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HomeMy WebLinkAboutPC Minutes 09-27-11MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 27, 2011 7:00 p.m CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Kozak ROLL CALL: Present: Chair Thompson Chair Pro Tem Puckett Commissioners Eckman, Kozak, Moore Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Edmelynne V. Huffer, Associate Planner Adrianne DiLeva, Recording Secretary PUBLIC CONCERNS: Linda Jennings stepped forward and shared that the Lindsey House is in the process of being reconstructed with the help of volunteers. Invited the two newest Planning Commissioners to participate in the historic bus tour being given at the Art Walk. CONSENT CALENDAR: Approved as 1. APPROVAL OF MINUTES - SEPTEMBER 13, 2011, amended PLANNING COMMISSION WORKSHOP. Approved 2. APPROVAL OF MINUTES - SEPTEMBER 13, 2011, PLANNING COMMISSION MEETING. Mohan: It was moved by Puckett, seconded by Kozak to move the Consent Calendar as amended. Motion carried 5-0. PUBLIC HEARINGS: Minutes -Planning Commission September 27, 2011 -Page 1 Adopted Resolution 3. CONDITIONAL USE PERMIT 2011-15 TO ESTABLISH A No. 4182 as amended TEMPORARY CONSTRUCTION YARD FOR EQUIPMENT AND MATERIALS STORAGE ON AN EXISTING VACANT LOT LOCATED AT 1211 EDINGER AVENUE. APPLICANT: Nicholas de Haan, Flatiron Constructors, Inc. PROPERTY OWNER: Vivian Janho-Kaufman, Herbert and Vivian Family Trust ENVIRONMENTAL DETERMINATION: 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: 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. Huffer Presented the staff report for CUP 2011-15. Staff addressed Planning Commission questions and concerns. Commission questions/concerns generally included streamlining the extension process for the CUP, issues related to the stockpile of dirt and its height, plan submittal, construction hours, concerns received from the public, screening the yard from view, and proposed lighting for the site. The Public Hearing opened at 7:20 p.m. The applicant, Nicholas de Haan, stepped forward to address the Planning Commission's questions and concerns. Mr. de Haan stated that the dirt stockpile could be sprayed with a biodegradable glue to control particles which may be blown by the wind, and added that they are actively working to control the size of the stockpile. Stated his site is accountable to ensure that the BMPs are maintained. Stated there is Minutes -Planning Commission September 27, 2011 -Page 2 one portion of work which will be done at night; however, it should not negatively impact the surrounding neighborhoods. Ensured the Commission that the site will be monitored by security, and that any night-lighting utilized at the site will be turned downward as to not reflect into nearby homes. Alfredo de Valle stepped forward representing the Tustin Homeowners Association. He stated the homeowners' primary concerns are noise, and the hours of construction at the site. Stated the noise in the past has occurred as early as 5:00 a.m., and would like it to be regulated by the noise ordinance. Added that dust in the area is already an issue due to the train, and was concerned that the amount of dust blowing into their homes will increase due to the location of the site. The Public Hearing closed at 7:27 p.m. The Planning Commission renewed their concerns generally regarding screening the site, controlling the loose dirt from the stockpile, and compliance with the BMPs. Kozak Recommended an addition to Condition of Approval 2.2 clarifying that graffiti be removed within 24 hours of observation. Also recommended that Flatiron, or a representative thereof, notify surrounding homeowners when night-work will be taking place. Thompson Requested that staff reduce ambiguity in Resolution No. 4182 regarding loose dirt and dirt from the stockpile. Requested that in Condition of Approval 2.4, the hours of operation be specifically listed due to public concern expressed regarding the matter. Additionally add language to ensure compliance with AQMD and dust control, adequate screening on all sides of the site, lighting, and approval of time extensions on astaff-level. Motion: It was moved by Thompson, seconded by Puckett, to adopt Resolution No. 4182 with the discussed amendments. Motion carried 5-0. Approved Resolution 4. CODE AMENDMENT 2011-06, DRAFT ORDINANCE NO. No. 4181 as amended 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 Minutes -Planning Commission September 27, 2011 -Page 3 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 for body art practitioners and imposing operational conditions on body art facilities. 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. Reekstin Presented the staff report for Code Amendment 2011-06. Staff addressed Planning Commission questions and concerns. Commission questianslconcerns generally included zoning for the use and similar uses, model for Draft Ordinance No. 1407, potential for conflict/overlap between state law and the city ordinance, compliance with AMA medical standards, and the definition of "sharps." - Minutes -Planning Commission September 27, 2011 -Page 4 The Public Hearing opened at 7:55 p.m. Bree Dewey stepped forward representing the Orange County Health Care Agency to assist in addressing Commission questions. Stated "sharps" would be defined in Draft Ordinance No. 1407 as needles. Addressed issues regarding proper disposal of sharps. Stated the AMA has no regulation over body art facilities. Michael Marsh stepped forward in favor of Code Amendment 2011-06. Mr. Marsh has been a practicing tattoo artist for 13 years, and he addressed Commission questions and provided suggestions to improve Draft Ordinance No. 1407. Mr. Marsh's recommendations generally included transportation of contaminated instruments in a moist towel as opposed to being submerged in water,. mandatory use of an ultrasonic cleaner, use of disposable cups rather than reusable, and removing the option to use break-away needles to reduce the risk of contamination and needle-sticks. The Public Hearing closed at 8:04 p.m. The Planning Commission took consideration of Mr. Marsh's recommendations. Further Commission recommendations generally included technical clarification/definition for increased consistency in Draft Ordinance No. 1407. Motion: It was moved by Puckett, seconded by Kozak, to approve Resolution No. 4181 as amended, and requested that the amended Resolution be brought back at the next regular meeting for formal adoption by Consent Calendar. Motion carried 5-0. Continued to the 5. DRAFT ORDINANCE NO. 1397 CLARIFYING THE regular Planning MEANING OF LEGAL NONCONFORMING USES AND Commission meeting STRUCTURES IN THE CITY OF TUSTIN. on October 11, 2011 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. Minutes -Planning Commission September 27, 2011 -Page 5 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 No. 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. Ogdon Presented the staff report for Code Amendment 2011-02. Staff addressed Planning Commission questions and concerns. Commission questions/concerns generally included the intention to reduce ambiguity throughout Ordinance No. 1397 and the City code, code changes affecting plans in progress, differentiation between the zoning code and building code, and addressed recommendations within a supplemental letter from CPF. The Public Hearing opened at 9:03 p.m. The following members of the public stepped forward: Linda Jennings Deborah Rosenthal Markus Brown Whitney Hodges Bret Fairbanks Public comments and concerns were generally against adoption of Code Amendment 2011-02 as it stands; however, many believed it would be acceptable pending further study and modification. Further concerns and recommendations generally included, preservation of historic structures, burden of proof on the homeowner, a clearer differentiation between the application of the zoning code and building code, and proposal for modification of assessed market valuation to fair market valuation. The Public Hearing closed at 9:43 p.m. Minutes -Planning Commission September 27, 2011 -Page 6 The Planning Commission recessed at 9:45 p.m. and reconvened at 9:57 p.m. The Commission entered discussion regarding Code Amendment 2011-02 and requested that staff incorporate Commission and public comments and concerns into draft Ordinance No. 1397 and bring it back far consideration at the next regular meeting on October 11, 2011. Motion: The Planning Commission reached a consensus to continue the item to the next regular Planning Commission meeting scheduled for Tuesday, October 11, 2011. None REGULAR BUSINESS STAFF CONCERNS: 6. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 20, 2011, CITY COUNCIL MEETING. The Director noted she was available to answer any questions the Planning Commission had regarding the September 20, 2011, City Council meeting. COMMISSION CONCERNS: Eckman Reminded the citizens of Tustin about the Construction and Business License Fee Waiver Policy; • Encouraged supporting local non-profit organizations through Tustin Tiller Days which is approaching this weekend; • Inquired regarding traffic control at the location of Tustin Ranch Road and Pioneer due to intense school traffic. Moore Thanked Chair Thompson for his efforts to summarize a variety of issues discussed this evening; • Thanked staff for their work. Kozak Thanked staff for their work and appreciated the public input on this evening's items; • Stated draft Ordinance No. 1397 is a step forward in terms of clarification of nonconforming uses, it's nearing completion, and he looks forward to hearing the item at the next meeting; • Reminded the audience that Tustin Tiller Days is approaching; • Inquired regarding a proposal for the former Rite-Way Cleaner site. Puckett Thanked staff for their hard work; • Attended the reopening of Tustin Centennial Park; Minutes -Planning Commission September 27, 2011 -Page 7 • Is looking forward to the upcoming Tustin Tiller Days; • Inquired regarding including the Tustin Ranch Road construction site in the upcoming Tustin Legacy Tour. Thompson • Congratulated the Parks and Recreation Department on the reopening of Tustin Centennial Park; • Attended an OCTA Citizens Advisory Committee meeting, will update City Council regarding this meeting; • Was honored to sit on an OCTA Leadership Academy panel. 10:25 p.m. ADJOURNMENT A special meeting of the Tustin Planning Commission is scheduled for Tuesday, October 11, 2011 at 5:00 p.m. to tour Tustin Legacy; meeting in front of the City Council Chamber at 300 Centennial Way. 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. JE~~ R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes -Planning Commission September 27, 2011 -Page 8