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
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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