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Home My WebLink About01 PC Minutes 9-22-09ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 22, 2009 7:00 p.m. CALL TO ORDER Given INVOCATION/ PLEDGE OF ALLEGIANCE Puckett Presented an "Honorary Planning Commissioner" badge to Luke Thompson, son of Commissioner Jeff Thompson. Chair: Kozak 1. PLANNING COMMISSION REORGANIZATION Chair Pro Tem: Murray At the September 8, 2009, meeting, the Planning Commission requested staff identify possible revisions to the current Planning Commission reorganization policy, including an alternative to schedule Planning Commission reorganization with the fiscal year. Four options are presented in the staff report. Staff recommends that the Planning Commission provide direction as to which Planning Commission reorganization option should be followed. In the event that the Planning Commission chooses to reorganize at this time, the Commission should undertake the following actions: a. A Commissioner should open nominations for Chairperson. b. The Commissioner should then close nominations and call for a vote for Chairperson. The new Chairperson will open nominations for Chairperson Pro Tem. Nominations should be closed, and the Chairperson should call fora vote for the Chairperson Pro Tem. , RECOMMENDATION: Pleasure of the Commission. Motion: It was moved by Kasalek, seconded by Thompson, to reorganize this evening and again in March 2010. Motion carried 5-0. Motion: It was moved by Murray, seconded by Kasalek, to select Commissioner Kozak as Chairperson. Motion carried 5-0. Minutes -Planning Commission September 22, 2009 -Page 1 Motion: It was moved by Thompson, seconded by Puckett, to select Commissioner Murray as Chairperson Pro Tem. Motion carried 5-0. ROLL CALL Present: Chair Kozak, Chair Pro Tem Murray Commissioners Kasalek, Puckett, and Thompson Staff present Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director David Kendig, Assistant City Attorney Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Ryan Swiontek, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved alternate 2. APPROVAL OF MINUTES - SEPTEMBER 8, 2009, version, including PLANNING COMMISSION MEETING. language requested by Commissioner Thompson Motion: It was moved by Thompson, seconded by Murray, to approve the version of the September 8, 2009, Planning Commission minutes that included a detailed list of the Planning Commission's reasons for continuing the item. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution No. 3. CONTINUED CODE AMENDMENT 09-003 AND DESIGN 4126, as amended REVIEW 09-004 REQUESTING AUTHORIZATION TO CONSTRUCT A SELF-SERVICE CARWASH IN CONJUNCTION WITH AN EXISTING SERVICE STATION AND FOOD-MART (DR 09-004); AND 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). THIS PROJECT IS LOCATED AT 3017 EDINGER AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. Minutes -Planning Commission September 22, 2009 -Page 2 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 a self- service carwash located at 3017 Edinger Avenue; and, Planning Commission discussion ensued. The Public Hearing opened at 7:40 p.m. Peter Buffa, applicant's representative, referred to the documents he submitted for the Planning Commission's consideration, including: • The submitted informal parking study shows no problem at this site; there are 12 spaces under the canopy where customers can leave their vehicles while going in the mini-mart; the calculation of 22 spaces by Mr. Patel is inaccurate; as calculated by staff, it is 15 spaces; • Aself-service carwash such as Mr. Patel's is different from an express drive-through carwash; • The canopy is not counted as part of the structure when calculating square footage; the applicant is at least 2,000 feet under the allowable square footage; • The aerial photo provided in the staff report clearly shows the setbacks are jagged throughout the area; • This will be a marked visual improvement to the existing structure; • A landscape plan will be submitted according to the conditions; • The carwash will not be operated 24 hours a day; Minutes -Planning Commission September 22, 2009 -Page 3 • There are 26 or 28 business in the Center; 24 signed the letter of support submitted on behalf of the applicant. The following spoke in opposition to the project: • William Caplin, 3 Heartwood Way, Tustin 92780 • Kal Patel, 3017 Edinger, Tustin 92780 • John Carmichael, Patel's attorney, 9 Calico, Irvine 92614. The Public Hearing closed at 8:42 p.m. Further Planning Commission discussion ensued. Commission Thompson requested modifications to Resolution No. 4126 as follows: • Item I should include recognition that prior CUPs allowed the 18-foot setback; letter of support and date; the parking survey provided by the applicant; prior existence of a drive through. Conditon 2.3, item 2, language should be added indicating that the landscaping be layered to hide the building, 48 box trees replace the trees lost, and that the mature tree should be saved if at all possible. • Condition 2.11 should include language clarifying that all the approvals by the Association for parking and plan approvals be prior to the issuance of any permits. Motion: It was moved by Thompson to adopt Resolution No. 4126, with the suggested modifications, seconded by Murray. Motion carried 5-0. Adopted Resolution No. 4. CONTINUED CODE AMENDMENT 09-005: ORDINANCE 4121, as amended 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. Minutes -Planning Commission September 22, 2009 -Page 4 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4121. Planning Commission discussion ensued. The Public Hearing opened at 9:20 p.m. There were no speakers. The Public Hearing closed. Motion: Thompson moved that Resolution No. 4121 be approved, with the modification he suggested regarding Exhibit B, seconded by Puckett. Motion carried 5.0. None REGULAR BUSINESS STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 15, 2009, CITY COUNCIL MEETING. Director referred to Interim Urgency Ordinance No. 1371 regarding massage establishments and therapists; a permanent ordinance will be brought back to the Planning Commission and City Council. COMMISSION CONCERNS Thompson Asked if staff could provide follow-up regarding the ATEP sign issue on Red Hill. • Reiterated ,his request for an overview of recent Zoning Administrator actions. • Congratulated new Chair Kozak and Chair Pro Tem Murray and thanked former Chair Puckett for his leadership and patience. • Viewed, along with many of his colleagues, the "Titans of History video presentation yesterday, which was extremely interesting and informative. • Thanked Commissioners Kasalek and Murray for providing the Honorary Badge to Luke. Puckett Added his congratulations to Chair Kozak and Chair Pro Tem Murray. • Stated it was his pleasure to serve as Chair of this fine group of Commissioners. • Played in the Tustin Chamber of Commerce Golf Tournament, along with Commissioner Thompson. • Attended the "Titans of History" presentation; Peter Buffa was instrumental in that production. • Noted it was good to see Colonel Hammerle as part of the presentation. Minutes -Planning Commission September 22, 2009 -Page 5 Puckett continued Reminded everyone that Tiller Days takes place October 2, 3, 4. • Stated he missed the last meeting because he was traveling in Minnesota, North Dakota, and Wisconsin during which his quest to visit all 50 states was satisfied. • Indicated that the Mayor's Breakfast has been announced for November 19 and will be held at the Salvation Army facility on Tustin Ranch Road; Gaddy Vasquez will be the speaker; George Vallevieni will be displaying the newly refurbished Santa Sleigh; the Tustin Community Foundation contributed funds to this effort. Kasalek Indicated she also attended the "Titans of History" event; it was outstanding; she considers the hangars to be a great source of pride in this community. • Stated that the Fire Station on Jamboree will hold an Open House on October 4; this is always a wonderful event. • Thanked outgoing Chair Puckett and congratulated the new Chair and Chair Pro Tem. Murray Complimented former Chair Puckett for his leadership and hard work. • Thanked his colleagues for appointing him Chair Pro Tem. • Congratulated "Honorary Planning Commissioner" Luke Thompson and noted this honor was Commissioner Kasalek's idea. • Thanked staff for their hard work. • Thanked the members of Fire Station 21 and the Tustin Police Department for coming to the aid of his wife while he was away. Kozak • Thanked his colleagues for selecting him as Chair. • Congratulated Chair Pro Tem Murray • Thanked Commissioner Puckett for his hard work as Chair. • Added his comments regarding the "Titans of History" presentation. Adjourned the meeting In memory of Mark Jeffries Son of City Treasurer George Jeffries and his wife Elouise Husband of GleeAnne Father of sons Mark, Jr. and Nathan Brother of sisters Ellen, Karen, and Ann 9:37 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, October 13, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission September 22, 2009 -Page 6