HomeMy WebLinkAboutPC Minutes 05-27-75 MINUTES OF A REGULAR MEETING
OF THE
CITY OF TUSTIN PLANNING COMMISSION
May 27, 1975
The regular meeting of the City of Tustin Planning Commission was held on the
twenty-seventh day of May, 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: McHarris, Dukleth, Hall, Kennedy, Schier
Absent:
Commissioners: None
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 led by Commissioner Schier.
APPROVAL OF MINUTES
Moved by Hill, seconded by Kennedy, that the minutes of May 12, 1975 be
approved.
MOTION CARRIED: 5-0
PUBLIC HEARING
Use Permit 75-1 - Application of First Christian Church of Tustin to
permit the development of a church and allied classrooms in the Public
& Institutional (P&I) District
Mr. Lenorovitz stated that the applicants are proposing a four phase develop-
ment on the property which is located on the south side of Irvine Blvd., 350
feet westerly of Red Hill Avenue, with the first phase being a church chapel.
The parking also will be in phases. A Zone Change was approved in 1972 to
reclassify the subject property from the R-1 (single-family) district to
the P&I District. Adjacent property to the east where the professional
office building is presently located was re-zoned to the PR District as part
of the same action. A Use Permit was approved in October 1972 authorizing
the development of a church and allied facilities but was not exercised and
subsequently lapsed. Staff feels that the use of the property for developing
a church is an appropriate and desirable one for the land in question and for
the surrounding area. In preliminary reviewing of the site and elevation plans
it was noted that further refinements of ~om~-desig~ items such as placement
of curbing, landscaping across the complete property frontage, interrelation-
ships of circulation between the adjacent properties, and the treatment of
the elevations is needed. Also review and approval of the final comprehensive
development plan by staff is necessary.
Commission Schier questioned whether the applicants have reviewed the
recommended changes prior to the meeting. Mr. Lenorovitz replied affirmative.
They had some reservations about several items -- one being landscaping 10'
depth along frontage of property to provide a visually attractive streetscape.
They felt it would be somewhat difficult for them to do this at the present
time and also questioned the need for the perimeter wall on the westerly and
southerly side which was a condition of the previous zone change making it
mandatory to install the wall.
Commissioner Kennedy asked if there will be a school involved with the church.
Commissioner Hill commented that some precise language be incorporated into
the parking agreement so it will be upheld.
Opened public hearing at 7:50 p.m.
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Page 2
Don Dickerson, 1371 Garland Street commented that the wooden fences are
falling down and that they need to be replaced with the wall which was part
of the agreement in the previous zone change. Also he was concerned that the
trash cans not be placed by the fence as most of the bedrooms are in the back
of the house and would get the noise. Another item of concern was that the
lights should not be directed toward the residential properties. If schools
were planned, where would the play yards be located?
Commissioner McHarris informed Mr. Dickerson that the preliminary sketch
shows the future playground to the rear, and that with the previous zone
change, the 6'8" wall could be installed on the residential property side,
if the residents grant their permission.
Robert Tischnor, 19021 Chadborn Lane, Santa Ana, stated that the church has
been a taxpayer to the City of Tustin for the past several years. The church
was formed in January 1967 with 25 members and since that time has moved five
times and has grown to 200 members. Various designs have been submitted for
the church over the past years and they now feel they have a design which will
meet the standards of the City of Tustin and will be an asset to the community.
There are no plans for an elementary school. The future phases will include
a church day school--never an elementary school.
The new minister of the First Christian Church added that we badly need a
permanent home in which to worship and urged the Planning Commission to adopt
the approving resolution.
Robert IIall, 17671 Irvine Blvd., stated that he was commissioned by the Church.
With the tight budget they are working with it was requested at this time for
the first phase of the development which includes the construction of the
chapel. They have already spent money to get the easement and frontage
improvements and were hoping that they did not have to streetscape the
front property at this time. We plan to do a nice job on the outside of the
chapel, but the inside will be very plain which can be improved upon later.
The second phase will be classrooms, and the third phase, will be additional
Sunday school rooms, and finally the sanctuary will be built which will hold
around 500. The wall will be costing about $7500 and hope that the Commission
will reconsider the need to construct the wall now. We have submitted
complete landscaping plans showing sprinkler, trees, but hope we can delay on
the 10' frontage streetscape. The playyards will not be next to the adjoin-
ing homes and the trash area is half way up the property and hidden behind
planters from street view--closest home 175'. The lighting would be in the
parking area around the entrance to the church, with low floodlights from
the church chapel. We would like not to be required to light the remainder
of the parking lot as most of our activity will be during the day. We plan
to go back to Mr. Dolley, owner of the office building, to work out the
parking agreement.
Commissioner McHarris asked staff what is our legal situation regarding the
permanent wall and is completion of the frontage part of this zone change?
Mr. Fleagle replied that the wall requirement is mandatory as part of the
previous zone change. Completion of street frontage is the requirement of
development policies adopted by the City Council.
Mr. Lenorovitz added that as a part of the approved conceptual plans with the
first use permit, a minimum 10' of landscaping along the frontage was provided
to insure an attractive streetscape similar in design and appearance to other
buildings in the area. Also the parking agreement was part of the initial
use permit.
Mr. Fleagle said that in reference to the wall construction, the Commission
owes in good faith to the residents of the adjoining property that the re-
quirement of the wall construction be upheld. As far as placing trees in
front of the wall, there is no objection if those trees are not planted now,
if it would mean a hardship upon the church. The trees could wait unti~ the
next phase of development. The most economical means of landscaping to meet
the requirement for the property frontage would be berm with sprinklers,
giving an aesthetic front and tieing the property into the church facility
and identifying the vacant land next to them as part of the church grounds.
Robert Hall stated they would agree to put up the wall now.
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Page 3
Mr. Fleagle stated that in granting the use permit as submitted any future
phase of development could be required to be submitted to the Commission for
review and approval without the necessity for a public hearing.
Closed public hearing at 8:50 p.m.
Moved by McHarris, seconded by Kennedy to adopt Resolution No. 1445, as
amended, adding the requirement for a 10' minimum landscaping area across the
total front, with parking accommodations to be the minimum acceptable by
design until phase two is developed as shown on our plot plan, and that any
future phases be submitted to the Planning Commission.
MOTION CARRIED: 5-0
2. An amendment to Ordinance No. 614 (Sign, Code)
Mr. Lenorovitz explained this request is to amend Article 8, Section 10(1)
to permit one wall or one monument building identification sign (single face)
not to exceed 12 square feet of sign face area, on each street frontage for
a professional building located on a corner lot. All other provisions of the
Professional District signing would remain the same. It is felt that with
this amendment, adequate signing would be assured to those professional office
buildings located on corner lots.
Opened public hearing at 9:25 p.m.
~, owner of building at Red Hill & Irvine Blvd., asked the Commissioners
to consider a double-face sign inasmuch as a single-face cannot be seen by the
traffic flow or position of the sun until you are on top or past the sign,
whereas the double-face sign can be positioned in such a way that the traffic
can see the sign.
Closed public hearing at 9:32 p.m.
Commissioner McHarris stated a lot of thought went into the Sign Ordinance
relative to difference between professional and commercial signing. Exposure
for corner lots was an oversight and now we are trying to correct it, but that
the single facing was thought out and he feels this provision should not be
changed.
Roved by Dukleth, seconded by Hill to adopt Resolution No. 1443 as drafted.
MOTION CARRIED: 5-0
PUBLIC CONCERNS - None
OLD BUSINESS - None
NEW BUSINESS
Mr. Fleagle_ told the Commission that Resolution No. 1446 recommending the
Sycamore-Red Hill Annexation No. 85 to the City of Tustin to the City Council,
scheduling of an election and an opportunity for the residents of the Red Hill-
Sycamore annexation area to become a part of the City of Tustin, is for their
approval.
Commissioner Schier inquired as to the work improvement costs and what they
included. Mr. Flea~le replied Sycamore would be programmed as an a~t~ri&l
which would require widening of right-of-way, relocation of curbs and side-
walks. Red Hill Avenue is mostly a matter of paving which has to be replaced.
This area is a 10-acre isolated island surrounded by the city on all sides
and will require an election which has been scheduled for the NOVEMBER ballot.
Commissioner Schier stated he believes the city should distribute some
~'iterature to the tenants in the area telling them exactly what the issues are,
the benefits they will be receiving, the city expenditures as well as their
own additional expenditures in taxes, tie suggested a statement should be
sent to the residents explaining both the advantages and disadvantages so
they would have the facts before them and not be influenced by an outside
source which has occurred in the past. Mr. Fleagle replied that a ballot
argument is prepared at the direction of the City Council. This goes out
before the election showing the extra services they will be getting versus
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Page 4
their present services. This development does have a Homeowners Association
which has been in touch with the City re the feasibility of this annexation.
~ommissioner Kennedy stated that maybe a new way should be suggested as a
possible means to convince these people to come into the city.
Commissioner McIIarris stated he felt the City should attend one of the
Homeowners Associaticn's meetings to discuss the annexation stressing the
additional benefits of police, fire, and city services. Commission Kennedy
volunteered to do this.
Moved by Schier, seconded.~y Kennedy to adopt Resolution No. 1446.
MOTION CARRIED: 5-0
1. Parcel Map 75-75 Enderle Center located at 17th & Yorba
Mr. Lenorovitz explained this parcel map includes the area encompassed by
Use Permit 74-9 and EIR 74-3 authorizing the development of a commercial and
professional complex to be known as the Enderle Center which is to be located
in the vicinity of 17th & Yorba Streets. The 12.4 acres of land will be
divided into 9 parcels. It is presently zoned R-3, C-2, P.C. and C-2, and
will require zone changes to the PC(C) District as required by Use Permit 74-9.
George Shambeck, tIall& Foreman, 2530 North Grand, SAnta Ana, stated the
purpose of the map is to create legal parcels for financing and leasing. The
only problem that has arisen is in regard to the condition requested by the
City Engineer pertaining to typical street sections. The street sections
shown are different than the typical city standards for street improvements.
The street sections indicated on the parcel map are the same as the street
sections shown on the site plan that was submitted with UP 74-9. Sidewalks
are proposed only for the south side of Vandenberg Lane and the east side of
Enderle Center Drive. Proposed sidewalks along Yorba Street are to be 7 and
5 feet wide instead of the normal 8 foot wide parkway.
Mr. Lenorovitz said approval of the use permit for the general development
plans and precise plans for each increment were to be reviewed in regard to
building design, setbacks, and landscaped areas. Street requirements are
the concern of the City Engineer. Therefore, an appropriate condition would
be that all on and off site improvements be constructed in conformance with
City of Tustin standards to the satisfaction of the City Engineer. The City
Engineer can work out various sidewalk arrangements which would accommodate
the proposals, to include locating utilities (street lights, fire hydrants,
etc.) behind the sidewalk.
A1 Enderle asked the Planning Commission whether this wauld permit the City
Engineer to eliminate a portion of the sidewalk as shown on the plans if to
his satisfaction. The City Attorney replied affirmative.
Mr. Flea~le explained that Mr. Shambeck was correct in his assumption that
there was a previous discussion related to the sidewalks and the interior
orientation of this development. For that reason it was determined on the
preliminary plot plan review that no sidewalk would be required on the
north side of Vandenberg Lane. Because there was no direct pedestrian access
from that street, a sidewalk on the south side was more convenient for main-
tenance. The same thing is true on Enderle Way as shown where the development
on the westerly side has an interior orientation. The City Engineer has the
discretion and authority based upon the Planning Commission's findings to
approve the design of the public improvements.
A1 Enderle, 3662 Carmel, Irvine stated he met with the City Engineer this
morning and came to an agreement on these items. He has no objections to
the zone change. In regard to dedication of street frontage on 17th Street
adjacent to parcel one with widening to ultimate width, he would like this
to be deleted from item 2b, as he presently has some leases which have not
yet expired. He would like to go ahead with parcel 5 in phase 1, without
these other items delaying the project.
Moved b~ Schier, seconded b~ Dukleth, to adopt Resolution No. 1447 as modified.
MOTION CARRIED: 5-0
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Page 5
Parcel Map 75-76 - Irvine Industrial Complex located between
Moulton Parkway and Dow Avenue
Mr. Lenorovitz explained this is a re-subdivision of Lots A & B of final
tract 8763, and encompasses about 27 acres being subdivided into 9 parcels.
Properties included within this parcel map are within the proposed avigational
easement and lie within the flood prone areas of Peter Canyon Wash. Any
building or improvements to be constructed within this area will be controlled
by the standards and requirements of the National Flood Insurance Program.
Included would be the requirement that the conditions of previous actions
pertaining to those properties would be complied with, which include street
frontage landscaping on any area abutting a dedicated street or roadway
within the area designed "avigational easement" with landscaping to be
installed at the time of development of any adjoining parcel.
Commissioner McHarris questioned "not a part" parcel.
Mike Babbitt, Irvine Industrial Complex, explained that "not a part" was a
portion of a piece of property that IIC deeded over to the Navy as part of
the ongoing agreement that had been taking place with the Navy. This pertains
to all avigational easements within the Irvine Ranch. In order to keep the:
agreement open, The Irvine Co. had to make a paper transfer about 7 or 8
months ago. This property and a small piece down near the E1 Toro Marine Air
Station were designated as pieces of property that had the same value as an
additional piece of property the Navy owned and due to be released to the
Irvine Co. at some future date. In answer to Commissioner McHarris' question
as to what happens to it, Mr. Babbitt replied nothing, just owned by the Navy
in fee.
Mr. Flea.~le stated this should be referred to the City Attorney for deter-
mination of applicability with the Subdivision Map Act since under the terms
of the Map Act it is unlawful for any persons to sell, offer for sale or
cause to permit to be sold any portion of any subdivision or parcel of land
in the city unless requirements of the ordinance have been met. This is the
first time it has come to our attention that the title has been transferred
or even obligated.
Moved by Dukleth, seconded by Hill to continue this item in order for the
~ity Attorney to research and give an opinion.
MOTION CARRIED: 5-0
Tentative Tract 8760 - Northside of San Juan between Newport Avenue
and Red Hill Avenue
Mr. Fleagle told the Planning Commission this resolution recommends their
approval of the tract map to the City Council. The subject property is in
the R-4 district and is being developed with 25 apartment units in 7 structures
No variance from the zoning ordinance is required and there is no discretion-
ary action necessary by the Commission. The project was approved by Orange
County for this division of the property into 7 building lots and the owner-
developer was encouraged to annex the property to the City of Tustin which was
accomplished on March 10, 1975. The subdivider is required to resubmit the
tentative map to the City upon annexation inasmuch as the final map had not
been approved by the County prior to. annexation.
Preston James, 1281 San Juan, owner of parcel lot 2 asked the Planning
CommiSsion to grant conditional approval subject to Council review of appro-
priate easement to accomplish hookup of sewer facilities to his lot. He
requests the following words be added "provide for sanitary sewage facilities
via city sewer and the appropriate connection thereto to dwelling on parcel 2."
Mr. Fle~gle replied that as a condition of approval of the tract map, the city
guarantees a sewer connection to his residence. As far as the easement, this
will have to be subject to the city engineer's approval. MR. James is
guaranteed by the terms of this resolution that he will have sewer connections.
A1 Sugarman, 1491 Baker Street, Costa Mesa, developer of property stated that
it is their intention to run a sewer line to Mr. James' home and hook him up.
It has a'lways been their intention to do this at their own expense.
Moved by Dukleth, seconded by Schier, to adopt Resolution No. 1444 as modified
approving tentative tract map 8760. MOTION CARRIED: 5-0
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Page 6
Moved by Hill, seconded by Dukleth, to adopt Resolution No. 1449 approving final
tract map 8760 as modified. MOTION CARRIED: 5-0
AUDIENCE PARTICIPATION - None
CORRESPONDENCE
Orange County Use Permit 3655 located southwest corner of Fairhaven Av~enhe
and Old Foothill Blvd. in the north Tustin area.
Moved by McHarris, seconded by Schier to direct staff to acknowledge without
action. MOTION CARRIED: 5-0
Commissioner Hill stated that it was nice to receive a letter from Mr. Carter
indicating his appreciation of the Planning Commission's findings of the last
meeting.
STAFF CONCERNS
Mr. Lenorovitz told the Commission that additional corrections and suggestions
have been lhcorporated into the Seismic Safety Element since the Commission's
initial review on May 12, 1975. These include a section on the Modified Mercalli
and Richter Scales, additional paragraphs regarding seismic impacts on Tustin and
a statement of goals. At this time we would like any additional comments or
suggestions for incorporation so that a public hearing can be set for the next
meeting. Commissioner Hill suggested a valuable addition would be the different
categories of earthquake building requirements. Also contour zones, definition
of zones, and structuring as it applies to Tustin would be helpful. Mr. Lenoro-
vitz replied the Uniform Building Code has divided the country into 4 seismic
zones, and California lies entirely within Zone 3. This is the most seismic prone
zone, and thus is the most restrictive in regard to building construction
requirements. Commissioner Hill inquired as to how seismic considerations are
taken into account during building construction.'Staff replied building plans
are structurally analyzed by a structural engineer applying the requirements
of the UBC. Moved by Minute Order to direct staff to advertise for a public
hearing for t~e next Planning Commission meeting. MOTION CARRIED: 5-0
CO~MISSION CONCERNS
Commissioner MmHarrisinquired as to what can be done about the trucks parking
on the former site of the packing houses on Newport Avenue, owned by the
Southern Pacific Railroad. Mr. Fleagle responded that the railroad had
posted no parking signs on the property, which are ignored. The Police Chief
reported that he cannot site the trucks on private property. The railroad
would have to initiate action against the trucks by ordering them to be
towed away.
Commissioner Hill stated he would like to see clearer reproductions of the
miniature maps. Mr. Fleagle replied that in accordance with the new Sub-
division Map Act the developer will be required to furnish a transparency
which will enable a better reproduction.
Moved by Kennedy, seconded b~ Dukleth, to adjourn at 11 p.m. to the next
regular meeting. MOTION CARRIED: 5-0 × ..... ~
I~ CNgMMISSI~N CHAIRMAN
PLANNING ~OMMISSION RECORDING SECRETARY