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HomeMy WebLinkAboutP.C. MINUTES 01-18-82TUSTIN PLANNING AGENCY Minutes of Regular Meeting January 18, 1982 The Planning Agency held a regular meeting Monday, January 18, 1982, at 3:00 p.m. in the Council Chambers of the City Hall, 300 Centennial Way, Tustin, California. The meeting was called to order by Chairman Sharp at 3:03 p.m. The Pledge of Allegiance was led by Mr. Edgar and the invocation was given by Mr. Hoesterey. ROLL CALL Present: Absent: SHARP, EDGAR, HOESTEREY, KENNEDY, SALTARELLI None. Others: MINUTES William Huston, City Manager Michael Brotemarkle, Community Development Director James Rourke, City Attorney Mary Ann Chamberlain, Assoc. Planner, Recording Secretary The minutes of the regular meetings held December 21 1981, and January 4, 1982 were approved as submitted. PUBLIC HEARINGS: 1. USE PERMIT 81-35 APPLICANT: Arthur & Zeny Remegio LOCATION: 14752 Holt Avenue REQUEST: Guest home for the aged. The application for the above project was withdrawn by the applicants. PUBLIC CONCERNS Mr. Harold Jackson, an attorney in Tustin since 1974 urged the Agency to publically oppose the Santiago Canyon Airport proposal. This site, which is less than five miles from Tustin is being considered as a pos- sible airport site by the staff of SCAG and a blue ribbon committee appointed by the Board of Supervisors. After a brief presentation by Mr. Jackson, Mr. Edgar stated that the Agency would take no position at this point, only after a specific plan is presented. Mr. Sharp commented that when a EIR is submitted, then public hearings will be held and public testimony taken. OLD BUSINESS I. Site Plan Review - Northwest corner Myford and Walnut After a brief presentation of the staff report, Mr. Saltarelli stated he was still concerned with the office being too great in the indus- trial area. Mr. Edgar questioned Mr. Brotemarkle what are the mechanics of guaran- teeing that a building will not be developed with more than 50% office space. Mr. Brotemarkle informed that legal action would be taken by the Irvine Co,any and the City of Tustin. Mrs. Kennedy questioned if this particular project meets the code. Mr. Brotemarkle answered in the affirmative and informed that no tenant has been leased to at this time. Planning Agency Minutes January 18, 1982 Page 2 Moved by Kennedy, seconded by Edgar to approve Staff's recommendation. MOTION CARRIED: 4-1 AYES: NOES: ABSENT: Sharp, Hoesterery, Kennedy, Edgar Saltarelli NONE NEW BUSINESS 1. Tentative Tract No. 11649 Moved by Edgar, seconded by Saltarelli to recommend approval to the City Council of Tentative Tract No. 116¢9 by the adoption of Resolution No. 2015. MOTION CARRIED: 5-0 AYES: Sharp, Edgar, Hoesterey, Kennedy, Saltarelli NOES: NONE ABSENT: NONE STAFF CONCERNS Mr. Brotemarkle informed the Agency that Staff is monitoring the pro- posed Santiago Canyon Airport site and will keep the Agency informed. In May a report is due to be published on this site and other suggested sites in the area. Mr. Sharp commented that we need surveillance on this proposed airport and will hold Staff responsible to keep the Agency informed. AGENCY CONCERNS - None. ADJOURNMENT - The meeting was adjourned at 3:35 p.m. to the 7:30 p.m. meeting. TUSTIN PLANNING AGENCY Minutes of 7:30 p.m. Meeting January 18, 1982 The Planning Agency was called to order at 7:35 p.m. ROLL CALL Present: Absent: Others: SHARP, EDGAR, HOESTEREY, KENNEDY, SALTARELLI None William Huston, City Manager Michael Brotemarkle, Community Development Director MaN Ann Chamberlain,. Assoc. Planner, Recording Secretary Bob Ledendecker,Director of Public Works/City Engineer James Rourke, City Attorney Charles Thayer, Chief of Police Alan Warren, Senior Planner Ed Knight, Associate Planner CONTINUED PUBLIC HEARING 1. USE PERMIT 81-31 APPLICANT: LOCATION: REQUEST: Mangano, Messenbrink and DeCosta 14722 Newport Avenue Authorization to operate an electronic game arcade After the presentaton of the staff report the public hearing was opened at 7:37 p.m. Planning Agency Minutes January 18, 1982 Page 3 Gerald Wolf, 17731 Irvine Blvd., Suite 108, Tustin, Attorney represent- ing the applicant stated that they have met with the City staff and no concensus of conditions had been met because some of the conditions were excessive and unreasonable. Mr. Wolf stated that they do however consent to eight of the ten conditions which were discussed at the staff meeting: 1. Hours of operations; 11:00 a.m. to 11:00 p.m., 7 days a week. 2. Only one entrance. 3. Separate security office. 4. Security plan which would be approved by Police Dept. 5. Police security background checks on all personnel. 6. Tokens to be used instead of cash (on machines). 7. The restaurant and gaming area would be construed as one enterprise. If the restaurant would close, so would the gaming area. 8. They would reduce the 45 machines to 30 in the gaming area. The ninth condition discussed was that the permit would be valid for one year only. The applicant thought this would be discrlminatory. The tenth condition was that they would pay $40,000 annually for one uniformed police officer. Mr. Wolf commented that the City did not have any authority to request such a condition because it was arbitrary and unconstitutional. He further stated that taxes have to be imposed uniformly and not just on one person because the City has a gross receipts tax for its business license. Mr. Wolf stated that staff had presented unsupported conclusions; the issue of young people congregating - there was no evidence that the City would experience a higher crime rate. The Agency must determine if the use is detrimental to health, safety and welfare of neighborhood if they are going to deny the permit. Mr. Ernest Young, 1162 Mear Lane, commented that perhaps the homeowners should have also hired a lawyer to represent their case. Mr. Young stated that this project is of grave concern to their residential neigh- borhood since this use is not compatible for their neighborhood. Chairman Sharp questioned staff if this project is categorically exempt from the California Environmental Quality Act. The answer was in the affirmative. Mr. Jon Harrison, 14802 Newport Blvd., 4-D', President of the Sycamore Gardens Homeowners Association stated that they have collected 123 signatures of residents in the area that are opposed to this project being in this area. Mr. Harrison stated that they felt this building would be better for some other commercial use and some other location would be better for the gaming use. Mr. Harrison further commented that this use would be too close to many different schools. On Red Hill and Newport Avenue, south from the freeway there are about 35 machines. Now the City would be doubling that amount with only one extra business. Mr. Harrison felt that this property was not properly zoned for this use. C-1 uses are designed for services of the neighborhood and this use is not quite compatible. He felt that this use should be in a C-2 or CG zone. Mr. Harrison felt that E1Camino Plaza or Builders Emporium would be a better place and properly zoned and requested the Agency to either deny this permit or have them go into a more compatible area. Roger Passaglia, 14082 Newport Avenue, #lB, commented that he doesn't have as polished a defense as the attorney for the applicant but questioned if the building is large enough to hold this use. He further questioned the Sunday morning traffic and inadequate lighting in the area. Planning Agency Minutes January 18, 1982 Page 4 The public portion of the hearing was closed at 8:10 p.m. Discussion among the Council members centered around the location of the proposed use, other similar uses and controls that could be placed on the applicant. Mr. Edgar commented that most cities in Orange County are passing ordi- nances pertaining to this use and perhaps the health, safety, and wel- fare of the surrounding residents are being impacted. Moved by Kennedy, seconded by Edgar to direct staff to prepare an ordi- nance that covers the protection of the residents in the area, plus hospitals, schools and churches, and to deny USE PERMIT 81-31 and not consider any Use Permits for businesses to install mOre than 5 machines until an ordinance is adopted. Mr. Hoesterey commented that he had noted the harassment of a 7-11 store clerk by patrons using the gaming machines in those stores. Mr. Saltarelli stated that he felt it was the Council's obligation to allow business to proceed with the same precaution as other recreation uses such as tennis, etc. If the other gaming uses in Tustin are decent productive businesses, why can't this one be the same? Chairman Sharp stated that he feels the Council should develop some rules and regulations for these businesses but not in a public session like this one. We should address businessmen's constitutional rights and meet both sides of the needs. Mr. Saltarelli suggested several conditions to regulate this applicant's proposal and explore possible alternatives. MOTION,,CARRIED: 4-1 AYES: Sharp, Edgar, Hoesterey, Kennedy NOES: Saltarelli ABSENT: None Mr. Rourke commented that the proposed ordinance would be presented within one month. 2. VARIANCE 81-8 APPLICANT: LOCATION: REQUEST: Cal State Associates CCLV "A" 14882-14942 Newport Avenue To convert 296 apartment complex to condominiums After the presentation of the staff report by Mr. Brotemarkle, the public hearing was opened at 8:37 p.m. Craig Kelford, 2203S S. Main Street, Carson architect for the project, stated that they took the suggestions from the Council and residents of the community and have revised the plan to include more open space which eliminates the parking structure and reduces the density from 296 units to 234 units. Additionally, the new plan provides parking within 200 feet from any unit. Also two of the units will be converted into a sauna and a recreation room. Steve Price, 14918 Newport Avenue, tenant of the Californian Apart- ments spoke in favor of this new plan for the condominiums and praised everyone for their cooperation for a better project. Henry Hudson, vice-president of Cal State Associates, spoke in favor of the conversion and new plan presented and thanked the staff and Council/Agency for their cooperation. Planning Agency Minutes January 18, 1982 Page 5 Jon Harrison, Sycamore Gardens Homeowners Association, spoke in favor of the new plan and stated that they fully supported the new proposal. The public hearing was closed at 8:48 p.m. Mr. Brotemarkle informed the Agency that the resolution would be modified to reflect: 1) the reduction from 296 to 234; 2) parking structures changed to parking areas: and 3) II-D should be eliminated (concerning the school district property). Mr. Brotemarkle stated that the applicant has discussed a concern over the fact that there can be no rent increases even though the utility costs have risen since the project was started more than a year ago. They have indicated that they will work with the tenants association and then City staff to come up with a percentage to recover the utility costs and submit to the Agency for their consideration. Mr. Hoestery and Mr. Edgar agreed to the amendment of the resolution. Mr. Edgar commented that he would like to see a letter, co-signed by the developer and homeowners group, saying that everyone understands the issues and the problems with the conversion. Mr. Edgar recommended that the correspondence be submitted every month or two in order to avoid misunderstandings with such a complex conversion. The Council agreed. MOTION CARIED: 5-0 AYES: NOES: ABSENT: Sharp, Edgar, Hoesterey, Kennedy, Saltarelli None None ADJOURNMENT The meeting was adjourned at 8:55 p.m. to the next regular meeting. James B. Sharp, {~airman Recording Secretary