HomeMy WebLinkAboutPC Minutes 09-13-11MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 13, 2011
7:38 p.m. CALL TO ORDER
Given INVOCATIONIPLEDGE OF ALLEGIANCE:
Commissioner Eckman
ROLL CALL:
Present: Chair Thompson
Chair Pro Tem Puckett
Commissioners Eckman, Kozak, Moore
Staff Present Elizabeth A. Binsack, Director of Community Development
Lois Boback, Assistant City Attorney
Dana L. Ogdon, Assistant Community Development Director
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Edmelynne Huffer, Associate Planner
Adrianne DiLeva, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR:
Approved 1. APPROVAL OF MINUTES -AUGUST 23, 2011, PLANNING
COMMISSION MEETING.
Motion: It was moved by Puckett, seconded by Kozak to move the Consent
Calendar. Motion carried 5-0.
PUBLIC HEARINGS:
Adopted Resolution 2. SPECIFIC PLAN AMENDMENT 11-003 (ORDINANCE NO.
No. 4178 as 1406), MCAS TUSTIN SPECIFIC PLAN
amended
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.
Minutes -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.
Ogdon Presented Specific Plan Amendment 11-003.
Staff addressed Planning Commission comments and concerns.
Planning Commission comments and concerns generally included
inquiries of land use and exchange.
The Public Hearing opened and closed at 7:48. No members of the
public stepped forward
Thompson Requested that the language in Resolution No. 4178 reflect the
language in the environmental checklist far consistency; as well as
typographical changes to Ordinance No. 1406.
Motion: It was moved by Puckett, seconded by Eckman to adopt Resolution No.
4178 as amended. Motion carried 5-0.
Adopted Resolution 3. CONDITIONAL USE PERMIT 2011-14 TO ESTABLISH AND
No. 4179 as OPERATE A FITNESS GYM WITHIN AN EXISTING
amended BUDDING 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
Minutes -Planning Commission September 13, 2011 -Page 2
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:
PROPERTY OWNER:
ENVIRONMENTAL
DETERMINATION:
RECOMMENDATION:
Tim Brooks
AEA Investments, LLC.
This project is Categorically Exempt
pursuant to Section 15301 (Class 1)
of the California Code of Regulations
(Guidelines for the California
Environmental Quality Act).
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.
Thomas
Kozak
Presented the staff report for CUP 2011-14.
Staff addressed Planning Commission comments and concerns.
Planning Commission comments
noise impacts on the surrounding
portion of the building's floor plan.
and concerns generally included
businesses, and use of the office
Noted a typographical modification is needed.
The Public Hearing opened at 7:59 p.m.
Joel Thompson stepped forward representing the applicant, Tim
Brooks. Mr. Thompson thanked staff for their work, and stated
they are excited to be opening in Tustin. Addressed Planning
Commission comments regarding the floor-plan of the building.
Motion:
The Public Hearing closed at 8:01 p.m.
It was moved by Puckett, seconded by Kozak to adopt Resolution No.
4179. Motion carried 5-0.
Minutes -Planning Commission September 13, 2011 -Page 3
Adopted Resolution
No. 4180 as
amended
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:
PROPERTY OWNER:
ENVIRONMENTAL
DETERMINATION:
RECOMMENDATION:
Chris Kim
Peter Zappas
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).
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.
Huffer Presented the staff report for CUP 2011-13.
Staff addressed Planning commission questions and concerns.
Commission questions/concerns generally included distance
requirements, and surrounding businesses hours of operation.
Minutes -Planning Commission September 13, 2011 -Page 4
The Public Hearing opened at 8:18 p.m.
The applicant, Chris Kim stepped forward. Mr. Kim spoke in
favor of the Baden Baden restaurant operating past midnight.
He stated he needs more hours of operation to make a profit on
the restaurant, and that many customers leave his business
when they realize it closes at midnight.
Lieutenant John Strain stepped forward representing the Tustin
Police Department. Lt. Strain stated the police department has
had multiple calls for service to the restaurant, and that it would
exacerbate an existing negative condition to extend the hours of
operation.
The Public Hearing closed at 8:26 p.m.
The Planning Commission discussed their position regarding
Resolution No. 4180 and expressed their concerns regarding extending
the operating hours of Baden Baden restaurant.
Moore Requested a modification to Resolution No. 4180 under finding "D"
number 1 which currently reads, "...would change the nature of the use
to a bar or night club." Would like the modification to read, "... is more
similar to a bar or night club."
Motion: It was moved by Puckett, seconded by Eckman to adopt Resolution No.
4180 as amended. Motion carried 5-0.
Continued to the 5. CODE AMENDMENT 2011-06, DRAFT ORDINANCE NO.
regular Planning 1407 -BODY ART ORDINANCE
Commission meeting
on September 27, The proposed code amendment would establish body art
2011 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
Minutes -Planning Commission September 13, 2011 -Page 5
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.
At the opening of the Planning Commission meeting, Chair Thompson
proposed that the item be continued to the next regularly scheduled
Planning Commission meeting on September 27, 2011. None
dissented.
None REGULAR BUSINESS
STAFF CONCERNS:
6. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 6, 2011,
CITY COUNCIL MEETING.
The Director noted she was available to answer any questions the
Planning Commission had regarding the September 6, 2011, City
Council meeting.
COMMISSION CONCERNS:
Eckman . Thanked staff for their work on this evening's presentations.
Moore • Attended the 9-11 Remembrance Ceremony. Stated it was a
great event.
Kozak . Thanked staff for their work, particularly on the Nonconforming
Structures, Uses, and Lots document;
• Attended the CPF Mills Act Workshop with Commissioner
Puckett;
Minutes -Planning Commission September 13, 2011 -Page 6
Kozak Cont. Attended an ACCOC dinner event, stated it was swell-done
event;
• Attended the 9-11 Remembrance Ceremony at Cedar Grove
Park, stated the tone of the event was perfect;
• Stated a tour of the Tustin hangars is approaching.
Puckett Was out of town in Kansas attending his 50t" high school
reunion, won along-drive golf contest during his trip as well;
• Happy to see the progress made on the Tustin Ranch Road
extension project, is sorry he missed the groundbreaking;
• Attended the Mills Act workshop. Stated there are 14 properties
in Tustin involved with the Act;
• Attended the OC Water District presentation on their
groundwater replenishment project, enjoyed the event;
• Would like to adjourn the meeting in Honor of his
Granddaughter's 16t" birthday which she celebrated this evening.
Thompson Attended the Tustin Ranch Road groundbreaking ceremony;
• Attended the ACCOC event, congratulated Lois Boback on her
presentation, was thoroughly satisfied with the wealth of
information provided;
• Attended the 9-11 Remembrance ceremony, thought it was a
tasteful ceremony;
8:40 p.m. 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.
Closed in Honor of Danica Joy Dotson
JEFF R. T1-iOMPSOiN
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes -Planning Commission September 13, 2011 -Page 7