Loading...
HomeMy WebLinkAboutPC Minutes 10-23-12MINUTES REGULAR MEETING ry TUSTIN PLANNING COMMISSION OCTOBER 23, 2012 7:00 p.m. CALL TO ORDER: Given INVOCATION/PLEDGE OF ALLEGIANCE: Chair Kozak Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Eckman, and Moore Staff Present Elizabeth A. Binsack, Director of Community Development M. Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Stonich, Senior Planner Joe Pearson 11, Planning Intern Tom Vo, Planning Intern Adrianne DiLeva, Recording Secretary Chair Pro Tern Thompson noted for the record that he will need to leave the meeting at 8:00 p.m. this evening. CONSENT CALENDAR: Approved 1 APPROVAL OF MINUTES — OCTOBER 9, 2012, PLANNING COMMISSION. That the Planning Commission approve the minutes of the October 9, 2012, meeting as provided. It was noted by the Assistant City Attorney that the minutes of October 9, 2012, should be approved in two separate motions, due to Commissioner Altowaiji's abstention from hearing item three. Motion: It was moved by Thompson, seconded by Eckman, to move item three. Motion carried 4-1. Commissioner Altowaiji abstained. Minutes — Planning Commission October 23, 2012 — Page 1 of 7 Motion: It was moved by Altowaiji, seconded by Thompson to move the remainder of the minutes. Motion carried 5-0. It should be noted that item three was heard before item two during the progression of the meeting. Adopted Resolution 2. SPECIFIC PLAN AMENDMENT 2012-001 (ORDINANCE No. 4209 as amended NO. 1414) INCLUDING AMENDMENT OF THE CITY OF TUSTIN ZONING MAP, GENERAL PLAN AMENDMENT 2012-001 TO PROVIDE A GENERAL UPDATE TO THE FIRST STREET SPECIFIC PLAN. The Planning Commission held public workshops on the First Street Specific Plan on January 25 and March 22, 2011. On September 15, 2011, Community Development Department staff held a Community Workshop with affected property owners and other interested parties. The purpose of all three workshops was to identify and discuss First Street Specific Plan document strengths and weaknesses with the intent of identifying necessary revisions that might be needed. On September 25, 2012, the Planning Commission held an additional public workshop where staff presented the proposed amendment of the First Street Specific Plan. At that time, the Planning Commission directed that all discretionary actions needed to implement the proposed amendment of the First Street Specific Plan be presented for formal action at their meeting of October 23, 2012. Generally, the Amendments: 1. Address residential uses; 2. Eliminate expansion areas; 3. Eliminate the hopscotch zoning pattern of primary uses so that retail and office uses can occur anywhere in the District; 4. List auto repair as a conditionally permitted use; 5. Update parking, development, and use regulations; 6. Revise First Street Specific Plan Boundaries to include or exclude entire properties; 7. Eliminate references to the Community Redevelopment Agency; Minutes — Planning Commission October 23, 2012 — Page 2 of 7 8. Eliminate the First Street Specific Plan's tow-tier system of supporting primary uses and discouraging secondary uses, and; 9. Update First Street Specific Plan Design Guidelines. ENVIRONMENTAL ANALYSIS - DRAFT NEGATIVE DECLARATION: That the Planning Commission adopt Resolution No. 4209, recommending that the Tustin City Council adopt Ordinance No. 1414, approving Specific Plan Amendment (SPA) 2012-001, including amendment of the Tustin Zoning Map; and, approve General Plan Amendment 2012-001, incorporating the associated changes to the General Plan with other minor updates. Ogdon Gave a presentation of the item and noted that a minor change was made to Appendix E of the First Street Specific Plan updating am the recent dates of workshops and the public hearing, as well as 0 modifying a typographical error in the Ordinance. Planning Commission questions included: the existing use of the PD zone which is being removed; impact of the First Street Minutes — Planning Commission October 23, 2012 — Page 3 of 7 The California Environmental Quality Act requires an analysis of a project's potential impacts prior to formal consideration by the appointed decision maker. Consistent with CEQA, a Negative Declaration has been prepared in support of the proposed amendment of the First Street Specific Plan and associated amendment of the General Plan. The proposed GPA 2012-01 and SPA 2012-01 are considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). An Initial Study and findings for a proposed Negative Declaration have been prepared regarding this project for consideration and recommendation by the Planning Commission. In compliance with the State CEQA Guidelines, the Initial Study and Draft Negative Declaration was made available for a 20-day public review and comment period from September 27, 2012, through October 23, 2012. A Notice of Intent to adopt a Negative Declaration will be prepared for subsequent City Council consideration since the City Council is the final approval authority for the project. That the Planning Commission adopt Resolution No. 4209, recommending that the Tustin City Council adopt Ordinance No. 1414, approving Specific Plan Amendment (SPA) 2012-001, including amendment of the Tustin Zoning Map; and, approve General Plan Amendment 2012-001, incorporating the associated changes to the General Plan with other minor updates. Ogdon Gave a presentation of the item and noted that a minor change was made to Appendix E of the First Street Specific Plan updating am the recent dates of workshops and the public hearing, as well as 0 modifying a typographical error in the Ordinance. Planning Commission questions included: the existing use of the PD zone which is being removed; impact of the First Street Minutes — Planning Commission October 23, 2012 — Page 3 of 7 Specific Plan on the community; and an approximate timeline for when the First Street Specific Plan will be refreshed. E The public hearing was opened and closed at 7:34 p.m. with no members of the audience stepping forward to speak. Altowaiji Inquired on public feedback received regarding the FSSP. Had no additional concerns regarding the project. Moore Stated the document has been greatly improved and appreciated how staff will continue to revisit the document to work on the long- term updates. Is in support of approving the item. Eckman Echoed the comments of his fellow Commissioners and stated that with staffs continued work on the document it will only get better over time. Thompson Stated staff has done a great job with public outreach on this project, and also liked the objectives for long-term goals in updating the document. Kozak Congratulated staff for their work on the project and stated that the final product is a great collaboration with the public, members of the Commission, and staff. Added that he would like to eventually integrate mixed-uses into First Street and improve the street design to include bus turnouts. Motion: It was moved by Altowaiji, seconded by Eckman to adopt Resolution No. 4209 as amended. Motion carried 5-0. Adopted Resolution 3. REVOCATION OF MASSAGE ESTABLISHMENT No. 4208 as amended PERMIT FOR WD MASSAGE, 13846 RED HILL AVENUE. In response to law enforcement observations of suspicious activity, the Tustin Police Department conducted an undercover investigation of WD Massage on August 31, 2012, and made an arrest for prostitution. Pursuant to Tustin City Code Section 3721, the Planning Commission may revoke a massage establishment permit for any of several reasons, including violations of the Tustin City Code and Statutes of the State of California. PERMITTEE: Yun Zhao Deng 27111 Mariscal Lane Mission Viejo, CA 92691 Minutes — Planning Commission October 23, 2012 — Page 4 of 7 100- MEMO-- PROPERTY OWNER: Howard Abel 125 Baker Street, E #208 Costa Mesa, CA 92626 PROPERTY LOCATION: 13846 Red Hill Avenu,.- ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) 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. Adopt Resolution No. 4208 revoking the massage establishment permit issued to Ms. Yun Zhao Deng for WD Massage. Reekstin Gave a presentation for the item and noted that an additional item was added to the Resolution, indicating that WD Massage stopped operating after the business license was deemed invalid. Commission questions included whether a business license has ever been granted after invalidation of the original license. Commission deliberation of the item included a consensus to revoke the massage establishment permit based on facts of the matter given in staff's report and Resolution. The permittee, Ms. Deng, or a representative of the permittee, was not present to provide testimony to the Commission during deliberation of the item. Motion: It was moved by Thompson, seconded by Altowaiji, to adopt Resolution No. 4208 as amended. Motion carried 5-0. Received and filed 4. SUMMARY OF PROJECTS. The following is a list of projects and activities since the Summary of Projects report provided at the July 24, 2012, Planning Commission meeting. The list focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items of interest. Minutes — Planning Commission October 23, 2012 — Page 5 of 7 I W tgwk i I -ky, I W1 1071.19 W ilk I That the Planning Commission receive and file this item. Gave a presentation of the item. The Commission thanked staff for the informative presentation. There was no formal motion for the item, and it was received and filed. STAFF CONCERNS: The Assistant City Attorney clarified that she misspoke at the prior meeting regarding CUP 2012-10 for the Wilcox Manor. Stated that the CUP would need to be tied to the land and could not be tied to the property owners as previously conditioned by the Planning Commission. The Director added that although the CUP runs with the land, subsequent property owners are required to agree to the conditions imposed in the CUP and remain accountable for complying with the conditions. The Director reported that the Mayor's Thanksgiving Breakfast is upcoming, and stated that the Commission should have received an invitation to RSVP. COMMISSION CONCERNS: Altowaiji 0 Had nothing to report on this evening. Moore • Reminded everyone to vote and that the Dino Dash is upcoming; • Inquired regarding the road improvements near Jamboree and the 5 Freeway. Eckman Reminded the audience to let their voices be heard by voting; • Attended the PDAOC Forum; • Thanked staff for the assistance they provide to the Planning Commission. Thompson Attended the opening of the Fitness Zone at Frontier Park wk and congratulated the Parks and Recreation Department l on this new addition; Minutes — Planning Commission October 23, 2012 — Page 6 of 7 Thompson cont. • Attended the PDAOC Forum and was impressed with the development activity around Orange County; • Appreciated the City Council candidate debates; • Attended the OCTA Citizens Advisory Committee meeting, will be updating the City Council soon on the details of the meeting; • Attended the Old Town Art Walk and conducted tours of Old Town. Kozak Thanked staff for the opportunity to attend the PDAOC Forum; • Attended the City Council candidates forum; • Enjoyed the Old Town Art Walk and stated it was well- attended; • Echoed the comments of his fellow Commissioners to vote on November 6 th 802 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is MINES scheduled for Tuesday, November 13, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. 0' /STEV E-I'OZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission October 23, 2012 — Page 7 of 7