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HomeMy WebLinkAboutPC Minutes 10-23-73 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION October 23, 1973 The regular meeting of the City of Tustin Planning Commission was held on the 23d day of October, 1973, at the hour of 7:40 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 McHarris. ROLL CALL Present: Absent: Others present: Dombrow, Hare, McHarris. Edgar, Larnard. Bruce Lenorovitz, Assistant Planning Director Jessica Carroll, Planning Commission Recording Secretary APPROVAL OF MINUTES Commissioner McHarris moved for approval of the minutes of the October 8, 1973, meeting, seconded by Commissioner Hare. 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 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. Lenorovitz gave the background to date, stating that as the questions posed concerning the EIR are answered, this data will be made available to staff by the Irvine Company and/or their consultants, Owen Menard & Associates. Staff will then submit same to the Planning Commission for their perusal and/or action. No answers to questions posed by the Planning Commission or staff have been received as yet, since it was recommended that the EIR be continued as an open public hearing to November 12, 1973. It was further recommended that additional testimony be taken from any members of the audience desiring to do so. Acting Chairman Dombrow requested that all answers to EIR ques- tions posed and submitted to Planning Department also be made available to the organization, "Citizens for Quality Living", and other interested citizens. The public portion of the meeting was opened at 7:47 p.m. David B. Neish, the Irvine Company, Newport Beach, requested a continuation for the reason that at the last meeting, questions were asked by staff, Commissioners and citizens, which their consultants have not had time to study. Although they would be happy to hear any further questions that have not been asked previously, they are not in a position to report on any answers this evening. However, all questions to date, including those posed by the Citizens for Quality Living, will be incorporated in their reply. PC Minutes October 23, 1973 Page 2 To Commissioner Hare's question as to actual date of replies, Mr. Neish stated that it depends on the questions received tonight. Those already asked are in the process of being answered. A two-week continuation should place them in excellent position and enable them to present their findings to the Planning Commission and public. Commissioner Hare stated the importance of receiving the Irvine Company's reply no later than Wednesday, November 6, 1973, to the EIR questions raised to date. Ronald H. Smothers, Owen Menard & Associates, stated that a number of questions asked to date require additional insight study but they will provide as much information as possible by the required date. They are categorizing questions into related areas in an attempt to have entire responses at the November 12th meeting. To Commissioner Hare's question regarding the possibility of this issue being continued again on November 12, Mr. Smothers replied there was that possibility. James Kinder, 1941 Hampshire Road, Tustin, President of Citi- zens for Quality Living, stated that if questions and discus- sions of workshop sessions were going to be continuously con- sidered for some time to come, he would suggest removing this item from the agenda until such time as definitive answers have been prepared from workshop sessions to consist of inter- ested citizens' groups, Irvine Company, City of Tustin, and any other interested parties. Richard Reiser, 14852 Alder Lane (Peppertree), Tustin, raised questions concerning the preparation of the original EIR, stating that while this document took a great deal of prepara- tion time, significant questions that have arisen concerning some of its text were prepared almost overnight by interested citizens. Mr. Reiser questions certain motives and the seri- ousness of the study, stating that he is upset by the delay taking place, thereby endangering other critical areas. In answer to Commissioner Hare's question, Mr. Reiser stated he had been living in Peppertree for two weeks. Commissioner Hare questioned if Mr. Reiser was aware and informed as to what was proposed for the particular land use in question prior to the purchase of his property. Mr. Reiser replied that he was not informed of the nature of the property in question. Every presentation given showed that it was to become residential and he is now considering taking some type of action concerning misleading advertising. Darr~l Bloom, 1951 Hampshire Road, Tustin, presented a land use map showing the south portion of Tustin of proposed Jam- boree, Myford and Moulton Parkway. He stated that the pro- posed industrial complex takes up a major portion of the City and questioned the need of such an industrial area to support a city the size of Tustin. He stated that approximately 40,000 vehicles will be generated daily from the proposed com- plex, while the Jamboree Road an and off ramps cannot possibly be completed until 1982. The public portion of the meeting was closed at 8:15 p.m. Motion by Hare, seconded by McHarris to continue hearing to next regularly scheduled meeting, November 12, 1973. Carried unanimously. Ayes: Dombrow, Hare, McHarris. Noes: none. Absent: Edgar, Larnard. PC Minutes October 23, 1973 Page 3 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 Com- munity (Industrial-Commercial). Location: Bounded by the Santa Ana Freeway to the northeast, and the future alignment of Myford Road to the southeast, and the U. S. Marine Corps Air Station (H) to the southwest and the future alignment of Jamboree Road to the northwest. A background synopsis was presented by Mr. Lenorcvitz, who suggested that, since this is appurtenant to the previously presented EIR - Irvine Industrial Complex, that the public hearing be continued to November 12, 1973. Public portion of the hearing was opened at 8:20 p.m. Public portion of the hearing was closed at 8:21 p.m. Motion by McHarris, seconded by Hare, that public hearing for ZC 73-6 be continued to November 12, 1973. Carried unanimously. Ayes: Dombrow, Hare, McHarris. Noes: none. Absent: Edgar, Larnard. Initial AMENDMENT OF DEVELOPMENT PLAN PZ 72-138 - NICHOLAS BARLETTA Location: North side of Irvine Boulevard, west of Newport Avenue and east of Holt Avenue. Mr. Lenorovitz submitted a background report for a revised development plan that would authorize the development of a pro- fessional office condominium complex with support commercial activities; stating that Tract Map 8475 is a related action to this project, which is an agendized item for consideration under New Business. Therefore, applicant has requested that Tentative Tract No. 8475 be considered immediately following this public hearing. The amendment to the land use as previously authorized and re- consideration of its development was brought about at the sug- gestion and encouragement of the City. Opposition was previously expressed by the public relating to the multi-story apartments and their heights. The development as now proposed would con- sist of office buildings no higher than 35 feet, and would be lower in height and therefore is determined more appropriate. The public portion of the hearing was opened at 8:40 p.m. Bob Kramer, 105 South Prospect, representing Mr. Nicholas Barletta, stated that over one year has been spent on this project and that while the previous project development of multi-story apartments was excellent, construction costs have now risen so high as to make it economically unfeasible. The present proposed project encompasses a larger parcel of prop- erty, which would lend itself to office facilities and support commercial. Plans call for parking to the rear and common alley easements. Curbs and streets will be installed and flood channel is being included, with CC&Rs and building standards being submitted to the City for approval. PC Minutes October 23, 1973 Page 4 Jerry Fowler, 18211 Leon Way, Tustin, questioned Mr. Kramer as to proposed use of Parcels 9 and 10 which would face Holt Avenue. Mr. Kramer stated they are planned for use as office buildings. There will be a proposal later for the corner of Irvine and Holt to be annexed to the City for use as a com- mercial lot. It is presently zoned R-4 in the County. Mr. Fowler then questioned the compatibility of 2-story office buildings next to single story multiple family residential. Mr. Kramer replied that houses front on side street and 6' walls will be placed around them. Additionally, buildings could be planned to front on dedicated street. Helen Kreider, 14621 Clarissa Lane, Tustin, questioned the type of protection to be provided along her property line inso- far as noise is concerned. Mr. Kramer responded that there will be a 6' wall, plus parking, which represents more than 70' between her property and any building. Mahlon Heil, 14752 Holt Street, Tustin, believes the City of Tustin owes an explanation as to why previous apartment project failed so badly. It is his opinion that contractors should be required to be bonded before breaking ground on any property. Before this project is started, some assurance should be made that it will be completed, which is an obligation of the Plan- ning Department to residents living in County area located next to proposed project. At the present time, three houses have been removed which has created a very messy condition which should be cleaned up. Additionally, he has talked to the City Administrator concerning this matter, together with the matter of sealing of some leaking sewer drains and, although promised that this would be taken care of, no action has been forth- coming. Mr. Kramer stated the houses were removed a week and a half ago and their contractor promised to have the lots cleaned within a week. He was not aware sewer lines were open. He will check to see that this is taken care of, if possible by Friday of this week. They are presently covering the flood control chan- nel and there is some noise and dirt from this operation. When it is finished, Mr. Heil's property will be level to theirs. Sheila Patterson, 14522 Holt Avenue, Tustin, asked what "trans- port commercial" actually encompassed. Mr. Kramer stated he envisioned such businesses as real estate offices, barber shops, clothing shops, etc. Commissioner Dombrow stated that he is not happy to see any type of office building going in on Holt Avenue. If commercial or professional buildings are allowed there, a precedent will then be set. Mr. Lenorovitz stated that professional office buildings along Holt would be more advantageous than multi-family uses which had been previously proposed for this location, since most pro- fessional office buildings close early, and do not operate on the weekends, as opposed to multi-family residential buildings. The public portion of the hearing was closed at 9:00 p.m. Commissioner McHarris asked the timetable for this proposed development. Mr. Kramer replied that they will file for sub- division as soon as approvals are obtained from the Planning Commission. They are presently preparing on-site improvements, and starting date will probably be in November. The on-site improvements should be completed by the first of the year, PC Minutes October 23, 1973 Page 5 with groundbreaking for the first building scheduled for approximately the same time. Lots will be offered for sale to other developers and builders. However, they prefer to build themselves which may not be feasible from an economic standpoint. Present projections call for at least half of the buildings to be built by applicant. After general discussion concerning the possibility of restric- tions pertaining to Lots 9 and 10, and Mr. Kramer's willingness to accept CC&Rs allowing only professional buildings on these lots, Mr. Lenorovitz stated that application could be continued as a public hearing with staff being directed to prepare a resolution incorporating any changes desired by the Planning Commission. Moved by Hare, seconded by McHarris, that the public hearing of Amendment of Development - PZ 72-138, be continued, with staff directed to prepare a Resolution incorporating restric- tions of Lots 9 and 10 being limited to professional use only. Mr. Bill Reed, 160 Centennial Way, Tustin, stated he had served on the Development Preview Commission when this project, pro- posed as apartments, came before them several times. Although no personal interest or gain to himself is involved, he ques- tions the advisability of an additional two-week continuance. As a citizen and member of the community speaking, it is his opinion that one good project has already been lost and addi- tional delay is now being proposed for the present development. Motion to continue public hearing carried unanimously. Ayes: Dombrow, Hare, McHarris. Noes: none. Absent: Edgar, Larnard. NEW BUSINESS (Taken out of sequence) 1. TENTATIVE TRACT NO. 8475 - NICHOLAS BARLETTA Location: North side of Irvine Boulevard, west of Newport Avenue and east of Holt Avenue. Mr. Lenorovitz presented background data and recommendations of the City Engineer for the proposed Amendment to Prezone 72-138. Moved by Hare, seconded by McHarris, that Tentative Tract No. 8475 be approved, subject to the conditions as set forth by the City Engineer. Carried unanimously. Ayes: Dombrow, Hare, McHarris. Noes: none. Absent: Edgar, Larnard. PUBLIC HEARINGS (Continued) 2. PREZONE 73-2 - EARL E. CLAYTON To prezone the subject property from the County R-4 (Suburban Residential) District, to the City of Tustin PD (Planned Development) District. Location: Southwesterly corner of San Juan and Browning. Mr. Lenorovitz stated that he had just been handed a request for the project to be withdrawn at this time inasmuch as developer requires additional time to study design feasibility and economics. Moved by McHarris, seconded by Hare that request for withdrawal PC Minutes October 23, 1973 Page 6 for Prezone 73-2 be approved. Acting Chairman Dombrow pointed out that the public hearing concerning this Prezone had not yet been held. Commissioner McHarris moved to withdraw motion. Seconded by Commissioner Hare. The public portion of the hearing was opened at 9:20 p.m. Bill Reed, representing Earl E. Clayton, stated applicant requested withdrawal for the purposes previously mentioned. Jacqueline Kontilis, 1871 Jamboree Road, stated that if project is taken before the County Planning Commission, they will be allowed to build to a higher density then presently proposed. Commissioner Dombrow pointed out to Ms. Kontilis that no prop- erty can be annexed to the City without the consent of the property owner. Mr. Reed pointed out that County could approve building to a density of 29 units on proposed property. If annexed to the City, density would be limited to 24. One of the reasons for withdrawal is that some opposition has been received from occupants on Jan Marie Place and his client desires to con- tact complainants. Public portion of the hearing was closed at 9:25 p.m. Moved by Hare, seconded by McHarris that request for withdrawal of Prezone 73-2 be approved. Carried unanimously. Ayes: Dombrow, Hare, McHarris. Noes~ non----~. Absent: Edgar, Larnard. PUBLIC CONCERNS None. OLD BUSINESS FORMAL FINDING BY THE PLANNING COMMISSION, RE: USES IN THE PROFESSIONAL DISTRICT (PR). Mr. Lenorovitz stated that the Planning Commission, on October 8, 1973, had directed staff to prepare a resolution making a formal finding that a limited facility of a savings and loan association is a compatible use with permitted uses in the professional district. Moved by Hare, seconded by McHarris that Resolution No. 1372 be adopted as drafted. Mr. Clifford Benson, President, Santa Ana Savings and Loan Association, requested that the square footage as called out in the Resolution be changed to reflect 1676 square feet, which actually represents the square footage of the existing dwelling. Also, he requested a change of wording from "Homeowner" to "Home Loan". Moved by Hare, seconded by McHarris, that motion adoptin~ Resolution No. 1372 as drafted be withdrawn. Moved by McHarris, seconded by Hare, that Resolution No. 1372, incorporating change of wording from "Homeowner" to "Home PC Minutes October 23, 1973 Page 7 Loan", and 1500 to 1676 square feet with the additional wording of "represented by the existing dwelling" being added. Motion carried unanimously. REALTY OFFICE AS AN AUTHORIZED USE IN THE PROFESSIONAL DISTRICT. Mr. Lenorovitz presented a brief background concerning a request for compatible use as presented by Mr. Sol Zwirn, stating that a continuance would not be critical to the pending issue at this time. Commissioner Dombrow stated that he does not feel a retail realty office qualifies under the original intent of the pro- fessional district. Commissioner McHarris concurred, and stated that it would be best for a full Commission to discuss it. Moved by Hare, seconded by McHarris that Realty Office as an Authorized Use in the Professional District be continued to November 12, 1973. Motion carried unanimously. 3. DENIAL OF VARIANCE 73-5 - RESOLUTION NO. 1373 Mr. Lenorovitz reported that in accordance with Commission direc- tion, staff had prepared a resolution incorporating the findings of the Planning Commission. Moved by McHarris, seconded by Hare, that Resolution No. 1373 be adopted as drafted. Carried unanimously. NEW BUSINESS 1. TENTATIVE TRACT NO. 8475 - NICHOLAS BARLETTA (This matter was taken up earlier in the meeting. 2. See Page 5.) PARCEL MAP 73-67 - SANTA FE LAND IMPROVEMENT COMPANY Location: North side of Irvine Boulevard, west of Newport Avenue and east of Holt Avenue. Mr. Lenorovitz presented a synopsis of the background, stating that the Parcel Map is being filed to reflect a minor change on the lot line of Parcel 2 in compliance with the previous action of the Planning Commission. Moved by Hare, seconded by McHarris that Parcel Map 73-67, sub- ject to the conditions set forth by the City Engineer, be approved. Carried unanimously. AUDIENCE PARTICIPATION None. CORRESPONDENCE 1. PUBLIC HEARING ANNOUNCEMENT FOR ORANGE COUNTY LAND USE ELEMENT OF THE GENERAL PLAN FOR DISTRICT NO. 4 Mr. Lenorovitz stated this information was included for Com- mission information and to note that a public hearing would be held on November 6, 1973. No action required. PC Minutes October 23, 1973 Page 8 2. INFORMATION ON PROPOSITION NO. 1 FROM THE LEAGUE OF CALIFORNIA CITIES. Mr. Lenorovitz pointed out this information was provided for Commission perusal only with no action required. 3. COUNTY ZONE CHANGE 73-27 Zoning to be changed from PC Planned Community and 100 E-4 "Small Estates" District to the A-1 "General Agriculture" District. Location: Northeasterly corner of Marcy Drive and Newport Avenue. No Presented for Planning Commission information only. action required. STAFF CONCERNS None. COMMISSION CONCERNS Commissioner HcHarris re: The Irvine Company EIR. The only positive impact is that development is of economic benefit to the City. Would like to see staff comment more in depth on that benefit in relation to industrial that we do have and what has been developed in the past. He does not know if it is an issue for the EIR as much as for the City. e Mr. Lenorovitz stated that staff will review information concerning the EIR for the possibility of developing additional information that would relate to this question. Commissioner Hare re: The Register newspaper item of October 21. This article was a complete surprise to him and he would like to know where the information regarding revenues came from. Mr. Lenorovitz will attempt to determine this information. Commissioner Dombrow is concerned City officials are releasing figures the Planning Commission knows nothing about. It is his desire to have a workshop session between the Irvine Company, citizens' committees, Plan- ning Commission, and staff. Feels it is essential in this particular instance. Mr. Lenorovitz explained that one of the reasons it has not been held to date is that numerous questions have been raised. After the answers are forthcoming, then a workshop session could possibly be held for their consid- eration. The Community Development Department would be the one to initiate such a workshop session. ADJOURNMENT Moved by Hare, seconded by McHarris that meeting be adjourned to regular adjourned meeting'on October 29, 1973. Carried unanimously. (9:55 p.m.) '"' " :~ ~HAI~"'/ ...... ? / ~CO~ING(SEC~TARY