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HomeMy WebLinkAboutPC Minutes 01-13-09MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION `" JANUARY 13, 2009 7:00 p.m. CALL TO ORDER Given INVOCATION AND PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Puckett Chair Pro Tem Kozak Commissioners Kasalek, Murray (arrived late), Thompson Staff present Elizabeth A. Binsack, Community Development Director Christine Shingleton, Assistant City Manager David Kendig, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Brad Steen, Code Enforcement Officer Khaya Breskin, Police Officer Eloise Harris, Recording Secretary PUBLIC CONCERNS Chair Puckett congratulated his grandson, Rory Dotson, who will celebrate his 10th birthday tomorrow. CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - DECEMBER 9, 2008, PLANNING COMMISSION MEETING. It was moved by Thompson, seconded by Kasalek, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Taken out of order 3. ZONE CHANGE 08-003 - AMENDMENTS TO THE PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT Adopted Resolution REGULATIONS TO AMEND THE PROSPECT VILLAGE Nos. 4109, 4110 PLANNED COMMUNITY DISTRICT REGULATIONS TO: 1) Minutes -Planning Commission January 13, 2009 -Page 1 ALLOW COMMERCIAL SERVICE USES AND CERTAIN OFFICE USES, AS WELL AS RETAIL USES, IN ALL SIX (6) OF THE LIVE-WORK UNITS FACING PROSPECT AVENUE; (2) ALLOW VARIOUS FOOD-RELATED USES TO SATISFY A REQUIREMENT THAT A MINIMUM OF FIFTY (50) PERCENT OF THE GROUND FLOOR OF THE MAIN STREET COMMERCIAL BUILDING CONSIST OF FOOD-RELATED USES; AND, 3) ALLOW OPTOMETRISTS AND OPTICIANS. OTHER MINOR AMENDMENTS ARE ALSO PROPOSED. THIS PROJECT IS LOCATED AT 191 EAST MAIN STREET AND 270-292 PROSPECT AVENUE IN THE PLANNED COMMUNITY (PC) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission: a. Adopt Resolution No. 4109, recommending that the City Council adopt findings that Zone Change 08-003 is within the scope of the previously approved Prospect Village Final Environmental Impact Report (FEIR). b. Adopt Resolution No. 4110, recommending that the City Council approve Ordinance No. 1361 adopting amendments to the Prospect Village Planned Community District Regulations (Zone Change 08- 003), attached to the draft ordinance as Exhibit 1. 7:05 p.m. The Public Hearing opened. Thompson Recused himself and left the dais. Reekstin Presented the staff report. Puckett Invited the applicant to the lectern. John Tillotson, Thanked staff for considering this zone change; given the dire Prospect Village economic situation, the more flexibility allowed for obtaining renters or purchasers of these homes, the more it will help get through these difficult times. Puckett Noted that he toured the project, which is a gorgeous addition that will benefit Old Town Tustin. Minutes -Planning Commission January 13, 2009 -Page 2 Mr. Tillotson Stated that it has been a special privilege working in Tustin; this has been an unfortunate matter of timing and the market place. Linda Jennings, Stated her concern that this zone change will set a precedent; she 350 South B Street has received many calls from buyers who want to purchase homes in Old Town Tustin for professional use who are disappointed when told the zoning ordinance does not allow that use; she also receives inquiries from people who want to move professional offices into Old Town and are disappointed learn Old Town is zoned for retail; if the zoning for Prospect Village continues to be changed, that precedent will change the established policy; the Commission should maintain the zoning as it is; many favors have already been granted to Prospect Village; the price on the units is very high compared to the prices of other homes in Old Town; perhaps that could be flexed by the owner; it is not always appropriate during hard times to change zoning. Brent Ferdig, Noted his concern regarding the zone change; the first floor retail 140 South Myrtle component was designed to bring retail businesses to Old Town; three of the six units along Prospect were rezoned to commercial or professional use; it does not appear that any of those have been sold; there are currently two sold signs, both for dwellings on the alley; he believes it is inappropriate to change the zoning for marketing reasons at least until the existing three have been sold and people are waiting to buy the other three; decisions made today should be for the long time for the residents of Old Town and everyone in the community. 7:15 p.m. Commissioner Murray arrived. The Public Hearing closed. Kozak Stated that he appreciates the concerns stated by Ms. Jennings and Mr. Ferdig and thanked them for addressing the Commission; the concerns regarding precedent are valid; at the same time, it is important that the project be successful in the long term; this is a unique project and opportunity for Old Town; the Commission needs to do its part to bring about success; this zone change is a step in the right direction and should be moved forward. Kasalek Indicated her agreement; with the economy as it is, the marketability of everything has suffered; and, asked if the three units with changed zoning have been sold. Mr. Tillotson Answered in the negative. Murray Apologized for being late; he considered this project carefully; concerns regarding precedent-setting may be valid, but these are Minutes -Planning Commission January 13, 2009 -Page 3 unusual economic times; as long as the changes do not create hardships, it is important that this project be successful; it will add vitality to Old Town. Puckett Agreed with his colleagues; and, asked for a motion. It was moved by Murray, seconded by Kasalek, to adopt Resolution Nos. 4109 and 4110. Motion carried 4-0. Thompson Returned to the dais. Adopted Resolution 2. CONTINUED FROM DECEMBER 9, 2008, PLANNING No. 4106 COMMISSION MEETING -CODE AMENDMENT 08-004 (ORDINANCE 1360) On March 18, 2008, the City Council was provided with a staff report that discussed the issues associated with the abatement of shopping carts. Staff provided the Council with the City of Westminster's policy on shopping carts. Council directed staff to implement a similar program. Based on that direction, staff prepared Code Amendment 08-004 to adopt new shopping cart regulations. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4106 recommending that the Tustin City Council approve Ordinance No. 1360 amending Article 5 Chapter 9 of the Tustin City Code establishing updated regulations for the abatement of the shopping cart nuisance. 7:20 p.m. The Public Hearing opened. Thomas Presented the staff report. Thompson Asked if the PowerPoint presentation was the same one that was referenced on page 7 of the staff report as presented to the City Council Director Suggested that Councilmember Bone was interested, as he has been for several years, in this issue and the concern to the broader community; he had read that the City of Westminster adopted an ordinance; he was interested in their procedures and asked staff to bring the Westminster Ordinance to the Council, which staff did, as a report. The Council directed staff do an analysis of that ordinance, perform outreach into the community and Chamber. Minutes -Planning Commission January 13, 2009 -Page 4 Thompson Referred to Exhibit B which lists the businesses in the City that I have carts; in staff's analysis of the situation, was there one 5 ~~ particular business losing most of the carts or more of a uniform situation among the retailers on the list. Thomas Stated there was not one specific offender; this is a city-wide problem for any business with 10 or more carts; the ordinance is designed for consistency throughout the City. Director Added that staff has also found carts from stores that are not located within the Tustin community; there is no way to know if these carts are traveling from other communities or stores in the community who use carts that are not affiliated with their stores. Thompson Asked what has been the cost for the City to administer cart enforcement. Thomas Responded that this is not just a code enforcement issue, but also a public safety police issue; code enforcement officers collect 20-30 carts per month including the carts the public safety officers are collecting, storage fees, etc. the cost can be large. Thompson Suggested that it may be hard to quantify. Director Added that there is a significant amount of paperwork depending on how the cart is handled; if the cart is left for three days, a notification made, and the cart does not move that would involve one set of issues; if the cart is impounded and a notification sent, that is another set of circumstances; if one assumes the lowest common denominator at $30-$50 per cart times 30 carts per month, it adds up; there are probably another 20-30 carts that remain unattended which the staff may not see, end up in storm drains, ditches, etc. Thompson Indicated he was particularly interested in the section of the report that stated the City of Westminster had positive feedback from the retailers after the ordinances were put in place; and, asked if there were more specifics staff could provide regarding the receptiveness of the retailers. Thomas Answered that the code enforcement officer from Westminster indicated that by applying the ordinance consistently and unilaterally through the city, it allowed the retailers to implement these measures without having people go down the street to a store that did not have locking mechanisms. Minutes -Planning Commission January 13, 2009 -Page 5 Thompson Referred to the cost to retrofit carts being between $5,000 and $20,000. Thomas Answered those figures were correct; stores can also work together with another store close by to collaborate on a system. Director Added that would require that the retailers have similar technology; the ordinance would not require them to have such technology; the example was provided to show the effectiveness of that technology. Thompson Asked what the appeal fee would be if one were filed today. Director Replied that the appeal fee is set by resolution of the City Council and has not been established. Kasalek Asked what type of barriers would exist if this ordinance were to be approved. Thomas Answered that the ordinance is written to include barriers around the perimeter of the property; another option would be the carts stopping at the door with acarry-out system or other alternatives; one of the options would be take-away carts for transporting. Kasalek Asked if there would be a timeframe for implementation once a plan has been approved. Thomas Indicated that the ordinance refers back to Section 9272 of the Tustin City Code which is a standard process for a design review; the cart plan would be reviewed similarly with the same timeline. Kasalek Stated it was her concern that no hardship be placed on retailers during these difficult economic times and that some flexibility be allowed. Director Noted that Section 9272 allows a year to implement such applications. Kasalek Asked, regarding any revocation, if there are complexes or centers that have generic carts for the entire center and not store specific. Director Stated that most carts are store specific. Murray Questioned whether any locations had a business plan submitted by a business association rather than individual stores. Minutes -Planning Commission January 13, 2009 -Page 6 ~ Director Indicated that such a plan would be taken into consideration if all the businesses within a center could be incorporated into the plan; f a large center in Irvine has such a plan. Murray Asked if it would be helpful for code enforcement or public safety to add anything to this discussion. Khaya Breskin, Stated the costs were discussed regarding citations and whether Police Officer this should be through the Municipal Code or the Business and Profession Code; due to the resources it takes for the citation process for an infraction or misdemeanor, the cost goes through the County; the City has a contract with the County to process the paperwork; the City pays per incident; City Attorney costs are paid on a hourly basis; each time there is an incident, significant costs and officer time are involved. Murray Asked if there are resources available for the retailers to find examples of cart-containment draft plans. Thomas Provided information to the Planning Commissioners that she found online regarding a local company that provides acart-containment system. Kozak Thanked staff for this evening's report and slide show and also for the time spent answering his questions earlier in the day to address some of his concerns regarding the ability of this ordinance to move forward and address the blight issue; this ordinance seems to be a model that works in other communities; this ordinance is responsive to Councilmember Bone and the Council's call to action to help address this issue; he endorses the ordinance and encourages staff to provide information on the City's website to make it easy for the retailers to implement the process. Puckett Asked if anyone else wished to speak. Teresa Bell, 2201 Stated that she manages TJ Maxx which has two stores in the City; Dupont Dirve and, asked for clarification whether or not an electronic device would be required; that would be very expensive for a store the size of hers. Puckett Asked staff for a response. Thomas Stated that the installation of physical measures does include the disability devices on all carts either at the perimeter or physical barriers located at the doors, around loading areas, or other defined Minutes -Planning Commission January 13, 2009 -Page 7 perimeters; stores can coordinate with other businesses to implement this requirement. 7:55 p.m. Commission The Public Hearing closed. It was the consensus of the Commission that ordinance should be passed as a means to alleviate the shopping cart blight. It was moved by Thompson, seconded by Kozak, to adopt Resolution No. 4106, with the correction noted by staff. Motion carried 5-0. REGULAR BUSINESS Received and filed 4. 2008 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT The Annual Report summarizes the City's historic preservation efforts and describes how the City met all of the minimum requirements of the Certified Local Government program during the 2007/2008 report period. RECOMMENDATION: That the Planning Commission receive and file this report It was moved by Murray, seconded by Kozak, to receive and file the report. Motion carried 5-0. STAFF CONCERNS Nothing to report 5. REPORT OF ACTIONS TAKEN AT THE JANUARY 6, 2009, CITY COUNCIL MEETING. COMMISSION CONCERNS Thompson Wished everyone a Happy New Year. Reminded staff that there are two items he would like revisited during the coming year: 1) further education from staff regarding the processing of massage parlor conditional use permits, and 2) status of the Legacy, especially regarding the current economy. Minutes -Planning Commission January 13, 2009 -Page 8 Thompson Stated he attended an Orange County Business Council meeting continued during which the Infrastructure Committee discussed the current conditions of the State, Caltrans transportation projects, etc. and the expected financial impacts of recent developments. Murray Wished everyone a Happy New Year; and, added that he looks forward to a great year with a great Commission. Asked everyone to keep in mind the upcoming Martin Luther King holiday, Monday, January 19, and the importance of equality in our country. Kozak Wished everyone present and those who may be watching a Happy New Year. Indicated that, while 2009 may be a challenging year, he looks forward to working with his colleagues and staff to serve the City Council and members of the community. Kasalek Wished everyone a Happy New Year. Stated she attended the ceremony at Tustin High School honoring Mike Cavic who raced against Michael Phelps in the 100 meter butterfly and who was a close friend of one of her sons; it was nice ~~..~ to see John Nielsen present a proclamation from the City. Indicated that it was very nice to see Alison Kaprielian win the contest that gave her the opportunity to sing with Miley Cyrus. Reminded everyone how fortunate Tustin is to have such good schools and so many fine students attending them. Puckett Wished everyone Happy New Year. Reminded everyone that the Mayor's Inaugural Dinner, the social event of the year, takes place February 5 at the Tustin Ranch Golf Course; the Tustin Conservancy can be contacted for tickets to the event. Congratulated Officer George Vallevieni on another great year of running the Santa Sleigh program. Stated he wished to adjourn in honor of Pastor Steve Willis of the First Christian Church of Irvine, who died last week of cancer at age 65; his wife died at age 48, so their daughters have now lost both their parents; Steve did a tremendous service for the City of Irvine Minutes -Planning Commission January 13, 2009 -Page 9 in founding Church Row; he was a Chaplain at Irvine Regional Hospital and also for the Orange County Fire Authority; he left a fine legacy and made the world a better place. 8:12 p.m. ADJOURNMENT In Memory of Pastor Steve Willis First Christian Church Irvine The next regular meeting of the Planning Commission is scheduled for Tuesday, January 27, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. n ~~ _ _ Charles E. Puckett Chairperson Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission January 13, 2009 -Page 10