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Home My WebLink AboutPC MINUTES 07-13-2020 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 MINUTES VIDEO CONFERENCING TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 13, 2020 Mason "During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows.": Mason To watch the meeting, the public may observe the meeting via the City's Granicus service at https://www.tustinca.org/282/Meetings-Agendas or on local Cox Channel 851. Mason To comment on one or more items, you may send your comments to PlanningCommission(a)-tustinca.org or by accessing the City's "SpeakUp" comment system as follows: 6:01 p.m. CALLED TO ORDER. Kozak INVOCATION. All present. ROLL CALL: Chair Mason Chair Pro Tem Kozak Commissioners Chu, Gallagher, and Jha None. PUBLIC CONCERNS: Given. PROCLAMATION FOR ELIZABETH A. BINSACK Approved the CONSENT CALENDAR: Consent Calendar. 1. APPROVAL OF MINUTES — MAY 11, 2020 RECOMMENDATION: That the Planning Commission approve the Minutes of the May 11, 2020 Planning Commission meeting, as provided. Motion: It was moved by Kozak, seconded by Gallagher, to approve the Consent Calendar, as presented. Motion carried 5-0. 6:15 p.m. Public Hearing opened. PUBLIC HEARING: Adopted 2. TENTATIVE PARCEL MAP (TPM) 2019-163 / SUBDIVISION (SUB) Resolution No. 2019-0004 4405. Minutes—Planning Commission July 13, 2020—Page 1 of 7 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 APPLICANT: ALONSO GONZALEZ PAC PRO REALTY 1320 FIFTH AVENUE SAN DIEGO, CA 92101 PROPERTY OWNER: CARE OF TULLIUS LAW GROUP 515 SOUTH FLOWER STREET, 18TH FLOOR LOS ANGELES, CA 90071 LOCATION: 1034 IRVINE BOULEVARD AND 13052 NEWPORT AVENUE REQUEST: A request to subdivide an existing 2.9-acre commercial parcel into two (2) separate lots and the dedication of portions of Irvine Boulevard, Newport Avenue and Old Irvine Boulevard to the City of Tustin. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15315 (Class 15) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) pertaining to Minor Land Divisions. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4405 approving TPM 2019-163 / SUB 2019-04, authorizing the subdivision of an existing 2.9-acre commercial parcel into two (2) separate lots and the dedication of portions of Irvine Boulevard, Newport Avenue and Old Irvine Boulevard for street purposes to the City of Tustin. Demkowicz Presentation given. There were no comments or concerns from the Commission and there were no public comments received on this item. Motion: It was moved by Gallagher, seconded by Kozak, to adopt Resolution No. 4405, as recommended. Motion carried 5-0. Adopted 3. CONDITIONAL USE PERMIT (CUP) 2020-0004: A REQUEST TO Resolution No. MODIFY ESTABLISHED PLANNED COMMUNITY REGULATIONS 4406 WITHIN TUSTIN FREEWAY CENTER APPLICANT: AHMED ELGAZAR TUSTIN DENTAL CENTER/ELGAZAR DDS 14051 NEWPORT AVENUE, SUITE 2-B TUSTIN, CA 92780 Minutes—Planning Commission July 13, 2020—Page 2 of 7 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 PROPERTY OWNER: E&J VENTURES, LLC 2020 E. ORANGETHORPE AVENUE, SUITE #210 FULLERTON, CA 92831 CONSULTANT: DONNIE POUCHER LARRY WINTER CONSTRUCTION 7753 BRADFORD DRIVE GOLETA, CA 93117 LOCATION: 14051 — 14061 NEWPORT AVENUE (TUSTIN FREEWAY CENTER) REQUESTS: A request to modify Condition No. 1.4 CUP 89-47 and Design Review (DR) 89-68 to allow professional, general, and medical office uses, trade schools, martial arts instruction and massage establishments in Buildings A and B of the Tustin Freeway Center. ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15301 (Class 1 —existing facility) of the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution No. 4406 approving CUP 2020-0004 to allow professional, general, and medical office uses, trade schools, martial arts instruction, and massage establishments in Buildings A and B within the Tustin Freeway Center located at 14051- 14061 Newport Avenue. Beier Presentation given. There were no comments or concerns from the Commission and there were no public comments received on this item. Gallagher Gallagher asked for clarification regarding the language being modified to include massage establishments. He stated, "it is not as if we are now allowing massage establishments, it is that we are simply cleaning up the language because it is already allowed for that use and we cannot stop that use due to State law". Daudt In response to Gallagher's question, Daudt stated that there have been legislative changes that require the City, for purposes of land use planning, to treat massage establishments akin to other professional uses. However, any massage establishment that locates in the City is still subject to the City's regulatory requirements to ensure that operations are up to State health and safety standards. Daudt added, from a land use/zoning Minutes—Planning Commission July 13, 2020—Page 3 of 7 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 Daudt perspective, these uses are to be treated as any other professional use but there is an additional layer of regulatory review and control for massage establishments in the City. Willkom In addition to Daudt's response, Willkom stated, that in order for massage establishments to locate in the City, they have to obtain a Massage Establishment Permit through the City's Finance Department. There is still a layer of review and regulations from the City. Should the massage establishment violate any of the regulations, the City has the ability to revoke the permit. In response to Chu's question, which was answered prior to the meeting, she inquired if the massage establishment was currently operating in the center with a valid permit. Tiscareno Tiscareno confirmed there was no public input received on this item. Chu Chu explained, for the record, her reasoning for bringing up the massage establishment currently operating in the center. She needed clarification as to why this item was on the agenda, when there was already a massage establishment in the same center. Gallagher Gallagher understood the purpose of tonight's action which was to assist the dental office with expanding their business. He was in support of the item since this modification would then eliminate some of the other prohibitions, notwithstanding the massage establishment that the City cannot change, as well as open up doors which should help the business owner bring in more tenants. Jha Jha was in support of the recommended action and was hopeful this would help the property owner fill the vacancies. Kozak Kozak was in favor of the recommended action and he, too, hoped that this would bring more activity to the center. Mason Mason thanked staff for addressing all issues and concerns. She stated this action would help the businesses in the center as well. Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4406, as recommended. Motion carried 5-0. 6.40 p.m. Public Hearing closed. REGULAR BUSINESS: Received and 4. SUMMARY OF PROJECTS filed. A summary of projects and activities focuses on the status of projects that the Planning Commission, Zoning Administrator, or staff approved; major improvement projects; Certificates of Appropriateness; Code Enforcement activities; and, other items which may be of interest to the Planning Commission. Minutes—Planning Commission July 13, 2020—Page 4 of 7 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 RECOMMENDATION: That the Planning Commission receive and file this item. DiLeva Presentation given. Gallagher Gallagher asked if both the junior high and high school would be built at the same time or if the construction would occur in phases. Willkom In response to Gallagher's question, Willkom will inquire and then she will inform the Commission at a later date. Jha Jha referred to the graffiti hotline and asked if the hotline could be more user friendly (i.e. submit online) and if the voice message could be shortened (i.e. press "1" to skip the message) and leave a detailed message regarding location of the graffiti needing removal. He also asked about the turnaround time for the Temporary Use Permit (TUP) for the restaurants outdoor dining. Willkom Per Jha's question on TUP's, Willkom explained that it is the City's goal to issue the TUP within the same day of the application. There may be times where the use will encroach into the right-of-way, which staff would then need to get input from the Public Works Department, and would then take a few days to issue the TUP. Staff is well aware that the need is great, and the City does want to help the local restaurants. With regards to graffiti hotline, the City is in the process of implementing a mobile application where residents would be able to take a picture of the graffiti and submit online in order for the City's graffiti contractor to take care of the issue immediately. Chu Chu thanked DiLeva for the presentation and she also thanked staff for continuing to move forward with projects, even during the COVID-19 pandemic. She asked about the neighborhood meeting (NITF) that DiLeva mentioned in her presentation. Chu suggested forming a "neighborhood watch" in order to discuss possible installation of surveillance cameras in the high graffiti areas. Willkom In response to Chu's suggestion on the neighborhood watch, Willkom informed the Commission of the City's NITF which consists of multiple staff from all departments. The purpose of the NITF is for each department to collaborate and discuss any problems/issues within the City and then collectively come up with a solution. Per the neighborhood watch suggestion, the Tustin Police Department is currently working with each community to provide them with information on what they can do as a neighborhood watch for their community. Willkom added that if any of the Commissioners had concerns or suggestions, to please let staff know and staff can then share with NIFT to discuss and hopefully bring back a solution to the Commission. Minutes—Planning Commission July 13, 2020—Page 5 of 7 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 Chu Chu asked Willkom for an estimated cost of graffiti removal and if the cost has increased/decreased since the beginning of the year, especially during the COVID-19 pandemic. Willkom Per Willkom, with graffiti issues, funding comes from different sources, to be utilized throughout the City (i.e. CDBG). For the graffiti that occurs within the low to moderate income areas (target areas) the City utilizes the CDBG funds for graffiti removal. Other areas, outside of the target areas, the City uses General Funds for graffiti removal. Willkom also added that because graffiti is a concern of many, staff addresses the issue immediately. Willkom stated she will provide a more accurate dollar amount of funds being used for graffiti removal to the Commission at a later date. Kozak Kozak provided favorable comments regarding the report. Mason Mason mentioned the 4t" of July weekend with regards to the fireworks all throughout the City and the noise level. She also referred to the frustrated youth during quarantine so she was happy to hear the parks in Tustin are beginning to re-open. Hopefully, there will be less graffiti due to the parks re-opening. Mason also inquired if the City is investing reactively and if there is something we can do proactively as part of the community conversation to keep people more occupied while schools are closed. She asked for more updates on the volume of TUP applications that have been submitted and if there is a need to get more creative with outdoor dining. Mason asked Willkom if there are any plans to do more for the local restaurants and outdoor dining. In addition, she asked if there has been an interest from smaller retail where they are allowed to conduct business outdoors. Willkom In response to Mason's questions, Willkom stated that as part of the TUP application, the City is discussing providing water barriers to businesses and restaurants in the Old Town area (i.e. to block diagonal parking spaces in front of businesses and restaurants to allow for outdoor seating, along EI Camino Real). Willkom added that most of the TUP requests are coming from local restaurants. The City's Economic Development Department is currently reviewing applications for the Small Business Grant Program which would allow them to disperse $10,000 grants to small businesses to assist them during COVID-19 pandemic. In addition, the City is also engaging with Families Collaborative to provide rental and utility assistance to families in need and families affected by COVID-19. STAFF CONCERNS: Willkom Per Willkom, the City Council adopted a modified Planning Commission meeting schedule. Beginning July 28, 2020, the meetings will be held on the 2nd and 4t" Tuesday of every month commencing at 6:00 p.m. COMMISSION CONCERNS: Chu No concerns. Minutes—Planning Commission July 13, 2020—Page 6 of 7 DocuSign Envelope ID:0089802D-743F-4A67-A4E4-E77440252841 Gallagher No concerns. Jha Jha asked everyone to support the local restaurants, wear masks and maintain social distancing since it will be hard for businesses and restaurants to recover from COVID-19. Kozak Kozak commended staff on their work with the agenda items. He participated in the following: • Virtual Chili Cook-Off (June 7, 2020) • Ethics Training Program completed (early June) • Flag Day (June 14, 2020) • California Preservation Foundation (CPF) "Preservation on Modernism" webinar series (June 18th and 24th) Mason Mason participated in the CPF "Advocating for African American Heritage" — three-part series in June. She echoed Commissioner Jha's previous comments. Please continue to support Operation Warm Wishes and the Boys and Girls Club. 7:06 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, August 11, 2020. Qi&�� Awbin, 08/26/20 20 AMY MASON p Chairperson �v affix u• p'-• WiQ4kg►'� 08/26/20 20 JUSTINA L. WILLKOM Planning Commission Secretary Minutes-Planning Commission July 13, 2020-Page 7 of 7