HomeMy WebLinkAbout01 PC DRAFT MINUTES 04-27-21 MINUTES ITEM #1
VIDEO CONFERENCING
TUSTIN PLANNING COMMISSION
MEETING
APRIL 27, 2021
6:01 p.m. CALL TO ORDER:
Given. INVOCATION: Chu
SEATING OF COMMISSIONERS KOZAK, HIGUCHI AND MELLO
Mayor Clark The installation of Commissioner Kozak, Higuchi and Mello was
conducted by Mayor Clark. The Mayor congratulated the newly
appointed Commissioners and re-appointed Commissioner Kozak.
Planning 1. PLANNING COMMISSION REORGANIZATION 2021
Commission
reorganized.
In accordance with the Planning Commission Policies and Procedures
adopted on April 13, 2021, the Planning Commission reorganizes around
April of each year by appointing a new Chairperson and Chairperson Pro
Tem.
RECOMMENDATION:
That the Planning Commission elect a Chairperson and Chairperson Pro
Tem in accordance with the procedures outlined in Section 1, Part E of the
Planning Commission Policies and Procedures.
Motion: Chair Pro Tem Kozak nominated the re-appointment of Chair Mason
as Chairperson. Commissioner Higuchi seconded the nomination.
Hurtado conducted a roll call vote. Motion carried: 5-0.
Motion: Chu nominated the re-appointment of Kozak as Chair Pro Tem.
Commissioner Mello seconded the nomination. Hurtado conducted
a roll call vote. Motion carried: 5-0.
All present. ROLL CALL: Chair Mason
Chair Pro Tem Kozak
Commissioners Chu, Higuchi, and Mello
None. PUBLIC CONCERNS:
CONSENT CALENDAR:
Minutes—Planning Commission April 27, 2021 —Page 1 of 8
Approved 2. APPROVAL OF MINUTES —APRIL 13, 2021
the Minutes
of April 13,
2021.
RECOMMENDATION:
That the Planning Commission approve the Minutes of April 13, 2021
Planning Commission meeting, as provided.
Motion: It was moved by Mason, seconded by Kozak, to approve the Minutes
of April 13, 2021, as provided. Commissioners Higuchi and Mello
abstained from the vote since this is their first meeting. Motion carried-
3-2.
PUBLIC HEARING:
Adopted 3. DESIGN REVIEW (DR) 2021-0004, CONDITIONAL USE PERMIT
Reso. Nos. (CUP) 2021-0006, CUP 2021-0001, AND CUP 2020-0018
4425 & 4426
APPLICANT:
Jose and Teresa Hernandez
Sol del Mexico, Inc.
12 Regents
Newport Beach, CA 92660
PROPERTY OWNER:
The District at Tustin Legacy
Vestar/Kimco Tustin L.P.
2437 Park Avenue
Tustin, CA 92782
LOCATION: 2497 Park Avenue
REQUEST:
A proposal to remodel the exterior facades and outdoor dining area,
allow painted graphics, authorize live Mariachi entertainment and on-site
alcoholic beverage sales in conjunction with a restaurant establishment.
ENVIRONMENTAL:
This project is Categorically Exempt pursuant to the California
Environmental Quality Act (CEQA) Section 15301, Class 1.
RECOMMENDATION:
Minutes—Planning Commission April 27, 2021 —Page 2 of 8
That the Planning Commission-
1.
ommission:1. Adopt Resolution No. 4425 for DR 2021-0004, CUP 2021-0006, and
CUP 2021-0001, approving the remodel of the exterior facades and
outdoor dining area, painted graphic murals and to authorize live
Mariachi entertainment, respectively, in conjunction with a restaurant.
2. Adopt Resolution No. 4426, approving CUP 2020-0018 authorizing
the establishment of on-site alcoholic beverage sales in conjunction
with a restaurant establishment.
Aguilar Presentation given.
Higuchi Higuchi asked if the applicant would be precluded from having outdoor
televisions on the outdoor patio area.
Huitron In response to Higuchi's question, the applicant would not be precluded from
having outdoor televisions, but would be required to adhere to the City's
Noise Ordinance.
Mello Mello asked staff about the outdoor canopy (i.e. size and scale) and if it
would be free-standing.
Aguilar In response to Mello's question, Aguilar stated that the outdoor canopy is
expected to be attached to the building and will cover the majority of the patio
area.
Chu Chu asked the applicant when the new restaurant would be opening. She
also thanked Aguilar for the great presentation. Chu also made favorable
comments with regards to the thought-out plan and design of the project.
She was in support of the project.
Aguilar In response to Chu's question, the applicant is hoping to open by Summer
2021.
Kozak Kozak stated it would be a welcome addition to the Tustin Legacy. He made
favorable comments regarding the report and presentation.
Hurtado No public comments received by e-Comments, email or by telephone.
Teresa The applicant, Teresa Hernandez, provided some background on her
Hernandez restaurant. She stated they are very excited to be opening up their
restaurant in Tustin. July 1St is the target opening date.
Higuchi Higuchi made favorable comments regarding the project, specifically the
CUP for the mural, and the background and history. Higuchi asked if in the
Minutes—Planning Commission April 27, 2021 —Page 3 of 8
future, staff could make that application part of the Design Review versus a
separate application. He thanked staff for their hard work on the project as
well as the applicant.
Mello Mello also made favorable comments, and he was also in support of the item.
Kozak Kozak concurred with his fellow Commissioners and he, too, made favorable
comments regarding the project. He was also in support of the
recommended action.
Mason Mason commended staff for their hard work and to the applicant for opening
up their restaurant in Tustin, especially during the COVID-19 pandemic.
Motion: It was moved by Mason, seconded by Higuchi, to adopt Resolution Nos.
4425 and 4426, as provided. Motion carried 5-0.
Adopted 4. CONDITIONAL USE PERMIT(CUP)2020-0010 AND DESIGN REVIEW
Reso. No. (DR) 2020-0009
4427
APPLICANT:
Greg Borchardt/PM Design Group, Inc.
6930 Destiny Drive, Suite 100
Rocklin, CA 95677
PROPERTY OWNER:
Chang Jin Park c/o Andrew C. Lee, Asset Manager
250 East 1St Street, Suite 800
Los Angeles, CA 90012
LOCATION: 14002 Newport Avenue
REQUEST:
A request to demolish an existing 2,280 square-foot Jack in the Box drive-
thru restaurant and construct and operate an 1,869 square-foot Jack in
the Box restaurant with a drive-thru facility and outdoor seating.
ENVIRONMENTAL:
This project is Categorically Exempt pursuant to Section 15302 (Class 2)
of the California Environmental Quality Act (CEQA).
RECOMMENDATION:
Minutes—Planning Commission April 27, 2021 —Page 4 of 8
That the Planning Commission adopt Resolution No. 4427 approving
CUP 2020-0010, authorizing the demolition of the 2,280 square foot
existing Jack in the Box drive-thru restaurant and the construction and
operation of an 1,869 square-foot Jack in the Box restaurant with a drive-
thru facility and outdoor seating; and DR 2020-0009, approving the site
planning and design proposed for the project located at 14002 Newport
Avenue.
Dove Presentation given. Staff made a recommendation to revise Condition of
Approval No. 9.5 in Resolution No. 4427, removing the requirement to
underground utilities in the public right-of-way.
Mello Mello made favorable comments regarding the presentation. He asked
about the images of off-site improvements within the presentation and any
applicable requirements. Mello also asked if the improvements would
include the off-site trees and ADA ramp at the intersection and if it is existing
or being proposed (per the image in the presentation).
Reekstin In response to Mello's question, Reekstin stated that the applicant is
proposing to relocate and create new driveways, sidewalks and some
improvements along the right-of-way, adjacent to the project site (i.e.
relocating a street light).
Dove Per Mello's question regarding the off-site trees and ADA ramp, Dove stated
that they would be modified.
Chu Chu asked about the daily operation hours requested by the applicant and if
they are currently operating during the hours listed.
Dove Per Dove, she believed the applicant is operating during the listed hours but
there is no outdoor seating at this time. The hours of operation for outdoor
seating would be pursuant to the TCC.
Kozak Kozak did not have any questions. He visited the site and he believed the
project will help with the revitalization along Newport Avenue and is hopeful
the adjacent vacant lot will be developed soon. Kozak stated he was in favor
of the recommended action.
Hurtado There was no public comment received by e-Comment, email or telephone.
Ben Eramya Ben Eramya, the business owner, thanked staff for their help along the way
and was hopeful this project will help beautify that area. He stated that the
existing hours of operation, due to COVID Guidelines, have been reduced in
the dining area, which closes at 10:00 p.m..
Minutes—Planning Commission April 27, 2021 —Page 5 of 8
Mason Mason asked how long the Jack in the Box (JITB) has been operating. She
thanked staff for doing a thorough job and to ensure there are no impacts to
traffic flow.
Ben Eramya Per Mr. Eramya, JITB has been operating at the site for 45 years; he has
been in the restaurant business over 40 years; He and his partner
own/operate several JITB restaurants throughout Southern California.
Mello Mello asked the applicant about the building location and drive-thru stacking
and the concern of vehicles stacking out onto EI Camino Real. He also
asked what the thought process was behind the proposed building location.
David Lundy David Lundy, PM Design Group, stated they had numerous layouts and
versions trying to get the project site to work, as far as stacking is concerned.
He added that the main goal was to get the most stacking and to keep
vehicles off of the street. The new kitchen facilities will also help get
customers in and out faster.
Mason Mason mentioned there are mitigation solutions in place with other drive-thru
restaurants and asked if they have also put a mitigation solution in place
should there be an issue with stacking to ensure that there will not be any
impacts to Newport Avenue.
Ben Eramya Mr. Eramya added that typically with the process/system, JITB has the ability
to move their guests quickly (3 minutes per guest) versus other restaurants
average speed of 8-10 minutes per guest. This project will allow them to
serve guests a lot faster.
David David Beshay, Eramya's partner, echoed everything his partner and
Beshay designer stated previously. The restaurant will look beautiful and represent
the area well. Regarding the concern with stacking, Mr. Beshay stated that
he wished they could have the stacks like other restaurants, but one reason
for those long lines is that they do not have as many restaurants as JITB
does. The outside order takers will also help shorten the line.
Higuchi Thanked staff for the comprehensive report and the applicant for reinvesting
in Tustin. Favorable comments were also made.
Motion: It was moved by Mello, seconded by Chu, to adopt Resolution No. 4427, as
amended. Motion carried: 5-0.
Minutes—Planning Commission April 27, 2021 —Page 6 of 8
REGULAR BUSINESS:
Adopted 5. DESIGN REVIEW 2020-0011: COMMERCIAL REMODEL &
Reso. No. ADDITION AND PARKING EXCEPTION
4428
APPLICANT:
Scott Olsen
Procon Development Inc.
4522 Katella Ave.
Los Alamitos, CA 90720
PROPERTY OWNER:
Ayla Capital Group, LLC
Attn: Dean Azzeh
535 E. Main St., STE. A
Tustin, CA 92780
LOCATION: 535 East Main Street
REQUEST:
A request to remodel an existing commercial building, construct a 3,458
square foot addition, establish outdoor seating in common area and
satisfy required on-site parking through the Parking Exception
Program.
ENVIRONMENTAL:
This project is Categorically Exempt pursuant to Section 15332 (Class
32 — In-Fill Development) of the California Environmental Quality Act.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4428 approving
Design Review (DR) 2020-0011 to authorize the remodel of an existing
commercial building, construct a 3,458 square foot addition, establish
outdoor seating in common area and satisfy required on-site parking
(nine (9) parking stalls) through the Parking Exception Program at 535
East Main Street.
Beier Presentation given.
Mello Mello asked what the square footage of the existing patio is.
Minutes—Planning Commission April 27, 2021 —Page 7 of 8
Beier In response to Mello's question, the existing square footage has not been
measured but the existing patio is larger than what is currently proposed
and is underutilized at this time.
Kozak Kozak visited the site and he stated this project will be an exciting
addition to Old Town.
Hurtado There was no public input received by e-Comment, email or telephone.
Motion: It was moved by Chu, seconded by Kozak, to adopt Resolution No. 4428.
Motion carried 4-1. Planning Commissioner Ayes: Chu, Higuchi, Kozak,
Mason. Planning Commissioner Nay: Mello.
STAFF CONCERNS:
Wil/kom Willkom reminded the Commission of the City Council/Planning
Commission Workshop on May 11, 2021 at 5:00 p.m. to discuss the
Housing Element Update.
COMMISSION CONCERNS:
Higuchi No concerns.
Mello No concerns.
Chu Chu participated in the Strategic Plan Workshop (via Zoom)on April 14, 2021
and is looking forward to the upcoming May 11, 2021 City Council/Planning
Commission Joint Workshop.
Kozak Kozak thanked City Council for his reappointment and noted that the Oath
of Office was conducted on April 14, 2021.
Mason Mason thanked Mayor Clark for joining the meeting and for swearing in
Commissioners Higuchi and Mello. She also extended a congratulations to
Kozak on his re-appointment.
7:25 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for
Tuesday, May 11, 2021.
Minutes—Planning Commission April 27, 2021 —Page 8 of 8