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HomeMy WebLinkAboutPC Minutes 06-11-73~ ~. • MINUTES OF A REGULP.R MEETItiG ~ • OF THE TUSTIN PLANNING COMMISSION DATE: June 11, 1973 •. TIME: 7:30 p.m. ~ PLACE: Council Chambers, 275 South "C" Street PRESENT: Dombrow, Hare, Larnard, McHarris, Sharp ' ~ ABSENT: None INDEX PAGE ROLL CALL ............................................ 1. APPROVAL OF MINUTES .....................:.........•.• 1\ PUBLIC HEARINGS Continued Item UP-71-369 - Hester Development...... 1, 2, 3 . UP-73-9 - Tic Toc Systems .......................... 3-'4 UP-73-10 - Tustin Unified School District.......... 4 PUBLIC CONCERNS - None OLD BUSINESS - None (~ NEW BUSINESS ' ~-~ 1. Best Years - Negative EIR ...................... 4 2. Final Map. of Tract No. 8035..... ............... 4-5 AUDIENCE PARTICIPATION - None CORRESPONDENCE . 1. Orange County General Plan ..................... 5 2. CEED - Orange County Planning Dept ............. 5 STAFF CONCERNS - None COMMISSION CONCERNS ..........................:....... 5 ADJOURNMENT...........:• .............................. 5 L,,. MINUTES OF A REGULAR MEETING OF TIlE CITY OF TUSTIN PLANNING COmmiSSION JUNE 11, 1973 The regular meeting of the City of Tustin Planning Commission was held on the eleventh day of .June, 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 Hare. ROLL CALL: Present: Absent: Others Present: Dombrow, Hare, Larnard, McHarris, Sharp None James G. Rourke, City Attorney; R. Kenneth Fleagle, Ass't. City Administrator - Community Development Director; Bruce Lenorovitz, Assistant Planning Director; Mary Ann Chamberlain, Planning Commissio:: Recording Secretary. APPROVAL OF MINUTES Commissioner Larnard moved for approval of the minutes of the May 29, 1973 meeting; secoHded by Commissioner Hare. MOTION CARRIED: 5-0 PUBLIC HEARINGS !. Continued Item UP-71-369 (~econsideration) - Hester Development Company - for the purpose of specifying the precise terms and conditions of development and any amendments necessary to the terms and conditions of the Use Permit. Location: Easterly side of Yorba Street, + 737' southerly of the centerline of 17th Street, k--nown as "Park Tustin". Mr. Fleagle stated that there are two major points of concern as related to this project. The first cause of contention is the matter of the rear setback area on the southerly property line, to determine what is permitted in this area as related to improvements such as patios, equipment and patio covers. Ordinance No. 487 (f) reads~ Perimeter landscaping in conjunction with perimeter wall to provide screening for adjacent residential developments. The Development Preview Commission determined that the Planning Commission had the responsibility for determining permitted development within this 10' setback area, and the Planning Commission has consistently maintained their intent that this area should be an open landscaped buffer area. The second item of concern relates to parking and traffic cir- culation. Paragraph 2 of Resolution No. 1243 specified a parking ratio of approximately 2 1/3 parking spaces per dwelling unit, and section 2 (f) reads: Circular driveway access is restricted in north central portion of the development. This section of drive shall be wi(]ened to a minimum of 25' to provide sufficient access for fire fiqhting equipment. -1- PC 'Minutes 6/11/73 Page two There is a continuing concern of the Fire Department for access through the project for purposes of public safety. Parking on the 25' driveway surfac could preclude emergency vehicle access to the rear of the development, and entrance into a private garage. The Commission has requested that the architect present to the Commission the design concepts, plans, and renderings that were the basis of approval of the project. Chairman Sharp opened the public portion of the hearing at 7:48. Michael W. Immell, 12072 Marquee, Santa Ana, of Rutan & Tucker, representing Park Tustin, informed the Commission that Mr. Emill Benes, architect, and Mr. Jim Gianulius, representative of Hester Development Corporation, would make the presentation of renderings and plans to the Commission. Mr. Benes and Mr. Gianulius made a presentation to the Commission and audience with colored renderings and the film positives that were used for the original presentation two years ago. Mr. Benes pointed out that the fences around the rear patios were shown at that time on the film positives. He also indicated that the 25' wide lanes were also shown on the plans. Mr. Benes commented that usually fireplaces and air conditioners are no~ shown on site plans. The 10' setback area of landscaping was also shown on the plans but did show patios. Mr. R. Howard, 17395 Via Lindo, Park Tustin resident, complained that although the streets are to be 25' of paved right-of-way, when he measured the one near his home, the paved area measured only 22 1/2 feet. H.E. "Red" Coffman, 14232 Mimosa, new president of the Enderle Gardens Homeowners Association, stated that it was his under- standing that the 10' buffer zone was to be landscaped to include trees, and nothing else was to be placed in this buffer area. Ralph Yeaman, 14242 Acacia Place, former president of Enderle G--ardens Homeowners Association, stated that he felt better records should be kept by the City. He felt that keeping tapes of meetings for only six months was not enough. He further stated that the inspectors should inspect projects in accordance with the design criteria handed down by the Planning Commission and the Development Preview Commission. He further stated that the presentation made by Mr. Benes was similar to that made two years ago. After'the Commission questioned representatives from the Enderle Gardens Homeowners Association, it was agreed that the homeowners of Enderle Gardens who live adjacent to the southerly property line of Park Tustin have made no objection to date to the patios or air- conditioners being installed in the 10' rear setback area. Other "Park Tustin" homeowners expressed their concern for the lack of parking spaces, and would like Hester to stop building the final 5 or 6 units so that the front portion of the Park Tustin development which has had a parking lot with perimeter landscaping, could continue to be used for visitor parking which is necessary for this development. The public portion of the hearing was closed at 9:15 p.m. Commissioner Dombrow stated that he felt the spirit of the Use Permit had defin~-~y been violated but since he felt it was too late to do anything, the Commission should now be concerned about the parking for the future and if the streets are wide enough. -2- PC Minutes 6/11/73 Page three Commissioner McHarris moved to direct Staff and the City Engineer to r~vi~w ~he p~,~t silt i,, ~i~Li~n L~. L],e s~eL ~ze, ~he street radius, number and size of parking spaces (to include the garages), and report back to the Planning Commission; seconded by Commissioner Dombrow. Further discussion followed among the Commissioners regarding the problem of circulation and parking and how it could be corrected. It was also discussed that parking is not to be allowed on the streets as stated in the CC&R's. Mr. Gianulius stated that the parking ratio of 2 1/3 parking spaces per unit has been complied with and that no homeowners association has been formed at this time but will be formed in the next few weeks. Mr. Fleagle suggested that when the homeowners association is formed, they should meet with City Staff and the developer to try to resolve the parking problems. The Commissioner questioned the developer if he would be wil~.ing to curtail any future development until the parking is resolved. The answer was no, he would not stop construction of the final units. Commissioner McHarris moved to withdraw his first motion; seconded by Dombrow. Commissioner Larnard moved to have Staff prepare a report to the City Council with the following findings: The spirit and intent of the Planning Commission and City Council was violated in regard to the 10' open-space landscape area on the southerly border of Park Tustin. There were further concerns related to parking accommodations, road and driveway widths, and the misunderstandin~ between the developer and residents in relation to the developmen~ of the project. Seconded by Commissioner Hare. MOTION CARRIED: 5-0. PUBLIC HEARINGS UP-73-9 - Tic Toc Systems, Inc. dba Alphonso's - to authorize installation and operation of a take-out food and sit-down deli within the existing Tic Toc Market, and modification of an existing freestanding pole sign. Location: 14090 Red Hill Avenue Mr. Lenorovitz explained that Staff has examined the site and existing Tic Toc Market in which the deli is to be located, and they feel that the site can adequately acconu~odate this use with no detrimental effects to the surrounding neighborhood. Mr. Lenorovitz further stated that the parking lot is somewhat littered, and the existing planter is overgrown. Chairman Sharp.opened the public portion of the hearing at 10:25 p.m. Walter Tho~ton, Chief of Detective Services for Tic Toc Markets, stated that they are planning to upgrade the planter and provide better maintenance for the parking lot area. Commissioner McHarris questioned Mr. Thornton if there would be enough parking places for the Tic Toc Market and the new deli. Mr. Tborni;on answered that there are 16 spaces and the other Tic Toc Markets with d21is with the same amount of parking spaces have not had any parking problems. The public portion of the heari~f was closed at 10:30 p.m. PC Minutes 6/11/73 Page four Commissioner Larnard moved to adopt Resolution 1345 granting a use permit for Tic Toc Systems, Inc., UP-73-9; seconded by Commissioner Hare. MOTION CARRIED: 5-0. UP-73-10 - Tustin Unified School District - to authorize the installation of one, two-room classroom relocatable building on th High School campus. Location: 1171 Laguna Road, Tustin. Mr. Lenorovitz informed the Commission that the increased enrollment at Tustin High School in 1973-74 hs necessitated the use of two additional classrooms. To meet this need, the TuStin Unified School District has proposed to locate one, ~wo-classroom relocatable building measuring 30 feet by 60 feet. The public portion of the hearing was opened at 10:37 p.m. Seeing. and hearing no one, the public portion was closed at 10:38 p.m. Commissioner Larnard moved to adopt Resolution No. 1344, granting a use permit to the Tustin Unified School District, UP-73-10; seconded by Commissioner McHarris. MOTION CARRIED: 5-0 PUBLIC CONCERNS - None OLD BUSINESS - None 1. Negative Environmental Impact Report - Best Years Mr. Fleagle explained to the Commission that Best Years Inc. has applied to the Orange County Flood Control District for a permit to acquire air rights'and develop over the Flood Control Channel, north of Irvine Boulevard, between Holt at the SPRR right-of-way. Pursuant to the Environmental Impact Report procedures and guidelines adopted by the Orange County Board of Supervisors, the City of Tustin Planning Commission is requested to determine whether or not a significant impact will result from the development of this project, as related to the use of the flood control right-of-way. Mr. Flea~le further explained that at this point in time, the project is determined to be a Ministerial Project and exempt from the requirement of an Environmental Impact Report for the City of Tustin, pursuant to Section 6.3 of City Council Resolution No. 73-24. Commissioner Larnard moved to adopt Resolution No. 1343, precisely as drafted, finding a negative environmental impact for Best Years Project related to the Orange County Flood Control District; seconded by Commissioner Hare. MOTION CARRIED: 5-0. 2. Final Map of Tra~t No. 8035 - Raub, Bein, Frost & Associates for U.S. Development Corporation. Mr. Lenorovitz explained that this tract is the third phase of previously approved Tentative Tract No. 7794 (Laurelwood Patio Homes). A ~ep~rt wn~ n~ ~ive~ fr~m the City ~n~n~r ~ ~.-~ ~he writing of this report. Consequently, this tract will be subject to all terms an(] conditions of the City Engineer, as indicated in the resolution. -4- P.C Minutes 6/11/73 Page five Commissioner Lnrnard moved 'to adopt Resolution No. 1346, r--e-C~l~-~'~'h'ding to Ci~-.~ Council approval of Final Map of Tract No. 8035; seconded by Commissioner McIIarris. MOTION CARRIED: 5-0 AUDIENCE PARTICIPATION - None CORRESPONDENCE 1. Orange County General Plan Mr. Fleagle reported that Staff had sent a copy of the Land Use Element of the General Plan to the Orange County Planning Department, and in return had received this memorandum from the County. Commissioner Dombrow moved to have Staff prepare correspondence. to the Orange County Planning Department requesting they present the Orange County General Plan to the Tustin Planning Co~mission at a future regularly scheduled meeting; seconded by Commissioner Larnard. MOTION CARRIED: 5-0 CEED - A Reaction to the Orange County Planning Department Document, "People, Policy & Growth -- A New Direction". Mr. Fleagle explained that this material was only for the informatioa bf the Commissioners and no action was necessary. STAFF CONCER~;S - None C0~'.::41 S S I ON CONCERNS Chairman Sharp discussed with the Commission the lack of administrat!v control and continuity in order to have good developments. He further stated that he felt problems could be eliminated if they put together a system of approval from the beginning to end. Mr. Fleagle stated that he felt the problem was trying to maintain li~5~ between the different departments. It was decided that this discussion be continued at a later meeting. ADJOURNMENT Commissioner Hare moved to adjourn to the next regularly scheduled meeting of June 25, 1973; seconded by Commissioner Dombrow. MOTION CARRIED: 5-0 CHAIRMAN OF THE PLANNING COY=MISSION PLA,~N~N~O~4I~SION i~L~CORDING SECRETARY