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Home My WebLink About09 P.C. ACTION AGENDA 01-19-98ACTION AGENDA PLANNING COMMISSION REGULAR MEETING NO. 9 1-19-98 JANUARY 12, 1998 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 7:00 p.m., City Council Chambers Commissioner Pontious Commissioner Kozak ROLL CALL: Commissioners Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Elizabeth A. Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Scott Reekstin, Associate Planner Sara Pashalides, Associate Planner Karen Peterson, Associate Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concems were expressed. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR 'SEPARATE ACTION.) Planning Commission Action Agenda January 12, 1998 Page 2 1. Minutes of the December 8, 1997 Planninq Commission Meetin,q. 2. General Plan Consistency Finding, Lot 115 of Tract 14396 (TUSD) Commissioner Davert moved, Commissioner Pontious seconded, to approve the Consent Calendar. Motion carded 5-0. PUBLIC HEARINGS . Code Amendment 97-002; Tustin City Code Section 9276, Wireless Communication Facility Regulations and Guideline~ APPLICANT: LOCATION: ENVIRONMENTAL STATUS: REQUEST: CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92780 CITYVVIDE A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ADDITION OF TUSTIN CITY CODE SECTION 9276 TO ESTABLISH REGULATIONS AND GUIDELINES FOR WIRELESS COMMUNICATION FACILITIES. Recommendation - That the Planning Commission: . Adopt Resolution No. 3565 recommending that the City Council approve the environmental determination for the project; and, . Adopt Resolution No. 3566 recommending that the City Council approve Code Amendment 97-002. Scott Reekstin, Associate Planner presented the subject report. Commissioner Davert moved, Commissioner Pontious seconded to adopt Resolution No.. 3565 recommending that the City Council approve the environmental determination for the project. Motion carded 5-0. Commissioner Davert moved, Commissioner Pontious seconded, to recommend that the City Council approve Code Amendment 97-002 with Ordinance 1192 revised as follows: Page 2, Item 4 - after "be located" insert "and/or co-located" Planning Commission Acuun Agenda January 12, 1998 Page 3 Page 2, Item $ - delete "by restricting" and insert "and prevent" Page 3, Item 1 ;3 - after "five year pedod" insert "and/or at annual intervals thereafter," Page 9, 2.a, Subsection 1 - after "signs" insert "and/or co-located on existing facilities." Page 11, h.4 - after "to locate" insert "and/or co-locate" Page 12, I - change "Criteria" to "Standards" Page 12, j,-first sentence - after "(5) years" insert "and/or at annual intervals thereafter," Page 12, j, last sentence - after "safety" insert "' community aesthetics" Page 12, k, second sentence changed to read: "A recorded memorandum of lease setting forth the term of the lease* shall be submitted to the Director prior to the issuance of a building permit for the major wireless communication facility." Page 12, k, - change "five (5) dayS after" to "five (5) days prior to" Page 13, m - change paragraph to read: "Violations of this Ordinance shall constitute a public nuisance and shall also constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to Tustin City Code Section 1121." Motion carried 5-0. 4. Conditional Use Permit 97-013 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: JASON JERALDS TUSTIN BREWING COMPANY, INC. 13011 NEWPORT AVENUE, SUITE #100 TUSTIN, CA 92780 JACK STANALAND SOMERSET FINANCE CORPORATION 1509 S. COAST HIGHWAY, SUITE ~ LAGUNA BEACH, CALIFORNIA 92651 13011 NEWPORT AVENUE, SUITE #100 CENTRAL COMMERCIAL DISTRICT (C-2) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1, MINOR ALTERATIONS TO EXISTING PRIVATE FACILITIES) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Planning Commission Actio,, Agenda January 12, 1998 Page 4 REQUEST: AUTHORIZATION TO ESTABLISH AN OUTDOOR SEATING AREA IN CONJUNCTION WITH AN EXISTING RESTAURANT, ESTABLISH LIVE ENTERTAINMENT AND MODIFY HOURS OF OPERATION AT 13011 NEWPORT AVENUE, SUITE #100. Recommendation - That the Planning Commission adopt Resolution No. 3570 approving Conditional Use Permit 97-013. Karen Peterson, Associate Planner presented the subject report. Commissioner Davert moved, Commissioner Pontious seconded to adopt the revised Resolution No. 3570 brought to'the meeting which was also amended at the meeting as follows: Exhibit A, Page 3, Item 3.8 - "Monday through Friday, 9:00 a.m. and 2:30 a.m. on Saturday," should read "Monday through Friday, 9:00 a.m. and 2:00 a.m. on Saturday". Motion carded 5-0. 5. conditional Use Permit 97-026 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: UNITED OC NEON SIGNS, INC. 21704 DEVONSHIRE ST., #302 CHATSWORTH, CA 91311 ATTN: BRUCE ALLEN GOLDENWEST DIAMOND CORP 15732 TUSTIN VILLAGE WAY, SUITE A TUSTIN, CA 92780 15712 - 15762 TUSTIN VILLAGE WAY COMMERCIAL RETAIL - PARKING OVERLAY (CI-P) THIS PROJECT IS A STATUTORY EXEMPTION PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AMEND THE MASTER SIGN PLAN FOR THE CENTER TO PERMIT ANCHOR TENANTS TO HAVE LARGER PRIMARY AND SECONDARY SIGNS. Recommendation - That the Planning Commission adopt Resolution No. 3573 denying Conditional Use Permit 97-026. Sara J. Pashalides, Associate Planner presented the subject report. Commissioner Pontious moved, Commissioner Kozak seconded, to continue the item to the February 9, 1998 Planning Commission meeting to allow staff the opportunity to work with the applicant. Motion carded 5-0. Planning Commission Ac,,~n Agenda January 12, 1998 Page 5 6. Amendment to Conditional Use Permit 93-025 APPLICANT: PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TODD NIELSEN TUSTIN CARNICERIA 15822 PASADENA AVENUE TUSTIN, CALIFORNIA 92780 JOHN RICHARDSON 30781 S. COAST HIGHWAY LAGUNA BEACH, CA 92651 15822 PASADENA AVENUE CENTRAL COMMERCIAL DISTRICT (C-2) THIS PROJECT IS A STATUTORY EXEMPTION PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AMENDMENT TO CONDITION 3.15 OF PLANNING COMMISSION RESOLUTION NO. 3186 TO ALLOW ONE (1) EXTERIOR PAY PHONE AT 15822-15882 PASADENA AVENUE. Recommendation: That the Planning Commission continue this item to the regularly scheduled meeting on January 26, 1998. Karen Peterson, ASsociate Planner presented the subject report. Commissioner Pontious moved~ Commissioner Kozak seconded, to continue the item to the regularly scheduled meeting on January 26, 1998. Motion carried 5-0. REGULAR BUSINESS: None Scheduled STAFF CONCERNS: 7. Report on Actions taken at the January 5, 1998 City Council Meeting. Elizabeth A. BinSack, Community Development Director reported on the subject agenda. Commissioner Pontious moved, Commissioner Davert seconded, to receive and file the subject agenda. Motion carried 5-0. Planning Commission Actio~ Agenda. January 12, 1998 Page 6 COMMISSION CONCERNS: Commissioner Davert Indicated that a member of the Cultural Resources Advisory Committee (CRAC) suggested that it might be appropriate for the CRAC to review projects in the Cultural Resources Overlay District. Staff will provide a response to this request at a future meeting. Commissioner Kozak - Stated he was glad to be back after the holidays. Commissioner Pontious Stated that she met one of the Code Enforcement Officers in the field and they are doing a great job. Stated that she will be suggesting that the EDC organize a marketing workshop for businesses in the City. Chairman Mitz. man Stated' that he received notification through his homeowners association of the MCAS EIR hearing on February 5, 1998 and inquired about a rehearsal for the Commission prior to the hearing. Staff responded that there would be a rehearsal. - ASked. staff of the progress of his request to change noticing procedures. Staff stated that a response would be brought to the Commission in February. ADJOURNMENT: Commissioner Kozak moved, Commissioner Davert seconded, to adjourn the meeting at 9:03 p.m. Motion carded 5-0. A MCAS Specific Plan/Reuse Plan Workshop on Chapters 4-5 will be held at 6:00 p.m. on January 26, 1998, City Council Chambers, 300 Centennial Way, Tustin. The next meeting of the Planning Commission will be held on January 26, 1998 beginning at 7:00 p.m., City COuncil Chambers, 300 Centennial Way, Tustin.