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HomeMy WebLinkAboutPC Minutes 04-22-027:00 p.m Given All present Staff present Approved Adopted Resolution Nos. 3828 and 3829 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING April 22, 2002 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Scott Reekstin, Senior Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS - None CONSENT CALENDAR 1. Minutes of April 8, 2002, Planning Commission meeting. It was moved by Jennings, seconded by Denny, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. CODE AMENDMENT 02-002, AS IMPLEMENTED BY ORDINANCE NO. 1251, TO CLARIFY THE INTENT OF THE OFFICE USE CRITERIA IN THE CENTRAL COMMERCIAL (C-2) DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT TO ENSURE THAT OFFICE USES NOT PROLIFERATE IN AREAS WHERE COMMERCIAL RETAIL USES WOULD BE MORE COMPATIBLE OR DESIRABLE. RECOMMENDATION: 1. That the Planning Commission adopt Resolution No. 3828 recommending that the City Council adopt the Negative Declaration as adequate for Code Amendment No. 02-002; and, 7:01 Willkom Director 2. That the Planning Commission adopt Resolution No. 3829 recommending that the City Council adopt Code Amendment No. 02-002 related to office use criteria within the Central Commercial (C-2) District and the Cultural Resources Oveday District. The Public Hearing opened. Presented the staff report. Noted the staff recommendation includes Planning Commission approval of the Negative Declaration. Minutes - Planning Commission April 22, 2002 - Page 1 Davert Sharon August Jones, 520 West Main Street, Tustin Kozak Davert Willkom Jennings Director Davert Director Davert Denny Peterson 7:09 p.m. Adopted Resolution No. 3830 Invited members of the public to speak on this item. Stated that she serves on the Economic Restructuring Committee of the Tustin Old Town Association (TOTA) and, although she was not speaking officially as a representative of TOTA, indicated that she knows this ordinance is strongly supported by TOTA because it is important to the revitalization of the Old Town area. Commented that the replacement of the temporary ordinance with this permanent ordinance makes it clear what the land use policy is for the affected areas and will allow for consistent development; and, stated his support of staff's recommendation. Asked if this code amendment would apply to medical uses, dental clinics, etc. Replied in the affirmative. Stated her concern that showrooms do not seem to be covered by the ordinance; referred to the showroom in existence that is not retail but was represented that way when it was approved; and, suggested that perhaps the zoning code revisions could include language prohibiting showrooms that do not draw in customers. Responded the approval referred to was represented as a retail- oriented showroom. Asked if showrooms will be covered in the ordinance presented to the City Council without Planning Commission modification. Answered that it would be difficult to modify this Ordinance since that specific use was not included when this item was noticed; and, suggested it be incorporated in the zoning code update. Stated his understanding that the way the ordinance is written, if a proposed use is not clearly retail, the Planning Commission would look at it as an office use or something else. Asked if the use of "professional" refers to medical offices, legal offices, and other professions. Answered in the affirmative; and, added that medical offices fall under the category of "General Office" as well. The Public Hearing closed. It was moved by Kozak, seconded by Hamilton, to adopt Resolution Nos. 3828 and 3829. Motion carried 5-0. CODE AMENDMENT 02-004, AS IMPLEMENTED BY ORDINANCE NO. 1253, TO ESTABLISH AN ADMINISTRATIVE PROCEDURE REQUIRING THAT A NOTICE OF PUBLIC HEARING BE MAILED OR DELIVERED AT LEAST TEN (10) DAYS PRIOR TO THE HEARING TO ALL OWNERS OF REAL PROPERTY WITHIN 500 FEET OF THE REAL PROPERTY THAT IS THE SUBJECT OF THE HEARING. Minutes - Planning Commission April 22, 2002 - Page 2 7:10 p.m. Reekstin Jennings Reekstin Kozak Director Davert Director 7:14 p.m. Denny Director Hamilton Director Davert Director Davert Director RECOMMENDATION: That the Planning Commission adopt Resolution No. 3830 recommending that the City Council approve Code Amendment 02-004. The Public Hearing opened. Presented the staff report. Asked if this notification radius is what has been done all along. Answered that staff has been identifying a radius of 500 feet for the Planning Commission's information; and, stated this code amendment would implement the noticing of residents within a 500 foot radius. Stated that his understanding is that this change is intended to provide notice to property owners up to 500 feet and include notice to tenants within multi-family developments; and, asked how that will be accomplished in terms of the listing of property owners only. Answered that tenants are not currently noticed unless information is received by staff stating an interest in receiving a notice; and, added that notification of tenants is not legally required. Asked if there will be any additional costs associated with noticing 200 more feet and who would bear that cost. Stated the applicant would bear the burden of additional costs; and, added that costs will increase in cases where several property owners require notice. The Public Hearing closed. Asked staff if implementing the noticing within the 500 foot radius will be rigidly implemented. Indicated the noticing must be consistent for all applications. Asked how much it costs to notify one property owner. Responded the cost of the stamp and envelope. Asked for the motivation and benefits to increasing the notification radius. Stated that it is a policy decision for the Planning Commission; the State dictates how many feet are required; this amendment is consistent with a new rule adopted by the Fair Political Practices Commission and some desire to provide additional notification. Suggested that the FPPC regulations only apply to the Planning Commission; and, stated his reluctance to depart from the noticing required by the State. Noted that staff can still provide the same kind of radius maps provided in staff reports in the past that affect real property. Minutes - Planning Commission Apd122, 2002 - Page 3 Kozak Holland Hamilton Davert Jennings Davert Di~ctor Denny Director Director reported Hamilton Director reported Referred to the changes in the Fair Political Practices rules which left some gray area within this new 500 foot requirement that affected the Planning Commission; and, stated the Planning Commission discussed the consistency between the notification and the change in that law to 500 feet. Provided background information regarding the FPPC's former 3-tier plan wherein 300 feet required automatic notification, beyond 2,500 feet presented no conflict, and anything in between was discretionary; staff recommended 500 feet to be consistent with that change; more notification is beneficial from the standpoint that more people are involved in the process. Noted that, based on the minimal cost, notice would be beneficial and the value would exceed the cost for the applicant; and, supported staff's recommendation. Stated that, if the purpose of the 500 foot noticing is to encourage more public participation, he would be supportive; however, burdening applicants with additional expense due to the FPPC rules seems excessive; and, noted that radius maps are sufficient to prevent such an occurrence. Indicated this seems like a small effort that will put more people in the process and perhaps ward off future problems. Asked if the impact on staff is a concern. Answered the impact will be minimal. Noted the City Council just passed a fee waiver policy exempting certain fees in the Cultural Resources Overlay District. Stated the application fees would be waived; however, if a public hearing notice were required, the applicant would still need to submit the mailing notifications and labels to the City and that would involve some cost. It was moved by Jennings, seconded by Kozak, to adopt Resolution No. 3830. Motion carried 5-0 REGULAR BUSINESS - None STAFF CONCERNS 4. Report of Actions taken at the April 15, 2002, City Council meeting. Staff contacted Caltrans regarding the trash along the I-5 at Tustin Ranch Road and was informed the trash was removed today. Verified that he saw Caltrans removing the trash today. The Tustin Police Department apprehended the individuals responsible for the graffiti at the French Quarter; staff forwarded the City's abatement costs for restitution; perhaps this action will be a deterrent to future perpetrators. Minutes - Planning Commission April 22, 2002 - Page 4 Director reported Hamilton Jennings Denny Kozak Davert Davert Director Davert Kozak Davert Peterson Planning Commission Consensus The City Council approved the 2002-2003 Action Plan for the use of Community Development Block Grant funds. The City Council also considered the code amendment related to the Business License Ordinance and recommended a modification to the Ordinance which would eliminate the License and Permit Board and retain the City Council as the final hearing body on any appeal; the item was continued; a revised Ordinance will be presented for Council's consideration. COMMISSION CONCERNS: Congratulated Justina Willkom on her selection as Employee of the Quarter and being showcased at the April 15th City Council meeting. Stated the monument sign on the northwest corner of Stevens Square is in disrepair; the gold paint is peeling off and should be replaced. Stated he was pleased to see the turn signals being installed at Newport and Bryan. Noted graffiti has appeared again on the back wall of the liquor store on Tustin Avenue at First Street; and, reiterated his suggestion that the property owner should be encouraged to take steps to prevent this recurrence. Stated the Microcenter sign has a partial outage on the neon band. Thanked staff for their work on tonight's items. Stated he was pleased to see the City Council pass the CDBG recommendations without any changes which means Old Town will be receiving money for design guidelines, etc. Asked staff if a decision had been reached regarding the Planning Commission meeting scheduled for May 13th. Indicated there may be a non-City business project that would have to be delayed if the May 13th meeting were cancelled; and, suggested the Commission may want to consider whether or not to cancel the second meeting in May which would be scheduled for Tuesday after the Memorial Day holiday. Stated he may have a conflict on May 13th and might not be able to stay for the entire meeting. Stated, if there is City business to be conducted, he would be available as Chairperson Pro Tem on May 13th or 28% Asked staff how the schedule looks for May 28% Answered there are no items, and staff does not anticipate any. There will be no meeting on May 28th unless this cancellation presents a hardship for an applicant. Minutes - Planning Commission April 22, 2002 - Page 5 7:30 p.m., adjourned to May 13, 2002 ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, May 13, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary Chairperson Minutes - Planning Commission April 22, 2002 - Page 6