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