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Home My WebLink AboutPC Minutes 08-09-76 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION August 9, 1976 The regular meeting of the City of Tustin Planning Commission was held on the ninth day of August, 1976, at the hour of 7:30 p.m., of said day in the Council Chambers, City Hall, Centennial at Main, Tustin, California. The meeting was called to order at 7:30 p.m. by Chairman Hill. PLEDGE OF ALLEGIANCE was led by Commissioner Robbins. INVOCATION was given by Commissioner Lathro~. ROLL CALL Present: Absent: Commissioners: Commissioners: }{ill, Glenn (Arrived at 7:35), Lathrop, Robbins McHarris Others Present: Dr. R. Kenneth Flaagle, Assistant City Administrator for Community Development Daniel Van Dorpe, Ass't Planning and Building Official Scott Nichols, Assistant City Attorney Mary Ann Chamberlain, Planning Commission Recording Secretary APPROVAL OF MINUTES Moved by Robbins, seconded by Lathro~ that the minutes of July 26, 1976 be 'approved. ' MOTION CARRIED: 4-0 PUBLIC HEARINGS Continued 1. Use Permit 76-16 - Roderick Fraser, to authorize the placement of an 8' X 16' ice vending machine in the parking lot of Don Jose Restaurant at 14882 Holt Avenue. Mr. Van Dor~e presented a synopsis of this continued hearing ahd recommended approval of this item. The public hearing was opened at 7:35 p.m. Mr. Mike Genevese, 17333 N. Lincoln, Anaheim, General Manager of the Don Jose Restaurants informed the Commission that this machine is to be used by the restaurant as well as for the public. Mr. Genevese also stated that the machine would have elevations like the restaurant and would be screened from Newport Avenue. The only access would be from Holt Avenue and none from Newport Avenue. The public hearing was closed at 7:40 p.m. Chairman Hill commented that he felt this was a commercial venture with no hardship nor nuisance to the neighborhood. His only concern is the traffic in and around the machine in the parking lot. It was moved by Lathrop, seconded by Robbins to approve Use Permit 76-16 by the adoption of Resolution No. 1527. MOTION CARRIED: 4-0 -1- PC Minutes 8-9-76, Page 2 Initial Hearings 1. Variance 76-5 - Gene King, to vary with the Zoning Ordinance for a 50' wide lot instead of the required 70' width in an R-3 (Multiple-Family) District. Location: 130 Pacific Street. Mr. Van Dorpe presented the staff report and the public hearing was opened at 7:45 p.m. Those speaking in favor of the variance were Bill Coate, 140 Pacific Street; Gene King, applicantj 1412 Olywn Drive, Tustin; Mr. Attebery, 155 Myrtle. The following spoke in objection to this application: Forrest Collar, 170 Pacific informed the Commission that the neighborhood is very much against this project as a traffic hazard exists in this area and the apartments will only add to it. Vera Murray, 185 Pacific, complained to the commission that the occupants of the subject property cause her problems with their children and animals. Also C & R employees park on the street in front of her house. Mrs. James, 180 Pacific Street, explained to the Commission that they have nothing but trouble with the C & R employees parking on the street which forces the James to park in their front yard. Mrs. Hunter, 180 Pacifi~ stated that there is not a house between the R-3 zone and Third Street that has a rental in it. Mrs. Hunter also complained of the traffic and requested 25 mile per hour signs at 2nd and Pacific. Art Charleton, 460 West Second Street, complained that the City has more apartments than what the residents need. Mr. Charleton also informed that there are not any rentals in back of the homes on Pacific. The Pacific and Second Street traffic was also discussed. Jack Hunter, 180 Pacific, complained to the Commission that the area is conjested enough without adding apartments. Mr. Hunter also stated that Yorba Street is like a race track and needs some kind of control from the City. Chairman Hill requested Staff to pass the traffic requests through to the Traffic Commission. Margaret Byrd also compalined of Pacific Street always being parked full of cars. The public hearing was closed at 8:12 p.m. Commissioner Robbins expressed concern that the large avacado trees would probably have to be removed to place this develop- ment on the property. Chairman Hill questioned if there would be a possible way to build this project at a lower density. Dr. Fleagle informed the Commission that a variance application had been approved in 1967 for a nine unit apartment on this property and this application is for 6 units. Dr. Fleagle related that building single family homes next to Commercial developments is less than desirous. All other R-3 developments have only one and one-half parking spaces for their developments and this develop- ment will have 2 spaces for each unit which is the same standard as the single-family home requirement. -2- PC Minutes 8-9-76, Page 3 Commissioner Glenn stated that he felt any decision to deny the request would be improper looking at the variance from all angles. Since the property owner has been paying R-3 taxes on the property, he felt that the Commission does not have the right to tell the property owner what to do with his property. Chairman Hill stated that the City should obtain the best level of development and if the City allows this apartment buffer, then they would have to allow all of them to go to apartments. Mr. Hill sug- gested that the condition on Pacific has changed and the City should retain its small town orientation. Moved by Lathrop, seconded by Glenn to approve Variance 76-5 by the adoption of ResolutiOn No. 1533. MOTION FAILED: 2-2 Ayes: Lathrop, Glenn. Noes: Hill, Robbins. Moved by Glenn, seconded by Lathrop to continue this Variance to a full Commission. MOTION CARRIED: 4-0 Use Permit 76-18 - Integrated, Inc., on behalf of Tungsten Carbide to authorize the installation of a protected chemical storage tank. Location: Lot 7, Tract 8603, 14451 Myford Road Mr. Van Dorpe reported that this tank is in conformance with Article 20 of the Building Code which deals with hazardous materials. This tank is located behind the main structure several 100 feet from Myford Road. The public portion of the meeting was opened at 8:40 p.m. Mr. Lloyd Dean, a nearby property owner, questioned if this tank would be placed underground. Mr. Van Dorpe answered that this tank would be completely surrounded by a 12' concrete wall which would be higher than the tank. Chairman Hill closed the hearing at 8:45 p.m. Commissioner Robbins commented that he felt the hazard of this tank is not great. It was moved by Lathrop, seconded by Robbins to approve Use Permit 76-18 by the adoption of Resolution No. 1532. MOTION CARRIED: 4-0 PUBLIC CONCERNS - None OLD BUSINESS 1. Resolution of Approval of Use Permit 76-15 (Akins Development Co.) Moved ~y Lathro~, seconded by }{ill to approve Use Permit 76-15 by the adoption of Resolution No. 1~29. Commissioner Robbins pointed out the similarity between the Akins Development and the Variance application that had just been considered, they were both R-3 and substandard buffer projects. He explained that his reason for being against it is because it is substandard and we should encourage good planning initially. ABOVE MOTION CARRIED: 3-1 No: Robbins PC Minutes 8-9-76, Page 4 NEW BUSINESS 1. Final Parcel Map 7.6-81 - J. A. Stewart Construction Co. Location: Tustin-Irvine Industrial Complex, Lots 3 & 4, Tract 8763. Moved by Lathrop, seconded by Glenn to approve Parcel Map 76-81 by the adoption of Resolution No. 1530. MOTION CARRIED: 4-0 2. Resolution of Approval for Annexation No. 91 - Mitchell- IIeatherfield (Revised). Dr. Fleagle explained that this annexation will have to go to a general election which is scheduled for November. Moved by Robbins, seconded by Lathrop to adopt Resolution No. 1531. MOTION CARRIED: 4-0 AUDIENCE PARTICIPATION - None CORRESPONDENCE 1. Letter from Mayor Edgar regarding Griffith Project. Chairman Hill thanked Commissioners Glenn and Lathrop for their participation in resolving areas of concern related to this project. STAFF CONCERNS - None COMMISSION CONCERNS - None ADJOURNMENT The meeting was adjourned at 9:00 p.m. CHAIRMAN OF THE PLANNING CO~SSION PLANNING CQ~qMISSION RECO/qDING SECRETARY