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HomeMy WebLinkAboutZA ACTION AGENDA 12-03-96 A C T I O N A G E N D ZONING ADMINISTRATOR ice# REGULAR MEETING IN x { r y i r . . `- TUESDAY i DECEMBER 3, 1996 a * +w A i y r - CALL TO ORDER: 10 :35 .m. Cbmmunity Development Department Conference Room a 4 y ROLL CALL: r 4 Staff + • Rick Brown, Zoning Administrator Designee Dainiel Fox, Senior Planner Scott Reekti�in, ,Associate 'Paer� Barbara Reyes, Recording Secretary PUBLIC CONCERNS . Limited to. 3 minutes per person for items not on the agenda. At this time members of the public may address the Zoning Administrator regarding any items not on the agenda and within the subject, matter jurisdiction f the Zoning * Administrator NO action Can .be taken off- ;. agenda items unless authorized by law) . y •. I F YOU WISH TO .ADDRESS THE ZONING ' r ` 7 ADMINISTRATOR ON ANY MATTER, PLEASE FILL OUT . ONE OF THE FORMS LOCATED ON THE SPEAKER' S r TABLE. WHEN YOU START TO ADDRESS THE ZONING ADMINISTRATOR, PLEASE S'K'ATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE ' CONTACT THE ZONING ADMINISTRATOR RECORDING I SECRETARY T 714) 573-3105 . CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL- B E ENACTED BY ONE r y •''I{!! MOTION. THERE WILL BE NO SEPARATE DISCUSSION * F OF THESE ITEMS PRIOR TO THE TIME OF THE VO'T'ING i ON THE MOTION UNLESS THE ZONING ADMINISTRATOR, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE 1 • DISCUSSED AND REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION. ) ---� No Items on Consent Calendar Zoning Administrator A 'tion Agenda December 3 , 1996 Page 2- - PUBLIC - .PUBLIC HEARINGS 1. Conditional Use Permit 96-037 -.Desicrn Review 96-051 APPLICANT. C.L. BURNETT PLAZA PROPERTIES, LLC 13031 NEWPORT AVENUE, SUITE 200 TUTIN, CA '92780 LANDOWNER:: UTHERN PACIFIC TRANSPORTATION COMPANY C. SCOTT BEHM, SOUTHERN PACIFIC REAL ESTATE 1200CORPORATE CENTER DRIVE, SUITE 100 MONTEREY- PARK, CA 91754 , LOCATION: VACANT PARCEL TO THE NORTH OF 13}031 NEWPORT AVENUE AND TO THE WEST OF 12901-12-943 NEWPORT AVENUE ZONING: MULTIPLE FAMILY RESIDENTIAL R-3 ENVIRONMENTAL -THIS PROJECT IS CATEGORICALLY EXEMPT (SECTION F STATUS: 15311, CLASS 11) PURSUANT TO THE CALIFORNIA S ENVIRONMENTAL QUALITY AC's' REQUEST: ESTA]BLISHME14T OF A COMMERCIAL PARKING LOT INA 501 BY 314' PORTION OF AN ABANDONED RAILROAD RIGHT-OF- WAY LOCATED IN THE MULTIPLE FAMILY RESIDENTIAL (R- 3) ZONING DISTRICT Recommendation -- Adopt Zoning Administrator Action 96-011 approving 5 Conditional Use Permit 96-037 and Design Review -051 . Presentation: Scott Ree stin, Associate Planner The Public Hearing opened at 10 :40 a.m. . Lynn Burnett, the applicant, stated he had reviewed the staff report and proposed conditions . The Administrator~ allowed time for those, present to review the report and conditions. F Dari O'Connor.- 344 Pacific Street,, Tustin, inquired if- the City planned to annex this property. Lynn Burnett stated that originally he had contracted to, pur has 2 .feet but found that 314 feet of the property is already in the City of Tustin. The City did not proceed forward on the annexation -of the area not located within the City. 5 Zoning Administrator Action Agenda December 3 , 1996 Page Dan ' Connor asked. if the City council denial of the annexation was final . Daniel Fox, Senior Planner, stated that the issued vias closed at this time but could be brought up again at a future date. Edward Per�r_r, 1 612 Clarissa Lane, Tustin, stated that his home was closest to the parking lot and he was concerned about drainage onto his property. He' stated that the railroad property is two feet below his property on both sides. The Administrator stated that the natural drainage is required to be maintained and at Plan Review the situation would be addressed. Edward Per`r` r stated he was concerned about access to the property especially in regard- to the Fire Department who wanted access to be in the area to the north of the parking lot . He also is concerned about access to the rights-of-way for Edison and the gas lines . The Administrator noted that ac ess to these rights-of way would actually be improved. Edward Perry mentioned the solid block wall as required -by Condition 2 .1 and asked who would be responsible for repairs should _ the easement holder need access. Scott R.ee stir, Associate Planner, stated that the Fire Department had... revi ewe d the plan and had no concerns, with the w ,l l. . The F i rye Department was only concerned with room to turn a fire truck around and asked that this be addre..ssed at Plan Check. There was no other concern about the easement to the north as, Warren Avenue provides adequate access. Demise Tidefor•eso, 12 91 A Newport Avenue, Tustin-I expressed concern { about the possibility of the security lighting shining into the Woodc est ap artme.a is. Their apartment complex has a' low turnover rate and there is concern that this will disturb tenants and may be a cause for revenue loss. The Administrator stated that one foot candle of illumination is needed to provide adequate lighting and a minimum level of illumination for security. Conditions require that there be no spillover- to surrounding properties and this will be reviewed at Plan Check. Zoning Administrator Action Agenda December' 3, 1996 Page Denise T.id for•eso stated that this may cover the situation for the lower floors but what about the top level where the lights will be even with the apartments . F r Daniel Fox stated that lights are required to be shielded and the apartment residents should not be able to see the light source. Lynn Burnett noted that the apartments have no west facing windows . Lawrence H. Buxton, 6 Morningsun, Irvine, stated. that .he envisioned the lights of a shoe box design which would not shine into the apartments . The Admi-nistrator stated that this type of situation is routinely reviewed at Plan Check and that lighting technology has evolvers to control glare and spillover. Denise Tideforeso expressed concern over security. she stated that before the gates and barbed wire were installed there was a lot' of _A, vandalism and break-ins. - She is concerned that if the gates are removed the -problem may return. She asked how the applicant could make assurances that only .employees and- valet service would park there . The Administrator stated that use of the -parking lot and employees in the area should discourage. vandalism and -paving of the lot will better- aid the Police Department to patrol . Denise Tideforeso stated that this area -is under the jurisdiction of the - Sheriff' s Department and it was almost impossible due to cutbacks to have then drive through on patrol . She feels that the City and the store ownersill be making a profit while the apartment owners are being overlooked. The apartment residents have several. concerns . They are in an unincorporated part of Tustin and believe t hey. are being "hung out to dr-y. " Lynn Burnett si ted that his office ,overlooks the parking area to the rear. He feels that security will be enhanced with activity there and since there is only one war in and one way out many people will be watching the area. * 1 Zoning Administrator Action- Agenda December , 1996 Page 5 - y Terry Jones, representing Woodr•est/Ramage Management, stated that she has a petition with 50 signatures asking that there be no parking lot but that the area be turned into something for the children. Children playing in the area now *may cause a problem for LaFa ette Plaza when -stray baseballs come over and hit the cars. Dan O' Connor, stated he was in attendance to speak in favor of the project. He is disappointed that the City of Tustin did not annex the property to 'begin with. He feels that the area use as a parking lot would be a benefit to all . As a tenant of the shopping center he has a direct -line of vision to this area and as it stands, now it is a dump with trash all over behind the apartments on the east side. He feels security will be enhanced, access will be totally open and it will be a viable' solution to the parking problem at LaF'ayette Plaza. Denise Tideforeso agrees that it is now a dump but that they have K F requested cleanup and have been denied on a regular~ basis due to county finances . She feels the situation will not abet better unless the wall: .is higher, - The Administrator stated that with this use the property would be routinely cleaned and maintained. Daniel Fox stated that as a requirement of City F' ode the height of the block wail would be 6 feet 8 inches as a separation between residential and ommercia}1 use and that the applicant would be re ponsibl_e for raising the wall to fill any gaps in the entire wal.l or put tip a totally new wall . i Edward P rr r asked where the six feet, eight inches was measured from. Daniel. Fox stated the measurement would be from the- parking lot' grade . 4 Terror Jones asked if gates ,would be installed and if they could b closed after each days use and when the shopping center is closed on Sundays.' Lynn Burnett stated the shopping center is open on Sunday but he is willing to work wih the apartment management on that issue. He feels that gateb would be an impediment to security. 'r 01 . Zoning Administrator Action Agenda December , 1.9 ..+ _n Page Dari. O'Connor asked if the height of the wall would be constant on the applicants side. Lynn Burnett_ stated that is the preferred method and can also be r done on the apartment side,, The Administrator stated that if the wale. is GI - 811 n the high side it should make it .even more difficult to climb over from the parking lot and the parking lot would not be seen from the apartments . r Demise Tideforeso expressed concern about the drainage and if pipes would be installed for this. The Administrator stated there were a number of means to address the drainage issue including' underground installation; this would be reviewed at Plan Check. The natural drainage should be maintained and the means of conveyance would be prepared by engineers . Daniel Fox suggested +that Condition 2 . 1 be revised to clarify the measurement f the wall by stating that the six foot eight ,inch solid masonry wall be Measured from the f ini sh abrade on the adj agent residential properties . Denise Tidef oreso stated that as it stands now the back wall is not level and expressed concern that children who might walk across it could get hurt ., Lawrence H. Buxton, stated that the line bf site will be level and that they want it to look right from both sides The Public Hearing closed at 11 : 19 a.m. r The Zonin Adman3.strator approved Conditional. Use Permit 96-037 and Design Review 96-051 by adopting Zoning Administrator Action 96-011 revised as follows: Condition .1, first sentence shall react, 11In accordance with Tustin City Cove Section 9271 (i) related to the required separation between commercial and residential uses, the parking lot expansion area shall he screened from surrounding residential properties by a 61 -811 high solid masonry wall measured from the finish .'grave on the adjacent residential properties*-" - 4 t Zoning A,dm'in istrator Action Agenda December 3 , 19X96 Page 7 The A 'moi nistrater advised, that there was a seven day appeal p,eriod, "WIN wh,i,.ch would end at 5 ,-, 00 p.,m. Tuesday, December 101,, 19,96' and, iLf anyone wisihied, to appeal the decision, they shoulntact Sclott Reekstin,,, the planner on this, project ., REGULAR BUS INES S No Regular Rusiness ADJOURMENT.1* I The mee-Ung 'u n, at 11 :20, The date: of the next regular meeting of' the Zoning Administrator will be set as items, are scheduled, f'or action. II Rick 'Bro,wn, Zoning, Admini.strat,or Designee '1100 Barbara Reyes, ,Zoning, Admi"nistrator ',Recording Secretary