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HomeMy WebLinkAbout01 PC MINUTES 03-08-22 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING MARCH 8, 2022 6:00 p.m. CALL TO ORDER. Given. INVOCATION: Pastor Jorge Molina, Mariners Church All present. ROLL CALL: Chair Mason Chair Pro Tem Kozak Commissioners Chu, Higuchi, and Mello None. PUBLIC INPUT: Approved the CONSENT CALENDAR: Consent Calendar, as presented. 1. APPROVAL OF MINUTES — FEBRUARY 22, 2022 RECOMMENDATION: That the Planning Commission approve the Minutes of the February 22, 2022 Planning Commission meeting, as provided. 2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCE FOR MEETINGS In order for the Planning Commission to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Commission to make specific findings at least every thirty (30) days. RECOMMENDATION: Make the following findings by a majority vote of the Planning Commission: a. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic, and continues to be in effect; b. The Commission has reconsidered the circumstances of the state of emergency; and c. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19. Motion: It was moved by Kozak, seconded by Chu, to approve the Consent Calendar, as presented. Motion carried 5-0. Agenda—Planning Commission March 8, 2022—Page 1 of 9 PUBLIC HEARING: Adopted Reso. 3. CONDITIONAL USE PERMIT 2021-0019 AND CONDITIONAL USE Nos. 4446 & PERMIT 2021-0020 4447. APPLICANT: Edward Ojeda Scan A Cart LLC 17881 Sky Park Circle, Suite G Irvine, CA 92614 PROPERTY OWNER: Tom Chou Chou Newport Plaza Partners, LLC 3 Whaney, #100 Irvine, CA 92618 LOCATION: 14401 Newport Avenue ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA). REQUEST: A request to authorize on-site Alcoholic Beverage Sales (Type 47 License) and live entertainment in conjunction with a 3,167 square foot restaurant establishment. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4446 approving Conditional Use Permit (CUP) 2021-0019, to authorize on-site alcoholic beverage sales (Type 47 license); and adopt Resolution No. 4447 approving CUP 2021-0020 to authorize live entertainment; in conjunction with a 3,167 square foot restaurant establishment at 14401 Newport Avenue. Carver Presentation given. Higuchi Higuchi disclosed his knowledge of the applicant's representative, Mr. Leonard Chan, and that he had no economic ties to the business or the applicant. He mentioned the former business and the concerns he had with that business operation. Higuchi felt comfortable knowing the applicant is an established operator and that the business would bring economic livelihood to the plaza and area. He did not have any concerns with the over- Agenda—Planning Commission March 8, 2022—Page 2 of 9 Higuchi concentration of an Alcohol Beverage Control (ABC) license in the plaza and felt that the establishment will be run differently than the prior establishment. Chu Chu addressed the following, in general: 1) overconcentration of ABC licenses — what is the California Department of Alcohol Beverage Control's (Department of ABC) stand on this type of project? 2) concern regarding noise from live entertainment — were there complaints during the time of McClure's operation when there was live entertainment? Chu was concerned with the live entertainment occurring on Thursday evenings, and possible noise complaints. How would the applicant address those issues? 3) Parking —the restaurant compared to the previous establishment —the total capacity has increased — is the City not requiring additional parking solely based on the size of the business, and not the total capacity? Willkom Per Willkom, as to overconcentration, there is a finding of public convenience and necessity that needs to be made and the Department of ABC leaves that to the local jurisdiction. City staff believes the use would provide diversity and opportunity in the area to serve the public. McClure's had been in existence since 1996 and there were a few complaints during that time. The proposal being presented involves a new applicant and a different business concept, with the appropriate conditions in place. City staff is hopeful the new establishment will be successful. Per Chu's question regarding parking, Willkom explained that the parking requirement is based on the square footage of the restaurant, which is not proposed to be expanded. Therefore, the applicant is meeting the parking requirements. Willkom added, there is a condition within the resolution that if there is a parking issue in the future, the City has the ability to require the applicant to address any parking issue. Mr. Leonard In response to Chu's concern with the live entertainment on Thursday nights, Chan Mr. Chan stated new restrictions were put into place therefore the live entertainment will cease at 11:00 p.m. In addition, they will not behaving any rock bands. The previous establishment (Marty's) was a true music venue. The music is an ancillary to the bar and restaurant. Should there be any noise complaints, the applicant will address them accordingly. Mello Mello referred to the establishment being within 300 feet of residential properties and he asked if there was any feedback given from any of the neighboring businesses. He also mentioned the businesses in the area with similar operating hours and if they were any within the plaza or along Newport Avenue in the commercial zone. Mello asked Mr. Chan if he and the applicant had explored any other locations within the city to pursue this business or if he would be open to exploring other locations in Tustin. Reekstin In response to Mello's question, Reekstin stated that there are residential properties within the 300-foot radius. Staff provided public noticing to all owners within the 300-foot radius, as well as posting the project site and publishing the notice. City staff did not receive any comments or questions Agenda—Planning Commission March 8, 2022—Page 3 of 9 Reekstin from the public. Reekstin stated there are a few businesses that are open past midnight, within the vicinity, but not in the plaza. Mr. Leonard Mr. Chan expressed how he liked the legacy of the area and he liked the Chan location of this project. Mr. Chan and the applicant looked at other areas and in working with the owner of the plaza, their desire is to redevelop the plaza and to provide a trendy upscale establishment by making the project very approachable. This would likely help improve the plaza and surrounding areas. Per Mr. Chan, the owner of the plaza, may be looking at new businesses within the plaza to improve the plaza overall. Kozak Kozak thanked Mr. Chan for his interest in improving the plaza. The proposal for entertainment is reasonable and he wished Mr. Chan and the applicant his best. Mason Mason asked about the requirement of 51 percent of sales going towards food and if that provision still pertained to this project. She asked Mr. Chan if he viewed this business as a bar or a restaurant first. Willkom Per Mason's previous question, the provision regarding 51 percent sales going towards food was part of the previous guidelines. In 2018, the City decided to provide more flexibility with alcohol beverage sales and services and the old provision has since been removed from the guidelines. Mr. Leonard Mr. Chan considers the project concept a restaurant/bar and family friendly. Chan During the evenings, the establishment will be livelier therefore they should see a drop in food sales after 10:00 p.m. (a full food menu will be offered until last call). He added that all of the staff is heavily trained on not over- serving alcohol. There will always be security on-hand (one indoor/one outside) and staffing will increase on the busier nights. The owner has already installed security cameras on the exterior of the building, and Mr. Chan and the applicant have asked for additional security cameras in the parking lot area. Any old security cameras will be replaced with new security cameras. Mello Mello made favorable comments regarding the changes being made the last few years in this project area. Also, he was pleased to hear the applicant's plans for being responsible for this business. He did voice his concern with the proximity of the project to the residential area and the hours of operation, specifically Thursday evenings. Mello asked if there was any thought to possibly changing the hours of operation on Thursday evenings. Mr. Chan Mr. Chan stated he would speak to the applicant about possibly changing the hours of operation on Thursday evenings to address Mello's concern. Again, Mr. Chan stated that the business will be well staffed with security to ensure everyone enters and leaves the business and area properly. Kozak Kozak asked Mr. Chan to further elaborate on the security plan. Agenda—Planning Commission March 8, 2022—Page 4 of 9 Mr. Chan Per Mr. Chan, there will be three (3) tiers of security: door security to handle checking patron's ID's; inside security stationed in the back-patio exit (during live entertainment); on the busier days, there will be a General Manager who will oversee the security staff (professional/licensed/insured security company) and they will all wear a microphone to keep in communication with one another regularly. Mason Mason stated that if noise does become an issue, the residents will complain and the City would then take action. As long as the applicant is sensitive to the proximity of the business to the residential area, Mason was in favor of the project. Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution Nos. 4446 and 4447. Motion carried 5-0. REGULAR BUSINESS: Authorized 4. 2021 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION staff to MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY forward the SPECIFIC PLAN General Plan and the RECOMMENDATION: MMSR to the City Council That the Planning Commission review and authorize staff to forward the for General Plan Annual Report (the General Plan) and the Annual Mitigation consideration. Monitoring Status Report (MMSR) to the City Council for consideration. Demkowicz Presentation given. Mello Mello asked for clarification: is the Planning Commission recommending the report and what is included within the report, to the City Council? He asked about Tustin's Temporary Emergency Shelter Request for Proposal (RFP) and if there is any chance that the facility is not a continuous operation due to the RFP and if anyone has submitted an RFP. Mello referred to Page 56 of the meeting packet—the list of efforts to remove governmental constraints to the improvement and development of housing (i.e. Voluntary Workforce Housing Incentive Program — Ordinance No. 1491). He asked staff to elaborate on Ordinance No. 1491 and how it is reducing governmental constraints. Demkowicz Per Demkowicz, the RFP for the Temporary Shelter has been distributed and there has been some interested parties who have looked at the facility but there is no operator that has been selected at this time. Daudt In response to Mello's previous question on the Voluntary Workforce Housing Incentive Program, the provision requires affordable units in Agenda—Planning Commission March 8, 2022—Page 5 of 9 Daudt connection with the development of residential housing in certain specific planning areas. Mello Mello then asked if Ordinance No. 1491 is required or voluntary for a developer who wants to build in Tustin to follow the levels of income for affordability. Daudt To further clarify, if a developer is not inclined to provide the affordable residential units on-site, they may instead include an in-lieu housing fee in its place. Willkom Willkom added, the Voluntary Workforce Housing Incentive Program is applicable only in the Downtown Commercial Core Specific Plan and Red Hill Avenue Specific Plan areas of the City. The area within the boundaries of these two (2) specific plans are generally commercially zoned. The Specific Plan included the provision for residential development within the commercially zoned parcels of both areas. The Voluntary Workforce Housing Incentive Program is voluntary, per se, in that the City is not requiring the development of residential housing units, but should a developer want to provide residential housing units, then the developer would need to comply with the provisions of the Voluntary Workforce Housing Incentive Program. The Hill is one (1) of the applications that the City has received and it has been approved. Also, one (1) application is currently under review by City staff. Chu Chu made favorable comments to Demkowicz on her presentation. She asked about Proposition 64 (Cannabis businesses) not being allowed under this proposition. What businesses are considered acceptable under this proposition? Chu asked if the Temporary Outdoor Dining Use Permits will become permanent. With regard to graffiti, Chu recommended portable surveillance cameras and asked what the cost would be for the City to rent and install surveillance cameras in the high crime areas of Tustin. Willkom Per Chu's question, Willkom stated that currently, no cannabis businesses are allowed to establish within the city limits of Tustin. Only the delivery or transfer of cannabis through Tustin is permitted under the State law. The Temporary Outdoor Dining provision has been extended through the end of Summer 2022 and staff is currently in the process of revising the ordinance to allow for more flexibility for outdoor dining as a permanent facet for restaurants and potentially for other types of businesses. The ordinance will be brought to the Commission and the City Council in the near future. During the COVID-19 Pandemic, the City Council allowed restaurants and other businesses to have outdoor settings and City staff created a temporary provision to allow businesses (free of charge) to apply for such permits. The General Plan Annual report is a progress report with respect to the City's General Plan, goals and objectives and this progress report will be submitted Agenda—Planning Commission March 8, 2022—Page 6 of 9 Willkom to the Office of Planning and Research following the Planning Commission and City Council's review. Higuchi Higuchi also thanked Demkowicz for the presentation and he asked why the General Plan Annual Report is being presented in conjunction with the agenda report for the Tustin Legacy Mitigation Monitoring Report. He referred to the Housing Element - Appendix A Leap Reporting and the various tiers of affordability — deed restricted and non-deed restricted units, which he asked if these units are considered very-low income, if it meets a certain density criteria pursuant to the State law. He asked for an example of what the non-deeded restricted very-low income units and moderate- income units look like. Higuchi also asked when the Housing Element responses would be submitted to HCD. He asked if the comments from HCD are public record. Higuchi also asked about RHNA's projections and when City Staff anticipates the Housing Element would be approved. Lastly, Higuchi asked about the status of the permanent supportive housing site on Park and Warner Avenues (Jamboree Housing). Willkom In response to Higuchi's questions/comments, Willkom stated staff has paired both reports but they are not related to one another. For the purpose of the Housing Element site inventory— if the City is to zone the site with the default density of 30 dwelling units per acre, that site can be considered as a site to accommodate lower-income housing. When the City reports completed units to HCD, then the City must look at the pricing or rental rates of the housing units. Typically, a non-deeded restricted unit is related to transitional housing, homeless shelters, etc. City staff is in the process of addressing all of the responses from HCD and in addition, staff has also been meeting with HCD staff to ensure staff understands exactly what HCD is seeking. Staff is making great progress and hoping to submit the revisions to HCD within the next few weeks. HCD's comments and letters are public record and they are available on the City's focused Housing Element webpage. HCD has also included their letters on HCD's webpage. Per Higuchi's question regarding RHNA's projections, Willkom stated 6,782 units are assigned to Tustin for the next eight (8) year cycle. Reekstin Per Reekstin, non-deed restricted moderate-income units include ADUs. The applicant would have to show they are renting the ADU at a moderate- income level. Regarding the permanent supportive housing site, Reekstin and Willkom stated the applicant withdrew the application and there have not been any other applications since then. Hurtado Hurtado confirmed no public input received. Mello Mello was not in favor of the Voluntary Workforce Housing ordinance. Willkom Per Willkom, the annual report is a progress report showing activities that the City undertook in the prior year and the report shows that that the Voluntary Agenda—Planning Commission March 8, 2022—Page 7 of 9 Willkom Workforce Housing ordinance has been adopted. If the City Council wishes to re-consider that section of the TCC, it would be a separate action and separate request to staff. Higuchi Higuchi asked for clarification -the City's last Comprehensive Update to the General Plan was in 2001. He was not understanding how the Voluntary Workforce Housing ordinance is effectively streamlining the production of residential units in Tustin, specifically the DCCSP and the RHASP. Willkom Willkom confirmed that the City's last Comprehensive Update to the General Plan was done in 2001. Motion: It was moved by Kozak, seconded by Higuchi, to approve the recommended action. Motion carried 5-0. STAFF CONCERNS: Willkom Willkom informed the Commission of The Landing project will have their model preview on March, 22, 2022 from 4:00-6:00 p.m. COMMISSION CONCERNS: Higuchi Higuchi thanked staff for the presentations and stated he was happy to be back in person. With regard to the mitigation measures of the Tustin Legacy, he would have liked Economic Development staff to be present and involved in the meeting for any updates on the Tustin Legacy. Congratulations to the Gallagher family. Mello Mello also thanked staff for the presentations and for the responses. He requested the Commission revisit the Voluntary Workforce Housing ordinance and would like to make a recommendation to the City Council. Willkom Willkom informed the Commission that policy direction typically begins with the City Council. The Commission's role is more focused on land use. Staff can relay Mello's concerns to the City Council but it is beyond the Commission's purview. The City Council would make the determination as to whether or not they would want to reconsider the matter. Mason Mason asked Willkom to discuss the process of Mello's request, along with the General Plan Update, since the last update was in 2001. Mason Mason asked staff to relay the concerns to City Council. Mason spoke of her recent experience in attending various Planning Commission meetings for other cities. She inquired about the opportunity to address the Commission's concerns at the beginning of the agenda in order to share insight with each other regarding various topics (i.e. RHNA, Housing), which she stated might be helpful. She asked Willkom if this could be addressed offline or at a future Agenda—Planning Commission March 8, 2022—Page 8 of 9 Mason meeting. Mason added that this approach would bring more educational insight to the Commission's conversations. Daudt To clarify Mason's questions/comments, Daudt asked if the Commission is asking for an opportunity for individual Commissioners to perhaps discuss topics of particular concern or to make brief presentations on issues they would like to address, related to the Commission's purview. Daudt stated that initially the typical concerns section of the agenda is intended to be for less structured discussions and is not intended to facilitate a focused, larger discussion of a topic. Daudt recommended that if a Commissioner knew he/she wanted to have a more structured discussion on a specific topic between each other and/or the public, then the item would need to be submitted to staff in order for it to be agendized to give everyone advance notice. Daudt stated that Mason's request to discuss a topic on a less structured item is appropriate during the Commissioner Concerns portion of the agenda, whether at the beginning or end of a meeting agenda. Chu Chu congratulated Council Member Gallagher on his new baby! Great presentation Demkowicz. Kozak Kozak also congratulated Gallager's family on baby Camden Caroline, born March 2, 2022. 7.11 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 22, 2022. Agenda—Planning Commission March 8, 2022—Page 9 of 9