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Home My WebLink About04 PC ACTION AGENDA 8/1/09 AND 8/25/09 09-01-09TUSTIN Agenda Item 4 Reviewed: City Manager V :: ,:~ AGENDA REPORT Finance Director NIA ,' Ru...~. BUILDING OUR FUTURE HONORING OUR PAST MEETING DATE: SEPTEMBER 1, 2009 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: PLANNING COMMISSION ACTION AGENDA ACTION AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION AUGUST 11, 2009 7:00 p.m. CALL TO ORDER Given INVOCATION/ PLEDGE OF ALLEGIANCE ROLL CALL: Present: Chair Puckett Chair Pro Tem Kozak Commissioners Murray and Thompson Absent: Commissioner Kasalek Staff present Elizabeth A. Binsack, Community Development Director David Kendig, Assistant City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Reina Kapadia, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES -JULY 28, 2009, PLANNING COMMISSION MEETING. Action Agenda -Planning Commission August 11, 2009 -Page 1 2. TUSTIN HISTORIC REGISTER PLAQUE PROGRAM CRITERIA At the June 9, 2009, Planning Commission meeting, Commissioner Thompson requested that the Commission consider establishing specific criteria for the historical property names placed on the plaques. The Planning Commission discussed a list of proposed criteria at their meeting of July 28, 2009, and provided direction to staff which is reflected in the attached resolution. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4124 establishing criteria for the historical property names placed on plaques obtained through the City's Historic Register Plaque Program. 3. ACTION MINUTES FOR PLANNING COMMISSION MEETINGS At the July 21, 2009, City Council meeting, the Council directed the City Clerk to prepare Action Minutes of all City Council meetings prospectively. As such the various City Boards and Commissions will receive Minutes similar to those of the City Council. Motion: It was moved by Commissioner Murray, carried 4-0. Commissioner Thompson, seconded by to approve the Consent Calendar. Motion PUBLIC HEARINGS Adopted 4. CONDITIONAL USE PERMITS CUP 09-009 AND 09-020 Resolution Nos. 4122, REQUESTING AN AMENDMENT TO A JOINT-USE as amended, and 4123 PARKING ANALYSIS TO ALLOW FOR SHARED PARKING AMONG BUSINESSES WITHIN THE EL CAMINO PLAZA SHOPPING CENTER (CUP 09-009); AND, TO ACCOMMODATE THE ESTABLISHMENT OF A RESTAURANT/BAKERY IN A 4,000 SQUARE FOOT TENANT SPACE WITH ON-SITE BEER AND WINE SALES AT THE RESTAURANT (CUP 09-020). THE PROJECT IS LOCATED AT 600-604 EL CAMINO REAL IN THE CENTRAL COMMERCIAL WITH COMBINING PARKING OVERLAY (C-2 P) ZONING DISTRICT. Action Agenda -Planning Commission August 11, 2009 -Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4122 approving Conditional Use Permit 09-009 and Resolution No. 4123 approving Conditional Use Permit 09-020. Motion: It was moved by Commissioner Thompson, seconded by Commissioner Kozak, to adopt Resolution No. 4122, as amended, and Resolution No. 4123. Motion carried 4-0. Continued to 5. CODE AMENDMENT 09-005: ORDINANCE 1366 - August 25, 2009 STANDARDIZED APPEAL PROVISIONS/MINOR TEXT CORRECTIONS OF THE TUSTIN CITY CODE TO STANDARDIZE VARIOUS APPEAL PROVISIONS AND IMPLEMENT MINOR TEXT CORRECTIONS. The Tustin City Code has been amended many times over the years. Because of the various code amendments, procedural inconsistencies have been gradually introduced to the process of appealing actions. The proposed code amendments will standardize all related appeal filing deadlines, establish an appeals board hierarchy that is consistent from application to application, and amend other sections of the Zoning Code that are no longer applicable or relevant. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4121. REGULAR BUSINESS Approved and 6. TUSTIN HISTORIC REGISTER NOMINATION - 350 SOUTH selected "Slusser MYRTLE AVE. House" RECOMMENDATION: That the Planning Commission approve the nomination of 350 South Myrtle Avenue to the Tustin Historic Register Plaque Designation Program and select the most appropriate historical name an date of construction for the property. Motion: It was moved by Commissioner Murray, seconded by Commissioner Kozak, to approve the nomination and staff's recommendation regarding the historical name. Motion carried 4-0. Action Agenda -Planning Commission August 11, 2009 -Page 3 STAFF CONCERNS 7. REPORT OF ACTIONS TAKEN AT THE AUGUST 4, 2009, CITY COUNCIL MEETING. Director • There was a presentation regarding adoption of the retail water rates and the City's water infrastructure system; no decision was made; the item was continued to the first Council meeting in September. • The Council adopted an Interim Urgency Ordinance regarding massage establishments and therapists related to the City's Business License Ordinance; within 45 days staff will bring back the Ordinance with permanent regulations for the City. • A wireless communications master plan was negotiated by and between the Redevelopment Agency and ATS Communications. COMMISSION CONCERNS Thompson • Congratulated the Tustin Area Senior Center and the the staff involved with that facility; he attended the 20t" anniversary celebration which was wonderful; • Visited the waste facility in Irvine and was surprised by how well it operates; • Asked staff to bring the banner at the ATEP facility into compliance. Murray Thanked staff for following up on the Code Enforcement issues on First Street; • Noticed there is a residence at 235 Myrtle that needs maintenance; • Thanked staff for the update on SB 731; • Attended the last concert in the park at which Chair Puckett was handing out checks on behalf of the Tustin Community Foundation. • Congratulated Mayor Davert for his appointment to the Chair of the Orange County Fire Authority; • Attended the badge ceremony for the new Fire Chief; • Enjoyed the Senior Center celebration; special kudos to Dave Wilson, Director of Community Services, and Marilyn Esposito, Recreation Supervisor; • Upcoming events: the Tustin Police Department's promotional ceremony this Thursday afternoon; ribbon-cutting for the new library, August 19; also on August 13: the retirement of Captain Garcia and Lieutenant Stickles from Tustin PD, two personal friends and very nice gentlemen; the Enderle Center classic car show. Action Agenda -Planning Commission August 11, 2009 -Page 4 Kozak Added compliments to staff regarding plaque program criteria; • Thanked staff for the First Street follow-up; there is a banner on the former Econo Lube site that reads "Now Available." Director The property is available; a demolition permit has been issued; because it is a Code Enforcement action, the property owner has been notified to move forward within 30 days. Kozak • The Tustin Western Little League won the Southern California State Division 3 championship; • Former Mayor Tracy Worley Hagen's son, Dane, helped the O.C. Riptides volleyball team to a national championship; former Mayor Worley Hagen won, with her teammate Susan Wright, the Women's Doubles 50-over Grass Court National Championship in Forest Hills, NY. Puckett • Noted that former Planning Commissioner and current City Councilmember John Nielsen was in the audience; • Stated he could not attend the Senior Center anniversary; he was out of town; • An indication of the economic downturn might be the fact that on Rancho California in Temecula a huge Home-Finding Center now displays a "For Lease" banner; • Indicated it was a pleasure to present four checks to deserving service clubs and the Tustin High School dance team; • August 19t" is also the Pucketts' 44t" wedding anniversary; wished his wife, Donna, "Happy Anniversary." 7:47 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 8, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Action Agenda -Planning Commission August 11, 2009 -Page 5 TUSTIN Agenda Item 4 Reviewed: City Manager __~ AGENDA REPORT Finance Director NIA ~ W RI_:_..: BUILDING OUR FUTURE HONORING OUR PAST MEETING DATE: SEPTEMBER 1, 2009 TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: PLANNING COMMISSION ACTION AGENDA ACTION AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION AUGUST 25, 2009 7:00 p.m. CALL TO ORDER Given INVOCATION/ PLEDGE OF ALLEGIANCE ROLL CALL: Present: Chair Puckett Chair Pro Tem Kozak Commissioners Murray and Thompson Absent: Commissioner Kasalek Staff present Elizabeth A. Binsack, Community Development Director David Kendig, Assistant City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Khaya Breskin, Tustin Police Department Ryan Swiontek, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Action Agenda -Planning Commission August 25, 2009 -Page 1 Approved, with the 1 correction requested by Chair Puckett APPROVAL OF MINUTES -AUGUST 11, 2009, PLANNING COMMISSION MEETING. PUBLIC HEARINGS Continued to second 2. CODE AMENDMENT 09-003, CONDITIONAL USE PERMIT meeting in September 09-004, AND DESIGN REVIEW 09-004 REQUESTING AUTHORIZATION TO CONSTRUCT A SELF-SERVICE CARWASH IN CONJUNCTION WITH AN EXISTING SERVICE STATION AND FOOD-MART (DR 09-004); TO REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM 30 FEET TO 15 FEET IN THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS (CA 09-003); AND, TO ALLOW AN UPGRADE OF AN EXISTING ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE FOR THE SALE OF GENERAL ALCOHOL FOR OFF-SITE CONSUMPTION (CUP 09-004). THIS PROJECT IS LOCATED AT 3017 EDINGER AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4126 recommending that the City Council: a. Adopt findings that the project is within the scope of the previously approved Negative Declarations for Jamboree Plaza; b. Adopt Ordinance No. 1370 approving Code Amendment 09- 003 to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen 915) feet within the Jamboree Plaza Planned Community District Regulations; c. Approve Design Review 09-004 to establish aself-service carwash located at 3017 Edinger Avenue; and, d. Approve Conditional Use Permit 09-004 by amending Conditional Use Permit 98-013 to allow for the sale of general alcoholic beverages for off-site consumption (ABC Type 21 License). Denied 3. CONDITIONAL USE PERMIT 09-015 AUTHORIZATION TO ESTABLISH AN CONVENIENCE STORE. THIS PROJECT 13842 NEWPORT AVENUE IN THE GENERAL (CG) ZONING DISTRICT. REQUESTING D OPERATE A IS LOCATED AT COMMERCIAL Action Agenda -Planning Commission August 25, 2009 -Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4130 denying Conditional Use Permit 09-015. Continued to second 4. CONTINUED CODE AMENDMENT 09-005: ORDINANCE meeting in September 1366 - STANDARDIZED APPEAL PROVISIONS/MINOR TEXT CORRECTIONS OF THE TUSTIN CITY CODE TO STANDARDIZE VARIOUS APPEAL PROVISIONS AND IMPLEMENT MINOR TEXT CORRECTIONS. The Tustin City Code has been amended many times over the years. Because of the various code amendments, procedural inconsistencies have been gradually introduced to the process of appealing actions. The proposed code amendments will standardize all related appeal filing deadlines, establish an appeals board hierarchy that is consistent from application to application, and amend other sections of the Zoning Code that are no longer applicable or relevant. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4121. None REGULAR BUSINESS: COMMISSION CONCERNS: Thompson . Attended the Marconi Museum Open Hous Anniversary celebration, the Chamber Business Development Council meeting on August 13tH Citizens Advisory Committee meeting August 18tH e and 15-year and Economic and the OCTA • Congratulated Parks and Recreation on the wonderful rehabilitation of Pine Tree Park. Murray • Thanked staff for their hard work on this evening's reports. • Attended the Tustin Police Department promotional ceremony and the retirement party for Captain Joe Garcia and Lieutenant Joe Stickles, celebrating their combined 60 years of public service; the Marconi Museum function; the Library opening; the Pine Tree Park re-opening; the Irvine Exchange Club meeting at which Mayor Pro Tem Amante provided a presentation on keeping Orange County moving. • Congratulated his daughter, Lili, who recently was promoted to 6tH grade. Action Agenda -Planning Commission August 25, 2009 -Page 3 Kozak Attended the Library opening, the Enderle Car Show, and the Pine Tree Park re-opening. • Noted that former Mayor Jeff Thomas was recently appointed to District 6 of the Metropolitan Water District of Orange County. • Asked staff for the pros/cons of the current Tustin City Code regarding smoke shops. Director Indicated that staff has been doing research and will bring that information back to the Planning Commission. Puckett • Attended the Broadway in the Park Anything Goes production, the Library opening, the Marconi function, the Pine Tree Park re- opening, and the ribbon-cutting today for Barr Homes and State Farm Real Estate. • Congratulated TACFA for the phenomenal quality of the production of Anything Goes, which was very professional. • Noted he recently dined at the Blue Water Grill, an excellent restaurant in The District. • Offered his congratulations to Lili Murray on her promotion. Murray Adjourned the meeting in honor of Sergeant Duane Havourd, Tustin Police Department, who was involved in a motorcycle accident last Saturday; please keep him in your prayers. 9:15 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 8, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Action Agenda -Planning Commission August 25, 2009 -Page 4