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HomeMy WebLinkAboutPC Minutes 02-27-95 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY ~7, 1995 WORKSHOP - At 5:30 in the Council Chambers, the Planning Commission conducted a workshop with the Irvine Company on proposed modifications to the East Tustin Specific Plan and other discretionary requests. This workshop was open to the public. CALL TO ORDER: 7:12 p.m., City Council Chambers PLEDGE OF &LLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Kasalek, Lunn, Mitzman and Weil PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the February 13, 1995 Planning Commission Meeting. Commissioner Well moved, Lunn seconded to approve the consent calendar. Motion carried 5-0. PUBLIC HEARINGS: IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE PUBLIC HEARING. NONE Planning Commission Minutes February 27, 1995 Page 2 REGULi%R BUSINESS: City Alcohol Beverage Control (ABC) Ordinance and Guidelines Discussion Recommendation - Pleasure of the Commission Presentation: Rita Westfield, Assistant Director, Community Development An oral presentation was made by Rita Westfield, Assistant Director of Community Development and Sergeant Steve Lewis of the Tustin Police Department. Recommendations made by staff concerned the distance separations and policy guidelines. Commissioner Weil felt it was misleading to the public not to have the latest guidelines on the books as soon as possible. The Director stated that when an amendment is done to the code and an ordinance is drafted, it is segmented. Since the City does not codify new ordinances on a monthly basis, an applicant would receive a copy of the existing municipal code and all the amendments which would include the new ABC Ordinance. An alternate procedure for enacting regulations would be an Interim Ordinance which would take affect 30 days after City Council approval and would be available to the public prior to codification. Commissioner Lunn wanted to see the distance increased from other off-site sales establishments. Staff stated that the options being recommended were to increase the current distance from residentially zoned or used property from 100 feet to 300 feet; from 300 feet to 500 feet from other existing off-site sales establishments, and from 600 feet to 1000 feet from existing on-site sales establishments, except bonafide eating establishments and leaving the existing 600 foot distance from sensitive areas (churches etc.) The Police Department indicated that they were in agreement with staff recommendations but would like to see the existing 600 feet from sensitive areas (churches etc.) increased to 1000 feet. Commissioner Lunn asked why the Police Department was not recommending 1000 feet distance from other existing off-site sales establishments. Serqeant Lewis stated they would but thought it might be too restrictive and a significant impact on existing sales. The large lobby influences by the Liquor Industry may preclude defense of this position. However, these are only minimum standards and conditional use permits can be dealt with on a case by case basis in which other factors could also be weighed to deny an ABC license. Commissioner Lunn asked the Director if she felt comfortable with 500 feet. The Director affirmed. Commissioner Kasalek asked if there had ever been a study done on residentially zoned property relating the number of crimes with the use of alcohol. Planning Commission Minutes February 27, 1995 Page 3 Serqeant Lewis stated that he has statistics from the National Institute of Justice (FBI) and Center For Disease Control. Among the hard core drug users there is no correlative between violence and consumption but there is with the use of alcohol. He stated also that 60-75% of the time the officers are called for domestic disturbance or violence someone involved has been drinking. Commissioner Kasalek asked if there was any relation to the foot traffic and the location of the sales locations for alcohol. Serqeant Lewis stated that because of cultural norms, the southwest neighborhoods could be affected. The Director stated that if the options and distance standards as recommended by staff were approved, food markets over 15,000 square feet would not be subject to these standards. Commissioner Weil made the observation that by eliminating the neighborhood liquor stores there would be more people getting into vehicles and drinking on the road. Rita Westfield asked if the 300 feet from any residentially zoned or used property was desired. The Commissioners agreed. Rita Westfield asked if 500 feet from other existing off-site sales establishments was desired. The Commissioners agreed. Rita Westfield asked if 1000 feet from existing on site sales establishments, except bonafide eating establishments was desired. The Commissioners agreed. Rita Westfield asked if 600 feet or 1000 feet from any sensitive use was desired. Commissioner Weil stated that the increase to 1000 feet would be defendable. The Commissioners agreed. Rita Westfield reviewed the criteria for measuring the distances. From residentially zoned property and sensitive uses it would be from the property line; between two other off-site uses it would be structure to structure distance separation. The Commissioners agreed. Rita Westfield asked if the policy guidelines in the report were acceptable. The Commissioners agreed. Commissioner Kasalek asked if under Condition No. 7 the reason for no incoming telephone calls was to prevent loitering. Sergeant Lewis stated this was a very effective tool to control the area. It was the consensus of the Commission that staff be directed to prepare an Interim Urgency Ordinance embodying the points discussed and agreed to for presentation to the Planning Commission. Planning Commission Minutes February 27, 1995 Page 4 3. Redevelopment Survey Area, Marine Corp Air Station, Tustin. APPLICANT: LOCATION: REQUEST: TUSTIN COMMUNITY REDEVELOPMENT AGENCY MARINE CORP AIR STATION TUSTIN AND SURROUNDING PROPERTY RECOMMEND ADOPTION OF REDEVELOPMENT SURVEY AREA Recommendation - It is recommended the Planning Commission adopt Resolution No. 3337 recommending that the City Council designate a survey area for redevelopment study purposes for the area including, and surrounding, the Marine Corp Air Station, Tustin. Presentation: Rick Zimmer, Redevelopment Program Manager Commissioner Mitzman asked if the survey area could be extended to the actual streets and could redevelopment dollars be used to help build Warner Avenue all the way to the 55 Freeway. The Director stated that redevelopment law allows a finding of benefit to the project area. In the case of the Specific Plan and the development that is proposed, if there is off-site mitigation necessary to accommodate the redevelopment, the redevelopment agency adopts a resolution that allows use of tax increment to benefit the project area. Commissioner Lunn asked why the City of Irvine is hesitating to be included with Tustin in the survey area. The Director stated that the City of Irvine has not at this time officially indicated a willingness to assign responsibility to the City of Tustin and without Irvine City Council commitment and a guarantee in the form of a written and signed document, the City of Tustin would be jeopardizing it's project. Commissioner Kasalek moved, Weil seconded, to recommend that the city Council designate a survey area for redevelopment study purposes for the area including, and surrounding, the Marine Corp Air Station, Tustin by adopting Resolution No. 3337 as submitted. Motion carried 5-0. 4. Discussion of formation of AdHoc Builders/City Committee Commissioner Mitzman has requested that this subject be agendized for Commission discussion. Recommendation - Pleasure of the Commission Commissioner Mitzman presented his proposal stating that his concept was to form an adhoc committee between the building community, staff' and elected and appointed officials to increase the City's posture or reputation within the building community. He proposed they would meet every 60 days for 2 hours. He asked for staff response. The Director stated that there had been an East Tustin Policy Committee that was made up of the Planning Commission and City Council which was abolished two years ago because it broke down the normal communication builders had with City staff and just had not worked. Since that time the Community Development Department has implemented new processing procedures and does survey our clients with the use of anonymous forms. She believes there has been a significant improvement in the City's relationship with the builders, demonstrated by letters of praise, etc. Commissioner Mitzman stated that he feels surveys don't work because people are reluctant to fill them out. He stated that being out in the field, he hears the negatives. Planning Commission Minutes February 27, 1995 Page 5 The Director stated that she would like to hear any specific complaints that Commissioner Mitzman was aware of so that they could be specifically discussed and resolved. Commissioner Mitzman said he likes the idea of the City having the reputation of being very tough but reasonable to work with. He stated that he knows of builders who do not want to work in Tustin. Commissioner Kasalek asked if these were builders who worked with the City as far back as two years ago. Commissioner Mitzman stated that they were told to him in confidence and he would not reveal the names. Commissioner Baker stated he believed that the Community Development Department was responsive. If there is an accuser, the individual situation should be evaluated; that the City is now using a new method of early discussion with all involved in the project to give the builder the best advice from more than one person. The Director stated that there have been dramatic changes in the way the City processes development proposals; the City has been working with the Economic Development Commission and has been hearing good things from the community. There are always individual situations that occur, as they will in any city and that the department tries to sort through these individual issues as needed. Commissioner Weil suggested that Commissioner Mitzman could be the agent in this situation by letting he Director know of specific situations and assisting in trying to resolve these problems. The problems with monthly meetings is that the Council is already stretched to attend so many meetings that some of them have resigned from standing committees. The Director stated that she does not need to know specific builders, or development sites but if there are broad concerns she would be glad to sit down with Commissioner Mitzman to try to resolve them. As the Commissioners raise concerns, they are always responded to. Even if there was a committee set up to discuss broad concerns there still would need to be specifics brought out in order to resolve problems. The Director stated that she is always open to improving the service that can be provided. Commissioner Baker stated that he can attest to the fact that there is direct one to one contact with the developers and the Director when problem resolution is needed. Commissioner Weil stated that confronting a problem directly is a better method than holding it off to wait for a committee meeting; that only creates bad feelings. If the Director does not know the specifics there is nothing she can do about a situation. The Director stated that the customer service surveys come back to her and there are always personal follow up calls made in an attempt to address issues. Commissioner Mitzman asked to see a copy of the Department's customer survey forms. He feels that staff is doing a good job but a reputation from 2 to 4 years ago is hard to overcome. The Director stated that she would be happy to transmit the quarterly reports to the Commission on customer service as is done for the City Council which includes comments from those responding to the surveys. Planning Commission Minutes February 27, 1995 Page 6 Discussion produced a consensus of Planning Commission opinion that it would be more efficient to bring individual items of concern from the builders directly to the Director. Commissioner Mitzman volunteered to meet with the Director to discuss his specific concerns. 5. Status Reports Recommendation - Receive and file. Reports were received and filed. STAFF CONCERNS: 6. Report on Actions taken at February 21, Meeting Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Lunn 1995 City Council Reported that the Cosmopolitan was completely down. Noted that there did not seem to be any lighting at the convenience store parking lot at Newport and Sycamore and the dumpster was still parked in front of the store. Commissioner Well - None Commissioner Baker - None Commissioner Mitzman - None Commissioner Kasalek - None ADJOURNMENT: Commissioner Well moved, Kasalek seconded to adjourn the meeting at 8:45 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on March 13, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. ~'/~.-'- L./~r - _ Chairp,~rson Recording Secretary