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HomeMy WebLinkAboutP.C. MINUTES 10-04-82TUSTIN PLANNING AGENCY Minutes of Regular Meeting October 4, 1982 The Planning Agency held a regular meeting Monday, October 4, 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 3:04 p.m. The Pledge of Allegiance was led by Mr. Greinke and the invocation was given by Mr. Hoesterey. ROLL CALL Present: Edgar, Greinke, Hoesterey, Kennedy, Saltarelli Absent: None Also present: 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 20, 1982, were approved as submitted. CONTINUED PUBLIC HEARINGS: 1. VARIANCE 82-10 Applicant: Location: Request: Phillip B.Schindler 15601 Newport Avenue 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 standards. After presentation of the staff report, Mrs. Kennedy moved to delay consideration of the item until Mr. Whitney Sharpe, owner of the neighboring property, was present. Mr. Hoesterey seconded. Motion carried unanimously. PUBLIC CONCERNS: Realizing many in the audience were present to speak for the Public Concerns portion of the agenda, Chairman Edgar' moved ahead to that item. Betty Wagner, Housing Referral Representative, E1 Toro Marine Base, stated she had received many complaints from military personnel who were residents of the Windsor Gardens apartments. The complaints were a direct result of the condominium conversion process and included; serious lack of parking because of demolition of carports, no notice of conversion, patio doors boarded up, pool closed, water being turned off without notice, threats of eviction from manager, and chain link fencing. Lt. Anderson, Windsor Gardens resident, stated he felt the fencing created a fire hazard and fire trucks would not have access to the rear apartments. Dave Hudson, Windsor Gardens resident, stated he felt the residents had been lied to about the construction schedule. He had been told the carports would not be torn down until the new parking structure was complete. Fencing and barricades presented a fire hazard and parking was a serious problem. Planning Agency Minutes October 4, 1982 Page 2 Chairman Edgar asked Mr. Brotemarkle if Cai-State Associates, the developer of the project, was complying with conditions of the permit to convert. Mr. Brotemarkle stated that Cai-State had not anticipated such a high (almost 100%) occupancy rate during the conversion process and had hoped more people would take advantage of the relocation benefits before construction began. The Fire and Building Departments had inspected the complex and determined the patio doors were convenience accesses, and the fencing was required by Cal OSHA to keep people away from the hole being dug for the new parking structure. The fencing is secured with special locks that the emergency services can break to gain access. Cai-State was required to loop the water system in order to provide continuous availability during construction. Cai-State would not evict any tenant for complaining, most of the comments regarding eviction threats seemed to revolve around the manager of the complex. Cai-State was complying with the conditions set forth and though problems had been expected, not to the degree experienced because of the high occupancy rate. Chairman Edgar asked if staff had any suggestions. Mr. Brotemarkle replied staff had looked into the possibility of leasing parking space and also te~orarily eliminating red curbing along Mitchell. The Public Works Department felt City liability would be too great if the red curbing was temporarily waived. Mrs. Kennedy asked why people haven't moved. Betty Wagner stated that many of the tenants were not eligible for relocation benefits and could not afford to move. Debra Toman, Windsor Garden resident, stated that when she rented the apartment, she was not told about the conversion. She could not afford to move. Richard Weiss, Windsor Gardens resident, stated he had been told the conversion would not start for at least a year. He had signed a waiver of relocation benefits, but it did not give a specific date for the construction to start. He stated there were four dumpsters for 70 people, parking was a serious problem, emergency vehicles did not have access to the rear apartments, a rain would cause buildings to slide into the hole being dug for the parking structure, and the children had no place to play as the playground had been torn up. He also could not afford to move. Carmen Lesack, Windsor Gardens resident, stated a neighbor had found a dead rat. Mrs. Kennedy suggested perhaps a committee made up of the City Manager, a representative of Cai-State, and representatives of the tenants, could be formed to work out solutions. Chairman Edgar asked Mr. Ledendecker if the red curbing could be temporarily waived. Mr. Ledendecker replied, it was staff's recommendation not to remove the red curbing as the liability to the City would be too great. Chairman' Edgar asked Mr. Brotemarkle if the conversion was to be phased so as to eliminate problems such as parking. Mr. Brotemarkle stated it was not one of the conditions of approval. Planning Agency Minutes October 4, 1982 Page 3 Mr. Saltarelli stated he believed some concrete directions could be established to at least temporarily solve problems. He discussed five areas needing attention: 1. Trash: Either more dumpsters should be provided or pick up frequency increased; 2. Parking: See if more parking can be made available on Mitchell temporarily, with signage and patrol, or obtain temporary parking on other property (e.g., Stater Bros.) 3. Cai-State, he felt, should refund deposits to those wishing to leave immediately so they had money to go; 4. Check on a case by case basis to see what parties are entitled to relocation benefits; and 5. Ask the contractor or City to have someone on a permanent basis to look out for the general safety and everything el se while construction goes on. It was determined Item 5 should be at the developer's expense. Mr. Greinke asked if that was a motion. Mr. Saltarelli so moved, seconded by Mr. Greinke. Chairman Edgar requested Ms. Wagner work with staff as part of the motion in trying to solve problems and that staff report at the next regular meeting on the progress made. Mr. Hoesterey stated that Cai-State should have a better line of communication with the apartment manager to ensure she is following their direction. Motion carried: 5-0 AYES: NOES: ABSENT: EDGAR, GREINKE, HOESTEREY, KENNEDY SALTARELLI None None Chairman Edgar adjourned the meeting to the City Council at 3:50 p.m. and re-convened to the Planning Agency at 3:55 p.m. CONTINUED PUBLIC HEARINGS: 1. VARIANCE 82-10 Chairman Edgar opened the Public Hearing at 3:55 p.m. Phillip Schindler, applicant, stated there were driveways in the City smaller than what he was proposing, that his development would not add significantly to the traffic in the area, and when he purchased the property it was his understanding the property was, and would remain, under the jurisdication of the County. He asked why the City connected the parcel to the sewer if it was considered unbuildable. Whitney Sharp, owner of the neighboring business, asked how the City could Consider the property buildable now when it was not considered such before. The Public Hearing was closed at 4:02 p.m. Mr. Greinke moved denial, Mrs. Kennedy seconded, of Variance 82-10. Mr. Hoesterey stated he felt it was a good proposal for development of that site. The architectural theme was in keeping with what the City wanted and the structure would serve as a landmark for Tustin. Mrs. Kennedy felt the hardship resulting from the size and location of the property was self-imposed and would create a traffic hazard. Mr. Saltarelli suggested perhaps the City could offer to buy the land at appraised value. Planning Agency Minutes October 4, 1982 Page 4 Chairman Edgar stated that the driveways which were smaller than City standard had been grandfathered in. Motion carried: 3-2 AYES: NOES: ABSENT: EDGAR, GREINKE, KENNEDY HOESTEREY, SALTARELLI None PUBLIC HEARINGS: 1. USE PERMIT 82-27 Applicant: Location: Request: A.F. MacDonald 14982 Prospect (northeast corner of Prospect & First Street) Authorization for a pole sign of twenty-five (25) square feet and for the use of the property as a minor tune up center with the sale of propane gasoline After presentation of the staff report, Mr. Brotemarkle stated the staff recommendation was to continue the item to the next meeting to give staff and the applicant time to work out design considerations. The Public Hearing was opened at 4:15 p.m. Mr. A. MacDonald, applicant, stated he was willing to abide by most of staff's recommendations. He had purchased the business and obtained a business license before he realized a use permit was necessary to operate. He felt it would not be feasible for him to move the bay doors to the back of the building, as staff had suggested, because of cost. He stated he wanted to withdraw the request to sell propane. He intended to get the tune up portion of the business running smoothly before taking on additional responsibilities. Mrs. Kennedy asked if his operation would be noisy. Mr. MacDonald replied it would not. Mr. Greinke spoke to encourage the sale of propane as he felt there was a need for it in the community. The Public Hearing was closed at 4:24 p.m. Mr. Saltarelli moved, Mr. Greinke seconded, approval of Use Permit 82-27 with the conditions that the sale of propane would be allowed subject to review, that conditions 2, 4 and 5 of the staff report be incorporated into the resolution of approval, and that staff review the final plans and bring them before the Agency if necessary. Motion carried: 5-0 AYES: NOES: ABSENT: EDGAR, GREINKE, HOESTEREY, KENNEDY SALTARELLI None None 2. USE PERMIT 82-28 Applicant:- Location: Request: Frank Ohlgren on behalf of Larwin Square Limited 618 E. First Street Authorization to install thirty {30) video game machines as an arcade Mr. Brotemarkle presented the staff report stating the City had received no complaints about the. recently approved Ski Fever arcade. No complaints had been received from the tenants of Larwin Square and the owner of the center was willing to allow the arcade. Planning Agency Minutes. October 4, 1982 Page 5 Chairman Edgar opened the Public Hearing at 4:30 p.m. Mrs. Kennedy moved approval, Chairman Edgar seconded, of Use Permit 82-28 by the adoption of Resolution No. 2064. Mr. Saltarelli suggested the motion be amended to include a review in one year. Mrs. Kennedy and Chairman Edgar agreed to the amended motion. Motion carried: 5-0 AYES: NOES: ABSENT: 3. VARIANCE 82-11 Applicant: Location: Request: EDGAR, GREINKE, HOESTEREY, KENNEDY SALTARELLI None None James Lewis on behalf of Lewis Property 14772 Plaza Drive Authorization to allow architectural projections into the front and sideyard setback areas for a proposed office building After presentation of the staff report, Chairman Edgar opened the Public Hearing at 4:42 p.m. A representative of Lewis Properties, Inc., presented himself to the Agency for any questions they may have. Chairman Edgar closed the Public Hearing at 4:43 p.m. Mrs. Kennedy moved approval, Mr. Greinke seconded, of Variance 82-11 by the adoption of Resolution No. 2063. Motion carried: 5-0 AYES: EDGAR, GREINKE, HOESTEREY, KENNEDY SALTARELLI NOES: None ABSENT: None PUBLIC CONCERNS: None other than heard previously. OLD BUSINESS: 1. Resolution of Approval for Use Permit 82-22 (Heritage House) Mr. Saltarelli moved adoption, Mr. Greinke seconded, of Resolution No. 2062. Motion carried: 3-2 AYES: NOES: ABSENT: EDGAR, GREINKE, SALTARELLI HOESTEREY, KENNEDY None Mr. Brotemarkle informed the Agency that an appeal of the approval had been filed by the owner of the property to the south. NEW BUSINESS: None. STAFF CONCERNS: None. AGENCY CONCERNS: Mr. Saltarelli expressed concern over recently signed legislation authorizing the development of the "bullet train" from Los Angeles to San Diego which would give the State the authority to condemn private Planning Agency Minutes October 4, 1982 Page 6 and public property without a public hearing. This would affect Tustin as the proposed route would follow Interstate 5 which goes through the City. Mr. Saltarelli asked that staff and the City Attorney follow up to find out what is going on. Mr. Huston said staff knew nothing other than what was in the newspaper but understood that a movement was in progress to have the legislation reviewed. He felt the City should write a letter. Mr. Saltarelli also asked staff to look into the possibility of taxing video machines. Mr. Hoesterey asked why Mr. MacDonald would have been issued a license to operate before having approval for the use permit. Mr. Huston stated that was why the business license division had been moved to the Community Development Department. There would be better assurance of businesses meeting zoning and other codes. ADJOURNMENT: At 4:46 p.m. to the next regular meeting. Richard B. Edgar, Chairman 'Janet Hester Recording Secretary NI~r~S OF A R~c~AR ~rING OF '~u~ REDEVELOPMENT AGENCY OF TtU~ CITY 0~ T~STIN, CanTFORNIA O=tober 4, 1982 1. C~T.T- 'LO ORDER The meeting was called to order by Chairman Edgar at 4:46 p.m. in the City Council Chambers, 300 Centennial Way, Tustin, California. 2. RD~.T- C~T.T. Agency Members Present: Agency Members Absent: Others Present: .3 · APPROVAL Edgar, Greinke, Hoesterey, Kennedy, Saltarelli None James G. Rourke, City Attorney william A. Huston, Exec. Director/City Manager Mary E. Wynn, Recording Secretary/City Clerk Mike Brotemarkle, Community Development Director Ronald Nault, Finance Director Roy Gonzales, Personnel Director Bob Ledendecker, Director of Public Works R. Kenneth Fleagle, Consultant Dale Wick, Assistant City Engineer Eva Solis, Deputy City Clerk Approximately 20 in the audience It was moved by Hoesterey, seconded by Kennedy, to approve the minutes of the September 20, 1982, meeting. Chairman Edgar requested a correction to insert the following on page 3, under Item C, third line: "to include a plaque presentation to the TNT Committee." The motion carried 5-0 to approve the minutes as corrected. EL C2%MINO R~AL/M~kIN STREET IMPelS - PROPOSED DESIGN CHANGE FR~M A~F~C)vJ~u PI~N8 DUE TO FOUR LARGE TR~8 The Director of Public Works presented the staff report and recommenda- tion, and clarified the written report dated September 21, 1982, prepared by the Assistant City Engineer. Mr. Saltarelli suggested moving the curbs out on the east side of the street to accommodate the trees, and moving the curbs in on the west side to maintain the street width, whereby the street would have a slight curve but loss of parking spaces would be eliminated. The Director of Public Works indicated this would be feasible geometrically and traffic-safety wise, but staff would need to survey any impact on trees on the easterly side of the street. It was then moved by Hoesterey, seconded by Kennedy, to approve Alternate "B" - Authorize realignment of the new curb around four camphor trees to 24' from centerline and deletion of six parking spaces per Exhibit "A". Chairman Pro Tem Kennedy expressed her appreciation for the alternatives provided by staff on the matter. Following Agency/staff discussion, a substitute motion was made by Edgar, seconded by Greinke, to investigate the feasibility of Mr. Saltarelli's suggestion to realign the street with no loss of trees; and if not feasible, to proceed with Alternate "B". The Director suggested that if it's feasible to realign the street, that staff contact the affected people on the easterly side, and allow them the opportunity to review a plan and provide input before proceeding. The motion carried 5-0. Una Boosey, owner of property at 460 E1 Camino Real, received clarifica- tion on the Agency's action. 5. STA._'_'T~S ~EPO~ - ~., ~ ~.AL/HAI'N STEEET IMP~vuz4SNTS The Director of Public Works indicated that since preparation of the report dated September 21, 1982, staff has reviewed the project to deter- mine how to bring it closer to the December 4 completion date as origi- nally planned. He stated staff has considered allowing the contractor to REDEVELOPMENT AGENCY h~NUTES Page 2, 10-4-82 accelerate Phase III (westerly half of E1 Camino Real between Newport and Main), and noted that normally the contractor would not be allowed to com- mence Phase III until the northerly portion of Phase II has been totally completed. However, staff feels that by doing so, 2-1/2 to 3 weeks could be gained on the overall contract completion date. It was then moved by Edgar, seconded by Saltarelli, that Phase III be accelerated, but to communicate with all businesses to ensure it is acceptable to them. Agency/staff discussion followed. The motion carried 5-0. 95 6. OTW~R ~SINESS Chairman Pro Tem Kennedy reported that she had received inquiries about removal of the Jacobson Memorial Monument Sign on E1 Camino Real and E1 Camino Way and stated that it is going to be replaced as indicated to her by the Director of Public Works. It was moved by Kennedy, seconded by Greinke, to adjourn at 5:06 p.m. to the next adjourned regular meeting on Wednesday, October 20, 1982. Car- ried 5-0.