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HomeMy WebLinkAboutN.B. 04 VITA-TECH 06-15-92NEW BUSINESS N0. 4 6-15-92 AGENDA - N* \ JUNE 15, 1992 10- WILLIAM A. HUSTON, CITY MANAGER 1_1-Z0 Ni: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: REQUEST TO WAIVE REQUIREMENT TO CONSTRUCT SIDEWALK AT 2832 DOW AVENUE (VITA -TECH INTERNATIONAL, INC.) RECOMMENDATIONS: It is recommended that the Tustin City Council approve the request from Vita -Tech International, Inc. to waive the requirement to construct sidewalk at 2832 Dow Avenue in conjunction with their tenant improvements. BACKGROUND: Attached for City Council consideration is a letter dated May 26, 1992 from Vita -Tech International Inc., requesting that the City waive the requirement for them to construct a standard sidewalk within the public right-of-way adjacent to their building, located at 2832 Dow Avenue inconjunction with tenant improvements. At the City Council meeting of January 19, 1987 (minutes attached) , the City Council established a uniform policy for the construction of 5 -foot wide utility clear sidewalks within any industrial areas, except in areas with concentrated retail uses where the sidewalk width shall be 8 -foot wide. This requirement is a standard City condition of approval. imposed for all new construction as well as tenant improvements within the industrial areas. DISCUSSION: A review of City records indicated there was an apparent confusion during plan check process as to the applicability of City sidewalk requirements on the subject property. A review of the site conditions of the subject property reveals that there is no sidewalk on the adjacent properties on either side of 2832 Dow Avenue. This condition is similar to a condition on Mosher Avenue where the City Council previously granted a waiver until such time sidewalks were constructed within the immediate area of the Mosher Avenue project. 41 Robert Ledendecker Director of Public Works/City Engineer Attachments RL:JO:ccg:sidecons VI TA�TFCH NTERNATIONAI.INC. May 26, 1992 Mr. Robert S. Ledendecker Director of Public Works City ,of Tustin 1522 Del Amo Tustin, CA 92680 2832 Dow Avenue Tustin, California 92680 U.S.A. (714) 832-9700 TeleFax (714) 731-8482 o n Wzsissz U ':?USAN PUBLIC WORKS DEPT, RE: VITATECH INTERNATIONAL, INC. - TENANT IMPROVEMENT 2832 Dow Ave. (Sidewalk to Nowhere) Tustin,CA 92680 Dear. Mr. Ledendecker, This letter is to address the request of the City of Tustin that a sidewalk be installed in the greenbelt area at the front of our building located at the above address. I desire to appeal this matter and have such a requirement removed. The basis for this request is simple equity: the City requirement came well past when original scope of work permits were granted. Prior notice probably would have caused VitaTech International, Inc. to not commence the permit process and entbr into office renovation. The new requirement will also cause significant financial hardship. The sequence of events concerning the permit process for our tenant improvement is as follows: 1. Plans were submitted to plan check on October 9, 1991. During the next several months there were revisions made to the plans and all were reviewed by the City. The revision dates were: December 2, 1991 January 20, 1992 January 29, 1992 At no time did anyone at the City mention or discuss in any way the installation of a sidewalk in the greenbelt area at the front of our building. . 1..., 1 n. t.. r,+, :; C, . — , 1. , , . tTAO!TLCH O N A L I N C Mr. Robert S. Ledendecker Page Two May 26, 1992 2. On February 13, 1992 the building permit encompassing the total scope of work to be performed was granted and, again, there was no specification regarding sidewalks. 3. On approximately March 12, 1992 and April 1, 1992 a plan revision was submitted to make some minor changes to the "original plan" which had been approved and issued permits on February 13, 1992. At this time we were advised that we needed to install a sidewalk in the greenbelt and modify the remaining greenbelt area to accommodate a sidewalk. WE ARE AT THIS TIME REQUESTING THAT VITATECH INTERNATIONAL, INC. BE GIVEN A WAIVER FOR INSTALLING THE SIDEWALK FOR THE FOLLO=TING REASONS. 1. VitaTech International, Inc. was never advised by any City of Tustin authority that a sidewalk would be required. Indeed, had this been a noticed requirement the improvement in total would have been reconsidered. 2. VitaTech International,Inc. has no budget allocated for installing a sidewalk. This would be a great hardship and additional expense and a burden to VitaTech International, Inc. In order to install a sidewalk, major electrical, irrigation and other utilities would have to be moved. 3. There are no sidewalks in the front of the buildings on either side of VitaTech International, Inc. This would be a sidewalk to "nowhere". 4. VitaTech International, Inc. should not be required to install a sidewalk after the plans have been approved and the various City Departments reviewed the plans and signed off on the plans and then issued a Building Permit (February 13, 1992). iTAN'TECH ON A L INC Mr. Robert S. Ledendecker Page Three May 26, 1992 We have been good business citizens of Tustin for over 14 years and will continue to be good business citizens. It's a two-way street. We would appreciate your positive response to the waiver of this s idevialk issue. Thank you. ince ely, ho s T er �i r sident cc: Charles E. Puckett, Mayor Richard B. Edgar, Councilperson Jim Potts, Councilperson Earl J. Prescott, Councilperson Leslie Anne Pontious, Mayor Pro Tem Mary E. Wynn, City Clerk CITY COUNCIL MINUTES Page 3, 1-19-87 7. RESOLUTION NO. 87-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING FINAL TRACT MAP NO. 12759 (EAST TUSTIN APART- MENTS) Approved Final Tract Map No. •12759 for the East Tustin Apart- ments project located north of the Santa Ana Freeway, west of Jamboree, east of E7 Camino Real, by adoption of Resolution No. 87-9 as recommended by the Community Development Department and Planning Commission. 99 .8. EXTENSION OF CONTRACTS - EARL ROHEMORST AND REED JENSEN Authorized extension of thef employment contracts for Earl Rowenhorst and Reed Jensen to July 13, 1987, as recommended by the City Manager. 79 VII. ORDINANCES FOR INTRODUCTION None. VIII. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS 1. ELECTION CONSOLIDATION - RESOLUTION NO. 87-11 Pursuant to Council direction at the January 5, 1987, meeting, staff ;,repared subject resolution to consider consolidation of the municiral election with the Statewide General Election held 'in November of even -numbered years. Following a brief question -and -answer period, it was movedby Saltarelli, seconded by Kell , to adopt the following resoTutton sett ng the matter of the proposed consolidation of elections for a public hearing on February 2. 1987, and prescribing notice. RESOLUTION NO. 87-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO REQUIRE ITS GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION AND FIXING A TIME AND PLACE OF PUBLIC HEARING THEREON The- motion carried 5-0.. 48 X. NEW BUSINESS 1. WIDTH OF SIDEWALKS 1N THE INDUSTRIAL. MEAS The Planning Commission has requested a formal policy decision from Council regarding sidewalk widths and requirements in the indus- trial areas. On two separate occasions• at the request of devel- opers, projects. were granted 5 -foot sidewalk widths in lieu of the full • 8 -foot widths required by Council Resolution No. 81-4. Since then, sidewalk requirements have been established on a project-by- projecz basis subject to site circumstances, proposed use, and specific zoning regulations. Engineering staff indicates a uniform policy for 5 -foot, utility clear sidewalks for the entire industrial area is appropriate, except areas with concentrated retail uses. Sidewalk meandering would ae subject to specific design guidelines of specific plans and otter documents. Community Development staff supports this position with the note that Planning Commission be allowed to devi- ate from those standards if considered appropriate. The staff report was presented by the Community Development Direc- tor as :ontained in the inter -coin dated January 19, 1987, prepared by the : ;mnun i ty Development Department. Mayor Saltarelli was supportive of the staff recommendation. The Directcr of Community Development and Director of Public Works FILE COP�� CITY COUNCIL MINUTES Page 4, 1-19-81 responded to Council questions regarding sidewalk placement and retaining right-of-way lines and building setbacks. ni- • - It was moved b Kenned , sell,conded b Hoesterey, ear toestablish ks for uthe form po cy or - •et w dth, ut> tty entire industrial area, excefcot width. in Thehmotione carried retail entire uses where it shall remain 8 92 2. SMTA NIA FREEWAY (I.5)/NISTA MESA FREEWAY (RTE. 55) INTEROW4GE • MODIFICATION • Cal Trans is planning complete r modification within thenubject immediateerchange vicinity along with widening of bo . of the interchange. The Director of Public works informed Mayor tial affeG edthby any the interchange modification project will not delays on the basic widening pf�aTht� s �Perclef enCed portained to the esy between and nciln ar noted hat Garden Grove freeways.ns representati vEe gat the recent Transportation i o • con- firmed by the C Tr Comi ssion meeting. The Director added that it is CalTrans' desire with a elage e jatei•f ta91 el III and attempt construction concurrently The design and right-of-way 'acquistion aCalTransn be p to completed do iso tsince the Mayor thought Tustin should pressure interchange modification will access, but traffic will still be bottlenecked on the narrow freeways As recommended in the inter-com dated January ivisio, 1987 prepared moved bey. the Public WorkDbPa Ertdmea� to iapprove the Freeway Agreement with Kennedy,seconded• e tato—ofa orm a or Stage II and Stage III work on the Ie Rte. 55 Interchange Modification Project; and authorize the Mayor and City Cleric to execute same. Carried 5-0. Mayor Pro Tela Hoesterey requested staff contact Cal Trans about the possibility of restriping the merging lane on the I-5 between Rte. 55 and the Newport Avenue ofturamp ftorrelieve some of the congestion where vehicles merge in and o c. 3. SUS Ti nIt pMK CONCESSION STAND LEASE AGREEMEtif • Proposed agreement is for use Of decidedssion stand to make the concession Tustin Park. Mr. David Ascher. has stand afar-prof1c corporation with e intention making dona- tions to non-profYouth organizations in the Tustin area Councilwoman Kennedy expressed concern that the Council/staff does discust : require a minimum donation to youth groups. .. �. � sion followed. The Recreation Superintendent responded to Council questions. The City Manager suggested that if there is Councilofits nsentos youth that there should be a built-in formula for donating pr groups, staff will wow about w 1 srequired of Mr. on that tand nrd� Ascher. k to Council so there is no question Mr, Ascher stated he will pay the City 10% of gross profits after the first year of operation. He explained the procedure for donat- ing profits to youth groups on an as -needed basis, with requests to be submitted in writing. He stated he would not be interested in operating 'a concession stand which requires built-in percentages for various donations. Councilwoman Kennedy was strongly in favor of setting aside a cer- tain percentage for youth group donations, rather than leaving it to Mr. Ascher's discretion. Mayor Pro Tem Hoesterey suggested a review period at the expiration of the agreement.