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HomeMy WebLinkAboutPC Minutes 06-12-12offil-M MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JUNE 12, 2012 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Chair Puckett U • K* AW Present: Chair Puckett Chair Pro Tern Kozak Commissioners Eckman, Thompson, Moore Staff Present Elizabeth A. Binsack, Director of Community Development M. Lois Bobak, Assistant City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Adrianne DiLeva, Recording Secretary Given PRESENTATION: CERTIFICATES OF RECOGNITION TO RECENT MASTER'S DEGREE GRADUATES. Certificates of Recognition were presented to Suzanne Schwab, Joe Pearson 11, and Adrianne DiLeva. None PUBLIC CONCERNS CONSENT CALENDAR: Approved 1. APPROVAL OF MINUTES — May 8, 2012, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the May 8, 2012, meeting as provided. Motion: It was moved by Thompson, seconded by Kozak to move the Consent Calendar. Motion carried 5-0. It should be noted that items two and three were switched in order 100 during the meeting's proceedings. IN roF cwt PUBLIC HEARINGS: Adopted Resolution 2. DESIGN REVIEW 2012-002 AND CONDITIONAL USE No. 4197 as amended. PERMIT 2012-06, NEW MIXED USE BUILDING AT 125 W. MAIN. The applicant, Chris Miller of PMR Construction, is proposing the demolition of an existing warehouse building and construction of a new three-story mixed use building. The building is proposed to be situated fronting W. Main Street with retail/service commercial at the first level, office uses on the second level, and two residential units at the third level. The proposal also includes a request for the sale of alcoholic beverages in conjunction with a proposed restaurant use, joint use parking among the proposed uses, and a parking exception for required parking spaces not provided on the site. APPLICANT: CHRIS MILLER PMR CONSTRUCTION 125 W. MAIN TUSTIN, CA 92780 PROPERTY OWNER: P.J. JAHANGIRI PMR CONSTRUCTION 125 W. MAIN STREET TUSTIN, CA 92780 ENVIRONMENTAL: This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) section 15332, class 32. NXWTSIMXWZ�11M That the Planning Commission adopt Resolution No. 4197, recommending that the City Council approve Design Review (DR) 2012-002 and Conditional Use Permit (CUP) 2012-06 to authorize the construction of a mixed-use development (restaurant, office and residential), joint use parking among the proposed uses, the sales of alcoholic beverages in conjunction with a restaurant use and parking exception for the project at 125 W. Main Street. Commissioner Thompson recused himself from the dais due to a conflict with his property being located within 300 feet of the project. Minutes — Planning Commission June 12, 2012 — Page 2 of 8 Stonich Gave a presentation of the item. RON Commission questions generally included: code enforcement action on the property, the historical building status of the property, status on retaining the large tree in front of the property, color of the new structure, parking ratio requirements within the parking analysis, and replacement of the chain-link fence and gate. The public hearing opened at 8:04 p.m. The following members of the public stepped forward: Greg Kelly Chris Miller P.J. Jahangiri Linda Jennings Greg Kelly expressed his general support for the project; however, had some concerns related to safety barriers during construction, a trash enclosure rather than an exposed bin, and barriers between the parking lot and construction site. AN Chris Miller, the applicant, clarified that the curb is a six-inch curb, parking bumpers would be present, and that the trash bin is enclosed. P.J. Jahangiri, the property owner, addressed the Commission questions regarding the color of the building. Mr. Jahangiri stated the photographs provided are darker than the actual color of the proposed building. Linda Jennings stated the new building will be a great addition to Old Town; however, would like it to be the same color scheme as other buildings in the area. The public hearing closed at 8:15 p.m. The Planning Commission entered deliberation on the item. Puckett Is excited for the project to begin and stated it will be a wonderful addition to Old Town Tustin. Eckman Believes it is because of the adoption of Ordinance No. 1416 z providing a parking exception for the property that helped get the project underway. Stated the building's mixed-uses will be beneficial to the area. Minutes — Planning Commission June 12, 2012 — Page 3 of 8 Kozak Agrees with his fellow Commissioners' prior comments. Stated his concerns regarding the color of the building have been addressed, and that the outdoor features of the property are excellent. Moore Stated the building would be a great addition to Old Town; however, from a Design Review standpoint he doesn't like the color or lack of brick accents. Would not be in support of the project without these changes. Requested that if the item is approved, language be added to the Conditions of Approval to ensure the trash bin is enclosed, the outdoor fireplace is gas-burning, retention of the ficus tree, and that roof equipment be shielded from view. Motion: Adopted Resolution No. 4198. It was moved by Puckett, seconded by Eckman, to adopt Resolution No. 4197 as amended. Motion carried 3-1. Moore dissented. REGULAR BUSINESS: 3. APPEAL OF INVALID BUSINESS LICENSE FOR OC MEDICAL SPA, 17542 IRVINE BLVD., SUITE A. In response to information received regarding alleged unlawful activity, the Tustin Police Department conducted an undercover investigation of OC Medical Spa on May 8, 2012, and made an arrest for prostitution. Because the information provided in the original business license application did not contain an accurate description of the nature of the business being conducted and because the business being conducted was unlawful, the Community Development Director deemed the business license invalid on May 10, 2012, and notified Ms. Nguyen that this decision was appealable to the Planning Commission. On May 18, 2012, Ms. Nguyen submitted an appeal of the Director's decision. Pursuant to Tustin City Code Section 2512g, any person may appeal any decision of the Director (with respect to a business license) in accordance with Tustin City Code Section 9294. APPELLANT: KIM THU THI NGUYEN 17542 IRVINE BLVD., STE. A TUSTIN, CA 92780 PROPERTY OWNER: ROBERT ELLIS 17542 IRVINE BLVD., STE. B TUSTIN, CA 92780 ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15061(b)(3) of the California environmental quality act (CEQA) Minutes — Planning Commission June 12, 2012 — Page 4 of 8 guidelines. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; therefore it is not subject to CEQA, RECOMMENDATION: Adopt Resolution No. 4198 denying the appeal and upholding the decision of the Community Development Director determining the business license issued to OC Medical Spa to be invalid. Reekstin Gave the presentation of the item. Planning Commission questions for staff included further information on the appellant's business background and criminal history, the opportunity that massage parlors provide for prostitution and human trafficking, and clarification on whether or not the chiropractor listed as an operator on the business license was on-site during the investigation. The Director added the appellant's prior business background/history cannot be used for the determination to deny the appeal. Denial must IN be based on the recent occurrence at hand. NOUN Sergeant Quinn, representing the Tustin Police Department, stepped forward to respond to Commission questions regarding massage parlors providing the opportunity for prostitution and human trafficking. He stated that massage parlors provide an environment of opportunity for prostitution, and that he and his detectives actively investigate for these types of occurrences. At this time the appellant's representative, Marc D. Wasserman, stepped forward to speak. Mr. Wasserman stated the appellant does not tolerate illegal behavior, and immediately terminated the employment of the offending employee. Mr. Wasserman added that the charges of prostitution are allegations, and that the arrestee pleaded innocent to these allegations. Stated the City was quick to pass judgment on the appellant, although she does not tolerate illegal activity. Mr. Wasserman requested that the City allow OC Medical Spa to continue its chiropractic services. Further questions were asked regarding the business license renewal lapsing, the responsibility of the business owner for his/her employee's actions, the alleged code violation of installing locks on the internal doors of the massage establishment, and of Mr. Wasserman's preparedness in representing the appellant. Minutes — Planning Commission June 12, 2012 — Page 5 of 8 The chiropractor listed on the business license, Dr. Oliva, stepped forward to speak. Dr. Oliva stated he told the original property owner during the construction phase that there should be no locks installed ow on the internal doors of the establishment. He stated he is not aware at this time if the doors have locks. Mr. Wasserman rebutted that many of the questions from the Commission were allegations, with no facts being proven yet in court. He stated that he may appear unprepared to respond to Commission questions, because he was hearing much of the testimony and details of the incident for the first time, since he was not provided with a staff report. Mr. Wasserman requested that the Commission wait to make a final decision until after the case is heard in court. The Director clarified that the report prepared by staff, along with all the attachments, were sent to the appellant and property owner at the same time they were provided to the Commission. They were also made available for public review on the City website. Stated it was the appellant's prerogative to provide the report to Mr. Wasserman. No one further stepped forward to speak, and the Commission entered deliberation of the appeal. Kozak Stated he has full faith and confidence in the thoroughness of staffs report and testimony. Added that the location in question is across the street from a middle school, and it is disconcerting to have this activity happening there. Recommended adoption of Resolution No. 4198. Moore Has concerns generally regarding the invalid permit, Dr. Oliva being unaware if there are locks on the internal doors, and the associated code and legal violations. Is in support of adopting Resolution No. 4198. Thompson Agreed with Commissioner Moore in that the presentation of facts of the case are disturbing. Stated the appellant claims "nothing else was going on" other than the misconduct by her employee; however, there are other code and permit requirement violations which have occurred. Is in favor of adopting Resolution No. 4198. Puckett Agreed with the comments made by his fellow Commissioners, and is troubled by the incident. Recommended adoption of Resolution No. 4198. The Commission consensus was to uphold the Director's decision and to deny Ms. Nguyen's appeal based on the internal door locks within the establishment which violated the business' conditions of approval, the lapse of the massage establishment permit without renewal, and the act of prostitution reported by the Tustin Police Department. Minutes — Planning Commission June 12, 2012 — Page 6 of 8 The Director made it known for the record that this item is appealable to City Council within ten calendar days. Motion: It was moved by Eckman, seconded by Thompson to adopt Resolution No. 4198, Motion carried 5-0. STAFF CONCERNS: The Director reported as follows: • The City Council approved a parking exception contract for the property located at 195 El Camino Real; • Also adopted an approval and license agreement for T-Mobile at Cedar Grove park pursuant to a federal court order; • Approved a modified project funding approach and award for the construction contract of phase two of the Tustin Ranch Road extension. COMMISSION CONCERNS: Moore Attended the Chili Cook-off and enjoyed this event; • Stated Mayor Nielsen did a great job at his State of the City address; • Congratulated Chair Puckett on his first meeting this year as Chair. Thompson 0 Attended the strategic plan meeting and found it to be very informative; • Enjoyed the Chili Cook-off and noted that it is largest Chili Cook-off event in the hemisphere; • Congratulated the recent Master's degree graduates once again; • Expressed his appreciation for the Tustin Police Department and all their dedication and faithfulness in serving the community; • Would like to provide the Commission with a presentation at an upcoming meeting on the historical facilities at Camp Pendleton which he toured. Eckman Attended the Chili Cook-off and also had the privilege to judge the chili. Congratulated all the contestants and hoped many non-profits benefited from the event; • Thanked Donna Marsh-Peery who was the Committee President for the Chili Cook-off for coordinating such a successful event; • Congratulated the recent Master's degree graduates; • Attended the State of the City Luncheon and loved the video presentation provided by Mayor Nielsen. Stated Tustin's Mayor Minutes — Planning Commission June 12, 2012 — Page 7 of 8 Eckman cont. is definitely committed to providing the best service, and gave a special thanks to him and the Council for all their hard work. Kozak Once again congratulated the Master's degree graduates; • Thanked staff for their thorough and hard work on this evening's agenda items; • Attended the Chili Cook-off as a judge, thanked Donna and all of the Parks and Recreation employees for putting on a great event; • Stated Mayor Nielsen's State of the City presentation was informative and entertaining, was thankful for the opportunity to attend; • Reminded the audience that the Tustin Police Department is holding their 16th annual open house. Puckett • Congratulated the recent Master's degree graduates; • Attended a Memorial Day celebration at Fairhaven Memorial Park, it was a well-done event; • Attended the Chili Cook-off and tasted/judged twenty different chili's; • Attended the Man and Woman of the Year event. Congratulated Chris Barr and Jean Simon on winning; • Attended the ribbon cutting for Johnny Jeans in Old Town Tustin. Wished Paul and Brenda every success in their new business; • Enjoyed attending the State of the City Luncheon; • Attended the Southern California Edison executive breakfast. Stated it was an enlightening presentation; • Tustin Community Foundation sponsored a High Tea at Wilcox Manor. Stated Erin Nielsen and her staff did an excellent job hosting the event; • Attended the 13th annual Flag Day dinner. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, June 26, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. A ,8LlZABETH A. BINSACK U Planning Commission Secretary CHARLES E. PUCKETT Chairperson Minutes — Planning Commission June 12, 2012 — Page 8 of 8