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Home My WebLink About01 PC Minutes 11-13-12 ITEM # 1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 13, 2012 7:00 p.m. CALL TO ORDER: Given INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Altowaiji ROLL CALL: Chair Kozak Chair Pro Tem Thompson Commissioners Altowaiji, Eckman, and Moore Staff Present Elizabeth A. Binsack, Director of Community Development Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Stonich, Senior Planner Tom Vo, Planning Intern Adrianne DiLeva, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR: Approved 1. APPROVAL OF MINUTES – OCTOBER 23, 2012, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the October 23, 2012, meeting as provided. Motion: It was moved by Altowaiji, seconded by Thompson, to move the Consent Calendar as amended. Motion carried 5-0. PUBLIC HEARINGS: Adopted Resolution 2. CONDITIONAL USE PERMIT 2012-12: OXFORD No. 4211 TUTORING. A request by Oxford Tutoring to operate a tutoring facility located within an existing 4,586 square foot tenant space. One on one and small group tutoring for children of all age groups in a multitude of subjects is provided. Tutoring involves instruction with homework, test preparation, skill building, and other areas. In addition, Oxford also offers vocational training to students in foster programs to help them transition to independent living. Oxford Tutoring is an approved provider of Supplemental Educational Services and provides state funded tutoring to qualified students. APPLICANT: Oxford Tutoring 14425 Culver Drive Irvine, CA 92604 PROPERTY OWNER: AEA Investments, LLC 1525 Superior Avenue, #104 Newport Beach, CA 92663 PROJECT LOCATION: 3057 Edinger Avenue Tustin, CA 92780 ENVIRONMENTAL: 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. 4211, approving Conditional Use Permit 2012-12 to operate a tutoring facility within an existing 4,568 square foot tenant space located at 3057 Edinger Avenue within Jamboree Plaza. Swiontek Gave a presentation on the item. Planning Commission questions generally included: whether the mezzanine of the building was already existing or permitted; on- site parking requirements/limits; the property meeting all Building Code requirements; Group B versus Group E occupancy; hours of operation; details on the whether the CUP runs with the land if the use of the property changes; what is the effect on the CUP if there is a lapse in the use; and why a tutoring center needs a CUP. Minutes – Planning Commission November 13, 2012 – Page 2 of 6 The public hearing opened at 7:18 p.m. The applicant, Matthew Phung, stepped forward. Mr. Phung stated he had no questions for the Planning Commission at this time, and that he agreed with all of the Conditions of Approval. The public hearing closed at 7:20 p.m. The Planning Commission entered into deliberation of the item. Altowaiji Stated this project is a great opportunity to help students and he is in support of its approval. Moore Believes the project is wonderful and will bring vitality to the center where it is located. Eckman Supports the approval of this project based on the given Conditions of Approval. Thompson Complimented the project and stated he would move its approval. Kozak Stated the use is compatible with the area and he would support the CUP. Motion: It was moved by Thompson, seconded by Eckman, to adopt Resolution No. 4211. Motion carried 5-0. REGULAR BUSINESS: Received and tentatively 3. TRANSMITTAL OF DRAFT: CODE AMENDMENT 2012- set for public hearing on 03 (ORDINANCE 1418) REGARDING MINOR UPDATE December 11, 2012 TO THE CITY OF TUSTIN PARKING CODE. Staff is providing a draft of Code Amendment 2012-03 to the Planning Commission to begin the process of reviewing the proposed changes in anticipation of a formal presentation and consideration at a public hearing in December. When the hearing is set, all discretionary actions necessary to implement the update, including any required environmental documents will be presented. Staff initiated the proposed Code Amendment (CA) 2012- 03 in order to strengthen parts of the Code such as:  Clarifying maintenance requirements, include and establish parking requirements for land uses listed in zoning districts, Minutes – Planning Commission November 13, 2012 – Page 3 of 6  Establish parking criteria for small and large commercial centers,  Combine parking design standards for residential and non-residential uses,  Address loading spaces,  Update figures,  Add definitions. RECOMMENDATION: That the Planning Commission receive the Community Development Department’s draft Code Amendment 2012- 03, Ordinance 1418 regarding proposed minor updates to the City of Tustin Parking Code and tentatively set the item for public hearing on December 11, 2012. Provided general information on the intent of the Code Willkom Amendment transmittal to the Planning Commission. Stated there will be a formal staff presentation on the item when it is brought forward during the public hearing which should tentatively be set for December 11, 2012. Initial Commission questions/comments generally included: the permit requirement for restriping a parking lot; application of the proposed new requirements on existing uses; clarification on requirements for parking studies and creating a template for applicants completing the studies; opportunities to receive input from active developers within the community; clarification on parking requirements for different school uses; and grandfathering existing facilities. Stated that staff will address the Commission’s initial questions Willkom from this evening before the item is brought forward at the public hearing. Added that further detail on the item will be provided within the formal presentation. Chair Kozak stated the implementation of these changes will make the process for business development within the community more efficient and effective. Looks forward to staff’s upcoming presentation of the item. Proposed to receive the item and tentatively set a public hearing for December 11, 2012. STAFF CONCERNS: The Director reported as follows:  The City Council considered and approved the Irvine Company and St. Anton Partner’s apartment development projects;  The Mayor’s Thanksgiving Breakfast is upcoming on th Thursday, November 15, 2012. Minutes – Planning Commission November 13, 2012 – Page 4 of 6 COMMISSION CONCERNS: Eckman  Congratulated the three Councilmembers elected by Tustin residents. Looks forward to working with each of them. Altowaiji  Congratulated the newly elected Councilmembers;  Inquired on upcoming Planning Commission meeting dates in November and December. Moore  Echoed the comments of his fellow Commissioners in congratulating the three new Councilmembers;  Wished everyone a Happy Thanksgiving;  Added that he will be a new Grandfather at the next meeting. Thompson  Extended his congratulations to Commissioner Moore on being a new Grandfather, along with the new Councilmembers and Councilmembers Amante and Gavello who have provided great service to the City Council and community;  Would like to give a presentation at the next meeting on a school-related trip he took to China where he met with industry and government officials;  Participated in the Dino Dash and congratulated his sons, Luke and Michael, for taking two minutes off of their time from last year;  Inquired on receiving Planning Commission agenda packets via iPad in the future. Kozak  Thanked staff for their hard work on this evening’s items;  Congratulated the Tustin Public Schools Foundation on the success of the Dino Dash;  Congratulated the three Councilmembers-elect and also thanked Councilmembers Amante and Gavello for their service;  Is looking forward to the Mayor’s Thanksgiving Breakfast and wished everyone and their families a Happy Thanksgiving. Moore  Requested to close the meeting this evening in Honor of Raymond Watson, who was an extraordinary businessman, husband, and father who’s planning and architectural skills touched many communities throughout Orange County. He has many accomplishments and awards, but is most notable for serving at The Irvine Company and being on the Board of Directors for the Walt Disney Company. Minutes – Planning Commission November 13, 2012 – Page 5 of 6 7:40 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, December 11, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Closed in Honor of Raymond Watson. Minutes – Planning Commission November 13, 2012 – Page 6 of 6