HomeMy WebLinkAbout00 PC Agenda 5-10-11AGENDA
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MAY 10, 2011
CALL TO ORDER: 7:00 p.m.
INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Moore
ROLL CALL: Commissioners Eckman, Kozak, Moore, Puckett, Thompson
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 on off-agenda items unless authorized by
law). If you wish to address the Commission on any matter, please fill out one of
the forms located at 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.
CONSENT CALENDAR:
All matters listed under the 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.
APPROVAL OF MINUTES -APRIL 26, 2011, PLANNING COMMISSION
MEETING.
PUBLIC HEARINGS:
2. THREE-FOOT LANDSCAPE REQUIREMENT AND SYNTHETIC TURF
STANDARDS
On March 16, 2010, the City Council directed staff to provide a history of the
ordinance (Ordinance No. 1240) which requires athree-foot landscape buffer
between residential properties and to provide examples of code enforcement
cases. Council direction originated after several residents expressed concern
Any writings or documents provided to a majority of the Planning Commission regarding any item on this
agenda will be made available for public inspection in the Community Development Department located at
300 Centennial Way, Tustin, California, during normal business hours.
A~ In compliance with the Americans With Disabilities Act, if you need special assistance to participate
~(`~+~)- in this meeting, please contact the office of the City Clerk at (714) 573-3025. Notification 72 hours
prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to
this meeting.
Agenda -Planning Commission May 10, 2011 -Page 1
about receiving a Notice of Violation (NOV) of the Tustin City Code. The NOV's
were issued for non-compliance with TCC Section 9267(a)(3) which requires a
three-foot wide landscape area between the driveway areas and the adjacent
side property lines. Enforcement of 9267(a)(3) has occurred since Council
adoption of the requirement in 2001.
On May 4, 2010, the City Council considered a staff report on the history of
Ordinance No. 1240. At that time, the Council considered the report and heard
public input from several residents who spoke in opposition to the requirements
of Ordinance No. 1240 and then asked staff to defer enforcement on those
residents currently subject to the complaint unless in egregious violation of the
ordinance. Staff was directed to present the issue to the Planning Commission
for consideration of the matter and to provide options for Council consideration.
The two issues have been combined since they affect the same Tustin City
Code Sections and may have a correlation in application.
RECOMMENDATION:
That the Planning Commission consider the matter and provide a
recommendation to City Council amending Sections 5502 and 9267 of the
Tustin City Code to modify landscape requirements and set forth Synthetic Turf
Standards in the City of Tustin.
Presentation: Amy Thomas, AICP, Senior Planner
Scott Reekstin, Senior Planner
3. PUBLIC WORKSHOP:
The Community Development Department is requesting that the subject
workshop be continued to provide staff additional time to prepare the
presentation to the Planning Commission. Since a notice for the item was
advertised in the Tustin News, the workshop will be re-noticed once the item is
ready for presentation.
RECOMMENDATION:
That the Planning Commission continue this item to a date to be determined.
REGULAR BUSINESS:
4. ALCOHOLIC BEVERAGE ESTABLISHMENT HOURS OF OPERATION:
Staff is proposing to modify the current practice so that alcohol-related business
hours limitations can be standardized; and reduce the need for subsequent
requests for business hours modifications while continuing to be sensitive to the
needs of the community.
Agenda -Planning Commission May 10, 2011 -Page 2
RECOMMENDATION:
That the Planning Commission concur with the following approach for
conditioning/restricting the business hours of alcohol sales establishments as
follows:
a. New CUP applications for alcohol sales establishments:
• Businesses proposing to close any time prior to 11:00 p.m.
weekdays, 12:00 a.m. weekends, will be conditioned to close by
11:00 p.m. weekdays and 12:00 a.m. weekends.
• Businesses proposing to close any time after 11:00 p.m. weekdays,
12:00 a.m. weekends will be conditioned to close by 2:00 a.m. and
scheduled for Planning Commission consideration/approval.
• Additional conditions of approval may also be included to:
1) Require businesses identified as a "restaurant" to serve food
during all hours of operation.
2) Require the business and property owner to sign a recordable
agreement stipulating that a violation of the CUP conditions of
approval could result in issuance of an administrative citation,
additional review by the Planning Commission, reduction of
hours, or initiation of termination proceedings for the CUP.
3) Require annual staff review of the operation at the location to
determine whether issues or concerns are occurring that might
warrant additional action as described above.
b. Existing alcohol sales establishments with a previously issued CUP:
• Businesses with approved CUPs proposing to modify a closing time
to any time prior to 11:00 p.m. weekdays, 12:00 a.m. weekends, will
be administratively reviewed and approved by the Director of
Community Development with a condition to close by 11:00 p.m.
weekdays and 12:00 a.m. weekends.
• Businesses with approved CUPs proposing to modify a closing time
after 11:00 p.m. weekdays, 12:00 a.m. weekends will be conditioned
by staff to close by 2:00 a.m. and forwarded to the Planning
Commission for consideration as described above for new
applications.
PRESENTATION: Dana Ogdon, Assistant Community Development Director
5. STAFF CONCERNS:
REPORT OF ACTIONS TAKEN AT THE MAY 3, 2011, CITY COUNCIL
MEETING.
Presentation: Elizabeth A. Binsack, Community Development Director
Agenda -Planning Commission May 10, 2011 -Page 3
COMMISSION CONCERNS:
ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday, May
24, 2011, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way.
Agenda -Planning Commission May 10, 2011 -Page 4