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Home My WebLink AboutPC MINUTES 01-23-24 MINUTES COUNCIL CHAMBER& VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING JANUARY 23, 2024 7.00p.m. CALL TO ORDER. Given. INVOCATION: Pastor Jorge Motina, Mariners Church Given. PLEDGE OF ALLEGIANCE: Chair Kozak All present ROLL CALL: Chair Kozak Chair Pro Tem Higuchi Commissioners Douthit. Mason, Mello. Hurtado PUBLIC INPUT: Hurtado confirmed no public input was received. CONSENT CALENDAR: Approved 1. APPROVAL OF MEETING MINUTES- DECEMBER 12, 2023 the December 12, 2023 PC meeting minutes. RECOMMENDATION: That the Planning Commission approve the Minutes of the December 12, 2023 Planning Commission meeting, as provided. Hurtado Hurtado confirmed no public input was received. Motion., It was moved by Mason, seconded by Mello,to approve the Minutes of the December 12, 2023 Planning Commission meeting. MOTION PASSED: 5-0 PUBLIC HEARING: 2. CONDITIONAL USE PERMIT 2022-0017 & DESIGN REVIEW 2023-0011 Adopted APPLICANT: PROPERTY OWNER: Reso. No. Jessica Steiner Bonaparte Liu, Managing Member 4482, as Bickel Group Architecture Tenants in Common: Red Hill Village provided. 3600 Birch Street, #120 JBW Partners, LLC; Bodhi Metta, LLC Newport Beach, CA 92660 4340 Von Karman Avenue., Suite 390 Newport Beach, CA 92660 Minutes— Planning Commission Meeting--January 23, 2024— Page 1 LOCATION: 14601 Red Hill Avenue ENVIRONMENTAL STATUS: r 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 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. Mello For the record, Commissioner Mello recused himself, due to the proximity of his residence to the project. Ms Jessica Jessica Steiner, applicant, introduced herself to the Commission. Steiner Maldonado Presentation given. Higuchi Higuchi had general questions on the following: noticing of the project;feedback from the community; if any variances related to the Specific Plan guidelines; he questioned the date differences (2022 for the CUP and 2023 for the Design Review); process determining architectural style. Maldonado Maldonado stated that the project was properly noticed and there was no feedback from the community. There are no variances related to the Specific Plan guidelines. Per the date differences, the project was initially submitted incomplete therefore the full submitted came in 2023, hence the Design Review occurring in 2023. Per the question regarding the architectural style, Maldonado stated it was a huge collaboration between City staff and the applicant. Kozak Kozak made favorable comments towards the applicant and City staff. Mason Mason inquired on the drive-thru operating hours and whether or not McDonald's drive-thru hours are the same as the former Burger King drive-thru operating hours, due to the project proximity to surrounding the residential area. Minutes— Planning Commission Meeting—January 23, 2024— Page 2 Maldonado Maldonado did not have Burger King's drive-thru operating hours on hand; therefore, he could not respond to Mason's question. Wiltkom In response to Mason's question, Willkom stated there are no regulations with the limitation on the drive-thru hours, but there is a limit to the outdoor dining hours of operation. For the outdoor dining, if the business abuts or is adjacent to residential, the operating hours are limited to 10:00 p.m. Forthe drive-thru,the hours of operation would be dependent upon the operator. Douthit Douthit asked if the parcel is owned by the shopping center or if it is individually parceled. He also mentioned the bike racks and there being no bike lanes on Red Hill Avenue. Maldonado Per Maldonado, the parcel has tenants in common (a number of owners) with a managing member. The parcel is under a separate tease agreement. The bike racks came from the Specific Plan and is a requirement 7-21 p.m. Opened the Public Hearing, Hurtado Hurtado confirmed no public input received. 7-21 p.m. Closed the Public Hearing. Ms.Jessica In response to Douthit's comment on the bike racks, Ms. Steiner referred to the current Steiner California Green Building Code and the requirement of bike racks. Douthit Douthit asked the applicant about enforcement within the outdoor dining area with regards to loitering. He encouraged the applicantto consider placing a perimeter fence in order to avoid any possible Loitering issues. In support of the project. Troy Troy Stevenson, on behalf of McDonald's, responded as follows: kudos to the City— Stevenson collaborative approach with staff; there will be a manager on duty at all times; the manager will be required to ask guests to leave the outdoor dining area at closing time. Higuchi Higuchi's final comments generally included: in favor of the project; concern with non- compliance with the TLSP, architectural design guidelines too broad. Mason Mason made favorable comments regarding the project. Kozak Kozak also made favorable comments regarding the project. Motion.- It was moved by Higuchi, seconded by Douthit, to adopt Resolution No. 4482, as provided. MOTION PASSED: 4-0-1. Mello abstained from the vote. 7.28p.m. Public Hearing re-opened due to a late request from Ms.Tina BLenz, resident of Tustin. Minutes— Planning Commission Meeting --January 23, 2024— Page 3 3. CODE AMENDMENT(CA) 2024-0001 (ORDINANCE NO. 1540)—CANNABIS BUSINESSES AND ACTIVITY r�l Adopted Proposed CA 2024-0001 would update the TCC to ensure that it is not Reso. No. inconsistent with the Medicinal Cannabis Patients' Right of Access Act, that 4481, as became effective on January 1, 2024. amended. ENVIRONMENTAL ANALYSIS; The proposed CA 2024-0001 is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regutations, 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: Thatthe 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. Daudt Presentation given. Daudt informed the Commission of minor amendments made to Resolution No. 4481,which were already provided at the dais. Mason Mason asked Daudt why we are not recognizing the use of recreational and medicinal within the ordinance. Daudt In response to Mason's previous question, Daudt stated the State legislation only refers to delivery of medicinal cannabis. Mello Mello asked about enforcement of the item. Daudt Per Daudt, the State of California is the enforcement (i.e. monitoring businesses, adhering to rules). Douthit Douthit asked if the State is aware of what Tustin allows/does not allow. He was not in favor of cannabis in the City and he did not want anyone to misinterpret his vote. Willkom In response to Douthit's question, Willkom stated that the State is aware of what Tustin allows/does not allow. The State typically emails the City's liaison to ensure the City of Tustin is following code. Daudt Per Daudt,the State's regulations keep businesses compliant with State regulations. Minutes— Planning Commission Meeting —January 23, 2024—Page 4 Higuchi Higuchi asked if the Tustin Police Department (TPD) has ever apprehended anyone delivering marijuana in the City. He also referred SB 1186 and asked what the consequence would be if the City kept current code "as is". Willkom Willko m was unaware if TPD had ever apprehended anyone from delivering marijuana in the City. That information would need to be obtained from TPD. Daudt In response to Higuchi's question regarding SB 1186, he cited a section from SB 1186 to the Commission. Mason Mason shared her view on cannabis delivery and she was in support of the item. Mello Mello was in favor of the item and he made favorable comments towards staff's efforts. Kozak Kozak voiced his concern with the.current cannabis abuse in California. f-lurtadd Hurtado confirmed no public input received. Motibly It was moved by Mason, seconded by Mello, to adopt Resolution No. 4481, as amended. MOTION PASSED: 4-1: Ayes Douthit, Kozak, Mason, Mello. Noes Higuchi. REGULAR BUSINESS: 4. OLD TOWN TUSTIN HISTORIC VIRTUAL WALKING TOUR Received& The Community Development Department is pleased to present a new filed 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. DiL.eva Presentation given. Mr. Brian Sjoberg,Tustin Preservation Conservancy, was in attendance and spoke on his partnership with City staff regarding the walking tour. Mason Mason commended DiLeva on her efforts with this project. She recommended the integration of the walking tour app along with the Engage Tustin mobile app and the potential partnership with the Chamber of Commerce. Minutes-- Planning Commission Meeting --January 23, 2024— Page 5 0gudhiasked DiLeva if the virtual walking tour was developed in-house or b« athird party, He recommended QiLeva incorporate pictures of Hudl Hovvser, im the virtual walking tour, visiting Tustin. �- /7ILeva DiLeva stated the virtual walking tour was done, via the GIS story map and designed by the Clty's Administrative Intern, Aaron VaL&e. 1<izak Kozak received and filed the report. STAFF CONCERNS: N,il/6o/n VVii[konn gave kudos to staff with the creation of the virtual walking tou[. She also reminded the Commission of the Planning Directors Association — O.C. Forum on FebruaryZ. 2024. None. COMMISSION COWCERN& 8�0p�nt ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, February 13. 2024 ' Chairperson ilI�A �T T�N L. WILLKOM ommission Secretary P L a t i,n.;g Tc: K8imuteo— Planning Commission Meeting —Januery 23. 2024 — Page 6