HomeMy WebLinkAboutPC Minutes 09-11-00 MINUTES
TUSTIN PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 11, 2000
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
7:08 p.m., City Council Chambers
Chairman Kozak
Chairman Kozak, Commissioners Bell, Jennings, and
Pontious
Present: Chairman Kozak, Commissioners Bell, Jennings, and Pontious
Staff:
Elizabeth Binsack, Director of Community Development
Doug Holland, Deputy City Attorney
Patty Adams, Assistant Planner
Eloise Harris, Recording Secretary
PUBLIC CONCERNS:
There were no Public Concerns.
CONSENT CALENDAR:
1. Minutes of August 28, 2000 Planning Commission Meeting.
Commissioner Pontious moved, Commissioner Bell seconded, to approve the Consent
Calendar. Motion carried 4-0.
PUBLIC HEARINGS:
The Director stated that Item 2 under Regular Business should be a Public Hearing.
2. Code Amendment No. 00-002, an amendment to Tustin City Code Section
3924(b), related to appeal procedures for Sexually Oriented Businesses.
Recommendation:
That the Planning Commission adopt Resolution No. 3745 recommending that the City
Council adopt Code Amendment No. 00-002 related to appeal procedures for Sexually
Oriented Businesses.
The Public Hearing opened at 7:11 p.m.
The Director presented the report.
Chairman Kozak asked Doug Holland, Deputy City Attorney, for further comments.
Mr. Holland stated: 1) the ordinance disperses the businesses throughout the
community, thereby disallowing consolidation within one area, and 2) this is an evolving
issue which was first considered a land use issue but has become a business
regulation issue protected under the First Amendment.
The Director emphasized the difficulty other cities have faced when not having such an
ordinance in place.
Chairman Kozak stated his agreement that updating the City Code to provide regulatory
ability for this type of use is very important.
Planning Commission Minutes
September 11,2000
Page 2
Commissioner Jennings asked if this ordinance would require a special meeting of the
City Council due to the five (5) business days from the date of filing requirement.
The Director pointed out that the ordinance states within five (5) business days or at the
next regularly scheduled meeting; a special meeting would not be necessary.
Commissioner Pontious questioned the ten (10) days within issuance of a temporary
permit requirement and whether any costs incurred would be at the risk of applicant.
The Director indicated that is correct under Code Section 3918(a) which states the
conditional grant shall not constitute a vested right to operate under the permit.
The Public Hearing closed at 7:20 p.m.
Commissioner Pontious moved, Commissioner Bell seconded, to adopt Resolution No.
3745 recommending that the City Council adopt Code Amendment No. 00-002 related
to appeal procedures for Sexually Oriented Businesses.
REGULAR BUSINESS:
There was no Regular Business.
STAFF CONCERNS:
3.
Motion carried 4-0.
Report on Actions taken at the September 5, 2000 City Council Meeting
Presentation: Elizabeth A. Binsack, Director of Community Development
The on-site parking issue at Cedar Grove Park was referred back to Parks
and Recreation.
Commissioner Bell indicated she spoke with Pat Sanchez, Director of Parks and
Recreation, and was informed this matter would go to the City Council at the first meeting
in October.
Chairman Kozak suggested the Planning Commission could provide input to expedite a
decision.
The Director noted that Pat Sanchez will attend the next Planning Commission meeting
and present a proposal as an informational item only.
- The new trash hauler is transitioning as of October 1; Code Enforcement
and Planning are working with the new hauler to ease the transition period.
COMMISSION CONCERNS:
Commissioner Jennings
None
Commissioner Bell
None
Commissioner Pontious
Utility boxes on Mitchell were hit by graffiti over the weekend.
The Director responded that it probably has been taken care of and noted that the
Department of Corrections has apprehended an individual at another location and is
seeking restitution.
Planning Commission Minutes
September 11,2000
Page 3
Chairman Kozak
Commented on the new traffic signal and striping at Prospect and First
Street and the resulting improvement in the traffic flow at that intersection.
Questioned the banner reading "Don's Chinese Buffet" and the red, poody
painted roof at Coco's on 17th Street.
Asked about the time frame regarding the remaining vacancy on the
Planning Commission.
The Director responded that staff will check these issues and report back to the
Commission.
ADJOURNMENT:
Commissioner Bell moved, Commissioner Pontious seconded, to adjourn at 7:30 p.m.
Motion carried 4-0.
A regular meeting of the Planning Commission will be held on September 25, 2000,
beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin.
Elizabeth A. Binsack
Planning Commission Secretary
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