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HomeMy WebLinkAbout01 PC Minutes 6-13-05 ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JUNE 13, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE Given Pontious and Lee absent ROLL CALL Staff present Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Doug Anderson, Senior Project Manager-Transportation Justina Willkom, Senior Planner Minoo Ashabi, Associate Planner Matt West, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - MAY 23, 2005, PLANNING COMMISSION MEETING. Approved It was moved by Floyd, seconded by Menard, to approve to Consent Calendar. Motion carried 3-0. PUBLIC HEARINGS Adopted Resolution 2. Nos. 3974 and 3975 TENTATIVE TRACT MAP 16857 SUBDIVIDING 105.5 ACRES INTO FIFTEEN (15) NUMBERED LOTS AND FIVE (5) LETTERED LOTS FOR CONVEYANCE PURPOSES. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3974 recommending that the City Council find that the proposed Tentative Tract Map 16857 for conveyance purposes will have no environmental impacts and that the environmental analysis checklist for development of the site was previously prepared and adopted by the City Council on February 22, 2005, which concluded that the Minutes - Planning Commission June 13, 2005 - Page 1 development project was within the scope of the adopted FEIS/EIR for the Marine Corps Air Station (MCAS) Tustin Reuse and Specific Plan; and, 2. Adopt Resolution No. 3975 recommending that the City Council approve Tentative Tract Map 16857 to subdivide the 105.5-acre Columbus Square site into fifteen (15) numbered lots and five (5) lettered lots for conveyance purposes only. Adopted Resolution 3. Nos. 3972 and 3973 TENTATIVE TRACT MAP 16792 SUBDIVIDING 86.26 ACRES INTO TWELVE (12) PARCELS FOR CONVEYANCE PURPOSES. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3972 recommending that the City Council find that proposed Tentative Tract Map 16792 for conveyance purposes will have no environmental impacts and that the environmental checklist and analysis for development of the site was previously prepared and adopted by the City Council on February 22, 2005, which concluded that the development project was within the scope of the adopted FEIS/EIR for the MCAS Tustin Reuse and Specific Plan; and, 2. Adopt Resolution No. 3973 recommending that the City Council approve Tentative Tract Map 16792 to subdivide the 86.26-acre Columbus Grove site into twelve (12) parcels for conveyance purposes only. Nielsen Noted that, since the presentations in Items 2 and 3 are similar, these two items would be combined into one staff report. 7:03 p.m. The Public Hearing opened. Ashabi Presented the staff report. Menard Asked why the Edison easement still exists on the project site. Ashabi Stated the Southern California Edison 25-foot easement was recorded in 1922 but not formally vacated, is no longer in existence, and the easement will be quitclaimed prior to final map approval. Minutes - Planning C.,mmission June 13, 2005 - Page 2 Nielsen Asked for clarification of the modifications to Resolution No. 3975 that were presented at the dais. Ashabi Nielsen Answered that the highlighted text is proposed to be added and is consistent with the language from the master tract maps, with the exception of the last sentence that requires execution of a City- approved assignment agreement with each builder. Asked the applicant to come forward. Rich Knowland, Indicated he was in attendance to answer any questions or representing Lennar concerns the Commissioners might have; and, added that Lennar Corporation concurs with staff's recommendations. 7:13 p.m. The Public Hearing closed. It was moved by Menard, seconded by Floyd, to adopt Resolution Nos. 3972, 3973, 3974, and 3975. Motion carried 4-0. Adopted Resolution No. 3976, as amended 4. CONDITIONAL USE PERMIT 04-031 REQUESTING AUTHORIZATION TO PROVIDE LIVE ENTERTAINMENT IN CONJUNCTION WITH AN EXISTING BONA FIDE RESTAURANT (LA SERA! & BABY JUN!) LOCATED AT 900 WEST FIRST STREET. THIS PROJECT IS LOCATED IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. RECOMMENDATION: 7:15 p.m. That the Planning Commission adopt Resolution No. 3976 approving Conditional Use Permit 04-031 to authorize live entertainment in conjunction with an existing restaurant (La Sera! & Baby Jun!) located at 900 West First Street. The Public Hearing opened. West Presented the staff report. Director Noted that staff is only recommending approval if this is not considered a night club use; if it were, there would be different requirements; if the occupancy of the building were considered for that type of use versus a restaurant use, there would be different requirements-Building Code and Fire Code improvements would be necessary; as noted in Condition 2.5, the maximum building occupancy recommended is 243 individuals based on parking; that building could accommodate many more individuals which would cause concerns for the Building Division and the Orange County Minutes - Planning Commission June 13, 2005 - Page 3 Fire Authority, for example, from an exiting standpoint and other building code improvements such as the inclusion of sprinklers; therefore, there .is a significant concern that this facility operate as a bona fide restaurant rather than a night club from a land use and health and safety perspective. Floyd Stated his assumption that none of the advertising would reflect a night club use. Director Answered that the awnings installed reflect a club use. Nielsen Added that the flyers also indicate a club; and, asked if the second entrance created a problem at the former Revere House. Director Indicated there were two entrances provided into the Revere House; the concern with this application is that, based on the way it is being advertised, it appears as though one entrance is a restaurant and the other is for a club; operationally this makes it appear to be two very different uses. West Stated the elimination of the walls between the two areas has changed how the room is used; the second entrance goes right into the middle of that dance/bar areas. Nielsen Indicated the two entrances did not concern him as much as the metal detector. West Noted the metal detector request was part of the initial application but has now been removed. Floyd Asked what sort of entertainment existed prior to this application. Director Stated her recollection was that there was typically a single, piano bar type entertainer; staff has not received a final list of entertainers proposed for this application, but that is something the applicant must provide. Nielsen Asked if there is a cell site in the signage. Director Responded in the affirmative. Menard Asked if the building is sprinklered. Director Answered in the negative. Nielsen Invited the applicant to come forward. Minutes - Planning Commission June 13, 2005 - Page 4 Henry Araghi, applicant Menard Mr. Araghi Nielsen Mr. Araghi Floyd West Nielsen Mr. Araghi Nielsen Stated he never intended the business to be run solely as a night club; the metal detectors were intended for insurance purposes and the safety of the patrons and have been removed from the plan. Stated three primary concerns: 1) the business hours as restricted by the conditions will diminish the success of the business and requests live entertainment until 12:30 a.m.; 2) the separate lounge and restaurant entrances are intended to ease traffic problems and to allow the patrons to have a choice where they want to be located; and, 3) without a cover charge, there will be no way for the lounge to be profitable since there is no way to force people to eat or drink. Asked how the cover charge at the club will be regulated, i.e. who has paid for a meal and can then enjoy the show. Stated that he would like the use to be referred to as "lounge with entertainment;" his staff will inquire at the door whether they have a dinner reservation or are there for the entertainment; servers would bring restaurant patrons to the lounge area; a cover charge is the only way to cover the entertainment expenses. Inquired what the cover charge might be. Responded there is no charge for the valet service; the cover charge would depend on the cost of the band. Asked what comparable hours for similar entertainment/lounge facilities are and why staff is proposing the 11 :00 p.m. timeframe. Answered that 12:00 a.m. is consistent with other types of restaurants; given the type of proposed live entertainment, 11 :00 p.m. was chosen to allow time for the show to end and people to exit by closing time. Asked what sort of live entertainment is planned. Stated the entertainment would primarily be jazz and blues, soft rock and roll, rhythm and blues; the market is intended to be 30 years old and above; the applicant is not asking for anything more than what existed with the Revere House, the difference being the Revere House never had an entertainment license. Clarified that the differences with the staff presentation are the secondary entrance, the hours of operation, and the cover charge. Minutes - Planning Commission June 13, 2005 - Page 5 Menard Asked what hours of operation are desired. Mr. Araghi Stated they wish to open at 11 :00 a.m. and have the band stop at 12:30 a.m.; the food service will stop at 12:30 a.m. which is required by the ABC-when serving alcohol, food must be provided. 7:42 p.m. Floyd The Public Hearing closed. Suggested that the 11 :00 p.m. restriction seems early; and, asked that the hours be revisited. Nielsen Noted the applicant has stated he wishes to keep the use a bona fide restaurant with lounge entertainment; 11 :00 p.m. seems early for that sort of use; suggested the hours could be extended due to the live entertainment situation; and, suggested the second entrance does not seem necessary. Floyd Suggested that bringing patrons through the restaurant would be a positive feature. Nielsen Agreed with Commissioner Floyd's suggestion, stating this would emphasize the restaurant use; it is important to keep it as a bona fide restaurant for land use purposes. Menard Stated that, while this may be questionable usage, the hours should be extended to 12:30 a.m.; if the main entrance creates traffic congestion, that can be addressed but that needs to remain the primary entrance; the entertainment area will be visible from the restaurant and main entry; the cover charge seems necessary in order for the business to make a profit; the applicant should have a chance to be successful and also create some revenue for the City. Nielsen Indicated his agreement with Commissioner Menard's comments; and, asked if the resolution could be amended to reflect these changes. Director Summarized the Commission's wishes as follows: 1. Modify Condition 2.14 to change the closing time to 12:30 a.m. 2. Leave the entrances as they are. 3. Eliminate Condition 2.25 4. Restated that Condition 2.23 allows for an administrative review to add mitigating conditions if necessary or to bring the issue back to the Planning Commission for general direction in the future. Minutes - Planning Commission June 13, 2005 - Page 6 Commissioners Nielsen Mr. Araghi Director Director None Director reported Menard Director Nielsen Menard Director Stated their agreement with the above modifications. Asked the applicant if he was in agreement with the suggested . changes. Answered in the affirmative, except for prohibiting the second entrance. Stated that staff may allow some latitude if the awning proposed sign were revised to match First Street and allow the entrance to remain; if there is a problem, staff can address the situation and make necessary changes. It was moved by Menard, seconded by Floyd, to adopt Resolution No. 3976, as amended. Motion carried 3-0. Noted this is an appealable item; any appeal must be received by 5:30 p.m., Monday, June 20, 2005. REGULAR BUSINESS STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE JUNE 6, 2005, CITY COUNCIL MEETING. Noted the City Council and the Tustin Unified School District signed a Letter of Intent at a Special meeting related to the Tustin High School; and, indicated copies of the Letter of Intent could be provided to the Commissioners. Indicated he would appreciate receiving a copy; and, asked why the approval process is expected to take six years. Responded there is a process that has to be gone through. Stated he attended the meeting at which the multiple hurdles were explained; the Letter of Intent contains that information. Suggested some of the processes could be running concurrently in order to expedite things. Indicated that may happen. Asked the Commissioners if they would like the next meeting to include a mini-tour of the construction taking place around the City. Minutes - Planning Commission June 13, 2005 - Page 7 Nielsen Stated the second meeting in July would be better for him; and, asked that this suggestion be addressed at the next Planning Commission meeting when all the members are present. COMMISSION CONCERNS Menard Mentioned it was nice to read in the newspaper about the Letter of Intent when he returned from his San Francisco to Los Angeles ride. Noted he was very pleased to discover the City Council approved the Veterans Day Parade continuing to be held in Tustin. Stated he was happy to see a Starbucks is going in near his home and to see that Trader Joe's is "coming soon." Indicated the Broadway in the Park signs are up. Mentioned that his wife attended the Chili Cook-Off in his absence; and, added he was proud to see the Rotary Club awards. Shared the highlights from his bicycle ride between San Francisco and Los Angeles, benefiting Aids/LifeCycle 4; indicated it was such a wonderful experience that he signed up to ride again next year; and, thanked his wife, Denese, for her support during his training and the week he was away from home. Floyd Congratulated Commissioner Menard on his contribution to a wonderful project. Noted the State of the City luncheon was a sold-out event with a nice presentation by the City staff; it was another good year for the City; it was nice to hear the City of Tustin has preserved and continues to maintain the 15 percent reserve. Thanked the planners for this evening's reports. Stated the Chili Cook-Off was a huge success and is growing every year; the Parks and Recreation Department deserves to be commended for the support they provided for this event. Reminded everyone to attend the concerts in the park and pass the word. Minutes - Planning Commission June 13, 2005 - Page 8 Nielsen Congratulated the City Council and the Tustin Unified School District for signing the historic Letter of Intent for Tustin High School; this will be a great legacy for The Legacy. Agreed the Chili Cook-Off was especially enjoyable from his spot selling pizza at the Tustin High booth. Congratulated Boy Scout Troop 33 for winning the Chili Cook-Off. Congratulated the City Council for approving the Veterans Day Parade and activities; this is an important event; the military, who risk their lives for us, deserve all the accolades one could ever provide. 8:12 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, June 27, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission June 13, 2005 - Page 9