HomeMy WebLinkAboutPC Minutes 04-23-73MINUTES OF A REGULAR MEETING
OF TIlE TUSTIN PLANNING COMMISSION
DATE: April 23, 1973
TIME: 7:30 p.m.
PLACE: Council Chambers, 275 South "C" Street
PRESENT: Dombrow, Hare, Larnard, McHarris and Sharp
ABSENT: None
'INDEX 'PAGE
ROLL CALL ................................................ 1
APPROVAL OF MINUTES - 1
PUBLIC HEARINGS
Continued Item
UP-73-7 - Pup n' Taco ................................
OLD BUSINESS
PM-73-63 - Warren TenEyck ............................ 3
NEW BUSINESS
Final Map of Tract No. 7846 ........... ~ .............. 3
Final Map of Tract No. 7924 .......................... 4
Tentative Tract No'. 8301 4-5
PM-73-64 - Bell & Pedicini ........................... 5-6
Handbook for Planning, Zoning & Development .......... 6
CORRESPONDENCE
Letter from Orange County Planning Commission ........ 6-7
Bus Benches ..........................................
Orange County Tentative Tract No. 8294 ............... 7
AUDIENCE PARTICIPATION - none
STAFF CONCERNS
Tract No 8034 - U S Development 7
Hester Development ................................... 7-8
Land Use Element ..................................... 8
Audience Participation · 8
COMMISSION CONCERNS ...................................... 8-9
ADJOURNMENT .............................................. 9
1,2,3
MTNUTES OF A REC~ULAR MEETING
OF THE
CITY OF TUSTIN PLANNING COMMISSION
APRIL 23, 1973
The regular meeting of the City of Tustin Planning Commission
was held on the 23rd day of April, 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 Larnard.
The Invocation was given by Commissioner Hare.
ROLL CALL:
Present: Dombrow, Hare, Larnard, McHarris and Sharp
Absent: None
Others R. Kenneth Fleagle, Ass't. City Administrator-Community
Present: Development Director; Mary Ann Chamberlain, Planning
Commission Recording Secretary
APPROVAL OF MINUTES
Commissioner Larnard moved for approval of the minutes of the
April 9, 1973 meeting; seconded by Commissioner Hare.
MOTION CARRIED: 5-0
PUBLIC HEARINGS
Continued Item
UP-73-7 - Pup n' Taco ~ to permit the operation of a drive-
up fast food restaurant and parking.
Location:
Site is located at the southwest corner of First
Street and E1 Camino Real.
Mr. Fleagle reviewed the Staff report and explained that the
applicant has made the following requested changes since the
initial submittal of the proposal:
1. Elimination of the most easterly driveway on First Street.
2. Landscaping in the area of the eliminated driveway.
®
An increase in width of the perimeter landscaping from
4' to 8' on the westerly side, and from 6' to 8' on
the southerly side.
e
Submission of an approved signing plan to consist solely
of a suspended free-standing sign.
5. Potted plants on the westerly side of the building.
Commissioner Dombrow questioned Mr. Fleagle if the sign is to be
a pole sign rather than a monument-based sign. Mr. Fleagle ex-
plained that three sketches were submitted to the Dev~lopment
Preview Commission for review and the hanging pole sign ~as
determined to be the most desirable of tile three.
CommisSioner Dombrow questioned the size of the sign shown on
t-~e plan. Mr. Fleagle stated that the plan as shown is'a mock-
up, not to scale.
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Commissioner Dombrow questioned Staff as to the outside speaker
system as outlined in item 2(j) of Resolution No. 1329. Mr.
Fleagle explained that the speakers would not be audible on any
of the property lines.
The Commissioners further questioned Staff about the noise
level of the speakers and would the City be able to stop operation
if necessary. Mr. Fleagle explained that if the noise level was
too high they would be able to stop the operation and for that
reason it was written into the Resolution.
Chairman Sharp re-opened the public portion of the hearing at
7:43 p.m.
Mr. Russell Wendell Jr., Pup n' Taco, 4220 Long Beach Boulevard,
Long Beach, California, explained to the Commissioners that this
was his standard sign plan, 78 square feet per face and internally
illuminated.
After some discussion among the Commissioners about the dimensions
of the sign, it was determined that with the required 10 foot
minimum height of the sign, it would be 18 feet plus, rather than
the 16 foot height that was stipulated in Resolution No. 1329.
It was also determined that the sketch was not in keeping with
the maximum height limit of 16 feet, therefore the 78 square
foot sign would be out of context and not in proper dimensions.
Commissioner Hare questioned Mr. Wendell if he could take the
top part of the pole sign off, and Mr. Wendell replied no.
Chairman Sharp questioned if there is any plan to have changeable
information on the top part of the sign and Mr. Wendell informed
the Commission there was not.
The public portion of the hearing was closed at 8:17 p.m.
Commissioner Hare commented that the Commission should not
deviate from the 16 foot sign since Mr. Wendell has made con-
cessions and feels they should grant the Use Permit.
Commissioner Dombrow commented that they should not grant' the
Use Permit if section 2(g) of Resolution No. 1329 is allowed to
stand as is.
Commissioner McHarris commented that he felt the plan as submitted
was unacceptable and the sign should be a ground-based low keyed
sign, such as 4' X 5'.
Commissioner Hare mo~ed to approve Resolution No. 1329 as
submitted; seconded by Chairman Sharp for discussion.
Chairman Sharp commented that the sign sketch that was'submitted
.does not become part of the action, but rather one that would
be drawn as specified in section 2(g) of Resolution No. 1329.
Mr. Fleagle further commented that the Commissioners would not
be giving approval of the plan as shown but rather to the scale
as stated in Resolution No. 1329, section 2(g).
Commissioner Dombrow moved to amend Resolution No. 1329, section
2(~) to read:
Signing of the site shall consist solely of.a ground-based
monument sign and no part of the sign shall exceed 4' in
height aha ~: in leng=n.
Seconded by Commissioner McHarris.
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Page three
MOTION TO AMEND SECTION 2(g) of Resolution No. 1329, CARRIED: 3-2
Ayes:
Noes:
Dombrow, McHarris, Sharp
l{are, Larnard
Commissioner Larnard questioned Staff if they would be changing
the entire plot plan because of the sign change.
Mr. Fleagle explained that the traffic circulation would remain
as shown and to accommodate the ground-based sign they could
remove the parking space at the corner of the property.
The Commissioners voted on the original motion with section
2(g) amended.
MOTION CARRIED: 4-0
Commissioner Hare abstained.
OLD BUSINESS
1. Parcel Map 73-63 - Warren TenEyck
Location:
South side of 17th Street from 600'+ to 1200'+
west of Prospect Avenue.
Mr. Fleagle stated that the City Engineer had recommended conditioa
~(e) of Resolution No. 1334 to read:
Prior to approval of this map, submit cash bond to the City
of Tustin in the amount of 50~ of the estimated cost of
621.72 lineal feet of drainage facilities in 17th Street,
adjacent to Parcel No. 1, as said drainage facilities are
called for in the E1 Modena-Irvine Area Master Plan of
Drainage.
The applicant protested this condition and the action of the
Commission was withheld pending resolution of the matter.
Subsequent discussions between the applicant and the City Engineer
have resolved the question with the agreement of the City Engineer
that the condition is not appropriate at this time. There is no
benefit to be derived by Parcel 2 from a storm drain line on
17th Street. The application of drainage fees for parcel 1 will
be reconsidered at such time as a use permit is applied for to
authorize development.
Commissioner Larnard'moved to adopt Resolution No. 1334 (as
amended); seconded by Commissioner Hare.
MOTION CARRIED: 5-0
NEW BUSINESS
1. Final Map Tract No. 7846 - Jack McClean
Location:
West side of Prospect Avenue, opposite Carlsbad
and running westerly to Anglin Lane.
Mr. Fleagle informed the Commissioners that Tentative Tract No.
7846 was approved by the Planning Commission on May 22, ].972,
and this Final Map appears to be in substantial compliance with
the approved Tentative Map.
Commissioner Larnard moved to adopt Resolution No. 1338 recommending
to CJ.~y Cou.~cil approval of Final Tract M. aD No. 7846; seconded
by Commis~. i.")ner Hare.
:.:OT.,'rO~'.l c,":J:'n'~ riD: 5-.0
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Page four
2. Final Map of Tract No. 7924 - Jack McClean
Location:
West side of Prospect Avenue, south of Carlsbad
Drive and south of Tract No. 7846.
Mr. Fleagle explained that Tract No. 7924 is in reality a con-
~inuation of Tract No. 7846. Since this tract has no access to
public streets except through Tract No. 7846, it must be developed
in conjunction with Tract No. 7846. Tentative Tract No. 7924
was approved by the Planning Commission on September 11, 1972,
and the Final Map appears to be in substantial compliance with
the approved Tentative Tract.
Commissioner Larnard moved to adopt Resolution No. 1336 recommending
to City Council approval of Final Tract Map No. 7924; seconded
by Commissioner McHarris.
MOTION CARRIED: 5-0
3. Tentative Tract No. 8301 - Warmington Development, Inc.
Location:
East side of Yorba Street,'south of Bonner Drive,
600' + north of 17th Street.
Mr. Fleagle reviewed the Staff report and recommended the following
conditions:
.Completion of annexation proceedings to the City of
Tustin and certification by the Secretary of State by
October 1, 1973.
Dedication of streets within the tract as shown on the
tentative map except that the right-of-way width of "A"
Circle be increased to 56 feet and the "A" Circle cul-
de-sac radius be increased to. 48 feet. The width as
shown on the map permits only a 2%' wide planting strip
which is not sufficient for parkway trees.
Dedication of an easement from the westerly end of the
Medford Avenue cul-de-sac to Yorba Street satisfactory
to the City Engineer and Fire Chief to provide for
utilities and emergency vehicle access.
Submit street improvement plans, for the approval of the
City Engineer, calling for construction of missing
street improvements on Yorba Street per secondary arterial
standards, al'l street improvements on interior streets,
sanitary sewers, water mains, street trees, all to City
Standards and to the satisfaction of the City Engineer.
So
Installation of all utilities underground in all phases
of the development. No additional overhead poles to be
set within the property.
6. Annexation of the property to the Tustin Lighting District.
e
Minimum street grades within the tract shall be reviewed
with the City Engineer prior to submission of any improve-
ment plans.
0,
Construction of a 6'8" masonry wall along the entire
length of the westerly boundary of the property includin~
construction of an emergency vehicle access gate at the
Medford Avenue cul-de-sac easement, all subject to the
approval of the Development Preview Commission.
The submittal of a request and findings of a Negative
Declaration of Environmental Impact pursuant to Section 3,
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Page five
Resolution No. 73-22 of the City Council of the
City of Tustin.
Mr. Fleagle explained that following a conference with the
applicant it was determined that condition 2 (2(b) of Reso!utiol;
No. 1335) would present a hardship and was therefore changed to
read:
Dedication of streets within the tract as shown on the
tentative map except that the "A" Circle cul-de-sac radius
be increased to 48', and access right to "A" Circle from
lots 9 and 10 be dedicated to the City.
Mr. Flea9le further explained that if condition 2 had been
allowed to stand as written, the applicant would have had to
lose one lot. It was determined that this was n~ necessary
if the condition was amended.
Commissioner Hare moved to adopt Resolution No. 1335 as amended;
seconded by Commissioner Dombrow.
MOTION CARRIED: 5-0
4. Parcel Map 73-64 - Bell and Pedicini
Location: Southwest corner of 17th Street and Prospect Ave.
Mr. Fleagle reviewed the Staff report and recommended the follow-
ing condi{ions:
Dedication to the City of Tustin, the 64' wide right-
of-way shown as Street "A" on the map including a 27'
radius corner cutoff at the northwest corner of the
intersection of Street "A" with Prospect Avenue.
e
Dedication to the City of Tustin, right-of-way for 17th
Street and Prospect Avenue per the Master Plan of
Arterial Highways.
e
Upon development, submit street improvement plans, for
approval of the City Engineer, calling for the construction
of all missing street improvements, per the Master Plan
of Arterial Highways, on the 17th Street and Prospect
Avenue frontages and for construction of full street
improvements on Street "A" per the Master Plan concept.
Said construction to include:
(a) Street pavement
(b) Curb and gutter
(c) Sidewalk
(d) Street trees
(e) Underground conduit street lights
(f) Required public sewers or water mains
(g) A catch basin on the south'side of 17th Street
525'+ west of the centerline of Prospect includi..~
a lateral connection to the existing flood control
channel
(h) Catch basins at the intersection of Street "A"
and Prospect Avenue including a lateral connection
to the existing drain on the east side of Prospect
Avenue
All of the above to be constructed per City standards
and to the sa=isfaction .Tf the City Engineer.
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Annexation of the entire area to the Tustin Lighting
District.
Ail utilities to be underground with no additional overhead
poles to be set within the property.
6. Final approval by the City Engineer and recordation of · the map.
Development of the various properties shall be in
conformance with the adopted and approved Master Plan
for Development.
Prior to the sale or lease of any of the subject pro-
perties, a full and complete set of reciprocal agreements
shall be submitted to, and approved by, the City Attorney.
Commissioner Larnard moved to adopt Resolution No. 1337; seconded
by Commissioner }{are.
MOTION CARRIED: 5-0
5. Handbook for Planning, Zoning & Development
Mr. ~leagle advised that development policies at the present
time are contained in various publications of departments, Council
Policies, Resolutions, and Ordinances. The Handbook for Planning,
Zoning & Development is an attempt to provide applicants with
a compilation of.the development procedures and standards that
are appropriate for this project.
Commissioner Larnard complimented Mr. Fleagl~ stating that this
~s one of the finest pieces of information he has seen at any
time compiled into one publication. Mr. Larnard further stated
that since this touches on all phases of development, the
developers will be delighted with this handbook.
The Commissioners questioned Mr. Fleagle if there would be
a charge for this'information. Mr. Fleagle stated that if an
application was filed, the applicant would get one free. Other-
wise the charge would be $1.50.
Commissioner Larnard moved to recommend to City Council the
adbption of the H~ndbook for Planning, Zoning & Development
as the Official Development Guide for the City of Tustin; seconded
by Commissioner Dombrow.
MOTION CARRIED: 5-0
CORRESPONDENCE
1. Letter from Orange County Planning Commission·
Mr. Fleagle stated that this letter pertains to cooperation
between the City and County regarding zone changes. The City
will be notified of pending zone change applications and the
public hearing will not take place until they receive our
official opinion in writing.
The Commission directed Staff to prepare a draft letter with
the Chairman's signature for the May 14 meeting, thanking them
£~ L~= ~ourtaSy ~'~~~,,~ i~v~ u~ndcd t~ Commission.
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Page seven
Mr. Fleagle read a letter he had received from the Orange
County Planning Director regarding the Land Use Element of
Orange County. The County requested input concerning the
County islands within the Tustin Sphere of Influence. Mr.
Fleagle informed the Commission that he would respond with
a letter, a copy of our Land Use Element, and maps pertaining
to our Element. ·
2. Bus Benches
Mr. Fleagle informed the Commission that recently several
property owners and members of the City Council have objected
to bus benches located in the City where there is no bus
service. He referred to a memorandum to the City Engineer that
suggested that the bus bench companies show cause as to why
the bus benches should not be removed.
CoF~issioner Larnard moved to direct Staff to advertise for
a public hearing on May 14, 1973; seconded by Commissioner
McHarris.
MOTION CARRIED: 5-0
3. Orange County Tentative Tract No. 8294
Location: Newport Avenue, south of La Colina Drive.
Mr. Fleagle read the negative comments from the department
heads concerning this apartment development.
Commissioner Larnard moved to direct Staff to prepare a response
incorporating the comments from the different departments; seconder
by Commissioner McHarris.
MOTION CARRIED: 5-0
Chairman Sharp'moved to consider the Audience Participation
portion of the meeting at this point in the Agenda; seconded
by Commissioner Dombrow.
MOTION CARRIED: 5-0
AUDIENCE PARTICIPATION - None
STAFF CONCERNS
1. Tract No. 8034 - U.S. Development Corporation
Mr. Fleagle explained that this item was to have been considered
for this meeting but since the engineer consultant'had not
received the improvement plans in time for him to make a
recom~endation,~this item will be considered at the May 14, 1973
meeting.
2. Hester Development (Park Tustin Condominium~)
The Zone Change and Use Permit 71-369 were approved by the
Planning CoF~nission and CJ. ty Council on the basis of the
representations and plans that were presented by the applicants.
Plans filed with the City did no~ indicate t~e installation of
the detached air conditioning equ[?ment on concrete pads
within the 10' ?~.,'~I~d.~cal;~'d buffer ar~.a on th,.? south t~.ropc:rty
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Page eight
perimeter. The Commission is requested to determine if this
is in accord with the intent of the Commission.
A discussion followed of the representations that were made
by the developers in conjunction with this project, the City
Council's determination as related to prohibiting the intrusion
of the fireplace walls into this setback area, and the intent
of the Commission. "
It was moved by Chairman Sharp, seconded by Commissioner Larnard
that the Planning Commission finds that the ~nstallation of
detached air conditioning equipment, installed on concrete pads
within the 10' landscape buffer area on the south perimeter
of the property is in conflict with the representations made
by the developer as to the intent of the buffer area and is in
violation of the intent of the Planning Commission in the approval
of Use Permit 71-369.
MOTION CARRIED: 5-0
Ayes: Dombrow, Larnard, McHarris, Harel Sharp
3. Land Use Element of the General Plan
Mr. Fleagle informed the Commissioners that he wished to bring
%hem up to date on the Land Use Element regarding the property
east of Jamboree and south of the Santa Fe Railroad.
Mr. Fleagle has met with the Irvine Company and they will be
developing this property in accordance with the precise develop-
ment plans of the Irvine Industrial Complex. Both the Planning
Commission and the Irvine Industrial Complex will review develop-
ment plans prior to the issuance of building permits.
4. Audience Participation
The Staff has been investigating the best means of providing
time for members of the audience who want to address the Planning
Commission regarding matters of general concern.
Mr. Fleagle suggested that an agenda item be added called "Public
Concerns", that would follow the public hearings. If a citizen
contacts the Staff, in writing, by the Friday prior to any
Planning Commission meeting, his correspondence can be included
in the notebooks and listed on the agenda. This would follow
the'~ublic IIearing"portion of the agenda.
People who did not contact, or preferred not to contact the
Staff prior to the meeting could still be heard at the latter
part of the agenda under "Audience Participation", which should
be heard after"New Business".
After some discussion, the Commissioners decided to follow the
above format on future agendas.
COMMISSION CONCERNS
Commissioner McHarris made a request that in the future developers
have their proposals drawn to scale so that the Commission can
make a determination without figuring out ~he
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Page nine
Con%missioner IIare questioned Staff as to when they would
get to see the new sign ordinance. Mr. Fleagle replied that
the Council members are awaiting the Chamber of Commerce
Committee ' s recommendations.
ADJOURNMENT
Commissioner }{are moved to adjourn the meeting until the next
regular meeting of MaY 14, 1973; seconded by Commissioner Dombrow.
MOTION CARRIED: 5-0
CHAIRMAN OF THE PLANNING COMMISSION
PLANNING CpMMISSION RECORDING SECRETARY
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