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HomeMy WebLinkAboutPC Minutes 09-17-79TUSTIN PLANNING AGENCY Minutes of Regular Meeting September 17, 1979 The Planning Agency held a regular meeting ~nday, September 17, 1979 in the Council Chambers of the Tustin City Hall, 300 Centennial Way, Tustin, California. The meeting was called to order at 3:02 p.m. by Chairman Schuster. The Pledge of Allegiance to the Flag was led by Mr. Saltarelli and the invocation was given by Mr. Welsh. Present: Sharp, Saltarelli, Kennedy, Welsh, and Schuster Absent: None Also Present: Mike Brotemarkle, Community Development D~rector Alan Warren, Senior Planner Dan Blankenship, City Administrator James Rourke, City Atto~]ey Midge Mehl, Recording Secretary MINUTES The minutes of the regular meeting held September 4, 1979 were approved as written, with the waiving of reading same, and with Mr. Saltarelli abstaining from the voting due to his absence from that meeting. PUBLIC HEARINGS Use Permit 79-25 Applicant: Location: Request: Sidney, Eileen, and Paul Wong on behalf of Walfay, Incorporated 330-332-334 Preble Drive Authorization to permit the use of a triplex structure (total of 3 units) for residential care for the active elderly. Mr. Brotemarkle read a letter from the applicant, requesting this item be re- moved from the agenda at this time. MOTION by Welsh, SECONDED by Saltarelli, to remove Use Permit 79-25 from the agenda, as requested by the applicant. AYES: NOES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster None Use Permit 79-26 Applicant: Thomas Prescott Location: East side of E1 Camino Real, 150' northerly of Sixth Street Mr. Brotemarkle explained the code requirements for outdoor sales and said staff considers an agricultural products sales stand a temporary use of the subject property; that thc surrounding properties would be inspected annually to see how other developments progress and Qhether this use becomes inconsistent with such new uses in the area. Chairman Schuster declared the public hearing open and asked if there was anyone who wished to speak in favor or opposition to Use Permit 79-26. Mr. C.T. Gilbreth said he owned Jamestown Shopping Center property, across the street from the subject property and he felt the request should be approved. There being no one else to speak, Chairman Schuster asked the pleasure of the Agency. MOTION by Saltarelli, SECONDED by Kennedy, to close the public hearing and approve Use Permit 79-26 with the conditions as outlined by Community Develop- ment. AYES: NOES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster None Planning Agency Minutes - September 17, 1979 page 2. Use Permit 79-27 Applicant: Location: Reque st: ABH, incorporated Architecture on behalf of Bob Burks 150 and 160 El Camino Real and 155 and 165 "C" Street Authorization to construct an office building on properties zoned in the multiple family (R-3) district. Mr. Brotemarkle stated that during the review of this request factors had arisen regarding Fire Department requirements for sprinklering and Building Department requirements due to a fourth story. The architect, Mr. Hockenberry, has requested additional time to modify the plan in order to alleviate these concerns. The staff, he said, would therefore recommend a continuance of Use Permit 79-27, however, ~kr. Hockenberry would ]~ke to present some slides for the viewing of the Agency, showing some of the concepts. Chairman Schuster declared the public hearing open. Mr. IIockenberry gave a slide presentation which depicted cross sections of the proposed buildings, parking structure, and genera] layout. He said they had decided to remove the penthouse from the roof. He said they had tried to stay in keeping with the character of surrounding properties in their design concept. Mr. Brotemarkle said parking is one of the concerns which the staff would need to study very carefully. The Agency registered concern regarding the second and third floors viewing adjacent residential properties from the windows. It was their consensus that this problem should also be dealt with as part of staff considerations. Mr. Julian Cangelosie said he had been in business in Tustin for seven years and represented the owner, Mr. Burks. He said Mr. Burks was very interested in providing a high quality building to this redevelopment area. There being no one else to speak, Chairman Schuster asked the pleasure of the Agency. ~DTION by Welsh, SECONDED by Saltarelli, to continue the p~f~lic hearing on Use Permit 79-27 u3~til the regular meeting to be held October 1, 1979. AYES: NOES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster None Amendment to the Zoning Ordinance and Subdivision Act Establishing a Moratorium on Condominium Conversions. .u~. Brotemarkle said this pertains to Ordinance No. 811 and that under the State Planning law the Agency is required to recommend to the City Council any changes or amendments to the Zoning Ordinance. He said this proposed amendment, declaring a moratorium on all condominium conversions, including stock coopera- tives and community apartment projects, would be such an action requiring a recommendation action of the Agency to the City Council. C~lairraan Schuster stated'that this public hearing would be continued to a 7:30 p.m. meeting this date, in order that persons unable to attend the afternoon meeting could speak at the evening mn~eting if they so desired. He then declared the public hearing ()pen and asked if there was anyone to speak. Mr. Tallas Marqrave, 161 Fashion Lane, Tustin said he ~ust wanted to know the philosophy of the Agency. I{e said this was probably the seventh time in the past two years that Orange County cities have brouqht up condominium conversion m~ratorium ordinances. He said historica].ly many months are spent investigating whether or not you should have a condominium conversion moratorium, then eight months later your ordinance ends up being the same way ~t started. Ite said there really is no answer to the issue whether we are going to provide affordable housing for our children who want to buy or rental housing for our senior citizens who are on a fixed income. He said he was in opposition to the moratorium Planning Agency Minutes - Septe~er I7, 1979 page 3. ordinance. He did not fee]. the rental market was being depleted. He said right now Tustin has the most restrictive ordinance in Orange County pertaining to condomini unus. Kathy Weil, 1702 Summerville, Tustin, said she represented Tustin Meadow IIome- owner's Association and wished to go on record as being in favor of the Ordi- nance to allow further study. Chairman Schuster asked if there was anyone else who wished to speak at this time and hearing no response he asked the pleasure of the Agency. MOTION by Welsh, SECONDED by Kennedy, to continue the public hearing on the Amendment to Zoning Ordinance and Subdivision Act until the 7:30 p.m. meeting to be held this date. AYE S: NOES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster None PUBLIC CONCERNS None OLD BUSINESS None NEW BUSINESS Final Parcel Map 78-117 Applicant: Tustin Unified School District Location: Property bounded by "B", "C", ~nd 5~in Streets MOTION by Saltarelli, SECONDED by Sharp, to recommend to the City Council approval of Final Parcel Map 78-117 by the adoption of Resolution No. 1742. AYES: NOES: ABSTAINED: Sharp, Saltarelli, Kennedy, ~ld Schuster None Welsh CORRESPONDENCE None STAFF CONCERNS Mr. Brotemarkle mentioned the informational memo sent to the Agency regarding concerns over the pollutants or hazards within the environment, tie said if the Agency had any questions pertaining to that memo he would answer them. He said the staff was currently working on a situation where all the complaints would be evaluated with regard to the health impact and when a substantial volume of health complaints are found to be coming from a particular incident, the staff would immediately contact one of the three individuals indicated in that memo, and request a County Health Department investigation into the situation. He said further information on County and State actions would be coming in, in the future. Mrs. Kennedy thanked the staff for their efforts in this matter. AGENCY CONCERNS MOTION by Welsh, SECONDED by Kennedy, that the Agency recommend to the Council a proclamation commending Dr. Ken Fleagle in the handling of the Irvine/P~ters Canyon annexation. AYES: NOES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster None Planning Agency Minutes - September 17, ].979 page 4. ADJOURN ~iENT There being no further business to come before the Agency at this time the Chairman declared the meeting adjourned at 4:16 p.m. to reconvene at 7:30 p.m. for the continued public hearing. Ste~len L. Schuster Ch airman M.I. Mehl Recording Secretary TUSTIN PLANNING AGENCY Minutes of Continued Meeting September 17, 1979 Chairman Schuster reconvened the Planning Agency meeting at 7:43 p.m., September 17, 1979. An~ndment to the Zoning Ordinance and Subdivision Act Estab]ishing a ~ratorium on Condominium Coversions. Chairman Schuster explained that this hearing was opened at the afternoon meet- ing, but continued to this time in order to permit those unable to attend the afternoon meeting to be present at this time. Mr. Brotemarkle sa~d the proposed moratorium is being considered as a regular ordinance after failure of an urgency emergency ordinance on September 4, to dec]are a moratorium on the conversion of apartments to condominums, stock cooperatives, or community apartment projects. He said the staff has nothing more to add to previous testimony and reports. Mrs. Kennedy said that since stock cooperatives were not going to be under the Subdivision Map Act, would it have any bearing on them being considered under this ordinance amendment. M_r. Brotemarkle said since Tustin requires a Use Permit, in addition, for the creation o[ a stock cooperative, he would assume they would continue to be reviewed under the Use Permit procedure; he would defer that question to the city attorney. Mr. Rourke said it would be included in the moratorium. Chairman Schuster asked if there was anyone who wished to speak in favor or opposition to the proposed moratorium on condominium conversions. The following spoke in favor of Ordinance No. 811, creating a 120-day moratorium on condominium conversions: Nick Ogden, ]3841 Red Hill Avenue Leo Leary, 1362 Walnut Street Ida Sternberg, 14400 Newport Avenue Gertrude Joyce, 1362 Walnut The following spoke in opposition: Jim Manning, 1534 Tzena MOTION by Welsh, SECONDED by Kennedy, to close the public hearing and recommend to the City Council approval of the Condominium Moratorium of 120-days by the adoption of Ordinance No. 811 Planning Agency Minutes - September 17, 1979 page 5. A moratorium was recommended as necessary to allow all parties to review options and alternatives, to allow State and Federal legislatures to take action on pending bills, for formation of a citizen review committee to establish direction for the housing element on condo conversions, and determine the proper mix of housing types in Tustin, and a greater need for protection of senior citizens on fixed incoraes was cited. The need for a new ordinance device to fix conditions on conversions was indicated as a primary reason to prohibit further projects until next year. Opponents of a moratorium indicated the escalating costs to provide housing for low-moderate income groups and the need to move faster, not slower, to provide such housing. Condominium conversions provide the only visible method to provide such housing. Mr. Sharp asked when the Housing Element would be submitted to the State. Mr. Brotemarkle said a draft of the IIousing Element would be submitted in October; the public hearings involving the representatives of various home owners' associations, builidng industry associations, County Housing Authority and citizen groups will commence after the draft has been submitted, lie said he estimated those hearings before the citizens' input groups, the Agency, and the Council could take up to an additional four months. He said the staff hoped to have the new Housing Element completed by the first part of 1980. Mr. Welsh stated he would like to see Ordinance No. 811 adopted as an emergency ordinance because the ordinance, as now presented, would not take effect for approximately another 120 days. Mr. Saltarelli said he, too, thought it should be an urgency ordinance. Mr. Welsh, with the approval of the second, amended his motion to recommend to the City Council approval of the Condominium 5~oratorium of 120-days by the adoption of Ordinance No. 811 as an urgency ordinance. AYES: NOES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster None ADJOURNMENT There being no further business to come before the Planning Agency the Chairman declared the meeting adjourned at 9 p.m., to meet again for a regular meeting to be held October 1, 1979. St~hen L. Schuster Chairman M.I. Mehl Recording Secretary