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HomeMy WebLinkAboutPC Minutes 09-25-07MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 25, 2007 7:00 p.m. CALL TO ORDER Oath administered 1. SEATING OF COMMISSIONER JEFF THOMPSON by Councilman Doug Davert Given PLEDGE OF ALLEGIANCE All present ROLL CALL Present: Chair Nielsen, Chair Pro Tem Puckett Commissioners Kozak, Murray, and Thompson Staff present Elizabeth Binsack, Community Development Director David Kendig, Deputy City Attorney Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Justina Willkom, Senior Planner Minoo Ashabi, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 4-1; 2. APPROVAL OF MINUTES - SEPTEMBER 11, 2007, Thompson PLANNING COMMISSION MEETING. abstained It was moved by Puckett seconded by Murray, to approve the Minutes. Motion carved 4-1; Thompson abstained. Resolution No. 4064 3. DRAFT RESOLUTIONS OF DENIAL (HAMPTON was omitted VILLAGE); ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096; CONDITIONAL USE PERMIT 06-024, DESIGN Resolution No. REVIEW 06-020 4065 was At the September 11, 2007, the Planning Commission approved, as denied the project and directed staff to prepare resolutions modified of denial. The following resolutions have been drafted per the Commission's request: Resolution No. 4066 was approved Minutes -Planning Commission 9-25-07 -Page 1 Vote 4-1; 1. Resolution of finding that the Mitigated Negative Thompson Declaration (MND) is not adequate for Conditional Use abstained Permit 06-024 and Design Review 03-020 and recommending that the City Council find that the MND is not adequate for the Zone Change 06-002 and Tentative Tract Map 17096; 2. Resolutions of denial of Conditional Use Permit 06-024 and Design Review 06-020; and, 3. Recommendation of denial to the City Council of Zone Change 06-002 and Tentative Tract Map 17096. Nielsen Stated that Item No. 3 should be pulled for discussion. Director Indicated that at the last Planning Commission meeting the Commission took action on a 3-1 vote to deny the projects listed above and requested that staff return with resolutions of denial. Staff proposed the following: Omit Resolution No. 4064 related to the Mitigated Negative Declaration. • Resolution No. 4065, Finding K, references a section of the California Environmental Quality Act Section 15270, a statutory exemption to projects that are denied either by the Planning Commission or City Council; a similar Finding was included in Resolution No. 4066. • Resolution No. 4066, staff modified Finding D, the last bullet point related to traffic impacts to read that "the density, aesthetics and traffic impacts of the proposed tentative tract map or the proposed improvements were not adequately addressed in the mitigated negative declaration." • A denial without prejudice gives the applicant the ability to reapply; if denied with prejudice, the applicant would not be allowed to do so for at least a year. Nielsen Asked, regarding Resolution No. 4065, Item H, whether the Planning Commission's consensus was related to the height and the architecture; his recollection was that the consensus related to the height only. Kozak Stated he was concerned about the density and the height. Minutes -Planning Commission 9-25-07 -Page 2 Murray Noted that the height was the most important concern. Puckett Stated that he was in favor of the architecture. Nielsen Added that there was public input that addressed the architecture, but his understanding was the consensus focused on the height and that reference to architecture should be removed from Finding H of Resolution No. 4065. It was moved by Murray, seconded by Kozak, to approve Item No. 3, with the modifications noted above. Motion carried 4-1. Thompson abstained. Puckett Stated he was voting with the majority since the denial is proposed without prejudice. None PUBLIC HEARINGS REGULAR BUSINESS Received and 4. FOLLOW-UP DISCUSSION: TOUR OF OLD TOWN provided direction COMMERCIAL AREA to staff The primary purpose of the discussion is to identify possible future agenda items related to the Old town Tustin Commercial area. The discussion also provides a forum for the Commission to generally discuss the tour and to make recommendations for future tours. Nielsen Thanked staff for the tour of the Old Town Commercial area; it was very educational and informative; driving through Old Town, one does not realize how much commercial and retail business there is in Old Town. Indicated it would be his suggestion that the next tour should involve the communities in southern Tustin-Laurelwood, Peppertree, Tustin Meadows, Summerfield-and then perhaps Tustin Ranch and other residential areas, continuing the outreach with the tours and talking with the residents in the communities. Puckett Commended staff for the booklet prepared for the tour and encouraged the general public to secure a copy; it provides great insight into the architecture and history of Old Town Tustin. Thompson Agreed that the tour was very informative and complimentary to the ongoing planning; the City completed street improvements recently; it seems there may be opportunities for lighting of the trees and Minutes -Planning Commission 9-25-07 -Page 3 similar ideas to be considered in the future to continue the roll-out of good things that are happening in Old Town. Kozak Thanked staff and the member of the public who joined the second Old Town Tour which complimented the earlier tour of the residential areas. Suggested that the Planning Commission give consideration to summarizing the information from the two tours of Old Town to assist the Commission in developing the work plan for historic resources preservation responsibilities; complementary to that might be looking at how the work plan would fit with the comments that have been shared regarding the development of Design Guidelines for both areas of Old Town; this could go along with identification of non-confirming uses and structures and charting a course for the future, having a plan and a way to deal with the opportunities and bring some context to the opportunities that exist in residential, commercial, and retail that would guide the Planning Commission's work in this area. Murray Agreed that the tours are informative and educational and the information being gathered will help strategically as the Commission looks at the future of Old Town. Nielsen Stated that Commissioner Kozak's idea is excellent. Kozak Indicated he would be willing to meet with staff to develop some of the ideas further after which staff could return with a plan for Commission consideration. Nielsen Suggested that Commissioner Thompson may be willing to contribute his vast knowledge of Old Town in this regard. Requested that the Commission provide staff guidance regarding the next step in the ongoing outreach; his feeling would be that after concentrating on Old Town it might be appropriate to move to the south side of the City and move north. Puckett Asked if The District would be included in the southern portion. Director Stated there is a lot that staff would like to show the Commission at The District. Nielsen Indicated starting with The District would be fine. Minutes -Planning Commission 9-25-07 -Page 4 It was moved by Kozak, seconded by Murray, to receive and file the report. Motion carried 5-0. Received report 5. PROJECT SUMMARY The summary focuses on the status of projects that the Planning Commission, Zoning Administrator, or Community Development Director, approved major projects, and other items of interest. Director Reviewed the purpose of the Project Summary for the benefit of the newer Commissioners. Nielsen Asked if the Franklin Avenue public storage permit expires the applicant would be able to reapply. Director Answered in the negative, due to prohibition of these uses; various letters have been sent identifying the need to act on any building permits. Nielsen Requested the tentative timeframe for completion of the zoning map. Reekstin Indicated that the map is very near completion; it will provide a much better reference map than the one currently in use; the zoning code work is still underway. Nielsen Asked if the revised code would include the new zoning designations. Reekstin Answered in the affirmative. Nielsen Questioned whether there would be outreach to residents who might be affected by the nomenclature to reassure them that their zoning is not being changed. Reekstin Answered in the affirmative. Puckett Asked for the status of In-N-Out Burgers. Director Indicated that staff has been waiting for them to begin construction and expected that to begin much sooner since they are a critical piece to the puzzle; there was turnover within the corporate structure that caused some of the delay. Kozak Thanked staff for the summary report; it is always good to see a lot of activity going on that is attracting new businesses and quality Minutes -Planning Commission 9-25-07 -Page 5 development to Tustin; the Public Works projects are adding to the quality of life in Tustin. Nielsen Noted that the summary informs the Commission and the public what is going and a lot of the work the staff does in preparing these projects; and, complimented staff for their hard work and diligence in this regard. STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 18, 2007, CITY COUNCIL MEETING. Director reported The item related to Hampton Village was continued to await the adoption of the Planning Commission resolutions; the item was tabled until further notice; staff understands the applicant intends to appeal the items; the zone change, conditional use permit, tentative map, and design review will be heard together; the date is unknown but may be the second City Council meeting in October or the first meeting in November; staff will be providing public notice (as required by law} that will) include residents within 300 feet, everyone who asked to be notified, anyone who provided a letter to either the Planning Commission or the City Council, and anyone who spoke at the two Planning Commission meetings; notice will also be provided in the newspaper and at the project site. Nielsen Asked if there is a timeframe notification. Director Answered that the appeal has not yet been received; the appeal period would not begin until the Planning Commission action this evening; the applicant can file the appeal as early as tomorrow; staff would have to provide ten days' notice, including the notice to the newspaper, which sometimes takes more than ten days. Noted that the City Council interviewed candidates and appointed Commissioner Thompson to the Planning Commission; and, offered congratulations to him. COMMISSION CONCERNS Thompson Indicated he had no concerns; he is in a high teaming mode and appreciates the guidance he has received along the way. Murray Congratulated Commissioner Thompson on his appointment; and, stated he looks forward to working with him. Minutes -Planning Commission 9-25-07 -Page 6 Murray continued Noted the Summary of Projects is very useful for one also on the teaming path. Reiterated that the tours have been very helpful to him as a relatively new Commissioner; the tours provide the Commissioners a great opportunity for outreach into the community to let the residents know the Commission is always trying to do the best for Tustin. Commended and thanked staff for their hard work and detailed reports. Kozak Congratulated Commissioner Thompson on his appointment to the Commission; he looks forward to working with Mr. Thompson for years to come. Commented that he looks forward to teaming more about the community through future walking tours. Reminded everyone the 50~' Tustin Tiller Days celebration takes place this weekend; he looks forward to seeing everyone there. Puckett Added his congratulations to Commission Thompson for his appointment to the Commission; he had suggested that Mr. Thompson do so a few years ago; it is good to see that come to fruition; this is the most professional group he has worked with during his years on the Planning Commission. Reported that the Red Hill Lutheran Church applicants for the life center project were very appreciative of the professional demeanor of staff and the Planning Commission in dealing with the application; this will be a wonderful addition to the City. Noted that Chairman Nielsen's rosy cheeks were the result of he and Commissioner Puckett representing the Planning Commission at the Chamber golf tournament earlier in the day. Nielsen Thanked Chair Pro Tem Puckett for his remarks regarding the golf tournament which also benefits the Village of Hope, a worthy cause. Puckett Pointed out that Chair Nielsen was too shy to share that he got the only eagle of the day. Nielsen Responded that "even a blind squirrel can find an acorn" once in a while. Minutes -Planning Commission 9-25-07 -Page 7 Nielsen continued Thanked the Chamber for inviting the Commissioners to participate in this worthy cause. Wished Mayor Lou Bone a Happy 70"' Birthday, which he will be celebrating soon; he looks great and is an inspiration for us all to stay active and involved. Stated that after, reviewing the projects and being on the Commission for a number of years during much of the planning for The Legacy, he feels that members of the staff do not always receive the credit for all that they do, not only the staff present but also Bill Huston and Christine Shingleton, who have been working diligently for years in acquiring the land, overseeing the planning, seeing the construction through; this is a massive project for a small town Tustin's size; the amount of dedication, work, extra hours to accomplish all this did not receive enough notice from the outside and should be commended; staff did an excellent job, particularly in the early stages, in putting this development together; he offered hearty congratulations to staff for their work on this magnificent project. 7:35 p.m. ADJOURNMENT The next regular meeting of the Planning Commission will be held Tuesday, October 9, 2007, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ~f ~~t ..~_-- John Ni' Isen Chairp rson Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission 9-25-07 -Page S