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HomeMy WebLinkAboutPC Minutes 06-14-93MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JUNE 14, 1993 CALL TO ORDER: 6:58 p.m., Tustin Senior Center PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Kasalek, Baker, Butler, Stracker and Weil PUBLIC CONCERNS: (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. CONSENT CALENDAR: (ALLMATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING 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 May 24, 1993 Planninq Commission meetinq. Commissioner Weil moved, Butler seconded to approve the Consent Calendar. Motion carried 4-0. (Baker absent at this point.) 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. Conditional Use Permit 93-013 APPLICANT: OWNER: LOCATION: ZONING: MR. SAX ENDO CHEVRON AGENT CHEVRON U.S.A. PRODUCTS INC. P.O. BOX 2267 LA HABRA, CA 90631 CHEVRON U.S.A. PRODUCTS INC. P.O. BOX 2833 LA HA_BRA, CA 90632 14122 NEWPORT AVENUE RETAIL COMMERCIAL DISTRICT (C-l) Planning Commission Minutes June 14, 1993 Page 2 ENVIRONMENTAL STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO AUTHORIZE THE INSTALLATION AND OPERATION OF SELF-CONTAINED MOBILE UNITS TO EXTRACT AND TREAT CONTAMINATED VAPORS FROM THE PROPERTY LOCATED AT 14122 NEWPORT AVENUE FOR 12 TO 36 MONTHS. Recommendation - It is recommended that the Planning Commission: 1. Adopt Resolution No. 3141, certifying the Final Negative Declaration as adequate for the project; and 2. Adopt Resolution No. 3142, approving Conditional Use Permit 93-013, subject to conditions contained in Exhibit A, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Stracker asked what the requested timeframe of the project was; and why the AQMD permit only allows 90 days. Staff replied that the applicant requested 12-36 months as they would not be sure how long the project would take until they begin monitoring; and that AQMD has a new program called the General Permit Process that will require changing equipment in three phases and will have to renew their permit every 90 days; and that SCAQMD will monitor the procedure. Commissioner Baker asked when the work was recently done at that station, and what work was completed. Staff replied that they installed new tanks according to the new standards. The Director stated that the work was done about six years ago; that they replaced their old canopies with new standardized Chevron canopies and installed new tanks; but that they may not have removed the existing tanks or remediated soil contamination. Commissioner Baker asked how this location could have gotten this bad if the tanks were replaced six years ago; and that soil remediation has been required for some time; and why were they not required to perform the remediation before. Staff replied that the contamination is long term caused by the original tanks which are now outdated; and that they are now being required to perform the remediation; and that Orange County Health Care Agency (OCHCA) is the monitoring agency. The Director replied that the City is not the enforcing agency and had no knowledge of the contamination at the time of installation of the new tanks; that the City is informed of a problem when contacted by the OCHCA or when permits for a CUP for remediation are pulled by the applicant; that the City does not receive monitoring updates from the County. Commissioner Baker asked if there was a procedure to request a copy of a report; and that this contamination affects the water table. The Director responded that they have requested reports in the past, and will ask again. Commissioner Butler asked for clarification of the time frame noted in number 8, page 3 of the Discussion of Environmental Evaluation. Planning Commission Minutes June 14, 1993 Page 3 Staff replied that the initial request was for 24 months, but that the applicant would like up to 36 months in case they require more than 24 months for remediation; and that the report was based on old information. Commissioner Baker stated that since this is a common walkway for students, asked if the applicant was required to sign an agreement regarding graffiti on the enclosure slats. Staff replied that that is part of the conditions of approval. Commissioner Butler asked why the pollution problem was not corrected before; and if the applicant is doing this on their own, if the Health Care Agency is requiring it, or if the water wells were being affected. Staff replied that the OCHCA considered this project overdue, and was glad to hear that the applicant had applied for permits. The Public Hearing was opened at 7:11 p.m. The Public Hearing was closed at 7:12 p.m. Commissioner Stracker commented that he had questions for the applicant; that he wanted to ask why the applicant needed 36 months and why they were using recommended remediation procedure and not a quicker one; and that he was concerned with the equipment being present along a school route 24 hours per day for 36 months. Commissioner Baker commented that the neighbors will be located within 40 feet. Commissioner Kasalek asked what the general timeframe was for a remediation project. The Director replied that they have been running 12-24 months depending upon the contamination. Commissioner Weil asked if there was a problem with vandalism. The Director replied that there have been no complaints regarding vandalism to the sites or equipment that they are aware of. Commissioner Stracker commented that he is aware of a site that is presently estimated to only require 9 months for remediation. Commissioner Weil stated that they are here to decide if a CUP is allowed, not whether this is the best method; and that, as a Planning Commissioner, she did not want to be involved in the business of what type of remediation process a business decided to use. Staff noted that the Shell station at E1 Camino and Red Hill took longer than 24 months and used a similar kind of remediation. Commissioner Baker commented on the Southern Counties Oil site. The Director responded that the Southern Counties Oil site was a different consideration and that the pollution was much more extensive. Commissioner Butler commented that the Commission could consider approving a request for 24 months with the applicant returning with an update if more time was needed. Planning Commission Minutes June 14, 1993 Page 4 Commissioner Kasalek stated that the cost involved would be incentive for the applicant to resolve the matter quickly, and would like to keep the request as is. Commissioner Weil agreed with Commissioner Kasalek; noted that people are trying to get government out of their lives and that it was unnecessary to require any more than the conditions of approval require. Commissioner Butler asked if the City was informed on a monthly basis as to the status. The Director replied that the applicant will report to OCHCA, not the City; that the City receives a report from OCHCA at the conclusion of the remediation for inclusion in the address file. Commissioner Kasalek noted that the applicant should have a responsibility to clean up the area as quickly as possible and that there must be some reporting to the lead agency. Commissioner Stracker noted that the AQMD permit expires in August, and asked if another permit will be acquired after that; and if the City receives a copy of the permit to be certain that they are in compliance; and noted that a lot of volatiles are being let off into the atmosphere. Staff replied that they must update their permits as needed, and that the requirement for frequent permits is due to updating equipment during the procedure; and that permits are handled between AQMD and the applicant. The Director commented that the AQMD permit must be filed to issue a building permit; that additional language could be added to the resolution to ensure that additional copies of AQMD permits are provided. The Director noted that the Commission had the option to continue the item since the applicant was not present to answer questions; that it was hard for staff to respond to questions directed at the applicant's use of judgement. Commissioner Stracker stated that he felt it was the responsibility of the Planning Commission, in regards to health, safety and welfare of the citizens, to know that the applicant is in compliance. Commissioner Weil asked how many remediation projects had been approved so far. The Director replied that there have been 8-10 projects without problem. Staff referred the Commission to Condition 5.1 stating that the applicant must comply with the AQMD. Commissioner Butler moved, Weil seconded to adopt Resolution No. 3141, certifying the Final Negative Declaration as adequate for the project. Motion carried 5-0. Commissioner Butler moved, Weil seconded to adopt Resolution No. 3142, approving Conditional Use Permit 93-013, subject to conditions contained in Exhibit A, as submitted. Motion carried 5- Planning Commission Minutes June 14, 1993 Page 5 OLD BUSINESS: 3. NCCP Status Report A discussion was held regarding this report. Commissioner Weil moved, Stracker seconded to receive and file. NEW BUSINESS: Commissioner Kasalek asked for an explanation of the Public Works Loan Agreement between the City and Agency for improvements on the last City Council agenda. The Director replied that the General Fund will take on the agency's financial obligations for items such as Newport Avenue extension; and explained as a result the Agency would incur debt and receive the tax increment from the County. STAFF CONCERNS: 4. Report on actions taken at June 7, 1993 City Council meetinq Staff reported on the subject agenda. The Director introduced Rick Zimmer, the new Redevelopment Project Manager. COMMISSION CONCERNS: Commissioner Stracker -Inquired about the status of the Newport Avenue extension. Staff indicated that the project was still in the planning stages. -Inquired about the status of the General Plan. Staff indicated that final corrections were being done on the Noise and Housing Elements. Commissioner Weil -Noticed that other cities are enlarging their auto mall signage. Asked if Tustin had any plans to enlarge theirs. Staff replied that the auto center did not have any plans to enlarge their signage. -Inquired about the noticing procedure for apartments. Staff noted that the planner for each project is responsible for posting a notice in a common area of an apartment complex. -Thanked the staff for the quick response on the street sweeper concerns. Thanked staff for the opportunity to go on a ride-along with the street sweeper. Commissioner Butler -Asked if the Civic Center project was on schedule. Also inquired about the opportunity to tour the Civic Center before completed. Staff stated that the Civic Center project was on schedule. Staff would be contacting the Commissioners to schedule a tour of the Civic Center. Planning Commission Minutes June 14, 1993 Page 6 Commissioner Baker -Attended the graffiti meeting and found it very interesting. -Noted that he thought that the Water Department was responsible for maintaining information on the soil remediation projects within the City. Noted his surprise that the City is left out of the loop. Commissioner Kasalek -Her child's school gave out a information sheet on graffiti issues and the penalties imposed on offenders. Staff informed the Commission of a Graffiti Paint Out Day that has been scheduled for June 26th. -Thanked Engineering staff member Doug Anderson for his great response on the Commission's inquiries. AD JOURlqME~: Commissioner Weil moved, Butler seconded to adjourn the meeting at 7:58 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on June 28, 1993 at 7:00 p.m. at the Tustin Senior Center, 200 S. "C" Street, Tustin. M~r]'o~ie i~alek~/J-- v~ Chairpersbn Kathleen Clancy Secretary