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HomeMy WebLinkAboutPC Minutes 10-12-87MINUTES TUSTIN PLANNING COI~IISSION REGULAR #EETING OCTOBER 12, 1987 CALL TO ORDER: 7:30 p.m., City Counctl Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Nell, Puckett, Baker, Le Jeune, Pontlous PUBLIC CONCERNS: (Ltmlted to 3 minutes per person for 1rems not on the agenda) 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 September 28, 1987 Planning Commission Meeting Comn~sstoner Le Jeune moved, Baker seconded to approve the minutes of the September 28, 1987 meeting with the following change: on page eight under Commission Concerns Commissioner Le Jeune should read "Commissioner Well". Motion carried 5-0. PUBLIC HEARINGS e Extension of Use Permit 86-30 Applicant: Owner: Location: Zoning: Environmental Status: Request: Tri-State Engineering Co. 701S. Raymond Avenue Fullerton, Ca. 92634 Exxon Company U.S.A. P.O. Box 4388 Houston, Texas 77210-4388 14082 Red Hill Avenue at Nisson Road C-1 Retail Commercial Categorically Exempt Class I Extension for a 6 month period of previously approved Use Permit 86-30 authorizing construction of a 1,104 square foot Mini-Market and Gas Station. Resolution No. 2438 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A SIX {6) MONTH EXTENSION OF USE PERMIT 86-30 FOR CONSTRUCTION OF A 1104 SQUARE FOOT MINI-MARKET AND GASOLINE SALES STATION AT 14082 RED HILL AVENUE. Planning Commission Minutes October 12, 1987 Page two Presentation: Laura Cay Pickup, Associate Planner The public hearing was opened at 7:35 p.m. Mr. John Rochefort, 444 S. Flower, Suite 500, Los Angeles, Ca. Attorney for Exxon Corporation, took the position that the hearing was inappropriate due to the way the City had interpreted the Zoning Code. He contended that the developer worked in good faith having spent over $50,000 on the project to date. He asked that the Planning Commission take the course of action to acknowledge the good faith effort and allow Exxon to proceed on the existing Use Permit without the need for an extension. He then urged the Commission, if the original request was not considered, to approve the extension noting that the remodel will improve the area aesthetically, environmentally and improve safety. He stated that he would be happy to answer any questions. Lois Jeffrey, Deputy City Attorney, advised the Commission that Exxon has filed a lawsuit on the issue of whether or not an extension is needed. She continued that the hearing for the extension was a proper proceeding noting that Exxon did not pull demolition and grading permits when they were able to nor had construction commenced nor was the facility occupied. She stated that Exxon could not have finished the remodel before the expiration date of the Use Permit as Tri State Engineering indicated that they were not yet ready to pull permits. Commissioner Le Jeune asked Mr. Rochefort if a six month extension would be sufficient. Mr. Rochefort replied that they applied for a three month extension and that the project would easily be completed within the six month extension. Ethyl Reynolds, Parents Who Care asked for clarification about what constituted "existing conditions". Director Shingleton replied that "existing conditions" constituted the same as original proposed project; that no changes to the project were being requested with the extension. Staff and the Commission discussed that the sale of beer and wine was not related to the extension request but was related to a seperate Conditional Use Permit previously granted by the Council. Mr. Jack Miller, Parents Who Care asked if the applicant is aware of the protests by the community against the sale of beer and wine at this location. The public hearing was closed at 7:55 p.m. The Commission generally agreed that they had no problem with the extension of the Use Permit. A discussion followed clarifying that beer and wine sales at this location is a separate item. They also discussed Code section 92993(b) and restroom requirements. Mr. Gary Gantne¥, Tri State Engineering Company, noted that the square footage on the report and resolution were wrong that instead of 1938 square feet it should be 1104 square feet. Planning Commission Minutes October 12, 1987 Page three Commissioner Puckett noted that he was hestitant to approve the extension due to the liquor sales issue, but because liquor sales was not an issue of this extension he would approve. Commissioner Wetl expressed concern over the manner Exxon handled the liquor sales issue and felt the Commissioner was misled, however, she would approve because liquor sales was not an issue of the extension. Commissioner Baker moved, Ponttous seconded to approve an extension of Use Permit 86-30 by the adoption of Resolution No. 2438 with the correction that the square footage be changed from 1938 to 1104. Motion carried 5-0. 3. Tentative Parcel Map 87-370 Applicant: Owner: Location: Zoning: Environmental Status: K. W. Lawler & Associates, Inc. on behalf of Mac Pherson Properties, 301 West Warner Avenue, Santa Ana, California 92707 The Irvine Company 550 Newport Center Drive Newport Beach, California 92660 2, 33, 21 Auto Center Drive Lots 10, 11, 12 of Parcel Map 84-1032 Planned Community Commercial (Auto Center) Class 15, Categorically Exempt Resolution No. 2439 A Resolution of the Planning Commission of the City of Tusttn, recommending approval of Tentative Parcel Map 87-370 Located at 2, 33, 21 Auto Center Drive Presentation: Laura Cay Pickup, Associate Planner The public hearing was opened at 8:10 p.m. Anna Beale, representing K. W. Lawler stated that the purpose of this Tentative Parcel Map is to clarify legal boundaries. She stated that she would be happy to answer any questions. Commissioner Baker asked why Lot 2 jutted into Lot 1. The applicant responded that the reason is to enable both dealers to legally and equally share the driveway and parking lot. The public hearing closed at 8:12 p.m. Commissioner Puckett moved, Pontlous seconded to recommend to City Council approval of Tentative Parcel Map 87-370 by the adoption of Resolution No. 2439. Motion carried 5-0. Planning Commission Minutes October 12, 1987 Page four 4. Tentative Tract Map No. 13094 and Design Review 87-16 Applicant: Location: Request: Bramalea California, Inc. Lots 1, 2, D, F, G, and H of Tract 12763 1) Authorization to subdivide 20.47 acres into 103 numbered and 4 lettered lots for single family development, 2) Approval of Site Plan and Architectural Design of the proposed project Environmental Status: The project is covered by a previous EIR (85-2) for the East Tustin Specific Plan. No additional documentation is required. Resolution No. 2440 A Resolution of the Planning Commission of the City of Tusttn, finding that the Final Environmental Impact Report (EIR) for the East Tustin Specific Plan is adequate to serve as the program EIR for Tentative Tract Map 13094 and Design Review 87-16 and all feasible mitigation measures have been incorporated as required by the California Environmental Quality Act. Resolution No. 2441 A Resolution of the Planning Commission of the City of Tustin, conditionally approving Design Review 87-16 a project with 103 detached single family dwelling units project located on Lots 1 and 2 of Tract 12763. Resolution No. 2442 A Resolution of the Planning Commission of the City of Tusttn recommending to the Tusttn City Council approval of Tentative Tract Map No. 13094. Presentation: Christine Shtngleton, Director of Community Development The public hearing was opened at 8:22 p.m. Mr. Joe Herztg, representing North Tustin Homeowners Corporation, noted that the original density of this area was 4 homes per acre. He asked that the developer build the homes adjacent to Browning as one story structures. He also indicated that the density might have a negative effect on traffic. Mr. Jerry Feldman, Board of Governers, Bellewick Community Association, noted that the area was originally, at the time of ETSP preparation, medium density but since then the density has been lowered. He also indicated that staff had agreed to lower the height of the fence requirement in Exhibit A 2.2. Mr. Jack Reimer, Bramalea, California, gave an overview of Bramalea activity in Riverside, San Diego and Orange Counties. He offered to answer any questions the Commission might have. The public hearing was closed at 8:30 p.m. Commission and staff clarified that the Flood Channel on Bryan will be adequate to handle drainage as the curb height has been raised. The City can use their Code enforcement powers to keep the Homeowner's Associations accountable for their Planntng Commission Mtnutes October 12, 1987 Page ftve responstbi 1 tttes. Commissioner Baker moved, Le Jeune seconded to approve the Determination for the project by the adoptton of Resolution No. 2440. 5-0. Environmental Motion carried Commissioner Puckett moved, Ponttous seconded to approve Design Review 87-16 by the adoption of Resolution No. 2441 with the following change: the last sentence in 2.4, page two of Exhibit A" The proposed common property lines walls adjacent to existing single family dwellings to the north shall be raised to 7.5 feet." be deleted from the Resolution. Motion carried 5-0. Commissioner Baker moved, Le Jeune seconded to recommend to City Council the approval of Tentative Tract Map 13094 by the adoption of Resolution No. 2442 with the following changes: Page three, Exhibit A 1.14 should read "Lots lettered A, B, C and D to be the responsibility of adjoining property owner within the proposed subdivision and/or future Homeowners Association." Page seven, Exhibit A, J to be relettered as "K", the new "J" will read as follows: "All owners shall be required to provide subsequent prospective owners with disclosure information related to aircraft noise impacting the subdivision." Page ten, Exhibit A, add: "8.9 Note on #12 should state that local parking code requirements have been met by Tract Map 12763. The parkland dedication requirements for this project is 1.0506 acres." Motion carried 5-0. Commissioner Puckett complemented staff on the fine job well done and staff's ability to work out problems with the community. OLD BUSIMESS NEll BUSINESS 5. Oral Report on Meeting with County Planning Commissioners Presentatt on: Commissioners Le Jeune and Pontious Commissioner Ponttous noted that she and Commissioner Le Jeune attended a meeting in of the Southern Orange County cities. Their discussions covered the Foothill Circulation Phasing Plan. The group is attempting to meet quarterly in order to keep each of these Cities in touch with the County. Commissioner Le Jeune noted that he enjoyed the presentation. He suggested that the cities of Orange, Irvine and Tustin Planning Commissions meet on a smaller scale. 6. Transmittal of San Diego Pipeline EIR Commissioner Well thanked staff for the extra time on the Pipeline EIR. Planning Commission Minutes October 12, 1987 Page si x STAFF CONCERNS Report on Acttons taken at the October 7, 1987 City Counctl meettn9 (Actton Agenda to follow under separate cover. Presentati on: Christine Shtngleton, Director of Community Development Annexations 144, 145 and 146 were transmitted to LAFCO. Resolution passed to authorize Ricoh sign code waiver. Adopted resolutions on Tentative Tract Maps 13030, 13038 and 12870. The Council commended the Commission and staff for their excellent work. Council authorized a noise consultant contract with Van Houten & Associates. 8. Report on Work Projects Presentation: Christine Shtngleton 9. Introduction of New Staff Members: Joel Slavit and Cheryl Perique Presentation: Christine Shlngleton, Director of Community Development COMMISSION CONCERNS Commissioner Puckett commended staff for a job well done on recent builder maps in East Tustin, congratulated Joel Slavtt and Cheryl Pengue on their appointments with the Community Development Department and thanked Linda Andrews for a successful Tustin Tiller Days. Chairman Wetl noted an unsightly entrance sign on the 55 freeway. She also requested the fiscal impact analysis for the annexation reports on proposed Annexation #144, 145 and 146. ADJOURBIENT At 9:10 p.m. Commissioner Le Jeune moved, Pontlous seconded to adjourn the meeting to the next regular Planning Commission meeting on October 26, 1987 to be held at 7:30 p.m. Motion carried by unanimous informal consent. Kathy Well Chairman