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HomeMy WebLinkAboutP.C. MINUTES 09-20-82TUSTIN PLANNING AGENCY Minutes of Regular Meeting September 20, 1982 The Planning Agency held a regular meeting Monday, September 20, 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 Edgar at 3:01 p.m. The Pledge of Allegiance was led by Mr. Saltarelli and the invocation was given by Mrs. Kennedy. ROLL CALL Present: Absent: Also present: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None William Huston, City Manager Michael Brotemarkle, Community Development Director Robert Ledendecker, Director of Public Works James Rourke, City Attorney Janet Hester, Recording Secretary MINUTES The minutes of the regular meeting held September 7, 1982, were approved as submitted with Mrs. Kennedy and Mr. Saltarelli abstaining. CONTINUED PUBLIC HEARINGS: Applicant: Locati on: Request: USE PERMIT 82-22 Arthur Johnson on behalf of Goldwyn Enterprises (Heritage House) 151Tustin Avenue Authorization to operate a deli restaurant with forty-five'(45) seats After presentation of the staff report, Chairman Edgar asked staff if, the project had fixed seating, would it meet code. Staff replied it would, but the prima~ issue before the Agency was if the location was appropriate. Chairman Edgar opened the Public Hearing at 3:05 p.m. Mr. John Goetten, representing the applicant, stated he was willing to comply with all recommendations in the report and had discussed shared parking with the owner of the building to the north. Mr. Greinke questioned the extent of the wine tasting operations. The applicant replied they would be restricted to special occasions with a limited number of guests. Mr. Hoesterey questioned how the additional parking would be secured. The applicant stated it would be through recorded C.C.&R.'s. Staff added the document would be subject to the review and approval of the City Attorney. The Public Hearing was closed at 3:10 p.m. Mr. Rourke commented on the numerous parking problems experienced by the previous owner and Mrs. Kennedy questioned if complaints had been received recently. Staff replied none had been; however, had expected objection from the office complex to the south which has historically had problems. Planning Agency Minutes September 20, 1982 Page 2 Mr. Saltarelli moved approval of Use Permit 82-22 and directed staff to prepare a resolution of approval to include: 1) a joint use agreement as related to parking, and; 2) in the future, if the building to the north is changed to a more intense use, the Heritage House would have to modify its seating accordingly. Mr. Greinke seconded. After discussion between the Agency and Mr. Rourke regarding the ability of the City to revoke the Use Permit, and Mr. Rourke's concern about the possibility of a lawsuit, Chairman Edgar called for the vote. Motion carried 3-2 AYES: EDGAR, GREINKE, SALTARELLI NOES: HOESTEREY, KENNEDY ABSENT: None 2. VARIANCE 82-9 Applicant: Location: Request: Robert & Maralys Wills 175 South "C" Street Authorization to vary with parking standards in conjunction with the construction of a professional office building After presentation of the staff report, Mr. Saltarelli questioned staff if the Agency would be setting a precedent from which they could not retreat if they approved this second structure with at-grade parking. Mr. Rourke responded they would unless other distinctions could be made with future projects. Chairman Edgar opened the Public Hearing at 3:30 p.m. Mr. George Carlson, architect for the project, presented drawings and a scale model to the Agency showing the roof line, the landscaping which would screen the parking and how the mechanical equipment would be contained within the building and not on the roof. In response to a question from Mrs. Kennedy, Mr. Carlson stated that sinking the parking into the ground would not only be economically infeasible, but would lose 2-3 parking spaces and cause drainage problems. Chairman Edgar closed the Public Hearing at 3:37 p.m. Mr. Greinke moved approval of Variance 82-9 by the adoption of Resolution No. 2056. Chairman Edgar seconded. Mrs. Kennedy expressed opposition to the project but felt in light of compliance with the code, she had to vote in favor. After discussion between Mr. Hoesterey and staff regarding the parking spaces, specifically the ratio of compact to standard, Mr. Rourke requested a momentary continuance of the item to be able to have discussion with Mr. Brotemarkle. Mr. Greinke moved continuance, Mr. Hoestery seconded. Motion carried unanimously. PUBLIC HEARINGS 1. VARIANCE 82-10 Applicant: Location: Request: Phillip B. Schindler 15601 Newport Avenue (C-1) District Authorization to vary with Zoning Code provisions to develop a lot of substandard width and to construct a driveway apron not in conformance with City Standard. Planning Agency Minutes September 20, 1982 Page 3 After presentation of the staff report, Mrs. Kennedy questioned when the State had sold the land as surplus property and if it had been sold as a substandard lot. The applicant stated he purchased the property as a substandard lot in 1976. Chairman Edgar opened the Public Hearing at 3:51 p.m. Mr. Phillip Schindler, applicant, stated that when he purchased the property, he was not aware it was under annexation proceedings. He had understood the parcel was under'the jurisdiction of the County of Orange. On the day his bid was accepted, he was informed the property had been annexed. The applicant expressed a willingness to lower the height of the spire from 38' to 35' if that was a problem. Mr. Hoesterey, after discussion with staff, stated that since 38' was typical of the Queene Anne style of architectural around which the building was designed, and since the height was obtained by use of a spire, the height was not an item of concern. Ms. Mona Sharp, owner of the adjacent property, spoke against the project stating the heavy traffic in the area and the placement and narrowness of the drive aisle would cause accidents. She also stated she did not want any of the fencing removed as it was her fence and she would be afraid of robberies. Mrs. Kennedy asked staff if it was possible Mr. Schindler was not aware of the annexation proceedings when he purchased the property. Staff responded affirmatively; however, he was made aware during the process. Mrs. Kennedy asked Ms. Sharp if the possibility existed for a future agreement for a joint driveway. Ms. Sharp stated there was no possibility whatsoever. Mr. Schindler stated he did not anticipate removing any fence, and the fence in question was on his property. Chairman Edgar closed the Public Hearing at 4:02 p.m. Mr. Saltarelli moved approval of Variance 82-10. Mr. Hoesterey seconded. After Agency discussion regarding width of the drive aisle, possible traffic problems, the desirability of the design of the structure and the fact that it is a one-tenant building, Mr. Hoesterey moved continuance of the hearing to the next regular meeting. Mr. Greinke seconded. Motion carried: 5-0 AYES: NOES: ABSENT: EDGAR, GREINKE,~HOESTERE¥, KENNEDY SALTARELLI None None CONTINUED PUBLIC HEARING 2. VARIANCE 82-9 After staff and Agency discussion regarding standards applied to buildings within the Old Towne area, averaging of the parking spaces, and adjustment of the square footage of the building, Chairman Edgar called for a vote on the previous motion to approve Variance 82-9 by the adoption of Resolution No. 2056. Motion carried: 3-2 AYES: NOES: ABSENT: EDGAR, GREINKE, KENNEDY HOESTEREY, SALTARELLI None Planning Agency Minutes September 20, 1982 Page 4 PUBLIC HEARINGS: 2. USE PERMIT 82-24 Applicant: Location: Request: Bharat Gala 750 E1Camino Authorization to relocate and raise a freeway identification {pole) sign from forty-five (45) feet to sixty (60) feet After presentation of the staff report, Chairman Edgar opened the Public Hearing at 4:34 p.m. Mr. Dave Kirby, Sunburst Signs, Garden Grove, stated he had changed the colors of the sign and felt the 60 foot height would give the motel good freeway visibility. Chairman Edgar closed the Public Hearing at 4:36 p.m. Mrs. Kennedy moved approval of Use Permit 82-24 by the adoption of Resolution No. 2058. Mr. Hoesterey seconded .... Motion carried: 5-0 AYES: ~OES: ABSENT: EDGAR, GREINKE, HOESTEREY, KENNEDY SALTARELLI None None 3. USE PERMIT 82-25 Applicant: Location: Request: Thomas P. Chudzinski 305 W. First Street (Commercial General-Planned Unit Development) Authorization to construct a 2,900 square foot retail/ wholesale book store in the Commercial General (Planned Unit Development District) After presentation of the staff report, Chairman Edgar opened the Public Hearing at 4:39 p.m. Seeing no one wishing to speak, Chairman Edgar closed the Public Hearing at 4:39 p.m. Mr. Greinke moved approval of Use Permit 82-25 by the adoption of Resolution No. 2060. Mr. Hoesterey seconded. Motion carried: 5-0 AYES: NOES: ABSENT: EDGAR, GREINKE, HOESTEREY, KENNEDY SALTARELLI None None PUBLIC CONCERNS: None OLD BUSINESS: None NEW BUSINESS: Applicant: Location: Request: Final Parcel Map 82-1026 Van Dell & Associates on behalf of Gfeller Development 445 South "C" Street ("C" Street Parking Structure and Plaza) Subdivide "C" Street parking structure into condominiums (Parcel 1) and create a parcel for the plaza (Parcel 2) Planning Agency Minutes September 20, 1982 Page 5 Mr. Saltarelli moved adoption of Resolution No. 2059 recommending to the City Council, approval of Final Parcel Map 82-1026. Mrs. Kennedy seconded. Motion carried: 5-0 AYES: NOES: ABSENT: EDGAR, GREINKE, HOESTEREY, KENNEDY, SALTARELLI None None ADJOURNMENT: At 4:43 p.m. to next regular meeting. an~et Heste~r / ec~or~n~ Secretary