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HomeMy WebLinkAbout00 PC Agenda 09-27-11AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 27, 2011 CALL TO ORDER: 7:00 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Kozak 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 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 -SEPTEMBER 13, 2011, PLANNING COMMISSION WORKSHOP. 2. APPROVAL OF MINUTES -SEPTEMBER 13, 2011, PLANNING COMMISSION MEETING. PUBLIC HEARINGS: 3. CONDITIONAL USE PERMIT 2011-15 TO ESTABLISH A TEMPORARY CONSTRUCTION YARD FOR EQUIPMENT AND MATERIALS STORAGE ON AN EXISTING VACANT LOT LOCATED AT 1211 EDINGER AVENUE. 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 ~(~~+~J 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 27, 2011 -Page 1 APPLICANT: PROPERTY OWNER: ENVIRONMENTAL DETERMINATION: Nicholas De Haan, Flatiron Constructors, Inc. Vivan Janho-Kaufman, Herbert and Vivian Family Trust This project is Categorically Exempt pursuant to Section 15304(e) of the California Environmental Quality Act (CEQA) related to minor temporary use of land having negligible or no permanent effects on the environment. RECOMMENDATION: 4 That the Planning Commission adopt Resolution No. 4182, approving Conditional Use Permit 2011-15, a request to establish a temporary construction yard for equipment and materials storage at an existing vacant lot located at 1211 Edinger Avenue. Presentation: Edmelynne V. Hutter, Associate Planner 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. 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 far body art practitioners and imposing operational conditions on body art facilities. Agenda -Planning Commission September 27, 2011 -Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4181, recommending that the Tustin City Council adopt Draft Ordinance Na. 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. Presentation: Scott Reekstin, Senior Planner 5. DRAFT ORDINANCE NO. 1397 CLARIFYING THE MEANING OF LEGAL NONCONFORMING USES AND STRUCTURES IN THE CITY OF TUSTIN. At the request of the City Council, staff prepared draft Ordinance No. 1397 to provide clarity, provide consistency and reduce any ambiguity related to any nonconforming structures, uses and lots in the City. The Tustin City Council has requested that the Planning Commission consider verbatim City Council minutes of March 15, 2011 and draft Ordinance No. 1397, and provide a recommendation on the proposed ordinance to the Tustin City Council. Resolution No. 4183 has been prepared for Planning Commission consideration and action in this regard. ENVIRONMENTAL DETERMINATION: The Planning Commission should consider the Initial Study and the Negative Declaration provided as Exhibit 1 to Planning Commission Resolution No. 4183 and recommend it to the Tustin City Council as adequate for Code Amendment 11-002 (Ordinance No. 1397). RECOMMENDATION: That the Tustin Planning Commission adopt Resolution Na. 4183, recommending that 1) the Tustin City Council find that the Negative Declaration is adequate; and, 2) recommending that the Tustin City Council adopt Ordinance No. 1397, to provide clarity, consistency, and reduce ambiguity related to nonconforming uses and structures in the City of Tustin. Presentation: Dana L. Ogdon, Assistant Director of Community Development REGULAR BUSINESS: None STAFF CONCERNS: Agenda -Planning Commission September 27, 2011 -Page 3 6. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 20, 2011, CITY COUNCIL MEETING. Presentation: Elizabeth A. Binsack, Community Development Director COMMISSION CONCERNS: ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, October 11, 2011, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Agenda -Planning Commission September 27, 2011 -Page 4