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HomeMy WebLinkAboutPC Minutes 11-27-72MINUTES OF A REGULAR MEETING OF THE TUSTIN PLANNING COMMISSION DATE. November 27, 1972 TIME: 7:30 p.m. PLACE: Council Chambers, 275 South PRESENT: Sharp, Larnard, Dukleth ABSENT: Edelstein "C" Street INDEX PAGE ROLL CALL APPROVAL OF MINUTES OF REGULAR MEETING OF NOVEMBER 13, 1972 PUBLIC HEARINGS Continued Item Specifi6 Plan - Bicycle Trails New Items OLD NEW ®eeee®eel®l®ele®e®l®lleee®e®®lelel®le'eeeell®el®e 1 UP-72-397 - Planning Commission Initiated .......... 2-3 Proposed Amendment to the Master Plan of Highways Deleting First Street from Newport to Red Hill Avenue .......................................... 3 UP-72-398.- Gladys I. Carson ....................... 3-4 UP-72-399 - Daniel M. Jones, et al ................. 4-5 BUSINESS Final Map of Tract No. 7954 - Newport Shores Builders ........................................ 5-6-7 Final Map of Tract No. 8033 - So. Coast Dev ........ 7 Extension of time - Tentative Tract No. 7721 - International Rectifier ......................... CORRESPONDENCE Tentative BUSINESS PM-72-58 Pending 7 Tra6t Map No. 7979 - So. Coast Dev ....... 7 - Herbert Zarember ........................ 8 Items ...................................... 8 County UP-3366 ..................................... 8-9 STAFF CONCERNS ........................................... 9 COMMISSION CONCERNS ...................................... 9 AUDIENCE PARTICIPATION - none ADJOURNMENT .............................................. 9 and Ways ............ 1 MINUTES OF A RF.C, ULAR MEETING O~' '/I~..~ CITY OF TUSTIN ~.~Z~NII,'G CO¥~4ISSION NOVF..~'.JLR 27, 1972 The regular meeting of the City of Tustin Planning Commission was held on the 27th day of November, 1972, 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 DUkleth. ROLL CALL:, Present: Sharp, Dukleth, Larnard Absent: Edelstein Others James G. Rourke, City Attorney Present: R. Kenneth Fleagle, Assistant City Administrator - Community Development Director Nancy Lawton, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING NOVEMBER 13, 1972 PUBLIC HEARINGS Continued Item 1. Specific Plan - Bicycle Trails and Ways Mr. Fleaqle advised that this item was continued from the September. 25, and Octobe~ 24th meetings, to allow Staff time to receive and analyze information on similar plans from other cities. Bicycle Pla~ from the cities of Palo Alto and Davis have been received and these cities have had more experience with bicycle plans than any other cities in Califor- nia. Both of these towns are university towns with a high degree of bicyclists. Tustin area bicycle use at this point primarily has been of a recreational nature. He also noted that the bicycle way was pri- marily used for cross-town movement and the local streets are ineffec- tive as a designated bicycle route. It is suggested that the plan be approved as a plan without implemen- tation until such time as the City Council allocated the funds necessary for implementation of the system and at such time as there was public demand for the use of bicycle plans as such. Another factor involved in this is that in some instances a bicycle way cannot be developed for lack of adequate street right-of-way dedications, especially where a street goes in and out of the city. It would be im- practical to try to install a bicycle plan on a portion of the street. Another thought would be to initiate the bicycle ways as a recreational use on Sundays only when this is a feasible time to eliminate parking. This could be on a trial basis. Mr. Fleagle related a report from the Traffic Engineer relative to on- street parking on Red Hill Avenue, Irvine Blvd., etc., along with the costs involved in instituting bicycle lanes. Chairman Sharp opened the public portion of the hearing at 7:38 p.m., and seeing or hearing no one, closed the public portion of the hearing at 7:39 p.m. for discussion among the Commissioners. Commissioner Larnard. asked if there was enough room on the proposed streets to allow for both a bike trail and parking, perhaps with a re- duced width in the bike lane. Mr. ~lea~le stated that there were few instances where you could reduc~ the traffic lane sufficiently to add another lane for bicycles on an existing street. Commissioner Larnard moved for adoption of a resolution to be drafted, which would be Resolution No. 1304, to include above discussion, and delete the section of bike plan on Newport Avenue; seconded by Commis- sioner Dukleth. MOTION CARRIED: 3-0 PC Minutes 11/27/72 Page two New Items UP-72-397 - Planning Commission Initiated - to permit administrative offices, a laboratory, and coroner's activities for the Orange County Coroner, and in an existing structure located in the Planned Industrial District. Location: Site fronts approximately 120' on the west side of "B" Street, and is located adjacent to the Santa Ana Free' y. Mr. Fleag~e summarized staff report, advising that proposed in this facility is 7200 square feet of the structure, some 30 employees, 2000 square feet of the facility will be utilized as a laboratory and autopsy examination area. Onsite parking will be provided for the employees and for the public. Commissioner Larnard indicated at this point that he will abstain from this public h~aring and also from the voting. In response to questioning by Commissioner Dukleth, Mr. Fleagle described the uses surrounding this proposed facility, st~tfng-that correspondence has not been received from any of the adjoining owners. Bill Moses, owner and publisher of the Tustin News, advised that his mother and Arthur C. Moses own the property where the "News" is located. He felt that the County Morgue would not be a vital input to the Planned Manufacturing zone, and that it would cause quite a traffic problem. Arthur Peterson, who is the owner of the property across the street, along with Louis Hanson, stated that he does not feel that this use would be compatible with the existing facilities in that area. Eugene Miller, Chief Deputy Coroner, commented that as far as the tra~ ~ic situatio~ is concerned, there would be very little. He felt that this location is an ideal one, and that it is convenient to the freewax, and close to downtown Santa Ana. In response to a question from Commissioner SharE as respect to perhaps locating at the Orange County Medical Center, Mr. Miller stated that this would be a good location, but that the Medical Center does not have any room for expansion, and right now is having trouble finding room for their own needs. Mr. Pe~erson felt that this was not convenient to the freeways seeing as how "B" Street dead-ends, and to get from the freeways you would have to come through quite a bit of the City. He also couldn't see where all the parking facilities were going to be, as there wasn't much room~ Bill Moses felt that there was enough traffic now going down "B" Street, especially seeing as how it dead-ends. ~ugene Miller informed the Commission that Mr. Foster, owner of the property, intends on putting in 50 parking spaces on the property which is vacant adjacent to the building. Commissioner Dukleth questioned Mr. Fleagle about the number of parking spaces, with Mr. Fleagle advising that, according to the plans, 21 pa~' ing spaces were proposed. Eugene Miller explained that they are a three shift operation, and that there would not be more than perhaps 17 parking spaces needed for em- ployees at one time. Commissioner Sharp closed the public portion of the hearing at 8:20 p.m. Commissioner Sharp advised that he, too, did not feel this was a com- patible use. PC Minutes 11/27/72 Page three Commissi~z~Dukleth moved for ~enial of UP-72-397, by a~option of Reso- lution No. 1301, with the basis of denial being: Incompatibility of the proposed use with surrounding uses in the area; and The adverse impact of traffic dislocation without conven- ieDt freeway access. This motion was seconded by Chairman SharR. MOTION CARRIED: 2-0 Proposed Amendment to the Master Plan of Highways and Circulation Element of the General Plan deleting First Street from Newport to Red Hill Avenue. Mr. Flea__a~ advised that this matter was initiated by the City Council which would amend First Street at this location from the classification of a secondary arterial to the classification of a local street. This has been referred to the County Road Commissioner, and he takes no exception to this deletion. Chairman Sharp opened the public portion of the hearing at 8:31 p.m. Mike Messina of Lucky's Markets asked whether this deletion precludes t-he closing of the access to First Street, and was advised by Mr. Fleagle that the City Council has no intention of closing First Street. Mr. Messina also commented that he objected to making First Street a dead-end. Sal Delgad~, 13351 White Sands Drive, spokesman for a majority of the ~esidents on First Street presented data he had compiled and a copy of the County Plan of Arterial Highways. He stated that there were approximately 110 homes in the general area. When he first moved to the area, there were approximately 700-800 cars per day traveling First Street between Newport and Red Hill, and that now there were about 7,000 per day. His group is in favor of this amendment. _Grady Henr~, President of the Chamber of Commerce, would like to go on record as ag~nst the closing of First Street. He stated that there is "fog in the cockpit" somewhere, and that he can't see any reason for deleting this unless you put in dividers. Joan Lister, 1351 E. First Street, stated that with the deleting of First Street, there possible will not be any more double trailers run- ning up and down First Street, nor the many buses and trucks. Charles Martel, Coral Reef Road, stated that once this amendment has be~n accomplished, if it is, the City Council should take further steps to make this a residential street. Chairman Shar~ closed the public portion of the hearing at 8:47 p.m. for diSCUSsion among the Commissioners. Commissioner Dukleth asked if the purpose of this amendment was to make additional controls, and was advised by Mr. Fleagle that taking this off the Master Plan of Arterial Highways would give the City exclusive con- trol within the guidelines of State Law. As long as it is in the County, they have a voice in its maintenance, design, use, and funding. Commissioner Larnard moved for adoption of Resolution No. 1305; seconded by Commissioner Dukleth. MOTION CARRIED: 3-0 UP-72-39~ - Giadys 1. Carson (Sports for ~'un, Inc.) - to permit a table tennis recreation facility, including retail sales of allied equipment, in an existing commercial structure. Location: Site is located at the southeast corner of E1 Camino R~i and Third Street, with frontages of approximately 163' on E1 Camino Real and 140' on Third Street. PC Minutes 11/27/'72 Page four Mr. Fleagle summarized the Staff report advising that this use would be an ~xce]len~ oD~ ~r ~he p~p~y: ~ ~.,o,,]~ ~lp augment the vari~ recreational needs of the community. He stated that the Development Preview Commission recommended that if this is approved, a condition be that they have review and approval of the building exterior modifica- tions and the installation of desired landscaping. Bonding could be required in lieu of installing public and landscape improvements at this time. Mr. Dukleth questioned as to whether the gas p~mps that are presentl~ on the property could remain there. Mr. Fleaqle stated that it is a mandatory requirement that the pumps be removed, and the tanks be secured by removal or with filling them with approved materials. He also advised that there had been no com- ments from the Police Department after questioning from Mr. Sharp. Commissioner Shar~ opened the public portion of the hearing at 8:57 p.m. Harvey Hammerslag, who will be the general manager of the Sports for Fun, Inc., stated that the conditions made will make it detrimental to their opening, and feels they are unreasonable. Mike Pomar, Pomar Realty on Newport Avenue, advised that Mrs. Carson has had thls property vacant for several months, and has stopped many busi- nesses from going in there, such as feed and grain stores, etc. He felt that some relief should be given as respects curb and gutters, and the block wall fence around the facility. Lou Gerd~g, adjacent property owner, felt that this operation would be good for this location, as it is quiet and clean, and suggests some adjustments be made. Gladys-I. Carson, owner of the property, c9m_r, entoa that aa the sole support of the property, it has been costing her an awful lot of mone for a vacant building. She agrees to one driveway being closed on E1 Camino Real, but cannot see why driveway on Third Street should be made smaller. For the block wall and planter and curbs, it would cost approximately $3600. Commissioner Larnard moved for approval, by adoption of Resolution No. 1302, with bonding in lieu of improvements, and the making of the tanks safe as required by the Fire Code; seconded by Commissioner Dukleth. MOTION CARRIED: 3-0 UP-72-399 - Daniel M. Jones, et al. (Pedicini-Bell) - to permit a neighborhood shopping center with bank, supermarket, restaurant, and shops to be in substantial conformance with the previously adopted master plan of development for the area in question. Location: Site is located at the southwest corner of 17th Street and Prospect Avenue, with frontages of 496' on Prospect Avenue and 554' on 17th Street. Mr. Flea91~ advised the Commission that they are well familiar with t~{s property. It was initially required to be developed in total, in acc d- ance with one master plan. The master plan was amended to permit the development of separate ownerships of property as long as they were con. sistent.with their master plan for total development. This proposal is in conformance with that master concept plan, and if approved as pre- sented, it should be subject to further review and approval of the driveways and interior circulation. The precise development plans would be approved by the Development Preview Commission and Staff pertaining to perimeter landscaping on all sides of the development, approval of building elevations, interior lighting, traffic circulation and parking, interior landscaping and design, and precise location of buildings with the privilege of relocation of the restaurant building to allo~ for £iood control channel clearance. -4- PC Minutes 11/27/72 Page five Chairman Sharp opened the pubiic portion of the hearing at 9:21 p.m. R_ub_y Remme, Arbolado Way, questioned what would happen to the fences of the residences when the block wall was installed. Would it be the cost of the residents, or the cost of the developer? Mr. Flea~le responded that if the block wall goes on property line, the developer would remove the fence. F~r. Bell, the developer, desired some clarification on a couple of The items contained in the City Engineer's report. He stated that they would work and cooperate with the property owners as respects the fence. Chairman Sharp_closed the public portion of the hearing at 9:33 p.m. Mrs. Remme asked if there would be anY problem with the drainage, and was advised by Mr. Fleagle that there will be a provision against any service draining onto their property. At the request of Commissioner Sharp, Mr. Fleagle explained the ensuing procedures to the audience, as related to the Development Preview Com- mission and Staff review. Commissioner Larnard moved for adoption of Resolution No. 1303 as out- Iined by Staff, with emphasis on discretion of the Development Preview Commission relative to design of perimeter walls, and landscaping; seconded by Commissioner Dukleth. MOTION CARRIED: 3-0 OLD BUSINESS Final Map of Tract No. 7954 - Newport Shores Builders (Frank H. Ayres and Son Construction Company) Location: Easterly of Tustin Meadows and southerly of Walnut Avenue. Mr. Fleagle advised the Commission that this is not a public hearing, ~s it had been continued from an adjourned regular meeting of November 20th.. It was adjourned at that time on the basis that the City Attor- ney had not as yet approved the necessary agreements. Mr. Rourke, City Attorney, advised the Commission that a letter had been received that night from the developer, Frank H. Ayres & Son Construc- tion Co., addressed to the Commission which stated: "Communications from the City Staff indicate that a condition of approval for the above referenced maps will be that the City of Tustin be the agency respon- sible for the distribution of domestic water. We the developers of the tract are willing to accept that condition of approval. In accept- ing this condition, it is our understanding since the City of Tustin is not now actively involved as a water purveyor and since the Irvine Ranch Water District currently has the responsibility to provide water service within the tract, the City intends to cause water service to be provided to the tract". The "referenced maps" in the subject letter refer to Final Map of Tract No. 7954, Final Map of Tract No. 8033, and Tentative Map of Tract 7979. Mr. Rourke stated that the document originally said "City agrees" to cause water service to be provided to the tracts and he explained to Mr. Ayres that the City Planning Commission is not an authorized body to make any agreement about the City providing water service or anything else. Mr. Ayres then changed the letter as he read it, to say "intends to cause water service", and it is on that basis that Staff is recommend-- ing the adoption o£ ~ ~s~iu~iu~. -5- PC Minutes 11/27/72 Page six He stated, that as the Commission recalls, one of the problems with this trau~ w~s th~ m~ter os ~ne provision ~or dumest~c water service and providing the looped system which as of the present moment in time, neither the developer nor the Irvine Ranch Water District had been able to work out to the satisfaction of the City. It's for that reason that this change is being requested as I would understand it. Mr. Rourke now read a letter from the Irvine Company, signed by Execu- tive Vice-President Raymond L. Wats'on, which stated basically the sar thing as the letter from Ayres, except where it states "developer of the tracf'in Ayres letter, Irvine Company's letter says "owner of the land". Irvine Company also uses the term "City agrees to cause water service to be provided to the tracts". Mr. Rourke stated that he had not had any discussions with Mr. Watson or any other representatives of the Irvine Company on that point. He feels that if the developer and owner of the land are going to request, or go along with, the approval of these maps with the provision and condition that water will be pro- vided by the City of Tustin or its duly authorized agent as was set forth in the resolution, it should be expressed by them that they under- stand that the City is not agreeing to cause%ater service to be provided. That such an agreement as that could only be made by the City Council, and if there is some misunderstanding about that provision, it should be understood by all of us right now. Commissioner Sharp stated that as some of the correspondence reads "in- tend" and others use the term "agrees", and as Mr. Rourke advised the Commission they were not empowered to make any agreement, he asked Mr. Rourke if a discussion should be held with the Irvine Company and the developers. Mr. Rourke stated that this would be appropriate. Mr. Rourke thought that Mr. Ayres, has on behalf of the developer, clari- fied that they're not making their concurrence in the condition concern- ing water contingent upon some agreement of the City, which doesn't, this point, exist. He stated that that is Dot, however, the case in c letter of Mr. Watson, and thinks that we should know whether they con~r with the condition or not. Because there is not any agreement at this point that the City will provide water service. Raymond Watson, Executive Vice-President of the Irvine Company, advised t--hat he would like some clarification of the words "intends" and "agrees" He understood that the Planning Commission has no authority to really. guarantee anything with regard to this, and the purpose of the letter was not to ask the Planning Commission anything in this regard. They are asking the City to do this. He asked if the next step would be to refer this to the City Council? And then would the appropriate action be the Council concurring or not concurring with this condition? He stated that here it places a condition.that the City be the purveyor of the water to this tract as a condition of approval. Did he understand this correctly? Mr. Rourke stated "not exactly". He advised that the approval of the zoning of the neighborhood plan provided that a looped water system would be installed, and that as of this time, that apparently is not something that is being proposed to be installed. It is something that is still, as he understands it, being tried to be worked out by the Irvine Company and Irvine Ranch Water District and others. As an alternative, we are not in a position to approve the final map relative to this problem al the looped water system. The developer has stated, therefore, that tl would prefer to have water served by the City of Tustin, which can pr._ vide this looped water system, and that is what'he understands to be the intent set forth in their letter; that they're requesting that the City provide the water, the domestic water service. Mr. Watson had no objection to the ~osition that the City intends to pro- ~ide water to the tract, and that it would be a determination made by the City Council instead, Mr. Ro~rke reiterated that the _~ta~.c,~.::~nt in Mr. Watson's let~:er that says ~that the Ci~ a~rees to cause ~.,~te~ ":.~rvice to be provided in the tract~.~': is si~,:~)ly not a fact at tk~..~ point, l~may become a ~act, but he wants ~o!~ere uo !e no misur.derstand.~.ng~ in that he does not have the power PC Minutes 11/27/72 Page seven nor does the Planning Commission, to contract such agreements. H~ does not want there to be any implication that there has been some agreement, when there has been none. ~ Commissioner Larnard moved for approval of Resolution No. 129~ as read in full by Mr. Fleagle, to the City Council; seconded by Commissioner Dukletho MOTION CARRIED: 3-0 Final Map of Tract No. 8033 - South Coast Development Location: Bounded by the A.T.&S.F. Venta Spur tracks; the easterly extension of Walnut Avenue, proposed Cherrywood Lane and a line approximately 1350 feet northerly of Walnut Ave. Mr. Flea~le advised the Commission that this item would follow the same concerns as expressed with the previous item, and therefore, Resolution NO. 1300 is p~esented. Chairman Shar~ requested an explanation of the difference between South Coast Development and a letter that was received from U. S. Development, and was advised by Mr. Fleagle that South Coast has been incorporated within the parent company of U. S. Development. Commissioner Larnard moved for approval to the City Council of Resolution No. 1300, with the comments and discussion from previous item included in this action; seconded by Commissioner Dukleth. MOTION CARRIED: 3-0 Extension of time - Tentative Tract No. 7721 - International Recti- fier Location: Westerly side of Red Hill Avenue between Valencia Ave- nue and Bell Avenue In a memorandum to the Planning Commission, the City Engineer stated that International Rectifier Corporation has requested an 18 month extension for the filing of their final map on their property located on the wes- terly side of Red }{ill Avenue, between Valencia and Bell. Commissioner Larnard moved to recommend to the City Council an 18 month extension of time be granted on Tentative Tract 7721; seconded by Commis- sioner Dukleth. MOTION CARRIED: 3-0 Chairman Sharp called for a recess at 10:15 p.m., with the meeting re- convening at 10:25 p.m. 4. Tentative Tract Map No. 7979 - South Coast Development (Laurelwood) Location: S/E corner of Browning and Santa Ana Freeway Commission Larnard questioned as to this being included in with item numbers one and two, including the action, and was advised that this was so by Mr. Fleagle. Mr. Fleagle stated that a resolution had not been drawn up yet by the ~ity Engineer, but would be drawn up and presented to the Commission at the next regular meeting for adoption. Commissioner Larnard moved to have the resolution drafted and presented at the next regular meeting for adoption; seconded by Commissioner Dukletk. MOTION CARRIED: 3-0 -7- I PC Minutes 11/27/72 Page eight NEW BUSINESS i. ~;.i-,2 _,o - Her;JezL gazember Location: West side of Williams Street at Alliance Avenue Mr. Fleagle summarized the staff report of the City Engineer advising that the reason for ~his Parcel Map is to create two parcels, in order to permit the sale of Parcel #2. He stated that in his report to the City Engineer the property was zc from an Unclassified to PC (R-3-1750). The total property is now occu- pied by two dwelling units. The preferable way to develop the entire property would be in conjunc- tion with the vacant parcel adjacent to the south now being sold by Acacia Development, and that the next desirable way to develop the prop- erty would be to combine Parcel #2 with the vacant Acacia property. The least desirable is to create two separate parcels, as the division of this property,' although it would work to a financial advantage and' would avoid hardship to the property owner, would in effect destroy the intent of the Planned Community District zoning, which was a concession made to this particular property and the property adjacent to it in order to get the highest quality of development to the benefit of the total community. Mr. Zarember, owner of the property, advised the Commission that he has offered to sell the property to Acacia and they have no interest in his property. He is in a position where he must dispose of a portion of his property or lose all of it. He is asking for the same rights as the other R-3 property. Commissioner Larnard recalled the discussion relative to the zone change for this property from Unclassified to PC-R-3(1750) and the implied interest of the Commission at that time. Chairman Sharp stated that he was not a member of the Commission at the time of the z~ne change, but felt that the division of the property would put the new owner in a precarious position if he could not in- dependently develop his portion of the total lot. Commissioner Larnard moved, seconded by Chairman Sharp, that PM72-58 be continued to the next regular meeting of the Commission, and Staff be directed to furnish the Commission with information pertinent to the zone change action. MOTION CARRIED: 3-0 P_endin~ Item~ Variances for Santiago Bank, United California Bank, and First National Bank of Orange County; UP-72-400, Jojo's Restaurant; UP-72-401 - E. Dory. CORRESPONDENCE 1. County UP-3366 Location: Northwesterly side of Newport Avenue approximately 250' southwesterly of Vanderlip Avenue, in th'e North Tustin area. Mr. Fleaqle stated that the County Zoning Administrator has scheduled a public hearing on December 14, 1972 on the application of Edgwood School for the modification of their plot plan. The proposed change would auth¢: ize the additbn of a 30'X27' classroom to the rear of the existing struc- ture and conversion of a parking area to a playground area. Adequate parking spaces remain to meet th~ requirements-of both City and County Ordinances. -8- PC Minutes 11/27/72 Page nine Commissioner Larnard moved for a letter to be sent to the County ex- pressing no objection to this proposal; seconded by Commissioner Dukleth. MOTION CARRIEDi 3-0 STAFF CONCERNS Mr. Fleagle announced of two meetings of the Southern California Plan- ning Congre--ss. Also, that the workshop session on Land Use Element will be continued until the next regular meeting. COMMISSION CONCERNS It was moved by Commissioner Larnard; seconded by Commissioner Dukleth, that a Resolution of Commendation and Appreciation be prepared with all the Commissioner's signatures, commending Pat Brown. MOTION CARRIED: 3-0 AUDIENCE PARTICIPATION - none ADJOURNMENT Commissioner Larnard moved for adjournment at 11:15 p.m., seconded by Commissioner Dukleth. CHAIRMAN OF THE PLANNING COM~4ISSION P.LANNING C~MMI~SION RECORDING SECRETARY -9-