Loading...
HomeMy WebLinkAboutPC Minutes 02-12-73MINUTES OF OF THE A REGULAR. MEETINC- TUSTIN PLANNING COM!4!:~SIHN DATE: TIME: PLACE: PRES ENT: ABSENT: February 12, 1973 7:30 p.m. Council Chambers, 275 South "C" Street Dombrow, Hare, Larnard, McHarris, Sharp None ROLL APPROVAL OF MINUTES OF MEETING OF JANUARY PUBLIC HEARINGS Continued Item ZC-73-1 - A. J. New Items ZC-73-3 & ZC-73-2 - UP-73-4 - Amendment UP-73-5 - · INDEX CALL ................................................ REGULAR 22, 1973 .......................... Hamer & L. Carpenter ................. UP-73-3 - Planning Commission Initiated .... Herbert Zarember ........................... Jack A. Randall (Withdrawn) to Sign Ordinance (advertising signs) ...... First Southern Baptist Church and Walker & Lee Realty ........................ Excess Right-of-way - Yorba ........... Southern Baptist Church Abandonment of OLD BUSINESS Parcel Map 72-55 - First NEW BUSINESS Parcel Map 73-60 - John J. Mullen & Assoc. Inc ....... Environmental Impact Statement - Walnut Village West Trunk Sewer ........................... Orange County Flood Control District request ......... CORRESPONDENCE County Tract Map No. 7969 ............................ Joint Council/Commission Workshops ................... California Legislature - Open Space Lands ............ Seismic'Safety Element Seminar ....................... Orange County Use Permit No. 3392 .................... STAFF CONCERNS ........................................... COMMISSION CONCERNS ...................................... AUDIENCE PARTICIPATION ................................... ADJOURNMENT .............................................. PAGE 1 1 1-2 2-3 3-4 4-5 5 5-6 6-7 7 7 8 8 8 8 8 8-9 9 9 9 9 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION FEBRUARY 12, 1973 The regular meeting of the City of Tustin Planning Commission was held on the 12th day of February, 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: Absent: Others Present: Dombrow, Hare~ Larnard, McHarris, and Sharp. None. James G. Rourke, City Attorney, R. Kenneth Fleagle, Ass't. City Administrator-Comm. Dev. Director, Nancy Lawton, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING JANUARY 22, 1973 PUBLIC HEARINGS Continued Item 1. ZC-73-1 - A. J. Hamer & L. Carpenter - to permit zone change from R-1 to PR. Location: West side of Yorba, starting at point 727' south of 17th Street, in the City of Tustin. ~- F!ea~!e advised ~ this item has been continued from the Januar' ~2, 1~73 meeting, to allow the applicant time to submit plans for the proposed development of subject property. It was suggested that there may be a community benefit from having the zone change boundary northerly some' 250' in order to authorize R-1 Development directly opposite from the Enderle Gardens property, which could accommodate four dwelling units. These may be less than desirable residential lots, but would be in keeping with the zoning pattern. Such a zone change boundary would. probably destroy the propsect of development of the PR as proposed. The plans, as submitted, indicate the construction of two-story profes- sional office buildings with parking accommodations equivalent to one space for each 250 square feet of floor area, which is in excess of the normal parking requirements in the PR District. The locations of the structures would provide sufficient landscape buffering to enhance the appearance of the area. Chairman Sharp opened the public portion of the hearing at 7:37 p.m. Norman Smedegaard, attorney for the applicants, stated that this type of development will allow more parking than is normally provided. He showed a rendering, and advised that each one of the driveways is a two-way driveway. Mr. Smedegaard quoted from the PR classification of the Zoning Ordina: e, advising that the City is well protected as respects all aspects of de- velopment. He reiterated his feelings of the last meeting which were that there would be no problems as respects traffic and children. G_?.n. Ralph Yeaman, 14242 Acacia, President of the Enderle Gardens Home- owners Association, advised that they could not collectively object to the rendering or the traffic pattern as presented. However, he per- sonally was concerned with the traffic problem, especially as related to the drive entrances and the possibi£~.ty of going through Enderle Gardens. He felt that Enderle Gardens ~oulJ be a turn-around, unless there were proper restrictions to parking. I~e s~pported Mr. Fleagle's suggestion of maintaining the R-1 northerly ~?~ 250 feet. pC Minutes 2/12/73 Page two Mr. Smedegaard stated that if the zoning were to allow for the R-1 ~evelopment, then their plan would have to stop, as they could not cut the property down. In response to questioning from Chairman Shar~, he stated that the development would be done in phases, with the south- ern part being developed first. Mr. Lee Carpenter, one of the applicants, commented that as respects the parking at 4th and Yorba, they had made periodic checks, and that there would not be any problem created by the two buildings. They also checked with various residents of the area~ and found the same consensus. Roger McCune, 14231 Willow, felt also there would be a traffic problem, ~ue to the fact that with the new condominiums in this area, they in themselves will generate more traffic. He stated he checked with the County, and they advised him that office buildings create 500 times more traffic than do apartments. A. J. Hamer, applicant, stated that they have checked with the Traffic Engineer o3 the City, and he feels that there will not be any traffic problems with this development. Jack DeVries, 17351 Jacaranda and A1 Enderle felt the plans were well designed and had no objections to the development. Earl Ludwig, 17332 Village Drive, felt that if all the traffic were to go to the right, there would be a traffic problem. Chairman Sharp closed the public portion of the hearing at 8:15 p.m., ~or discussion among the Commissioners. Commissioner Dombrow felt there would definitely be a traffic problem, and that he was opposed to any development because of the 17th Street 'and Yorba intersection. He did feel, however, that the plans as pre- sented were excellent, and thought that all parkinq should be at rear of building. It was the consensus of opinion of the Commissioners, that the plans were well designed and suitable for this property. In response to the Commissioners concerns as respects tieing the zone change action in with the plans, Mr. Rourke stated that the applicants have made it clear that the plans shown are their present thinking about what they are proposing to build there; they are only conceptual. When the applicant submits final plans, if they are not favorable, Com- mission can deny them and request different plans. Commissioner Hare moved to direct Staff to prepare a Resolution incor- porating' their ffndings, and have it for consideration at the next regu- lar Commission meeting; seconded by Commissioner McHarris. MOTION CARRIED: 4-1. Commissioner Dombrow voting against this motion. New Items 1. ZC-73-3 - UP-73-3 Planning Commission Initiated - zone change from R-1 to Public and Institutional District, and a Use Permit authorizing the development of a passive neighborhood park. Location: Southwest corner of Red Hill and Bryan Avenues. Mr. Fleagle advised that this 4.2 acre parcel was proposed to the elec- torate of the City to develop as a neighborhood passive park, and a bond issue was approved for the purpose of authorizing its acquisition and development. He advised the Commission of the Development Preview Com- mission's concerns as related to lighting, location of sidewalks, bar- riers to streets, ~d ~£1m~Lu~ w~ll ~ in~io£ ~f ~h~ p~rk. They a~ expressed the desire to review with the architect-designer the alloca- tion of activities to specific locations within the park and the poten- tial of dispersion of these activities. -2- PC Minutes 2/12/73 Page three Mr. Fleaqle also stated that the Parks & Recreation Commission held n~i~'~b~r:~vd n~ee~i~o in regard ~ ~]~ proi~o~ed park. Chairman SharE opened the public portion of the hearing at 8:47 p.m. Brent Marchetti, Parks & Recreation Director, outlined the proposed amenities for the park, advising that this was strictly a neighborhoc~ park. As respects the Police Department, the walkways are wide enoug- for the police cars to go through, and provide security for the park. Commissioner Hare stated that this intersection, Red Hill and Bryan, Ks the second worst traffic situation in the City, and there have been num- erous accidents. He felt that with more children going to the park, the situation will be more hazardous. Chairman Sharp closed the public portion of the hearing at 8:53 p.m., for discussion among the Commissioners. Commissioner Larnard questioned as to the comments of the Police Depart- ment, and was advised by Mr. Fleagle that this item has been through every Staff conference every week f~r several months, plus consultants. The Commissioners were quite concerned as to the traffic situation which may evolve, and discussed the possibility of changing the speed zone, a synchronized signal system, etc. Mr. Fleagle stated that a 'signal system was under study at the present time and the roadway would be improved. Commissioner Larnard moved to recommend to Council approval of ZC73-3 by adoption of Resolution No. 1318; and Resolution No. 1319 for Use Per- mit 73-3; seconded by Commissioner Dombrow. MOTION CARRIED: 5-0 Con~issioner Hare moved to direct Staff to'notify Council of their con- 'cern for the safety of this intersection as far as signalization goes; seconded by Commissioner McHarris. MOTION CARRIED: 5-0 2. ZC-73-2 - Herbert Zarember - zone change from PC-R3-(1750) to R-3(1750) the northerly 100' of a 170' parcel, the subject of a prior parcel map division. Location: Site fronts 100' on the west side of Williams Street at the intersection of Alliance, immediately adjacent to Heideman Elementary School, known as 15625 Williams. Mr. Fleagle advised the Commission that previous actions related to this parcel wer~ a zone change from Unclassified to PC-R3(1750) in May of 1970; a parcel map division; and Use Permit 73-2 for incorporating the southerly 70' of total 170' property for development concurrently as a part of the 4.4 acre parcel adjoining. A condition of Use Permit 73-.2 included the submission and approval of a parcel map to include the northeasterly 70'X125' parcel and a zone change action removing the remaining parcel, not a part of this development, from the designatio~ of Planned Community District. This is the action now before the Com mission. Justification for other than the 1750 is based upon the fact that this is a smaller lot, without the potential of the amenities of openness and circulation as provided in larger parcels. The R-3(1750) would allow seven dwelling units on the land area. An R-3(3000) classi- fication would authorize four dwelling units. Staff feels that the units to be ultimately developed if consisting of not more than one bedroom, the designation should be R-3(2000). If they consist of more than one bedroom unit, the density should be limited to R-3(3000), which would then authorize four units on the subject parcel. PC Minutes 2/12/73 Page four The Engineering Department requests compliance with the conditions of Parcel Map 72-58; the construction of the sidewalk; and the street tree~. The adjoining property Go the south, as a condition of Use Permit 73-2, required the owner of the property to install a curb for the total 170' frontage, which included 100' of subject property. The installation of sidewalks at this time would eliminate the necessity of proceeding with the Assessment District for this parcel. Chairman Sharp opened the public portion of the hearing at 9:10 p.m. Herbert Zarember, applicant, stated that it would be a hardship to be ~eq~ired to install the sidewalks and plant street trees. He desired that the orange trees be permitted to remain in the public right-of-way. He also believed that he should be entitled to the same density as the adjoining parcel. Chairman Sharp closed the public portion of the hearing at 9:14 p.m. for dis~u~sio~ among the Commissioners. Commissioner Dombrow asked Chairman Sharp if he would explain what trans- ~i~ed in the prior actions, which he did. Commissioner Larnard moved for approval of ZC-73-2, as amended by the ~omm~ion, by adoption of Resolution No. 1317'; seconded by Commissioner Dombrow. MOTION CARRIED: 5-0 Commissioner Dombrow suggested ~hat the orange trees be saved if possible. 3. UP-73-4 - Jack A. Randall - (Withdrawn) Amendment to Sign Ordinance No. 438, to establish an amortization period for removal of all offsite advertising signs. Mr. Flea~le advised that the City Council has directed the Planning Co~mi~sion to conduct this hearing for the establishment of an amorti- zation period for the removal of all offsite advertising signs, commonly known as billboards. The history of the Zoning and Sign Ordinances show that offsite advertising signs have been prohibited since prior to 1967, and no advertised off-site advertising signs have been authorized, ex- qept directional signs, since adoption of the Sign Ordinance. The right of the City to require the removal of billboards has been es- tablished by precedent and court opinion. Mr. Fleagle cited various cities' actions on this matter. In the history of removal of billboards, a City can require the removal on the basis of general health, safety, and welfare, and policy powers of the City, subject only to the reason- ableness of the City's action. This meeting is to receive testimony and determine the reasonableness of an amortization period for the required removal on non-conforming off- site advertising signs. Staff feels that a three-year period would be more than ample notice to provide for amortization of the vast majority of offsite signs, and that a maximum period of five years would apply to any exceptional circumstances. Commissioner Hare questioned if Commission should act prior the City Council action, and was advised by Mr. Flea~le that the City Council is considering a moratorium on signs w~ile this action is for the purpose of removing signs. Chairman Sharp opened the public portion of the hearing at 9:35 p.m., and seeing or hearing no one for or against the issue, closed the public portion of the hearing at 9:36 p.m., for discussion among thc Commission- ers. -4- PC Minutes 2/12/73 Page five Lt 'i Consensus of opinion of the Commissioners was that this was a logical amendment to the Sign Ordinance. Commissioner Dombrow moved for this amendment, by adoption of Resolu- {~n No. 1320; seconded by Commissioner Larnard. MOTION CARRIED: 5-0 5. UP-73-5 - First Southern Baptist Church and Walker & Lee Realty to divide subject property into two parcels, authoriz~ the development of a realty office on northerly portic.., and church expansion and parking on the southerly por- tion of said property. Location: On the west side of Red Hill, from San Juan southerly +650'. Mr. Fleagle summarized the Staff report; advising that the subject prop- erty was annexed into the City and by subsequent zone change, classified the property in the Planned Community District for the purpose of author- izing new development and/or controlled expansion of existing church site. A condition of the zone change was the submission of precise plans and a use permit for approval of building permits. In October of 1972 a tentative parcel map was submitted and a condition of approval was the submission of precise development plans. The Development Preview Commission reviewed the site plans, and the pro- ject architects have revised the present plans to incorporate the recom- mendations of subject Commission. Engineering Department advised that street improvements will have to be approved by the City and also the County as the corporate limits are partially in Tustin, and partially in the County. The conditions of Parcel Map 72-55 are to b~ enac~4~ ~ this Use Permit is approved. ~ ~ Fire Department comments that an additional fire hydrant will be re- quired. Mr. Fleagl~ requested Commission to review the proposed treatment of the rear property line next to the school to determine if a masonry wall separating this property from the school should be required. Chairman Sharp opened the public portion of the hearing at 9:45 p.m. William Davis, architect, informed the Commission that the development will be done in phases, and showed a rendering of the proposed church. He stated that it will be designed for convertibility, such as office u'ses, a theatre, etc. Public portion of the hearing was closed at 9:58 p.m., for discussion among the Commissioners. The Commission felt that the block wall was not necessary, and that the chain link fence with landscaping would suffice. Commissioner Larnard moved for approval of UP-73-5, by adoption of Reso- lution No. 1316; seconded by Commissioner Hare. MOTION CARRIED: 5-0 e Abandonment of Excess Right-of-way - Planning Commission Initiated. To vacate the parcelb~ng a part of abandoned Yorba and declare subject parcel excess to the City's needs, to allow private devel- opment. Location: A pgrgel westerly of the present alignment of Yorba Street, southerly +~00' of ].7th Street. -5- PC Minutes 2/12/73 Page six Mr. Flyable stated the subject land was acquired by the State of Cali- ~orni~ }qighway Department in conjunction with development of the Newport Freeway and the realignment of Yorba. The City Engineer reports that the City has an interest in the property as public right-of-way. The fee title to this property may be a matter of dispute; however, the City does have an inter'est in the property and as required by Sections 37350 and 65402 of the Government Code, the Commission is required to report to the City Council on the disposition of any excess property. The City Engineer comments that Parcel #3 on the plot plan is a portion of the original alignment of Yorba Street and is still under the City's jurisdiction and street right-of-way. Any recent action by the State to return this property to the Enderle family released only the State's interest and appropriate abandonment proceedings would have to be under- taken by the City. Subject parcel is not adequate nor suitable for public recreation area, and there is no known requirement of the City for this portion of aban- doned Yorba. Staff feels it would seem appropriate, as a result of the disposition of this property for a financial consideration, that the City in turn would commit the funds to the improvement of streets in this area. Chairman Shar~ opened the public portion of the hearing at 10:07 p.m. A1 Enderle, stated he is not sure where the ownership of the property l~s. The title company shows that they have title in fee. Also, the only use for the property would be as a public highway. Public portion of the hearing was closed at 10:12 p.m., for discussion among the Gommissioners. Chairman Sharp questioned the City Attorney as to whether there is some question to the legality of this action. Mr. Rourke commented that in order for the City to sell this interest, they have to show that they don't have any present use for the property. At present, they don't have any prospective use. We shouldn't state that they don't have any use unless the City is compensated for it. He advised the Commission that Mr. Myers, who was the City Engineer, did not feel the City should give any property back, because you never knew when you might have a use for it. The Commissioners agreed with this contention. Commissioner Larnard moved to recommend to the City Council approval of this item, by adoption of Resolution No. 1315; seconded by Commissioner Dombrow. MOTION CARRIED: 5-0 OLD BUSINESS 1. Parcel Map 72-55 (First Southern Baptist Church) Mr. ~leagle informed the Commissioners that the Parcel Map is in basic ~onformance with the Tentative Map that was submitted to the Planning Commission on October 9, 1972. Conditions of approval are as follows: Dedication to th~ City of Tustin of 10' of additional right-of-way on Red }{ill Avenue, plus a corner cut-off to the Master Plan of Arterial Highways. Dedication to the City of Tustin of 3' of additional right-of-way on San Juan Street. -6- PC Minutes 2/12/73 Page seven Submission of street improvement plans and construction of all missing street improvements on both parcels con- ~o~9 uf ~u~b and and street lighting. Said plans shall be submitted to and for the approval of both the Tustin City Engineer and the Orange County Road Department. Commissioner Larnard moved for approval of Parcel Map 72-55; seconded ~y Commissioner Hare. MOTION CARRIED: 5-0 NEW BUSINESS Parcel Map 73-60 - (John J. Mu!len & Associates, Inc., for Robert Dolley). The City Engineer's report suggested that the Commission adopt a minute order approving the Parcel Map, subject to the following conditions: Dedication to the City of Tustin additional right.-of-way for both Red Hill Avenue and Irvine Boulevard plus a corner cut-off per the Master Plan of Arterial Highways. On each parcel as developed, submit street improvemen~ plans for approval of the City Engineer and construct all miss- ing street improvements to include catch basin and lateral, curb and gutter, sidewalk, street trees, street pavement and underground conduit street lighting, all per the Master Plan of Arterial Highways and to the satisfaction of the City Engineer. 3. Annexation of both parcels to the Tustin Lighting District. Installation of underground electrical and telephone sero- vice from the existing supply for each parcel as developed, in preparation for future conversion to an underground utility district. Final approval by the City Engineer and recordation of the map. Commissioner Larnard moved to adopt a minute order approving the Parcel Map, subject to the above five conditions; seconded by Commissioner Hare. MOTION CARRIED: 5-0 2. Environmental Impact Statement - Walnut Village West Trunk Sewer Mr. Fleagle informed the Commissioners that an evaluation of the repor~ indicated that there is no provision in the report to prevent or mitigate against contamination of domestic water supply, the impact of seismic activity, evaluation as related to the location of other underground utility services, the proximity of the water line to the sewer line, the impact upon the Flood Control District servicing the area, the potential of an impact upon recreational activities, the depth of the water table in relationship to water and sewer facilities, alternativ locations, growth inducing impact, or mitigating measures related to adverse potentials. Commissioner Dombrow moved to direct the Staff to respond to the Orange County Flood Control District with copy to the Irvine Ranch Water Dis- trict, indicating those areas of concern to the Commission; seconded by Commissioner McHarris. MOTION CARRIED: 5-0 -7- PC Minutes 2/12/73 Page eight 3. O~range Co~.~.nty Flood Control District r?quest for resolution related ..t_°--P_~°_Re_r~t~_acquisiti°n - Main Street. Mr. Fleagle informed the Commissioners that the Orange County Flood Con- {rol bistrict, by letter dated February 2, 1973, had requested that the Planning Commission adopt a resolution stating that the planned acqui- sition of easement from Main Street to McFadden on the eastern boundary of the City is in conformance with the City's adopted General Plan. Commissioner Hare moved to adopt Resolution No. 1314, substantially as ~6b~£t~,,for transmittal to the Orange County Flood Control District; seconded by Commissioner Dombrow. MOTION CARRIED: 5-0 CORRESPONDENCE 1. County Tract Map No. 7969 Mr. Fleag~e stated that the concerns of the Staff are related to the po= ~ential ~f--a dead-end street serving this tract in perpetuity, and the potential of a conflicting traffic circulation in the event the tract did develop to its projected ultimate. The recommendation of Staff for the development of this tract would be under the same format as proposed for the Andrews tract, north of Beneta Way, thereby avoiding a con- flicting street pattern. Commissioner McHarris moved to auth6rize the Chairman to sign a letter of response to the Orange County Planning Commission, as drafted, stat- ing the concerns of the Staf~ .~n~.~ommission as related to Tract Map No. ~69; seconded by Commissioner'Larnard. MOTION CARRIED: 5-0 2. Joint Council-Commission Workshops Mr. Fleagle advised the Commission that the City Council had received their request for joint workshop sessions and it was the Council's in- tent to meet with the Planning Commission on the first Monday of each quarter at 6:30 p.m. in the Council Chambers. The first scheduled meeting with the Council will be held on April 2, 1973. 3. California Legislature - Open Space Lands A Newsletter from the California Legislature on Open Space Lands was presented to the Commission for their information. 4. Seismic Safety Element Seminar Mr. F~e~gle announced that he and Mr. Rex Waldo, the City Building Offi- CiAl, will be attending this meeting on March 2, 1973 and the Commis- sioners are also invited to attend if they so desire. Se Orange County use Permit No. 3392 - (Newport, north of McFadden) M_r: ~leagle explained that this Use Permit is to authorize a residential care home utilizing existing apartments which will be remodeled for this use and also to permit a 10'3" wide two-way drive to the off-street parking area for this use rather than the 20' wide drive required on a parcel in the C-1 District. A~ter some discussion, the Comm~ssione~ found this driveway to be hazardous because of its lack of width which would create traffic prob- lems. -8- PC Minutes 2/12/73 Page nine Commissioner Larnard moved to direct Staff to reply to the Orange County Zoning Administrator stating the Commission's recommendation that MOTION CARRIED: 5-0 STAFF CONCERNS 1. Departmental Work Schedule Mr. Fleagle presented to the Commissioners, the Staff report that was presented to the City Council on February 12, 1973, cutlining the work schedule for the Planning Department for the next six months. 2. Signs for professional buildings The Commission recommended to Mr. Fleagle that the best solution for Irvine Boulevard is to change the Commercial zoning to Professional. zoning to bring all the signing into conformance. 3. Parking on Fashion Lane Staff reported that the Santiago Bank is in negotiation for additional parking areas and that the problem may soon be resolved. 4. Land Use Element of the General Plan advised the Commission that the Land Use Element of the ral Plan will be advertised publicly for next meeting's agenda. COMMISSION CONCERNS 1. Planning Commission goals Commissioner McHarris suggested that Staff propose a set of goals to bring up at the joint workshop with the City Council in April. Commissioner McHarris had previously submitted a list of goals that he felt might be advantageous for the City. AUDIENCE PARTICIPATION Mr. Fleagle introduced Mr. John Goetten to the Commissioners and in- ~orme~ them that Mr. Goetten is the new consulting engineer for the City of Tustin. ADJOURNMENT Commissioner Larnard moved to adjourn to the next regular meeting, February 26, 1973; seconded by Commissioner Hare. MOTION CARRIED: 5-0 C]U~I}LMAN OF TI{E PLANNING COMMISSION PLANNII,I(; ~C~M~.~,¢~I().~,1 RECORD ING SECRETARY