2001 - August 20
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MINUTES
Planning Commission
City of Orange
PRESENT:
ABSENT:
STAFF
PRESENT:
August .20, 2001
Monday - 7:00 p.m.
Commissioners Carlton, Pruett, Smith
Commissioner Romero
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Karen Sully, Planning Manager,
Gary Sheatz, Assistant City Attorney,
Jerry Bailey, Design Manager - Public Works
Elaine Steinhardt, Recording Secretary
IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN - None
IN RE: CONSENT CALENDAR - None
1. APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF AUGUST 6, 2001.
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Carlton to approve the Minutes of
August 6, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner Carlton, Pruett, Smith
None
Commissioner Romero
None
MOTION CARRIED
IN RE: CONTINUED HEARINGS
3. CONDmONAL USE PERMIT 2375-01 - W AL-MART
A proposal to allow the sale of beer and wine (Type "20" License) for the purpose of off-site consumption
and a finding of Public Convenience and Necessity. The site is located at 2300 North Tustin Street. The
subject site is zoned C- TR (Commercial Tustin Redevelopment Project Area
NOTE:
This project is categorically exempt from the provisions of the California Environmental
Quality Act per State CEQA Guidelines Section 15301.
RECOMMENDED ACTION:
1. Adopt resolution PC 22-01 approving Conditional Use Permit 2375.
2. Make a finding of Public Convenience or Necessity for the sale of alcoholic
beverages.
In response to Chair Smith's request for introduction of the proposal, Karen Sully. Planning
Manager/Secretary to Planning Commission reviewed the item and the events of the previous meeting
that led to the continuance of the item. The Planning Commission desired written documentation from
the Police Department concerning their opinion of this request. She noted that Planning staff had met
with members of the Police Department and they standardized conditions regulating alcohol licenses that
Planning Commission Minutes
August 20,2001
are included in the resolution for this proposal. She noted that Sgt. Miller of the Police Department was
present to answer questions.
Mr. Allan Bally, 6381 Hollvwood Boulevard. Suite 570, Hollvwood, CA, representing Wal-Mart, said he
read the memo and agreed to the conditions of approval with the exception of condition of approval #3
that refers to a requirement for alcoholic beverages to be displayed in locked cases to ensure none would
be sold between 2 a.m. and 6 a.m. He felt this condition was excessive for the following reasons: Wal-
Mart closes at 10 p.m.; State law does not allow the sale of alcoholic beverages after 2 a.m.; and, their
cash registers have automatic locks that preclude the sale of alcoholic beverages after 2 a.m. He stated it
would be difficult to build locked enclosures because the alcoholic display area will be large and not
conducive to enclosure. He requested the Commission modifY condition #3.
Commissioner Pruett suggested the condition be modified to state that if store changed their operating
hours to remain open 24 hours a day, the locked cases would then be required. He also expressed concern
about the possibility of selling the business to a new owner who may not operate under desirable
conditions.
Sgt. Matt Miller, Police Department, did not object to Commissioner Pruett's proposed modification. He
also noted that locked cases were more fitting for liquor stores and there would be no need for them if the
store did not operate on a 24 hour basis.
Mr. Bally agreed to a stipulation that if the store became a 24-hour a day operation, they would install
locked cases.
Chair Smith closed the public hearing and asked for Commissioner comments.
Commissioners Carlton pointed out that although the conditional use permit passed from one owner to the
next, the liquor license would not. Each new owner would be required to apply to ABC for a new liquor
license if they so desired.
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Carlton to adopt resolution PC 22-01
approving Conditional Use Permit 2375-01 based on findings included the resolution and including
Conditions of Approval I through 10, with a finding made for Public Convenience or Necessity for the
sale of alcoholic beverages, with modification to condition #3 as follows:
3. In the event the hours of operation changed to 24 hours a day, AaIcoholic beverages
shall...
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Carlton, Pruett, and Smith
None
Commissioner Romero
None
MOTION CARRIED
IN RE: NEW HEARINGS
4. CONDmONAL USE PERMIT 2373-01, MNOR SITE PLAN REVIEW 0188-01 AND
NEGATIVE DECLARATION 1672-01 - CON-WAY TRANSPORTATION SERVICES.
A request to allow the proposed expansion of an existing truck terminal facility to include consolidation
of two parcels, removal ofan existing 6,608 sq. ft. truck terminal building on the front parcel, and to add
13,800 sq. ft. of new dock area to the existing 25,193 sq. ft. truck terminal building currently located on
the rear parcel. The site is located at 2102 Batavia.
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Planning Commission Minutes
August 20, 2001
NOTE:
Negative Declaration 1672-0 I was prepared to evaluate the environmental impacts of this
project. Staff is recommending that the Planning Commission adopt this document as an
adequate and complete assignment of environmental issues related to the potential
approval of the project.
RECOMMENDED ACTION:
Adopt resolution PC-27-01 approving Negative Declaration 1672-01, Conditional Use
Permit 2373-0 I, and Major Site Plan Review 0188-01.
Since no one was present in opposition to the application, Chair Smith waived full reading of the report.
Ms. Sully briefly reviewed the request, and described the site and present development. She explained
the current proposal was for additional dock area, additional parking, lighting, landscaping upgrades and
consolidating the existing two parcels into one parcel. She noted the proposal meets all the development
standards with no adverse impact on traffic since Level of Service will remain at "A". She stated the
project planner was available to answer questions.
Chuck Lau. Associate Planner, reported he had received a telephone call from Mr. Kenneth Harlan, 837
West Crystal View, whose property backs up to Batavia, adjacent to the subject property. Mr. Harlan
voiced his concern with the possibility of more truck traffic and related noise disturbing his enjoyment of
his backyard.
Applicant, Kit Wong, 180 Grand Avenue, Suite 400, Oakland, CA, described the business conducted by
Con-Way Transportation Services, eXplaining it is a trucking company that ships quantities smaller than a
full truck load and they required more dock space to consolidate truck loads, not to increase the number
of trucks coming to the site. He feels good about the project since it will also enhance the aesthetics
along Batavia with the installation of improved landscaping. Increase in truck traffic will be less than 1%
according to Mr. Wong.
Responding to an inquiry from Commissioner Pruett, Mr. Wong explained both Lincoln and Taft bear
truck traffic from their operation. He described modernization of the facility as being both good for the
community and Con-Way.
No one else wished to speak and Chair Smith closed the public hearing.
MOTION
Moved by Commissioner Carlton and seconded by Commissioner Smith to adopt resolution PC 27-01
approving Negative Declaration 1672-01, Conditional Use Permit 2373-01 and Major site Plan 0188-01,
based on the findings in the resolution and subject to conditions of approval I through II.
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner Carlton, Pruett, Smith
None
Commissioner Romero
None
MOTION CARRIED
Chair Smith called for public comment pertaining to non-agenda matters, but there was none.
IN RE: ADJOURMENT
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Carlton to adjourn to the next meeting
scheduled on Wednesday, September 5,2001.
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Planning Commission Minutes
August 20, 2001
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Carlton, Pruett, Smith
None
Commissioner Romero
None
MOTION CARRIED
The meeting adjourned at 7:30 p.m.
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