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HomeMy WebLinkAboutPC MINUTES 9-13-16 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 13, 2016 7:01 p.m. CALL TO ORDER: 7:00 p.m. Given INVOCATION/PLEDGE OF ALLEGIANCE: Mason ROLL CALL: Chair Lumbard Chair Pro Tem Smith Commissioners Mason, Kozak, Thompson None. PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES —AUGUST 23, 2016 August 23, 2096 Minutes. RECOMMENDATION: That the Planning Commission approve the Minutes of the August 23, 2016 Planning Commission meeting, as provided. Motion: It was moved by Kozak, seconded by Mason, to approve the Minutes of the August 23, 2016 Planning Commission meeting. Smith abstained. Motion carried 4-0-1. PUBLIC HEARING ITEM: 7:05 p.m. Public Hearing Opened. Adopted Reso. 2. CONDITIONAL USE PERMIT (CUP) 2016-08 TO ESTABLISH A No. 4399, as KARAOKE MUSIC STUDIO AT 14561 & 14571 RED HILL amended. AVENUE APPLICANT: Sung Hak Ko JDS Total Design Solution 3183 Wilshire Blvd., Suite 610 Los Angeles, CA 90010 PROPERTY OWNER: Richter Farms Trust Interpacific Asset Management Co. ENVIRONMENTAL: This project is categorically exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301, Class 1 pertaining to existing facilities. Minutes—Planning Commission September 13,2016—Page 1 of 5 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4319 approving CUP 2016-08 to establish a karaoke music studio in an existing 5,000 square foot tenant space located at 14561 & 14571 Red Hill Avenue. Dove Presentation given. Thompson Thompson asked staff about the opposition letters presented within the packet, as well as at the dais. He questioned the signatures since some were out-of-city addresses versus Tustin and what the letters relevance would be since the subject property is over 150 feet away from the addresses listed in the letters. Thompson also asked that the individuals who signed the opposition letters come forward and state the proximity from their residence to the subject property in order to get a better understanding of locations. Binsack In response to Thompson's questions, Binsack stated that the residential uses are likely within 150 feet from the property line of the entire plaza. She also stated that the letters of opposition in question were likely form letters and that individuals may have just included their names on the form. She also stated that staff already identified that the subject property is within 150 feet from the property line. Lumbard Lumbard addressed the audience and asked if the authors of the opposition letters were present and that they would be given an opportunity to speak at the meeting. 7:13 p.m. Public Comments Opened. Mr. Ken Henderson, Red Hill Avenue resident, lives 390 feet from the subject property and his opposition to the project generally included: assumption that people would drink alcohol, noise from people and cars, as well as loitering in parking lot of the plaza. Mr. Fred Cox, owner of the condominium property on Red Hill Avenue (south of the plaza area), stated that the opposition forms were from him and that they were signed by his tenants. His main concern was the presumed increase in noise from the subject property. Mr. Doug Brown, principal designer/land use specialist, of the project, referred to staffs accurate findings with regards to the project and that the use would be compatible with the neighborhood. He also stated that there would be certain setbacks that the applicant would adhere to and there would be sound attenuation provided within the subject property. Mr. Brown referred to Mr. Henderson's comments on noise and alcohol. He stated that the subject property is not a nightclub. Mr. Brown also disagreed with Mr. Cox when he stated he lived close to the subject property. He also referred to the two (2) other units separating the subject property from the property line. Ms. Huong Ngo, owner and resident of the Red Hill Avenue Plaza, opposed Minutes--Planning Commission September 13,2016--Page 2 of 6 the project. Her concern was that she considered it "adult entertainment" and because of the church and school are near the plaza. 7:25 p.m. Public Comments Closed, Thompson Thompson thanked members of the audience for their opinions on the item. He also referred to Condition 2.3 with regards to the restriction on alcohol use. Thompson read the modified Condition 2.5 to the audience with regards to sound attenuation addressing the comments made on the noise concern. He also explained the revocation process, should the applicant not comply with the conditions within the resolution. Kozak Kozak was concerned with the possibility of the sound from the karaoke music studio affecting the nearby residential area. He met with staff and the result of that meeting was the amended Condition 2.5. Smith Smith commended staff on a job well done with the Conditions of Approval as far as addressing the concerns previously stated by the opposed members of the audience. He also reminded them that, if necessary, staff could review the CUP should any issues arise in the future. Lumbard Lumbard reiterated what his fellow commissioners stated. He stated that if he lived near the proposed project, he would also be concerned with the noise of people singing, drinking in the parking lot, people loitering outside of the proposed project and being a nuisance to the neighbors. Lumbard also stated that staff has attempted and succeeded in restricting what can happen on the subject property and the plaza area. He also understood those who were opposed and their concerns. Lumbard asked the applicant to come forward to state whether or not he will abide by the amended Condition 2.5. Danesh Mistry, representative for the applicant, stated that he and the applicant agree with Condition 2.5. Mason Mason thanked the audience members for their thoughtful comments. She also thanked staff for the detail they provided with the staff report. Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4319, as amended. Motion carried 5-0. Binsack Binsack stated, for the record, that the item is appealable and that the appeal period ends in ten (10) calendar days. 7:36 p.m. Public Hearing Closed. REGULAR BUSINESS: 3. WORKSHOP— HISTORIC PRESERVATION The purpose of this workshop is to highlight the City's programs to protect and revitalize historic structures, sites, and features within Tustin and to provide the Commission with an update on the status of the City's historic Minutes—Planning Commission September 13,2016--Page 3 of 6 preservation programs and the Commission's efforts to date. Many of these programs were implemented in conjunction with the City's recognition as a Certified Local Government in Historic Preservation. Reekstin Presentation given. Mason Mason commended Reekstin on his presentation. She also asked for clarification on the two (2) separate recognitions. Mason referred to a "tax break" or "incentive" if a person owns historic property and restores the property back to its original state and they match the specifications or if it is based on distinct buildings. Reekstin In response to Mason's question, Reekstin referred to the Plaque Program and the Commendation Program and provided descriptions of each program. He also stated that the programs are only available to those who have historic buildings. Reekstin mentioned other programs that might benefit new buildings (i.e. parking incentive). Binsack Binsack stated the Mills Act Program is only available to historic residential properties and does not apply to commercial properties. The City's currently evaluating whether or not staff might make a recommendation to the Commission and City Council as to whether or not it should be applied to commercial properties as well. Smith Smith asked for the number of Certificates of Appropriateness issued in the last year. Reekstin/ In response to Smith's question, Reekstin stated that approximately ten (10) Binsack Certificates of Appropriateness were issued in the last year. Binsack stated that in this calendar year, approximately 30 Certificates of Appropriateness were issued. Thompson Thompson commended Reekstin on his presentation. He also asked if staff could put the Power Point presentation on the City's website. Binsack Binsack stated that people have a misconception that they cannot do anything to historic buildings, but they can. Under the Commission's leadership, the Residential Design Guidelines were set as well as establishing the City's first Commercial Design Guidelines. The purpose for the guidelines is to ensure that all new development is compatible and complementary to the District and that if additions are going to be proposed, the additions must be compatible and complimentary. As an example, Binsack referred to the Jabberwocky as being one of the most significant projects with reference to the add-on located at the rear of the Jabberwocky property. Kozak Kozak had favorable comments for Reekstin's presentation. Lumbard Lumbard had favorable comments for Reekstin's presentation. Received and filed. Minutes--Planning Commission September 13,2016--Page 4 of 5 STAFF CONCERNS: Binsack Binsack informed the Commission of Samantha Bier's promotion to Associate Planner and introduced new employee Jessica Aguilar, Assistant Planner. COMMISSION CONCERNS: Mason No concerns. Favorable comments for the Tustin train station. Kozak Kozak congratulated Beier and welcomed Aguilar. He attended the 9111 Remembrance at Fire Station #37. Kozak asked staff to contact Cal Trans and have them clean up the debris off of the landscaped areas between Red Hill Avenue and Tustin Ranch Road off of the 5 Freeway. Thompson Thompson attended the following events: • 9111 Remembrance Ceremony • 9113 Urban Land Institute Luke Thompson started at Northern Arizona University. Thompson will not attend currently scheduled Planning Commission meetings in October 2016 for coursework on real estate finance and management at a school back east and the ULI Annual Conference in Dallas, Texas. Smith No concerns. Lumbard Lumbard attended the following events: • 8125 Groundbreaking of the Village at Tustin Legacy • Happy Belated Labor Day everybody! • 918 OC Tax Fair in Newport Beach • 9110 Thin Blue Line Supporters Group • 9/104 th Annual Pasta Fest • 9111 Remembrance Ceremony ADJOURNMENT- The next regular meeting of the Planning Commission is scheduled for Tuesday, September 27, 2016, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Closed the meeting in memory of those lives lost and those affected by the 9/11 terrorist attacks. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes—Planning Commission September 13, 2016—Page 5 of 5