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.
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John Ni' Isen
Chairp rson
Elizabeth A. Binsack
Planning Commission Secretary
Minutes -Planning Commission 9-25-07 -Page S