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Home My WebLink AboutPC Minutes 05-10-11E MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 10, 2011 7:03 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Moore ROLL CALL: Present: Chair Thompson Chair Pro Tem Puckett Commissioners Eckman, Kozak, Moore Staff Present Elizabeth Binsack, Community Development Director James Eggart, City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Erica Rabe, City Clerk Services Specialist Adrianne DiLeva, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR: Approved 1. APPROVAL OF MINUTES -APRIL 26, 2011, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Continued to May 2. THREE-FOOT LANDSCAPE REQUIREMENT AND 24, 2011 Planning SYNTHETIC TURF STANDARDS Commission Meeting 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 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 Minutes -Planning Commission May 10, 2011 -Page 1 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. Chair Thompson recused himself due to a potential economic interest, and left the dais. Thomas Presented the Three-Foot Landscape Requirement staff report. Reekstin Presented the Synthetic TurF Standards staff report. Staff answered Planning Commission questions. The Public Hearing opened at 7:43 p.m. The following spoke in opposition to the draft ordinance: Cheryl Christensen stated passing the draft ordinance would have an adverse economic impact on her family. Martha Sandoval stated she previously complied with the provisions of the existing ordinance, and expressed difficulty in maintaining the new section of landscape. Minutes -Planning Commission May 10, 2011 -Page 2 Yolanda Cannon spoke in favor of the draft ordinance, and stated passing the ordinance would preserve the beauty of the city and raise property value. The Public Hearing closed at 7:53 p.m. Discussion by the Planning Commission ensued. Motion: It was moved by Kozak, seconded by Moore, to continue the item to the May 24, 2011, Planning Commission meeting, and directed staff to revise the draft ordinance adding language which allows a measure of flexibility for property owners. Motion carried 4-0. Continued to a date to be determined 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. Motion: Concurred/ approved by minute action Moved by Chair Thompson to continue this item to a date to be determined. Motion carried 5-0. 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. RECOMMENDATION: That the Planning Commission concur with the following approach for conditioning/restricting the business hours of alcohol sales establishments as follows: Minutes -Planning Commission May 10, 2011 -Page 3 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 properly 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. Ogdon Presented the staff report. Minutes -Planning Commission May 10, 2011 -Page 4 Staff answered Planning Commission questions. Motion: Moved by Puckett, seconded by Eckman for approval by minute action. Motion carried 5-0. 5. STAFF CONCERNS: REPORT OF ACTIONS TAKEN AT THE MAY 3, 2011, CITY COUNCIL MEETING. • The Director welcomed Adrianne DiLeva to the meeting, and thanked Erica Rabe for assisting. • Reported the City Council held a second reading of Ordinance No. 1400 enacting revisions to the City's grading and excavation code provisions. COMMISSION CONCERNS Moore Attended the event at the Wilcox Manor; it was wonderful to see all the volunteer groups; • Enjoyed the Tustin Acura event last night; • Wished Chair Pro Tem Puckett good luck in his golf tournament; • Stated his appreciation for the new Recording Secretary and said he is looking forward to working with her. Kozak . Welcomed the Recording Secretary, and thanked the City Clerk Services Specialist for attending; • Thanked staff for excellent work on tonight's agenda; • Attended Saint Jeanne's 50tH Anniversary Celebration; • Celebrated Mother's Day in Temecula; visited Old Town Temecula; stated it is a thriving old town that gave him a vision of what Tustin may be able to accomplish in our Old Town. Eckman Commented on Chair Pro Tem Puckett's upcoming golf tournament. Puckett Welcomed the Recording Secretary and stated he looks forward to working with her; • Attended the Tustin Community Foundation Volunteer Luncheon at the Wilcox Manor hosted by Lindburgh and Michael and stated they did a wonderful job helping to raise funds for the Tustin Community Foundation; • Will be playing his 100-Hole Marathon on Monday; was able to raise approximately $5,000 for the student scholarships at Hope International University; thanked everyone for their help; • Stated the Man and Woman of the Year Banquet is on June 4tH; • Wished AI Murray a happy retirement; • Familiarized staff with Golden Spike Days, which is a month-long Minutes -Planning Commission May 10, 2011 -Page 5 event started by Pete Beatty in tribute of the golden spike being provided by Mr. Hewes far the Transcontinental Railroad; • Went to Nana Jean's Restaurant in Old Town Tustin; stated that it is well-worth the time to go; congratulated Nana Jean and her husband for a fine job; • Attended Acura's 25t" Anniversary Celebration last night; stated Dick Hsu has been a wonderful addition to the Community of Tustin; • Requested to close the meeting in memory of Ronnie Malicoat. Thompson . Attended the American Council of Engineering Companies Award Luncheon on the 27t" and congratulated the projects in Orange County which received awards; • Attended the DCH Tustin/Acura Celebration; noted DCH is an acronym for "Delivering Customer Happiness"; • Attended the Orange County Business Council Infrastructure Committee Meeting earlier in the day; was impressed with LAFCO and OCTA's transit plan; • Announced Saturday is the Tustin Home and Garden Tour and stated the Historical Society always does a great job with the event. 8:46 p.m. 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. Closed in Honor of Ronnie Malicoat J . T pson Chairperson Elizabeth A. Binsac Planning Commission Secretary Minutes -Planning Commission May 10, 2011 -Page 6