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Home My WebLink About01 PC MINUTES 5-22-18 MINUTES ITEM #1 REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 22, 2018 7:00 p.m. CALL TO ORDER Given. INVOCATION/PLEDGE OF ALLEGIANCE: Mason All present. ROLL CALL: Commissioners Kozak, Lumbard, Mason, Smith, Thompson None. PUBLIC CONCERNS: CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES — MAY 8, 2018 Minutes of the May 8, 2018 RECOMMENDATION: Planning Commission That the Planning Commission approves the Minutes of the May 8, 2018 meeting, as Planning Commission meeting as provided. amended. Motion: It was moved by Thompson, seconded by Kozak to approve the Minutes of the May 8, 2018 Planning Commission meeting, as amended. Motion carried 5-0. 7:02 p.m. PUBLIC HEARING: 2. CONDITIONAL USE PERMIT 2018-00005 Adopted APPLICANT: Dong He Yong Resolution No. Tustin Buffet, Inc. 4365. 17631 East Seventeenth Street Tustin, CA 92780 PROPERTY OWNER: Patti Byrne Greenwood & Mckenzie 440 West First Street Tustin, CA 92780 LOCATION: 17631 East Seventeenth Street REQUEST: To sell alcoholic beverages in conjunction with an existing restaurant. ENVIRONMENTAL: This project is categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. Minutes—Planning Commission May 22, 2018—Page 1 of 5 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4365 approving Conditional Use Permit (CUP) 2018-00005 to authorize the sale of alcoholic beverages for on-site consumption in conjunction with an existing restaurant establishment (Cafe China Super Buffet) located at 17631 East Seventeenth Street. Aguilar Presentation given. Thompson Thompson asked for elaboration on the complaints regarding odor that staff received prior to the meeting, as well as Air Quality Management District (AQMD) not having any record of previous complaints. He also asked what the City's customary approach is with this type of complaint. Thompson also inquired as to whether or not the City has any code enforcement authority with regards to noise complaints. Binsack Binsack clarified Thompson's previous statement stating that AQMD did have records. In 2006, AQMD received an odor complaint therefore AQMD issued a Notice of Violation to the business owner. At that time, the owner approached the City and applied for a permit to have an air pollution control unit installed in the restaurant. Binsack explained that a permit was issued and finaled in 2008. She added that another odor complaint was filed in 2016 and that AQMD responded and found no violation. Binsack stated that if there are nuisance conditions, the City could identify that as code enforcement issues. She added that the City would rely on AQMD to provide assistance to staff. Minimal complaints have been filed over the last 18 years which Binsack did not believe constituted being a nuisance, particularly when AQMD did not find a violation existed in 2016. Smith Smith's questions generally included: what was the nature of the 2006 violation; was the air pollution control unit's filter designed for particulate mitigation in addition to odor mitigation; would it be atypical or inappropriate to condition the Conditional Use Permit including a good standing with AQMD; and if someone were to operate a business that requires AQMD permitting, would staff check the AQMD permit as part of issuing a business license to operate in the city. Binsack Binsack's response to Smith's questions generally included: in 2006 AQMD issued a Notice of Violation based on odor and as a result of that, the property owner came to the City and requested approval of the air pollution control unit that provides the filter; Binsack confirmed that the air pollution control unit's filter was designed for particulate mitigation in addition to odor mitigation; conditioning the CUP is not what the Commission is considering but if the property owner was amenable to it, it could be included in the Conditions of Approval; and staff does check the AQMD permit as part of issuing a business license for someone to operate. Kozak Kozak asked Binsack if there is information that the air pollution control unit is in place and working properly. Minutes—Planning Commission May 22, 2018—Page 2 of 5 Binsack Binsack confirmed that the air pollution control unit is working properly and that the permit was finaled by the City. Smith To further clarify Binsack's response, Smith asked if the permit was finaled two (2) years ago when the unit was installed. He also asked if the carbon filters in the unit have to be replaced. Binsack Binsack stated that the permit was finaled in 2008. 7:11 p.m. Public Hearing Opened/Closed. The Commission deliberated further. Lumbard Lumbard asked staff about the issues raised in the supplemental provided prior to the meeting. The other issues/comments mentioned generally included: complaints received were that the restaurant is a public nuisance and that the hours of operation would change; suggested the Commission ask staff to follow up and make sure the CUP is in good order and if it is not, then the Commission has discretion (i.e. Condition 1.7 of the Conditions of Approval); wanted to ensure the hours of operation of the restaurant were not changing; asked Binsack if there were any code enforcement issues which there were none; stated that the applicant would still be subject to the City's Noise Ordinance restrictions and if there were neighbors experiencing issues, they could contact the City; and he was in support of the item. Mason Mason referenced the complaint that indicated the restaurant being near a church then she referred to a section of the agenda report stating that it is a bona fide restaurant and is exempt from distance separation requirements to residential and sensitive uses. She was also in support of the item. Smith Smith wanted to ensure that there is language in the Conditions of Approval stating that if the applicant is out of compliance with AQMD's required permit, that they will address the issue. Lumbard In response to Smith's question, Lumbard's understanding of Condition 1.7 allows the Community Development Director to follow up with the applicant and if the business is becoming a nuisance, for a various number of reasons, the Community Development Director has the discretion to consider revoking the CUP if there are issues with the AQMD permit. Lumbard also asked that staff follow up with those residents that filed complaints prior to the meeting. Thompson Thompson added that the Orange County Health Department could also check in on the food preparation at the restaurant in order to ensure they are in compliance. If the Commission approves the item, there should also be an extra special assurance that there will be compliance to the concerns previously mentioned. Kozak Kozak's questions of staff generally included: to follow up with the applicant to ensure permits are current; if the applicant asked for the hours of operation to change; if there are any enforcement issues; and he also Minutes—Planning Commission May 22, 2018—Page 3 of 5 requested that staff follow up on the AQMD permit to make sure it is in order. Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4365. Motion carried 5-0. Lumbard Lumbard stated, for the public's benefit, that the item is appealable and there are ten (10) days to appeal. 7:15 p.m. Closed the Public Hearing Item. None. REGULAR BUSINESS STAFF CONCERNS: Binsack Binsack did not have any concerns. COMMISSION CONCERNS: Mason Mason did not have any concerns. Smith Smith did not have any concerns. Thompson Thompson attended the following events: • May 17: ULI Local Council May 17th • May 22: Board of Supervisors meeting • May 24: Open House for the 1-5 Freeway Project at Tustin High School to discuss the widening of the 1-5 Freeway between the 405 and the 55 freeways (i.e. noise abatement, aesthetics). Thompson referred to an article regarding a recent Measure passed by the State Legislature for California being the first State to mandate solar panels on new homes beginning in 2020. Kozak Kozak attended the following events: • 5/9: Wally Karp Memorial Ceremony • 5/15: Successor Agency meeting • 5/23: Orange Section American Planning Association's Awards Ceremony where Community Development is a recipient of an award. Kozak thanked staff for all of their hard work. Lumbard Lumbard attended the Wally Karp Memorial Ceremony on May 9, 2018 and he wished all mothers a Happy belated Mother's Day. On May 18, 2018, Lumbard's daughter, Aubrey, served as the honorary "bat kid" for the Anaheim Angels!! Minutes—Planning Commission May 22, 2018—Page 4 of 5 7:21 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, June 12, 2018, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Closed the meeting in memory of Antonia "Toni"Suclla, a 40+year Tustin resident and Assistant City Attorney Lois Bobak's sister's mother-in-law. Minutes—Planning Commission May 22, 2018—Page 5 of 5