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HomeMy WebLinkAboutPC Minutes 01-19-81 TUSTIN PLANNING AGENCY Minutes of Regular Meeting January 19, 198l The Planning Agency held a regular meeting Monday, January 19, 1981, in the Council Chamber of the Tustin City Hall, 300 Centennial Way, Tustin, California. The meeting was called to order by Chairman Saltarelli at 3:05 p.m.. The Pledge of Allegiance was led by Mr. Edgar and the invocation was given by Mr. Saltarelli. ROLL CALL Present: Hoesterey, Edgar, Sharp, Kennedy, and Saltarelli Absent: None Also present: Mike Brotemarkle, Community Development Director Dan Blankenship, City Administrator Alan Burns, Deputy City Attorney Midge Mehl, Recording Secretary MINUTES The minutes of the regular meeting held January 5, 1981, were approved as corrected (the misspelling of Mike Botula's name in three separate places), with the waiving of reading same and with Mr. Saltarelli abstaining from the vote due his absence at that meeting. PUBLIC HEARINGS Variance 80-19 Applicant: Location: Request: R.S.J. Associates Northeasterly corner of San Juan and Red Hill Avenue Convert apartments to condominiums Mr. Brotemarkle presented the staff report. This particular property was within an unincorporated island and during annexation proceedings was the subject of an agreement approved by the City Council December 15, 1980, regarding the subject proposal as would have been acted upon by the County of Orange. In Resolution No. 1941, the implementing device necessary to approve a variance request for deviation from City condominium open space and parking standards in exchange for the development of an affordable housing program has been established. Me said he would like to call the Agency's attention to condition II. U of Resolution No. 1941 which was not in either the agreement nor discussed previously, but in order to fulfill the purpose of this 'affordable' housing program a marketing and monitoring plan should be submitted to the Community Development Department. It would stipulate the marketing method, sales program, qualifying procedures, and establish a reporting method to assure the effectuation of this affordable housing program. Staff wants the City to be continually aware of the progress being made in that regard. Chairman Saltarelli declared the public hearing open and asked if there was anyone who wished to speak in favor or opposition to Variance 80-19. There being no one to speak, Chairman Saltarelli declared the public hearing closed and asked the pleasure of the Agency. Mrs. Kennedy asked what formula was used to figure the median income range. Mr. Brotemarkle said we utilized the federal census information, which is annually up-graded by the State Department of Human Resources along with information from the State Department of Finance. MOTION by Saltarelli, SECONDED BY Edgar to approve Variance 80-19 by the adoption of Resolution No. 1941. AYES: NOES: Hoesterey, Edgar, Sharp, and Saltarelli Kennedy Planning Agency Minutes January 19, 198l page 2. Mrs. Kennedy said she sincerely believed that the program had merit and she hoped that it proved to be affordable housing, but since she could not see a guarantee of that, and since it would serve our community better by being apartments, she had opposed the request on the basis of density for condominums. OLD BUSINESS Resolution No. 1940 (Wuv's Restaurant) Location: 17502 Seventeenth Street Chairman Saltarelli said this apparently was deadlocked at the last meeting due to his absence. Mr. Brotemarkle said that was correct. This is the implementing approval for the monument sign request approved previously by the Agency. MOTION by Saltarelli, SECONDED by Edgar to approve Resolution No. 1940. AYES: NOES: Hoesterey, Edgar and Saltarelli Sharp and Kennedy NEW BUSINESS Tentative Tract 11330 Applicant: Location: Request: R.S.J. Associates Northeasterly corner of San Juan and Red Hill Condominium conversion Chairman Saltarelli said this was the implementing tract for what was just approved. Mr. Brotemarkle said that was correct. This is the single lot connected with the R.S.J. proposal at San Juan and Red Hill. MOTION by Edgar, SECONDED by Sharp, to recommend to the City Council approval of Tentative Tract No. 11330 by the adoption of Resolution No. 1936. AYES: NOES: Hoesterey, Edgar, Sharp, and Saltarelli Kennedy Use Permit Extension Request Applicant: Gfeller Development Company, Inc. Chairman Saltarelli said this was a request from the Gfeller Development Company to have an extension of time on Use Permit 80-1 due to the high interest rates on their project at Main Street. MOTION by Edgar, SECONDED by Kennedy, to approve the extension of Use Permit 80-1 for an additional six (6) months. AYES: NOES: Hoesterey, Edgar, Sharp, Kennedy, and Saltarelli None Courtyard Master Sign Plan Request Chairman Saltarelli said staff's recommendation was to approve this request for a sign plan modification, with the condition that the trademark identity cabinets are authorized in lieu of any other signing on the front walls of the shops; that any business I.D. signs which do not incorporate the full trademark shall conform to the original concept of individual channel letters; and that the sign background shall be opague to conform with the blackout background of the signs at night. Planning Agency Minutes January 19, 198l page 3. MOTION by Kennedy, SECONDED by Hoesterey, to approve the courtyard Master Sign Plan Request. AYES: NOES: Hoesterey, Edgar, Sharp, Kennedy, and Saltarelli None PUBLIC CONCERNS A legal representative of Toro Disposal Company requested Council con- sideration to modify the exclusive nature of our ordinance to permit residential and construction bins to be placed and picked up by Toro Disposal. He explained this would not affect City contractural re- lations with our trash service. Chairman Saltarelli advised that this was a matter for the City Council and would be agendized for their meeting two weeks hence. STAFF CONCERNS Correspondence from Mr. Robertshaw Mr. Brotemarkle said Mr. Robertshaw, the designer of the Clock Tower Building at 14742 Plaza Drive, had indicated that the building was de- veloped with a portion designed for the utilization of medical-dental and the other half being general offices. One half of the entire structure has been utilized for the purpose of a chiropractor's office and Mr. Robertshaw has another potential tenant, a dentist, who would like to take a portion of the second floor, however, this would exceed the fifty percent. It is his contention that a chiropractor should not be treated the same way as a medical or dental facility and should not have to comply with the same parking requirements. He said he had brought Mr. Robertshaw's concern to the Agency to ascertain whether (a) the Agency felt a chiropractor is properly classified in the medi- cal-dental area; and (b) are six spaces for 1,000 square feet exces- sive for a medical-dental complex. There followed a discussion and it was the consensus of the Agency that no action be taken on Mr. Robertshaw's request and the standards should not be changed. AGENCY CONCERNS None ADJOURNMENT Chairman Saltarelli declared the meeting adjourned at 3:35 p.m., to reconvene for the evening meeting to be held at 7:30 p.m. this date. Chairman Saltarelli reconvened the meeting at 7:35 p.m. All Agency members were present. PUBLIC HEARING Zone Change 81-1 Applicant: Location: Request: Initiated by City of Tustin 135 South "C" Street, southerly through 195 South "C" Street and 305 South "C" STreet through 325 South "C" Street. Change zoning from R-3 to C-2-P. Mr. Brotemarkle stated this request involved ten parcels of land on the east side of "C" Street, facing Peppertree Park and the School Ad- ministration site. The zone change, even though initiated by staff proposal, was originally instigated by a request from a property owner Planning Agency Minutes Jan,ary 19, 198] page 4. who owned property on "C" Street that was zoned R-3 and by the poten- tial office buyer of that property. The buyer indicated the escrow required the rezoning and it would be appropriate that the City rezone these properties since they were currently inconsistent with the Gen- eral Plan which called for commercial. He said staff didn't have any burning issue requiring to move it forward except the request of the property owner, since R-3 does permit, by use permit, office use on the subject properties. Of the ten properties it was determined two were part of an approved office proposal, two were mixed uses (resi- dential/commercial), and four residential. He said staff had received two communications; the first one being from Tom Kelly who agrees with the proposed action, and secondly, a letter from the same property owner who originally wanted the property rezoned commercially and now says he would request a postponement and retention of R-3. He said apparently the owner's intent to sell their property for of- fice use did not go through and now they would like to have their property retain its R-3 status. He said staff has no great feeling one way or the other since this particular request was instigated by the property owner initially, however, the property as R-3 is incon- sistent with the General Plan which calls for commercial zoning. Chairman Saltarelli declared the public hearing open and asked if there was anyone who wished to speak in favor or opposition to Zone Change 81-1. Mrs. Agnes Bacon, 140 Mountain View Drive, said the subject area, when they decided to have a park, would have been a nice place for apart- ments or condominiums and she thought it should remain R-3 and not have any more office buildings. Mr. Tom Kelly said he had a business on El Camino Real and owned prop- erty on "C" Street. He said somewhere along the line, since these properties are shown on the Master Plan as commercial, that we have to do something about it. He said the entire area should be rezoned to commercial and Ordinance No. 510, which is still on the books, calls out commercial. He said in order to encourage development in that area, that the Agency has to do something and he thought it should be rezoned all at one time and not piecemeal. Mrs. Margaret Bird, 158 North "B" Street, said she concurred with Mrs. Bacon; that this property had been considered R-3 for a long time and she thought there were more office buildi,gs in Tustin now than what they could use. She thought housing across from the park would be nice and the Agency remarked, earlier, that we needed more housing and she thought it should be developed with apartments or condo- miniums. Dr. Walter Flaherty, 190 El Camino Real, said this area should be com- mercial and he didn't feel the Agency could justify the residential living conditions that are presently there. Chairman Saltarelli asked if there was anyone else who wished to speak and hearing no response he declared the public hearing closed and asked the pleasure of the Agency. Mr. Saltarelli said his feelings were that the other side of the park is primarily residential and the R-3 zone does permit, with a use per- mit, office uses. He said this seemed to him to still be appropri- ate. He said he was not certain what kind of commercial would go there, but he thought something commercial should go there. Mr. Hoesterey asked if the Agency had greater control of the develop- me,t if it remained R-3. Mr. Brotemarkle said this was a unique area in that Ordinance No. 510, which has primarily served as an overlay zone to review architectural design, was designed to encourage commercial uses in this particular Planning Agency Minutes January 19, 1981 page 5. area. He said most projects, even though they may not come in for a specific use permit, could be subject to Agency review due to Ordinance 510. Chairman Saltarelli asked if the Agency would have more control if it was zoned commercial, or more control if it was still R-3. Mr. Brotemarkle said if it goes office, you would have more control than R-3; if it goes residential, you would have less control. Mr. Edgar said he felt the motel and the project that we have already approved, could be rezoned. In other words, rezone the land to the zoning that is compatible with useage, then leave those other parcels with the opportunity to stay R-3 or to consider some other request when it comes before us. Mr. Sharp said he didn't see any problem with that. Mr. Edgar said it was foolish for the Agency to have a zone on property that we know is committed for a long time to what is there. Chairman Saltarelli asked if staff had any problem with that. Mr. Brotemarkle said he would have to confer with legal counsel, but he believed that in a zone change request of this nature, you could delete certain properties from the consideration and grant the rezoning on those properties and reject the zoning on other properties. Further, the question of consistency with the General Plan needed to be addressed by the city attorney. Chairman Saltarelli said the map in their packet did not show the exact use of each lot. MOTION by Saltarelli, SECONDED by Kennedy, to continue this matter until the next meeting so that we can have a precise map that shows us the zoning and use of each parcel and the city attorney's advice on the issue of "consistency." AYES: NOES: Hoesterey, Edgar, Sharp, Kennedy, and Saltarelli None ADJOURNMENT There being no further business to come before the Agency, Chairman Saltarelli declared the meeting adjourned at 8 p.m., to meet again for the regular meeting to be held February 2, 1981. Cha i rman M.I. Mehl Recording Secretary