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HomeMy WebLinkAboutPC Minutes 10-14-85MINUTES TUSTIM PLANNING CO~ISSION REGULAR I~ETING OCTOBER 14, 1985 CALL TO ORDER: ROLL CALL: Present: Wetl, Puckett, Baker, McCarthy, White Staff Present: Lamm, Ledendecker, Knight, Chamberlain, Orr Motion carried 5-0. PLEDGE OF ALLEGIANCE/INVOCATION PRESENTATIONS: PUBLIC CONCERNS: None CONSENT CALENDAR: 1. Minutes from Planning Commission meeting September 23, 1985. 2. Final Parcel Map 85-212 White moved, Baker seconded to approve the Consent Calendar. PUBLIC HEARINGS 3. AMENDMENT TO CONDITION #19 OF PARCEL MAP 84-1032, TUSTIN AUTO CENTER Applicant: Locati on: The Irvine Company Irvine-E1Modena Flood Control channel; development area bounded by the I-5 freeway on the south, Browning Avenue on the west, Bryan Avenue on the north and Myford Avenue on the east. Request: That the October 15th construction deadline date for interim channel improvements be waived. Presentation: Ed Knight, Senior Planner Commission discussion ensued with questions and answers of staff. Bob Ledendecker, City Engineer, answered most of the Commission's concerns explaining that the proposed temporary change in improvements would keep the situation the same; would not worsen it in any way. He further explained there will be two channels when the temporary earth channel is in place. He explained in detail the path of the final improved channel and that it will have the capacity to handle the flow caused by a 100 year storm. Planning Commission Minutes October 14, 1985 page two Chair Well opened the public hearing at 7:47 p.m. Brad Olson, The Irvine Company, explained his application. At the original approval of the tentative map, conditions required bermtng of the auto site, removal of two bridges along Bryan Avenue and the reconstruction of the box culvert under Bryan. The goals behind those conditions were to flood protect the auto center and at the same time to make sure there were no adverse impacts on the surrounding properties. Those goals have not changed. What has happened to this point in time is that two bridges have been removed which increased the flow to some degree. The reconstruction of the box culvert has not commenced. In the course of preparing the project report for the ultimate improvements for the E1Modena Channel and in looking at the City's and Company's desire to provide for additional retail capacity on the site adjacent to the auto center, the decision was made by the Company that it would be desirable to relocate the E1Modena Channel about 470' west of its present location to provide one composite site between that channel and Myford Road for development in the future. When that happened some new things came into play that hadn't been contemplated: 1) a new flood control facility that requires a permit from the County; 2) the movement of an existing facility in the channel under Bryan Avenue; and 3) the need to construct the by-pass channel to allow for the construction to proceed. Olson requested clarification on the staff report's referral to the interim channel or the by-pass in the weir facility as a condition to allow the City Engineer to reconsider the commencement of grading west of the berm. Bob Ledendecker explained that they felt that at the time the by-pass channel was in place and the overflow weir was in operation, then construction would be commenced on the bridges. At the time the by-pass channel is complete, it will have adequate capacity to proceed with whatever permits are required of TIC. The City Engineer further explained that the channel construction would be complete sometime in February or March. Bryan Avenue will be closed from Nov. 1 to February 1. The first two weeks of November is the scheduled date for Irvine Blvd to open with two additional lanes. Puckett moved, White seconded to adopt Resolution No. 2275. McCarthy opened the discussion. McCarthy commented that when The Irvine Company came before the Commission in January the channel and auto center development would be simultaneous. That was why the Commission voted in favor of the project. He further expressed his concern with the flood conditions that have been created by the development of the auto center and construction of E1Camino Real curbs and gutters. His concern was that these two construction sites would push the water into neighboring residences and prohibit flowing into the Santa Ana channel along the freeway. Bob Ledendecker explained that until the upstream condition of the E1Modena/Irvine Channel is improved by the County, water will continue to collect in that area. That improvement is scheduled for next year. Planning Commission Minutes October 14, 1985 page three There were further Commission questions of Mr. Ledendecker concerning the improvement schedule. Mr. Ledendecker explained that the interim improvements will increase the flow within the channel adjacent to Bryan Avenue exactly as stated in the initial EIR. It will not eliminate flooding along Browning Avenue until the upstream conditions are complete. The auto center will not create a dam affect with respect to the properties to the west of Browning Avenue. That is why the grading has been held off between Browning Avenue and the railroad berm. John Avey, 1912 Burnt Mill Road, requested an answer to who would be liable if the improvements aren't done. Suzanne Atklns commented that it would be whoever was esl~ablished as negligent in omitting certain design elements, or creating certain design elements or in allowing certain conditions to exist. It is difficult, hypothetically, to say who would be negligent because it is all in the future. You would have to show that the condition is a negligent condition that caused the flooding and damage resulted. Chair Well re-opened the public hearing at 8:12 p.m. Jackie Haney, 13352 Ntxon Circle, questioned what would be developed by next October and thought the flood improvements were supposed to be done in conjunction with the auto center. Don Lamm explained that the city will not allow the development of single family homes and their block walls all the way up to Browning Avenue which would create an artificial barrier causing water to flood back into the Browning Avenue area, until additional capacity is constructed downstream in the channel (the interim improvements). At no time in the future will the area have a greater flood depth than experienced in the past. There has been flooding in the years past, and there may be flooding again this year. The project will not eliminate the flooding and the flood potential that may occur this season. The Irvine Company is making improvements that, in theory, may reduce the amount of the flooding but will not prohibit flooding from occurring. Jackie Haney further questioned if the improvements in the channel will preceed the development west of the railroad berm. She had anticipated that the flood channel would be improved before the development of the auto center. Lamm explained that it was a mtsundestandtng. In the auto center EIR and the Phase I residential EIR there were only two conditions that related to this project as far as flood control improvements. Those conditions related to the removal of the bridge structures along Bryan Avenue and construction of a new elbow; the turn from Bryan going southerly underneath Bryan. By constructing those improvements in conjunction with the auto center berming and Phase I bermtng, they would be protected. In turn, those who live west of Browning north of Bryan would not have any more flood water than in the years past. Haney sought clarification regarding development west of the railroad berm until the new channel is completed. Planning Commission Minutes October 14, 1985 page four Don responded affirmatively that interim improvements will be constructed and in fact that is the incentive the city is providing to the The Irvtne Company. Obviously, we are withholding development in the area between the rail berm and Browning Avenue, it is quite costly. The Irvine Company now has land they have approvals on and can't build. It provides a major incentive to install the improvements along the channel. Haney further asked if the channel is not completed and they request to develop that area, would it be a public hearing. Don responded that the channel does not have to be completed but constructed to accept the additional capacity. As soon as the channel trench is excavated and Mr. Ledendecker allows additional overflow water to run down the trench, the created additional capacity would then allow The Irvine Company to grade along Browning Avenue. Jackie expressed her confusion. She thought the channel had to be completed. Don responded the channel will be a functional overflow while it is being worked on. During that time period The Irvine Company takes a risk of losing all its construction work down in the bottom of the channel. It will be an overflow channel to the existing channel which will be the main channel creating a dual system. Until the new channel is excavated across the field, the city will not allow The Irvine Company to build in the single family area. Don answered that Bob Ledendecker will make the determination. Oscar Barnhardt, Karen Way, briefly reminded the Commission of the volume of water in the area in question and was concerned that the construction will act like a dam. Doesn't think the measures are adequate to keep water out of his and his neighbor's homes. C.L. Dalen, Burnt Mill Rd., echoed the concerns of the people in the neighborhood. Thought The Irvine Company is obligated to stand by the original plan submitted and approved by the city and thought the city ought to make them honor it. Carol Taylor, Farmtngton Rd., didn't think the single family home area west of the rail berm was sufficient incentive for The Irvine Company to improve the flood channel. Brad Olson, The Irvine Company, further commented that it is not the company's intention to delay the channel improvements or build the single family homes. Carol Taylor, further commented that all the other asphalt areas in the city will contribute to the flooding in their area. Chair Well closed the hearing at 8:32 p.m. Commission discussion ensued. McCarthy expressed his concern that the flood improvements were supposed to be done in conjunction with the auto center. The tract map was approved with the implied understanding that the flood improvements would be in place. Planning Commission Minutes October 14, 1985 page fi ve Don responded that from a legal standpoint the condition specifically applied to the map and was the basis upon which the residential area was approved. Condition 30 on the map of Tract 12345 was a condition that said for that area the Planning Commission delegated the City Engineer to require from The Irvine Company a plan to accommodate flood protection. Until that plan was submitted and approved TIC couldn't do anything. TIC submitted a plan that called for a three phase grading. City allowed TIC to grade in the two areas that would not affect homeowners west of Browning. Mr. Ledendecker still has the discretion to withhold the grading forever until he decides there is adequate flood protection provided for the third area. McCarthy reiterated that the housing was approved subsequent to the map being approved for the auto center and the development of the flood control. If the auto center is not approved the housing cannot go in. Lamm responded we are probably six months from any request for building permit in the Phase I area. When we get closer to the time for the permits and if the interim improvements aren't substantially underway, the city will have to question it. The conditions weren't written that way but the intent was there. White commented that The Irvine Company is doing the best they can. We can either move forward or stop the project. Stopping would not cause the channel to be constructed. Well restated the motion moved by Puckett, seconded by White to approve Amendment to Condition #19 of Parcel Map 84-1032 by the adoption of Resolution 2275. Motion carried 4-1, McCarthy opposed. 4. USE PERMIT 85-25 Applicant: Location: Request: Paragon Group 15901, 15951 and 15991Redhill Avenue Authorization to permit Steven Morrison, Attorney, as a tenant at 15991Redhill Avenue, occupying 752 square feet. The owner is also requesting a blanket authorization for the remaining12,000 square feet for office and commercial tenants. Presentation: Mary Ann Chamberlain, Associate Planner Chair Wetl opened the public hearing at 8:42 p.m. Seeing no one wishing to speak she closed the hearing at 8:42 p.m. McCarthy moved, Baker seconded to approve Use Permit 85-25 by the adoption of Resolution 2273 with the addition of a condition requiring a certificate of occupancy be issued to track information regarding the square footage, actual employee count and parking spaces available. Motion carried 5-0. 5. VARIANCE 85-7 Applicant: Location: Request: Emil Becker 14302 Cherrywood Lane (Laurelwood Patio Homes) Authorization to construct a swimming pool for therapeutic reasons while varying from the 5 foot sideyard setback requirements. Presentation: Mary Ann Chamberlain, Associate Planner Planning Commission Minutes October 14, 1985 page si x Chair Well opened the public hearing at 8:47 p.m. Seeing no one wishing to speak she closed the hearing at 8:47 p.m. Well requested Mr. Becket be especially mindful of the drainage to avoid water on his property draining onto his neighbor's property. Baker moved, Puckett seconded to approve Variance 85-7 by the adoption of Resolution 2274. Motion carried 5-0. AONI#ISTRATIVE MAITERS Old Business None. New Business None STAFF CONCERNS 6. Oral Report Concernin9 First Street Specific Plan: October 24, 1985 Town Hall Meetin9. Presentation: Donald D. Lamm, Director of Community Development 7. Oral Report on Council actions of September 16, 1985 Presentation: Donald D. Lamm, Director of Community Development COI~ISSION CONCERNS Well requested a legal opinion concerning a Commission member attending a Council meeting to provide background on appeals. Well introduced the letter from Mayor Greinke advising the Commission on procedures if they plan to run in the election for a Council seat. Well congratulated Ed Knight on his AICP exam. She requested staff draft a letter from the Commission. AOJOURNME#T McCarthy moved, Puckett seconded to adjourn at 9:10 p.m. to the next regularly scheduled Planning Commission meeting. Motion carried 5-0. K Chairman