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Home My WebLink AboutPC Minutes 02-23-10MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 23, 2010 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE -Chair Kozak ROLL CALL: Present: Chair Kozak Chair Pro Tem Murray Commissioners Kasalek, Puckett, and Thompson Staff present Elizabeth Binsack, Community Development Director David Kendig, Assistant City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Amy Thomas, Senior Planner Ryan Swiontek, Associate Planner Khaya Breskin, Tustin Police Officer Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - FEBRUARY 9, 2010, PLANNING COMMISSION MEETING. Motion: It was moved by Thompson, seconded by Murray, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. USE DETERMINATION CODE AMENDMENT 10-002: No. 4141, with minor corrections to draft CODE AMENDMENT 10-002 (CA 10-002) PROPOSES Ordinance No. 1367 THE INCORPORATION OF MINOR AMENDMENTS TO THE ZONING CODE (ARTICLE 9 CHAPTER 2) OF THE TUSTIN CITY CODE (TCC). SPECIFICALLY, THE CODE AMENDMENT MEETS THE FOLLOWING OBJECTIVES: a. Incorporate use determinations into the Zoning Code that have been previously determined by the Community Development Director and/or the Planning Commission to be similar to other permitted Minutes -Planning Commission February 23, 2010 -Page 1 uses or conditionally permitted uses within various City zoning districts. b. Provide accurate and updated information in the Zoning Code for both staff and the public as to which uses are permitted or conditionally permitted and the review process required for approval of such uses. c. Integrate other minor amendments by clarifying and simplifying the Zoning Code text including grammatical and spelling changes, updating terminology, alphabetizing lists, and incorporating legal updates. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4141 recommending that the Tustin City Council adopt a negative declaration and approve Code Amendment 10- 002 (CA 10-002) for draft Ordinance No. 1367 to amend Article 9 Chapter 2 of the Tustin City Code to incorporate use determinations and minor amendments to the Zoning Code. Thomas Presented the staff report. Planning Commission discussion and questions for staff ensued The Public Hearing opened at 7:22 p.m. There were no speakers. The Public Hearing closed at 7:23 p.m. Motion: It was moved by Thompson, seconded by Kasalek, to adopt Resolution No. 4141, including minor corrections. Motion carried 5-0. Denied, 5-0 3. CONDITIONAL USE PERMIT 09-035 A REQUEST TO EXTEND THE HOURS OF OPERATION TO 2:00 A.M. FOR THE JJ MUSIC STUDIO KAROAKE BUSINESS LOCATED AT 656 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2) AND COMBINING PARKING (P) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4144 denying Conditional Use Permit 09-035. Swiontek Presented the staff report. Planning Commission discussion ensued. Minutes -Planning Commission February 23, 2010 -Page 2 The Public Hearing opened at 7:37 p.m. Chair Kozak invited the applicant to the lectern. Vicky Y. Kim-Nam, applicant, stated that she understood the concerns of the Commission, adding that she has been closely monitoring her business; no violations have occurred in the past few months. The applicant answered questions from the Commissioners. Khaya Breskin, Tustin Police Department, answered questions from the Commissioners. The Public Hearing closed at 8:00 p.m. Following further discussion, it was the consensus of the Commission that the hours of operation should not be extended to 2:00 a.m. and that other minor modifications should be included in the resolution. Motion: It was moved by Thompson, seconded by Murray, to adopt Resolution No. 4144, as modified, denying the request to extend the hours of operation. Motion carried 5-0. The Director noted that this item is appealable to the Tustin City Council. REGULAR BUSINESS Continued to a date 4. MCAS TUSTIN MITIGATION MONITORING AND to be determined REPORTING PROGRAM (MMRP): a. A general description of the project's status, including actual or projected completion dates, if known. b. The current status for each mitigation measure. RECOMMENDATION: That the Planning Commission receive and file the report. Chair Kozak noted that staff requested a continuance of this item to allow more research and preparation by staff; the item will be reagendized to a future Planning Commission meeting. I Motion: It was moved by Murray, seconded by Kozak, to continue the item. Motion carried 5-0. Minutes -Planning Commission February 23, 2010 -Page 3 STAFF CONCERNS The Director reported that the City Council considered the Community Development Block Grant Consolidated Plan and set the second public hearing for April 20. 5. REPORT OF ACTIONS TAKEN AT FEBRUARY 16, 2010, CITY COUNCIL MEETING. COMMISSION CONCERNS Thompson Attended the Tustin Chamber of Commerce Business and Economic Development Committee meeting; • Thanked the City Council for reinstating him to the Planning Commission; • Provided a water update, including the conflicting views of various public figures. Puckett Noted that his son's family lives in the Sacramento area; the drive up the I-5 and 99 is a sad drive, seeing all the bare ground where once there were green fields; • Thanked the Council for their wisdom in reappointing Commissioners Thompson and Puckett to another term on the Planning Commission; also Ken Henderson and Donna Peery to the Community Services Commission; Larry Friend and Greg Moore to the Audit Commission; • Noted that Mayor Pro Tem Nielsen was in the audience; and, congratulated Dane Nielsen for his Eagle Scout Court of Honor; John can be very proud of Dane and also of himself for also having attained the Eagle Scout; • Added that Mayor Pro Tem Nielsen will be awarded the highest award a volunteer scout can attain, the Silver Beaver, at a banquet next month; this award is revered among volunteers in Scouting; • Indicated the Citrus Ranch Park Grand Opening takes place this Saturday from 10 a.m. to 12 p.m. Kasalek • Added her congratulations to Mayor Pro Tem Nielsen and Dane; • Thanked the Council for the reappointments of Commissioners Puckett and Thompson; • Congratulated Chair Kozak on his election to the Tustin Community Foundation Board; • Offered congratulations to Tustin's Teacher of the Year candidates who were announced this week; Minutes -Planning Commission February 23, 2010 -Page 4 Kasalek continued Noted that Tustin High School will hold a fundraiser this Friday evening, 5 to 7 p.m.; funds raised will be donated to Red Cross Haiti Relief. Murray • Congratulated Tustin High School boys basketball for reaching the second round of the CIF Finals, losing 81-79; • Attended the Tustin Street Fair and Chili Cook-off Committee and the Orange County Vector Control District Trustees meetings; • Noted that upcoming events include the Grand Opening of Citrus Ranch Park, Tustin Community Foundation meeting, and a Miss Tustin event on March 6th at Beckman High School; • Congratulated his fellow Commissioners Puckett and Thompson; • Thanked Mayor Pro Tem Nielsen for attending this evening's meeting. Kozak Recognized the accomplishments of Mayor Pro Tem Nielsen and his son; • Congratulated Commissioners Puckett and Thompson on their reappointments; • Noted that he received a-mails from the National Trust and Historic Preservation and California Preservation Foundation related to the proposed federal budget eliminating the "Save America's Treasures" and the "Preserve America" grant programs; $9 million has been allocated through the former program in California and another $12 million in matching funds for reinvestment in California's history; • Indicated that funding availability will be announced by HUD for the sustainable communities planning program; the comment period will close March 12, followed by a notice on April 12, and the applications are due June 5; • Thanked staff for their hard work. 8:32 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, March 9, 2010, at 7:00 p.m. in the City Council Chamber at 300 Centen>~ial Waves Elwyn A. '~A1" Murray C.-„-~J< Chairperson Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission February 23, 2010 -Page 5