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HomeMy WebLinkAbout01 DRAFT PC MINUTES 12-10-24 Minutes – Planning Commission Meeting – December 10, 2024 – Page 1 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING DECEMBER 10, 2024 7:02 p.m. CALL TO ORDER: Given. PLEDGE OF ALLEGIANCE: Commissioner Kozak All present. ROLL CALL: Chair Higuchi Chair Pro Tem Douthit Commissioners Kozak, Mason, Mello (Mason arrived at 7:16 p.m.) None. PUBLIC INPUT: CONSENT CALENDAR: None. Hurtado confirmed no public input was received for the Consent Calendar. 1. APPROVAL OF MEETING MINUTES – NOVEMBER 12, 2024 RECOMMENDATION: That the Planning Commission approve the Minutes of the November 12, 2024 Planning Commission meeting, as provided. Motion: It was moved by Mello, seconded by Kozak, to approve the Minutes of the November 12, 2024 Planning Commission meeting. Motion carried 4-0-1. Mason was not present. PUBLIC HEARING: Adopted Reso. No. 4511, as provided. 2. DEVELOPMENT AGREEMENT 2024-0007: FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 2020-0001. PROPERTY OWNER/ Tustin Auto Center Merchants APPLICANT: Association ATTN: John Patterson C/O Powerstone Property Management 9060 Irvine Center Drive Irvine, CA 92618 Minutes – Planning Commission Meeting – December 10, 2024 – Page 2 ENVIRONMENTAL: This project Is Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. REQUEST: A request to amend the terms and sponsorship contribution previously established by Development Agreement 2020-0001 for the Tustin Auto Center freeway adjacent digital display billboard. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4511 recommending the City Council approve Development Agreement (DA) 2024-0007, amending the terms and sponsorship contribution previously established by DA 2020-0001 for the Tustin Auto Center freeway adjacent digital billboard. Craig Presentation given. Mello Mello’s questions generally included: the basis for the 25-thousand-dollar annual sponsorship amount; commended staff for capturing the operational profitability; and he asked if staff negotiated with Tustin Auto Center the possibility of increasing the sponsorship amount due to inflation. Craig In response to Mello’s question, Craig’s response generally included: the 25 thousand dollars was an amount agreed to five years ago between Tustin Auto Center and the City; the idea was that the sponsorship amount would be for major events as part of the City’s Parks & Recreation activities; discussions were had between the City and Tustin Auto Center about increasing the sponsorship amount; the City has experienced inflation and the amount will increase due to sales tax increase; staff tried to approach the matter as a partnership whereas if the applicant is doing well, the City benefits, and if the applicant is not doing well, then the City does not benefit as much; and Tustin Auto Center also sponsors many other agencies as well as a variety of other activities. Higuchi Higuchi inquired on the car sales tax amount for the past five years as well as the percentage that goes to the City. Craig Craig stated that in 2024, there was approximately 7.7 million dollars in car sales tax, which went to the City. The starting point was approximately 5.1 million dollars in car sales tax (approximately a 10 percent increase). Minutes – Planning Commission Meeting – December 10, 2024 – Page 3 Hurtado Hurtado confirmed no public input was received on this item. Commission’s closing comments. The Commission’s closing comments generally included: Kozak was in support of the recommended action; Mello voiced his concern with the downside, in terms of inflation, and the 25K base; he suggested recommending to the City Council that the amount be increased; Douthit was also in support of the recommended action; Higuchi had concerns with the sponsored amounts, stating “we take for granted the amount of tax revenue generated by Tustin Auto Center”, and he would like Mr. Patterson and his associates to increase their donation to the various City of Tustin events. John Patterson The applicant, John Patterson, commented on the following, in general: Tustin Auto Center is grateful for their relationship with the City; the Auto Center’s annual donations include: Dino Dash and OC Rescue Mission; every one of the dealers is committed to the City and public schools; he confirmed that the price of cars has increased, which raises tax revenue, but clarified that the cost of wages have increased significantly; he stated that it might appear that dealer profits are increasing because car prices have increased, but the cost of doing business has also increased significantly, so the profit on each car has remained unchanged; and he is excited to announce that Tustin Kia store will also be opening soon in Tustin. Motion It was moved by Douthit, seconded by Kozak, to adopt Resolution No. 4511, as presented. Motion carried: 4-0-1 with Mason abstaining from the vote. Adopted Reso. No. 4510, as provided. 3. CONDITIONAL USE PERMIT (CUP) 2024-0012 APPLICANT: PROPERTY OWNER: Anthony Lee Steven Short Westcliff University 15101 Red Hill Partners, LLC 17877 Von Karman Avenue 6850 Brockton Avenue, Suite 211 Irvine, CA 92614 Riverside, CA 92508 LOCATION: 15101 Red Hill Avenue ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15301 (Class 1 – existing facilities) of the California Environmental Quality Act. Minutes – Planning Commission Meeting – December 10, 2024 – Page 4 REQUEST: A CUP to authorize the establishment of a professional school (law school) within an existing two-story 50,686 square foot office building. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4510, approving CUP 2024-0012 to authorize the establishment of a professional school (law school) within a two-story 50,686 square foot office building. Salman Presentation given. Higuchi Higuchi disclosed his ex parte communication with the applicant prior to the meeting. Anthony Lee The applicant, Anthony Lee, introduced himself and provided background information regarding Westcliff Law School. Mello Mello was referring to the VMT report and asked the applicant the terms for “qualifying transit”. Eastman Eastman’s response generally included: qualifying transit would be the Metrolink Station or two bus routes that intersect with a 20-minute headway during peak hours (i.e. high frequency bus routes); he explained that “headway” means the time between when buses arrive at a stop along a route; and he clarified that many of the bus routes in the City are east-west and do not intersect, and that Red Hill and Edinger Avenues do not have the volume of stops during peak hours to qualify. Hurtado. Hurtado confirmed no public input was received for this item. Commission The Commission was in support of the proposed project and favorable comments were made to the applicant. Motion: It was moved by Mason, seconded by Kozak, to adopt Resolution No. 4510, as presented. Motion carried 5-0. Adopted Reso. No. 4512, as provided. 4. CONDITIONAL USE PERMIT (CUP) 2024-0016 Minutes – Planning Commission Meeting – December 10, 2024 – Page 5 APPLICANT: PROPERTY OWNER: Yen Nam Gardena Strawberry Center, LLC Fluffy Tail Café, LLC 2973 Harbor Boulevard, Suite 150 13664 Red Hill Avenue Costa Mesa, CA 92626 Tustin, CA 92780 LOCATION: 13562 Newport Avenue ENVIRONMENTAL: This project Is Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) Section 15301 (Class 1). REQUEST: To establish an animal boarding facility in conjunction with a proposed coffee shop located at 13562 Newport Avenue. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4512 approving CUP 2024-0016 to establish an animal boarding facility in conjunction with a proposed coffee shop at 13562 Newport Avenue. Valle Presentation given. A public comment (letter) was received on December 9, 2024, and staff provided a response to that letter prior to the meeting. Douthit Douthit asked the applicant if there is a separate admission fee just to access the cat area. Yen Nam The applicant, Yen Nam, confirmed there is a separate fee to access the cat area only unless a coffee is purchased (with a coffee the admission is included). She also went into greater detail regarding the overall operations. Ms. Nam also stated there are cat café locations in San Diego and Palm Springs. Mason Mason commented on the parking and the concern with separating out the businesses and the available parking. Barragan In response to Mason, Principal Planner Barragan stated, as part of the application, the City did receive the title report for the property, which showed there is reciprocal access for parking and for access to each property (i.e. ample parking for the entire shopping center). Staff looked at the most intensive portion of the use, which would be the coffee shop. In this instance the café (and animal boarding) is replacing another general retail use (tattoo Minutes – Planning Commission Meeting – December 10, 2024 – Page 6 Barragan parlor) with the same parking requirements. Therefore, no additional parking is required. Kozak Kozak asked if there are other similar uses in Tustin. Valle In response to Kozak’s question, Valle stated this would be the only cat café in the City of Tustin and the second ever in Orange County. There was a cat café in Laguna Beach that shut down during COVID pandemic. Mello Mello asked about the number of employees and the ratio of staff to each cat. Yen There will be at least one employee on the boarding side and one on the coffee side of the proposed location. Higuchi Higuchi’s questions generally included: if staff received any input from Orange County Health Care Agency (OCHCA); if the proposed project was purely a coffee shop, what would the process and parking requirements be and if a business license requires a title report to be provided. Valle Valle confirmed staff did reach out to OCHCA and had various conversations with them. OCHCA’s only concern was with the preparation of food and wanted to ensure the food preparation was completely separate from the cat area. If the proposed project was a coffee shop only, there would not have been a public hearing and the project would be approved by right and the applicant would go directly to Business License (the item would not have to go through the Zoning Administrator or Planning Commission process). Parking requirements would have been the same (one space per 250 square feet = 6 stalls). A parking study would have only been required if the use were a more intensive use. In summary, the proposed project does not require additional parking, however staff does look at parking during the planning review process. Public comments: Larry Karlin, representative of Karlin Law firm, commented on the following, in general: parking along Newport Avenue; commended the Commission and the City of Tustin; the report is unclear on the parking and the number of seating inside the proposed project; the reciprocal parking information is not accurate; and favorable comments regarding the project. Mason Mason asked the applicant about the maximum occupancy with the number of people visiting the cats inside the café. Yen Per Ms. Yen, the café would require reservations. The maximum number of cats is 12. Regarding the seating, the project’s concept is for customers to interact with the cats (i.e. standing, sitting on the floor with the cats – this is Minutes – Planning Commission Meeting – December 10, 2024 – Page 7 Yen not a regular coffee shop with seating). The maximum number of people interacting with the cats is 12 for one hour maximum. Hurtado Hurtado confirmed no additional public input was received. Commission Commission’s final comments generally included: commended staff for being thorough in the research of the project; and encouraged the applicant and staff to communicate with the neighboring business to better understand the parking and to have open lines of communication. Motion: It was moved by Mello, seconded by Mason, to adopt Resolution No. 4512, as provided. Motion carried 5-0. REGULAR BUSINESS: Received & filed. 5. HISTORIC PRESERVATION UPDATE – DEVELOPMENT OF GIS- BASED STORYMAP A presentation regarding the new historic preservation tool which visually maps the results of the City’s 2021 Historic Preservation Survey through a GIS-based StoryMap, making the survey results, along with other information, more accessible to the public. This tool is the next step forward in modernizing Tustin’s historic preservation information. Demkowicz Presentation given. Willkom Willkom informed the Commission this is the first of many efforts staff is making to modernize how the public can access information. The next project will include a listing of current projects (i.e. new GIS map). Staff is also working very hard on getting the City’s zoning and general plan maps available on the City’s website using the new GIS technology. Mason Mason gave kudos to the Historic Preservation Team. She asked if other cities are doing this and if the City can get recognized for their best practices (i.e. State, nationwide). Mello Mello made favorable comments. Douthit Douthit made favorable comments about the new GIS mapping. He had questions regarding the 6Z designation for properties. Minutes – Planning Commission Meeting – December 10, 2024 – Page 8 Demkowicz Per Demkowicz, 6Z designation means the property owner is ineligible for local designation. It is still included on the survey in the event renovations are made and the designation changes. Higuchi Higuchi’s comments generally included: commended staff on a job well done; suggested inviting other Commissions to participate on the historic walking tours of Tustin (i.e. Parks & Recreation’s Arts Commission); advocated for Tustin’s military history (i.e. preservation of the control tower); and suggested adding a note to the historic service survey referencing the new streets in Tustin being named after fallen military soldiers. Mello Mello asked if the historic structures (i.e. hangars) in the MCAS area had links included in the survey. Demkowicz Per Demkowicz, currently, there is no link to the historic structures, but staff could definitely think about adding a link to the same historic preservation webpage that contains the survey results. Willkom Willkom added the following, in general: the history of the Hangars in on the Tustin Legacy webpage, has historical information, but it is not linked to Historic Preservation; staff can take a look at getting that information linked to the survey. Douthit Douthit asked if the City wanted to include the hangars in the survey link, if it would be possible. He asked how often the historic surveys are completed. Willkom Willkom confirmed that resources about the hangars could be added to the HP survey webpage. She suggested linking the historic resources to the City’s HP webpage and how often the surveys are done depending upon funding, due to high costs, updates take place as funds allow. Mello Mello referred to Lennar creating movie clips referencing some hangars resources when they were selling units at the Tustin Legacy. Higuchi Higuchi also mentioned having City events archived as well (i.e. past Chili Cook-Off events). He added memorializing the businesses around the MCAS (i.e. Seafood Landing). Motion: Received and filed. Minutes – Planning Commission Meeting – December 10, 2024 – Page 9 OTHER BUSINESS: Willkom Willkom provided the following updates: On December 5, 2024, the Zoning Administrator approved a CUP for an ABC License at Inka Mama’s (Newport Boulevard / El Camino Real); and on November 19, 2024, the City Council approved an ordinance to revise the start time of the regular City Council and Planning Commission meetings from 7pm to 6pm. Happy holidays! PLANNING COMMISSION COMMENTS AND REPORTS: Mason Mason wished staff happy holidays and what a phenomenal year it was! Kudos to Willkom for being a great leader and for her great Team! Kudos to Improv City in Old Town. Mello Mello thanked staff and the investors of the City of Tustin for continued growth within the City. He wished everyone happy holidays. Mello asked about bus stops around Tustin and who is responsible for the maintenance. He referred to the bus stop at First Street and Centennial Way being in need of cleaning. Willkom Public Works may be the manager of the contract with OCTA. She will direct the concern with Public Works staff. Kozak Kozak thanked staff for support of the Commission in 2024 and he is looking forward to 2025. He attended the City of Tustin’s Christmas Tree Lighting on December 6, 2024. Happy holidays and happy New Year! Douthit Douthit stated 2024 was a great year. He appreciated the City’s willingness to work with applicants (i.e. cat café) and encouraged staff to continue asking questions of applicants in 2025. Higuchi Higuchi is thankful for his fellow Commissioners and Staff. Happy holidays? 8:24 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, December 24, 2024.