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HomeMy WebLinkAboutPC Minutes 05-07-79TUSTIN PLANNING AGENCY Minutes of Regular Meeting Monday May 7, 1979 The Planning Agency held a regular meeting Monday, May 7, 1979 in the Council Chambers of the Tustin City }{all, 300 Centennial Way, Tustin, California. The meeting was called to order by Chairman Schuster at 3:09 p.m. The Pledge of Allegiance to the Flag was led by Mr. Welsh and the invo- cation was qiven by Mr. Saltare]]i. ROLL CALL Present: Chairman Schuster, Mr. Sharp, Mr. Saltarelli, Mrs. Kennedy Absent: None Also present: R. Kenneth Fleagle, Community Development Consultant Dan Blankenship, City Administrator Bob Ledendecker, City Engineer James Rourke, City Attorney M.I. Mehl, Recordinq Secretary MINUTES Mrs. Kennedy requested a discussion from the Agency as to the recording of the minutes. She said in the April 16 minutes, under Use Permit 79-4 (page 4), Mr. Berman's testimony was quite lengthy while the people who spoke to the request were merely mentioned and very little of their testi- mony given. She wanted some feedback from the Agency as to their thinking on what the minutes should contain. Mr. Welsh stated he felt that if one person's comments were recorded, then everyone's comments should be recorded; the policy should be that e~ther everyone gets recorded or no one gets recorded. Mr. Saltarelli said he felt people should be recorded as to whether or not they are in favor or in opposition to the proposal and state s~mply that the following people spoke in support of the proposal or spoke in opposition to the proposal. He said he didn't feel it was germaine that anything but very genera], comments from the public be recorded. Mr. Schuster said he felt there should be recordings of general comments and what their position ~s on a particular hearing. Mrs. Kennedy stated she, too, felt that a very capsule summary of major concerns should be recorded. The Chairman so ordered; that the minutes should be in a brief, capsule form, relating only the high spots of each proposal. The minutes of the regular and adjourned meetings held April 16, 1979 were approved as written, with the waiving of reading same. PUBLIC HEARINGS Use Permit 79-7 (continued) Applicant: Location: Request: Chemical Systems, Inc. 14332 Chambers Road Authority for their manufacturing operation in the Tustin/Irvine Industrial Complex Mr. Fleagle presented the factual data and stated that Mr. Warren of the Planning staff had made a recommendation of two alternatives. One is that the request be approved by the adoption of Resolution 1810, or secondly, that the matter be further continued until such time as a consultant had the opportunity to form a study of odor-emitting potentials. He said Resolution No. 1810 is fairly comprehensive in the controls that would be placed upon the manufacturer, it is recommended that if the Agency is desirous of approving the use permit request at this time, rather than waiting for a consultant study, there be an additional condition added to paragraph 2 of Resolution No. 1810, to read: "That the use permit is revocable, and may be temporarily suspended upon reasonable evidence of the violation of any terms hereof or emission of any odors creating a nuisance, hazard, or pollution to the adjoining properties in the communlty, until such time as corrective action is taken to the satisfaction of the City." Chairman Schuster asked if the applicant agreed to that clause. Mr. Fleagle stated not at this time, that was why he brought it up now, so the app].~cant could speak to this at the time tie made his presentation. Chairman Schuster declared the pub]~.c hearing open and asked if there was anyone to speak to Use Permit 79-7. Mr. Robert E. Williams stated he was the president of Chemical Systems and he agreed w~th all the terms mentioned by Mr. F]eagle. Mrs. ~.ois Ramsy stated she had been invited to review the operations at Chemical Systems and was asked to evaluate it. She said it became clear to her that she was not qualified to dra~v any conclusions. Mr. Jerome F. Ditter, speaking in favor, explained what chemicals would be stored arid their manner of storage. Chairman Schuster declared tke public hearing closed. There followed a discussion. MOTION by Kennedy, SECONDED by Welsh, to continue the public hearing until the evening meeting to comply with the stated Agency policy to discuss controversial items at the evening meeting. AYES: Schuster, Sharp, Kennedy, and Welsh NOES: Saltarelli Use Permit 79-6 Applicant: Location: Request: South Shores Manufacturing, Inc. ].4401 Chambers Road Authority for their manufacturing operation in the Tustin/lrvine Industrial Complex MOTION by Kennedy, SECONDED by Welsh, to continue Use Permit 79-6 to the evening meeting due to the controversial nature. AY.ES: Kennedy, and Welsh NOES: Sa].tarelli, Sharp, and Schuster The motion failed. Mr. Fleagle presented the factual data and stated there were two alternatives. One was to approve the use permit by the adoption of Resolution 1808 or to await the ~)proval until such t~me as a consultant is hired to review their operation and to make a finding. It would be the staff's recommendation that Resolution No. 1808, if it is approved, have the same language amended into ~t that Resolution 1810, requJrinq acknowledgement of the applicant, to the revocation or temporary suspension for violation of any the applicable rules and regulations. There follo~.,ed a discussion reqard~ng red and yellow labels affixed to the chemicals. Chairman Schuster declared the public hearing open. Mr. Ron Owen, Vice-president of South Shores Manufacturing, explained what -3- chemicals were used and/or stored in their business operation. Ite said they had not had any complaints from any of their neighbors. Chairman Schuster asked if there was anyone else who wished to speak. Mrs. Betty Jean Beecher stated she was interested in the chemical systems and was upset about the Agency's procedures of continuing afternoon hearings to the evening meetings. She said if the public had been properly notified she didn't agree with continuing afternoon hearings to the evening meetings. There being no one else to speak, Chairman Schuster declared the public hearing closed. Mrs. Kennedy said because of the difficulty in monitoring odors, fumes, etc., she would like the Agency to consider the following wording for item D of Resolution No. 1808: "That the emissions of polluntants (odors, fumes, vapors, particulants, liquids, etc.) at levels determined to be (1) a nuisance; (2) a health hazard, (3) a safety hazard, by the City, is prohibited. If any pollution should result, the process causing the emissions shall cease until the necessary cleaning devices as determined by an approved consulting engineer shall be instal]ed in the ~nufacturing process." The Chairman asked the applicant if that would be agreeable to him. .Mr. Owen stated yes. There followed a discussion. MOTION by Saltare]l~, SECONDED by Sharp, to close the public hearing and that Use Permit 79-6, as amended, be approved. AYES: Sharp, Saltarelli, and Schuster NOES: Kennedy and Welsh Use Permit 79-8 Applicant: Location: Request: Norris Haight 14041 Newport Avenue To operate a truck and trailer rental/storage facility at an existing Texaco Service Station. Mr. Fleagle informed the Planning Agency that the staff had received a letter from the applicant, requesting withdrawal of his application. MOTION by Sharp, SECONDED by Saltarell~ to accept the applicant's request for withdrawal of Use Permit 79-8. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None INITIAL HEARINGS Use Permit 79-10 Applicant: Location: Request: Southern Counties Management Company 13901 Yorba Street Authorization to convert an existing apartment complex, known as Yorba Ilacienda, to condominiums. Mr. Fleagle presented the factual data. Chairman Schuster declared the public hearing open and asked if anyone wished to speak to Use Permit 79-10. Mr. Ron Kobl~n, representing the applicant, stated they were under the im- pression that the mezzanine would be considered open space and could be used for recreational purposes. Others speaking: -4- John Richards Margaret Sto]le Mrs. Ernest Winbigler Jack Fowler 5~s. Davis After all testimony had been presented the Agency held a discussion as to what could be considered to be open space in this request. MOTION by Welsh, SECONDED by Kennedy to declare the public hearing closed and to deny the request of the applicant on the basis that the Agency does not recognize covered carports, etc. as open space. AYES: Sharp, Saltarelli, Kennedy, Welsh, Schuster NOES: None Use Permit 79-11 Applicant: l~cation: Request: J.D. Enterprises 2552 Chambers Road Authorization to construct and operate dr~ve-through bank teller windows in conjunction with a two-story office build- ~ng. The proposed facility is to be located in the Tustin/Irvine Industrial complex. Mr. Fleagle presented the staff report and the Chairman declared the public hearing open an(] asked if there was anyone to speak to Use Permit 79-11. Mr. Dennis McCollough, representing the applicant, said the conditions as presented by the staff were agreeable to the applicant. There followed a discussion. MOT[ON by Kennedy, SECONDED by Welsh to approve Use Permit 79-11 and to direct the staff to prepare a resolution to contain the conditions as reflected in the report presented, and to return said resolution at the next meeting. A¥[~S: Sharp, Saltarel]i, Kennedy, Welsh, and Schuster NO 1.'.S: None PUBI.IC CONCEP~NS None OLD BUSINESS Bee & Round Canyon !::IR The Chairman explained that this had been held over from the last meeting in order for the Agency to further study the EIR. IIe asked the pleasure of the Aqency. MOTION by Welsh, SECO~)ED by Saltarelli to certify approval of the Bee & Round Canyone EIR. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None -5- NEW BUSINESS Re~ort on Irvine Industrial Complex Mr. Fleagle stated that during the April 2, 1979 Planning Agency meeting the staff was directed to look into the matter of improving existing ordi- nances regulating chemical operations within the city. He said it is the staff's opinion that ail that is required is to strengthen current pro- visions. There followed a discussion. The Chairman stated that no action was required on this matter; the letter from Alan Warren, Assistant Planner, was for information only. Industrial Complex Operations Mr. Fleagle stated that, at the direction of the Planning Agency, the staff had been in a continual process of contacting industrial firms and regu- lating agencies to help determine the need for special permits of industrial uses. He said in most cases further investigation is warranted in order to determine what, if any, appropriate administrative steps are needed to insure public safety. The Chairman stated that no action was required on this matter; the retort from Alan Warren, Assistant Planner, would be accepted and filed as information. Plot Plan Review for lIarman Marine Mr. Fleag]e stated this concerned a parking lot and screen wall at 1301 Santa Fe Drive. He presented the staff report. There followed a discussion. MOTION by Saltarelli, SECONDED by Sharp, to approve the parking lot layout and location as conforming to provisions of the City's development standards. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None CORRESPONDENCE Request to Initiate Zone Change (Frank H. Greinke) Mr. Fleagle stated a letter had been received from Frank H. Greinke, request- ing the Planning Agency initiate a zone change for the property at the northeast corner of Laguna Road and Newport Avenue from C-1 to C-G zoning. IIe further stated that this request would bring the use into conforraance with the General Plan and this would not be a specific benefit or privilege afforded Mr. Greinke. There followed a discussion. MOTION by Welsh, SECONDED by Saltarelli to approve Mr. Greinke's request; that the City initiate a zone change for the subject property, at the earliest feasible date. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None STAFF CONCERNS Gasoline Holding Tanks Mr. Blankenship stated a number of businesses in the industrial tract have inquired about the possibility of adding gasoline dispensing facilities to their establishment due to the current qasoline shortage. He said there are many regulations, both under the Building Code and the Fire Code, regu- lating the placement of tanks, etc., to assure the proper security, tie said apparently it does not require a change in their use permit or a new use permit, but he felt the Agency should be cognizant of this matter. -6- 31r. ~)urkestated that this matter was referred to him, by the Planning staff, and he was of the opinion that the City could take the position that this request not be considered an incidental activity to the main activity. There followed a discusssion. it was the consensus of the Agency that the staff prepare a report on this matter and bring it before the Agency at the next meeting. The Chairman so ordered. ~. Sharp stated he felt the matter of the gasoline holding tanks and the transportation thereof, should be a part of the report pertaining to transporting dangerous chemicals, etc. within the city. Mr. Blankenship stated they would work with the city attorney on this matter and return a report to the Agency at a later date. Progress on Recrui[~ment of a Community Development D~rector Mr. Blankenship stated that the closing date for applications was May 4 and 27 applications had been received. He said the Personnel Director was now in the process of devising a method of screening the applicants. It had been suggested, by the Personnel Director, that the C~ty Administrator, Mr. Fleagle, and two members of the Council be on the oral board to interview these candidates,then the top candidates' names would be forwarded to the whole Council as a body and they would make the final appointment. The Chairman ordered that this matter be brought up later, at the Council meeting. AGENCY CONCERNS Mr. Sharp questioned the traffic movement on Red ~[~11 Avenue during the morn- ing hours. Mr. l.edendecker replied to his concerns. I~DI,EY SIGN Mrs. Kennedy requested that a report be brought back to the Agency, at their next meeting, which includes background on the existing Hadley Orchard sign. RADIATION STERILIZERS Mrs. Kennedy said Radiation Sterlizers Company has a building now under con- struction on Morgan Circle. She said this plant would be .2 mile from the Marine residences, less than 1 mile from Thorman School, less than 2 miles fr~n the center of approximately 14,000 people and it has been mentioned, from various agencies, that theiroperation is quite hazardous. She said she had been asking the staff, since July, for a vote on a Negative Declaration. She asked if it should have gone through the use permit hearing; should it be located in Tustin; or any habitated area. She said it was her opinion that the City study this use, very carefully; perhaps a use permit could still be required. Mr. Rourke said when a company applies for a building permit and the matter goes through the usual process and the applicant is granted a permit a~d starts construction, the City simply cannot at that time decide that "now they are going to take a better look at the whole thing." The City has to do their looking before the construction is begun. Mr~ourke referred the Agency to a memo which he had forwarded to Mrs. Kennedy, which explained that at this point in time we do not have the power to reconsider and/or deny Radiation Sterilizers the right to do what they are proposing to do, as long as it's in accordance with the permit issued. Mrs. Kennedy said she felt this matter was of such dreadful lmportance that she felt the Agency needed to "go out on a limb" and attempt to stop this plant from going in. Mr. Sharp asked staff to set up procedures and a system to enable the Agency -7- to have a very close look at future dangerous uses. Mr. Rourke said he was working on it. MOTION by Kennedy, SECONDED by Saltarelli, to direct the Planning staff to forward a letter to Radiation Sterilizers, requesting that they file a use permit application due to public concern with their operation. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None Warminqton Development Advertising Sign 5~. Welsh stated he had noted the sign on Newport Avenue, advertising the condominium units as "Adult Only" and he wondered if this definition coincided with the long d~scussion regarding "senior citizen housing?" He wondered if "adult" meant only "senior citizen?" Mr. Blankenship said he seemed to remember that there was some reau~.rement, under Federal law, that they could not advertise it as "senior citizen housing" on the basis that it was discrimination on the basis of age. He said he would check this out. ADJOURNMENT There being no further business to come before the Agency at this time, the Chairman adjourned the meeting at 5:53 p.m., to meet again for an ad- journed meeting at 7:30 p.m. this same date. S~ephen L. Sch~e~'-~n-aid ~.-~altarelli Chairman ~ Vice-chairman M.I. Mehl Recording Secretary TUSTIN PLANNING AGENCY Minutes of Adjourned Meeting Monday, May 7, [979 The adjourned meeting was called to order at 7:36 p.m. by Chairman Schuster. ROI,L CALL Present: Chairman Schuster, Mr. Sharp, Mr. Saltarelli, Mrs. Kennedy, and Mr. Welsh Absent: None Also present: R. Kenneth Fleagle, Community ])evelopment Consultant Dan Blankenship, City Administrator Bob Ledendecker, City Engineer George F. Reid, Building Official James Rourke, City Official Dan Spradlin, Assistant City Attorney M. Mehl and Mary Wynn, Recording Secretary Use Permit 79-7 (continued) Appl ic an t: ],ocation: Re que s t: Chemical Systems, Inc. 14332 Chambers Road Authority for their manufacturing operation in the Tustin/Irvine Industrial Complex Mr. [.']eagle said the Agency, at thei.r afternoon meeting, elected to continue this request until this time because of its controversial nature. He aqain read the staff report and stated that the applicant had aqreed to the amended conditions. Mrs. Kennedy stated she would like to add the following to the resolution, under item D, on the secomdpage: "...that the emissions of pollutants (odors, fumes, particulants, vapors, liquids, etc.) at levels to be (1) a nuisance; (2) a health hazard; (3) a safety hazard by the City is prohibited..." With no objection from the Agency, the Chairman so ordered. Mr. Robert Williams, president of Chemical Systems said he was agreeable to all amendments to tile conditions. Mr. Fleagle stated that another amendment was in order for Resolution No. 1810, with the addition of the wording: "That the ap.plicant acknowledges and aqrees hereto that by approval of Use Permit 79-7 that the use permit is revocable, and may be temporarily suspended upon reasonable evidence of violation of any terms hereof or the emission of any odors, creation of nuisance, hazards, or pollution to adjoininq properties in the community, until such time as corrective action is taken to the satisfaction of the City." Chairman Schuster asked Mr. Williams if that was aqreeable and he answered yes. The Chairman then asked if there was anyone to speak to Use Permit 79-7. The following spoke: Ron Hoesterey, 225]. Capertree Tom Evans gerry Ditter MOTION by Kennedy, SECONDED by Welsh to close the p~lic hearing and to approve Use Permit 79-7 and Resolution No. ]810, as amended. There followed a discussion regarding the word "nuisance" and its legal interpretation. It was decided, by the Agency, that the word "annoyance" and "nuisance" should both be in the Resolution. AYES: Sharp, Sa]tarelli, Kennedy, Welsh, and Schuster NOES: None -9- Use Permit 79-4 Applicant: Location: Request: Quail Place Development 17522 Vandenberg Lane Authorization to convert an existing apartment complex known as Fuller Garden Apartments to condominiums Mr. Fleagle stated this matter had been continued from a previous meeting, and he presented the staff report. The Chairman declared the public hearing open and asked if there was anyone who wished to speak to Use Permit 79-4. M_rs. Kennedy voiced concern over individual metering of utilities; speculator condo purchasers; relocation of apartment residents to nearby areas; CC&Rs; increased sound attenuation beyond current standards; emergency vehicle circulation within the project; and their drive-through capability. Mr. Welsh voiced interest and concern over inclusion of tennis courts in the project; impact from Police and Fire concerning emergency access; and about item D.3 in the resolution. Mr. Berman spoke on sound attenuation matters and displayed a wall model which was to be used. lie also explained why it was not feasible to have individual metering service. Margaret DeBeau stated she was a resident of Fuller Gardens Apartments and she questioned the financial impact that the condo conversion would have on the community of Tustin. She stated there were many people who could not afford to buy condominiums, but needed a place to rent and she felt this condo conversion would be taking away necessary apartment rentals. Mr. John Hilliard said he was an acoustical consultant and he answered the Agency's questions regarding sound attenuation. Mr. Nick Ogden stated he was opposed to all condo conversions and felt they were discriminating to the senior citizens. MOTION by Saltarelli, SECONDED by Sharp that the public hearing be closed. AYES: Sharp, Saltarelli, Kennedy, Welsh, and Schuster NOES: None The Chairman asked the pleasure of the Agency. Mr. Saltarelli stated that after the c4ty's first condo conversion they made an ordinance so stringent that many requests have come up since that time that could not meet those standards. He said this is the first one that has met the requirements close enough to even reach the hearing stage before the Agency. There followed a lengthy discussion. MOTION by Saltarelli, SECONDED by Sharp that Use Permit 79-4 be approved, as well as Resolution No. 1806. AYES: Sharp, Saltarell[, and Schuster NOES: Kennedy and Welsh ~ntative Tract #10677 Applicant: Hall & Foreman, Inc., on behalf of Quail Place Development Corp. Location: 17522 Vandenberg Lane Mr. Fleagle said the staff would recommend approval of this request since Use Permit 79-4 was approved. -10- MOTION by Saltarelli, SI.:CONDE]) by Sharp to approve Tentatfve Tract #10677 and Resolution No. 1813. AYES: Sharp, Saltarelli, and Schuster NOES: Kennedy and We].sh ADJ OU RN~iENT There being no further business to come before the Planninq Agency the Chairman adjourned the meeting at 9:24 p.m. to meet again for a regular meetinq to be held May 21, 1979 at 3 p.m. in the Council Chambers of the Tustin City l!all. s~t~.~hen ],.-S~us'ter D~-a~d J. Saltarelli Chairman ~ Vice-chairman :,l.I. Mehl Recording Secretary