tustin
Specific Plan.
Minutes—Planning Commission 3-27-07—Page 2
3. Adopt Resolution No. 4060 approving Development
Agreement 06-002 between the City of Tustin and
Tustin Legacy Community Partners, LLC (a Delaware
limited liability company.
7:08 p.m. The Public Hearing opened.
Willkom Presented the staff report, noting that the DA 06-002 item would be
continued to the next Planning Commission meeting, April 10,
2007.
Nielsen Asked if there would be any tandem parking for anything other than
residential.
Willkom Indicated the tandem parking spaces would apply to all the
attached residential units; within Neighborhood G, only up to 40
percent would utilize tandem spaces.
Nielsen Asked why the sports park location was changed.
Director Indicated that no change was being proposed regarding the park
location with the proposed Specific Plan Amendment.
Nielsen Stated the material indicated a change in location of the park from
Red Hill and Edinger, replacing the original sports park location with
a commercial development and changing the location to nearer the
linear park and Carnegie.
Kozak Noted that he had the same question, pointing to page 25 of the
document under Recreation.
Nielsen Indicated that he was curious about the specific reasoning behind
changing the location.
Kozak Asked if the size of the park would be the same or downsized.
Willkom Stated that the analysis of the environmental impact had three
items: 1) the Disposition and Development Agreement, 2) the
Development Agreement, which staff is recommending be
continued to the next meeting; and 3) the Zone Change; the
relocation of the sports park is part is the DDA which the City
Council considered at the last Council meeting; the applicant might
wish to address that issue.
Director Indicated the intent was to defer construction from Phase 1 to
Phase 2; the exact size, location, amenities, etc. have not been
determined.
Minutes—Planning Commission 3-27-07—Page 3
Nielsen Stated his assumption was that it might be a better location due to
the linear park.
Floyd Asked if the park would be part of the Redevelopment presentation
planned for the future.
Director Responded in the affirmative.
Nielsen Questioned the possibility of changes in the housing types,
intensity, mixed uses, reconfiguration of land uses and whether or
not any such changes would be with the mutual consent of the City
and the developer.
Director Answered that the City would need to approve anything not
consistent with the DDA or the Specific Plan.
Puckett Asked if the 20 percent compact parking spaces represents the
standard.
Willkom Indicated that the 20 percent figure was included in the Specific
Plan and could be used only after the approval by the Community
Development Director; the proposed Zone Change would allow 20
percent compact without qualification.
Floyd Referred to the Tustin Crossings project and the percentage of
compact spaces allowed there.
Director Responded that the developer took advantage of the maximum
number of compact spaces; that site is not meeting the City's
current standards; that site experienced the widening of Newport
Avenue and lost eight spaces and might already have been
nonconforming, making that site inappropriate as a gauge; a newer,
more modern development would be a better comparison, using the
City's current parking ratio.
Kozak Asked why the arches are being eliminated and substituted with
bridges.
Director Stated that would be part of the DDA and is not pending before the
Planning Commission; those proposed modifications will be
presented at a different Planning Commission meeting.
Floyd Suggested that presentation should take place within the next 30
days.
Lee Asked who is involved in enforcing the compact parking spaces
when larger vehicles are parked in the spaces.
Minutes—Planning Commission 3-27-07—Page 4
Director Answered there is not an enforcement requirement; the developer
may choose to enforce compact space parking; the City
encourages that the compact spaces be the least accessible to the
retail facility or the primary entrances and/or used for employee
parking and lower turnover spaces.
Floyd Asked what can be enforced, such as towing cars.
Director Answered that such enforcement does not take place.
Floyd Invited the applicant to the lectern.
Simon Whitmey, Thanked staff for their hard work on these technical issues; a fuller
Tustin Legacy presentation will be presented in the near future when many of the
Community questions can be addressed; the Specific Plan Amendment is an
Partners important part of the development and the future of The Legacy.
Nielsen Asked for clarification regarding the sports park.
Mr. Whitmey Stated that the original location at Warner and Red Hill was
predicated on the fact that it would be a sports park and a detention
water basin; the hydrology now suggests that site would not be
workable for the retention basin; the sports park would have been
10 feet below grade, subject to periodic inundation during severe
rain storms; the new location is within Area E but is now south of
the linear park closer to Carnegie where it may not be in
conjunction with a storm drainage device.
Nielsen Asked for information on the progression of the high school site.
Whitmey Stated the high school site is owned by the City; the developer has
been engaged in conversations with the School District and City
staff; the high school is generally considered to be a higher priority
for everyone and that the 40-acre site owned by the City will be
conveyed to the School District; the challenge is to find the funding.
It was moved by Puckett to adopt Resolution Nos. 4058 and 4059
and continue Resolution No. 4060 to the April 10, 2007, Planning
Commission meeting.
Nielsen Asked if there were issues with postponing the Development
Agreement and taking the Specific Plan Amendment forward.
Director Answered in the negative.
The motion was seconded by Kozak. Motion carried 5-0.
Minutes—Planning Commission 3-27-07—Page 5
REGULAR BUSINESS
Received and filed 4. PROJECT SUMMARY.
The summary focuses on the status of projects that the
Planning Commission, Zoning Administrator, or Community
Development Director approved, major improvement
projects, and other items of interest.
Director Called attention to the monitoring report regarding the communities
in The Legacy, the permits that have been issued, and the number
of square feet under construction at Vestar.
Floyd Asked about the 51 square feet that are missing from under
construction and total square footage.
Director Suggested that could be the Costco fueling station attendant's area;
under construction refers to permits that have been issued.
Nielsen Thanked staff for the tour of The District and for providing a quick
dinner at the end of the tour.
STAFF CONCERNS
REPORT OF ACTIONS TAKEN AT THE MARCH 20, 2007, CITY
COUNCIL MEETING.
Director reported The City Council approved the Tentative Tract Map for the Red Hill
condominiums.
The City Council held the first reading of the Sign Ordinance; the
City Council was pleased with the Planning Commission's
recommendation.
Floyd Asked if the public turned out for the item.
Director Answered in the negative.
The Council will be hearing the appeal regard the fibercement
product at 200 South A Street at the April 3, 2007, meeting.
COMMISSION CONCERNS
Nielsen Thanked staff for the tour of The District, especially Henry Huang,
Building Official, who served as the tour guide.
Indicated the development at The Legacy is proceeding in a proper
manner thanks to the dedication and expertise of the City staff.
Minutes—Planning Commission 3-27-07—Page 6
Lee Added his thanks to staff for the tour.
Kozak Thanked staff for the tour and accommodating his special request
to look at the Sheriffs training facility.
Complimented staff regarding the amount of work involved in the
environmental documentation for the Specific Plan.
Noted the Summary of Projects is an indication of the great things
that are happening in the community.
Thanked staff for sending the material regarding the Pasadena well
facility and the comparisons of the original design and the redesign,
which is much more compatible with the residential neighborhood.
Stated that the Arco station on Newport Avenue provides just
enough room between the drive entry off Newport into the station
and the driveway just to the south to fit two automobiles and, when
parked, there is no turning radius in or out of the facility; Public
works should take a look at that situation and also the difficulty in
making safe right-hand turns out of the station.
Indicated that last Friday he attended the KFHS radio night and
was astounded by the talent of these Foothill students.
Welcomed David Kendig, the new Deputy City Attorney, to his first
solo Planning Commission meeting.
Puckett Thanked staff for the tour, noting how proud he is to be a Tustin
resident and see the development taking place at The Legacy.
Asked the Recording Secretary to make sure that mail for the
Planning Commissioners is delivered to them in a timely fashion;
sometimes mail left in the packets involves events that have
already taken place; perhaps on Friday of each week, any mail
could be forwarded to the Commissioners via USPS.
Harris Apologized and promised to correct the oversight.
Floyd Mentioned there are several grand openings coming up; and,
encouraged all the Planning Commissioners to attend.
Indicated that another tour of The District in 30-45 days would be a
good idea.
Puckett Suggested the grand openings referred to above will provide the
Commissioners with a chance to wear the Planning Commission
nameplates recently provided by staff.
Minutes—Planning Commission 3-27-07—Page 7
7:44 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, March 27, 2007, at 7:00 p.m. in the City Council
Chamber at 300 Centennial Way, with a tour of The District
beginning at 5:30 p.m.
Minutes—Planning Commission 3-27-07—Page 8