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HomeMy WebLinkAbout01 PC Minutes 5-13-08ITEM #1 MINUTES REGULAR MEETING PLANNING COMMISSION MAY 13, 2008 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE Nielsen, Chair 1. PLANNING COMMISSION REORGANIZATION. Puckett, Chair Pro Tem RECOMMENDATION: That the Planning Commission follow the procedures contained in the staff report to elect a Chairperson and Chairperson Pro Tem. Commissioner Puckett nominated Commissioner Nielsen to be reappointed as Chairperson, seconded by Commissioner Kozak. Motion carried 5-0. Commissioner Murray nominated Commissioner Puckett to be reappointed as Chair Pro Tem, seconded by Commissioner Thompson. Motion carried 5-0. ROLL CALL Present: Chair Nielsen, Chair Pro Tem Puckett Commissioners Kozak, Murray, Thompson Staff Present Elizabeth Binsack, Community Development Director David Kendig, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Scott Reekstin, Senior Planner Justina Willkom, Senior Planner Amy Thomas, Senior Planner Reina Kapadia, Assistant Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 5-0 2. APPROVAL OF MINUTES -APRIL 22, 2008, PLANNING COMMISSION MEETING. Minutes -Planning Commission May 13, 2008 -Page 1 It was moved by Puckett, seconded by Murray, to approve the Consent Calendar. Approved 4-0 3. APPROVAL OF CERTIFICATE OF APPROPRIATENESS Thompson recused REPORT REGARDING OLD TOWN PROJECTS APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT FROM FEBRUARY 12, 2008, TO MARCH 13, 2008. Commissioner Thompson requested to abstain on three addresses on Item No. 3; three addresses are in close proximity to his residence; one actually is his residence. Nielsen Asked if a new motion would be necessary. Kendig Indicated that would not be necessary; and, asked Commissioner Thompson to identify the addresses. Thompson Responded 415 West 6th Street, 445 West 6th Street, and 200 Pacific Street. Motion carried 4-0. Thompson abstained. PUBLIC HEARINGS Adopted Resolution 4. CONDITIONAL USE PERMIT 08-004 REQUESTING No. 4090, as AUTHORIZATION TO ESTABLISH AN OFF-SITE amended ALCOHOLIC BEVERAGE SALES ESTABLISHMENT WITH ANCILLARY ON-SITE SALES PRIVILEGES FOR WINE TASTING AND WINE EDUCATION CLASSES. THIS PROJECT IS LOCATED AT 2952 EL CAMINO REAL IN THE PLANNED COMMUNITY MIXED USE ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4090, approving Conditional Use Permit 08-004. 7:05 p.m. The Public Hearing opened. Kapadia Presented the staff report. Thompson Asked if the 1,000 feet determination was measured from the entry, the building edge, the edge of the parking lot. Minutes -Planning Commission May 13, 2008 -Page 2 Kapadia Indicated the distance requirements are measured differently for the different types of uses; and, read those requirements from the Zoning Code. Thompson Suggested that Toys R Us is not considered a playground. Kapadia Confirmed that would be considered a retail use. Thompson Asked how police enforcement would be factored into a use like this. Kapadia Indicated that the Police Department reviewed the project and application materials and have no concerns regarding the project, as proposed, for the off-site sales and on-site privileges for tasting and classes. Nielsen Questioned whether there would be any limitation in the number of wine-tasting classes that could be held per month/per day. Kapadia Replied that the conditions of approval limit the hours of operation and the number of enrollees/attendees for the wine-tasting or classes but does not specifically limit the number of classes that may be held. Nielsen Suggested that it would be possible to hold three or four per day. Kapadia Concurred with that suggestion. Nielsen Stated his concern is not the occasional wine-tasting class, but that the entitlements are loosely constructed and may be construed as a bar which would be more adverse; he would like to see the conditions tightened in this regard. Kapadia Responded that under Conditions 2.1 and 2.2 the on-site sales activity for wine tasting and classes would need to remain an ancillary use to the primary off-site sales use; if the primary use is discontinued, the conditional use permit would no longer be valid; Condition 2.2 approves the project based on the approved plan; a change to the operation or the layout of the business would require approval of the Director. Director Added that the types of licenses that are being requested are not related to a bar; the request is for off-site sales and tasting on-site identified in the staff report and conditions of approval; only five percent of the total floor area may be used for tasting; any modification or expansion thereto would render the conditional use permit null and void unless some modification were requested by the applicant. Minutes -Planning Commission May 13, 2008 -Page 3 Nielsen Restated his concern would be that allowing these entitlements will be too loosely construed. Kozak Requested modifying Conditions 2.1 or 2.2 regarding the square footage as the standard measure of ancillary use by incorporating language into the condition. Kendig Indicated he would draft some language to be provided after the public comments. Murray Stated that he has had some experience with the ABC Type 42 license; unless conditioned, that license may allow for some of the above concerns. Nielsen Invited the applicant's representative to the lectern. Phil Armstrong, Vice Stated that the applicant prefers to be referred to as a wine super President, Real store rather than a liquor store; 70 percent of their sales are in wine; Estate, Total Wine & the primary use is as a wine retailer; they have 52 stores in 10 More states and have $700 million in sales; California, Arizona, and Nevada are important expansion opportunities for the business; The Tustin Market Place was selected as a new location because it met the criteria for a retail site. Presented a set of photos showing what a typical wine-tasting setup looks like; there is an aggressive policy to be very sensitive to minors; California has detailed guidelines for that. Nielsen Asked if any of their stores turned into bars. Mr. Armstrong Responded in the negative. Nielsen Inquired whether the applicant would be averse to tightening the conditions to prevent bar use. Mr. Armstrong Answered in the negative; and, referred to the number of wine classes that might be offered; the current number is approximately 15 per year. Puckett Asked if this will be their second California store. Mr. Armstrong Answered in the affirmative; a third will open in Los Angeles in early 2009; several more are planned between Santa Barbara and San Diego; these will be focused, high-profile locations. Murray Stated that he had contacted people in the Roseville Police Department who had very favorable things to say; and, asked why the name "California Wines" is being used down here. Minutes -Planning Commission May 13, 2008 -Page 4 Mr. Armstrong Responded that the nature of the business is different in every state due to unique licensing issues; therefore, the company chose to create liability corporations on a state-by-state basis. Murray Asked how this company differs from Beverages And More. Mr. Armstrong Stated that 65 percent of his sales are in wine, 20 percent in spirits, and everything else rounds up to 100 percent; Beverages and More tends to be in thirds; Total Wine stores are much larger in square footage; Total Wine stores carry up to 8,000 wines; Beverages and More are at 3,000; Total Wine has a much greater emphasis on wine. Kozak Stated the fifth photograph in the group submitted by Mr. Thompson suggests a Friday, Saturday, Sunday schedule for wine tasting; and, questioned if the Tustin Market Place store would be similar. Mr. Armstrong Replied that wine tastings typically are held twice a month but perhaps more often during the bigger volume seasons such as October and November. Kozak Indicated that the information provided brought for him a greater level of comfort regarding the use; referred to Condition 2.15 regarding no outdoor storage except as approved by the Community Development Director; and, proposed the condition be amended to state "outdoor storage and displays." Mr, Armstrong Responded that he would not be opposed to that language; the lease will include such a restriction. Thompson Asked, regarding the limitation of classes or tastings, what number might be acceptable to include in the conditions. Mr. Armstrong Stated that the education classes would probably be a maximum of 20 per year, but the applicant would appreciate flexibility regarding the wine tasting which will be held twice a week at the most. Thompson Suggested that limiting the number of classes to 25 would allow the flexibility required. Mr. Armstrong Answered in the affirmative; and, added that from a business standpoint that would be acceptable. Director Stated that those kinds of things are difficult to monitor; if the nature of the use changes into a lounge, tavern, or bar versus what the Commission is being asked to approve this evening (wine tasting as an ancillary use to the primary use), the Commission would have Minutes -Planning Commission May 13, 2008 -Page 5 the ability to review and revoke the conditional use permit; this should be taken into consideration when considering attaching additional conditions of approval as related to the number of wine tasting events. Murray Suggested that the applicant seems diligent regarding proper identification being required; and, asked if there will be video surveillance in the store. Mr. Armstrong Answered in the affirmative. 7:36 p.m. The Public Hearing closed. Thompson Stated he appreciated the additional information and clarification; and, suggested that perhaps the Commission should make the five percent floor space a part of Condition 2.2. Nielsen Indicated that, based on the applicant's testimony, wine tasting will not be taking place three or four times a day; the Commission should allow flexibility for the applicant to promote wines as new products arrive; limiting the floor space is a wise approach. Kozak Agreed that the floor space standard being incorporated into the use restrictions would be the best protection; and, restated his request regarding the prohibition of outdoor displays. Murray Added that his concerns had been addressed, and he feels comfortable with the project. Puckett Asked the applicant if the use of "California Wine Wines and Spirits" means that the business will be primarily in California wines. Mr. Armstrong Responded that the business will include wines from all over the world. Murray Asked how soon the business might open. Mr. Armstrong Replied that everything depends upon obtaining building permits, but the hope is to open in Fall 2008. Nielsen Stated his opinion that this is a good use, with the restriction mentioned by Commissioner Kozak, and he supports the project. Director Provided the language to amend the conditions of approval. It was moved by Murray, seconded by Kozak, to approve Resolution No. 4090, as amended. Motion carried 5-0. Minutes -Planning Commission May 13, 2008 -Page 6 REGULAR BUSINESS 340 West Main, this 5. TUSTIN COMMENDATION NOMINATIONS - 340 West quarter Main Street and 200 South A Street. 200 South A Street, RECOMMENDATION: next quarter That the Planning Commission approve the nomination of 340 West Main Street or 200 South A Street to the City's Commendation Program. Commissioner Thompson recused himself from this item. Reekstin Presented a brief staff report. After a brief discussion, it was the consensus of the Commission to approve the nomination of the residence at 340 West Main for the present quarter and 200 South A Street for the next quarter. It was moved by Nielsen, seconded by Kozak, to approve the commendations as stated above. Motion carried 4-0. Commissioner Thompson returned to the dais. STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE MAY 6, 2008, CITY COUNCIL MEETING. Director reported The City Council approved the 2008-09 CDBG Funding Allocation; the application will be forwarded to the federal government. Reminded the Commissioners that the Housing Element Workshop is scheduled for May 21St in the Clifton Miller Community Center. Indicated that the next Planning Commission agenda will be quite heavy; and, asked the Commissioners if they would still like to have a tour beginning at 5:30 p.m. It was the consensus of the Commission that the tour should be postponed to a time when the agenda will be lighter. COMMISSION CONCERNS Thompson Referred to Item 8 on the City Council Action Agenda; and, asked whether or not there was a land use decision for the Planning Commission. Minutes -Planning Commission May 13, 2008 -Page 7 Director Answered that no map came before the Planning Commission; this was a merger of multiple lots into one lot and was taken directly to the City Council. Thompson Stated he attended the Tustin Preservation Conservancy's Second Annual Award Dinner, a great event that featured many businesses and homes that captured fine examples of restoration efforts; Linda Jennings and the rest of the Board should be commended. Reminded everyone that the Home and Garden Tour takes place this Saturday, May 17~'. Noted he is looking forward to being a part of the Chili Cook-off coming up June 6. Asked for a status report regarding the Old Town Guidelines that have been requested by the Commission; he noticed that Orange is having a workshop on standards and wondered if there might be any lessons learned from that. Director Responded that she has not seen what the City of Orange has put together; staff incorporated the guidelines in the budget request forwarded to the Finance Department and City Manager's office; a draft version was received from the Redevelopment Agency but that document is not complete enough for use at this time; a budgetary approval will be required in order to develop the guidelines. Kozak Congratulated Chair Nielsen and Chair Pro Tem Puckett for their respective reappointments. Commented on the momentum that seems to be building regarding Certificates of Appropriateness; and, thanked the property owners for their fine work. Noted he is looking forward to the Housing Element Workshop a week from tomorrow and to the Chili Cook-off, for which he has volunteered to be a chili taster/judge. Murray Offered his congratulations to Chair Nielsen and Chair Pro Tem Puckett. Indicated he attended the Grand Opening of Signature Celebrations in Old Town. Stated that Prospect Village is looking wonderful. Minutes -Planning Commission May 13, 2008 -Page 8 Murray continued Noted that he will also be a judge at the Chili Cook-off for the seventh year in a year. Added that he is looking forward to the 13tH State of the City event on Friday, June 6tH Puckett Congratulated Chair Nielsen on his reappointment; and, thanked his fellow Commissioners for reappointing him as Chair Pro Tem. Stated he attended the Water Summit on May 2 at South Coast Plaza Hotel which was very well attended and very informative. Congratulated Maria Lazaruk and Kim Leason on their election to the Tustin Community Foundation Board of Directors. Indicated that he, too, will be a judge at the Chili Cook-off. Asked if people are moving in at Prospect Village. Director Answered that one unit has been sold and there is a good prospect for a second sale. Puckett Agreed with Commissioner Murray that Prospect Village is a beautiful project. Stated he completed his 100-hole golf marathon in support of Hope University and was once again the top fundraiser for the event at $4,100. Nielsen Thanked Chair Pro Tem Puckett for his fundraising efforts and all he does for the community. Congratulated Chair Pro Tem Puckett on his reappointment; and, thanked his fellow Commissioners for their support and confidence in his ability to move things forward. Restated his concern regarding smoke shops near schools; and, asked for staffs update. Director Indicated that staff has done some distancing and plotting of sensitive uses, smoke shops, and uses that might qualify as smoke shops; research is continuing in this regard. Nielsen Asked if further information might be available within the next 30 days. Director Answered in the affirmative Minutes -Planning Commission May 13, 2008 -Page 9 Nielsen Noted that he, too, is looking forward to the Chili Cook-off. 8:02 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, May 27, 2008, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission May 13, 2008 -Page 10