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HomeMy WebLinkAbout01 REVISIONS TO PC MINUTES 9-12-17 ITEM #1 REVISIONS TO THE SEPTEMBER 12, 2017 DRAFT MINUTES Binsack In response to Thompson's question, Binsack stated that the City cannot limit 25 dwelling units to the acre if a density bonus is requested. For example, if there was a request in one of the city's higher density zones, which would be per the City's R-3 Zone, and if a developer were to request a density bonus over and above the 25 dwelling units to the acre, and they met all of the stipulations of the ordinance, the City would not be able to deny it. Willkom In response to Thompson's question on compliance, Willkom stated that there are certain sections within the ordinance which currently exists in the Tustin City Code (i.e. requirement of a housing agreement) which was added by the City. The City felt they needed to be in agreement with the housing provider to guarantee the continued affordability. Kozak Kozak asked about the length of term for the housing agreements. Willkom Willkom stated that the length of term (minimum) is 55 years. Lumbard Lumbard asked if staff looked at whether the regulations regu tiens-cost the City additional money to implement. He referred to the discussion of regulations from the State t4at is f+nanc-eable and whether cities can handle implementing these programs. Lumbard also asked 'if there-4,15-c-:14Y indisaC.th` JS gGiRg tG r^St G t„ m0Fe,E+nci where the funding is coming from. Binsack With regards to Lumbard's questions, Binsack stated that the direct costs would be difficult to identify. The indirect costs may be significant (i.e. the City's infrastructure - water, sewer, police, library services, etc.) because these higher densities did not anticipate impacts to those services. Also, the first desired concession is typically a reduction in parking. Binsack added that the other "cost" could be an impact on the quality of life. Lumbard Lumbard added that this is going to cost the City more as these types of developments, if approved, will have more people living in smaller spaces and that the demand it puts on City services is going to increase. Mason Mason asked for clarity regarding the application and if there is an aspect of this that mentioned having these units available separate from the development being discussed. She also referred to land being set aside for foster care facility (i.e. Grangewood Children's Horne or senior housing) and if the City is able to apply the density bonuses to those units set aside from the development they are creating or if it is part of the development. Mason then asked if the City could create incentives for veterans, seniors, low-income in order to create higher density versus putting the incentive within the unit. Willkom Per Mason's questions, Willkom stated that currently the City's ordinance states that the affordable units have to be on-site with the exception of when it is a partnership between a commercial development and residential development. Minutes - Planning Commission September 12, 2017- Page 3 of 14 Mason Mason referred to the Tustin Legacy and asked that if there is a commercial developer, if they could designate an aspect of that development, and if it would still have to be within the development. Willkom In response to Mason's question, Willkom stated that if it is a partnership between commercial development and residential development, the residential component (affordable housing units) could be on a separate site. Smith Smith referred back to St. Anton and Amalfi developments where there are affordable housing units provided in a separate location under the partnership arrangement Willkom referred to previously. He asked if there were recipients of density bonus when referring to the senior housing apartments near the fire station at the Village. Binsack Per Binsack, the City considered both the Grove and the Square as part of one (1) development because it was the same master developer and there is affordability throughout the two (2) communities and the senior project has a higher amount of lower income affordability placed within it which was approximately 51 percent market rate and 49 percent affordability (or vice versa). There was also transfer of some units and the developer did receive a bonus and concessions as part of the larger project. Smith Smith clarified that there are low-income, very low-income housing spread throughout the City's developments, all of which have come about through a contemporary land use policy from the State and RHNA's housing guidance. He also added that the policy has been nicely integrated within the City's planned communities and other surrounding communities. 7:29 p.m. Opened/Closed the Public Hearing Section of the meeting. There were no public comments. Lumbard Lumbard's comments generally included: local control taken away from Tustin; communities that want to avoid higher density housing ;f�may start downzoning density in order to avoid the impact ire--tom -which is opposite of what the State is trying to accomplish; the City needs to help address the housing crisis; the City has opportunities to implement higher density; and the affordable housing goals and intent are good but is frustrated with the lack of local authority to shape what the City is doing. Mason Mason's comments generally included: shocked to see the cost of a median priced home in Orange County and the requirement of $150K down payment on a home; the City is not creating a sustainable environment in our community; proud of the work the City has done in terms of affordable housing; the City is in a good position to expand in some of the new community developments to address this in a meaningful and creative way: and she was in favor of the mixed-use in the amendment as well as adding foster youth, disabled, homeless, and veterans. Minutes _. Planning Commission September 12. 2017 - Page 4 of 14 Thompson Thompson generally agreed with his colleagues including the sensitivity of all groups previously mentioned having help with housing; he was frustrated with the way the State mandates affordable housing; suggested that the City consider ramifications in how the City looks at development land use regulations structure and knowingly have these significant bonus additions; suggested the City retract densities so as not to change the character of the community or consider regulations that put the City more in control of what we want our community to look like while accomplishing the State's objectives. Kozak Kozak's comments generally included: affordability and supply of affordable housing; excellent presentation; concerns with what the community will look like when dealing with these types of issues; needs to be better balance between local and State; and he agreed with the recommended action. Smith Smith reminded the Commission that this item is dealing with legislation that was passed in 2016 to take effect January 1, 2018. He asked if the City had reviewed current legislation ine�v Sacramento regarding housing policy and if it dealt with density bonus.,-,_-ss �AA1'1^^al legiGlati i- a;d if these was any deal with density bene is in the G Urrent year. Smith thanked Dove for the presentation and report along with integrating into the Tustin City Code. He also reiterated some points his fellow colleagues mentioned earlier. Dove Dove's response to Smith's question was that she has not seen any new legislation but there are several in the works, in particular "future affordable housing" legislation. Motion: It was moved by Mason, seconded by Kozak to adopt Resolution No. 4348. Motion carried 5-0. REGULAR BUSINESS.- 4. USINESS:4. WORKSHOP - ALCOHOLIC BEVERAGES SALES ESTABLISHMENTS The purpose of this workshop is to provide a brief background of alcoholic beverage sales and consumption regulations within the City and explore opportunities to modify alcoholic beverage sales regulations based on feedback from the Joint City Council/Planning Commission Workshop held on February 21, 2017. RECOMMENDATION: Proposed Code Amendment Concept • Require a Conditional Use Permit for on or off-site sales establishments • Require food to be served at all times at on-site sales establishments • Reduce the square footage requirement from 15,000 square feet to 10.000 square feet for off-site alcoholic beverage sales to establish without a Conditional Use Permit. • Update the distances separation requirements: Minutes- Planning Commission September 12, 2017 -Page 5 of 14 and to be cautious as far as relaxing the regulation but to also raise the enforcement. Smith Smith asked about the dividing line between enforcement activity in Tustin relative to ABC's enforcement obligation or responsibilities. Thompson In response to Smith's question, Thompson was suggesting more of a police or security presence (on foot or on bike). He stated that if the City allows "loosening" in the regulations there is more proliferation of businesses. Thompson stated that maybe the businesses themselves have to hire security to ensure no one drives while impaired. He made reference to Anaheim's Downtown Disney's substation and security. Kozak Kozak also asked what we want our community to look like and was concerned with "concentration" and "over concentration". He also added that the Commission needs to pay attention to sensitive uses. Lumbard Lumbard's comments/questions generally included: agreed with previous comments as well as the need for enforcement; referred to Chief Celano's comments at the February workshop; public safety standpoint and Tustin Police Department's involvement, zones is an important idea — the community "looks different if spread throughout town"; a lot of opportunity to tailor whatever the City's ordinances are, related to alcohol, to meet those Council's goals and to better expedite those goals; he asked staff if they have looked at industrial zones and what it means if we relax some of the standards; and he asked if staff has looked at alcohol manufacturing (i.e. Anaheim and Costa Mesa capitalizing on vacant industrial space and brought in breweries/wineries and are attracting a lot of business for their city) and if it is a conditionally permitted use. Binsack Binsack's response to Lumbard's questions generally included: the quasi permitted uses but not necessarily the consumption aspect of it since associated with bona fide eating establishments unless it is for private consumption associated with the use; if staff is going to look at allowing craft breweries, wineries, etc.; the concern staff has with the industrial area is that the city's industrial area has been diluted; what the intended use of those zones is, they are no longer reflective; therefore they do not accommodate the type of uses Lumbard would like to see since the City has allowed dance, gymnastics studios, schools, churches, etc. which are considered more sensitive uses and have now dominated the industrial areas: and if the distancing requirements are eliminated, then possibly the intended uses can be brought back into the industrial zone and then maybe edge out some of the sensitive uses. Mason Mason's questions/comments generally included: she was not able to participate in the February workshop and the City Council/Planning Commission joint meeting; attracting the right types of businesses; referred to the Proposed Code Amendment Concept — On-site Sales and the number of businesses in Table 2 of the presentation that has secured "close to midnight" serving — is it a large percentage or limited to certain areas; how many Minutes—Planning Commission September 12, 2017—Page 7 of 14 approvals have been brought to the Planning Commission; and if the sensitive businesses are closed after hours and the City wanted to open it up to other types of businesses (breweries/wineries), that would eliminate the challenge of big warehouse spaces having empty parking lots at night. Binsack Binsack's response to Mason's questions generally included: in some of the industrial areas, there is a benefit of some of the businesses being closed, but many times they are isolated; unless there are several businesses open at the same time, there are only one (1) or two (2) spotted throughout the industrial area which is not particularly good either; and it is preferred businesses be concentrated or working at the same time which may dilute resources. Mason Mason further commented on the great opportunity for the City to shift and learn how to better engage public and public discourse in some of the tools and resources (i.e. direct mail, social media). Smith Smith asked Mason about her knowledge and thoughts with regards to food service and industry experience as it relates to the state of food entertainment industry, as well as the alcohol relationship and the impact it has and the significance. Mason In response to Smith's question, Mason stated the following in general: adding alcohol to a food service can range up to twenty (20) percent of the revenue; people are looking for a community destination and have various options, different experiences, diversity of choice; and the issue is an up and coming business will look for extended hours to continue to generate revenue and limiting the hours will have them looking elsewhere (i.e. critical mass, density. options, ease of access, etc.). Smith Smith's questions/comments generally included: public schools versus traditional public charter schools in retail locations need to be sensitive in defining rules and distancing restrictions; would like discussion of ratio of food to alcohol revenues; asked about California legislation looking at re-evaluating the 2:00 a.m. closing limit as State law and if that law was ever changed; observed convenience stores that have distance restrictions created non- walkable communities which was counter to general policy goals and objectives throughout the statemea!_ en+enEL steres-cann9t be-leGated the ether serviGes they ^+fns; requests that come through and whether or not we have had any exceptions that were granted and any impact from those requests and if so was there follow-up to the issues or any restrictions put in place; referred to the article from Orange County Business Journal, which Lumbard provided to the dais; the article discussed the City of Anaheim being an entertainment district; the City should be accommodating to the aspect of the craft beer industry; the efforts of the City of Fullerton and its efforts to mitigate and the success that happened after they had negative consequences when expanding their alcohol policy; stated that their efforts were more geared around better community outreach and engagement from the Fullerton Police enforcement relative to the management team submitting alcohol establishments and asked staff if it was an accurate description; and he also Minutes— Planning Commission September 12, 2017— Page 8 of 14 asked if the Tustin Police Department has a liaison or if assistance goes through the City's Code Enforcement. Mason Mason again stated that if it is a business owner it is not purely alcohol sales as much as it is the hours and experience. She added that alcohol sales assist j in maintaining Caber end gener^t;^ry ^ nu ^ ^ to ^^ed-- metraffic and labor. Mason asked for further options as well as what helped Fullerton. Binsack Binsack's comments generally included: the current 51149 percent is related to bona fide eating establishments (a true restaurant); staff is proposing to modify the ordinance so that food is available and not necessarily required at those ratios; the California legislation closing limit has not yet changed; with regards to the late night requests, Binsack referred to Item #2 on the Consent Calendar previously approved; and the late night requests have not been granted which is part of the reason as well as no sufficient data. Willkom In response to Smith's questions on the City of Fullerton, Willkom stated that the Tustin Police Chief has been in contact with other police departments and in particular, with Fullerton and they did indicate that with the help from their liaison, in the entertainment district area, it does help with controlling the number of incidents related to alcohol. Binsack Binsack's response to Smith's questions generally included: the City has a North and South Area Commanders which are considered the liaisons; per the zone issue and if the Commission considers establishing a zone, she referred to the many communities where it is somewhat easier to establish zones (i.e. the Market Place, Tustin Legacy, Downtown areas) and works well in a newer community but a lot of the City's commercial corridors want to be a zone as well; 17th Street, Irvine Boulevard. and Red Hill Avenue areas who are also requesting a license and the City says "no" if they were not in the zone; the City is not typical to some of the newer communities; and a lot of the major arterials are commercially zoned and businesses want the same benefits others would have. Smith Smith asked Binsack about the difference between off-premise sales and on- premise sales (more of the entertainment aspect and creating an entertainment zone). Binsack Binsack referred to Newport Avenue and the ethnic types of markets and the opportunity for these types of businesses to establish their own zones but the area not being well defined as the Tustin Legacy, the Market Place and Downtown. Smith Smith provided further observations which generally included: staffs recommendation in retaining control of CUPS and he asked for commentary about the CUP as an "inhibitor" to investment and/or engagement pursuit and how that would get mitigated through ministerial CUP issuance versus Planning Commission. Binsack Per Binsack, most businesses where the City does allow ABC establishments Minutes--Planning Commission September 12, 2017—Page 9 of 14 are required to go through the CUP process which is either through the Zoning Administrator or the Planning Commission, depending on the level of approval. She stated that staff is suggesting the CUP approval process go through the Zoning Administrator since it is a faster process and the Zoning Administrator can meet at any time. Binsack added that there is always the capability of deferring to the Planning Commission. Smith Smith asked if staff has discussed this item with Economic Development staff to gain their perspective on the entertainment district. He suggested waivin the an addi•tienal CUP requirement within that zone so as not to be viewed as a negative to the viability of creating a successful business. Binsack Per Binsack, whenever a discretionary approval is required, an individual would consider that as an inhibitor. From the non-Economic Development side, when there is an issue with an operation and the Commission wants to take some sort of an enforcement action if not in place, the use will remain. Lumbard Lumbard's comments/questions generally included: also referred to the article from the Orange County Business Journal that Smith previously mentioned, the project in the City of Anaheim. in particular. and if this could happen in Tustin; would the City want something like this considered in the community; a destination venue where there is alcohol related multiple establishments that currently, per the TCC's distancing requirements, are not allowed; and if the City wants to attract people to Tustin, then the tone needs to be set differently than now and allow flexibility for staff, City Council and Planning Commission to consider this type of project. Kozak Kozak echoed his fellow Commissioner's comments. Thompson Thompson also echoed his fellow Commissioner's comments. Smith In looking at the bullet points, the Commission provided comments as follows in general: • Require a Conditional Use Permit for on or off-site sales establishments ➢ There were no concerns. • Require food to be served at all times at on-site sales establishments— Lumbard was concerned with the ABC rule of the 51/49 percent -- if discussing new uses (i.e. microbrewers, wineries) what does the food element look like and what is required of them? Smith mentioned food truck services and do we treat places where they are producers with a tasting aspect versus a place where they do not actually produce anything. Per Binsack, if not a bona fide eating establishment, the intent would be some flexibility for food trucks and opportunities for menus, so that there is delivery from local restaurants to that facility or some other kind of prepared food available on-site and it is not just alcohol consumption. Mason asked if it is separated at the 54 percent. Binsack — there is something available wherever there is on-site Minutes - Planning Commission September '12, 2017 —Page 10 of 14 consumption. The desire is it would be built into the CUP and that the bona fide eating establishment would demonstrate to the City how they would meet that need and the City would include examples in the ordinance as to how it could be met. Lumbard is not opposed to it, but wanted to know how workable and enforceable it is. Kozak suggested it would be better suited as a guideline than a requirement which would make the intent. Thompson referred to Centro Winery having its own brewery and serves food. He appreciates the mixing of food with alcohol (balance). Smith was interested in seeing creative ways for achieving a#-day food service availability without argy being an inhibitor-apd-st+l fu#44ag-T-he tyssef ' • Reduce the square footage requirement from 15,000 square feet to 10,000 square feet for off-site alcoholic beverage sales to establish without a Conditional Use Permit. Mason — referred to the example of Walgreens - would not have been denied if it has been a 10,000 sf Binsack`s response was that the City would have granted approval at the staff level. Mason — asked if Walgreens still had a CUP that is enforceable. Binsack stated that Walgreens did not have a CUP. Kozak asked the Commission if they wanted to relinquish this to a permitted use rather than through a discretionary use permit. Smith — the transition is reflective or part of the effort to update the current trends in the supermarkets. Per Binsack -- 15,000 sf was reflective of supermarkets at the time but supermarkets are now becoming smaller, which is why the reduction. • Update the distances separation requirements: Remove required distance separations for new on or off-site sales establishments from other existing on or off-site sales establishments, residentially used or zoned properties, places of worship, private schools, parks, playgrounds, clinics, hospitals, health care facilities or convalescent homes. **Maintain required distance separation for new off-site sales establishments 600 feet away from public schools (K-12). ** Maintain required distance separation for new on-site sales establishments, 1,000 feet away from public schools (K-12). Per Thompson, he stated there being no difference with a child attending a private or public school so why treat them differently? Smith added that a public school does not necessarily have a choice about where they locate since zoned as an institutional use whereas private schools theoretically have more choices where they locate and there is a perceived difference of the treatment of the two when there is land use consideration. Kozak agreed with Thompson, however, if this is to apply to existing schools, would there be any objection? Smith -- *Ppact on private in-sti­. distanGin quiGk4, does that ly-bk)Gk- Af ft entire seo6ons of the nity base ! upon as-de ee`pointed out that distancing private institutions may block out large sections of the city. Another question was raised on the veracity of whether or not Minutes-Planning Commission September 12, 2017-Page 11 of 14 distance actually has a direct impact on exposure risk. Smith did research and looked at a study done by Los Angeles County of Public Health on prevalence of off-site alcohol establishment sales relative to certain negative social indicators (i.e. crime) and it was discovered there was no direct correlation that they could draw. Per Binsack- there are a lot of indicators that were studied (not only crime) but various other indicators. Per Smith - the correlation between the proximity and those factors where they could not actual correlation between the two. Lumbard asked if there was guidance from ABC on this item because it would be helpful if there were no City rules, it would still be required to follow ABC then to look at specific issues like public/private schools. Per Binsack, publictprivate schools do not have distancing requirements. They have overconcentration, determinations and hours of operation. In the event there are problem entities, the City might add certain conditions. Mason suggested if staff went with the ABC regulations and looked at the study Smith mentioned previously, she would like to see the impact on all schools on this decision the Commission is making. Thompson suggested outreach to the Tustin Unified School District for their input. Again, he suggested not distinguishing public/private schools. Overall, the Commission is interested in more datea on this item. 2rnith-Thompson asked for a map swing all of all of the K-12 private/public schools ryes. Binsack said staff can provide a map city-wide. If the Commission makes the policy that there are going to be distancing requirements maintained, then is the Commission not going to allow schools to locate close to alcohol establishments in the future. Lumbard suggested adding a level of approval (i.e. City Council or Planning Commission) within distances from alcohol establishments. • Allow establishments to open until 2:00 a.m. with conditions that allowed for reduced hours if noise or security complaints are received. The Commission had no concerns. • Allow recreational uses to serve alcohol in conjunction with an approved use. y Kozak asked for the definition of "recreational use". Per Binsack, it could be a number of facilities (i.e. batting cage, group painting). • Allow alcoholic beverage manufacturers to have ancillary tasting rooms. The Commission had no concerns. Binsack Binsack's feedback to all of the Commission's comments generally included: staff would return to the Commission with some of the items suggested/requested; draft an ordinance; and do any kind of a public notification and outreach. Smith With regards to outreach and public noticing, Smith stated the following in Minutes- Planning Commission September 12, 2017- Page 12 of 14 general: suggested a single page aboutef this item on the City's websitededi atedr to the Ci y s website-and with a short foam-�sed of URL sede, as well as any communication be routed to the City's website; make available the Power Point presentation, in PDF format, on the City's website; havt&.a4_meetinln g GOFAFn�lra4inn relatnd�thi�s topic ar'��"�d 94' and-p� A 1 I V V on the Gity's�,- webs extract video from presentations and make video available on this dedicated web page-as-Anel #er. thesis; in terms of noticing — post on all general media and a featured link on the City's home page; Smith would like to see the City spend money on "boosting posting" (i.e. Facebook to ensure it gets seen by as many people as possible); itemized list of a timeline on how the Commission will be approaching the topic so the public knows what to expect and the opportunity for them to provide feedback to the Commission; and include Chamber of Commerce mailings for existing businesses. Lumbard Lumbard asked that Tustin Police review whatever the Commission is considering to provide any feedback they may have or recommendations they feel is workable. Kozak Kozak added that Economic Development also be involved with review, recommendations and feedback as well. He also suggested an insert in the City's utility bills. Binsack Binsack asked if the Commission wanted to take a look at direct mail. Direct mail would be costly and she did not know how successful it would be. With reference to the utility bill insert, Binsack stated that not everybody is in the water billing area. She was not sure if IRWD could be an option or if the Commission wants staff to outreach. Binsack will conduct further research on this. Thompson Thompson said canvasing the entire city would be costly and suggested notification strategies take place "in-house".. Binsack Binsack stated that what the City intends to rely on is what is required by State law, and sometimes going over and above significantly will be expected on another project that comes to the Commission. She stated staff will present an alternative to notification to the Commission when the item is brought back, as well as a justification as to why staff is doing more. 9:02 p.m. Public Comments Opened/Closed, STAFF CONCERNS: Binsack Binsack informed the Commission of the City of Tustin's 90th Birthday Celebration on Sunday, September 24, 2017, COMMISSION CONCERNS.- Mason ONCERNS:Mason Mason is looking forward to the 90"' Birthday Celebration and Tustin Tiller Days! Minutes—Planning Commission September 12, 2017 —Page 13 of 14