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HomeMy WebLinkAbout02 PC Minutes 03-28-05 7:02 p.m. Nielsen and Lee sworn in by the Director Nielsen, reappointed Chairperson Menard, reappointed Chairperson Pro Tem Given Menard absent Staff present None Approved ITEM #2 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 28, 2005 CALL TO ORDER 1. SEATING OF COMMISSIONERS: James Lee, John Nielsen, and Nathan Menard 2. PLANNING COMMISSION REORGANIZATION: RECOMMENDATION: That the Planning Commission follow procedures contained in the staff report to elect a Chairperson and Chairperson Pro Tem. It was moved by Pontious, seconded by Floyd, to nominate Commissioner Nielsen as Chairperson. No other nominations were presented. Motion carried 4-0. . It was moved by Floyd, seconded by Pontious, to nominate Commissioner Menard as Chairperson Pro Tem. No other nominations were presented. Motion carried 4-0. PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Cindy Staffelbach, Deputy City Attorney Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 3. APPROVAL OF MINUTES - MARCH 14, 2005, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Floyd, to approve the Consent Calendar. Motion carried 4-0. Minutes - Planning Commission March 28, 2005 - Page 1 Adopted Resolution No. 3965 7:07 p.m. Willkom Director Floyd Willkom Nielsen Director Nielsen PUBLIC HEARINGS 4. CONDITIONAL USE PERMIT 04-032 REQUESTING AUTHORIZATION TO PROVIDE LIVE ENTER- TAINMENT FOR UP TO FOUR (4) PERFORMERS IN CONJUNCTION WITH AN EXISTING BONA FIDE RESTAURANT (McCLURE'S). THIS PROJECT IS LOCATED IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3965 approving Conditional Use Permit 04-032 to authorize live entertainment consisting of up to four (4) performers in conjunction with an existing restaurant (McClure's). The Public Hearing opened. Presented the staff report. Referenced Resolution No. 3965 and stated there are findings in Item D that identify the reasons staff is recommending support of the proposed project; the site is surrounded by two arterial roadways and is generally buffered from sensitive uses; the applicant identified the project will operate as a bona fide restaurant; the facility has been in operation for some time; the Community Development Department may review the use annually or more often if necessary; further restrictions may be added if there is a problem; if the use were to become a club or other than a bona fide eating establishment, staff would have concerns. Asked whether the closing of restaurant at 2:00 a.m. and the live entertainment "proposed" to cease at 1 :00 a.m. means the enter- tainment will cease at 1 :00 a.m. Stated the conditions provide that live entertainment will cease at 1 :00 a.m. Asked if the requirement for audited financial statements is a standard procedure. Answered in the affirmative. Invited the applicant to the lectern. Minutes - Planning Commission March 28, 2005 - Page 2 Michael Manson, applicant Lee Mr. Manson 7:16 p.m. Pontious Floyd Lee Nielsen Adopted Resolution No. 3966 7:20 p.m. Willkom Nielsen Stated that a further reason to see the use as a bona fide restaurant is that they are considering opening for breakfast in response to requests from the public; and, noted that he intends to get more involved in City activities such as the Rotary and Chamber of Commerce. Asked what types of performers are planned. Replied that the performances will be a lounge-type atmosphere with songs from the 40s and 50s. The Public Hearing closed. Stated this restaurant has been in existence since she came to Tustin in 1975; it is always good to see something positive taking place; the project has been conditioned appropriately; she supports staff's recommendation. Stated his concurrence with Commissioner Pontious. Indicated this is a fitting use for this location. Noted his agreement with other Commissioners and asked for a motion. It was moved by Floyd, seconded by Pontious, to adopt Resolution No. 3965. Motion carried 4-0. 5. CONDITIONAL USE PERMIT 05-004 REQUESTING AUTHORIZATION TO ESTABLISH A TUTORING FACILITY WITHIN AN EXISTING 980 SQUARE FOOT SUITE. THIS PROJECT IS LOCATED IN THE COMMERCIAL GENERAL (CG) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3966 approving Conditional Use Permit 05-004 to establish a tutoring/instructional facility in an existing 980 square foot suite. The Public Hearing opened. Presented the staff report. Invited the applicant to the lectern. Minutes - Planning Commission March 28, 2005 - Page 3 Kihei Otani, applicant Stated he is looking forward to opening the center as soon as possible; and, thanked staff and the Commission. 7:24 p.m. The Public Hearing closed. Pontious Stated this is a good use which she supports. Floyd Agreed with Commissioner Pontious. Lee Indicated this will be a good use for the location and a benefit to local students. Nielsen Echoed the comments of his fellow Commissioners; welcomed Mr. Otani to Tustin; and, asked for a motion. It was moved by Pontious, seconded by Floyd, to adopt Resolution No. 3966. Motion carried 4-0. None REGULAR BUSINESS STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE MARCH 21, 2005, CITY COUNCIL MEETING. Director Congratulated Commissioners Nielsen and Lee on their reappointments to the Planning Commission. Reported that the City Council took final action on the Vestar Final Map. Noted that the City Council entered into a Consultant Services Agreement for the preliminary engineering and planning for the Red Hill Avenue grade separation at Edinger; the City Engineer, after adoption of the 2005-06 Budget, will be coming before the Planning Commission to report on the City's seven-year CIP projects. COMMISSION CONCERNS Lee Thanked staff for tonight's reports. Floyd Congratulated his fellow Commissioners on their reappointments. Reported he had a terrific time at the Easter Egg Hunt where the attendance was estimated to be between 8,000-10,000; and, Minutes - Planning Commission March 28, 2005 - Page 4 thanked Parks and Recreation for their wonderful job again this year. Thanked staff for the reports this evening. Pontious Thanked staff for their work. Nielsen Congratulated Commissioners Lee and Menard; and, thanked his fellow Commissioners for their support in reappointing him as Chairperson. Noted the Tustin High School orchestral performance was wonderful and so well attended that people could not get in the door. Congratulated the Tustin High Orchestra on their upcoming performance at Carnegie Hall. Thanked staff for the presentations. Indicated the Walnut upgrades are causing traffic nightmares; and, asked if there is anything that can be done to mitigate the situation. There was also an incident with a fire hydrant/water truck creating problems in the neighborhood that the City Public Works Department should address. 7:32 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, April 11, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission March 28, 2005 - Page 5