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Home My WebLink About00 PC Agenda 10-11-11SPECIAL MEETING TOUR OF THE LEGACY NEIGHBORHOODS A, B, C, F, AND G LEAVING CITY HALL AT 5:00 P.M. TOUR DESTINATIONS:* Orange County Rescue MissionNillage of Hope, 1 Hope Drive, 5:20 p.m. Advanced Technology and Education Park, 15445 Lansdowne Road, 5:30 p.m. Orange County Social Services Tustin Family Campus, 15405 Lansdowne Road, 5:35 p.m. Heritage Schoo1,15400 Lansdowne Road, 5:40 p.m. Orange County Sheriff s Regional Training Academy, 15991 Armstrong Avenue, 5:45 p.m. Columbus Square Clubhouse, 15214 Columbus Square Street, 5:50 p.m. Tustin Rail Station, 2975 Edinger Avenue, 6:00 p.m. Columbus Groves Clubhouse, 16601 Sonora Street, 6:20 p.m. The District at Tustin Legacy, 2437 Park Avenue, 6:30 p.m. *Arrival/De arture times are ap roximate. AGENDA REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 11, 2011 CALL TO ORDER: 7:00 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: Chair Thompson ROLL CALL: Commissioners Eckman, Kozak, Moore, Puckett, Thompson PUBLIC CONCERNS: (Limited to 3 minutes per person far 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. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available far public inspection in the Community Development Department located at 300 Centennial Way, Tustin, California, during normal business hours. ~= p~ 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 October 11, 2011 -Page 1 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 27, 2011, PLANNING COMMISSION. 2. APPROVAL OF CODE AMENDMENT 2011-06, DRAFT ORDINANCE NO. 1407 -BODY ART ORDINANCE. On September 13, 2011, a public hearing was duly noticed and called by the Planning Commission on Code Amendment 2011-06. The public hearing was continued to September 27, 2011, at which time the Commission adopted Resolution No. 4181 recommending that the Tustin City Council approve Code Amendment 2011-06, subject to confirmation by the Planning Commission as part of the Consent Calendar on October 11, 2011. RECOMMENDATION: That the Planning Commission confirm that the revisions to Draft Ordinance No. 1407 correctly reflect the direction provided by the Commission on September 27, 2011. PUBLIC HEARINGS: 3. DRAFT ORDINANCE NO. 1397 CLARIFYING THE MEANING OF LEGAL NONCONFORMING USES AND STRUCTURES IN THE CITY OF TUSTIN. On September 27, 2011, the Planning Commission considered the proposed Ordinance 1397 and continued the public hearing to October 11, 2011, and requested that staff address concerns brought up by the Planning Commission and the public. The general concerns are as follows: 1) The issue of value (i.e. fair market, appraised, assessed, replacement, reasonable, etc.) for the purpose of repair, maintenance, and/or replacement; 2) Impact to existing historic resources; 3) The time period in which the owner would need to provide Statement of Evidence; 4) Incorporation of suggested evidence listed in the Investigative Procedures dated August 30, 2011, onto the proposed Ordinance; 5) Zoning Code versus Building Code; 6) General Plan Consistency. Agenda -Planning Commission October 11, 2011 -Page 2 ENVIRONMENTAL DETERMINATION: 4 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 No. 4183 recommending: 1) That the Tustin City Council find that the Negative Declaration prepared for Code Amendment (CA) 11-002 (Draft Ordinance No. 1397 - as amended) is adequate; and, 2) That the Tustin City Council adopt Draft Ordinance No. 1397 - as amended, to provide clarity, consistency, and reduce ambiguity related to nonconforming uses and structures in the City of Tustin. Presentation: Elizabeth A. 13insack, Director of Community Development CONDITIONAL USE PERMIT 2011-17, LIVE ENTERTAINMENT. A request by OCSA, Inc. (Super Antojitos restaurant) to operate live entertainment in conjunction with an existing restaurant located at 341 E. 1St Street. Sections 3232 and 9270b(3)(e) of the Tustin City Code requires approval of a conditional use permit for the presentation of live entertainment. APPLICANT: OCSA, Inc., (Super Antojitos) PROPERTY OWNER: Dinosha, LLC ENVIRONMENTAL DETERMINATION: This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4186, approving Conditional Use Permit 2011-17 authorizing the operation of live entertainment in conjunction with an existing restaurant located at 341 E. 1St Street. Presentation: Ryan Swiontek, Associate Planner Agenda -Planning Commission October 11, 2011 -Page 3 5 6 CODE AMENDMENT 2011-05, ALCOHOL BEVERAGE SALES. Walgreen Co. has submitted a code amendment application to revise Tustin City Code Sections 9232a1.(a) and 9271dd(1). Tustin City Code Section 9232a1.(a) allows off-site sales of alcoholic beverages by rights when located within a building and permitted business with at least 15,000 square feet in gross floor area and where the alcoholic beverages sales area does not exceed ten(10) percent of the gross floor area. Section 9271dd(1) requires approval of a conditional use permit prior to the establishment of an off-site alcoholic beverage sales establishment that are less than 15,000 square feet or when the alcoholic beverages sales area exceed ten (10) percent of the gross floor area and that these types of establishments are subject to distance requirements to sensitive uses. The proposed Code Amendment 2011-05 would reduce the threshold of gross floor area from 15,000 square feet to 12,000 square feet. APPLICANT: Walgreen Co., Michael Redstone PROPERTY OWNER: Steven M. Brown ENVIRONMENTAL DETERMINATION: This project is Categorically Exempt pursuant to Section 15270(A) of the California Code of Regulations (Guidelines for California Environmental Quality Act). CEQA does not apply to projects which a public agency rejects or disapproves. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4184, denying Code Amendment 2011-05, a request to amend Sections 9232a1.(a) and 9271dd(1) to allow off-site sales of alcoholic beverages businesses with more than 12,000 square feet as outright permitted uses in the Retail Commercial (C-1) zoning district and require approval of conditional use permits for businesses with less than 12,000 square feet grass floor area and where the alcoholic beverages sales area is more than ten (10) percent of the grass floor area and subject to distance requirements to sensitive uses, respectively. Presentation: Edmelynne V. Huffer, Associate Planner CONDITIONAL USE PERMIT 2011-16, ESTABLISHMENT AND OPERATION OF A CONVENIENCE STORE. A request by 7-Eleven, Inc. to establish and operate a 24-hour convenience store within a 2,952 square foot tenant space located at 13842 Newport Avenue #E. Sections 9232b10 and 9235c1 of the Tustin City Code require approval of a Conditional Use Permit for convenience stores. Agenda -Planning Commission October 11, 2011 -Page 4 APPLICANT: 7-Eleven, Inc. PROPERTY OWNER: Tae Sung Lee & Myong Ok Lee ENVIRONMENTAL DETERMINATION: This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4185, approving Conditional Use Permit 2011-16 authorizing the establishment and operation of a 24-hour convenience store within a 2,952 square foot tenant space located at 13842 Newport Avenue #E. Presentation: Ryan Swiontek, Associate Planner REGULAR BUSINESS: 7. FOLLOW-UP DISCUSSION - TUSTIN LEGACY AND RAIL STATION TOUR. The primary purpose of the discussion is to provide a forum for the Commission to generally discuss the tour and to make recommendations for future tours. RECOMMENDATION: That the Planning Commission receive this report and provide direction to staff. STAFF CONCERNS: 8. REPORT OF ACTIONS TAKEN AT THE OCTOBER 4, 2011, CITY COUNCIL MEETING. Presentation: Elizabeth A. Binsack, Director of Community Development COMMISSION CONCERNS: ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, October 25, 2011, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Agenda -Planning Commission October 11, 2011 -Page 5