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HomeMy WebLinkAbout02 PC Minutes 04-09-13 ITEM # 2 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION APRIL 09, 2013 7:05 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Chair Kozak Sworn-in by Mayor 1. SEATING OF COMMISSIONERS KOZAK, LUMBARD, Al Murray AND SMITH. ROLL CALL: Present: Chair Kozak Chair Pro Tem Thompson Commissioners Altowaiji, Lumbard, and Smith Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Justina Willkom, Assistant Director of Community Development Amy Stonich, Senior Planner Edmelynne V. Hutter, Associate Planner Adrianne DiLeva-Johnson, Management Assistant None PUBLIC CONCERNS Approved CONSENT CALENDAR: 2. APPROVAL OF MINUTES – MARCH 26, 2013, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the March 26, 2013, meeting as provided. Motion: It was moved by Thompson, seconded by Altowaiji, to move the Consent Calendar. Motion carried 3-0-2 with Commissioners Lumbard and Smith abstaining. PUBLIC HEARINGS: Adopted Resolution 3. CONDITIONAL USE PERMIT 2013-02, FITNESS GYM. No. 4218 The applicant is proposing to occupy an existing 2,831 square-foot office and warehouse space to include a multiuse fitness room, an office, storage rooms and two restrooms. The proposed use is a small gym and more similar to a dance or Pilates studio than a large gym establishment like a 24-Hour Fitness center. The proposed Rycka CrossFit use is described as individual and small group high intensity workouts with classes lasting one hour or less. The proposed gym would operate Monday through Friday, between 5:00 am to 8:00 pm and Saturday through Sunday, between 8:00 am to 10:00 am. APPLICANT: Joshua Benson Spectrum Fitness, LLC 14271 Jeffrey Road, Suite 144 Irvine, CA 92620 PROPERTY OWNER: 14332 Chambers, LLC Attn: James Rich 802 S. Bay Front Newport Beach, CA 92662 PROJECT LOCATION: 14332 Chambers Road ENVIRONMENTAL: This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301, Class 1. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4218, approving the establishment of a fitness gym use within an existing 2,831 square-foot industrial tenant space located at 14332 Chambers Road. Hutter Gave a presentation of the item. Minutes – Planning Commission April 9, 2013 – Page 2 of 7 Planning Commission questions included: clarification on operating hours; compilation of the surrounding uses; compatibility with the surrounding industrial uses; and clarification on parking requirements. The public hearing opened at 7:23 p.m. The applicant, Joshua Benson, stepped forward. Mr. Benson thanked the Commission for the opportunity to open his business in Tustin. He additionally described the style of exercise provided at his facility, as well as background information on the business name “Rycka CrossFit.” The public hearing closed at 7:27 p.m. Planning Commission discussion generally included support of the proposed project. Commissioner Altowaiji inquired on an amendment which was provided at the dais, clarifying the hours which the applicant believes will generate the most traffic at the location. Staff noted the amended conditions were at the request of Chair Pro Tem Thompson. Chair Kozak clarified that the applicant was aware and accepting of the addition of Condition 2.7. Motion: It was moved by Thompson, seconded by Altowaiji to adopt Resolution No. 4218 as amended. Motion carried 5-0. Adopted Resolution 4. ORDINANCE NO. 1429, ZONING CODE UPDATE (CODE No. 4210 AMENDMENT 2013-001) CONTINUED FROM THE PLANNING COMMISSION MEETING OF MARCH 12, 2013. Ordinance No. 1429 (Code Amendment 13-001) proposes the incorporation of text amendments to Articles 4 and 9 of the Tustin City Code (TCC). The incorporation of the proposed text amendments will ensure internal consistency; consistency with the requirements of State Law by incorporating legal updates; and, consistency with the Tustin General Plan. ENVIRONMENTAL: The proposed code amendment is considered a “project” subject to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21000 et al. City staff has prepared an Initial Study which was available for public review from February 20, 2013, Minutes – Planning Commission April 9, 2013 – Page 3 of 7 through March 12, 2013. The City Council will consider the Draft Negative Declaration at the public hearing. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4210 recommending that the Tustin City Council adopt a Negative Declaration and approve Code Amendment 13- 001 (CA 13-001) by adopting Ordinance No. 1429 to amend Article 4 and Article 9 of the Tustin City Code. Stonich Gave a presentation of the item providing general information and responding to prior public comments received at the March 12, 2013, Planning Commission meeting and comments received on April 9, 2013. Commission questions generally included: Thompson Stated it seems as if the essence of the written and oral public comments express concerns regarding the proposed Code Amendment effecting the Wilcox Manor CUP which came before the Planning Commission and is yet to go before City Council. Asked for clarification if any of the provisions of the Code Amendment before the Commission this evening provided favor or opportunity for the Wilcox Manor application in any way. Stonich Stated each concern was addressed. Binsack Provided additional information stating that the applicants for Wilcox Manor requested a Conditional Use Permit under the provisions of the Cultural Resources (CR) District. That Conditional Use Permit is yet to be considered by City Council. If the proposed draft Ordinance is adopted by the Council, and if it was in place when the applicants for Wilcox Manor made their initial application submittal, they would still have needed to request a new Code Amendment themselves, or request a Conditional Use Permit under the same CR provisions for which they submitted their initial application. In no way would the Ordinance before the Commission this evening make any difference or modification to the Wilcox Manor application. Altowaiji, Kozak, Had no preliminary questions. Lumbard, Smith The public hearing opened at 8:14 p.m. Minutes – Planning Commission April 9, 2013 – Page 4 of 7 Chad Ortlieb stepped forward. He expressed his primary concerns regarding Live Entertainment, noise, the Wilcox Manor project; and staff’s chart listing Use Determinations. In addition, Mr. Ortlieb noted his concerns about his comments not being submitted timely and that the staff report should have been made available sooner. Lindburgh McPherson stepped forward to speak regarding Wilcox Manor. He stated he is disturbed that his Wilcox Manor application is being drawn into the proposed Code Amendment; that it has nothing to with his application; he continues to be singled out; and, the proceedings send a bad message to those who want to do business in the City. The public hearing closed at 8:24 p.m. The Commission began discussion of the item. Lumbard Thanked the speakers for their comments. Stated he does not believe the proposed Code Amendment should be combined with the Wilcox Manor application, and that the two items are separate processes. Thanked staff for the informative presentation. Altowaiji Thanked staff for incorporating the Commission’s comments and addressing the concerns noted. Thanked the public for their input. Smith Added to his fellow Commissioners comments. Thanked the public for their input and thanked staff for being responsive to the input received. Thompson Thanked those who took the time to attend this evening’s meeting and for providing public input. Thanked staff for allotting time to respond to comments received earlier that day. Stated he felt there was mistrust surrounding the Wilcox Manor application, and ensured the audience that the Code Amendment is not associated with the Wilcox Manor Conditional Use Permit application. Is in support of the proposed Code Amendment as it is a clean-up item only. Hopes that as a Commission they are able to listen to all public concerns and make the right decision. Kozak Thanked all who attended the meeting. Stated he also agreed that the item is a clean-up and it is clear that this Code Amendment is in no way connected with the current or any future Wilcox Manor applications. Stated staff did an excellent job in responding to the public comments received and that it was a thorough and comprehensive report. Minutes – Planning Commission April 9, 2013 – Page 5 of 7 Motion: It was moved by Kozak, seconded by Altowaiji, to adopt Resolution No. 4210 as amended. Motion carried 5-0. None REGULAR BUSINESS STAFF CONCERNS: The Director reported as follows:  Welcomed and congratulated the new Planning Commissioners.  Asked that the Commission adjourn to the Workshop which will be held at 6:00 p.m. on April 23, 2013. COMMISSION CONCERNS: Smith  Had no additional concerns this evening. Lumbard  Thanked everyone from the public who attended this evening’s meeting;  Stated he is looking forward to working with his fellow Commissioners and is humbled by the opportunity to serve. Altowaiji  Thanked staff for their work this evening and their quick response to the public comments;  Welcomed the newly appointed Commissioners and looks forward to working with them;  Attended the Annual Easter Egg Hunt, stated it was a fun event, and thanked the Parks and Recreation Department and Tustin Community Foundation for hosing. Thompson  Thanked Ken Eckman and Fred Moore for their service on the Planning Commission, congratulated Chair Kozak on his appointment, and welcomed Commissioners Lumbard and Smith. Kozak  Thanked staff for their hard work in covering all of this evening’s comments and providing a timely response. Stated he felt confident in this evening’s deliberations.  Thanked Ken Eckman and Fred Moore for their contributions to the Planning Commission and welcomed Commissioners Lumbard and Smith. Minutes – Planning Commission April 9, 2013 – Page 6 of 7 8:37 p.m. ADJOURNMENT: Adjourned to the Planning Commission Workshop scheduled for Tuesday, April 23, 2013, at 6:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes – Planning Commission April 9, 2013 – Page 7 of 7