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Home My WebLink AboutPC Minutes 08-25-09MINUTES 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 Approved, with the 1. APPROVAL OF MINUTES -AUGUST 11, 2009, PLANNING correction requested by COMMISSION MEETING. Chair Puckett Puckett Asked that the date of the Puckett anniversary be corrected from August 19 to August 21. Motion: It was moved by Commissioner Murray, seconded by Chair Puckett, to approve the Consent Calendar, as corrected. Motion carried 4-0. 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 Minutes -Planning Commission August 25, 2009 -Page 1 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). Staff report presentation by Ryan Swiontek, Associate Planner. Peter Buffa, 2824 Nevis Circle, Costa Mesa, the authorized representative for the property owner and current operator, spoke on behalf of the applicant. The Public Hearing opened at 7:40 p.m. Kal Patel, 3091 Edinger Avenue, spoke in opposition to the project. There were no additional speakers and the Hearing closed at 7:54 p.m. Planning Commission discussion ensued. Minutes -Planning Commission August 25, 2009 -Page 2 Mation: It was moved by Commissioner Murray, seconded by Commissioner Thompson, to continue this item to the September 22, 2009, Planning Commission meeting in order to allow staff to address a number of issues, including parking, noise, sight distance on Edinger to the driveway entrance, landscaping, etc. Adopted Resolution 3. CONDITIONAL USE PERMIT 09-015 REQUESTING No. 4130, denying AUTHORIZATION TO ESTABLISH AND OPERATE A the request CONVENIENCE STORE. THIS PROJECT IS LOCATED AT 13842 NEWPORT AVENUE IN THE COMMERCIAL GENERAL (CG) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4130 denying Conditional Use Permit 09-015. Staff report presentation by Ryan Swiontek, Associate Planner. The Director pointed out minor corrections to the resolution. Mr. and Mrs. Patel, applicants, asked why businesses such as Blockbuster and Office Depot are allowed to sell food items but convenience stores are not. The Public Hearing opened at 8:28 p.m. There were no additional speakers. The Hearing closed at 8:29 p.m. Planning Commission discussion ensued. Commissioner Thompson requested that the Findings be amended to include the dates of all the citations issued to the applicant. Motion: It was moved by Commissioner Murray, seconded by Commissioner Thompson, to adopt Resolution No. 4130, as amended. Motion carried 4-0. The Director noted this is an appealable item; any appeal must be received before 5:30 p.m., September 1, 2009. 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 Sl`ANDARDIZE 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 Minutes -Planning Commission August 25, 2009 -Page 3 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. Planning Commission discussion ensued. Commissioner Thompson requested that the proposed changes be more clearly delineated for the Commissioners' clarification and understanding. Motion: It was moved by Commissioner Thompson, seconded by Commissioner Murray, to continue this item to the September 22, 2009, Planning Commission meeting. None REGULAR BUSINESS COMMISSION CONCERNS Thompson Attended the Marconi Museum Open House and 15-year Anniversary celebration, the Chamber Business and Economic Development Council meeting on August 13th, and the OCTA Citizens Advisory Committee meeting August 18th • 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 6tn grade. Kozak Attended the Library opening, the Enderle Car Show, and the Pine Tree Park re-opening. Minutes -Planning Commission August 25, 2009 -Page 4 Kozak continued 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. St ak Chairperson Pro Tem ~.~-,~ Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission August 25, 2009 -Page 5