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HomeMy WebLinkAboutPC Minutes 06-18-79TUSTIN PLANNING AGENCY Minutes of Regular Meeting Monday, June 18, 1979 The Planning AGency held a regular me. eting Monday, June 18, 1979 in the Council Cham]Ders of the Tustin City Ilall, 300 CentennJalWay, Tustin, California. The meeting was called to order at 3:05 p.m. by Chairman Schuster° The Pledge of Allegiance to the Flag was led by Mr. Schuster and the in- vocation was given by Mr. Welsh. ROLL CALL Present: Chairman Schuster, Mr. Saltare!li (3:25 p.m), Mrs. Kennedy, and Mr. Welsh Absent: Mr. Sharp Also Present: Alan Warren, Assistant Planner Dan Blankenship, City Administrator James Rourke, City Attorney Midge Mehl, Recording Secretary MINUTES The minutes of the regular meeting held June 4, 1979 were approved as corrected, with the waiving of reading same. Mrs. Kennedy stated that the Agency's concerns and discussion on parking and traffic, relative to the An~ndment to EIR 77-2 were not mentioned in the minutes. Mr. Warren replied that parking and traffic concerns were reflected in the Use Permit Resolution for the development. Mrs. Kennedy requested a copy of that Resolution. A copy was furnished. PUBLIC HEARINGS Variance 79-1 (continued) Applicant: QRS Corporation Location: West side of Enderle Center Drive Mr. Warren read the previous staff reports and stated the Agency had con- tinued Variance 79-1 in order that the staff could meet with the applicant, the owner of the Center, and the sign representative, and during that meeting the total concept of the signing for the Center was discussed. Staff's main concern is that if the variance is granted that it not be a grant of special privilege to the restaurant; that it not also be considered possible for the other tenants in the Center; also that it not be a special privilege to other types of businesses in the city. Mr. Welsh askcd Mr. Warren if he would consider the granting of a variance at this time and under the circumstances, as a privilege to Salty Sam's as opposed to all the other shops in the Center. Mr. Warren sai. d yes he would. The Chairman opened the continued public hearing and asked if there was anyone who wished to speak in favor or opposition to Variance No. 79-1. Mr. Bob Van Gerpen, 1120 Towne Avenue, Los Angeles, representing Salty Sam's stated they found thcmselves in a unique position at this particular session. He said they had been here before and two other members who are not partici- pating at this meeting heard part of their previous plea, along with the re- ~ining members of the Agency, and it was their feeling that they should have a continuance until the whole Agency was present. MOTION by Welsh, SECONDED by Schuster to continue this item until the 7:30 p.m. meeting this date. Planning Agency Minutes of June 18, 1979 page 2. There followed a discussion between the representative and the applicant, and Mr. Van Gerpen stated they could not make the evening meeting, but would appreciate a coDtinuance until the July 2, 1979 meeting. The motion died for lack of a secor~d. MOTION by Welsh, SECONDED by Schuster to continue Variance 79-1 until the 7:30 p.m. meeting July 2, 1979. AYES: NOES: ABSENT: Kennedy, Welsh, and Schuster None Sharp and Saltare]li Use Pcrmit 79-17 Applicant: Location: Request: Far West Bank, 2215 North 9roadway, Santa Ana ']'he southwesterly intersection of Franklin and Walnut Avenues in the Irvine/Tustin Industrial Complex, known as a portion of assessor's Parcel No. 432-491-1, Lot 16, '~ract 8763. To install a trailer on a ].5,432 square foot area to use as a drive-through banking facility for a temporary (but unspecified period of time). Mr. Warren presented the staff report and stated that the Community Develop- ment Consultant, Dr. Fleagle,had pointed out that there are some areas in which the application is deficient in order to make full analysis of the proposal. He said that he had recently been in contact with the applicant and most of the items on the list have been agreeable to the applicant. The parcel ~ap comments contained in the report were discussed by Mr. Warren. tie stated that a parcel map might not be required if the full improvement fees were paid on the entire 9 acre site and that no additional uses were planned for the site while the temporary bank is in operation. Mr. Warren said the staff could have a resolution drawn up and ready for a~option at the Agency's next regular meeting. Chairman Schuster declared the p~hlic hearing open and asked ~f there was anyone who wished to speak in favor or opposition to Use Permit 79-17. There was no one to speak. ~)TION by Kennedy, SECO~}.:D by Saltarelli to continue the public hearing of Use Permit 79-17 until the July 2, 1979 meeting in order to allow the applicant t~me to s~mit a complete application. AYES: N()ES: ABSENT: Saltarelli, Kennedy, Welsh, and Schuster None Sharp Variance 79-2 Applicant: Location: Request: Innovative Graphics, Inc. 630 E1 Camino Real (El Camino Plaza) To construct a 40' high pole sign (120 square feet) for an indi- vidual business within a shopping cer~ter, for the IIadley's Fruit Orchard facility. Mr. Warren presented the staff report. Mr. Schuster declared the p,~blic hearing open and asked if there was any- one to speak in favor or opposition to V~riance 79-2. Mr. Bill Cardone, 126 Grove Avenue, Orange said he was representing Hadley's and originally it was recommended to them, by staff, that they file a use permit, lle said the sign that they are requesting is in an area where there are several other free-standing freeway oriented signs. John G. Wadem, 2387-2C, Laguna llills stated he wished to discuss the initial contacts with the landlord of this property, arid the City. He said when this proposal for Hadley's was first discussed they were given a very fine rendition of a story about the redevelopment of E1 Camino Real and the ideas Planning Agency Minutes of June 18, 1979 page 3. that were going forward and were given a very warm reception to the idea of having Hadley's come into this particular location. ~ey were concerned about the signing possibility due to the reputation of Hadley's Fruit Orchards need- ing freeway signs to induce people to come off the freeway into the Hadley shopping complex. We discussed the t~ssibility of signing, with your previous Director, and what we could expect. We were assured, by Mr. Chase, that we could erect a sign, thus we went out to locate a sign that would be easily seen by freeway traffic from both directions. 5~. Bill Moses stated that Hadley's is definitely a tourist attraction and it would behoove the Agency to approve this request. There followed a discussion concerning the maximum size of permitted signs. Chairman Schuster declared the public hearing closed. Mr. Saltarel!i said he disagreed with staff's recommendation for denial; he said he did not feel this would be a special privilege granted to Hadl~¥'s. Mr. Welsh stated that the variance was in order, retrospect to our present ordi- nance which only recognized restaurants, gas stations, and motels, therefore, a hardship was imposed upon Hadley's because they are a freeway oriented business and based upon the ordinances' restrictiveness in not recognizing such other forms of business. MOTION by Saltarelli, SECONDED by Schuster to grant Variance 79-2 and to direct the staff to make a notation in the resolution of approval that it is the opinion of the Planning Agency that this does net in fact constitute a grant of special privilege to Hadley's and that the benefits derived of Hadley's are in the best interest of the general business district of the city of Tustin; and that there is evidence of hardship based on the investment, the location, and the need of the business that is making the application. The resolution of approval to be brought back to the Agency at their next regular meeting. AYES: NOES: ABSENT: Saltarelli, Welsh, arid Schuster Kennedy Sharp USE PERMIT 79-20 Applicant: Location: Request: E.W. Rosenburg on behalf of Red Hill Lutheran Church 13200 Rcd Hill Avenue To install and use two additional classroom trailers at the site of an existing children's school Mr. Warren presented the staff report and stated that the ma~n concern of the Engineering Department was the location of the pick-up and drop-.off point for the students; how many additional students there would be; and in the event the school traffic is to use Melvin Way, what the impact would be to the resi- dents on Melvin Way with respect to noise and traffic. Mrs. Kennedy asked if something could be included in the resolution regarding the concern of Engineering about the drop-off and pick-up point and if the church was agreeable to a one year approval since they had asked for three years. Mr. Warren stated the six months approval and the six month extension would not require an additional fee or any other work to be involved. The church would simply come before the Agency and request the extension. At the end of one year they should re-apply and request extended use, which the Agency could consider at that time. He said the Agency could require, in the use permit process, a drop-off and pick-up location. Mr. Welsh stated that he, too, would like to see that in the resolution. Chairman Schuster declared the public hearing open and asked if there was anyone to speak in favor or opposition to Use Permit 79-20. Mr. Bill Rosenburg, representing the Red Hill Lutheran Church, explained the ~lanning Agency Minutes of June 18, 1979 page 4. location of the proposed tem~)rary trailer classrooms and said it was their intent to abide by all conditions placed upon the use permit by the Agency. He said ~st of the students were dropped off in the rear parking lot and that should pose no prob].em. He further stated they hoped to have pe£manent class- rooms constructed in 12 or 18 months, no longer than lf{ months. ~ir. Robert Larson, 13211 Woodland, stated he was a neighbor of the church and school, and he would strongly oppose this request. He said they now have 247 students and another 40 or so would make it even nosier, tie said he had lived there about 12 years and the noise was horrendous. Ilis yard backed up to the schools' playgrou~d area. ~.~rs. Kennedy asked if they had talked to the church to see if they could move the playground or anything. She then asked how long the school had been there. ~.~r. Rosenburg said the school had been there about 15 years. ~rs. Kennedy suggested ~Ir. Rosenburg take Mr. Larson's name and address and attempt to work with him about the noise problem. It was suggested that raising the block wall and perhaps planting some trees or other form of screening could help alleviate the noise problem. MCYI'JON by Welsh, SECONDED by Kennedy to close the public hearing and approve and recommend to the City Council adoption of Resolutfon No. 1829. Schuster asked if there had been any complaints from other neighbors. ~. Warren said the staff had not received any. The Chairman askcd the pleasurc of the Agency. AYES: NOES: ABSENT: Saltarelli, Kennedy, Welsh, and Scl,,ster None Sharp PUBLIC CONCERNS None OLD BUSINESS None NEW BUSINESS Final Parcel Map 79-1030 Applicant: Signal Development Corporation Location: Northwesterly corner of ~,~sher and Bell Avenues MOTION by Saltarelli, SECONDED by Welsh to recommend approval to the City Council by adoption of Resolution No. 1827. Alq.: S: NOES: ABSENT Saltarelli, Kennedy, Walsh, and Schuster None Sharp Final Tract }~p No. 10258 Applicant: Eastways Development Corporation Location: 15732 "B" Street MOTI©N by Saltarelli, SECONDED by Welsh to recor~nend approval to the City Council by adoption of Resolutf(~n No. 1828. AYES: NOES: ABSENT: Saltarelli, Kennedy, Welsh, and Schuster None Sharp Planning Agency Minutes of June 18, 1979 page 5. Amendment to Tustin City Code - Ordinance No. 805 Mr. Saltarell~ said this was relative to stock cooperatives and was at the direction of the Planning Agency that the code be amended to clarify stock cooperatives. MOTION by Saltarelli, SECONDED by Kennedy that by minute order they recommend to the City Council that Ordinance No. 805 be introduced. AYES: Saltarelli, Kennedy, Welsh, and Schuster NOES: Ngne ABSENT: Sharp CORRESPONDENCE None STAFF CONCERNS NONE AGENCY CONCE~S None ADJOURNME~ There being no further buisness to come before the Planning Agency at this time Chairman Schuster declared the meeting adjourned at 4:54 p.m. to meet again for the public hearing of Use Permit 79-15 to be heard at 7:30 p.m. this date. Chairman M.I. Mehl Recording Secretary Planning Agency Minutes of June ]8, ].979 page 6. TUSTIN PLANNING AGENCY Minutes of Adjourned Meeting Monday, June 18, 1979 Chairman Schuster called the meeting to order at 7:36 pom. Present: Chairman Schuster, Mr. Sharp, Mr. Saltarelli, Mrs. Kennedy, and Mr. Welsh Absent: None Also Present: Alan Warren, Assistant Planner Dan Blankenship, City Administrator James Rourke, City Attorney ~!idge Mehl, Recording Secretary PUBLIC IIEARING Use Permit 79-18 Applicant: Locat ion: Request: Radiation Sterilizers 1401 Morgan Circle To operate a radiation sterilization plant to serve the manu- facturers of medical devices. Mr. Warren preseuted the staff report. ~e said the prime operation of this facility 4s to sterilize medical devices, using the Cobalt-60, for various medical manufacturers ~n the area. Staff has reviewed the application and has determined that this Js one of the most heavily regulated industries in the world. If there is cause for concern after the facility is in operation, then these regulations placed upon Radiation Sterilizers by other agencies are also placed upon them by the City. '['he Chairman declared the public hearing open and asked if there was anyone who wished to speak in favor or oppositien to Use Permit 79-18. Mr. Ron Hoesterey asked if this was the type of business that we really needed in Tustin .IIe said he saw a number of problems; the first being we have to rely on outside agencies and the other is that although we have regulations in the Code, does the City really have thc expertise to enforce these regu- lations? It would be very difficult for the City, at this time, to do so. lie said he felt the transportation of the material to and from the facility could be a problem, even 4f limited to non-residential areas. He said another concern is, how would they know if there was a problem. Dr. Alan Chin, President of Radiation Sterilizers explained exactly what their operations were, how the radioactive material would be handled, means of transportation to the facility, and the storage of the material. He gave a brief history of the sterilization industry. He further stated that the material they use is not explosive, Js not fissionable, }t cannot melt down, they do not generate any radioactive waste, they have no contaminants that are generated, and the energy which is given off by the isotopes has been likened to high energy sunlight which in fact it is. They have no mass and cannot cause otker material to become radioactive. He further stated their designs have been very carefully reviewed by the authorities at the State level and their initial application was submitted last July and has been under review for almost a year. He said they now have approval from the State, based upon our design of the facility, the personnel we have, and our procedures for handling and transporting of the material. Mrs. Kennedy questioned the reason for the steel plug at the top of the facility and about the flooring of the facility. Dr. Chin explained the opening in the ceil4nq was for loading of radioactive material and that the plug weights approximately 14,000 pounds. He said the only hazard to the floor would be if someone dug a hole under the building, all the way into the floor beneath our radiation cell, otherwise under normal Planning A~ency Minutes of June 18, 1979 page 7. operating conditions the encrgy goes into the floor and into the ground; and the ground is also a good shielding. After the energy has passed through seven or eight feet of dirt, it has been completely dissipated. Mrs. Kennedy asked how many plants like this were now in operation; and if any mishaps had occurred at these facilities. Dr. Chin said currently there are ten large scale facilities in the United States; and as far as he knew these have been n9 radiation accidents. He said he knows of fJ. ve other plants that have been ordered to be built and most of these have been ordered within the last three years. Mrs. Kennedy asked the frequency of material being delivered to the facility. Dr. Chin said it would depend upon the growth of thc business, but would probably be every three or four months until they get to a certain level, then it would be a longer period of time between deliveries. Mrs. Kennedy said she would like to have a city-hired consultant come in and look at this from th~ City's viewpoint. Mr. Saltarelli asked when they intended to start operation of the facility. Dr. Chin said, hopefully, July 1. Mr. Sharp asked how this use could be compared to the energy source used in most X-ray units of large commercial s~ze, used in most hospitals and clinics. Dr. Walter Wechs of California !?cch. said h~ was a Radiation Officer and he would answer some of the Agency's questions. He reinforced some of Dr. Chin's comments and answered some concerns of the Agency. Mr. Doug Garfield presented his credentials and stated he, too, was in favor of this facility and concurred with Dr. Chin's and Mr. Wechs' statements. He also explained the casks in which the material would be shipped. There followed a lengthy discussion. MOTION by Saltarell~o, SECOk~ED by Schuster to close the public hearing. AYES: NOES: Sharp, Sa!tarelli, Welsh, and Schuster Kennedy Mr. Welsh asked Mr. Wechs if, in his opinion, the facility was safe. Mr. Wechs stated yes, the facility was safe. Mr. Welsh then asked who the City would need to hire; and the kind of credentials he should have. Mr. Wechs said he would suggest someone who has had some experience in health physics and probably someone who was certified in health physics. Mr. Schuster asked if the facility was not completely inspected by the State and the County. Mr. Wechs said yes. He said any use of radioactive material is licensed by the State of California, and the license has to be renewed at regular inter- vals. Mr. Welsh asked how far along the City wa~ ~n hiring an ~ndustrial consultant. Mr. Rourke stated that he had just received, at 5:15 p.m. this date, the approval of the Irvine Company of the proposal and of the consultant that was recommended in their agreement to participate, so our consultant has been calling us every few days; they are ready to go, so tomorrow we will tell them to go. Planning Agency Minutes of June 18, 1979 page 8. MOTION by Salterelli, SECONDED by Welsh to have the staff prepare a rese- lut~onincorporating the seven reuuirements and making as part of the reso- lutionall the rules and regulations of the governing agencies that are already governing these type of facilities, so that we have a back-up; and bring at back to the Agency at our next meeting to give us time to do whatever we w~sh to do in terms of the consultant giving the City some in- dependent advice. ~. Sharp said he could support that motion. AYES: NOES: Sharp, Sa!tarelli, Kennedy, Welsh, and Schuster None MOTION by Kennedy to continue the public hearing. The motion did not carry for lack of a second. Mr. Welsh asked about the possibility of the Irvine Company sharing in the cost of a consultant for this matter. Mr. Rouke stated that the Irvine Company has not been approached about this particular projoct as they don't own the land. Mr. Saltarell~ said he would like to not involve the Irvine Company in this. ADJOURNMENT There being no further business to come before the Agency at this time the meeting adjourned at 9:05 p.m. to meet again for a regular meeting to be held July 2, 1979 at 3 p.m. in the Council Chambers of the Tustin City Hall. Chairman M. I. Mehl Recording Secretary