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HomeMy WebLinkAboutPC Minutes 11-12-73 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION November 12, 1973 The regular meeting of the City of Tustin Planning Commission was held on the 12th day of November, 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 Hare. The Invocation was given by Commissioner Edgar. ROLL CALL Present: Absent: Dombrow, Edgar, IIare, Larnard, McHarris None Others present: R. Kenneth Fleagle, Asst. City Administrator- Community Development Director Bruce Lenorovitz, Assistant Planning Director Jessica Carroll, Planning Commission Recording Secretary APPROVAL OF MINUTES Commissioner Hare moved for approval of the minutes of the October 23, 1973, and October 29, 1973, meetings, seconded by Commissioner McHarris. Carried unanimously. PUBLIC HEARINGS Continued 1. AMENDMENT OF DEVELOPMENT PLAN - PZ 72-138 - N. BARLETTA Location: North side of Irvine Boulevard and Holt Avenue Mr. Flea~le stated that Tract Map 8475 was approved by City Council on November 5, 1973. The property, as developed in accordance with the text of the Professional/Commercial Dis- trict will be equal or better than the existing Irvine Boule- vard Planned Industrial District. The public hearing was opened at 7:40 p.m. Bob Kramer, 105 South Prospect, Tustin, representing Nicholas Barletta, stated they had committed themselves to onsite improve- ments in excess of $250,000 which are being completed at this time. The development they propose will be the same or better than those developed on the Irvine Boulevard "Golden Mile". Use of the Holt Street property will be limited to office use. Irvine Boulevard could be used as commercial with the remaining property developed 20% commercial and 80% office facilities. They will build most of the complex in order to control the architecture. The public portion of the hearing was closed at 7:47 p.m. General discussion centered around Commissioner Dombrow's objection of the Planned Community Text which places Real Estate Agency as a permitted use under General Offices rather than Support Commercial. It was pointed out by Commissioner Larnard that the proposed Planning Commission Minutes 11/12/73 Page 2 concept would become a separate zoning code relating solely to this project. If the design plan is approved as submitted, the real estate office would be interiorly located. Mr. Fleagle stated, the text of the Development Standards as written permits a real estate office to be placed on Holt Avenue, which must comply with the Sign Ordinance within the Planned Community District. Moved by Commissioner Hare, seconded by Commissioner Edgar that Resolution No. 1375 be approved as drafted. It was Commissioner McHarris' opinion that general office and support commercial are being grouped together and, therefore, Real Estate Agency should be listed under support commercial, regardless of the controls placed on this particular project. Mr. Fleagle pointed out that a real estate agency represents services as does an insurance agency or title insurance firm, vs. a retail sales establishment. In reply to Chairman Larnard's question as to the effect of removing Real Estate Agency from the General Office designation, Mr. Kramer stated that the prime requirement of many such agencies is visibility and the sign controls are such as to preclude those desiring such notice. However, if not allowed, this would deny leasing of space to such businesses and brokers specializing in leasing or property management who are tech- nically within this classification. Commissioner Dombrow reiterated his objection to the listing of Real Estate Agency as a permitted use under general offices. Moved by Dombrow, seconded by McHarris, that Resolution No. 1375 be amended to incorporate Tustin Plaza Development Stand- ards, to be amended by removing Real Estate Agency from "B. Permitted Uses", subparagraph (a) (1) to "C. Support Commercial". Failed by roll call vote. Ayes: Dombrow, McHarris. Noes: Edgar, Hare, Larnard. Motion to adopt Resolution No. 1375 as drafted carried by roll call vote. Ayes: Edgar, Hare, Larnard. Noes: Dombrow, McHarris. 2. ENVIRONMENTAL IMPACT REPORT (DRAFT) - THE IRVINE COMPANY 3. ZONE CHANGE 73-6 Location: Bounded by the Santa Ana Freeway to the northeast, the future alignment of Myford Road to the southeast, the U. S. Marine Corps Air Station (H) to the southwest, and the future alignment of Jamboree Road to the northwest. Mr. Fleagle stated that since the draft EIR and Zone Change 73-6 are interrelated and, since the Irvine Company and their EIR consultants have not yet furnished staff with the informa- tion and responses to questions presented, he would suggest continuance of the public hearings to November 26, 1973. The Irvine Company has met with some members of the area to present to them their program and answer some of the questions raised. They have also solicited input to the zone change and EIR which will be incorporated in their response. Upon submission of the addendum to the EIR, the Irvine Company and Owen Menard & Associates have extended an invitation to the interested citi- zens to meet with them again, together with staff and two Planning Commission members, if they so desire. This meeting will be called as soon as the report is received from the Con- sultant. The last meeting was held on Friday noon, November 9, 1973, at the Irvine offices. Planning Commission Minutes 11/12/73 Page 3 Commissioner Hare wanted to know if there would be reasonable assurance that these public hearings could be accomplished on November 26, 1973. Mr. Fleagle responded that it was staff's desire to receive answers to questions as they were prepared so that everything would not have to be considered at one time but that the Con- sultants preferred to make it one package. Reasonable assur- ance has been given that their responses will be available sometime this week. Commissioners Dombrow and Hare volunteered to attend meeting as representatives of the Planning Commission, with Commissioner Edgar to act as alternate. Moved by Commissioner Edgar, seconded by Commissioner Dombrow that the public hearing on the Irvine Company EIR ~raft and Zone Change 73-6 be continued to November 26, 1973. Commissioner Larnard noted that audience participation had not been invited. Moved by Commissioner Dombrow, seconded by Commissioner Edgar that motion to continue public hearing on the Irvine Company EIR Draft and Zone Change 73-6 be withdrawn. Public hearing was opened at 8:20 p.m. Jim Kinder, 1941 Hampshire Road, Tustin, stated he attended the Irvine Company meeting and looks forward to receiving replies to questions raised about about the EIR report. He requested they be delivered to Citizens for Quality Living as soon as they are made available to staff and Planning Commission. Mr. Kinder then showed a mylar of a proposed alternate use of the land involving an industrial area, park, greenbelt area, lake and low density housing, with limited industrial site. It is the desire of citizens he represents to realize a workshop incorporating members of the community, staff, Planning Com- mission and the Irvine Company. Dave Neish, Irvine Company, 550 Newport Center Drive, Newport Beach, said the Irvine Company intends to submit first package of information to Mr. Fleagle tomorrow and hopes to have remaining data from their EIR consultant for meeting sched- uled Friday, November 16, with Mr. Fleagle. All information should be available for distribution Tuesday, November 20. The most convenient date for a meeting with members of the citizens, staff and Planning Commission would be Monday or Tuesday of next week. Mr. Neish promised to deliver complete data to Mr. Fleagle no later than November 20, 1973. John Graef, 14482 Pinebrook Drive, Tustin, stated there are many vacancies in presently existing industrial complexes in the south Orange County area which should be filled prior to construction of additional facilities. Richard Reiser, 14852 Alder Lane, Tustin, stated he is curious about if, in fact, discussions have taken place and if future discussions will be held to consider the actual nature of this complex as it differs significantly from what was first envi- sioned. Will the EIR change the initial proposal or is all the current concern useless. Mr. Fleagle replied that the EIR submitted is for the proposed development in conjunction with the proposed Zone Change action. If changed or modified to incorporate residential area, this action would require a residential EIR as well as an industrial one. There are two separate actions: one is the proposed zone change and the other the EIR. As an example, the EIR could be Planning Commission Minutes 11/12/73 Page 4 approved and the zone change denied. Regardless of the land use, some of the basic studies will not change and there has been no mention of concern for the basic data. Chairman Larnard clarified that all material submitted will be for use as Tustin's EIR, since the City is obligated to actually do this report. Jim Kinder, Citizens for Quality Living, suggested the EIR and zone change hearing be continued to December 10, 1973, in order to permit meetings and to work with the Irvine Company in the resolving of any outstanding disputations. Dave Neish, Irvine Company, would prefer the public hearing be continued to November 26. However, if this isn't convenient for staff, citizens and Planning Commission, they will abide by the decision made. Mr. Flea~le stated that a continuance to December 10, 1973, would be a regularly scheduled meeting and would allow more time for citizen input, staff review, the resolving of out- standing questions and that the continued public hearings could be advanced to that date. Public portion of Hearings 2 and 3 closed at 8:40 p.m. Moved by Commissioner Dombrow, seconded by Commissioner Hare that the Irvine Company EIR Draft and Zone Chan~e Application No. 73-6 public hearings be continued to regularly scheduled meeting of December 10, 1973. Carried unanimously. PUBLIC CONCERNS NONE. OLD BUSINESS (Continued from October 23, 1973) 1. REALTY OFFICE AS AN AUTHORIZED USE IN THE PROFESSIONAL DISTRICT. Mr. Flea~le said that in the determination of Mr. Sol Zwirn's request, by comparative use, consideration must be given to the intent of the zoning, which is to distinguish from service or commercial. The County has established land uses in the classi- fication of RPA (Residential-Professional) and PA (Professional- Administrative), which authorize realty offices. Irvine Boulevard is in the Pr District west of Prospect and in the Commercial Dis- trict east of Prospect. Buildings are the same style and use in both districts. The difference is in the signing and not in the character of the use. There is presently a realty office on Irvine Boulevard and Red Hill Avenue which is in the Profes- sional District; however, the signing is in conformance with the Professional District regulations. General discussion centered around parking requirements which is one space for each 300 gross square feet in the Professional district and the needs for parking of a realty firm which would vary as to the nature of the office. Commissioner Edgar pointed out that the developer of this area was in the real estate busi- ness, with Commissioner Hare stating that since better controls could be enforced, he would favor a realty office as an author- ized use. Commissioner Dombrow voiced his concern of the City's ability to enforce sign controls to which Mr. Flea~le replied that, while enforcement can be a problem, 80 illegal signs were picked up over the weekend by Mr. Gene Snyder and there are more stringent Planning Commission Minutes 11/12/73 Page 5 requirements in the PR District than we presently have in the Commercial District. Moved by Edqar~ seconded by Hare that a Formal Finding be prepared establishing that a real estate office is an appropriate use in the PR District, subject to the si~n controls of the District. Approved unanimously. NEW BUSINESS 1. FINAL TRACT MAP NO. 8356 - WILLIAM SOMMERVILLE Location: South side of First Street, easterly of Newport Avenue. Mr. Flea$1e stated that this action concerns the final tract map permitting the existing apartment complex to convert to condominium units. The tract map has been reviewed and there are no other concerns of staff. Moved by Hare, seconded by Dombrow, that Resolution 1376 of the Planning Department, recommending approval of Final Map Tract No. 8356 be adopted. Carried unanimously. CORRESPONDENCE 1. ORANGE COUNTY ZONE CHANGE (ZC 72-50) A synopsis of the background was presented by Mr. Lenorovitz. Commissioner Hare brought to the attention of the Planning Com- mission that milk trucks are turning left into the subject property, presently used as a drive-thru dairy and parking lot for home delivery milk trucks, which creates a particularly bad traffic situation, especially at 5:00 p.m. Staff will look into this. No further action necessary. 2. ORANGE COUNTY AIRPORT ENVIRONMENTAL IMPACT STUDY Mr. Flea~le stated that at the October 30, 1973, public meeting, he had suggested there be one additional parameter in their pro- posal as to the significance of a rapid transit to the Interna- tional and Ontario airports and its effect on the Orange County Airport where the lack of parking facilities is a significant consideration. No action is required; however, if members of the Planning Commission have any additional concerns to add, they might direct their responses to the EIR consultants, Olson Laboratories, Inc. 3. CORRESPONDENCE FROM ORANGE COUNTY PLANNING DEPARTMENT Presented with no action required. 4. ORANGE COUNTY LAND USE PLAN Mr. Fleagle stated that all staff suggestions had been incorpora- ted into the Orange County General Plan. Moved by Commissioner Domborw, seconded by Hare, that staff be authorized to prepare letter for Chairman Larnard's signature to go on record as endorsing the proposed changes in the Land Use Map and suggesting that plans be incorporated within the land use element. Carried unanimously. Planning Commission Minutes 11/12/73 Page 6 STAFF CONCERNS Pending Items for November 26, 1973 1. PZ 73-2 - EARL CLAYTON A Prezone Change from the Orange County R-4 District to the City of Tustin Planned Development District, subject to annexation to the City. Location: Corner of San Juan and Browning (southwesterly) Presented. Notice of public hearing has been advertised. 2. ZC 73-7 and UP 73-18 - THE PLANNING COMMISSION For the purpose of changing from the R-4 (Suburban Resi- dential) to the P & I (Public & Institutional) District and establishing a Neighborhood Park. Location: Northeasterly intersection of Mitchell and Utt. Presented. Notice of public hearing has been advertised. 3. UP 73-19 - GARY JOHNSON For the purpose of authorizing a tennis specialty shop and teaching tennis court within the C-1 District. Location: southwest corner of Newport and Walnut Avenues. Presented. Notice of public hearing has been advertised. COMMISSION CONCERNS 1. COMMISSIONER EDGAR CONCERNING ORANGE COUNTY GENERAL PLAN. Commissioner E~gar requested if staff could prepare a map showing the County zoning of Tustin's environs. Mr. Fleagle does have such a map prepared by the County but noted that County zoning is by district. Commissioner Edgar expressed interest in the precise land use designations, starting with the City and then extending into the rural areas defining the boundaries. Mr. Fleagle will have staff prepare maps for the Planning Commission showing County zoning within our Sphere of Influence. 2. At the League of Cities Conference, Commissioner Edgar attended a meeting relating to State requirements for general plan elements. The law states that every city's general plan have ten specific elements. He would like to have previously approved plans, with date affixed, placed into a binder so that Planning Commission will have this information for future decisions, which will enhance the City's long range plans. Mr. Fleagle stated that a circulation element was adopted by the City in 1966 as the County Arterial Highway System and he has asked the City Engineer to prepare the circulation element for the adoption of our own highway system. With regard to seismic safety, we are presently awaiting County completion of studies for this element. A noise factor study has been done throughout the city. The noise and circulation elements will be presented for adoption in the near future. However, publication of the document should await completion of all of the elements. Commissioner Edgar proposed that when various sections are com- pleted, they be made available in binders for the Planning Com- mission. Mr. Fleagle replied that as soon as the land use map is published, this can be done. Planning Commission Minutes 11/12/73 Page 7 3. Commissioner Edgar stated that Specific Plan No. 2 for E1 Camino Real is over two years old and questioned where we now stand with the two years that have elapsed since this was adopted. One of the commitments made was that the City coop- erate to enhance the plan and cited lighting as an example of action that has not been taken. Mr. Fleagle replied that street benches have been ordered and some have arrived. However, he is not sure of the current status of the street lighting. Moved by Edgar, seconded by McHarris that Planning Commission recommend to Cit~ Council that they act upon Planning Commission recommendation that a lon~ range committee be formed. Carried unanimously. 4. Commissioner Dombrow stated that any time after 1:30 p.m. on November 20, or any time Friday would be convenient for him to meet with the Irvine Company, citizens group and staff for consideration of the EIR and proposed zone change. 5. ELECTION OF CHAIRMAN PRO TEM Moved by McHarris, seconded by Dombrow, that Commissioner Edgar be elected to the office of Chairman Pro Tem for the Planning Commission. Carried unanimously. ADJOURNMENT Moved by Dombrow, seconded by Hare that the meeting be adjourned to the next regular meeting of the Planning Commission scheduled November 26, 1973. Carried unanimously. (9:45 p.m.) CHAIRMAN ~' RECORDING S~CRETARY ~