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HomeMy WebLinkAboutPC Minutes 12-10-73 M~NUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION December 10, 1973 The regular meeting of the City of Tustin Planning Commission was held on the 10th day of December, 1973, at the hour of 7:30 p.m. of said day, in the Council Chambers, 275 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Commissioner McHarris. The Invocation was given by Commissioner Dombrow. ROLL CALL Present: Absent: None. Others present: Dombrow, Edgar, Hare, Larnard, McHarris R. Kenneth Fleagle, Asst. City Administrator- Community Development Director James Rourke, City Attorney Bruce Lenorovitz, Assistant Planning Director Jessica Carroll, Planning Commission Recording Secretary APPROVAL OF MINUTES Commissioner Hare moved for approval of the minutes of November 26, 1973, seconded by Commissloner~- Dombrow. Carried unanimously. PUBLIC HEARINGS (CONTINUED) 1. ENVIRONMENTAL IMPACT REPORT (DRAFT) - THE IRVINE COMPANY Location:' Bounded by the Santa Ana Freeway to the north- east, the future alignment of Myford Avenue to the south- east, the U. S. Marine Corps Air Station (H) to the southwest, and the future alignment of Jamboree Road to the northwest. Mr. Flyable presented a background synopsis, stating that in the opinion of staff, all answers to questions posed had been answered, except those concerns having to do with a total City analysis. This particular EIR addresses a specific area of the City. The public hearing was opened at 7:40 p.m. David Neish, The Irvine Company, 550 Newport Center Drive, Newport Beach, stated that the Irvine Company had now submitted a total of three documents concerning the EIR which he hopes would be found sufficient for development of proposed property to indus- trial business usage. While the property could be developed for residential use, the noise from the helicopter base, the proximity of the Santa Ana Freeway, and the location of the rail- road tracks makes it more complementary to industrial. Meetings concerning this issue have been held and attended by the City, the Irvine Company, and Citizens for Quality Living. The plan proposed by the Citizens for Quality Living is not economically feasible, as they are now aware. The major concerns of CQL now are what the visual view will encompass and how the industrial development can be a better neighbor. To the question of traffic, the main access to the development will be from the west Myford interchange. The traffic system as designed will handle vehi- cular flow with minor improvements with or without the Jamboree interchange. The Commission held general discussion as to whether both the EIR and zone change should be publicly heard at the same time PC Minutes 12/10/73 Page 2 since they are so closely tied together. It was noted that the EIR is an information document with the zone change being a judgmental document for decision by the Commission. As an example, the EIR could be accepted with the zone change being denied. Moved by Hare, seconded by Dombrow,that Continued Public Hear- ings 1 and 2 be opened as joint hearings. Commissioner McHarris stated he did not see the necessity of the motion since the EIR is a document giving facts as to whether we want to make a zone change. Commissioner Hare felt that the public hearings were interchangeable, but that the two issues could be voted on separately by the Commission. Commissioner Dombrow moved to amend motion that Continued Pub- lic Hearings 1 and 2 be opened, with the public hearinq portion of Public Hearinq No. 2 to remain open after Public Hearinq No. 1 is closed. Seconded by Edgar. Motion to open Public Hearings 1 and 2 carried unanimously. Motion of amendment carried unani- mously. (8:30 p.m.) Mr. Neish then continued with his report stating that a question of concern was how the railroad use would affect traffic circu- lation on Walnut Avenue. He does not envision long trains caus- ing traffic tieup on Walnut Avenue. As to the visual and noise impact, all railroad served parcels will be placed on the eastern half of the property. Additionally, a buffer zone will be used giving three landscaped areas between industrial and residential. There will be a minimum of 184 feet between the residential and industrial structures, with additional buffers at interchanges. The Irvine Company proposes the following: improvement of the Myford interchange. Improvement of Myford from access to Walnut and improvement of Walnut. Regulation of railroad traffic as prepared by the City of Tustin. To Commission questions, Mr. Neish stated that there would be light industrial office space located along Jamboree Road which will not require railroad service. The actual types of businesses are not yet known. Ray Kimmey, Irvine Industrial Complex, stated the Irvine Ranch Water District is the purveyor. They are trying to enter into an agreement with Sanitation District No. 7 to handle waste for both industrial and domestic. If accepted, it will have to conform to District 7 regulations. James Kinder, Citizens for Quality Living, 1941 Hampshire Road, stated with regard to Phase I - EIR Report - Overall Impact Summary & Mitigation Measures, Page 11, Item 11 - Flood Control, they would recommend that proper controls be taken at the cost of the developer. Regarding Page 12, Item 14 - Noise. This is not acceptable and their committee is disturbed with the response. If the zone change is approved, they request that steps be taken to assure mitigation of noise to adjoining resi- dential areas. Their Committee was disturbed with the responses received from the City to questions posed by them and they question whether it is in the best interests of the City to grow beyond its pre- sent size. The Irvine Company has responded in most cases favorably to their concerns as related to the EIR. There are still many questions not answered but they feel these will be taken care of at the time of development. It is their feeling if the Planning Commission and City Council approve the zone change, prior to any type of development, the following safe- guards be taken prior to issuance of building permits. PC Minutes 12/10/73 Page 3 1. Legal speed limit on Walnut Avenue be changed from 45 to 25 m.p.h. 2. A stop sign be erected at each "T" intersection on Walnut, following the procedure of First Street. 3. Left turn lane be provided at Red Hill and Walnut. 4. Walnut Avenue be posted, "No commercial through traffic permitted", including a weight restriction. 5. Crossing guard at Nelson School and Walnut and Barranca. 6. No building permits be issued to developer until these safeguards pass whatever action has to be taken by City officials. 7. Post and notify PUC that no train be allowed to cross Red IIill in the afternoon during peak hours. Additionally, they request a 75' wide buffer zone to be land- scaped with trees and grass 8 feet in height with rolling hill and bicycle path bordering base. Improvement of Myford at the on and off ramp equivalent to that now provided by Jamboree for the San Diego Freeway (3 lanes). A five acre park adjacent to the commercial area, and agreement that the Irvine Company main- tain park and bluff area at no cost to the City. A 250 foot setback from first buffer to the nearest residential property to the buffer zone and the first or nearest industrial building be set further back to allow this buffer zone, excluding the street. The developer agree to prohibit construction vehicles on Walnut Avenue and that commitments made to the Planning Commission be incorporated into the zone change resolutions or approval. It is their commission's feeling that the zone change could favorably be adopted only on the basis of these safeguards being met and such commitments be received from the City and developer. If unable to receive such assurances, the CQL would definitely want to continue this matter. Jim Taylor, the Irvine Company, Director of Planning Administra- tion, stated there is a proposal that the buffer areas be main- tained by individual property owners or property owners associ- ation at no maintenance cost to the City of Tustin. The greatest problem posed by the CQL is that of the buffer area. Provided this area is done well, the value of the residential area would appreciably increase. The difference of opinion is actually what the buffer will do. It should be of sufficient size to provide screening and mitigation of sound elements. Distance is not the answer relative to sound which requires a physical object or barrier and he feels their proposals provide this. The 8 foot berm could be developed and landscaped by the developer in such a manner that an almost complete opaque barrier would be the net result. Since that is the case, nothing can be achieved by adding additional feet. The closest industrial building would be limited in height to 25 feet. The single family homes in the area are allowed 35 feet as a height limit which would make the roof lines of the single family homes higher than industrial buildings being proposed. With regard to the Myford on and off ramps, if traffic builds up as project nears completion point, they would like to offer that the City, State and County evaluate jointly the conditions of this off ramp at that time. At the present time, it would cost $200,000 to change these ramps and he feels it would be inequitable for their project to be burdened with solving the problems which are not solely created by the impact of this development. Concerning the park suggested by CQL at Jamboree and Walnut. It is their intention to create an activity area within the complex which would accommodate children of the shoppers, to- gether with a quiet or passive area as a facility for adults. A park would serve no ultimate or justified solution. PC Minutes 12/10/73 Page 4 It is their intention to prohibit construction vehicles on Walnut Avenue, which is a commitment that has been made on the part of Irvine Company. Regarding the suggestion to complete the landscaping now for the 41' buffer, it is feasible but would be extremely costly. It is their intention to erect the berm area with some landscaping installed immediately. However, the ultimate buildout of this project might take 5-10 years; therefore they would desire not to be required to landscape to a great extent. They would plant grass on the berm immediately and the developers buying the adjacent lots would be required to plant trees of a minimum size immediately upon purchase. To Commissioner Edgar's inquiry, concerning the navigational easement, Mr. Taylor stated they are exploring this with the Marine Corps for a less volatile land use. To Commissioner Dombrow's question if the Irvine Company would be amenable to a 60 foot setback area for bicycle trail with upkeep by the Irvine Company, Mr. Taylor replied that their initial position is that this can be accommodated within 50 feet as well as 60 feet. The Irvine Company would be willing to widen a portion of the Myford interchange roadway to four lanes. With regard to the children's area and passive area within the complex, a quarter of an acre would be devoted to this use with the executive officer of the Irvine Company willing to so state in a letter of intent. Captain Robert Wemheuer, USMC Command., stated they had no objec- tion to the zone change as stated. An agreement has been reached between the military and the Irvine Company regarding specific land uses to insure the safety of the aircraft operations. Open space is designated for the safety of helicopter flights which do not present the hazards of other types of aircraft. To Commissioner Edgar's question if the open space could be developed into a three-hole golf course, Captain Wemheuer stated that if the Marine Corps purchases an air easement, a golf course would be considered an adequate use. Their only intent is to maintain the right of open space. A greenbelt area would also be accepted by the Marine Corps as a compatible use. Although the Marine Corps will have the veto over uses, they will not have exclusive control so the land will be subject to a wide range of alternative uses. Mr. Taylor explained that the land would remain the property of the Irvine Company. There might be an alternative that this land be shown as an air easement. When the boundaries have been established this can then be determined. Mr. Kinder agreed to the provision of a buffer zone 41 feet west of Myford which would be landscaped and that Myford on and off ramps be developed to four lanes. They disagree to the mini- mum building setback. Additionally, they would request con- struction of the buffer prior to development which should be screened and put in now prior to any issuance of building permits. Marie Hickman, Manager, Tustin Chamber of Commerce, read Resolu- tion No. 73-3 of the Chamber of Commerce, recommending the approval of the zone change. The public portion of Hearing No. 1 was closed at 9:45, leaving open the public portion of Hearing No. 2. Moved b~ Dombrow t.hat the Environmental Impact Report (Draft) be continued to th.e next regular meeting. Commissioner Hare stated that the only outstanding issue was that of the development of the berm which he feels is the essence of PC Minutes 12/10/73 Page 5 the zone change and sees no reason to postpone the vote pertain- ing to the EIR. Moved by Hare, seconded by McHarris, that Resolution No. 1367 be adopted, recommending to the City Council the approval of the EIR to consist of the Draft EIR, as amended, comments of interested individuals and agencies, staff review, minutes of the Commission hearing and relevant data. Carried. Ayes: Edgar, Hare, McHarris, Larnard. Noes: Dombrow. Absent: none. 2. ZC 73-6 A joint application of the City of Tustin Planning Commission and the Irvine Company for a zone change from Planned Community (Residential) to Planned Community (Industrial-Commercial). Location: Beunded by the Santa Ana Freeway to the north- east, the future alignment of Myford Avenue to the south- east, the U. S. Marine Corps Air Station (H) to the southwest, and the future alignment of Jamboree Road to the northwest. Mr. Fleagle presented the background on the proposed zone change, stating that a resolution adopted by the Chamber of Commerce had been presented during the previous public hearing and informing Commission of a resolution which had been received from the Tustin Unified School District. The zone change and conditions are intended to assure develop- ment which does not adversely affect the community. Those con- cerns relating to buffering, landscaping and open space, require separate action by the Planning Commission such as site plan review, development standards and proposals, etc. The zone change establishes conditions and permitted uses, subject to Commission review. Safeguards have been established which would limit, for example, drive-in theatres as a permitted use only upon the issuance of a use permit. The public portion of the hearing was reopened at 10:10 p.m. Ray Kimmey, Irvine Industrial Complex, stated they are in general agreement with staff recommendations with the exception that they would suggest rephrasing of conditions 5 and 6. They agree with staff that phasing should be controlled but the problem of measuring traffic count would be that of separating traffic generated by the industrial complex from that of other facilities. With regard to rail use, they feel time restrictions of 7:00 - 9:00 a.m. and 3:00 - 5:30 p.m. would mitigate against the peak hours of use on Walnut Avenue. Mr. Kimmey stated there is the possibility there would be train switching after 5:30 p.m. but feels the buffering area proposed would compensate for this since the railroad is located 2,000 to 2,500 feet from the resi- dential area, with the closest spur approximately 600 feet. Commissioner Dombrow noted that since all property surrounding the project is owned by the Irvine Company with the exception of the U. S. Marine Corps Air Station (H), the impact would be the responsibility of the Irvine Company. Mr. Flea~le noted that before any parcel of land can be sold, there must be filed with the Planning Commission a tentative and final tract map. It would be a condition that landscaping be installed prior to development. Tom Wolff, Irvine Industrial Complex, stated the complex would be of tremendous benefit to the City of Tustin and that timing is a matter of particular importance to the Irvine Company. PC Minutes 12/10/73 Page 6 They plan to be underway with the land development the early part of March. A particular company which will be a most desir- able asset to the community will occupy a ten-acre front building if timing can be accommodated. Therefore, an early decision of the Planning Commission is extremely important from their econ- omic timing. Daryl Bloom, 1951 Hampshire Road, Tustin, questioned the relation- ship of the railroad to the development. If the north portion is the first to be improved, access will be through the south. There are no berms in the south portion where switching would take place and he questioned what relationship this would have to the total development. Mr. Fleagle stated there would be no switching operations south of Walnut because there would be no one to be served. There will be no storage on a railroad spur. As a condition, when plans are submitted, they would be required to show any proposed lines. The public portion of the hearing was closed at 10:45 p.m. Moved by Dombrow that ZC 73-6 be continued to the next regular meeting. Motion died for lack of second. Moved by Edgar, seconded by Hare that Resolution No. 1382 be adopted. Commissioner Larnard questioned if item 7 of Resolution 1382 would take care of the switching noise. Mr. Fleagle stated noise control would not relate to property outside of lot lines. However, the City has measuring devices to determine the decibel levels. Moved by Dombrow to amend Resolution No. 1382 to include within the zone change an 8-foot berm with 51-foot setback, to be con- structed down the perimeter of Jamboree Road prior to any build- permits being issued. Motion died for lack of second. Commissioner Larnard stated he is against the motion and feels the 41-foot setback and berms, as outlined by staff, are more than adequate. As amended, it was moved by Dombrow, seconded by McHarris, that Resolution No. 1382 be adopted to include the amendments requiring that bike trails be included with a 51-foot building setback area on the perimeter of Jamboree Road and that an 8-foot hiqh berm,fully landscaped, be installed along Jamboree Road prior to the issuance of buildiqg permits. Carried. Ayes: Edgar, Dombrow, McHarris. Noes: Hare, Larnard. Absent: none. Initial AMENDMENT TO UP 73-11 - MONTESSORI SCHOOL OF TUSTIN To construct and operate a school to accommodate a maximum of 140 students. Location: 1700 block of Nisson Road, approximately 990 feet east of Red Hill Avenue, between Red Hill and Browning Avenues. PC Minutes 12/10/73 Page 7 Mr. Lenorovitz presented the background information for Commis- sion consideration, stating that those concerns not addressed in Resolution No. 1383 would become part of the precise plans to be reviewed by staff. The public portion of the hearing was opened at 11:20 p.m. Michael Chapin, President, Montessori School, stated that the fascia on the proposed plans was intended to be on all four sides of the building. With regard to security and staff's suggestion that wrought iron be used along Nisson Road and adjacent to the parking lot to help alleviate the concerns of the Police Department, it is their intention to install non- moveable windows and complete air conditioning. They would rather propose a slumpstone wall which would lend some pro- tection to the children from noise along the parking area. The public portion of the hearing was closed at 11:35 p.m. It was noted that wrought iron was more expensive to install than the block wall but provided better amenities and Police scrutiny. Moved by McHarris, seconded by Dombrow, that Resolution No. 1383 be a~proved, together with conceptual development plans with precise details of plot plan, fencing, colors and materials, and landscaping to be subject to staff review and approval. To Commission concern regarding the increase in building area and reduction in the playground area, Mr. Chapin stated that in the previously granted Use Permit, there was a ten-foot separation between buildings. The new conceptual plans offer more internal security with part of the extra space consumed in hallways, library and a general purpose room not included pre- viously. There are also additional bathrooms. Moved by Edgar, seconded by Dombrow that motion be amended to include that applicant be directed to work with staff rega.rdi~.g the increased coverage and landscaping. Amendment to original motion carried unanimously. Motion that Resolution No. 1383 be adopted carried unanimously. PUBLIC CONCERNS NONE. OLD BUSINESS 1. ANNEXATION POLICY Moved by Edgar, seconded by McHarris that Resolution No. 1385, recommending to the City Council the adoption and implementation of an active annexation policy be adopted as drafted. Discussion was held concerning that portion of the Resolution pertaining to the north Tustin area and the possible misinterpre- tation of its meaning. Moved by Edgar, seconded by McHarris, that lines 14 through 16 of Resolution No. 1385 be deleted and Resolution as amended be adopted. Carried unanimously. PC Minutes 12/10/73 Page 8 NEW BUSINESS 1. 1974-75 FISCAL YEAR ARTERIAL HIGHWAY FINANCING PROGRAM SUBMITTALS a. NEWPORT AVENUE FROM IRVINE BOULEVARD TO MCFADDEN. b. A.T. & S.F. RAILROAD GRADE SEPARATION REPORT. Mr. Fleagle stated the City Engineer has recommended these projects for approval of the Planning Commission. Moved by Hare, seconded by Dombrow, that these two projects be approved and submitted to the County of Orange as Arterial Highway Financing Program projects for AHFP funding. Carried unanimously. 2. FINAL TRACT 7813 - AYRES Location: Easterly of Tract 7954 and southerly of Walnut Avenue. Mr. Fleagle presented a background synopsis for Commission consideration. Moved by Edgar, seconded by Hare that Final Tract Map No. 7813 be approved subject to all the conditions of approval as con- tained in Resolution No. 1384. Carried unanimously. 3. AYRES REQUEST TO WAIVE REQUIREMENT FOR COMPLETED PARK SITE IN TENTATIVE TRACT 7813 PRIOR TO OCCUPANCY IN TRACT NO. 8088 Mr. Fleagle stated that a formal request had been received to waive the requirement for a completed park site prior to occu- pancy in Tract 8088 by Newport Shores Builders. The reason for the request is that the Tustin Unified School District is expecting to acquire a school site in Tract 7813 which would alter the design of the park. Moved by Hare, seconded by Dombrow that the Planning Commission recommend to the City Council that condition of occupancy be waived for the first half of Tract 8088 to permit occupancy of 46 homes. Carried unanimously. AUDIENCE PARTICIPATION NONE. CORRESPONDENCE 1. LETTER TO ORANGE COUNTY ROAD DEPARTMENT, RE: TRAFFIC CONGESTION, 14061 NEWPORT AVENUE. Presented for information only. STAFF CONCERNS 1. PENDING PUBLIC HEARING - SIGN CODE - JANUARY 14, 1973 Moved by Edgar, seconded ~y Hare, that notice of public hearing be advertised on the Sign Code for hearing January 14, 1973. Carried unanimously. PC Minutes 12/10/73 Page 9 2. CITY OF IRVINE ZONING ORDINANCE, NOTICE OF PUBLIC HEARING Mr. Fle~le reported that a public hearing is to be held before the City Council of the City of Irvine on December 18 to consider adoption of the City Zoning Ordinance and accompanying Land Use Maps within the Irvine City limits. COMMISSION CONCERNS CITY COUNCIL ACTION TO REQUEST RESIGNATION OF COMMISSIONERS RUNNING FOR PUBLIC OFFICE The Commission was informed that City Council had approved a policy of providing Commissioners an opportunity to submit their resignations upon filing for elective office in order to give them the opportunity of being critics in the areas of political decisions. 2. PLANNING C05~ISSION REQUEST THAT CITY COUNCIL EVALUATE ANALYSIS OF TRAFFIC AND SPEED LIMITS ON WALNUT AVENUE. Moved by Dombrow, seconded by McHarris, that recommendation be made to the City Council that an evaluation analysis of traffic and speed limits on Walnut Avenue be initiated. Carried unani- mously. ADJOURNMENT Moved by Edgar, seconded by Dombrow that meeting be adjourned to January 14, 1973. Carried unanimously. (12:30 a.m.) D-~na ld- J. ~%t~r~l]7i ,- M~ayo~ .......... Chairman 5f the Planning Agency Secretary of the pIan~ing-Comm~i's'sion