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HomeMy WebLinkAboutPC Minutes 10-26-87M]NUTES TUSTIN PLANNING CO~ISSION REGULAR MEETING OCTOBER 26, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Well, Baker, Le Jeune, Pontious PUBLIC CONCERNS: None IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS 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 October 12, 1987 Plannin9 Commission Meeting Commtstoner Le Jeune moved, Baker seconded to approve the minutes of the October 12, 1'~87 meeting. Motion carried 5-0. PUBLIC HEARIMGS 2. Use Permit 87-23 APPLICANT: OWN ER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: KAL GHOSN 171E. YORBA LINDA BOULEVARD PLACENTIA, CALIFORNIA 92670 LA FAYETTE PARTNERS 3111N. TUSTIN AVENUE ORANGE, CALIFORNIA 92665 13011 NEWPORT AVENUE, PLAZA LAFAYETTE, UNIT 113 C-2 CENTRAL COMMERCIAL CATEGORICALLY EXEMPT, CLASS I AUTHORIZATION FOR AN ON-SITE BEER AND WINE LICENSE IN CONJUNCTION WITH A GREEK RESTAURANT. RESOLUTION NO. 2447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE AND OFF-SITE (TYPE 41) SALES AT 13011 NEWPORT AVENUE. Planning Commission Minutes October 26, 1987 Page two Presentation: Jeffrey Davis, Senior Planner The public hearing was opened at 7:35 p.m. The public hearing was closed at 7:36 p.m. A discussion ensued clarifying the type of license, that the property owner is aware of the criteria and the restrictions of allowing this operatoin and the 30 foot restriction referenced is for off-site sales only. It was represented by staff that the Type 41 license ordinarily allows on and off-site sales but with zoning restrictions, sales can be limited to on-site. Also, the property owner is aware that off-site sales will not be authorized per ordinance, within 300 feet of the subject suite. Chairman Wetl asked if staff had received any correspondence regarding this matter. Staff responded that they had not. Commissioner Puckett noted that he was against off-site alcohol sales, however, he understood in this case specialty alcoholic beverages are sold in conjunction with food. Commissioner Puckett moved, Pontlous seconded to approve Use Permit 87-23 by the adoption of Resolution No 2447. Motion carried 5-0. 3. Use Permit 87-21 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. DAVID JOHNSON ON BEHALF OF DAVIOS RESTAURANT OF TUSTIN 13572 NEWPORT AVENUE TUSTIN, CALIFORNIA TUSTIN VILLAGE INVESTMENTS 2349 WESTWOOD BOULEVARD LOS ANGELES, CALIFORNIA 13572 NEWPORT AVENUE PC-C: PLANNED COMMUNITY COMMERCIAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR ON-SITE SALES OF GENERAL NO. 47) IN CONJUNCTION WITH A RESTAURANT USE LIQUOR (LICENSE TYPE RESOLUTION NO. 2443 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-21 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 13572 NEWPORT AVENUE Presentation: Laura Cay Pickup, Associate Planner The public hearing opened at 7:44 p.m. The public hearing was closed at 7:45 p.m. Commissioner Baker asked for clarification on the area of expansion for the possible outdoor seating. Planning Commission Minutes October 26, 1987 Page three Staff member Pickup responded that any future expansion would require approval of a separate Conditional Use Permit. Commissioner Puckett moved, Le Jeune seconded to approve Use Permit 87-21 by the adoption of Resolution No. 2443. Motion carried 5-0. 4. Use Permit 87-24 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TAIT AND ASSOCIATES ON BEHALF OF CIRCLE K CORPORATION 900 ORANGEFAIR LANE P.O. BOX 4425 ANAHEIM, CA 92803 THRIFTY OIL COMPANY 10000 LAKEWOOD BLVD. DOWNEY, CA 90240 14121 NEWPORT AVENUE AT MITCHELL C-1: RETAIL COMMERCIAL A NEGATIVE DECLARATION HAS BEEN FILED IN CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO DEMOLISH AN EXISTING 240 SQUARE FOOT CONSTRUCT A 2680 SQUARE FOOT MINI-MARKET IN EXISTING RETAIL GASOLINE SERVICE STATION. CONFORMANCE WITH THE CASHIER'S BOOTH AND CONJUNCTION WITH AN Presentation: Laura Cay Pickup, Associate Planner Commissioner Puckett expressed concern over the "Entrance Only" signs and whether they would be sufficient to prohibit loitering. Staff clarified that these signs pertained to vehicular movement. Commissioner Pontious expressed concern that the addresses be made visible from the street. Staff responded tht addresses would be per applicable codes. Commissioner Well asked that "turf" as used in Section 3.4 of Resolution No. 2445 be more clearly defined. Staff responded that turf is a grass type ground cover as opposed to plant or shrub material. The public hearing was opened at 7:56 p.m. Mr. Donald Sleveke, 1170 Civic Center Drive W., Santa Ana, represented the owner of 14262 Newport, noted his opposition to this Use Permit referencing that this Use Permit would be in direct competition with One Stop Liquor. His stated concern was that products to be offered by Circle K are the same as those sold by One Stop Liquor. He also questioned the size of the "walk-tn" refrigeration unit being larger than necessary for just soft drinks. He also noted that children will be crossing busy Newport Avenue to get to the Circle K. Susan Choy, representing One Stop Liquor, also spoke in opposition due to the competition that would occur. She noted that One Stop Liquor had just opened an extensive video library. Planning Commission Minutes October 26, 1987 Page four Mr. Bill Fancher, representing the engineering firm of Tait and Associates, noted that competition is what our economy is built on. He also indicated his willingness to answer any questions the Commissioners might have. Stated that the walk-in refrigerator will hold cold items other than soft drinks for example milk and sandwiches. The public hearing was closed at 8:10 p.m. Commissioner Baker asked it Circle K proposed to have a video library. He also asked if the applicant is aware of the off-site liquor ordinance. Staff replied that a Zoning Code Amendment was needed to allow the sale of off-site liquor at this location. Lois Jeffrey, Deputy City Attorney, explained SB 937 and indicated that it would not have any effect on this application. Commissioner Baker moved, Le Jeune seconded to approve Use Permit 87-24 by the adoption of Resolution No. 2445 with the following change: on Exhibit A page 2, Item 1.10 f. the word "developer" should replace the words "The Irvine Company". Motion carried 5-0. 5. SAN DIEGO PIPELINE - EIR 87-2/SCH # 87080511 APPLICANT: SAN DIEGO PIPELINE COMPANY Presentation: Christine Shingleton, Director of Community Development Mr. Rob Balen, City consultant with the firm of LSA explained the pipeline EIR process. Commissioner Le Jeune asked about the time frame, about the Franchise Agreement giving the City control. He also qualified that the pipeline company must get work permits from the Public Works Department which should provide some quality control including keeping the air quality clean by hosing down the construction trucks. He also asked if there was a potential to reactivate the old pipeline. Commissioner Puckett was pleased to see precautionary measures against accidental spills. Commissioner Baker noted that comments could be made until the November 20, 1987 cut off date. Commissioner Well asked for clarification that the Flood Control Channels would not be effected and asked that the homeowners in the construction area be notified of upcoming contruction two weeks prior to, and again 24 hours before, construction begins. The public hearing was opened at 8:34 p.m. Planning Commission Minutes October 26, 1987 Page ftve Ms. Barbara Dery, 14611 Hyannts Port Rd, Tustin, stated that she had attended the scoping meeting and that her questions at that time were not addressed in the draft EIR. Staff offered to go through the draft EIR with her at her convenience. She was also told that the review period on the EIR would remain open until November 20. Mr. Joseph A. Whitelaw, San Diego Pipeline Company, 8888 S. Figueroa, Los Angeles, gave a short overview of the project, he noted that he was available to answer any questions the Commission might have. He also stated that there is no chance of reactivating the old pipeline. He indicated that the past accidental spill was due to a manufacturing defect. Commissioner Baker asked about the distance between the 10" and the 16" pipe. Mr. Thomas F. Jensen, representing the San Diego Pipeline Company, further explained the cathodic protection system used on the pipeline. He also explained that the pipeline is flexible and made to withstand internal and external pressures. Commissioner Baker noted his concern for the parking situation for the workers and equipment during the construction period. Mr. Richard Vtntng, 400 W. Main Street, Tustin, asked if there was a leak detection monitor in the Tustin area and also how a leak is actually detected. Mr. Jensen, noted that the pipeline from Los Angeles to San Diego has the most up to date detection system available, but there were no leak detection monitors planned within the City of Tustin. Commissioner Baker asked if there was a 12" separation between the pipelines. Mr. Arnold Moodie, 1501, W. Cameron, Suite C-110, West Covina, California, representing the California State Fire Marshal, noted that the pipeline meets Federal Pipeline Safety requirements. The public hearing was closed at 9:00 p.m. Commissioner Baker asked what the response time for a Hazardous Materials team would be. Staff noted that there was not a set response time, however, this subject will be addressed in the final EIR. Commissioner Baker moved, Puckett seconded to record the public testimony taken at this meeting; direct staff to respond as necessary to public testimony received; and to transmit to the City Council Draft EIR 87-2. Motion carried 5-0. Planning Commission Minutes October 26, 1987 Page six OLD BUSINESS 6. OLD TOWN HISTORIC/CULTURAL RESOURCES STUDY Presentation: Christine Shingleton, Director of Community Development Commissioner Le Jeune asked if the Advisory Committee would establish its own by-laws. Commissioner Puckett asked whether a designated list of potential historical sites would be compiled. Commissioner Wetl asked that on page 14 of the Ordinance "partial demolition" be defined. She also asked if a homeowner has any control over his property. She also asked clarification of the Overlay District vs. the Zoning District. Staff responded that the proposed Ordinance contains provisions for definitions as well as allowing property owners to continue with projects, even if they are not approved, after a 180 day waiting period. This clause creates a mechanism whereby the property owners have the right to demolish, but only after reasonable time is allowed to address the movement or preservation of any historic or cultural resource. Commissioner Le Jeune asked if the grant money available is substantial and if we could compete with other cities. Staff responded that it was very likely because of all of the historical areas in Old Town. Commissioner Puckett asked if the City could enforce Item K of the Ordinance whereby the owner was responsible for upkeep, repairs and restoration. Staff stated that the normal Code Enforcement duties would provide adequate enforcement. Commissioner Well noted concern over giving the Advisory Committee too much authority in Item G. 5. She then congratulated staff on a great job. She also asked that a copy of the Ordinance be sent to everyone in the affected area. Staff noted that prior to the City Council public hearing they intended to send out a brochure highlighting the Ordinance. Commissioners Wetl and Pontlous noted concern on making new owners aware of the cultural resources area at the time of purchasing a home. Lois Jeffrey noted that a deed restriction was not needed. Planntng Commission Minutes October 26, 1987 Page seven Commissioner Baker noted that It should be a requirement of the seller. Commissioner Pontlous agreed a provision should be made somewhere to nottfy potential buyers of the situation. Rtchard Vtntng, asked that the Ordinance be made available along wtth a copy of thts staff report before November 9th as most of the homeowners tn the neighborhood would want an opportunity to prevtew lt. Staff noted that a workshop would be scheduled on a night other than November 9th which ts a Planntng Commission meeting night. Coptes of the report and ordinance will be made available and all Interest/affected parties wtll be gtven as much advance nottce of the workshop as possible. Mr. Vlntn~ also noted the removal of parktng restrictions on "B" Street. He also asked tf there was any damage to the parktng structure from the earthquake. Commissioner Le Jeune wanted to be certain that the people tnvolved recetve as much Information as possible. He also noted that the graphtcs that were at the scoptng meettng were very helpful. Commissioner Wetl asked that staff mat1 the ordinance to everyone on the matltng 11st. Commissioner Net1 moved, Le Jeune seconded to Instruct staff to schedule a workshop to dtscuss the proposed amendments with residents and property owners tn the Old Town Area and to Incorporate changes In the proposed amendment discussed at this meettng prtor to that workshop. Morton carried 5-0. NE)I BUSINESS STAFF CONCERNS 7. Ctty Counctl Acttons Taken on October 19, 1987 Meettn9 Presentation: Christine Shlngleton, Director of Community Development Commissioner Well asked If Ctty Council was gotng to appeal Exxon. Staff responded no. C01414I SSION CONCERNS Commissioner Le Jeune noted that the Zontng Ordinance Amendment 87-1 regarding alcoholic beverage sales requirements that was passed ts starttng to take effect and work. He complemented staff on an excellent job. Commissioner Wet1 noted that she liked the minutes. AO~IOURll4ENT At 9:55 p.m. the Commission adjourned to the November 9, 1987 Planntng Commission Meettng at 7:30 p.m. by unanimous tnformal consent. ' Penni Fo'le¥ t~ -- Secretary ' Lt