HomeMy WebLinkAbout01 PC Minutes 5-8-07ITEM #1
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
MAY 8, 2007
7:00 p.m. CALL TO ORDER
Given PLEDGE OF ALLEGIANCE
Sworn in by 1. SEATING OF COMMISSIONERS STEVE KOZAK, AL
Mayor Lou Bone MURRAY, AND JOHN NIELSEN
2. PLANNING COMMISSION REORGANIZATION
Floyd, Chairperson RECOMMENDATION:
Nielsen, Chair Pro
Tem That the Planning Commission follow the procedures
contained in the staff report to elect a Chairperson and
Chairperson Pro Tem.
ROLL CALL
Present: Chair Floyd
Chair Pro Tem Nielsen
Commissioners Kozak, Murray, Puckett
Staff present Elizabeth Binsack, Community Development Director
David Kendig, Deputy City Attorney
Dana Ogdon, Assistant Community Development Director
Scott Reekstin, Senior Planner
Justina Willkom, Senior Planner
Eloise Harris, Recording Secretary
PUBLIC CONCERNS
Jerry Amante, Congratulated the three Commissioners who were sworn and
Mayor Pro Tem welcomed Commissioner Murray to the Planning Commission.
Stated the City Council is anxious to continue to expand the role
of the Planning Commission; this is an exciting time to be
engaged in community development and look at the opportunities
throughout the City; the Planning Commission makes decisions
that affect the lives of Tustin residents; the Council is concerned
when appointing people to the body that the best available
candidates are selected.
Minutes -Planning Commission 5-8-07 -Page 1
Amante continued Mentioned that Councilman Davert also wanted to offer his
congratulations but was unable to attend this meeting due to
family obligations.
Mayor Bone Added that the Council is very proud of the work of the members
of the Planning Commission during the past year; there are big
challenges ahead such as the Urban Land Institute, The Legacy,
Old Town, etc.; the Planning Commission represents the future of
what will be the Council's and the City's direction.
Announced that he is proposing to the Council and to the City that
the Planning Commission meetings be televised beginning the
first meeting in July.
Norbert C. Oesch, Stated that he lives in the Columbus Grove community and asked
16611 Mosscreek that the Commission consider the parking issues and CC&Rs that
Street, Tustin come before the Commission regulating some of the association
decisions that are being made.
There seems to be a misunderstanding in the Columbus Grove
community. There is a meeting scheduled May 23 at 5:00 p.m. in
the Columbus Grove Community Center to address these issues.
It seems that the subdivision has been allocated approximately
600 private on-street parking spaces; the regulations also state
that some spaces need to be designated for guests and
handicapped; it also says that no resident may park in the
remaining 575 parking spaces. Many residents were cited before
the community was able to obtain a suspension. The Association
insists that this is a matter of the CC&Rs and must be abided by.
City staff should take a careful look at this issue and try to attend
the May 23~d meeting in order to perhaps resolve this situation
before it becomes a negative. It is somewhat distressing that the
Association called the meeting for 5:00 p.m. but lack of interest
and concern seem to be part of the problem. The members of
the Association were appointed; only one is a resident in his area
and the others represent the builders.
Floyd Questioned whether Mr. Oesch was stating the homeowners do
not have full control of the homeowners association board.
Mr. Oesch Answered in the affirmative; and, added the residents will not
have that opportunity for two years.
Minutes -Planning Commission 5-8-07 -Page 2
CONSENT CALENDAR
Approved 3. APPROVAL OF MINUTES -APRIL 24, 2007, PLANNING
COMMISSION MEETING.
It was moved by Puckett, seconded by Kozak, to approve the
Consent Calendar. Motion carried 5-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Provided direction 4. ALCOHOLIC BEVERAGES CONTROL WORKSHOP:
to staff
THE CITY HAS RECEIVED REQUESTS TO EXTEND
HOURS OF OPERATIONS LIMITATIONS IMPOSED
UPON ON- AND OFF-SITE ALCOHOLIC BEVERAGES
SALES ESTABLISHMENTS. THE PLANNING
COMMISSION SHOULD REVIEW THE CITY'S PAST
PRACTICES AND VARIOUS OPTIONS GOVERNING THE
OPERATION OF ALCOHOLIC SALES ESTABLISHMENTS.
RECOMMENDATION:
That the Planning Commission consider the subject matter
and provide direction to staff.
Ogdon Presented the staff report.
Kozak Asked if the property right referred to in the staff report refers to a
property right through the conditional use permit.
Ogdon Answered in the affirmative; conditional use permits may be viewed
as an entitlement that can be transferred with the property; if a
restaurant owner wants to sell the business, he may advertise the
property as having a certain type of alcoholic beverage license that
creates the expectation that when the business is transferred it may
be operated in a like fashion.
Director Added that there is not a significant urgency or specific application
pending; this is a broader issue; requests typically hinge on the
hours of operation, expansion of anon-conforming use, expanding
the floor area, etc.; the focus noted are establishments that serve
alcohol that is consumed on-site; however, there are also concerns
regarding convenience stores; problems have occurred in the
southwest area; the City established rather rigid restrictions and
guidelines because of the negative secondary effects such as
Minutes -Planning Commission 5-8-07 -Page 3
people consuming alcohol and things happening in the parking lots,
underage serving, underage drinking, drug, sales, etc.; the City has
restricted telephone booths outside; there could be significant crime
problems; it is important that staff be able to respond when an
applicant comes in who wants to have the same conditions as
others; there have been cases where particular hours of operation
were requested by an applicant and staff included the request in the
application; other applications have requested dance facilities with
alcohol sales and very little food served; it would be difficult to write
a standard set of rules to accommodate all scenarios.
Floyd Stated he thought there was a regulation in California that
prohibited the sale of alcohol past 2:00 a.m.
Director Indicated the ABC will regulate that no matter what the City does.
Floyd Asked about the 1:30 a.m. restriction on The Legacy, rather than
2:00 a.m.
Director Stated the regulations were included in the MCAS Specific Plan
Amendment.
Murray Noted that he is familiar with this sort of restriction as a result of
overseeing operations at the Irvine Spectrum Center; the 1:30 a.m.
restriction was imposed to discourage people from drinking heavily
during that last half hour and being more highly intoxicated for their
drive home; ABC does not always mandate the restriction.
Nielsen Asked if the people coming forward are current licensees who want
changes.
Director Answered in the affirmative.
Nielsen Asked if staff knows the number of licensees per capita in Tustin
versus other cities in the County; and, questioned whether Tustin
would be high or low regarding licensees.
Director Stated it was her understanding that Tustin is over concentrated
pursuant to the ABC regulations.
Nielsen Asked if staff has received direct input from other licensees who
may not be wishing to make any sort of changes in the hours of
operation.
Director Asked if Commissioner Nielsen's question referred to outreach to
individuals.
Minutes -Planning Commission 5-8-07 -Page 4
Nielsen Answered in the affirmative.
Director Responded in the negative but indicated that staff would be willing
to do that.
Murray Asked if the locations in question had prompted extensive calls for
service regarding public safety.
Director Indicated that one location had a significant number of calls for
service involving Code Enforcement, the Police Department, and
the City Attorney; that location went out of business; another
request was for the extension of hours; the Director was not aware
whether or not that location had any calls for service; there have
been calls for service related to the center.
Floyd Asked if staff was looking for a standardization of all hours of on-
site and off-site sales to make it easier for applicants, City staff, etc.
Nielsen Stated his opinion that standardization throughout would do some
good and eliminate some of the issues that exist.
Puckett Noted that he agreed with standardization; and, asked how many
units have been grandfathered.
Ogdon Indicated he did not have that information.
Floyd Suggested those that were grandfathered would also have a variety
of hours of operation.
Puckett Stated his understanding that standardization would require them to
follow suit.
Floyd Noted he did feel any of the grandfathered sites were under the
1:30 a.m. restriction.
Kendig Agreed that the grandfathered locations would have no restrictions
on their hours.
Kozak Asked if the MCAS Specific Plan standard for on-site
establishments were imposed as the standard, would alternative
hours prior to 1:30 a.m. be considered.
Nielsen Questioned whether Commissioner Kozak was suggesting
segmenting standardization per license type.
Minutes -Planning Commission 5-8-07 -Page 5
Kozak Answered in the affirmative; there are differences in terms of
distances i.e. a 1:30 a.m. closing standard would allow for the
applicant who wished to close at 12:00 a.m.
Floyd Suggested that would be a part of the application process.
Kozak Asked what sort of issues such a request might trigger.
Ogdon Indicated that the examples provided were applicant choice; the
problems occur when the ownership changes and request are
made to change the hours of operation.
Kozak Suggested that if the 1:30 a.m. standard were to be recommended
and adopted, no business would be allowed to exceed the 1:30
time but could close earlier.
Floyd Noted, for example, that if Kogami were sold, the new ownership
could choose to serve alcohol until 1:30 a.m.
Kozak Stated that he understood that; he was trying to determine whether
or not that would continue all or some of the enforcement
discrepancies in terms of hours of operation.
Director Indicated that lounges or bars are not approved; establishments
need to be bona fide eating establishments.
Nielsen Asked if the Code would trump existing conditional use permits that
have been previously issued and grandfathered.
Kendig Answered that the Code would not trump existing approved
conditional use permits until the use was abandoned.
Floyd Suggested that the Commission's consensus seemed to be to
standardize the hours and use the MCAS as a guideline; however,
staff must be careful not to open areas of Tustin that are
accustomed to 11:00 p.m. closing to extend the hours and cause
problems for the residents.
Nielsen Stated that the Commission does not have a complete record of on-
site establishments that close at 11:00 p.m. versus midnight; and,
suggested that the Commission look at standardization but at least
get an idea of hours of operation throughout the City to avoid
making the situation worse instead of better.
Kozak Agreed with Commissioner Nielsen, also noting the recordation of
service call information referred to by the Director regarding
whether a call from a center concerned an ABC establishment
Minutes -Planning Commission 5-8-07 -Page 6
would be useful for the Planning Commission to have, thereby
assisting the Commissioners' understanding, geographically, the
areas of concern; in terms of standardization, the appeal or petition
for a change through the Community Development Director should
involve standards to assist the applicant in understanding how
many service calls might have occurred under the current
operation.
Murray Indicated that the Commission needs to be thoughtful and
considerate about balancing economics with quality of life;
geographic locations may be a major factor in some areas and not
in others; input from public safety would be useful.
Nielsen Reiterated that the Commission needs more information regarding
hours of operation on-and off-site across the City.
Floyd Agreed that the direction to staff should be a standardization of the
hours.
Director Stated an appreciation for the use of standardization language;
stated that if a business were to come in and ask for hours of
operation from 10:00 a.m. to 10:00 p.m., staff would probably
provide an approval; if the business were to be sold and the new
owner came back with a request to be open until 2:00 a.m., staff
would like to have the ability to consider the request and perhaps
allow that time frame.
Nielsen Asked if it would be possible to include "not to exceed" a certain
time.
Director Indicated that might be a possibility.
Kozak Added that the Specific Plan regulates the distance requirements
which should be discussed by the Commissioners.
Nielsen Stated that the distances are different for all sorts of different uses
and municipalities with no way to know the number of on- versus
off-site establishments or whether or not there is currently a
distance problem.
Ogdon Asked if Commissioner Nielsen was referring to the fact that there
are smaller distance requirements for The Legacy than the
standard Code.
Nielsen Answered in the affirmative.
Minutes -Planning Commission 5-8-07 -Page 7
Ogdon Stated that most of The Legacy will be an urban center with mixed
uses close to residential uses; some of those distances were
determined based on that kind of density.
Floyd Suggested that the same issue will exist with the development of
Prospect Village where there will be twelve units close to a bar on
Main Street.
Director Indicated that the process does not work in reverse; there have
been other issues such as gas station with a convenience store that
is separated by an arterial plus a flood control channel plus blocks
walls with residences on the other side; that is plenty of separation
but is still within the distancing requirements and no alcohol may be
sold, putting the business owner at a disadvantage.
Kozak Asked how effective a distance requirement standard would be in
helping to control and enforce a density concentration.
Director Indicated that the City's purpose in establishing distancing
requirements is protecting the quality of life not only over
concentration; ABC will not issue a license that violates their over
concentration requirement; there have been occasions when the
ABC has indicated an intention not to issue a permit and staff has
said that it is warranted; the ABC requires a letter that states this
meets a public necessity for the area.
Floyd Suggested that ABC may say that but there are instances, for
example in the San Fernando Valley, where there seem to be two
liquor establishments controlled by ABC in one block.
Director Stated that could be a situation that is non-confirming due to being
established before the laws were established or could be based on
the population.
Ogdon Reminded the Commissioners that the Santa Ana example
provided in the staff report had distance requirements because they
perceived a problem; Tustin could implement something similar.
Floyd Asked if staff had enough direction to proceed.
Director Answered in the affirmative.
Provided direction 5. HISTORIC AND CULTURAL RESOURCES WORK
to staff PROGRAM:
AS A FOLLOW-UP TO THE APRIL 24, 2007, PLANNING
COMMISSION MEETING, THIS REPORT PROVIDES
ADDITIONAL INFORMATION REGARDING THE DUTIES
Minutes -Planning Commission 5-8-07 -Page 8
AND RESPONSIBILITIES THAT WERE IN THE HISTORIC
RESOURCE COMMITTEE'S WORK PROGRAM.
RECOMMENDATION:
That the Planning Commission received this report, provide
direction to staff, and agendize the consideration of an
historic and cultural resources work program for a future
meeting.
Reekstin Presented the staff report.
Floyd Suggested that it would be more convenient for the Planning
Commission to consider these items during the regularly scheduled
meetings rather than in a workshop forum prior to the meetings.
Nielsen Reiterated that the Planning Commission should solicit information
from other historical organizations, such as the Tustin
Conservancy, for recommendations; he would prefer that these
items be a part of the regular agenda.
Puckett Indicated that it should be established that these items be
agendized for the first meeting of the month and at the first part of
the meeting so that interested residents would not have to sit
through a large portion of the agenda to reach the historical and
cultural items.
Kozak Agreed with putting these items at a time certain each month.
Floyd Asked if the commendation program had been a quarterly item for
the Historic Resource Committee (HRC).
Reekstin Answered in the affirmative.
Floyd Reiterated that it would be important to include other agencies to
bring forward nominations and recommendations to the staff and to
schedule the items on a quarterly basis as a part of the regular
meeting.
Reekstin
Floyd
Stated that the HRC made the approval, but any person or
organization may nominate a property for a plaque.
Asked what the normal time frame has been for the plaque
program.
Reekstin Answered there has been no set time frame.
Minutes -Planning Commission 5-8-07 -Page 9
Director Added that the City would pay for one plaque per quarter under the
commendation program; however, the plaque program is funded by
the property owner; the Planning Commission would authorize the
plaque.
Floyd Confirmed that the Mills Act is an ongoing informational item and
that the City Council approves those contracts.
Nielsen Asked if a property under the Mills Act is sold the new buyer would
be obligated under those terms.
Reekstin Answered in the affirmative.
Floyd Stated that he liked the idea of keeping the Commission informed
of the exterior building permits in order not to delay anything and to
keep those as a part of the Consent Calendar.
Puckett Indicated that four of the Commissioners went to Hollywood for
preservation training; one of the subjects was the California Historic
Resources Inventory Database (CHRID); asked if that would be
similar to what the City has in the Historic Resource Survey.
Reekstin Answered that CHRID provides similar types of information but is
more technology based.
Puckett Asked if that might be something the Commission should
investigate.
Reekstin Suggested that if the City's Survey were to be updated, staff might
want to look into that and try to be as state of the art as possible.
Nielsen Asked what staff is using now to archive this information.
Reekstin Responded that the information is primarily a hard copy; there is
some information on disc, but it is not accessed that way.
Floyd Stated that it was surprising to him that only three cities are
presently using CHRID; and, added that he provided the
information to the Community Development Director.
Nielsen Added that he noticed the Office of Historic Preservation provided
uplinks to exchange data.
Floyd Stated it was interesting to see all the different groups of people
involved in the workshop.
Minutes -Planning Commission 5-8-07 -Page 10
Kozak Asked if staff might be developing information regarding Items 1-5
and intending to bring those items back one item at a time as staff
did tonight for Items 6-9.
Reekstin Indicated in the affirmative.
Kozak Noted that he did some research on the Office of Historic
Preservation website and, in particular, the Certified Local
Government (CLG) program; there is not a lot of information and
what is there is generalized; asked that staff provide more in-depth
information regarding the CLG to help the Commission develop a
common understanding of what that might mean to historical
preservation in Tustin.
Nielsen Asked if the City had ever requested a CLG grant.
Reekstin Responded that grants have not been requested in the last few
years but grants were received on several occasions in the past.
Floyd Indicated that last year only five were granted for eight applicants; it
sounded as though cities do not even bother with grant-writing, so it
would be interesting to have an idea what the process might garner
for the City.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE APRIL 3, 2007,
CITY COUNCIL MEETING.
Director Congratulated Commissioners Kozak and Nielsen on their
reappointments to the Planning Commission; and, welcomed
Commissioner Murray.
Reported the City Council continued the Development Agreement
to the June 5, 2007, meeting; the Specific Plan Amendment related
to parking was also continued to the May 15, 2007, meeting.
Stated the Council adopted the In-Building Public Safety Radio
System Coverage ordinance; the Building Division staff met with
the City of Irvine, which has already instituted their ordinance, to
hear how the system is working in Irvine.
Noted that staff, possibly at the next Planning Commission meeting,
anticipates reporting on the upcoming Housing Element update
process and the Regional Housing Needs Assessment numbers;
these items are related because those numbers feed the Housing
Element.
Minutes -Planning Commission 5-8-07 -Page 11
COMMISSION CONCERNS
Murray Stated he is looking forward to working with staff and the other
Commissioners, to learning the process, and to providing as much
assistance as possible.
Thanked the Council for his appointment.
Puckett Suggested that the Commission should recognize Jim Lee for his
service; he should be contacted to find out if he would like to
receive a plaque at a meeting or in private.
Kozak Congratulated Chair Floyd on his reappointment as Chairperson
and also for his appointment to the Police Chiefs Advisory
Committee.
Welcomed Commissioner Murray and congratulated Commissioner
Nielsen on his selection as Chair Pro Tem.
Congratulated Commissioner Nielsen on his appointment to the
Police Chiefs Advisory Committee.
Thanked staff for providing the opportunity to attend the California
Preservation Foundation OHP workshop on May 3, 2007; he looks
forward to future opportunities for similar training.
Indicated he has been noticing a proliferation of plastic corrugated
super caffeine charged beverage signs at gas stations and at the
car wash at Main Street and Newport; he is curious as to whether
these locations came to the City for approvals; he is not sure how
massive the problem could become; these are at eye level at gas
station aisles and other convenience stores and should be
investigated.
Stated that at Elizabeth on the north side of Irvine, there is a small
strip mall; the landscaping in the public right-of-way is filled with
weeds and debris; Code Enforcement should ask the property
owner to beautify that area.
Nielsen Offered his congratulations to Commissioner Murray and to
Commissioners Kozak and Puckett.
Indicated that he attended the Tustin Conservancy's First Annual
Awards Dinner at Quinn's; there were approximately 65 people in
attendance; and, offered his congratulations to all the nominees
and winners.
Minutes -Planning Commission 5-8-07 -Page 12
Nielsen continued Noted he also attended the Preservation workshop on May 3~d and
found it enlightening and educational.
Reminded everyone the Tustin Chili Cook-Off takes place June 3`d
Thanked staff for their presentations.
Murray Indicated that he would be very interested in attending any future
training that exists for Planning Commissioners.
Floyd Congratulated Linda Jennings (who was in attendance in the
Chamber) for the wonderful Conservancy dinner; there were judges
from all over Orange County judging the homes and businesses; it
was a proud moment for Tustin and historic preservation.
Stated he felt the training at the OHP workshop was useful and that
he would like to attend any similar training that becomes available
in the future.
Offered his congratulations to the new Commissioner and the two
Commissioners who were reappointed.
Thanked his fellow Commissioners for reappointing him as Chair.
Thanked staff for their presentations.
8:32 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission will be held
Tuesday, May 22, 2007, at 7:00 p.m. in the City Council Chamber
at 300 Centennial Way.
Minutes -Planning Commission 5-8-07 -Page 13