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Home My WebLink About01 PC Minutes 5-11-10ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 11, 2010 7:00 p.m. CALL TO ORDER Given INVOCATION/ PLEDGE OF ALLEGIANCE: Commissioner Puckett ROLL CALL: Present: Chair Murray Commissioners Kasalek, Kozak, and Puckett Absent: Chair Pro Tem Thompson Staff present Elizabeth Binsack, Community Development Director David Kendig, Assistant City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Edmelynne Huffer, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - APRIL 13, 2010, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Kasalek, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS Adopted Resolution 2. CONTINUED CONDITIONAL USE PERMIT 09-036 AND No. 4145 DESIGN REVIEW 09-042 A REQUEST TO MODIFY AN (Alternative B) EXISTING MAJOR WIRELESS FACILITY BY REPLACING THREE (3) PANEL ANTENNAS AND ADDING THREE (3) NEW DISH ANTENNAS, ONE (1) NEW GPS ANTENNA, AND ONE (1) NEW EQUIPMENT RACK, INSTALLING NEW PALM FRONDS, AND INSTALLING A PAINTED CYLINDRICAL ALUMINUM SHROUD AROUND THE EXISTING PALM TRUNK. THIS PROJECT IS Minutes -Planning Commission May 11, 2010 -Page 1 LOCATED AT 550 WEST SIXTH STREET IN THE PLANNED INDUSTRIAL (PM) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4145 approving Conditional Use Permit 09-036 and Design Review 09-042. Huffer Presented the staff report. 7:15 p.m. The Public Hearing opened. Celly Adamo, applicant, spoke on behalf of Spring/Nextel. Planning Commission discussion ensued. 7:40 p.m. The Public Hearing closed. It was moved by Puckett, seconded by Kozak, to adopt Resolution No. 4145 (Alternative B). Motion carried 4-0. Adopted Resolution 3. CODE AMENDMENT 10-003, MASSAGE No. 4146 ESTABLISHMENTS On September 27, 2008, the Governor signed Senate Bill (SB) 731 revising the Business and Professions Code relating to massage therapy. In part, the newly enacted legislation: o Provided for the State certification of massage practitioners and therapists by the newly created Massage Therapy Organization (now referred to as the California Massage Therapy Council, or CAMTC); o Limited cities and counties from enacting or enforcing ordinances that require a license permit or other authorization to practice massage by an individual who is certified; and o Limited cities and counties from adopting land use and zoning requirements applicable to massage establishments or businesses that are different than the requirements that are uniformly applied to other professional or personal services businesses. Minutes -Planning Commission May 11, 2010 -Page 2 Code Amendment 10-003 has been prepared to establish codified massage regulations that are consistent with State law and that protect the health, safety, and welfare of massage owners, operators, and technicians, employees, clients, and the general public. If approved, the proposed code amendment would require all massage therapists and practitioners in the City of Tustin to be certified by the California Massage Therapy Council and would also amend the City's Zoning Code to allow massage establishments as an outright permitted use in several commercial zoning districts. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4146, recommending that the Tustin City Council adopt Ordinance No. 1380, amending Tustin City Code Sections 3121, 3141, 3711-3713, 9232, and 9297; repealing Part 2 of Chapter 6 of Article 3 of the Tustin City Code; and adopting Part 6 of Chapter 6 of Article 3 of the Tustin City Code to regulate massage establishments, therapists, and practitioners in accordance with State law. Reekstin Presented the staff report. Planning Commission discussion ensued. 7:53 p.m. The Public Hearing opened. Michael Roberson, American Massage Therapy Association, and Sheralyn Winn, a chiropractor, spoke on behalf of legitimate massage practitioners. 8:02 p.m. The Public Hearing closed. It was moved by Puckett, seconded by Kasalek, to adopt Resolution No. 4146. Motion carried 4-0. None REGULAR BUSINESS STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE APRIL 20 AND MAY 4, 2010, CITY COUNCIL MEETINGS. Minutes -Planning Commission May 11, 2010 -Page 3 The Director reported the City Council: • adopted the Consolidated Plan related to the City's Community Development Block Grant program and also the 1-year Action Plan; • held a public hearing on the conditional use permit and design review related to Coventry Court, which was continued to a special meeting July 6; • asked staff to provide more analysis regarding the 3-foot landscape requirement and bring the item before the Planning Commission for recommendation to the City Council. Chair Murray asked for an update regarding the American Senior Living project on Red Hill Avenue. The Director indicated that no permits have been pulled; those permits will be expiring within a couple months. Chair Murray asked if anything can be done about the former Arco station on Red Hill. The Director indicated there is a pending code enforcement case on that site. COMMISSION CONCERNS Kasalek Attended the Preservation Awards dinner and thought Chair Pro Tem Thompson did an great job on his presentation; the Tustin High Dance "Friends and Family" event; the Tustin Community Foundation Volunteer Recognition Luncheon at Wilcox Manor; • Reminded everyone that the Teacher of the Year dinner is coming up and tickets are still available; • Asked what code enforcement is doing about the Post Office issue. The Director indicated that a letter was sent last week, a copy of which will be provided to the Commissioners; toward the end of this week, staff will be walking the site with someone from their Consumer Affairs Division. Kozak Welcomed Mayor Pro Tem Nielsen to this evening's meeting; • Thanked staff for their work on tonight's items; • Congratulated City Manager Bill Huston on his upcoming retirement; Minutes -Planning Commission May 11, 2010 -Page 4 Kozak continued Attended the 4th Annual Tustin Preservation Awards Dinner and the St Jeanne's May Festival on May 2; • Participated in the recent Blood Drive at City Hall. Puckett • Indicated it is encouraging to see the building going on at Mitchell and Newport and also across the street from Roma D'Italia on EI Camino Real; • Noted he was the Master of Ceremonies at the Wilcox Manor luncheon; • Pointed out that the Manor was featured in Victorian Homes magazine; • Added that 51 nonprofits were represented at the luncheon; • Indicated that Reverend Lynn Stone from the Presbyterian Church was asked to draw for the mini-Cooper; the winner is taking the car, not the $10,000 cash; • Stated he will be participating in the annual golf tournament to raise funds for Hope University; he appreciates those who support his efforts. Murray Acknowledged Mayor Pro Tem Nielsen's presence in the audience and also City Manager Bill Huston's retirement; • Indicated that he attended a Girl Scout Spirit of Volunteerism Awards Luncheon at the Disneyland Hotel Luncheon at which Assistant City Manager Christine Shingleton was mentioned several times; attended the Preservation dinner where Chair Pro Tem Thompson gave a very nice presentation; attended Lions Club and Rotary Club meetings where he spoke about the role of Planning Commissioners; attended "Light Up the Night" for the new stage and bell tower at Tustin High School whose Principal, Jonathan Blackmore, is a great leader; • Congratulated Councilmember Gavello for her daughter's acceptance to UC Berkeley; • Complimented Lindburgh McPherson and Michael Demoratz and thanked them for all the great things they have been doing for Tustin; • Mentioned the Teacher of the Year dinner coming up. Puckett Added that the Tustin Area Man and Woman of the Year banquet takes place June 4 at Tustin Ranch and encouraged everyone to attend; • Indicated he spent time stuffing envelopes at Mayor Jerry Amante's campaign headquarters today and encouraged others to volunteer. Minutes -Planning Commission May 11, 2010 -Page 5 8:18 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, May 25, 2010, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission May 11, 2010 -Page 6