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HomeMy WebLinkAboutPC Minutes 07-21-80 TUSTIN PLANNING AGENCY Minutes of Regular Meeting July 21, 1980 The Planning Agency held a regular meeting Monday, July 21, 1980, in the Council Chambers of the Tusfin City Hall, 300 Centennial Way, Tusfin, California. The mooting was called to order by Chairman Saltarelli af 3:02 p.m. The Pledge of Allegiance was led by Mr. Edgar and the invocation was given by Mr. Hoesterey. ROLL CAL~ Present: Chairman Saltarelli; Agency members: and Kennedy Hoesterey, Edgar, Sharp, Absent: None Also present: Mike Brotemarkle, Conmunity Development Director Dan Blankenship, City Administrator James Rourke, City Attorney (3:10 p.m.) Karen Beardsley, Recording Secretary MINUTES The minutes of the meeting held July 8, 1980 were approved as written, with the waiving of reading same. CONTINUED PUBLIC HEARING Use Permit No. 80-12 Applicant: Location: Request: American Displays, Inc. 1382 Valencia Avenue (parking lot) Authorization for a private heliport Mr. Brofemarkle presented the staff report and stated fhaf the report was up-fo-date in regard fo the facility; the various activities of the FAA; the Orange County Airport Land Use Commission; and the actions of the applicant. He said staff's recorrrnendation was favorable, however, with the stipulated conditions of approval and that if shall conform with all regulations of FAA, the Airport Land Use Commission, and the State Board of Aeronautics with the City receiving substantiation fhaf the applicant is in compliance with those agencies. Further, fhaf the applicant keep to a minimum any flights over resi- dential areas and lighting of the landing pad along with a chain link fence around the perimeter of the actual heliport. Finally, the plans shall be re- viewed by The Irvine Company. Chairman Saltarelli declared the public hearing open and asked if there was anyone who wished fo speak in favor or opposition to Use Permit 80-12. Ms. Kathy Weil, 1702 Summerville, stated she represented the Tustin Meadows Community Association which is located rather close fo Valencia Avenue, and she wanted fo know if she could request that there not be any flights over the residential areas. Mr. Saltarelli said yes, she just did. Ms. Weil asked if the helicopter was to be used merely for transportation or would if be used Cot advertising purposes. Mr. Saltarelli said according to the application if would be used primarily for transportation. Ms. Well said in that case, there would be no opposition. Mr. Bill Woods, President of American Displays, said the only part of staff's recornmendafion they did not understand was the need for the Quartz security lights. He said they would have no nighttime operations and the machine would not be left out af night as if would be stored either inside or af the John Wayne Airport. Planning Agency Minutes - July 21, 1980 page 2. Mr. Saltarelli asked if there would be any flights anticipated over residential areas in Tustin and would they be primarily flying between their property and the John Wayne Airport. Mr. Woods said they intend to fly passengers to and from LAX, taking off westerly and following a main street that runs to the Santa Ana River basin and then directly over the river to the ocean. He said if they should bo directed by the John Wayne Airport fo fly over any residential area, they would fake all safety regulations and use noise abatement procedures. He said they would take every precaution not fo fly over any residential area unless directed fo do so. I_1. Colonel Verbeck, MCAS, said they had been talking with Mr. Woods concerning the operation and have discussed the primary concern of a conflict of traffic, but have been assured fhaf they would be in two-way communications with the John Wayne Airpcrt and, of course, the Marine Corps with tho same frequencies would be monitoring them fo be aware of all flights in and out of fhaf area. Air safety and noise abatement are the two main concerns of the Marine Corps and it was felt that these had been resolved. Chairman Saltarelli declared the public hearing closed and asked if there were any questions from the Agency. Mrs. Kennedy asked why staff had recommended the Quartz floodlights. Mr. Brofemarkle said 1he staff was under the assumption that there might be nighttime activities and should the Agency desire fo omit fhaf condition, staff ~uld recommend they be restricted fo no nighttime activities. He said even though American Displays may not be doing any nighttime flying, the use does run with the land and any future owner should also bo restricted fo no night- time activities. There followed a discussion about a justifiable use of the heliport and the need fo prefect residential areas from over flights. Mr. Sharp said he saw no problem with this request; however, future requests could prove cumulatively to bo a problem. He said he was concerned about a precedent that might be established by action on this request. Mr. Saltarelli said ho could see no justification for the proposal. Mr. Brotemarkle said if they did use air space east of Red Hill Avenue they would no longer be under control of John Wayne Airport tower, but would then have fo conform to regulations of the Marine Base. Mr. Woods reiterated that use of the helicopter was a necessity for his company with operations nation-wide and not a luxury convenience. One missed flight could cost them 1O's of thousands of dollars in advertising preparation. They employed a professional pilot with extensive experience and licenses for an aircraft except commercial passenger jets. He requested that the condition on flights over a residential area be worded fo permit pilot discretion in a situ- ation he deemed hazardous or requiring evasive action. MOTION by Edgar, SECONDED by Kennedy, to approve Use Permit 80-12 and Resolution No. 1905, as amended, [the deletion of the requirement for floodlights, the addition that the action authorized only daytime activity, and the rewording of the condition regarding pilot discretion and "emergency" flight patterns over residential areas]. AYES: NOES: Edgar, Sharp, and Kennedy Hoesterey and Saltarelli INITIAL PUBLIC HEARING VCrj~pce 80-12 Applicant: Location: Request: Eugene F. and Rifa C. Turf 1500 Nisson Road Authorization fo vary with certain provisions o¢ Zoning Code Ordinance No. Z57, to allow expansion of a non-conforming resi- dence in a 6-1 zone. Planning Agency Minutes - July 21, 1980 page 5. Mr. Brotemarkle presented the staff report. He said staff recommended approval provided a cash deposit be submitted for all required s[reef improvements, clearin9 the public right-of-way of vegetation impairin9 visibility, the re- duction of the proposed front wall from 7' fo 3' in height with all interior walls and fences not fo exceed 6'8" in height, fhaf the three (3) non-conformin9 billboards bo removed prior fo issuance of the buildin9 permit, and that there be a recordation of a parcel map fo subdivide the property for its [rue uses. He said the property is unusual in shape and if abuts a freeway. He said with the conditions outlined the staff would recor~nend approval. Chairman Salfarelli declared the pL. blic hearing open and asked if there was anyone who wished fo speak in favor or opposition fo Variance 80-12. Mr. Gene Tutt, the applicant, said he thought the conditions contained in the staff report were certainly appropriate to develop the property fo a permanent use. He said in spite of the fact that the nursery has been in existence for some nine years, it was and continues fo be a fermporary use as is their place of residence. He said if was obvious to anyone that the future of the property is commercial and they have considered various development alternatives for a number of years, and had recently come fo the conclusion fhaf any permanent de- velopment was probably several years off~ therefore, they decided fo remain in the house and make some additions. To require the pcsfing of a cash bond for the installation of the future street improvements he thought was unfeasible. They do not object to the improvements themselves, but the fact is that the improvements cannot be installed because of existing topographical conditions. Clearance of the shrubbery was a desire on their part also, The reduction of the front wall from 7~ is~ he thought, an acceptable condition even though their objective of noise attenuation would not be fulfilled. He said removal of the three billboards would not be acceptable, because they were not in a position fo disafford themselves of the income. Recording of a parcel map, sub- dividing the property for the true uses, he did not object to except fo the time that is required fo process a parcel map. He said the lease on the nursery is only a month-fo-month situation as a holdi, ng use. We would like fo improve the house and continue fo live there. If all these conditions are imposed, that would not be possible. Chairman Saltarolli asked if there was anyone else who wished fo speak and hearin9 no response he declared the public hearing closed and asked if the Agency had any questions. Mr. Salfarelli said if seemed inappropriate fo require major improvement expendi- tures for someone fo make their residential living condition more palifable. He said the property has some very serious detriments as a residence with the noise from the freeway, traffic on all sides, the operation of a gas station and a restaurant, etc. and he felt that almost any improvements ought to be generally in the interest of the city at lar§e and certainly to the people who reside there. He was not against having a sidewalk p~t in and certainly he thought the over- growth should be cut back for better visibility along Nisson Road. Mrs. Kennedy asked how long the billboards had been there and how many were there. Mr. Brofemarkle said there were currently three billboards on the property and he was not sure of the original date, something over nine years for af least two of them. Upon questioning, Mr. Rourke agreed with Mr. Brofemarkle fhaf the best method of eliminating billboards was through the use permit process. Mrs. Kennedy asked if the Agency could require fhaf these billboards be removed over a certain period of fime~ giving the applicant two or three years to phase them out. Mr. Rourke said you could do that, but he didn't think that would be as effect- ive as making if a condition prior to issuance of building permits. Mr. Sharp said he remembered when this came before the Planning Commission about Planning Agency Minutes - July 21, 1980 page 4. 8 or 9 years ago and [he same arguments were presented then as now. there followed a discussion about the requirements for street improvements, a cash bond or surety device at this time, the requirements for the removal of billboards, and the wall height. MOTION by Salfarelli, SECONDED by Hoesferey, to approve Variance 80-12 with the provisos that the applicant be required fo clean out the shrubs along Nisson Road; and that he make changes in the wall that are necessary for clear traffic visibility for the property. Mrs. Kennedy said she would like to offer a substitute motion. MOTION by Kennedy fo postpone this hearing until the next meeting, in order to hear the resolution of billboard legislation that is before Governor Brown. There being no second the motion died. Chairman Saltarelli asked for a vote on the original motion. AYES: NOES: Hoesterey, Sharp, and Saltarelli Edgar and Kennedy Mr. Edgar said he voted no because of the billboards. He said he felt they should be removed. OLD BUSINESS None NEW BUSINESS None STAFF CONCERNS None AGENCy CONCERNS Mr. Sharp said with respect to billboards, the City had developed an ordinance which called for the removal of billboards and there were ways to amorifize the use and cost fo the owners. However, due fo litigation many billboards in town are still up even though they shouldn't be. Ho asked why the Agency should waste time and effort fo develop sections of the sign code or individual ordi- nances if the courts or legislature make it unenforceable. We had public hearings and almost everyone agreed it would make our [own look better, but the billboards are still here. He said this really bothered him. He said now we are being eased, by the legislature, into having fo pay for the billboards as they are re- moved. He said he didn't think the City could afford fo remove billboards under those conditions. Mr. Edgar and Mrs. Kennedy also voiced [heir concern regarding billboards. Chairman Saltarelli requested s~aff fo research this matter, prepare a letter fo the Governor, fo ascertain and inform the Agency of the outcome of the suit and bill now pending. ADJOURNMENT Kar e-n Beards I dy Recording Secretary There being no further business fo come before the Agency, Chairman Salfarelli adjourned the meefin9 at 4:33 p.m. fo meet again for a regular meefin9 fo be hald August 4, 1980. Donald J,~Fta'~elli Chairman,/