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Home My WebLink About01 PC MINUTES 9-8-15 MINUTES ITEM #1 REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 8, 2015 7:02 p.m. CALL TO ORDER: 7:00 p.m. Given INVOCATION/PLEDGE OF ALLEGIANCE: Thompson ROLL CALL: Chair Thompson Commissioners Altowaiji, Kozak, Smith Excused Absence: Chair Pro Tem Lumbard None. PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES—AUGUST 25, 2015 August 25, 2015 Minutes, as RECOMMENDATION: amended. That the Planning Commission approve the Minutes of the August 25, 2015 meeting, as provided. It was moved by Kozak, seconded by Altowaiji, to approve the August 25, 2015 Minutes, as amended. Motion carried 4-0-1. PUBLIC HEARINGS: Adopted Reso. No. 2. CONDITIONAL USE PERMIT 2015-20 4294, as amended. A request to serve alcoholic beverages for on-site consumption (ABC Type 47 License) in conjunction with special events within an existing ancillary banquet facility. APPLICANT/ MARCONI AUTOMOTIVE MUSEUM PROPERTY OWNER: & FOUNDATION 1302 INDUSTRIAL DRIVE TUSTI N, CA 92780 LOCATION: 1302 INDUSTRIAL DRIVE 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. 4294 approving Minutes—Planning Commission September 8, 2015—Page 1 of 5 Conditional Use Permit (CUP) 2015-20 to serve alcoholic beverages (ABC Type 47 License — On-Sale General for a Bona Fide Public Eating Place) in conjunction with special events within an ancillary banquet area facility at the existing Marconi Automotive Museum located at 1302 Industrial Drive. Swiontek Presentation given. The Commission did not have any questions for staff. 7:14 p.m. Public Hearing opened. Priscilla Marconi, owner, provided background information to the Commission with regards to the charity work Marconi sponsors. 7:15 p.m. Public Hearing closed. Altowaiji Altowaiji asked for the number of events being held per year at the project site. He also asked if there was a sidewalk in front of the property. Ms. Marconi stated there would be approximately 106 events held per year. Swiontek Swiontek informed Altowaiji that a sidewalk had been installed. He also informed the Commission of a revision made to Condition 1.2, Exhibit A. Thompson/Kozak Both Thompson and Kozak had favorable comments for staff and the project. It was moved by Thompson, seconded by Smith, to adopt Resolution No. 4294, as amended. Motion carried 4-0-1. Adopted Reso. No. 3. CONDITIONAL USE PERMIT 2013-18 & DESIGN REVIEW 2013- 4295, as amended. 16 A request to construct and operate a 1,800 square foot restaurant (Taqueria De Anda) with a drive-thru facility, outdoor seating, and associated drive-thru signage. APPLICANT: RUBEN BURROLA ARCHEION 17671 IRVINE BLVD, SUITE 218 TUSTIN, CA PROPERTY OWNER: RAFAEL DEANDA 291 N. TUSTIN AVE ORANGE, CA 92867 LOCATION: 14232 NEWPORT AVENUE Minutes—Planning Commission September 8, 2015—Page 2 of 5 ENVIRONMENTAL: This project is categorically exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4295 approving Conditional Use Permit (CUP) 2013-18 and Design Review (DR) 2013-16 authorizing the construction and operation of an 1,800 square foot restaurant (Taqueria De Anda) with a drive- thru facility, outdoor seating, and associated drive-thru signage located at 14232 Newport Avenue. Reekstin Presentation given. Kozak Kozak's questions/comments generally included: Install the "Keep Clear" zone at the drive-thru entrance and designate the one (1) parking space, closest to the trash enclosure, for employees; favorable comments with regards to the project; potential issues with light spillover, noise, potential odor from trash enclosure, and the potential impacts for the adjacent residential area. Thompson Thompson requested clarification with regards to the Site Plan, and if the direction of the drive-thru speaker was facing the residents or Mitchell Avenue. He also confirmed the height of the block wall from the adjacent residential area and the property being 6 feet 8 inches tall. Reekstin Reekstin confirmed the location of the drive-thru speaker would be facing Mitchell Avenue. 7:32 p.m. Public Hearing opened. Ruben Burrola, architect for the project, stated that he and Rafael De Anda, property owner, agreed with the conditions. On behalf of Mr. De Anda, Mr. Burrola requested the Commission consider extending the hours of operation (interior hours open at 7 a.m.; weekdays remain open until 12 a.m.; weekends 7 a.m. to 2 a.m. - on a trial basis). He also reiterated the fact that there would be no sale of alcoholic beverages on the project site. Smith Smith's asked for clarification with regards to the acoustics generated throughout the building (acoustic study) and traffic on Newport Avenue in the morning time. He also asked if the study showed that the noise level generated by the proposed restaurant was more significant than the traffic on Newport Avenue. Reekstin Reekstin's response generally included: The acoustical study was based on the noise level in the area, which is relatively high due to the commercial area and it was factored into the study; he did not believe much of the noise was generated from the interior; however, there are noise impacts related to cars pulling in and out (i.e. car doors shutting, people talking); the study's focus was on the noise impact from the drive- Minutes—Planning Commission September 8, 2015—Page 3 of 5 thru and menu speaker; and vehicle noise would be typical of any commercial use. 7:37 p.m. Public Hearing closed. Kozak Kozak asked staff if any complaints/concerns were received from the adjacent property owners regarding this project. Reekstin Reekstin did not receive any complaints since the public hearing was noticed on September 3, 2015. He did speak to a resident early on, but there were no specific concerns, nor has he heard back from that resident. Altowaiji Altowaiji asked what the hours of operation were for the previous business. Binsack Binsack provided information from recent conditional use permits where drive-thrus are adjacent to residential areas. Staff looked at limiting the hours of operation to those close to residential areas. She stated the hours of operation presented for the project are consistent with those surrounding similar businesses. Binsack did have a concern with the Commission allowing changes to hours of operation and not being consistent with similar uses. Thompson Thompson suggested to the Commission the hours for indoor dining be modified to 7:00 a.m. and leaving the drive-thru and walk-up windows the same. Binsack As an example, Binsack referred to John's Place restaurant (First Street & Prospect Ave.) and their hours of operation in their indoor dining area being 7:00 a.m. to 12:00 a.m. on Friday and Saturday, and the request Mr. De Anda had could be consistent with this use, should the Commission allow the interior to be opened at 7:00 a.m. In the event there is an issue, staff could revisit the hours of operation. The Commission had favorable comments with regards to extending the hours from 8:00 a.m. to 7:00 a.m. for the indoor dining area Sunday through Saturday. Thompson summarized the changes to Sections 4.3, 4.4, and adding 4.9 referencing the "Keep Clear" zone of Exhibit A to Resolution No. 4295. He also asked if there is a condition for the wall. Bobak To answer Thompson's question regarding the wall separating the adjacent residential and the property, Bobak referred the Commission to the Site Plan, which is part of Condition 2.1 of Exhibit A, therefore there is no need for a separate condition. It was moved by Smith, seconded by Kozak, to adopt Resolution No. 4295, as amended. Motion carried 4-0-1. REGULAR BUSINESS: None. Minutes—Planning Commission September 8, 2015—Page 4 of 5 STAFF CONCERNS: Binsack Binsack informed the Commission of an upcoming Planning Official Forum being held October 22, 2015. COMMISSION CONCERNS: Smith None. Kozak Kozak mentioned the City's "9/11 Remembrance" at 8:30 a.m. on Friday, September 11, 2015 at Fire Station #37 on Kensington Drive. He also informed the Commission of the "California Main Street Alliance Conference" being held in February. Altowaiji Favorable comments to staff on both staff reports. Thompson Favorable comments to staff on both staff reports. 7:49 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, September 22, 2015, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes—Planning Commission September 8, 2015—Page 5 of 5