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HomeMy WebLinkAboutPC Minutes 02-04-80 TUSTIN PLANNING AGENCY Minutes of Regular Meefin9 February 4, 1980 The Planning Agency held a regular meeting Monday, February 4, 1980, in the Council Chambers of the Tustin City Hall, 300 Centennial Way, Tustin, Cali- fornia. The meeting was called to order at 3 p.m. by Chairman Schuster. The Pledge of Allegiance to the Flag was led by Mr. Sharp and the invocation was given by Mr. Salfarelli. ROLL CALL Present: Chairman Schuster; Agency members: Sharp, Saltar'elli, Kennedy (3:03 p.m.), and Welsh Absent: None Also present: Mike Brotemarkle, Community Development Director Dan Blankenship, City Administrator Alan Warren, Senior Planner James Rourke, City Attorney Midge Mehl, Recording Secretary Other staff members: 4 General Audience 20 MINUTES The minutes of the regular meeting held January 21, 1980 were approved as written, wlfh the waiving of reading same. CONTINUED PUBLIC HEARINGS US~ PeFmit 80-1 and Tfntafiv9 Tract No, 10979 Applicant: Location: Request: Gfeller Development Company 228 West Main Street Authorization fo develop a professional office complex on the Stevens property. The fenafive tract map is filed for sub- division purposes. Mr. Brofemarkle said this continued public hearing was for seven office build- ings on the R-3 site, in a Queen Anne style architecture, with about 49,000 square feet. The staff has analyzed the project and submitted resolutions for favorable consideration by the Agency which contain all recommended conditions of approval. Chairman Schuster declared the public hearing open and asked if there was anyone further who wished fo speak in favor or opposition. Hearing no re- sponse, he asked the pleasure of the Agency. MOTION by Saltarelli, SECONDED by Sharp, to close the public hearing. AYES: Sharp, Salfarelli, Kennedy, Welsh, and Schuster NOES: None Mr. Sharp questioned the need for additional requirements for a landscape plan and a master sign plan. Mr. Brofemarkle said all the final development plans will be submitted to the Community Development Department for review and approval as normal procedure. The preliminary landscape plans have already been reviewed with regard fo Planning Agency Minutes - February 4, 1980 page 2. preserving the existing specimen trees on the property and for the instal- lation oF a new, expanded Victorian type garden. He said tho architectural rendering, displayed ~ the wall, showed the frees Fo bo saved and also the location of the expanded garden. Sharp asked if this rendering was fo bo incorporated by reference. Mr. Brofemarkle said final development plans must be in substantial confor- mance with the plans presented, includin9 parking, layout, landscaping, and architecture. He said signs would be in conformance with the requirements of t:~e Professional District of the Sign Code. Sharp requested notification when the Final plans were submitted. There followed a discussion regarding parking requirements and Ihe trend towards more parking spaces for compact size cars, and the underground park- ing structure. Mr. Brofemarkle said the parking structure is going fo require substantial engineering and there may be some slight modifications in the size of it fo assure that parking spaces are adequate. However, all [he standards would be kept to the miniumums indicated in the staff report. Mr. Saltarelli said it was his opinion that there should be a condition that requires the staff fo bring back fo the Agency, for final approval, ma]or changes in the layout. Mr. Brotemarkle said plans would be brought back to the Agency prior to permit issuance and staff would point out any changes. Mr. Welsh questioned that preservation of the existing Stevens home must be incorporated in the CC&Rs that run with the property and this was not clear in the resolution. Mr. Brofemarkle said this would be a part of the CC&Rs, including the possibility that the City will have ability to enforce those CC&Rs in tho event the pro]oct ever changed hands. Mr. Welsh rocorrrnended such measures be incorporated in the Resolution rather than lust in conversation. MOTION by Saltarelli, SECONDED by Kennedy, to approve Use Permi[ 80-1 and Tentative Tract No. 10979 by the adoption of Resolutions 1877 and 1878, with the conditions as recommended by staff, and with recommended additional con- ditions as discussed. AYES: Sharp, Salfarelli, Kennedy, Welsh, and Schuster NOES: None Use Permit 80-~ Applicant: Location: Request: 8urneff-Ehline Southeasterly corner of Irvine Boulevard and Holt Avenue Authorization for the construction of a 45,000 square foot office building. Mr. Brofemarkle said this request, also continued from the previous meet- ing, had main concerns regarding height, parking accommodations, architecture, and the guarantee of permanent use of the flood control channel. He said item No. 1 under New Business pertains to the last concern. He indicated corrections fo the staff report with height fo read ~'59" feet, not 51 feet and in tho Resolution that the 45,200 square foot figure be changed fo 47,500 square feet and 242 parkin9 spaces be changed to 249 parkin9 spaces. Chairman Schuster declared the continued hearing now open and asked if there was anyone fo speak in favor or opposition fo Use Permit 80-3. Planning Agency Minutes - February 4, 1980 page 3. Mr. Phillip Schwartze and Mr. Lee Stearns, representing Burnett-Ehline, presented some slides, showing how the proposed project would look in re- lation to the existing buildings in the area with height to roof of fop floor now at 59 feet. Mr. Schuster questioned why setbacks had not been modified. Mr. 5chwarfzesaid fha setbacks are controlled by a number of constraints in- cluding fha lease line of fha restaurant, the flood control channel, and fha existing florist shop which wants to remain until this building is completed. Mr. Gilbert J. Granito, attorney ropresenting Barbara Parker, tenant of fha florist shop, requested a continuance of this request until his client had ample time to review all aspects of this case. He said they were provided notice of the previous hearing, but notice of this meeting was received late Friday. He said that the florist shop fo be torn down for additional parking spaces was of ma]or concern and surprise and they needed to study the pro- posed project to see what the advantages or disadvantages would accrue fo the florist shop. Mr. Saltarelli asked if Ms. Parker owned fha building and had fha proposal been discussed with her. Mr. Granifo said she was a tenant on a long-term lease and had discussed it some time ago, but not in specific terms. Ms. Parker said she was approached some months ago and fold in general terms that this might happen and was asked what her feelings were. She was asked to meet with fha developers Monday, January 21 and they did not come fo any agreement about her going into the new building with them. She received fha plans about a week ago and hadn't had time fo study them; leaso agreemonts had not been discussed, and she was unsure about losing the free standing building. Mr. Richard Ehline said they entered info an agreement with Ray Larson about 14 months ago, resolved problems with fha Orange County Flood Control in order fo put in improvements, and then contacted Ms. Parker to discuss the upcoming plan. Af that time we discussed whether fha shop would remain as a free- standing building or if Ms. Parker would move to fha ground floor, have good identity and good parking. He felt they did a good ]ob of communicating with Ms. Parker and was surprised to learn that she had retained counsel to pursue this further. He said they had laid their plans out so Ms. Parker could remain open during the construction and would move her info the new facility once il was completed. He said if she preferred fo remain in the free-standing build- ing they would move the drive approach and reduce fha space within tho structure fo make the parking work. MOTION by Welsh~ SECONDED by Kennedy, to close the public hearing and deny Use Permit 80-3. Mr. Granifo stated it was not his intention to infer he wanted the request denied/continued. Mr. Welsh said the only reason to continue this item is if the Agency favors the height and architecture of fha building and does not feel if is incom- patible with the community of Tustin. Mr. Sharp said he was concerned about the height of the building and it's too imposing for that neighborhood. However, he was not supporting fha motion and thought if should be given additional thought by the applicant if something could be done to mitigafo the existing problems. Mr. Welsh said that was his thinking and he would support a continuance on that basis. Mr. Brotemarkle said he was not sure fhaf a two week continuance would be sufficient fo re-design plans, parking layouts, prepare new staff reports and recommendations since it would have fo be completed in six days. Planning Agency Minutes - February 4, 1980 page 4, Mrs. Kennedy said she was also concerned with the parking requirements and did not understand why a difference appeared fo exist between spaces re- quired for this and the Stevens complex. Mr. Brotemarkle explained the different requirements for the various types of uses. Mrs. Kennedy said she felt the restaurant didn't have ample parking now and would like greater discussion on parking. She, foe, objected fo the height of the proposed building. Mr. Sallarelli felt a property owner should have the right fo develop his property as he sees fit as long as it meets code requirements. He said simply because there was a height problem with this proposal, does not mean fhaf alternatives exist which can be considered at a continued hearing. He said if seemed there was lost space with this 4-story proposal and ~here has to be a solution fo development which is both economic and yet more compatible with the area. He was not concerned with the lease problems of the florist shop tenant as that is a legal concern between her and the landlord. He suggested the motion for denial be withdrawn, the hearing left open, and thai it be continued. MOTION by Welsh, SECONDED by Sharp, fo withdraw the original motion for denial and fo continue the open public hearing for Use Permit 80--3 until the next regular meeting fo be held February 19, 1980. AYES: Sharp, Salfarelli, Kennedy, Welsh, and Schuster NOES: None Variance 80-2 Applicant: Location: Request: Tune-Up Mas~ers 695 El Camino Real Authorization to vary with the sign ordinance for three (3) additional wall signs. Mr. Brofemarkle said at the last meeting this matter was continued, at the request of the applicant who had been called out of town. He said staff had been informed that the applicant is still out of town and would request another continuance until February 19. Chairman Schuster said since this is a continued hearing he would ask if ~hero was anyone to speak in favor or opposition fo this matter. Hearing no response he asked the pleasure of the Agency. MOTION by Welsh, SECONDED by Sharp, to continue the public hearing of Variance No. 80-2 until February 19. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None INITIAL pUBLIC HEARINGS Amendment to UsQ Permit 77-20 Applicant: Location: Request: W. Skinner and Associates on behalf of Trinity Broadcasting Co. 14131 Chambers Road Authorization for expansion of Trinity Broadcasting for a 26,580 square foot building in conjunction with satisfying the parking demands based upon work shift. Mr. Brofemarkle said Use Permit 77-20 was the original request for Trinity Broadcasting and now request an expansion of that permit for a 26,580 square fool' building. Trinity has an 8 to 5 office work shift and an audience studio Planning Agency Minutes - February 4, 1980 page 5. occupancy which is after 5:30 p.m. to 10:30 p.m.. They request permission to utilize 237 parking spaces in lieu of the required 257, which would be based on both occupancies simultaneously in operation. History of the existing operation shows no difficulties from granting of similar requests. Chairman Schuster declared the public hearing open and asked if there was anyone who wished fo speak in favor or opposition to Use Perm?t 77-20. Mr. Bill Skinner, representing Trinity Broadcasting said they were in agree- ment with the staff report, recommended conditions of approval, and hoped the Agency would look favorable on the request. The Chairman closed the public hearing as no one else was present fo speak. A discussion was held on the potential problems if the facility were fo be converted fo another use. It was determined that a complete conversion to industrial use would not offer major parking problemsi The unique character of the facility would not lend itself fo easy conversion and if violations of operational hours were fo occur among the uses, then the Use Permit 77-20 could be called before the Agency for appropriate action. MOTION by Kennedy, SECONDED by Saltarelli, fo approve Use Permit 77-20 by the adoption of Resolution No. 1876. AYES: Sharp, Salfarelli, Kennedy, Welsh, and Schuster NOES: None PUBLIC CONCERNS None OLD BVSINESS None NEW BUSINESS El Mod~n~-Irvine Chaqn¢l Construction Mr. Salfarelli asked if this pertained to Use Permit 80-3. Mr. Brofemarkle said fo a degree yes, but also to any future development which may wish to utilize the surface rights of the old earthen flood conlrol right-of-way. Therefore, this action was independent of the action on Use Permit 80-3. MOTION by Saltarelli, SECONDED by Welsh, to adopt Resolution No. 1879, finding fha: certain flood control and drainage improvements are in conformance with the City's General Plan. AYES: Sharp, Salfarelli, Kennedy, Welsh, and Schuster NOES: None CORRESPONDENCE None STAFF CONCERNS $igqing for H~w~ Auto P~rts in P~rklan~ Shopping Center Mr. Brotemarkle said concern over the master sign plan had been worked out between the owner of the center and Hawk Auto and the matter could be deleted from the Agenda. The Chairman so ordered. Planning Agency Minutes - February 4, 1980 page 6. Political Sign~ - Sign Code Mr. Brofemarklo said we are fast approaching that political 'advertising' time again, and he wanted to point out that the City's Sign Code, in the past, had created some problems in that political signs that are authorized under the Sign Code are fairly explicit and also the Code has a provision that prohibits the utilization of public property for political signs during an election campaign. Therefore, signs by zealous supporters placed on public right-of-ways, stop signs, poles, efc. have been commonly taken down by City staff, Also, when signs are seen by real estate companies who have quite restrictive levels of how they can use public right-of-ways for their signs, if arouses some concern. Staff was wondering if the Agency would like staff to prepare something that would permit political signs much in the same manner as real estate signs are permitted in the public right-of-way. He said it could be done by resolution, but if would put everyone who is campaigning for office on notice because we don't want candidates to think that staff is playing favorites because we fake signs oul of the parkway or medians. Mr. Schuster thought it was an excellent idea and said for staff to go ahead and draft a resolution. Mr. Blankonship said ho had discussed this with the cily attorney and had been informed that the City should have a more clear policy even though there may be some inference on our liability, but the problem of not regu- lating or stating firmly what is the correct method is worse in the end result. One thing we want fo do is fo be sure there are no signs placed in the medians because that is a safety and littering problem for both those who put the signs up and for the City crews who have to take then down. He said if seemed to him though that in the past years they had been permitted in the public right-of-way on tho parkways. He said he thought this was some- thing the Agency should look into. Mr. Welsh said he had no reservations in advocating that political signs be prohibited from public right-of-ways and center dividers. If does violate what we require a realtor, businessman or resident who has a garage sale to do. We certainly should be consistent in our policy. He thought tho sug- gestion was a very sound one. Mr. Salfarelli said part of America's nostalgia was puffing up political signs, banners, etc. He said we can rigidly control the City Council elections, and that is fine, but he would doubt that the City has ever been able fo control any other election signs. Getting your name in front of the public is part of the process-that's what makes democracy. He didn't think the Agency should create a new mass of bureaucracy for a once-every-two year process. We probably should inform candidates they have a limited time period to put signs up, be very liberal about it, and just bond everyone to make sure they take the signs down after ~he election. Mr. Brotemarkle said the problem seems fo be that some of the code sections currently prohibit placing any signs in the public right-of-way. What staff wants fo do is recognize this problem and know that there are going fo be signs in the public right-of-way. We want fo be able fo leave most of them I'here, but have grounds that if some are dangerous or block vision, they can be removed. Mr. Welsh said it was his understanding that by law it is already prohibited to post signs on utility poles. Mr. Blankenship said that is correct, however, the city attorney had explained fo him that a recent court decision ruled that the utility companies and cities may prohibit signs being placed on poles, however, the court would not uphold it. Mr. Rourke said that was correct; the judge ruled that that was part of the Planning Agency Minutes - February 4, 1980 page 7. American political process, Mr. Saltarelli said there was no need to fry fo control something you can't control. He felt the staff should come back with a recommendation that is reasonable and something we can go with. Mr. Schuster said he felt a resolution was in order and we could consider such a resolution al the next meeting. A~ENCy CONCERNS Mr. Saltarelli said the Pantry Shopping Center on Walnut has recently under- gone some remodeling. Although it's very nice, they have taken a nice open parking lot, put in long sweeps of concrete, and now 'nhen you get fo the aisles you have greater congestion and possible fender benders. He said he didn't know what the City's ordinances require on that, but every time some- one redoes a parking lot, it's like a maze. The curbed landscaped areas block good pedestrian access fo businesses in the center. He said he was disappointed in what he saw in the Pantry Shopping Center parking lot and would like the situation reviewed on completion fo see if there are be[fer alternatives. Mr, Welsh disagreed and said he was inclined to think when you have parking lots that are lust plain asphalt or concrete you can consider them almost speedways for fender benders. They are more likely to have accidents than one that has some form of direction for traffic flow, There is also the aesthetic value of breaking up an asphalt jungle with landscaped areas, ADJOURNA~ENT There being no further business fo come before the Agency, Chairman Schuster declared the meeting adjourned at 4:29 p.m., to meet again for a regular meeting to be held February 19, 1980 instead of February 18, which is a legal holiday, at 3 p.m., in the Council Chambers of the Tusfin City Hall. Sfeph~'n L. Schuster Chairman M.I. Mehl Recording Secretary