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HomeMy WebLinkAboutPC Minutes 01-12-76MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION January 12, 19','6 The regular meeting of the City of Tustin Planning Commission was held on the twelth day of January 1976, at the hour of 7:40 p.m., of said day, in the Council Chambers, City Hall, Centennial at Main, Tustin, California. PLEDGE OF ALLEGIANCE was led by Commissioner Shambeck. INVOCATION was given by Commissioner Hill. ROLL CALL Present: Commissioners: McHarris, Hill, Shambeck, Sucher Absent: Commissioners: None (One Commission seat vacant). Others Present: R. Kenneth Fleagle, Assistant City Administrator- Community Development Director Bruce Lenorovitz, Assistant Planning Director James Rourke, City Attorney Mary Ann Chamberlain, Planning Commission Recording Secretary APPROVAL OF MINUTES f~/ 22 Moved by Sucher, seconded by Hill that the Minutes o , 1975 be approved. /~i/.~0, MOTION CARRIED: 4-0 PUBLIC HEARINGS Use Permit 76-2 - William Zappas, to permit the exterior and refurbishing of the Tustin Square Shopping Center. LOCATION: E1 Camino Real & Laguna Road. Chairman Mcltarris opened thc public hearing at 7:50 p.m. Seeing and hearing no one the hearing was closed at 7:41 p.m. After some discussion among the Commissioners, it was moved by Sucher, seconded by Shambeck to approve Resolution No. 1491, granting a Use Perm~ on application No. 76-2 of the Tustin Square Shopping Center. MOTION CARRIED: 4-0 Use Permit 76-1 - Five Point-U-Serve Incorporated, to permit the construction of a post-pay self serve gasoline station. LOCATION: Southwest corner of First Street and E1 Camino Real. Mr. Lenorovitz presented the staff report which included 8 recom- mendations that had been imposed on a previous application granted by the Commission and have not been met by this applicant. Mr. Lenorovitz advised that a determination must be made by the Com- mission whether or not this service station is a compatable use for this site. If it is, then consideration must be given as to whether this application should be denied because of lack of conformance to our development standards, or if a continuance should be granted to allow the applicant time to revise the plans in light of the staff report. PC Minutes 1/12/76, Page 2 The public hearing was opened at 8:05 p.m. ~ of Five Points-U-Serve stated that the landscaping and signing were no problem to conform with. IIis concern is the ac- cessibility of the property and essential that they have enough driveways especially the two on First Street. They would be agree- able to close a drive on E1 Camino. Mr. Martin Goldberg, attorney for Mr. Jim Lathrum, owner of the Bel Air Motel commented that he felt the site was not compatible for a service station because of the noise and fume polution and would possibly ruin the business of the next door motel. Mr. Goldberg also complained of the impact that the traffic would have on this corner. Margaret Byrd complained that there would be a traffic problem of getting into the station from E1 Camino Real. Mr. Lenorovitz informed the Commission that Mr. Sol Swirn, the property owner across the street had called to request denial of this application. The public hearing was closed at 8:35 p.m. After some discussion among the Commission, it was moved by Hill, seconded by Shambeck that a self serve gasoline station is a com- p--~bie use for the site, subject to the design criteria, and that the hearing be continued to allow the applicant to revise the plans. MOTION CARRIED: 4-0 Use Permit 76-3 - Metz Corporation, to permit an automotive tune-up center on behalf of Budget Dyno-Tune Company. LOCATION: 695 E1 Camino Real. The public hearing was opened at 9:13 p.m. Mr. Whitward, Officer of Dyno-Tune, explained to the Commission that in the future they hope to use this site for service to re- creational and larger vehicles. At this time they will install a planter on the west side of Service Bldg. No. 2. If at a later date they decide to do outside work at that service area, they would install a 6'8" decorative wall on two sides and a planter in front of the wall so as to screen the use from public view. Mr. Whitward also informed the Commission that the intended hours of operation would be in the 8 to 6 or 7:30 to 5:50 area. They are not an evening or Sunday operation. The public hearing was closed at 9:25 p.m. It was moved by Hill, seconded by Sucher to adopt Resolution No. 1492 granting a use permit on Ap~icat~n No. UP 76-3 of Budget Dyno-Tune Company. MOTION CARRIED: 4-0 Variance 76-1 - Don Williams, to vary with the Sign Ordinance (No. 614) for authority to install a 4' x 6' electric pole sign. LOCATION: 19 Laguna Road. Mr. Lenorovitz presented a staff report indicating that the sign was installed as a knowledgeable breach of the sign code and the variance was applied for to sanction the ordinance violation. The public hearing was opened at 9:35 p.m. PC Minutes 1/12/76, Page 3 Mr. Don Williams, applicant, stated that he felt he should be able ~o--~ep~is s~gn because the pole was already existing. Mr. Williams also stated his concerns regarding his sign and informed the Commission that he could not understand why the U-Tote-M Signs did not have to apply for a variance. Mr. Williams also told the Commission that he leased the building because he thought he could use the pole for his sign. The public hearing was closed at 10 p.m. Chairman McHarris stated that the Ordinance is very specific and he felt t~here was no reason to grant a variance in this situation, es- pecially since the applicant had not sufficiently showed an exception- al hardship. Moved_by Shambeck, seconded by_Hill, to adopt Resolution No. 1493 denying a variance on application #V-76-1 of Don Williams for an internally illuminated freestanding pole sign. MOTION CARRIED: 4-0 Moved by Hill, seconded bY Sucher to consider item Old Business No. 1 at th--~ time in the meeting. MOTION CARRIED: 4-0 OLD BUSINESS Tentative Tract 9084 - On application of CELS Corporation on behalf of Mark III Center and Howard and Glenice Morgan for the purpose of converting existing office buildings into condominium offices. LOCATION: 202 & 222 Fashion Lane. Mr. L.~norovitz presented the staff report and informed the Commission tha% their concerns that were raised at the previous meeting have been resolved by requiring CC&R's which are required to be read by all purchasers to make them aware of problems that might possibly occur in the future. Mr. Tallas Margrave, applicant for C.E.L.S. Corporation, informed the Commission that the Department of Real Estate does not publish a public report on commercial condominium conversions. Mr. Margrave suggested that the City require that a copy of the CC&R's and a pub- lic report be issued by the Division of Real Estate. Moved b~ Sucher, seconded by Hill to adopt Resolution No. 1481 which recommends approval of Tentative Tract No. 9084 to the City Council with 2 i to rea~: That all items pertinent to public knowledge shall be identified within the CC&R's, and that a statement of receipt and acknow- ledgement of said CC&R's shall be required from all purchasers, and a copy of such statement of receipt and acknowledgement be forwarded to the City of Tustin to be kept on file; and that a letter be sent by staff to the Department of Real Estate that a public report be published for this conversion. MOTION CARRIED: 4-0 PUBLIC HEARING .Zone Changes 76-1, 76 -2, 76 -3, 76 -4, 76 -5, 76 -6 - Reclassify subject properties to the Public and Institutional (P&I) District. The public hearing was opened by 10:40 p.m. Mr. Bill Lippar.d, Trustee for the First Southern Baptist Church, ~'~i~ned~ Commission as to what effect this zone change would have on their loan. Mr. Sucher explained that the lender is still PC ~4inutes 1/12/76, Page 4 in the same position as before and there would be no impact from this change. Art Barrett, Tustin News, questioned what effect Zone Change 76-3 would have on the assessed valuation of Utt Park. Mr. Fleagle answered that the State has not completed the valuation of the property. The public hearing was closed at 10:50 p.m. Moved by Sucher, seconded by IIill, to adopt Resolution Nos. 1483, 1~, ~4~5, 1486, 1487 and 1488 recommending approval of Zone Changes 76-1, 76-2, 76-3, 76-4, 76-5 and 76-6 to the City Council. MOTION CARRIED: 4-0 Zone Change 76-7 - Reclassify subject property from the C-2-P ~Comme~cial District to the Mobile Home Park (MIIP) District. LOCATION: 215 S. Prospect. The public hearing was opened at 10:55 p.m. Seeing and hearing no one the hearing was closed at 10:56 p.m. After some discussion among the Commissioners, it was moved by Shambeck, seconded by Hill to adopt Resolution No. 1483 recom- mending approval of Zone Change 76-7 to the City Council. MOTION CARRIED: 4-0 Zone Change 76-8 - Reclassify subject property from the Planned Industrial (PM) to the Commercial General (CG) District, located at 185 S. Prospect. The public hearing was opened at 11:12 p.m. Mr. Fleagle informed the Commission that Mrs. Schmetzer had stated that she was not against this zone change. The public hearing was closed at 11:13 p.m. Moved by Sucher, seconded by Shambeck to adopt Resolution No. 1490 r~c~mmending approval of Zone -C~-ange 76-8 to the City Council. MOTION CARRIED: 4-0 PUBLIC CONCERNS - None OLD BUSINESS - See minutes between Public hearino No. 4 & 5. NEW BUSINESS - None AUDIENCE PARTICIPATION Art Barrett, Tustin News, stated that he felt the City was wasting paper an~ ~ould save paper by zeroxing the Council and Commission information utilizing both sides of the paper. CORRESPONDENCE - None STAFF CONCERNS Move~. by Sucher, seconded by Shambeck, to initiate a public hearing for the purpose of gain'ih~ ~nfo~mation for a draft ordinance regarding use permits for massage parlors, theatres, artist studios, adult book stores and other unclassified uses. MOTION CARRIED: 4-0 PC Minutes 1/12/76, Page 5 CO~ViMI S S I ON CONCERNS 1. Traffic Hazard on Red Hill Avenue, southerly of Walnut Avenue. Received and filed. 2. Letter from San Juan Capistrano Planning Commission. Received and filed. ADJOURNMENT The meeting was adjourned at 11:40 p.m. ~N~ ~HE P~ANNING COMMISSION PLANNING ~MMISSION RECORDING SECRETARY