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HomeMy WebLinkAboutPC Minutes 07-14-75 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION July 14, 1975 The regular meeting of the City of Tustin Planning Commission was held on the fourteenth day of July, 1975, at the hour of 7:30 p.m., of said day, in the Council Chambers, City Hall, Centennial at Main, Tustin, California. ROLL CALL Present: Commissioners: Dukleth, Hill, Kennedy, Schier Absent: Commissioners: McHarris Others Present: R. Kenneth Fleagle, Assistant City Administrator- Community Development Director Bruce Lenorovitz, Assistant Planning Director James Rourke, City Attorney Marge Will, Recording Secretary PLEDGE OF ALLEGIANCE was led by Commissioner Kennedy. INVOCATION was given by Commissioner Hill. APPROVAL OF MINUTES Moved by Schier, seconded by Hill that the minutes of June 23, 1975 be approved as amended. MOTION CARRIED: 4-0 Mr. Fleagle told the Commission Commissioner McHarris has asked to be excused this evening due to his travel to Alabama to participate in the space flight. PUBLIC HEARINGS (Continued) Use Permit 75-14 - On application of Lyle Anderson Jr. - to permit the use of subject premises for an auto parts store. Mr. Fleagle told the Commission application was submitted on June 9 for a public hearing for the proposal to establish an automobile parts store at 145 West First Street. The question was raised at that hearing relative to the relocation assistance paid to the previous occupant of that premise in relationship to the present use, which is the same use only to a lesser degree. The matter was on the agenda of June 23 and continued to this time and place at the request of the attorney for the applicant. The public hearing is still a public hearing and it is staff's position that the matter of equity in the property and the city's payment of relocation assistance is a matter between the City Attorney and the City Council and the applicant, and therefore staff would recommend approval of the use permit by adoption of Resolution No. 1450 which would permit the operation of an automobile parts store at that location. Commissioner Hill asked staff if the 4 alternatives are still open. Mr. Fleagle rep~'ied the 4 alternatives are still open to the City Council. Planning Commission may recommend alternative #4 which approves the use with the city to reserve the options open for any subsequent action for damages. The Commissioner Schier inquired whether Mr. Rourke has any other comments concerning this case than we had at the last meeting. Mr. Flea~le replied there is no formal communication from the City Attorney. He does however recommend that the matter be on the agenda and endorses staff's recommenda- tion for alternative #4. Opened public hearing at 7:40 p.m. PC Minutes 7/14/75 Page two Lyle Anderson commented on one of the conditions of the use permit which is that he pave the rear alley adjacent to his property. He said this is a dead-end alley and there would be no traffic on it whatsoever, and we are landscaping the rear of our building. We have extended ourselves financially to improve our property and don't feel we would have to improve the city's property also. He has a letter from the City dated July 12, 1974 which states the alley adjacent to the rear property line is existing as a dirt surface. This alley is not wide enough to pass fire fighting services to the rear of the proposed structure. Nothing can get through so why should we have to pave it? Commissioner Dukleth said he was not in a position to answer his question but that it is customary that public thoroughfares are improved adjacent to properties. Commissioner Kennedy asked Mr. Anderson how are your delivery trucks going to get in and back out? Mr. Anderson replied they would come in on the west side. We will only use about 15' of the city property and no plans to use the rest of it. It will be used for delivery entrance and exit only. Commissioner Schier asked staff what are the regulations regarding the alley. Mr. Fleagle replied there is a public policy statement adopted by the City Council requiring the developer to improve the properties both front and rear of the adjoining property when developed. There is no way the rear door can be serviced by trucks unless they pull past the door without blocking the adjoining property. In this instance the owner of the property was relieved of the necessity of improving the frontage on First Street since it was a city project. It's not an unusual nor unreasonable requirement. Commissioner Kennedy wanted to know if the alley would ever be used for parking in the future? Mr. Anderson replied all parking is in the front. Closed public hearing at 7:45 p.m. James Rourke, City Attorney stated that the questions raised earlier about the prior use and relocation assistance matters have been resolved to the satisfaction of staff, and the Commission does not need to further concern itself with any matter. It has been reviewed and brought to the attention of the City Council and been determined that the Commission should not hold up or otherwise be concerned with the problem. In answer to the Commission's question, Mr. Fleagle explained that if a man were coming in to develop raw land, he would be required as a condition of the development to dedicate the right of way and improve to city standards which means curb, gutter, paving and sidewalks. In this particular case, Mr. Anderson was paid for the right of way so he did not have to dedicate it and the improvements were put in at public expense. As far as the alley is concerned, Mr. Fleagle stated it would be to the adjoining property owner (Mr. Fredriksen) advantage to let a contract jointly for paving, as it will be less expensive for him to proceed with the paving at this time rather than later when he develops the property. If the Commission so desires, we will contact Mr. Fredriksen to ascertain if he would agree to participate in the joint paving of the alley. Moved by Commissioner Schier, seconded by Kennedy to adopt Resolution No. 1450 as drafted with the stipulation that the Planning Department contact the adjacent property owner, Mr. Fredriksen, to see if he will participate in the complete paving of the alleyway so that the alley is done at the same time for the joint benefit of both property owners. MOTION CARRIED: 4-0 1. Initial Use Permit 75-16 Mr. Lenorovitz explained that an application has been received by the architectural firm of Hippe and Randell on behalf of Henry Ho for a use permit to authorize the completion of a fast food drive-in restaurant facility at 14551 NEWPORT Avenue. The site was previously authorized as PC Minutes 7/14/75 Page three Minnie Pearl's fast-food operation by a use permit granted in 1969 but the site was vacated prior to its completion and remained unused since that time. The applicants propose to refurbish and complete the existing building shell, and to construct the on- and off-site improvements as necessary. Comments were received from the Building Official regarding structural analysis, kitchen equipment, resubmission of electrical plans, drainage plans, and related items. The City Engineer's comments pertained to parking lot layout, driveway depressions, and various other items. The Fire Marshal stated that the building must meet minimum fire code requirements which should be indicated at the time of the precise plan review. Staff feels the use seems to be compatible with surrounding land uses and zoning, and some refinements to the preliminary plans will be necessary such as provision for access for the handicapped, review of revision of parking lot layout and circulation, screening treatment of roof mounted equipment if it remains at the present location, and signing. It is recommended that a use permit be granted through adoption of Resolution No. 1455 specifying the conditions including the need for submittal of revised plot and elevation plans for review and approval by staff, and landscaping, irrigation, lighting and sign plans submitted at a later date. Opened public hearing at 8:05 p.m. George Randell, architect said the purpose of the development is to turn this property in~o the use it was originally intended for. There is not a tenant for the property as yet. We are searching for a suitable tenant but in the meantime the property is being brought into line according to the City of Tustin standards. The exterior of the building will be rebuilt and lighted preparatory for a tenant, which hopefully arrives in the near future. The basic structure will remain as it is without any further enlargement or alterations. The structure has been badly vandalized with some of the facing and roofing material and equipment either destroyed or carried off. This damage has to be repaired and the structure closed in in order to conform to the original form and specifications. If the tenant should require some alterations to the basic structure, we would propose to come back to the Planning Commission for their approval. Commissioner Schier inquired whether there would be a few tables either ~nside or outside. Mr. Randell replied that it would be a combination take- out and some outdoor service. Commissioner Dukleth questioned if there would be any problem on meeting the handicap requirements? Mr. Randell replied the building had been started long before this law became effective, however, with a one-story building there would be no problems. Commissioner Schier asked Mr. Randell if the recommendations made by the City Engineer and Fire Marshal are satisfactory to his review. Mr. Randell answered affirmative. Closed public hearing at 8:15 p.m. Commissioner Kennedy questioned the width of the driveway. Mr. Lenorovitz replied staff examined other possible layouts, but could not come up with any other configuration. With the minimum amount of landscaping around the perimeter limits the possibility of additional parking. Moved b~ Hill, seconded by Schier, to adopt Resolution No. 1455 as drafted. MOTION CARRIED: 4-0 PUBLIC CONCERNS Mrs. Margaret Byrd, 151 N. "B" Street, Tustin, stated she understands the Bel Air Motel was planning on adding a coffee shop and wanted to know where the parking would be for this addition? Mr. Lenorovitz replied that through a Zoning Administrator action approximately a month ago a use permit was approved for the coffee shop. Part of the complex will be facing E1 Camino Real, and close scrutiny to the parking was a limiting factor in the number of seats that were permitted for the coffee shop. PC Minutes 7/14/75 Page four In answer to Mrs. Byrd's question whether parking is permitted on E1 Camino Real, Mr. Lenorovitz replied at the present time it is; but there is a good possibility it might be red-curbed in the future according to the City Engineer's report. The applicant was made aware of this, but stated that most of the business would be coming from the motel itself. Perhaps they might get some walk-in business from the downtown area. OLD BUSINESS - None NEW BUSINESS 1. Revitalization of the Downtown Area Mr. Fleagle presented a slide presentation of PROD, a private downtown redevelopment project in Santa Cruz. The slides included pictures of commercial redevelopments in other cities and states. The Santa Cruz redevelopment was achieved by an assessment district, under the Municipal Improvement Act of 1913, without Federal funding. C_ommissioner Hill stated it would be interesting to see the financial review for t~is project. Mr. Fleagle said that it cost the merchants $100 per running front foot for d'evelopment of the mall in Santa Cruz, and that it might not cost as much for the E1 Camino Real project. Santa Cruz has a semi-mall which is strongly recommended as it is less expensive and the total assessment was $337,489 -- the city contribution $34,000, private contribution $9,000, and covered an area of about 4 or 5 blocks. With these slides we can show the businessmen in the area what can be done and what our objective is with the design study for the E1 Camino Real property. Commissioner Dukleth asked whether staff would keep this presentation for further showing to other groups, i.e., City Council and Chamber of Commerce. Mr. Fleagle replied we would retain possession and show it to the City Council, merchants in the area, and the Chamber of Commerce and should go along with the study that is awarded for the design of E1 Camino Real. At the request of Mr. Fleagle, Mr. Randell explained the London Town development near the Anaheim Convention Center which is a complete shopping village which supports and enhances recreational activities surrounding Disneyland. London Town was selected as the theme for the entire development tieing everything together in one integrated develop- ment. This development is in phases and developed when resources become available. Mr. Fleagle asked Mr. Randell if he could visualize E1 Camino Real taking on the character of the Santa Cruz mall. Mr. Randell replied that this type of redevelopment would revitalize downtown Tustin and make it grow and come back to life. Tustin has a his%ory and a tradition with a lot of citizens who have been here a long time who understand and know the area and all this adds up to something unique which would make Tustin very much in the flavor of Santa Cruz only it will be different. Commissioner Hill commented that the only missing ingredient is a general plan outlining the economic benefit to the merchants who will participate. John DeGennaro, 301 E1 Camino Real, Tustin, wanted to know how to gain control of the property as there are too many individual property owners. We have found it difficult to get control of enough property to be able to do anything. Commissioner Kennedy wanted to know how many landowners, percentagewise, ~ould h~ve to participate in the E1 Camino Real project to get it started. Mr. Flea~le replied 60% of the property owners would guarantee formation of an improvement district. There has been a change over the years in property ownership, as well as leadership in the downtown business community, and we have no way of assessing how many would be willing to participate in the redevelopment program at the present time. PC Minutes 7/14/75 Page five Commissioner Schier stated he would be interested to see how other c'i'ties got the interest of their absentee property owners who are sitting on old properties and letting them deteriorate. AUDIENCE PARTICIPATION - None CORRESPONDENCE - None STAFF CONCERNS Mr. Fleagle told the Commission on Tuesday morning the Traffic Committee of the County will meet on the Laurinda Way realignment on 17th Street and I have been requested to attend that meeting. We have advertised at City Council direction a public hearing for an amendment to the sign code for the purpose of determining the desirability of public input into "open house" directional signs. This hearing is scheduled for the Commission's July 28 meeting, and we will have some additional staff material for this meeting. COMMISSION CONCERNS - None Moved by Hill, seconded by Kennedy to adjourn at 9:50 p.m. to the next regular meeting on July 28, 1975. MOTION CARRIED: 4-0 P~yIN~C~MMISS ION CHAIRMAN PLANNING/COMMISSION RECORDING SECRETARY