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HomeMy WebLinkAboutPC Minutes 11-19-79TUSTIN PLANNING AGENCY Minutes of Regular Meeting November 19, 1979 The Planning Agency held a regular meeting Monday, November 19, 1979, in the Council Chambers of the Tusfin City Hall, 300 Centennial Way, Tusfin, California. The meeting was called to order by Vice-chairman Saltarelli, in the absence of Chairman Schuster, af 3 p.m. The Pledge of Allegiance fo the Flag was led by Mrs. Kennedy and the invo- cation was given by Mr. Saltarelli. Present: Vice-chairman Saltarelli, Agency Members: Sharp, Kennedy, and Welsh Absent: Chairman Schuster Also Present: Mike Brotemarkle, Community Development Director Dan Blankenship, City Administrator Mary Wynn, Recording Secretary Other staff members= 2 General public: 11 MINUTES The minutes of the regular and continued meetings held November 5, 1979 were approved as written, with the waiving of reading same. pUBLIC HEARINGS UsC Permit 79-29 (continued) Applicant: Location: Request: Wuv's Restaurant 17502 17th Street To locate a restaurant with an accessory drive-through facility in Enderle Center, on the southeast corner of Enderle Way and 17th Street. Vice-chairman Salfarelli asked if there were any questions from the Agency prior to continuing the public hearing. Previous concern for ingress/egress and the position of the MerchantLs Association was discussed. The applicant had submitted for additional Agency review a letter which, in summary, outlined the historical circum- stances of the Center and requests this minor deviation, compatible with the plan, providing less traffic and congestion than a proposal for a drive- through bank. The letter further pointed out that the site is not part of the main retail portion of the Center and should not have an impact on the merchantst concerns. Mrs. Kennedy requested information regarding the overflow parking that could occur if this request is approved and she didn't see this concern in the staff's report. Mr. Brotemarkle said the staff felt the applicant's letter addressed that issue; fhere wouldbe parking fo Code, and perhaps af some peak time there could be overflow parking fhaf would make utilizalion of the first available space one could find, but specifically where overflow parking would go could not be ascertained. Vice-chairman Salfarelli asked if there was anyone further from the audience who wished to speak in favor or opposition fo Use Permit 79-29 and hearing no response he declared fha public hearing closed and asked the pleasure of fha Agency. Planning Agency Minutes - November 19, 1979 page 2. Mrs. Kennedy asked if any member of the Merchant's Association had con- facted the staff. Mr. Brotemarkle said no one from the Association had contacted Community De- velopment, however, representatives of Enderle Center had indicated fhaf most of tho poopl.e af the initial hearing had addressed the Agency as individuals rather than on behalf of the entire Merchant's Association, The Association, he said, has taken no position on this matter and it was his understanding that a number of the members have withdrawn their complaints concerning the proposal. Mr. Welsh said he had been contacted by some merchants of Enderle Center who indicated they no longer have reservations about ~his request. Mrs. Kennedy said she had researched back to the time the Agency originally approved Enderle Center and didn't feel fhaf this reauest would have been approved under the original plan. She asked if staff was going to monitor the parking reauirement and straighten out tho seating discrepancy which seemed fo have been a concern. Mr. Brotemarkle said yes; that would bo brought fo a satisfactory solution before permits could be issued. MOTION by Saltarelli, SECONDED by Sharp, to approve Use Permit 79-29 by the adoption of Resolution No. Z850 and that staff forward copies of the final development plans to the Agency when they are submitted. AYES: NOES: ABSENT: Welsh, Sharp, and Salfarelli Kennedy Schuster ~onq Change 7~-~ Applicant: Location: Request: Raymond J. Larson on behalf of Burnett-Ehline Company Southeast corner of Irvine Boulevard and Holt Avenue A zone change from Retail Commercial District (C-Z) fo the Planning Corrrnunify Commercial District (PC-Commercial). Mr. Brotemarkle pointed out the sub;ecl property. He said there are certain uses permitted as a matter of right, to be developed under the C-Z classifi- cation; however, the applicant intends to go into a planned development type possibly up to 4-story structures. The applicant is reauesting this property have a PC-Commercial zoning in order that they can pursue a master site plan and come back to the Agency for consideration under a use permit application. If has been pointed out fo the applicant that although the PC-Commercial zoning is more flexible, if would require future consideration by the Agency. Mr. Welsh asked if the applicant's main purpose for a zone change is fo increase the height of structures. Mr. Brotemarkle said yes, fo be considered as a part of a later use permit review. Mr. Welsh asked if the applicant had received from staff the impression that staff had no serious objections contrary fo previous policies of the Planning Agency and Council, and the Community. Mr. Brofemarkle said the applicant is not requesting any height beyond that similar fo Mervyn's Department store, and not fo exceed 4 stories; at this point we really don~f have a project to look at. The applicant's request, af this time, is to amend the zoning so he could start the design process fo bring a plan fo the Agency for their review. Mr. Salfarelli asked if there was more control under a PC zone than under a straight Commercial zone. Planning Agency Minutes - November 19, 1979 page 3. Mr. Brofemarkle said that was correct. Any use under a PC zone has to be reviewed by the use permit procedure. Mr. Welsh asked if the applicant was aware fhaf an approval of a zone change was not automatically an approval for a particular height. Mr. Brotemarkle said yes, the applicant realizes that. Vice-chairman Salfarelli declared the public hearing open and asked if there was anyone fo speak in favor or opposition to Zone Change 79-5. There being no response the Vice-chairman declared the public hearing closed and asked the pleasure of the Agency. Mr. Sharp said he didn't want anything in the Agency's action fhaf would indi- cate any kind of consideration or approval of any height limits at all. He didn't want the developer to think this action permitted planning anything higher than 35' MOTION by Welsh, SECONDED by Sharp, to approve Zone Change 79-3 and recommend approval fo the City Council by the adoption of Resolution No. 1854. AYES: NOES: ABSENT: Sharp, Kennedy, Welsh, and Saltarelli None Schuster V~ ?~rmif 79-32 Appl i cant: Locat i on: Request: Atlantic Richfield Company 14231 Red Hill Avenue af Mitchell Street To modify the existing gasoline service station info a mini-market, selling items normally sold in a convenience market and self-serve gasoline station. Ntr. Brotemarkle said staff had nothing to add fo what was already contained in the staff report. Mr. Saltarelli asked if they were planning to sell alcoholic beverages. Mr. Brotemarkle said it was assumed they would be requesting an ABC license for fha off-sale use similar fo a convenience market. /Vr. Welsh asked if the sign program met our ordinances. Mr. Brotemarkle said that was correct. Vice-chairman Saltarelli declared the public hearing open and asked if ~here was anyone to speak in favor or opposition fo Use Permit 79-32. Mr. Sam Glick, attorney representing Atlantic Richfield, stated this type of project is being repeated throughout the southern California area. If is an opportunity fo take a site that needs repair and restoration, and justify those expenditures. The landscaping is increased, signing is brought into conformity with current zoning, and the pole sign would be reduced in size. The concept is still a service station, selling gasoline. This request would simply be utilizing wasted space inside the building for sales as a convenience fo fha customer and would not be competing with super markets. The sale of alcoholic beverages is up fo the dealer under ABC license regulations. Mrs. Kennedy asked if a project of this type was profitable. Mr. Glick said yes; the original idea was for the dealer to make a profit from selling the convenience foods, enabling him to lower the price of gasoline, thus selling more. What has happened, however, is fhaf fha mini-mart business has become so profitable that fha dealer is now making more money selling the convenience items. Planning Agency Minutes - November 19, 1979 page 4. There being no one else to speak, Vice-chairman Saltarelli declared the public hearing closed and asked tho pleasure of the Agency. Mr. Welsh asked if the back-up of cars had been addressed. Mr. Brotemarkle said the existing facilities of this nature, in the city, have been no problem. The transactions are really of a very short nature; they do not do ma]or grocery shopping. Mr. Welsh asked if a similar request on Newport Boulevard had not been denied. Mr. Sharp said he recalled one such request and the Agency was concerned with school children passing through and possibly causing problems. MOTION by Kennedy, SECONDED by Salfarelli, to approve Use Permit 79-32 by the adoption of Resolufion No. 1857. AYES: NOES: ABSENT: Sharp, Kennedy, Welsh, and Salfarelli None Schuster Usq Permit 79-31 Applicant: Location: Request: Timothy J. Scoff 15451-A Red Hill Avenue Authorization to operate an indoor boarding and grooming facility for dogs and cats, in the Red Hill Business Park. Mr. Brotemarkle said staff would like to point out fhaf tho infernal operation and functioning of this facility would bo administered by Orange County Animal Control under confract fo the City and they have specific requirements which apply to this uso. If lhe use should prove fo be a problem with regard fo sound transmission, the applicant would have fo install acoustical materials fo properly attenuate the sound. Mrs. Kennedy said af times sounds carry great distances and she could not ap- prove this request unless the building would have sufficient sound attenuation. Mr. Welsh said the idea is new and existing, bur if down [he path we should suddenly discover an odor or noise problem, are we prefected? Mr. Brofemarkle said sanitary conditions would be regulated by the Orange County Animal Control and staff has incorporated a condition of approval to provide for a method fo got noise attenuation if needed. Staff had contacted other cities with these types of kennels and their review showed thai' the indoor kennel facility was a better operation as opposed fo outdoor operations from a noise and neighborhood impact standpoint. Vice-chairman Saltarelli declared the public hearing open and asked if there was anyone who wished fo speak in favor or opposition to Uso Permit 79-51. Mr. Tim Scott said he was an animal health technician and had worked in animal boarding and grooming facilities tot about seven years. As far as noise was concerned, there are ways of alleviating i~ with music and TV sets, which helps to keep the animals calm and quiet. He said should if become necessary, he would willingly insulate the premises. Mr. Salfarelli asked if his lease had any restrictions as to noise. Mr. Scoff said yes, the lease agreement states that should noise become a problem he had fo sound-proof the walls; fhaf was the reason they leased him tho end unit. Planning Agency Minutes - November 19, 1979 page 5. The Vice-chairman asked if there was anyone else who wished to spoak and hearing no response he declared the public hearing closed and asked the pleasure of the Agency. Mr. Sharp asked if property owners within 500~ of the subject property had been notified of this request. Mr. Brotemarkle said only the property owners had been notified; not each tenant of the complex. Mr. Sharp said on Item~.D. of Resolution 1855, we should change it to read: "The operator of the kennel shall provide noise attenuation features within the facility fo ensure that neighboring uses are not disturbed by animal noises." With no objection from the Agency, the Vice-chairman ordered fhaf_~J~.D, of Resolution 1855 be so amended. Mrs. Kennedy asked if there could be a time limit of six months placed on the Use Permit. MOTION by Sharp, SECONDED by Welsh, to approve Use Permit 79-31 by adoption of Resolution No. 1855, as amended, for a period of six (6) months. AYES: NOES: ABSENT: Sharp, Kennedy, Welsh, and Salfarelli None Schuster Use Permit 79-33 Applicant: Location: Request: Mobil Oil Company 171 East First Street af Prospect To construct two round 22' diameter canopies over two islands; fo remove gas dispensers on ~he western portion of the property; and to rebuild existing islands. Mr. Brotemarkle said in the staff's recommended conditions one condition con- cerned the removal of a non-conforming advertising structure at this particular location. He said if has been normal procedure, when approving any use permit or variance request that involved a property with such a structure, that the property be brought into conformance with the sign code by the removal of such outdoor advertising structures. Mr. Sharp asked if there would be signing on the facia of these round cover- ings. Mr. Brotemarkle said no. Vice-chairman Salfarelli declared the public hearing open and asked if anyone wished fo speak in favor or opposition to Use Permit 79-33. Mr. Don Robbins, real estate representative for Mobil Oil Company, said he had read the resolution and would like fo make a few ca'rrnenfs. The installation of two more Marbelite street lights, according fo the Edison Company, was ob- jectionable because the City Engineer indicated that there was enough lighting there now. With reference to the outdoor advertising sign, the billboard company is now in a class suit and awaiting a California Supreme Court ruling. Some time in February, 1980 the ruling will come and Mobil Oil would li'ke fo have fhaf heard before removal of the sign. Mr. Saltarelli asked if the billboard in question is on property owned by Mobil Oil. Mr. Robbins said yes, and there is a long-term lease with a billboard company. Planning Agency Minutes - November 19, 1979 page 6. Mr. Salfarelli asked if the subject billboard had reached the amortization period as set forth in our Sign Ordinance. Mr. Brotemarkle said yes, ib has. Mr. Saltarelli then asked i¢ if was legal for Mobil Oil Company fo terminate the lease with the billboard company because of a uso permit condition. Mr. Rourke, City Attorney, said he didn't know what arrangements Mobil Oil had with the billboard company; that is something tho applicant would have to work out. The City could, in considering the request, consider whether they want to approve with the billboard [here; with the billboard not there; or fo deny the request. Mr. Saltarelli asked tho City Engineer if the current lighting was adequate. Mr. Ledendecker responded that this condition was permissive in that lights "may" be required and that the adequacy would have fo be reviewed in order fo make a final determination. Mr. Brofemarkle said the condition concerning lighting was phrased so that if the City Engineer determines that such are not required, they will not be re- quired. MOTION by Welsh, SECONDED by Kennedy, to close the public hearing and approve Use Permit 79-33 by the adoption of Resolution No. 1856. AYES: NOES: ABSENT: Sharp, Kennedy, Welsh, and Saltarelli None Schuster Pre-Zone 7~-2 (Annexation No. 97) Location: North side of Main Street, between Santa Aha and Costa ~!~sa Free- ways. Mr. Salfarelli stated that the Local Agency Formation Corrrnission (LAFCO) did approve this annexation, and it's now ready for processing within the city. He then opened the public hearing and asked if there was anyone fo speak in favor or opposition to Pre-zone 79-2. Hearing no response ho asked the pleasure of the Agency. MOTION by Welsh, SECONDED by Kennedy, to close the public hearing and approve Pre-zone 79-2 and recommend approval fo [he City Council by the adoption of Resolution No. 1852. AYES: NOES: ABSENT: Sharp, Kennedy, Welsh, and Salfarelli None Schuster PUBLIC CONCERNS None OLD BUSINESS N~W BUSINESS Rq~olutiop No. 1853 Mr. Salfarelli said this was the resolution covering Variance 79-6 (Schick Moving and Storage), previously approved by the Agency. He asked if the Agency had any questions. Mrs. Kennedy said she was concerned that item ~.C.1 of Resolution 1853 would cause drivers drivin9 from south to north to turn off on Red Hill Avenue and may cause the very problem we are tryin9 fo avoid. Planning Agency Minutes - November 19, 1979 page 7. MOTION by Saltarelli, SECONDED by Sharp, to approve Resolution No. 1853. A discussion was held regarding fhe previous vote,the absence of one approval vote and the results of a tie vote. Mr. Welsh wanted the record fo show that even though he voted against the original request, if would be unfair fo penalize the applicant with additional delay due fo a fie vote. Therefore, he would vote in favor of the resolution. AYES: Sharp, Welsh, and Salfarelli NOES: Kennedy ABSENT: Schuster CORRESPONDENCE None STAFF CONCERNS None A~NCy GON~RNS None AD ~OURN~AI~NT There being no fuFtheF business to come befoFe the Planning Agency the Vice-chairman declaFed the meeting adjouFned at 3:55 p.m. to meet again fOF a regular meeting to be held December 3, 1979 at 3 p.m. 'l ,v.J ,:,(. Donald Saltarelli Vi ce-cha i r[nan M.I. Mehl Recording Secretary