HomeMy WebLinkAboutPC MINUTES 10-25-16 MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
OCTOBER 25, 2016
7:00 p.m. CALL TO ORDER: 7:00 p.m.
Given. INVOCATION/PLEDGE OF ALLEGIANCE: Kozak
ROLL CALL: Chair Lumbard
Chair Pro Tem Smith
Commissioner Kozak
EXCUSED ABSENCE: Mason and Thompson
None. PUBLIC CONCERNS:
CONSENT CALENDAR:
Approved the 1. APPROVAL OF MINUTES—SEPTEMBER 27, 2016
Minutes of the
September 27, RECOMMENDATION:
2016 meeting,
as amended. That the Planning Commission approves the Minutes of the
September 27, 2016 Planning Commission meeting as provided.
2. SUMMARY OF PROJECTS
Received& filed. The report provides a summary of projects and activities since the
last Summary Report presented at the July 12, 2016, Planning
Commission meeting. The report focuses on the status of projects
that the Planning Commission, Zoning Administrator, or staff
approved; major improvement projects; Certificates of
Appropriateness; Code Enforcement activities; and, other items
which may be of interest to the Commission.
Motion: It was moved by Kozak, seconded by Smith, to approve the Consent
Calendar as follows: 1) Approved the Minutes of the September 27,
2016 Planning Commission meeting, as amended 2) Received and fled
the Summary of Projects. Motion carried 3-0-2.
PUBLIC HEARING ITEMS:
7:04 p.m. Opened Public Hearing Item #3.
3. CONDITIONAL USE PERMIT 2015-22 & DESIGN REVIEW 2015-
016
Adopted Reso. APPLICANT: Leason F. Pomeroy, III
No. 4329. LP3 Architecture, Inc.
158 N. Glassell St., Suite 201
Minutes—Planning Commission October 25,2016—Page 1 of 10
Orange, CA 92866
PROPERTY OWNER: 215 El Camino LLC
616 E. Chapman Ave.
Orange, CA 92886
LOCATION: 215-217 EI Camino Real
ENVIRONMENTAL:
This project is categorically exempt (Class 1) pursuant to Section
15301 of the California Environmental Quality Act.
REQUEST:
A request to enlarge and convert an existing office/commercial
building to a restaurant; to establish an alcoholic beverage sales
establishment with outdoor restaurant seating; and to satisfy required
on-site parking (twenty (20) parking stalls) through the Old Town
Parking Exception Program at 215-217 EI Camino Real.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4329 approving
Conditional Use Permit (CUP) 2015-22 and Design Review (DR)
2015-016 to authorize the enlargement and conversion of an existing
office/commercial building to a restaurant with on-site beer, wine, and
distilled spirit sales (ABC License Type 47) and an outdoor restaurant
seating area and a, parking exception of twenty (20) parking spaces
for the property located at 215-217 EI Camino Real.
Reekstin Presentation given.
Kozak Kozak referred to the masonry wall issue.
Reekstin In response to Kozak's questions, Reekstin stated that the motivation of
the wall was to create an enclosed small garden space for the windows
opening on the north side of the building, but staff decided it would not
be appropriate to have a solid wall at that location given the views from
the north. He also stated that an alternative could be proposed to be
more "open" yet still provide a more aesthetically pleasing view from
inside of the restaurant since the adjacent lot to the north is currently
vacant and could be developed in the future.
Smith Smith asked if the wall would be between the two (2) properties and if
the lot was generally vacant and being used as a parking lot during the
Farmer's Market only. He referred to the satellite image within the staff
report.
Reekstin Per Reekstin, Smith was correct. He stated that the vacant lot to the
north was being used as a temporary basis for various things. The other
Minutes—Planning Commission October 25,2016—Page 2 of 10
lot is where the Farmer's Market is located. Presently, there is no
building on that site. Reekstin also stated that the day the image was
taken from the satellite was the day of the Farmer's Market.
Lumbard Lumbard asked if the property owner to the north and south of the
project site engaged in this project and if they were part of the
discussion.
Reekstin In response to Lumbard's question, Reekstin stated that originally the
applicant had proposed a different project which would have included an
outdoor seating area on the vacant lot to the north.
7:15 p.m. Opened the Public Comments Section.
Al Ricci, building owner with the applicant, introduced a few members of
the audience who are part of the project, as well as a brief history on his
restaurant projects. Mr. Ricci informed the Commission his attempt to
work with the Prescotts, owners of the vacant lot, but was unsuccessful.
A representative, Ed Patrick, addressed the Commission making
reference to the Gabbi's restaurant in the City of Orange and the
success of that restaurant. He also thanked Reekstin and Ryan
Swiontek (former Senior Planner) for their help with the entire process.
The Commission generally had favorable comments for the project and
to the applicant for investing in the Old Town area.
Mr. Michael Lumbard, resident, also spoke in favor of the project.
7:21 p.m. Closed the Public Comments Section.
Kozak Kozak thanked staff for the information on the coloring of the facade and
asked if a discussion had yet taken place with staff and the applicant
regarding the color palette.
Reekstin Reekstin stated that staff would be working with the applicant during the
plan check process regarding the color palette, particularly the color
white.
Smith Smith referenced the Power Point presentation and asked staff for the
location of the two (2) inspiration photos (examples) and what
businesses they were.
Reekstin Reekstin stated that the photos were taken from the Gracias Madre
restaurant in Beverly Hills.
Lumbard Lumbard reiterated to the Commission the importance of having good
quality, exciting, family-owned businesses in the Old Town area. He
also thanked the applicant for bringing his business to Tustin.
Minutes—Planning Commission October 25, 2016—Page 3 of 10
Motion: It was moved by Kozak, seconded by Smith to adopt Resolution No.
4329. Motion carried 3-0-2.
7:24 p.m. Closed Public Hearing Item #3.
7:24 p.m. Opened Public Hearing Item #4.
Adopted Reso. 4. CONDITIONAL USE PERMIT 2016-16
No. 4331.
APPLICANT: Roy Chin
OB Square Group, LLC
1131 Shorecrest Lane
Huntington Beach, CA 92648
PROPERTY OWNER: Howard L. Abel
c/o WREM, Inc.
3146 Red Hill Ave. #150
Costa Mesa, CA 92626
LOCATION: 13832 Red Hill Avenue
ENVIRONMENTAL:
This project is categorically exempt (Class 1) pursuant to Section
15301 of the California Environmental Quality Act.
REQUEST:
To sell alcoholic beverages (ABC Type 41 License) for the on-site
consumption of beer and wine in conjunction with a 2,750 square foot
restaurant.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4331 approving
Conditional Use Permit (CUP) 2016-16 to authorize an ABC Type 41
License for the sale of alcoholic beverages (beer and wine) for on-
site consumption in conjunction with a 2,750 square foot restaurant
(OB Square Restaurant) located at 13832 Red Hill Avenue.
Beier Presentation given.
Smith Smith questioned the clustering of late hour activity along Newport
Avenue being part of the plan or if it was a coincidence since other
businesses have asked for later hours in the past. He also asked staff if
that area was declared a "late night zone".
Binsack In response to Smith's questions, Binsack stated that many of the
referenced establishments are non-conforming uses, bona fide cocktail
lounges/bars, but not actual eating establishments. If any non-
conforming uses were to expand, they would need to meet the City's
Minutes—Planning Commission October 25,2016—Page 4 of 10
current standards. Binsack stated that in addition, some of the other
bona fide eating establishments were established prior to the policy the
Commission adopted and is currently in place. She also stated that over
the years, the City has reviewed the ABC License ordinances and
policies and have made various recommendations to the Commission
and the City Council, and they are consistent with maintaining those
standards. Binsack also stated that the City is currently in the process of
reviewing ABC License ordinances and policies again. The City will then
return to the Commission recommending whether or not the Commission
wants staff to maintain the ordinances and policies or have staff re-
evaluate what the policies and ordinances might be due to the fact that
there have been some changes in the industry. Should the Commission
approve what staff has proposed, the applicant could return to the
Commission and request a modification, at a later time, which is how
some of these items previously mentioned have evolved over time.
Smith Smith's follow up questions generally included: the prior discussions
staff represented hours of operation and alcohol establishments; ABC
License policy suggesting that staff has advanced ideas and the
Commission has affirmed those ideas; and he asked if any inquiries
were made to the City of Diamond Bar and their experiences or issues
with the restaurant operating in their city.
Binsack Binsack confirmed that over the last 20 years staff has addressed the
Commission of the ABC License issues. Consistently, the policies have
become more conservative when it comes to location and establishment
of rules and regulations relating to onsite and offsite consumption.
Beier 'In response to Smith's question on the Diamond Bar restaurant, Beier
stated that the inquiries were followed up on through the Tustin Police
Department to the Los Angeles Sheriffs Department and there were no
calls for service.
7:37 p.m. Public Comment Section Opened.
Mr. Chin, the applicant, provided a brief background and a presentation
on his restaurant business. He stated his purpose is to provide the
facility to service family gatherings in a "family environment". He also
strongly encouraged the Commission to consider extending the hours of
the business until 2:00 a.m.
Smith Smith asked the applicant if he was looking to service alcohol up until
2:00 a.m. as well as operate the restaurant until 2:00 a.m.
Mr. Chin stressed that selling alcohol is not the focus of the restaurant
and reiterated the "family environment" of the restaurant. He also stated
that the sale of alcohol is "part of the meal" (optional) and that he has
followed all of the ABC License guidelines with regards to not selling
alcohol beyond 2:00 a.m. Mr. Chin hopes to have a successful
restaurant.
Minutes--Planning Commission October 26, 2016—Page 6 of 10
Smith Smith requested clarification on the CUP and asked if the applicant
wanted to operate the restaurant until 2:00 a.m. but not serve alcohol
until 2:00 a.m., but maybe 11:00 p.m. or midnight, would a CUP be
required on the extended hours.
Binsack In response to Smith's clarification questions, Binsack clarified that the
CUP is required for the sale of alcohol regardless of the business hours.
Lumbard Lumbard's follow-up question for the Commission was, if the
Commission were to approve the CUP with the closing time indicated,
and if it would require an additional act of the Commission to extend the
requested time or an administrative change.
Binsack Binsack asked Lumbard if he meant whether or not the Commission has
the authorization to approve the use to remain open until 2:00 a.m.
Lumbard Lumbard clarified his question stating that the item presented is a CUP
for the sale of alcohol on-site and that part of the item are the operating
hours being tied to the sale of alcohol. He asked if the Commission
were to then approve the CUP with the 11:00 p.m. and 12:00 a.m.
closing time, and the applicant was abiding by the Conditions of
Approval and wanted to extend the hours, would the applicant have to
go before the Commission or the Zoning Administrator.
Binsack Binsack stated that the Zoning Administrator has the capability of
approving the extension of the hours.
Smith Smith's final comments had to do with alcohol service and hours of
operation. He asked the applicant if he were to stop serving alcohol at a
particular hour but extend the food service if that would be sufficient for
the applicant's operation.
In response to Smith's question, Mr. Chin stated that it would be a
possibility but he did not know how to enforce it. Again, he reiterated
that he does follow the ABC License rules and would not sell alcohol
beyond 2:00 a.m.
Willkom Willkom referred the Commission to Condition 2.3 of the proposed
Conditions of Approval which establishes the hours of operation as well
as the Commission giving authority to the Director of Community
Development to make any modifications to the hours of operation.
7:47 p.m. Closed Public Comment Section.
Smith Smith's closing comments generally included the following: empathetic
to the idea of the applicant selling alcohol out of his restaurant at a later
hour; the applicant would have to be in compliance with all noise level
issues with the surrounding development and establishments; and he
also asked how long the applicant has been operating his business in
Diamond Bar.
Minutes--Planning Commission October 25,2016—Page 6 of 10
Beier Beier stated that there is a condition that ensures compliance with the
City's Noise Ordinance. She did not know how long the applicant's
business in Diamond Bar has been operating but. she said she would
obtain that information for the Commission.
Mr. Chin stated his business in Diamond Bar has been operating since
2012.
Kozak Kozak's comments/concerns generally included: alcohol being served
until 2:00 a.m. being that there are residential units nearby; commented
on Binsack's statement on the City's Ordinance and regulations
regarding alcohol services going through a review period; Kozak
thanked Willkom for pointing out Condition 2.3 of the Conditions of
Approval; and Kozak also mentioned the Red Hill Specific Plan and his
concern with establishing a use during a time the City Council will be
establishing a policy in the Red Hill area.
7:51 p.m. Re-opened the Public Comments Section.
Mr. Chin clarified the alcohol he is entitled to sell is Type 41 which
includes beer and wine (cannot exceed 24 percent alcohol by volume).
He also stated that most of his customers arrive at his restaurant
between 10:00 p.m. and 12:00 a.m. Mr. Chin is open to the idea to stop
selling alcohol at 1:00 a.m. and is willing to work with the City in order to
have a successful restaurant.
Mr. Kenny Yu, owner of the restaurant, stated that at his restaurant in
the City of Diamond Bar, during the week, they have last call for alcohol
at 12:30 a.m, /weekends 1:00 a.m.
7:53 p.m. Re-closed the Public Comments Section.
Lumbard Lumbard's final comments generally included the following: The
Commission's role from a policy standpoint; the City Council's position
on sale and alcohol consumption which he feels would be the right body
to adjust the hours of selling alcohol; he reminded his fellow
Commissioners that they would be better served to consider the
recommendation staff presented which is consistent with City Council's
policy for the last eight (8) years; it would be appealable to the City
Council if the applicant chose to appeal should the Commission
approved it; the City Council would be the final arbiter on making any
adjustments to the hours; not in favor of the extended hours due to the
residential areas to the north and east of the project location; stated that
the restaurant did not "fit" within the surrounding uses that close at 10:00
p.m.; it would be a nice compromise to extend the hours to 11 p.m.
(weekdays) and 12:00 a.m. (weekends); he was in favor of staffs
recommendation; and Lumbard asked staff if the Commission approved
the recommended hours and if the applicant is a positive influence on
the community, and is operating without any problems, then the
applicant could request additional hours via City staff.
Minutes—Planning Commission October 25, 2016—Page 7 of 10
Smith Smith made favorable comments to the applicant as well as to
Lumbard's comments. He is in favor of the item and wants the applicant
to be successful. Smith also concurred with Lumbard regarding giving
the applicant the opportunity to request extended hours.
Kozak Kozak's comments generally included: he concurred with Lumbard's
comments; Kozak understood the Commission's role as advisory to the
City Council; Condition 2.3-of the Conditions of Approval may provide
flexibility; the recommended hours are an increase with what the
surrounding restaurant uses are; since the Tustin Police Department
reviewed the hours of operation than that carries weight as well; and
Kozak was in support of the recommended action.
Lumbard Lumbard asked that staff explain the appeal process to the applicant and
the process the applicant may undertake if he wishes to approach staff
for extended hours in the future. He also encouraged the applicant to
ask staff procedural questions, if he had any, in order to understand the
entire process.
Motion: It was moved by Lumbard, seconded by Kozak to adopt Resolution No.
4331. Motion carried 3-0-2.
Binsack Binsack informed the applicant that the item is an appealable item to the
City Council and that there is a ten (10) day appeal period to which an
appeal would need to be filed with the City Clerk's office.
7:59 p.m. Closed Item #4.
7:59 p.m. Opened Item #5.
Adopted Reso. 5. CONDITIONAL USE PERMIT 2016-20
No. 4330.
APPLICANT: Jeffery Chun
Baseballogy
2872 Walnut Ave., Unit D
Tustin, CA 92780
PROPERTY OWNER: Lore S. Thompson
26985 Moro Azul
Mission Viejo, CA 92691
LOCATION: 2872 Walnut Avenue, Suite B
ENVIRONMENTAL:
This project is categorically exempt pursuant to the California
Environmental Quality Act (CEQA) Section 15301, Class 1.
REQUEST:
To establish a private indoor recreational use, including baseball
Minutes—Planning Commission October 25,2016—Page 8 of 10
hitting and pitching training, within an existing 2,632 square foot
tenant space located within a light industrial office complex.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4330,
approving the establishment of a private indoor recreation facility
for baseball hitting and pitching training within an existing 2,632
square-foot tenant space located at 2872 Walnut Avenue, Suite B.
Huffer Presentation given.
8:04 p.m. Opened the Public Comments Section.
Mr. Jeffery Chun, the applicant, provided his business and family
background to the Commission and thanked Hutter for her help with the
project.
Kozak Kozak thanked the applicant for bringing his business to Tustin.
Smith Smith did not have any questions or comments.
Lumbard Lumbard thanked the applicant for investing in the community.
8:09 p.m. Closed the Public Comments Section.
Smith/Lumbard Both Smith and Lumbard thanked the applicant for opening up his
business in Tustin. They spoke on the light industrial use and zoning of
the project area and how the uses coming in would be addressed
moving forward.
It was moved by Kozak, seconded by Lumbard, to adopt Resolution No.
4330. Motion carried 3-0-2.
8:10 P.M. Closed Item #5.
None. REGULAR BUSINESS
None. STAFF CONCERNS
COMMISSION CONCERNS:
Kozak Kozak thanked staff for their hard work including DiLeva-Johnson's
Summary of Projects report. He attended the following events:
• 10115: Old Town Tustin Art Walk
• 10117: Tustin Chamber of Commerce Candidates Forum and
Debate
10118: OCTA Citizens Advisory Committee Meeting
Smith Smith mentioned upcoming election day—"get out there and vote!"
Minutes—Planning Commission October 25,2016—Page 9 of 10
Lumbard Lumbard attending the following events:
0 9/29: ACC-OC Ballot Breakfast at UCI
0 10/1: Tustin Tiller Days Parade
0 10/12: Tustin Chamber of Commerce Breakfast
9 10/14: Operation Warm, Wishes Inaugural Gala at Wilcox
Manor
a 10/1:5: Old Town Tustin Art Walk
0 10/17: Tustin Chamber of Commerce Candidates Forum
and Debate
0 10/26: Urban Infill Seminar (re: Platinum Triangle in
Anaheim)
"Stay safe on, Halloween." Dino Dash taking place on 11/6. "Get out and
vote!"
8:14 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, November 8, 20,16, at 7:00 p.m. in the Council Chamber at
300 Centennial!, Way.
AUSTIN LUMBARD
Chairperson
111�2021 6-z'-z- OLIV
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes-Planning Cornmission October 25, 2016-Page '10 of 10