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Home My WebLink About00 PC Agenda 09-13-11AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 13, 2011 CALL TO ORDER: 7:00 p.m. INVOCATIONIPLEDGE OF ALLEGIANCE: Commissioner Eckman 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 -AUGUST 23, 2011, PLANNING COMMISSION MEETING. PUBLIC HEARINGS: 2. SPECIFIC PLAN AMENDMENT 11-003 (ORDINANCE NO. 1406), MCAS TUSTIN SPECIFIC PLAN The South Orange County Community College District ("SOCCCD") and County of Orange ("County") has indicated an .interest in pursuing a land exchange between the two agencies at Tustin Legacy. 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. =~.w~ 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 September 13, 2011 -Page 1 The proposed Specific Plan Amendment would implement minor text changes to the Specific Plan to clarify existing regulations. ENVIRONMENTAL DETERMINATION: An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4178, recommending that the Tustin City Council adopt Ordinance No. 1406, approving Specific Plan Amendment (SPA) 11-003, implementing minor text amendments of the MCAS Tustin Specific Plan. Presentation: Dana L. Ogdon, Assistant Director of Community Development 3. CONDITIONAL USE PERMIT 2011-14 TO ESTABLISH AND OPERATE A FITNESS GYM WITHIN AN EXISTING BUILDING LOCATED AT 3053 EDINGER AVENUE AT JAMBOREE PLAZA The applicant is proposing to establish and operate a fitness gym within an existing building located at 3053 Edinger Avenue within Jamboree Plaza. Although the use is not specifically listed within the Planned Community text of the Jamboree Plaza Planned Community District Regulations, a Use Determination (UD 2005-003) was heard before the Planning Commission for gymnasium and party facility uses. At that time, the Commission determined that the gym use was considered similar and compatible with the surrounding uses subject to the review and approval of a Conditional Use Permit. Therefore, Conditional Use Permit (CUP) 2011-14 is being requested to allow the fitness gym use at the subject site. APPLICANT: Tim Brooks PROPERTY OWNER: AEA Investments, LLC. ENVIRONMENTAL DETERMINATION: This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Agenda -Planning Commission September 13, 2011 -Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4179 approving Conditional Use Permit 2011-14 authorizing a fitness gym within an existing building at 3053 Edinger Avenue, subject to conditions of approval. Presentation: Amy Thomas, Senior Planner 4. CONDITIONAL USE PERMIT 2011-13 TO AMEND CONDITION 2.3 OF ZONING ADMINISTRATOR ACTION 06-002 TO EXTEND THE APPROVED HOURS FOR ALCOHOLIC BEVERAGE SALES AND BUSINESS HOURS OF AN EXISTING RESTAURANT USE AT 654 EL CAMINO REAL TO 2:00 A.M. The Baden Baden restaurant has submitted a request to amend Condition 2.3 of Zoning Administrator Action 06-002 by extending the approved business hours to serve alcoholic beverages at an existing restaurant located at 654 EI Camino Real. The existing approved hours are 10:00 a.m. to 12:00 a.m. (midnight) and the request is to amend the hours to 10:00 a.m. to 2:00 a.m. In accordance to the Planning Commission adopted policy, requests to extend hours for alcoholic beverage sales beyond 12:00 midnight are to be considered by the Planning Commission. APPLICANT: Chris Kim PROPERTY OWNER: Peter Zappas ENVIRONMENTAL DETERMINATION: This project is Categorically Exempt pursuant to Section 15301 (Class 1), for projects involving no change to existing structures, and Section 15270, for projects which are disapproved, of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4180, denying Conditional Use Permit 2011-13, a request to amend Condition 2.3 of Zoning Administrator Action 06-002 to extend the approved hours for alcoholic beverage sales and business hours of an existing restaurant use at 654 EI Camino Real to 2:00 a.m. Presentation: Edmelynne V. Huffer, Associate Planner Agenda -Planning Commission September 13, 2011 -Page 3 5. CODE AMENDMENT 2011-06, DRAFT ORDINANCE NO. 1407 -BODY ART ORDINANCE The proposed code amendment would establish. body art facilities, including body piercing, tattooing, or the application of permanent cosmetics, as a permitted use within the City of Tustin Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C-3), and Commercial General (CG) Zoning Districts, subject to operational requirements, and establish that all body art practitioners practicing at such facilities shall be licensed by the City. In addition, under existing Code provisions body art facilities could be permitted in other zoning districts if the Community Development Director and/or Planning Commission were to determine that a body art facility is similar to another permitted use. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4181, recommending that the Tustin City Council adopt Draft Ordinance No. 1407, amending Tustin City Code Section 4140 to regulate the inspection of body art facilities by the Orange County Health Care Agency; amending Section 3141 to add definitions pertaining to body art; amending Sections 3651-3654 pertaining to a body art permit; and amending Section 9232b to permit body art facilities in certain commercial zones. ENVIRONMENTAL DETERMINATION: Proposed Code Amendment 2011-006 is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment by requiring the approval of body art permits for body art practitioners and imposing operational conditions on body art facilities. Presentation: Scott Reekstin, Senior Planner REGULAR BUSINESS: None STAFF CONCERNS: 6. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 6, 2011, CITY COUNCIL MEETING. Presentation: Elizabeth A. Binsack, Community Development Director Agenda -Planning Commission September 13, 2011 -Page 4 COMMISSION CONCERNS: ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 27, 2011, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Agenda -Planning Commission September 13, 2011 -Page 5