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HomeMy WebLinkAboutPC Minutes 12-11-95MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 11, 1995 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Kasalek, Lunn, Mitzman, Bone and Vandaveer PUBLIC CONCEP~NS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. Doctor Bob Wintheiser, 14152 Howland Way, spoke concerning flights over John Wayne Airport reporting to the Commission that his group is attempting to get the slope pattern over Tustin changed. His home is located right under the landing pattern and he has observed that the decibels and number of landings has been increasing and the noise is unbearable. He was interested in getting the solid backing of the City in his talks with the FAA in order to require air traffic to make a higher approach over Tustin. Commissioner Kasalek Thanked Dr. Wintheiser for his input. Staff responded that on three occasions the City has contacted John Wayne Airport on Dr. Wintheisers' behalf and have forwarded his correspondence to the FAA. It was brought to the attention of the Commission that there is a policy in the General Plan which notes that the City has safety and noise concerns about airport commercialization of E1 Toro and that Kathy Weil, a former Planning Commissioner, had served on the CRAS committee which opposed E1 Toro commercialization, for a number of years. Commissioner Lunn stated that she has noticed that after 9:00 p.m. air traffic gets lower and sounds louder. She stated that if there was an opportunity to converse with the FAA she would want to have her concerns voiced. CONSENT CALENDAR: (ALLMATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPAP~ATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING Planning Commission Minutes December 11, 1995 Page 2 ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the November 27, 1995 Planninq Commission Meetinq. Commissioner Bone moved, Vandaveer seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE PUBLIC HEARING. 2. Appeal Of Denial Of Conditional Use Permit 95-022 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: GOODWILL INDUSTRIES OF ORANGE COUNTY 410 NORTH FAIRVIEW SANTA ANA, CALIFORNIA 92703 ALDERSGATE UNITED METHODIST CHURCH 1201 IRVINE BOULEVARD TUSTIN, CA 92680 1201 IRVINE BOULEVARD PUBLIC AND INSTITUTIONAL (P & I) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO ESTABLISH AN ATTENDED DONATION TRAILER WITHIN THE PARKING LOT OF AN EXISTING CHURCH COMPLEX. Recommendation - It is recommended that the Planning Commission uphold the Zoning Administrator's action and deny the appeal by adopting Resolution No. 3411, as submitted or revised. Presentation: Gregory Gubman, Assistant Planner The Public Hearing opened at 7:09 Shapley Kimes, an attorney and member of Aldersgate United Methodist Church, stated they were surprised concerning Sergeant Perry's report. He feels that the best solution would be to allow the church to meet with the neighbors and investigate some of the things that have been stated. He feels that if given the opportunity, the church can show a different scenario and that only a few of the neighbors are against the activity and are exaggerating the problems. He believes the benefit of having the trailer at their location is that it is a constant reminder for their parishioners to give to Goodwill and it is convenient. He requested the item be continued. Staff stated that there had been no previous request from the applicant concerning a continuance. Planning Commission Minutes December 11, 1995 Page 3 Shaple¥ Kimes - stated he was not aware of the petition submitted by the neighbors and Sergeant Perry's letter before this evening and because of that have not worked to find other locations for the Goodwill trailer. He also wants to bring the truth to the Commission and needs time to review the reported problems. Michael Mullen, 1200 Wass Street, stated that he is a cousin of Linna Fuss who lives near the trailer site and has multiple sclerosis. He noted that he has listened to Mr. Kimes and feels the statements he has made are in the self interest of the church; that the decision to place a trailer in that location was not discussed with the neighbors and was done secretly and illegally making the neighbors live with the situation from June until Thanksgiving when it was finally removed. He stated that the church has a history of putting things up without the benefit of permit. He stated he had made numerous calls to the church and they have refused to address the issue with him, in fact he was routinely dismissed and in the past 15 years he has not been able to get past the secretary to speak to the pastor. He stated that Goodwill does have tractor trailers and he produced photographs. He stated that these tractor trailers come onto the property at 10:00 p.m. and later and vibrate the ground disturbing the sleep of those in the neighborhood. When the neighbors cried out in pain the church did not acknowledge them. He feels that the church is not just remiss but that this is a deliberate act of malice. Lois Bobak, Deputy City Attorney, asked if Mr. Mullen would leave the photographs for the record. Commissioner Bone - asked if the photographs were taken on the church property. Michael Mullen stated no these were only to verify the fact that Goodwill does use tractor trailers. Commissioner Vandaveer - asked if these photographs were of the parking lot in question and the location of the bin that was used. Michael Mullen affirmed. Connie Moseley, 12888 Elizabeth Way stated she lives adjacent to Aldersgate church. She reported that a number of years ago St. Pauls Episcopal church, across the street from Aldersgate, had a Salvation Army bin which was constantly broken into and was eventually eliminated because of this problem. She does not feel the neighborhood needs the problems repeated. She confirmed that there was a tractor trailer truck on the location at 10:00 p.m. that did rattle windows and doors so bad that a TV could not be heard above it. Michael Mullen wanted to clarify his statements of the closing minutes of the previously held Zoning Administrator meeting, stating that the implication of the statement made by the Goodwill representative, Jean Rios, was that he had given misinformation to the Zoning Administrator regarding the tractor trailers existence and the vibration. He stated that this had now been corroborated. He stated that the Homeowners have everything to lose because they can't get away from the situation while the church and Goodwill representatives can go home at night and do not have to deal with the problems left behind. He feels that the peace, well being, privacy, dignity and rights have been compromised by the church. Commissioner Bone - stated that the evidence was overwhelming and did not wish to continue the item. He noted also that he had spoken to Pat Simon, of the North Tustin Municipal Advisory Council and that problems had existed at the church site as far back as 12 years ago. Planning Commission Minutes December 11, 1995 Page 4 Commissioner Kasalek - believes the entire issue of whether or not this is the proper place for installation of a bin and problems at the church are separate issues. She stated these problems are of concern to her since the church has some good programs and a massive focus of outreach to the community but seem unaware of what is going on in their own back yard. She feels that even if there had not been complaints from neighbors, she would not be in favor of the location of the trailer so close to a residential neighborhood. Commissioner Lunn - agrees that the two issues are separate and that the church should be a little more considerate of the neighbors. She will uphold the denial. Commissioner Mitzman - called for a vote. Commissioner Vandaveer agreed. Shapley Kimes, thinks this may be a rush to conclusion because of the emotional testimony from the neighbors but agrees with Commissioners Bone and Kasalek. He would like the opportunity to address each specific concern with the neighbors. He stated that there is such a Goodwill trailer near his home which he drives by every day and he has not seen nor heard of any vandalism, graffiti, or gangs and that it appears extremely clean. He asked the Commission to continue the item. Myron Zucker, 12931 Charloma Drive, recalled that after the church sold the property to the Fire Department they came before the Commission and said it would be a quiet location and it has been anything but. He stated the Fire Department was a bad neighbor and still is not that good. He noted that Mr. Kimes suggestion to locate the trailer behind the Fire Department would place it right behind his property. He feels it would be a big mistake to delay voting tonight. Dorothy Zucker, 12931 Charloma Drive, stated that the original zoning of Aldersgate and St. Pauls churches and the Sycamore School allowed them to act as a buffer between residential and commercial used but bringing Goodwill in is adding a commercial use and since Aldersgate has enlarged the day care facility she feels that this is basically another commercial venture. Michael Mullen responded to Mr. Kimes by stating that the petition was the uncompromising resolve of the neighborhood on the situation. He requested that the Commission consider the difference in interests between the home owners and the church's commercial venture that can be walked away from at the end of the day. Alan Waterson, 3772 Provincetown, Irvine, Senior Pastor of Aldersgate church stated that he was dismayed at all he has heard. He stated that there were two sides to every story but that the church did not desire to bring hurt or pain to any of the neighbors. Since he had met with 7 of the neighbors and received good input from them he was under the assumption that things could be worked out. He requested that the application be withdrawn and encouraged the neighbors to come and talk with him when problems arise, as he would like the church to be a good neighbor. Jean ~ios , Orange County Goodwill representative, agrees with pastor Waterson about withdrawing the application and requested it be done. Planning Commission Minutes December 11, 1995 Page 5 The Public Hearing closed at 7:55 p.m. 3. Conditional Use Permit 95-025 APPLICANT: OWNER: LOCATION: OASIS BBQ 2512 WALNUT AVENUE, SUITE 5 TUSTIN, CA 92680 CHUO CHENG CHEN 19619 IBEX COURT CERRITOS, CA 90701 2512 WALNUT AVENUE, SUITE 5 ZONING: ENVIRONMENTAL STATUS: REQUEST: PLANNED COMMUNITY-COMMERCIAL (PC-COMM) IRVINE INDUSTRIAL COMPLEX THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE "41") FOR ON-SITE CONSUMPTION AT 2512 WALNUT AVENUE, SUITE 5. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 95-025, requesting authorization for the sale of beer and wine (ABC License Type "41") for on-site consumption by adopting Resolution No. 3410, as submitted or revised. Presentation: Gregory Gubman, Assistant Planner Commissioner Bone - inquired if the two restaurants at the location were both owned by the applicant. He stated he did not find an Oasis BBQ by name and that there were two separate restaurants listed on a flyer. Staff was not aware of the ownership of two restaurants at that location. The Public Hearing opened at 8:00 p.m. Chuo Cheng Chem, representing Oasis BBQ stated that the corporate name is the same; that the flyer Commissioner Bone saw was meant to advertise the two restaurants in the building. He stated that he only owns one restaurant. The Public Hearing closed at 8:01 p.m. Commissioner Vandaveer moved, Lunnseconded, to approve Conditional Use Permit 95-025 by adopting Resolution No. 3410 as submitted. Motion carried 5-0. 4. Variance 95-012 APPLICANT: OWNER/ CONTACT: LOCATION: ZONING: ENVIRONMENTAL SILICON SYSTEMS 14351 MYFORD ROAD TUSTIN, CA. 92680 ATT: JAMES BROWN CATELLUS 1065 NORTH PACIFIC CENTER DRIVE, SUITE 200 ANAHEIM, CA. 92806 ATT: JOHN FUCCI 14352 FRANKLIN AVENUE, SUITE B PLANNED COMMUNITY INDUSTRIAL (PC-IND) Planning Commission Minutes December 11, 1995 Page 6 STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO SECTION 15305 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO ENCROACH 10 FEET INTO THE REQUIRED SIDE YARD SETBACK FOR THE CONSTRUCTION OF A CANOPY STRUCTURE Recommendation - It is recommended that the Planning Commission approve Variance 95-012 by adopting Resolution No. 3406, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioners Kasalek and Mitzman abstained due to conflict of interest. Commissioner Bone - inquired if the four Silicon System buildings shared the parking lot? Staff stated that over the years the properties have been connected through the parking lot and it has been improved to accommodate them and at present there is an overage of parking spaces. The Public Hearing opened at 8:06 p.m. The Public Hearing closed at 8:06 p.m. Commissioner Lunn moved, Vandaveer seconded, to approve Variance 95-012 by adopting Resolution No. 3406 as submitted. Motion carried 3-0. Commissioners Kasalek and Mitzman abstained. REGULAR BUSINESS: 5. Status Reports Receive and File Presentation: Daniel Fox, Senior Planner Commissioner Bone moved, Vandaveer seconded, this report. Motion carried 5-0. STAFF CONCERNS: to receive and file Report on Actions taken at the December 4, 1995 City Council Meetinq. Lois Bobak, Deputy City Attorney, reported that she would not be in town for the meeting on January 8, 1996 and that Lois Jeffrey would be attending instead. Rita Westfield, Assistant Director, Community Development Department, introduced new Associate Planner, Elaine Lister, of the Current Planning Division. COMMISSION CONCERNS: Commissioner Vandaveer - Wished everyone a Merry Christmas. Planning Commission Minutes December 11, 1995 Page 7 Commissioner Bone Commissioner Lunn - Commissioner Mitzman Commissioner Kasalek - ADJOURNMENT: stated that Tustin Pride had given out over 70 holiday decorating and lighting awards and also wished everyone a happy holiday. Wished happy holidays to everyone. None Wished everyone happy holidays. Commissioner Vandaveer moved, Bone seconded, to adjourn the meeting at 8:16 p.m. The next regularly scheduled meeting of the Planning Commission is on January 8, 1996 beginning at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Chairper~0n BARBARA REYES Recording Secretary