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HomeMy WebLinkAboutPC Minutes 12-03-79 TUSTIN PLANNING AGENCY Minutes of Regular Meeting December 3, 1979 The Planning Agency held a regular meeting Monday, December 3, 1979 in the Council Chambers of the Tustin City Hall, 300 Centennial Way, Tus[in, California. The meeting was called to order af 3:02 p,m, by Chairman Schuster, The Pledge of Allegiance to the Flag was led by Mr. Sharp and the invocation was given by Mr. Welsh. PRESENT: Chairman Schuster, Agency members: Sharp, Salfarelli, Kennedy (3:05 p.m.), and Welsh ABSENT: None Also Present: Mike Brofemarkle, Community Development Director Alan Warren, Senior Planner James Rourke, City Attorney Dan Blankenship, City Administrator Midge Mehl, Recording Secretary Other staff members: 3 General public: 10 MI NUTES The minutes of the meeting held November 19, 1979 were unanimously approved as written, with the waivin9 of readin9 same and with Mrs. Kennedy not vofin9 for the approval due fo her late arrival. PUBLIC HEARINGS Housing ~l~m~nt of the General Plaq for the City of Tu~fin Mr. Brofemarkle said this concerned the transmitted Housing Element to the General Plan, prepared under the direction of Dr. Kenneth Fleagle, Consultant fo the City, with the input advice of the Citizen's Housing Ad- visory Committee over a period of approximately two and one-halF months. He read from the abstract of tho document, relating a summary of ifs con- tents and indicated the housing element was prepared in compliance fo Section 65302 of the Government Code of the State of California and super- ceded the housing element adopted in 1973. He said both Dr. Fleagle and Hollis Griffin, the Chairman of the Ci[izen's Housing Advisory Committee, were present should the Agency have any questions for them. He further stated that the resolution before the Agency had been carefully drafted in order fo allow the Agency fo forward this document to the City Council with the Council still free fo make amendments or modifications in the document without requiring reconsideration by the Planning Agency. The reason for this is due fo the dire time straits that the state has imposed upon housing elements. Chairman Schuster declared the public hearing open and asked if there was anyone who wished fo speak in favor or opposition fo the Housing Element. Mr. Hollis griffin explained his position as Chairman of the Citizen's Housing Advisory Committee and sfafed that the Co~if[ee had spent many hours with Dr. Fleagle, working on fhi£ document and if was felt by all Committee members fhaf this document was a very well written and fair docu- ment. He thanked Dr. Fleagle for his patience in answering all their questions and his explanation of their many inquiries. Mr. Nick Ogden said he had comments regarding condominium conversions, found on page 80 of the document. He said he realized the tremendous amount of time and study fhal had gone into this Housing Element, but he didn't feel a lot had been accomplished as far as the problem relative to condominium conversions. He felt fhaf under certain circumstances the amount of money paid fo a tenant who elected no~ fo purchase a un f being converted to Planning Agency Minutes - December 3, 1979 page 2. condominium, bu~ fo move to another apartment, should be more than twice the amount ofthe monthly rent. He said the other concern was regarding deposits, efc. He Felt that should be spelled out in more detail. He said he Felt the developer would be taking the easy road our and would interpret that as not having fo do it. The other item had to do with moving expenses; needs fo be spelled out as fo an amount. He felt the landlord should become involved in firding a place For the tenant being forced fo move out. He also felt the definition of Iow cost housing was not clear as his thinking of Iow income might be different than that of a developer. He thought an amount should be spelled out. He wanted fo point out that in his and the senior citizens' opinion, there is still much modification fo be made in the area of condominium conversions. Mr. Phil Anderson said he was one of the members of the Citizen's Housing Advisory Committee and he wanted fo comment on some of the questions raised by Mr. Ogden. He said he felt' the intent of tho Camrniffee was fhaf each time there was to be consideration of a condominium conversion there would be a document put for[h to the City as a condition of a use permit fhaf the developer submit a relocation assistance plan fo the Planning Agency and Council. He felt this would be more adequa[e than fo place a dollar figure in the Housing Element. We don't want fo put an excessive burden on tho developer, but by the same token we want fo be fair fo the apartment tenant. Mr. Ogden said iF each condominium conversion would be heard :~n its own individual merits; ifs own individual rules, then that wcald put Ihings in an entirely different light. The Chairman asked if there was anyone else who wished to speak in favor or opposition to the Housing Element and hearing no response he asked the pleasure oF the Agency. MOTION by Kennedy, SECONDED by Saltarelli, fo close the public hearing and recommend approval of the Housing Element fo tho City Council by the adoption of Resolution No. 1859 and further that letters of apprecia[ion be sent to all members of the Citizen's !4ousing Advisory Committee. AYES: NOES: Sharp, Sal[arelli, Kennedy, Welsh, and Schuster None Dr. Floagle said there was never a citizen's advisory commif:ee fhaf worked any harder or conscientiously and came fo a belier consensus than this one and he, for one, greatly appreciated their assistance. Varianc~ 79-7 Applicant: Location: Request: Walter Foster 430 West Sixth S~reot Authorization fo vary with the rear 10' setback in the Planned Industrial District. Mr. Brofemarkle said tho request is for the 10' setback fo be reduced down fo a minimum oF 1'. He said the staff report covered the concerns of the Engineerin9, Fire, and Buildin9 staff and the majority of those particular conditions would be applicable regardless of the setback bein9 9ranted or not. He said the two key items which have been brought up are the reduced rear yard and the Pack of on-site truck manueverin9 area. The property does abut permanent freeway open space, it is an area highly impacted by noise, part of the building would still be shielded from the freeway by the plant- in9 alon9 the right-of-way and with enhanced architectural features if could be an asset along that r'ighf-of-way. This Ioadin9 area for the trucks would necessitate the maneuverin9 of trucks on Sixth Street fo back into tho space For unloadin9 purposes. If has been staff policy, in the past, to attempt fo 9et all maneuverin9 area on-silo. The applicant in response fo this concern of staff indicated that the area would be used less than once a week for a 45' trailer and therefore the request should be 9ranted. Planning Agency Minutes - December 3, 1979 page 3. Chairman Schuster declared the public hearing open and asked if there was anyone who wished to speak in favor or opposition to Variance 79-7, Mr. Hutchison, representing the applicant, said he would answer any questions the Agency or staff might have. He said they had no objections fo the recom- mended conditions. Mr. Welsh asked Mr. Nufchison if he was cognizant of the potential state acquisition of land for realigning the freeway. Mr. Hutchison said yes, they were aware of fhaf possibility. There was a discussion of the affect the acquisition of land for freeway purposes would have upon this prelect; the manner of ;'4aneuvering the trucks on Sixth Street; and how if would affect residential traffic and/or resi- dences in the i rrrnediafe area. Mr. Foster said there would be plenty of room for the truck to maneuver inlo the area where the deliveries would be made and it would not be parked on the street at all. Mr. Brofemarkle said the proposed design, even though below standard, does better the existing situation. Currently the delivery trucks utilize another loading dock, immediately easterly of the existing facility, and the depth is insufficient to get the larger trucks off tho street. Trucks protrude info the public right-of-way now at the delivery dock. Mrs. Kennedy said she had the greatest respect for the Foster complex, however, to give a variance the Agency must find a hardship and she didn't see one. She saw a definite precedent to allow this development fo have no setback when we require a lO' setback on all of our other developments. She was concerned about the landscaping, maintenance, and the fact that free- way access would be the only way to maintain or alter the property and she would recommend that the Agency stay within the City standards. MOTION by Kennedy, SECONDED by Welsh to deny Variance 79-7 for the reasons stated by Mrs. Kennedy. Mr. Welsh said he seconded the motion for the sake of discussion. He then asked Mr. Brotemarkle if if would not be impinging upon the residential property dwellers across the street with truck manuevering such that one property would be infringing upon the rights of another individual's. Mr. Brofemarkle said whenever you have any mixed uses, especially industrial or commercial on the same street as residential, there is going to be some degree of impingment. He thought that regardless of the design there would be additional traffic and employees which would possibly be an inconvenience on the property to one degree or another. Mr. Salfarelli said it appeared fo him that all they.were really talking about was whether the building is fen feet from the freeway or one foot from the freeway property line. They need to make efficient use of the property; yet understand that sometime in the future that DOT may come along and condemn any, all, or a portion thereof. We do have other build- ings with a zero setback alongside freeways and that lessens the necessity for very difficult maintenance alongside the freeway and he thought this was a benefit. It would cause a hardship if the owner had fo maintain It.at fen foot setback. Therefore, he would vote aginst the motion. Mr. Schuster asked the pleasure of tho Agency on the motion. AYES: NOES: Kennedy Sharp, Saltarelli, Welsh, and Schuster Planning Agency Minutes - December 3, 1979 page 4. MOTION by Saltarelli, SECONDED by Sharp, fo approve Variance 79-7 with the conditions as recommended by the Planning staff. AYES: NOES: Sharp, Saltarelli, Welsh, and Schuster Kennedy Mrs. Kennedy asked if the development would have fo have additional sound- proofing since if abuts the freeway. Mr. Brofomarkle said they would be less impacted by noise because of the blank industrial building wall without openings, which would separate them From the freeway and that is a substantial acoustical separation. Mrs. Kennedy stated that if there is validity to this, then perhaps we should change our code so we don't have fo have these requests considered under the rule of hardship for a variance. Mr. Schuster agreed. Mr. Saltarelli said he did not see the reason to change the City Code. We have thousands of parcels of property within the city and that is the reason for a variance procedure, only so many have such special circum- stances, Mrs. Kennedy said the variance procedure is costly to the business community, if if was in the code we would not have fo charge our businesses with fees. She would like to at least ask the staff fo look inlo tho matter. She asked if the Agency concurred with that? Mr. Brofemarkle said staff would look into this, including all permanent open spaces such as flood control right-of-ways, in addition fo freeway oriented properties. PUBLIC CONCERNS None OLD BUSINESS None NEW BUSINESS Fipal Tract No. 10677 Applicant: Quail Place Development Location: 17522 Vandenberg MOTION by Saltarelli, SECONDED by Sharp, to approve Final Tract No. 10677 and fo recommend approval 1'o the City Council by the adoption of Resolution No. 1858. AYES: NOES: Sharp, Salfarelli, Kennedy, Welsh, and Schuster None AGENCy CONCERNS TFaffic at Irviq~ and Yorba. Mrs. Kennedy said she had been approached by two high school students who complained about the traffic and turning movement at Irvine and Yorba. She had asked Mr. Ledendecker, City Engineer, if that was a problem corner. Mr. Ledendecker said information showed that from 1978 fo the present time there were six accidents due specifically fo left turn movements; there were 18 fo 20 others. To provide left turn signs at this intersection would cost about $65,000. A project has been submitted and received preliminary approval under the FAU program, to modify all the signals alon9 Irvine Boule- vard between Yorba Street and Red Hill Avenue, and 1'o install some raised medians while reconsfructin9 the roadway. This was scheduled in 1981; how- ever, there are some indications that we may be able fo 9et this thing moved Planning Agency Minutes - December 3, 1979 page 5. up to an earlier date. Air. Schuster asked if a left-turn signal at Irvine and Yorba ~ould stack up traffic coming off the Newport Freeway onto Irvine Boulevard. t,%~. Ledendecker said that whatever modifications are made on the signal a~ that intersection would have to be tied in with the signals at both off-ramps, both in Santa Aha on the west side and the signal on the east side, Removal of a certain amount of seconds out of a cycle on a signal fo give protective left turn movements is going to delay other traffic. Adeouacv of an Environmental Imoact Reoort (mCASFH1). ~r. Salfarelli said ne had spoken fo Dr. Fleagle regarding the housing tho' is to be under con- strucfion soon at the Marine Corps base. Today he had received information that ,he candidate environmental impact statement for ~he t¢~rine Cdrps projec, does not address the proposed si,e on Harvard Road~ bu, rather ad- dresses another location on ,he base. He said the circulation system and utility services for ,he area are mat,ers of great concern and he felt a poten,iai significant impact. We have had discussions during several months from which we had a negative response relative fo fha new proposed alignment o¢ ~yFord Road. The ~arine Corps basically turned a deaf ear to ,base problems and refues ,o consider the possibilities of allowing a road fo go through. Even though such a road would be designated fo have minimal impact on the base. These matters, as well as ~he requirements of ~he National Environmental Protection Act have not bee~ addressed in re- lationship to the proposed site. Therefore, he would request fha, Council direc, the staff ,o co..'rm, unicate this concern, i~mediately, to ~he Commanding officer of the ~arine Corps base and if ~his matter canno? be resolved relative fo traffic, utilities, etc. from fha environmental ramifications of the proposed project, the City must look into takin~ action which ,~uid enjoin construction of housin9 related to ~CAS. tar. Welsh asked if that was a motion. Mr. Saltarelli said yes, that staff should comxnunicate this concern as discussed. Welsh said he would second the motion i~ part o¢ ~r. Saltarelli's mo~ion ~,ould also be in fha positive vein. He fhough~ fha; rhe opportunity increasing the supply in cur co..,rm, unify of Iow ccsf housing was certainly 0~ing addressed in fha project and he thought it shoulc be encouraged. If ~hat is part of your motion, then l will vote for it. ,'.tr. Saltarelli said his comments weren't addressed to the numerical aspect in the provision o~ lo,A--cost housing. He wouldn't dispute ~he fac~ 1hat the ~arine Corps needs such additional housin9. The question is how does this impact the existing co.'rvnunity. Red Hill Avenue ca~ virtually support no more cars; the Myford Road realignment is needed very drastically fo help relieve traffic congestion 9oin9 into residential areas; and this' matter has not been looked into. As a matter of fact, to my knowledge, no environmental impact statement has been prepared and they are aboul ready to begin construction o~ that housin9. The Chairman asked the pleasure of the Agency on ~r. Salfarelli's motion. A'~S: A D J C~J R l~. ~,~E NT Sharp, Saltarelli, Kennedy, and Welsh · Schuster T~ere bein9 no further business fo come before the Planning Agency the Chairman declared the meeting adjourned at 4:12 p.m., fo meet again for a regular meetin9 fo be held December 17, 1979. Pro Tern M.I. Mehl Recording Secretary