HomeMy WebLinkAboutPC MINUTES 09-12-17 MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
SEPTEMBER 12, 2017
7:00 p.m. CALL TO ORDER
Given INVOCATION/PLEDGE OF ALLEGIANCE: Smith
Present ROLL CALL: Chair Smith
Chair Pro Tem Kozak
Commissioners Lumbard, Mason, Thompson
None PUBLIC CONCERNS
CONSENT CALENDAR:
Approved the, 1. APPROVAL OF MINUTES —AUGUST 8, 2017
Minutes of the
August 8, 2017 RECOMMENDATION:
Planning
Commission That the Planning Commission approve the Minutes of the August 8, 2017
meeting, as Planning Commission meeting, as provided.
amended.
Motion: It was moved by Lumbard, seconded by Kozak, to approve the Minutes of the
August 8, 2017 Planning Commission meeting, as amended. Motion carried 5-
0.
Received and 2. CONDITIONAL USE PERMIT 2017-07: STATUS UPDATE FOR THE
filed. KARAOKE MUSIC STUDIO AT 14561 & 14571 RED HILL AVENUE
On April 26, 2017, the Community Development Department received
an application to extend the karaoke music studio's hours of operation
to 2:00 a.m., stating that the business was unable to attract customers
due to its inability to stay open until 2:00 a.m., similar to other karaoke
businesses.
At the public hearing on June 13, 2017, the Planning Commission
unanimously approved an extension of operating hours for a karaoke
music studio located at 94561 & 14571 Red Hill Avenue to 2:00 a.m.
The Planning Commission requested that staff report back to the
Commission in three (3) months to provide a status report on the
business operation. This is a status update of the karaoke studio.
RECOMMENDATION:
That the Planning Commission receive and file this item.
Minutes—Planning Commission September 12,2017—Page 1 of 14
PUBLIC HEARING:
3. CODE AMENDMENT 2017-006 (ORDINANCE NO. 1484) INCENTIVES
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING
Code Amendment 2017-006 (Ordinance No. 1484) proposes to amend
Article 9 (Land Use) Chapter 1, in its entirety, of the Tustin City Code
(TCC), related to Incentives for the Development of Affordable Housing, to
bring it into compliance with new State law. The City Council last updated
Chapter 1 of the Zoning Code in 2010. The proposed amendments retain
existing provisions compliant with new State laws and amend those
sections where necessary to conform to State law.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4348,
recommending that the Tustin City Council adopt Draft Ordinance
No.1484, amending Article 9, Chapter 1 of the TCC related to incentives
for the development of affordable housing (density bonus).
Dove Presentation given.
Thompson Thompson thanked Dove for the presentation. His questions/comments
generally included: if City standards might be exceeding the City's regulations
(i.e. the City of Tustin does not have densities more than 25 units to the acre);
if the City applies some of these regulations in a very strict way, there is
potential in getting into 30 or more units to the acre which is more than what
the City is accustomed to dealing with; and he asked if the City has the ability
to regulate that kind of local control or if the State has taken that away from the
City.
Willkom Per Thompson's questions, Willkom referred to the State Density Bonus Law
and stated that the maximum density bonus percentage is up to 35 percent.
However, the City has the ability to grant additional density on top of the 35
percent, which is at the discretion of the City Council.
Smith Smith asked for clarity regarding the 35 percent and if it could theoretically take
the City over the existing 25 dwelling units per acre standard or limit what the
City currently has now.
Willkom Willkom confirmed Smith's statement previously mentioned.
Binsack Binsack added that the Amalfi and St. Anton units did not exceed the 25
dwelling units to the acre. For example, St. Anton might have received higher
concentration of affordable units as well as other concessions.
Thompson Thompson asked if the City could still regulate 25 dwelling units to the acre o
has the State taken that away with all of the legislation. He also asked, within
the proposed resolution, if it is the City's decision to add to the State or is it all
for the State's compliance.
Minutes—Planning Commission September 12,2017—Page 2 of 14
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 cost the City
additional money to implement. He referred to the discussion of regulations
from the State and whether cities can handle implementing these programs.
Lumbard also asked 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. Orangewood Children's Home 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.
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.
Minutes—Planning Commission September 12,2017—Page 3 of 14
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 n
public comments.
Lumbard Lumbard's comments generally included: local control taken away from Tustin;
communities that want to avoid higher density housing may start downzoning
density in order to avoid the impact 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.
Thompson Thompson generally agreed with his colleagues including the sensitivity of all
groups previously mentioned having help with housing; he was frustrated wit
the way the State mandates affordable housing; suggested that the Ci
consider ramifications in how the City looks at development land us
regulations structure and knowingly have these significant bonus additions;
suggested the City retract densities so as not to change the character of the
Minutes--Planning Commission September 12,2017—Page 4 of 14
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 inSacramento regarding housing policy and if it
dealt with density bonus.. 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. 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 Conce t
• 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:
o 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.
o Maintain required distance separation for new off-site sales
establishments 600 feet away from public schools (K-12).
Minutes--Planning Commission September 12, 2017—Page 5 of 14
o Maintain required distance separation for new on-site sales
establishments, 1,000 feet away from public schools (K-12).
• Allow establishments to open until 2:00 a.m. with conditions tha
allowed for reduced hours if noise or security complaints are received.
• Allow recreational uses to serve alcohol in conjunction with an approved
use.
• Allow alcoholic beverage manufacturers to have ancillary tasting rooms.
With direction from the Planning Commission, staff can begin proposing
amendments to the Tustin City Code that will implement the vision
desired for the type of environment created for alcoholic beverage
availability and consumption within the City. At a future date, staff would
return to the Planning Commission with an Ordinance for the
Commission's consideration for recommendation to the Tustin City
Council.
Aguilar Presentation given.
Binsack Binsack's comments generally included: mentioned the City Council and
Planning Commission workshop held in February and the Commission's Sub-
Committee and City Council meetings in order to seek further direction on
notification; there are broader stipulations being brought forward to the
Commission that were a result of those workshops, but have since been
refined; as for public hearing notification, Binsack asked the Commission n
there is going to be a significant reduced requirement or if they are going t
suggest lifting the requirements related to alcohol beverage establishments,
with individuals living within close proximity to commercial areas; and she
suggested there be more of a direct mailing in order to inform the public of a
possible ordinance amendment.
Smith Smith commended Aguilar on the presentation. He asked the Commission for
commentary on the agenda report, specifically, the bullet points and to provide
comments in order to have clarity on the topic.
Thompson Thompson's questions/comments generally included: referred to the table
within the Power Point presentation with regards to the density ABC licenses
per capita in the different communities; he asked where Tustin is, in
comparison with the neighboring communities (maybe more on the denser side
due to the city's historical roots); Tustin and Santa Ana were known in the 80's,
to be alcohol centers in Orange County; need to keep an observation of where
Tustin is, with other cities in terms of density of alcohol establishments
because it does affect the community; suggested adding to the bullet point list
"police or security enforcement regulations'; referenced the District's security;
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 Tusti
relative to ABC's enforcement obligation or responsibilities.
Minutes—Planning Commission September 12, 2017—Page 6 of 14
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 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
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.
Minutes—Planning Commission September 12,2017—Page 7 of 14
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 theM
same time, there are only one (1) or two (2) spotted throughout the industria
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 verso
traditional public charter schools in retail locations need to be sensitive i
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 state; 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
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 sale
as much as it is the hours and experience. She added that alcohol sales assis
in maintaining traffic and labor. Mason asked for further options as well as
what helped Fullerton.
Minutes—Planning Commission September 12,2017—Page 8 of 14
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
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.
Minutes—Planning Commission September 12,2017—Page 9 of 14
Smith Smith asked if staff has discussed this item with Economic Development staff
to gain their perspective on the entertainment district. He suggested waiving
the CUP requirement within that zone so as not to be viewed as a negative t
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 follow
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 50 percent.
Binsack — there is something available wherever there is on-site
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 th
ordinance as to how it could be met. Lumbard is not opposed to it, bu
wanted to know how workable and enforceable it is. Kozak suggested i
would be better suited as a guideline than a requirement which would
make the intent. Thompson referred to Centro Winery having its own
Minutes—Planning Commission September 12,2017—Page 10 of 14
brewery and serves food. He appreciates the mixing of food with
alcohol (balance). Smith was interested in seeing creative ways for
achieving food service availability without being an inhibitor.
• 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 thea is land
use consideration. Kozak agreed with Thompson; however, if this is to
apply to existing schools, would there be any objection? Smith—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
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 publiclprivate schools.
Minutes—Planning Commission September 12, 2017—Page 11 of 14
Per Binsack, public/private schools do not have distancing
requirements. They have overconcentration, determinations and hours
of operation. In the event there are problem entities, the City might ad
certain conditions. Mason suggested if staff went with the AB
regulations and looked at the study Smith mentioned previously, she
would like to see the impact on alI schools on this decision the
Commission is making. Thompson suggested outreach to the Tustin
Unifred School District for their input. Again, he suggested not
distinguishing public/private schools. Overall, the Commission is
interested in more data on this item. Thompson asked for a map of all
of the K-12 private/public schools . 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.
➢ Kozak asked for the definition of "recreational use". Per Binsack, i
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
general: suggested a single page about this item on the City's website with a
short form URL, 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; extract video from presentations and make video available on this
dedicated web page; 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 b
approaching the topic so the public knows what to expect and the opportunit
for them to provide feedback to the Commission; and include Chamber o
Commerce mailings for existing businesses.
Minutes—Planning Commission September 12,2017—Page 12 of 14
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 bili 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 Mason is looking forward to the 90th Birthday Celebration and Tustin Tiller
Days!
Lumbard Lumbard attended the following:
8126: Cars, Cops and Coffee
917: ACC-OC Public Safety Forum
919: California's 1000h Birthday
• 9111: Patriot's Day
Thoughts and prayers for those affected by hurricanes Harvey and Irma.
Thompson Thompson attended the following:
8115: Water Reliability Summit
• 8127: Volunteered for the Orange County Rodeo
Minutes--Planning Commission September 12,2017—Page 13 of 14
0 9�/7: ACC-OC Public Safety Forum
Attended Luke Thompson's football games - Co Pirates!
Kozak Kozak attended the following:
* 8/18: Concerts in the Park
* 8/19: Helped assemble backpacks for Homeless Vets sponsored by
the OC Rescue Mission
* 8/20: Helped set up the Enderle Car Show sponsored by the Tustin
Community Foundation
ol
9/7: ACC-OC Public Safety Forum
Thoughts and prayers go out to Mayor Doc Bernstein as he recovers from
Achilles tendon surgery.
Smith Smith wished Bernstein a, swift recovery as well. Off to the League of Cities
conference in Sacramento on 9/13.
9,40 P,M, ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, September 26, 2017, at 7:00 p.m. in the Council Chamber at 3010
Centennial Way.
DER T SMITH
hairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Minutes—Planning:Commission September 12, 2117—Page 1'4 of 14