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HomeMy WebLinkAboutP.C. MINUTES 02-16-82 (2)TUSTIN PLANNING AGENCY Minutes of Regular Meeting February 1, 1982 The Planning Agency held a regular meeting Monday, February 1, 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 Mr. Edgar at 3:03 p.m. The Pledge of Allegiance was led by Mr. Saltarelli and the invocation was given by Mr. Edgar. ROLL CALL Present: Absent: Also present: Edgar, Kennedy, Saltarelli Sharp, Hoesterey William Huston, City Manager Michael Brotemarkle, Community Development Director Robert Ledendecker, Director Public Works/Engineering James Rourke, City Attorney Mary Ann Chamberlain, Recording Secretary MINUTES The minutes of the regular meeting held January 18, 1982, were ap- proved as submitted. PUBLIC HEARINGS: 1. USE PERMIT 82-1 Applicant: Location: Request: Wellington Group 14351 Red Hill Avenue Construct condominium offices Mr. Brotemarkle presented the staff report. He reported that in August, 1981, a Variance had been approved reducing the side yard setback. The present request is for approval to sell the units as condominiums rather than lease as offices. Mr. Brotemarkle also stated that correspondence had been received from 14352 Green Valley requesting that: 1) a new wall be installed in conjunction with the development of this project; 2) screening and lighting be reviewed and; 3) view from second story be screened. Mr. Saltarelli questioned if the rear yard setback was in conformace to the present code and was informed it was. Mrs. Kennedy questioned if one of the requirements should be assigned parking. Mr. Brotemarkle said that in a residential condominium the agency could request assigned parking but in a commercial district it is left up to the seller. Mr. Edgar opened public hearing at 3:07 p.m. Mr. Gerald Rewers, 14712 Danbury, Tustin, owner and president of the Wellington Group stated that the Variance had been approved in August of lg81 and the new proposal is simply to be able to sell the units as condominiums. The company is making the request for financial reasons. While the site plan required some minor changes, the square footage, parking and density will be the same. The setback would be slightly larger. Planning Agency Minutes February 1, 1982 Page 2 Mr. Rewers stated that in a co,,mercial complex such as this there is better usage of available parking if spaces are not assigned. The offices were originally set up as a one lot subdivision with five (5) units and they are now applying for eight (8). No other changes. Mr. Rewers stated two concerns. With the City planning to install a storm drain in the 1982-83 year, which would run across the front of the property, the Wellington group is willing to install the required pipe but wants to be reimbursed. Also, he felt the condition requiring separate water and sewer connections was unnecessary and asked that it be deleted. Mr. Saltarelli questioned if there were any conditions requiring that cable TV lines be installed underground. Mr. Brotemarkle replied that all future lines would be underground. Mr. Edgar asked for comments from Public Works Department regarding the drain and separate water/sewer connections. Mr. Ledendecker stated the developer could proceed with the storm drain on a reimbursable basis and that joint use of the water and sewer lines was in concurrence with regulations. The Public Hearing closed at 3:16 p.m. Mr. Saltarelli moved approval of the project, as requested, to author- ize the condominium concept for 8 units; that they delete the water meter separation requirement, and that the setbacks that were pre- viously approved by the variance still apply and also that the reimbursement agreement as suggested by the City Engineer be approved. Mr. Edgar seconded the motion. Mrs. Kennedy asked Staff not to allow any deviation in plans or increase in square footage. Motion carried: 3 - 0 AYES: NOES: ABSENT: SALTARELLI, EDGAR, KENNEDY None SHARP, HOESTEREY 2. VARIANCE 82-1 Applicant: Location: Request: Maurice Lebanoff 17292 McFadden To vary with the side yard setback for a primary arterial highway. Mr. Brotemarkle presented the staff report. He stated there was the possibility of McFadden being widened and if that were the case, Mr. Lebanoff's requested extension would place the building into the right-of-way. Staff recommended allowing an extension of no more than five (5) feet which is approximately 50% of the request. The Public Hearing was opened at 3:21 p.m. Maurice Lebanoff stated that as a builder he had constructed many buildings in Tustin of which he was very proud. At the present time he was having difficulty finding good tenants in this particular center. He felt if he could provide better quality units the project would attract more responsible tenants and therefore keep the center attractive for many years. He was requesting an 11 'x40' extention for two reasons; 1) to provide a more usable unit and; 2) to give his center better visibility from McFadden. He stated the 11 'extension would bring his property in line with the adjacent building. When he P1 anning Agency Mi nutes February 1, 1982 Page 3 originally developed the area he had dedicated this property to the City. And in his original submittal of plans, there had been no concern on the part of Staff regarding the setback. He responded to Staff's other concern regarding the grading difference between the property and the right-of-way by saying he would be willing to comply with whatever grading requirements Staff set. He requested the Agency approve at least a ten (10) foot setback, if not the eleven (11) he was requesting. He stated the five (5) feet would not give him enough room for the proposed user. Mr. Edgar asked Staff if the adjacent building Mr. Lebanoff mentioned extend 10 feet past his present building. Staff stated the roof line of the building did extend 10 feet, but the foundation of the building did not. Mr. Lebanoff stated the roof was an integral part of the building and not merely a facade. The Public Hearing was closed at 3:32 p.m. Mrs. Kennedy asked if the building, as is, has the required setback. Mr. Brotemarkle stated it does not. The present required setback is 15' and the setback is now 10' There is no record of any Variance allowing the extra 5 feet. Mrs. Kennedy stated the City needed to clarify its position on setbacks and arterials. Mr. Saltarelli stated he doubted McFadden will ever be widened due to cost and the fact the street dead-ends one block away. He stated he felt the right-of-way and dedication are arbitrary decisions and he would approve 10 feet as it would help Mr. Lebannof and still leave 1 foot in case McFadden is widened. It was moved by Mr. Saltarelli, seconded by Mr. Edgar approve 10 feet from the present foundation. Mr. Brotemarkle stated the motion should say "to ultimate right-of- way." Mr. Saltarelli stated the motion should say not to exceed 10 feet. Motion carried: 2-1 AYES: NOES: ABSENT: SALTARELLI, EDGAR KENNEDY SHARP, HOESTEREY PUBLIC CONCERNS The president of the tenants association of the California Apartments expressed concern over the possibility of a raise in rent. Mr. Edgar stated that unless the tenants and developer came to the City with an agreement, there could be no raise in rent. The tenants should not be concerned unless they are actually confronted with a raise. OLD BUSINESS: None Planning Agency Minutes February 1, 1982 Page 4 NEW BUSINESS 1. Tentative Tract No. 11746 Moved by Mr. Saltarelli, seconded by Mr. Edgar to recommend approval to the City Council of Tentative Tract 11476 by the adoption of Resolution No. 2018. Motion carried: 3-0 ADJOURNMENT: 1982. AYES: NOES: ABSENT: SALTARELLI, EDGAR, KENNEDY None SHARP, HOESTEREY To the next regular meeting to be held on February 16, Richard B. Edgar Mary Ann Chamberlain Recording Secretary.