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HomeMy WebLinkAboutPC Minutes 05-08-07MINUTES 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. It was moved by Puckett to nominate Commissioner Floyd as Chair, seconded by Kozak. Motion carried 5-0. It was moved by Puckett to nominate Commissioner Nielsen as Chair Pro Tem, seconded by Floyd. Motion carried 5-0. 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 Minutes -Planning Commission May 8, 2007 -Page 1 when appointing people to the body that the best available candidates are selected. 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 May 8, 2007 -Page 2 -~~sT~ t 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 people consuming alcohol and things happening in the parking lots, underage serving, underage drinking, drug, sales, etc.; the City has Minutes -Planning Commission May 8, 2007 -Page 3 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. Nielsen Answered in the affirmative. Director Responded in the negative but indicated that staff would be willing to do that. Minutes -Planning Commission May 8, 2007 -Page 4 ~, - 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. 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. Minutes -Planning Commission May 8, 2007 -Page 5 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 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; ~- Minutes -Planning Commission May 8, 2007 -Page 6 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. 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. Minutes -Planning Commission May 8, 2007 -Page 7 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 Provided direction to staff Answered in the affirmative. 5. HISTORIC AND CULTURAL RESOURCES WORK PROGRAM: AS A FOLLOW-UP TO THE APRIL 24, 2007, PLANNING COMMISSION MEETING, THIS REPORT PROVIDES ADDITIONAL INFORMATION REGARDING THE DUTIES 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. Minutes -Planning Commission May 8, 2007 -Page 8 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 Stated that the HRC made the approval, but any person or organization may nominate a property for a plaque. Floyd Asked what the normal time frame has been for the plaque program. Reekstin Answered there has been no set time frame. 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. Minutes -Planning Commission May 8, 2007 -Page 9 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. 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. Minutes -Planning Commission May 8, 2007 -Page 10 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. 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. Minutes -Planning Commission May 8, 2007 -Page 11 Kozak continued Congratulated Commissioner Nielsen on his appointment to the Police Chief's 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. 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. Minutes -Planning Commission May 8, 2007 -Page 12 Floyd continued 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. <~~~~~ ,~ Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission May 8, 2007 -Page 13