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Home My WebLink About00 PC AGENDA 01-23-24 AGENDA COUNCIL CHAMBER& VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING JANUARY 23, 2024 NOTICE REGARDING PUBLIC PARTICIPATION To watch the meeting,the public may observe the meeting in person in the Council Chamber or via the Cit 's Granicus service at Ott: : /www,t�� tinca,orc%J.3J./Meetinc Ac enda or on the local Cox Y 1................ ...........................................................................................................................................................................................................,,...........................,,,......................................... Channel851. To participate and/or comment on one or more items, do the following: 1. PARTICIPATING DURING A MEETING Community members who wish to verbally address the Planning Commission during a public meeting may attend the meeting in person or join through Zoom. By joining the meeting through Zoom, you will be able to speak but your video will not be enabled. Please see further instructions below. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY COMPUTER OR SMART DEVICE Community members may provide live public comments via Zoom during Planning Commission meetings. To join the meeting, click here and use the passcode below. You can also join via the Zoom app on your smartphone or tablet, or in a web browser at btt.P..,-H^.0.orr.�o.,,_us/jj.r.:i_r, by entering the Meeting ID and Passcode below. Meeting ID: 884 1331 3384 Passcode: 363248 Please provide your name in the Zoom application to allow the Planning Commission Secretary to identify you when it is your time to speak. We suggest installing and testing the Zoom software on your device prior to the commencement of the meeting. HOW TO CONNECT TO THE ZOOM WEB CONFERENCE BY TELEPHONE To join the Zoom web conference from any phone (landline or wireless), dial 669- 900-6833. When prompted, use the below Meeting ID and Passcode. Meeting ID: 884 1331 3384 Passcode: 363248 The Planning Commission Secretary will identify you by the last 4 digits of your phone number when it is your time to speak. Agenda— Planning Commission Meeting—January 23, 2024— Page 1 When requested by the Planning Commission Secretary, call-in users can unmute and mute their phones by pressing *6. Call-in users can "raise their hand" by pressing *9 but may not "lower their hand" once raised. 2. PROVIDE WRITTEN COMMENTS THROUGH THE E-COMMENT SYSTEM Proceed to the SpeakUp comment system: A. To submit an e-comment on an upcoming meeting agenda, go to tt: �Htu tin,c manic uside��as.c orry�o/rrY.�oe.e. inc s? c o: e :::::::��: rorr -inc and select the ...........I ........................................................................................................................................................................1........................................................................................................................ agenda item. B. Follow the links to type and submit your comment(s) on one or more items: 1. The items may be on the agenda or not on the agenda. 2. Your comments will be forwarded electronically and immediately to the members of the Planning Commission. 3. Comments related to a particular agenda item will only be considered prior to the close of public comments on that item. 4. Comments on matters that are not on the agenda may be submitted only until the "Public Comment" portion of the agenda is concluded. Forindividuals with Disabilities The Cityis dedicated to ensuring accessibility to the meetings for those individuals with disabilities, so the City has established a process to request a reasonable modification or accommodation consistent with the Americans with Disabilities Act(ADA). If you would like to request a modification or accommodation due to a disability, please call (714) 573-3106 as soon as is feasible, and identify the need and the requested modification or accommodation. The City'sADA Coordinator or her designee will receive the request and communicate in response to the request. Items Distributed to the Planning Commission Less Than 72 Hours Prior To Meeting. Pursuant to Government Code Section 54957.5,non-exemptpublic records thatrelate to one or more open session agenda items and that are distributed to a majority of the Planning Commission less than seventy-two(72)hours prior to the meeting will be a vailable for public inspection on the electronic posting board located at300 Centennial Way, Tustin, CA 92780. CALL TO ORDER: 7:00 p.m. INVOCATION: Pastor Jorge Molina, Mariners Church PLEDGE OF ALLEGIANCE: Chair Kozak ROLL CALL: Commissioners Douthit, Higuchi, Kozak, Mason, Mello Agenda- Planning Commission Meeting-January 23, 2024- Page 2 PUBLIC INPUT: At this time, any member of the public may address the Planning Commission on matters which are not listed on this evening's agenda, provided the matter is within the subject matter jurisdiction of the Planning Commission. CONSENT CALENDAR: All matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion without discussion. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak"form with the Planning Commission Secretary. 1. APPROVAL OF MEETING MINUTES— DECEMBER 12, 2023 RECOMMENDATION: That the Planning Commission approve the Minutes of the December 12, 2023 Planning Commission meeting, as provided. PUBLIC HEARING: 2. CONDITIONAL USE PERMIT 2022-0017 & DESIGN REVIEW 2023-0011 APPLICANT: PROPERTY OWNER: Jessica Steiner Bonaparte Liu, Managing Member Bickel Group Architecture Tenants in Common: Red Hill Village, LLC; 3600 Birch Street, #120 JBW Partners, LLC; Bodhi Metta, LLC Newport Beach, Ca 92660 4340 Von Karman Avenue., Suite 390 Newport Beach, Ca 92660 LOCATION: 14601 Red Hill Avenue ENVIRONMENTAL STATUS: This project Is Categorically Exempt (Class 32) pursuant to Section 15332 of the California Environmental Quality Act. REQUEST: A request to demolish an existing restaurant with drive-thru facilities to construct a new 3,600 square foot restaurant with drive-thru facilities on a property located at 14601 Red Hill Avenue. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4482 approving Conditional Use Permit (CUP) 2022-0017 and Design Review (DR) 2023-0011 to authorize the demolition Agenda— Planning Commission Meeting—January 23, 2024— Page 3 of an existing take-out restaurant with drive-thru facilities to construct a new 3,600 square- foot take-out restaurant with drive-thru facilities at the property located at 14601 Red Hill Avenue. Presented by: Jorge Maldonado,Associate Planner 3. CODE AMENDMENT(CA) 2024-0001 (ORDINANCE NO. 1540)—CANNABIS BUSINESSES AND ACTIVITY Proposed CA 2024-0001 would update the TCC to ensure that it is not inconsistent with the Medicinal Cannabis Patients' Right of Access Act, that became effective on January 1, 2024. ENVIRONMENTAL ANALYSIS: The proposed CA 2024-0001 is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c) (2), as it can be seen with certainty that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and 15060(c)(3), since the activity is not a project as defined in Section 15378, because it has no potential for resulting in physical change to the environment, directly or indirectly. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4481, recommending that the Tustin City Council adopt Draft Ordinance No. 1540, amending Tustin City Code (TCC) Sections 3141, 3152, 9270, and 9297 related to the regulation of cannabis businesses and activity within the City. Presented by: Michael Daudt,Assistant City Attorney REGULAR BUSINESS: 4. OLD TOWN TUSTIN HISTORIC VIRTUAL WALKING TOUR The Community Development Department is pleased to present a new interactive resource to the community,the Old Town Tustin Historic Virtual Walking Tour. The walking tour was created to promote interest in historic preservation in Tustin, and to generate new excitement around the City's rich history. RECOMMENDATION: It is recommended that the Planning Commission receive and file the report. Presented by: Adrianne DiLeva, Management Analyst II Agenda— Planning Commission Meeting—January 23, 2024— Page 4 STAFF CONCERNS: Justina L. Willkom, Community Development Director COMMISSION CONCERNS: ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, February 13, 2024 Agenda— Planning Commission Meeting—January 23, 2024— Page 5