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HomeMy WebLinkAbout03 PC Minutes 03-27-06 ITEM #3 7:01 p.m. MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 27, 2006 CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL Pres~nt John Nielsen, Chair Nathan Menard, Chair Pro Tem Brett Floyd, Commissioner Jim Lee, Commissioner Leslie Pontious, Commissioner Staff present Elizabeth Binsack, Community Development Director Christine Shingleton, Assistant City Manager Jason Retterer, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Tim Serlet, Director of Public Works Doug Anderson, Senior Project Manager Scott Reekstin, Senior Planner Justina Willkom, Senior Planner Ryan Swiontek, Assistant Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - MARCH 13,2006, PLANNING COMMISSION MEETING. It was moved by Floyd, seconded by Pontious, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. Nos. 4018 and 4019 USE DETERMINATION 06-001 AND CONDITIONAL USE PERMIT 06-001 REQUESTING A USE DETERMINATION TO ESTABLISH A KARAOKE MUSIC STUDIO AS A CONDITIONALLY PERMITTED USE IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT AND TO CONDITIONALLY PERMIT THE PROPOSED USE AT 656 EL CAMINO REAL. Minutes - Planning Commission 3.27.06 - Page 1 RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution 4018, approving Use Determination 06-001 to allow for karaoke music studios as conditionally permitted uses within the Central Commercial (C-2) zoning district. 2. Adopt Resolution No. 4019, approving Conditional Use permit 06-001 to establish a karaoke music studio in an existing 2,000 square foot tenant space located at 656 EI Camino Real. 7:03 p.m. The Public Hearing opened. Swiontek Presented the staff report. Nielsen Indicated he was surprised that the hours of operation will be 10:00 a.m. to 12:00 a.m. daily; and, asked if those hours apply to the majority of the center. Swiontek Answered that the applicant owns an adjacent restaurant which operates during the hours 10:00 a.m. to 12:00 a.m.; the plan is for restaurant patrons to enjoy the karaoke studio; there is an existing conditional use permit for an ABC license for the restaurant for which staff analyzed the hours of operation for the other tenants in EI Camino Plaza and concluded that 12:00 a.m. was compatible. Nielsen Invited the applicant to the lectern; the applicant did not come forward. Asked if other members of the public wished to speak on this item; no one came forward. 7:10 p.m. Floyd The Public Hearing closed. Asked for the name of the restaurant the applicant owns. Swiontek Answered the restaurant was formerly Kogami but is now Nam Dae Gam Korean food. Floyd Requested clarification whether or not the intent is for customers to move back and forth between the restaurant and the karaoke studio; and, indicated he has not seen this sort of arrangement before. Minutes - Planning Commission 3-27-06 - Page 2 Swiontek Pontious Swiontek Pontious Nielsen Vicky Yeonjung Kim-Nam Menard Ms. Kim-Nam Menard Ms. Kim-Nam Lee Ms. Kim-Nam Nielsen Floyd Pontious Lee Answered in the affirmative; and, added that staff has consulted with various similar establishments in Garden Grove and Fountain Valley. Stated that her question was whether those establishments function without alcohol or prepared food service. Answered in the affirmative; and, noted that comments were routed to the Tustin Police Department who consulted with Garden Grove and Fountain Valley in that regard. Indicated that the applicant had arrived. Invited the applicant to the lectern. Stated she was available to answer any questions the Planning Commission might have. Asked if the applicant owns a karaoke establishment at another location. Answered that she is a real estate agent but operates the restaurant next to the karaoke studio. Asked about the photographs that were included in the staff report. Explained that those were photographs taken at other similar establishments in Los Angeles, Garden Grove, Hawaiian Gardens, Newport Beach, etc. Asked if alcohol is normally served at these establishments. Indicated that she will not be serving alcohol in the studio; there is a beer and wine license for the restaurant; since this is intended as a family-oriented business, only soft drinks will be served in the studio. Asked if the Commissioners had other questions. Indicated that he supports this use. Stated that this seems like a unique use; if it works in other cities, she would have no problem approving the project. Suggested there was another karaoke location in the City a few years ago, the Blue Note. Minutes - Pianning Commission 3-27-06 - Page 3 Director Indicated she thought that was a music school. Lee Stated that he has visited karaoke bars and enjoyed the experience; and, added his support of this use as long as no alcohol will be served. Menard Noted that staff has done well conditioning this use; and, indicated his support. Nielsen Stated his support of the use; and, thanked staff for their thorough research. It was moved by Floyd, seconded by Pontious, to adopt Resolution Nos. 4018 and 4019. Motion carried 5-0. Adopted Resolution 3. No. 4017 MCAS TUSTIN SPECIFIC PLAN AMENDMENT (ZONE CHANGE) 05-002. IN SUMMARY MCAS SPECIFIC PLAN AMENDMENT (ZONE CHANGE) 05-02 WOULD AMEND THE TEXT, TABLES, AND GRAPHICS AS FOLLOWS: . REMOVE REFERENCES TO GOLF COURSE USES THROUGHOUT THE SPECIFIC PLAN AND INCREASE PARK ACREAGES TO INCLUDE THE PROPOSED COMMUNITY PARK AND LINEAR PARK. . AMEND THE BOUNDARIES OF NEIGHBOR- HOODS D AND E. . MODIFY THE PERMITTED LAND USES AND DEVELOPMENT STANDARDS WITHIN THE COMMUNITY CORE (NEIGHBORHOODS 8,13, AND 14,) AND MODIFY THE TRIP BUDGET. . PROVIDE A SINGLE CONSOLIDATED DEVEL- OPMENT STANDARDS SECTION IN THE SPECIFIC PLAN FOR PLANNING AREAS 9-12. . AMEND NEIGHBORHOOD G, PLANNING AREA 15 BY ELIMINATING ALL REFERENCES TO THE GOLF COURSE; ADDING THE LAND USE DESIGNATION OF MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) TO ALLOW FOR THE TRANSFER OF UNUSED UNITS FROM PLANNING AREA 20 INTO PLANNING AREA 15; ADDING THE PROVISION FOR OFFICE USES; ADDING CONGREGATE CARE FACILITIES FOR THE ELDERLY AS A CONDITIONAL USE; AND EXPANDING THE PREVIOUS LIST OF ALLOWABLE Minutes - Planning Commission 3.27.06 - Page 4 COMMERCIAL USES TO INCLUDE A FULL RANGE OF TYPICAL NEIGHBORHOOD COMMERCIAL USES, BUT ELIMINATING HOTEL USES. . AMEND NEIGHBORHOOD B BY REDUCING THE TOTAL SQUARE FOOTAGE OF DEVELOPMENT PERMITTED TO ACCOMMODATE THE TRANSFER OF THE REMAINING SQUARE FOOTAGE TO NEIGHBORHOOD G TO PERMIT DEVELOPMENT OF CERTAIN COMMERCIAL USES WITHIN PLANNING AREA 15 OF NEIGHBORHOOD G. . AMEND THE REGULATIONS IN CERTAIN PLANNING AREAS 7-15 BY UPDATING USE CATEGORIES, INCLUDING THE ADDITION OF PARKS TO THE LIST OF ALLOWABLE USES IN ALL PLANNING AREAS, CHANGING DAYCARE LIMITS TO MATCH STATE REQUIREMENTS, UPDATING TERMINOLOGY FOR ADULT USES, AND CONSOLIDATING USES WITHIN GENERAL CATEGORIES. . UPDATE LAND USE AND TRIP BUDGET TABLES TO REFLECT ALL OF THE AMENDMENTS THAT CHANGE LAND USES AND TRIP BUDGETS. . AMEND THE GENERAL DEVELOPMENT REGULA- TIONS TO INCLUDE A NEW SECTION 3.14 THAT OUTLINES STANDARDS FOR ALCOHOLIC BEVERAGE SALES. . MODIFY PARKING STANDARDS TO ACCOM- MODATE MIXED USES IN THE COMMUNITY CORE LAND USE DESIGNATION. . AMEND CHAPTER 4 ADMINISTRATIVE PROCE- DURES FOR DEVELOPMENT PROCESSING. . AMEND THE DEFINITIONS SET FORTH IN THE SPECIFIC PLAN TO ADDRESS USES NOT CURRENTLY ADDRESSED IN THE SPECIFIC PLAN OR ANY SPECIFIC USE CLARIFICATIONS. RECOMMENDATION That the Planning Commission adopt Resolution No. 4017, recommending that the City Council: Minutes - Planning Commission 3-27-06 - Page 5 7:22 p.m. Reekstin Menard Reekstin Menard Pontious Menard Director Shingleton Nielsen Simon Whitmey Reekstin Director 1. Approve an Addendum to the Final Environmental Impact StatemenV Environmental Impact Report for Disposal and Reuse of MCAS Tustin ("FEIS/EIR"); and 2. Adopt MCAS Tustin Specific Plan Amendment (Zone Change) 05-02 to amend various sections of the MCAS Tustin Specific Plan. The Public Hearing opened. Presented the staff report. Asked the reason for the elimination of the hotel in Planning Area 15. Responded that the hotel is being provided in other locations within the Specific Plan area. Asked which areas those would be. Suggested the hotel was originally intended as part of the golf resort which has been removed. Indicated that he understood that explanation. Added that 500 rooms are still required within the Planning Area, but in a different location. Stated 500 hotel rooms are required; one of the hotel projects has to be a minimum of 250 rooms; the other must be a minimum of 100 units each or greater. Invited a representative from the Tustin Legacy Community Partners to the lectern. Stated he is the General Manager of Tustin Legacy Community Partners, Centex Homes; noted there were many experts available to answer any questions of the Commission; and, commended staff for their extraordinary effort toward getting the Amendments before the Commission this evening. Noted that a letter regarding the Addendum document was received from the City of Irvine late today; and, stated the City of Tustin's Engineering staff was available to address those items. Added that the Addendum and other documents before the Commission adequately addressed the comments that were identified; staff has not had an opportunity to provide a written response to the letter referred to by Mr. Reekstin; the Public Works Minutes - Planning Commission 3-27-06 - Page 6 Pontious Commissioners William Devine, representing William Lyon Homes, Tustin Villas Partners, and Moffett Meadows Partners Nielsen Director Pontious Director Pontious Department will provide a written response to the City of Irvine on each of the items in the letter; staff does not feel it is necessary to continue the item. Suggested the items in the City of Irvine letter were properly addressed in the documentation before the Commission. There was a consensus among the Commissioners that the item should go forward. Stated his clients are the landowners of the three Navy parcels referenced in the MCAS Tustin Specific Plan; the landowners do not oppose the Special Plan Amendments but were requesting additional time to review the documentation; notices of the Public Hearing were not received by Lennar or William Lyon Homes; the matter was just discovered at the end of last week; on Friday, his clients started gathering the substantial materials to start looking at what the implications may be on their properties within the Legacy; a continuance to the next Planning Commission meeting was requested to allow more time to review the documents; while a notice may have been sent to Lennar, it was sent to no one in particular; with 300 employees in the building, it is anyone's guess where the notice wound up. Asked staff to respond. Stated the Commission may take action as it deems appropriate; staff went beyond the noticing requirements; two public workshops were duly noticed and held on January 9 and March 13, 2006; in addition, there was unofficial notification regarding the Amendments via newspaper articles; for this evening's hearing, an eighth of a page notice was published in the newspaper; special notification was provided to Lennar, because staff was asked informally to do so; five areas of the site were posted with very large yellow cardboard notices; three of those notices were in close proximity to the Lennar site, one at the Moffett entrance and two near the Laing entrances. Asked if staff had a summary of the changes that impact which could be provided to Lennar. Stated the summary was provided in the staff report; a copy of the Special Plan Amendment could be provided to Lennar; there will be an opportunity for Lennar to address the City Council on April 3, 2006, on this item. Suggested that it would be appropriate for the Planning Commission to make a recommendation to the City Council, and Lennar will have an opportunity for comments, questions, and/or Minutes - Planning Commission 3.27.06 - Page 7 Nielsen Retterer Mary Jane Cox, 66 Juneberry, Irvine Nielsen Director Ms. Cox Pontious Nielsen Pontious Mr. Whitmey 7:41 p.m. Commissioners suggestions at the Council meeting; staff can work with Lennar as well. Asked if the City Attorney agreed that legal notification was provided. Answered in the affirmative. Stated she is a resident of Columbus Grove; and, asked if the present residents at the Grove and Tustin Field could also be notified. Asked staff to address Ms. Cox's question. Indicated that the Government Code identifies how a City must provide notice, and the City fulfilled those requirements; reiterated the postings referred to above; and, added that staff would be willing to sit down with Ms. Cox to go over the changes. Noted she found the document on the City's website and was overwhelmed. Stated that most of the document has not changed from what was there when Ms. Cox purchased her property. Indicated that staff would be able to provide Ms. Cox with helpful information. Stated that when the process began in the early 1990s, staff knew the middle part of the Legacy development was undecided and that changes would be necessary; the elimination of the golf course and inclusion of the linear and community parks will benefit the entire neighborhood; the Amendments address those issues. Thanked the City for the explanation regarding the noticing; and, asked the Commission to make a recommendation to proceed. The Public Hearing closed. Thanked staff for their input; and, stated a desire to move forward. It was moved by Pontious, seconded by Floyd, to adopt Resolution No. 4017. Motion carried 5-0. REGULAR BUSINESS None Minutes - Planning Commission 3-27-06 - Page 8 Director Commissioners Director Lee Menard Floyd Pontious Menard STAFF CONCERNS 2. REPORT OF ACTIONS TAKEN AT THE MARCH 20, 2006, CITY COUNCIL MEETING. Noted the City Council held a workshop on Measure M wherein various members of the Orange County Transportation Authority provided an overview of their long-range plan and other upcoming activities; if the Planning Commission would like that information provided in their next packets, staff will do so. Responded in the affirmative. Indicated the City Council extended the Medical Marijuana Ordinance for ten months and fifteen days; the City Council staff report was provided for the Commissioners in this evening's packets. Stated that staff anticipates issuing building permits for Prospect Village sometime this week. COMMISSION CONCERNS Indicated that he is attending the Citizens' Academy at the Police Department; and, stated it has been an eye-opening experience that provides a broad idea of what is happening within Tustin. No concerns. Thanked staff for the presentations. Echoed the thanks to staff for the work that went into the workshops and staff reports for this project. Encouraged staff to provide similar workshops in the future in order to accelerate the process for projects that come forward; it has always been helpful for the Commission to be able to sit down with staff to go over issues and thereby reach a better understanding of the objectives of staff and the developer. Agreed with Commissioner Pontious's comments regarding the handling of the Specific Plan Amendment, a perfect model for the future. Asked that the Design Guidelines prepared by RTKL be shared with the Commission just as soon as the Guidelines are available. Minutes - Planning Commission 3-27-06 - Page 9 Director Indicated that no document is available at this time, and staff has no idea when a draft will be forthcoming. Pontious Suggested that the look of the Legacy development will depend on the Design Guidelines; staff can be trusted to make sure all the roads are wide enough and sewers are taken care of, but the Planning Commission's focus is that the community will have a look that distinguishes Tustin from other cities. Nielsen Thanked staff for their hard work on the workshops and notification regarding the Specific Plan Amendment. 7:55 p.m. ADJOURNMENT It was moved by Floyd, seconded by Lee, to adjourn. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, April 10, 2006, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission 3-27-06 - Page 10