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HomeMy WebLinkAboutPC Minutes 10-09-72MINUTES OF A REGULAR MEETING OF THE TUSTIN PLANNING COMMISSION DATE: October 9, 1972 TiME: 7 ~ ~ PIJ~CE: Council Chambers, .275 South "C" Street PRESENT: Curtis, Sharp, Larnard, Dukleth ABSENT: Edelstein INDEX PAGE ROLL CALL .................................................. 1 APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 25, 1972 ......................... 1 PUBLIC HEARINGS UP-72-394 - UP-72-393 - UP-72-395 - Amendment to respects OLD BUSINESS - none NEW BUSINESS Assistance League of Tustin ............... 1-2 Clyde E. Stockdale, et al ................. 2-3-4 First Christian Church of Tustin .......... 4-5 Section 4.2 of Ordinance No. 157 as Day Care Homes-Children ................... 5-6 PM-72-55 - First Southern Baptist Church .............. 6-7 Environmental Impact Statement - First Street, Newport Freeway to Prospect ....................... 7 Pending Items .......................................... 7 CORRESPONDENCE Letter from Orange County Action Committee for the Physically Handicapped ........................ 7 STAFF CONCERNS ............................................. 8 COMMISSION CONCERNS - none AUDIENCE PARTICIPATION - none ADJOURNMENT ................................................ 8 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION OCTOBER 9, 1972 The regular meeting of the City of Tustin Planning Commission was held on the 9th day of October, 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 Dukleth. The Invocation was given by Chairman Curtis. ROLL CALL: Present: Absent: Others Present: Curtis, Dukleth, Larnard, Sharp. Edelstein. James G. Rourke, City Attorney R. Kenneth Fleagle, Assistant City Administrator- Community Development Director Pat Brown, Assistant Planning Director Nancy Lawton, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING SEPTemBER 25, 1972 PUBLIC HEARINGS UP-72-394 - Assistance League of Tustin - to permit the retail sale of used goods in a commercially zoned district. Location: Site has a frontage of approximately 47.5' on the south side of Second Street, is located approximately 130' westerly of the centerline of Prospect Avenue, and is further identified as. ]..60 E.. Socond. Street.. Mr. Fleagle advised that the property in question is presently zoned C-2-P, although it is located within the perimeters of the E1 Camino Real Specific Plan District. The applicants are proposing to move from their present location on Main Street, and have been in operation at that location since 1969, although no previous Use Permit had been granted for the existing facility. They intend to use the existing building for the sale of used items of cloth- ing, etc. The Assistance League is a philanthropic organization and all profits are utilized for various charitable purposes. Staff has been advised that the applicants have purchased the vacant lot lying easterly of subject property, and located at the intersection of Second Street and Prospect Avenue. They ultimately plan to expand their facilities structurally onto this vacant lot, and will provide at that time ample parking for the total facility. This Use Permit, however, applies to both properties. Staff feels that the proposed use of this structure and property would be an excellent one, based on the past history of the Assistance League at its present location and that it is a quiet and worthy one and is in accord with applicable specific and general plans of the City of Tustin. Mr. Fleagle stated that the Development Preview Commission gave prelimin- ary review to this item at their September 27, 1972 meeting, and they recommended that if the request is approved, the applicants upgrade the existing landscaping in the parkway and at the front of the structure. Any further action on their part would be contingent upon the development of the vacant parcel for further expansion of this use at some time in the future. Signing on the existing structure will be relocated to the new structure. Mr. Flea~l.e also advised the Commission that he had been informed that t~h'e ventilating equipment on the roof of the building is exposed, there- fore, should be screened from view. PC Minutes 10/9/72 Page two Chairman Curtis opened the public portion of the hearing at 7:37 p.m. Robert Hippe, 2127 N. Main Street, Santa Ana, architect for the Assistance League, informed the Commission that the applicants are presently revit- alizing the landscaping and would be most happy to take care of screen- ing the air-conditioning equipment. John Jamieson, 445 E1 Camino Real, stated that he was very sorry to see the Assistance League moving, as they were such nice neighbors, but ad. vised that they would be an asset to anyone's building. Mr. Rourke arrived at this point of the meeting. Public portion of the hearing was closed at 7:39 p.m. for discussion among the Commissioners. Commissioner Larnard moved for approval of UP-72-394, by adoption of Resolution No. 1291, subject to the conditions outlined in the Resolu- tion; seconded by Commissioner Sharp. MOTION CARRIED: 4-0 e UP-72-393 - Clyde E. Stockdale, et al. - to permit .the temporary use of two mobile home classrooms for a one year period for Tustin's Kiddie Kollege. Location: Site has a frontage of approximately 150' on the west side of Yorba Avenue, and is located approximately 200' south of the centerline of Irvine Boulevard. Mr. Brown advised the Commission that this facility has been in operation at the same location for several years dating back to the time the prop- erty was still in the County. In 1962, the County granted a conditior~l permit for the original nursery school use. After the property had been annexed to the City in November, 1964, Variance 64-152 was granted by the Planning Commission to permit a nur- sery school in the E-4 zone on this property, with one of the conditions of approval b~g that block walls be constructed on the north and south property line, which was accomplished. This variance request was filed and granted on the basis that the property at that time was zoned E-4, which district did not permit either by right or by use permit nursery schools of this type. A maximum of 48 students was agreed upon at that time. In April, 1968, Variance 68-208 was granted by the Planning Commission. This variance request was to permit the enlargement of the nursery school to approximately 157 students; and, to accommodate these additional stu- dents, to permit the construction of a new 3500 sauare foot school struc- ture towards the rear of the existing facility. Conditions of this approval were: A minimum of 10 offstreet parking stalls with'20 loading spaces on the paved circular driveway. That the applicant agree and bond, to the approval of the City Engineer and City Attorney, to dedicate and install street improvements. Plans, including landscaping, be approved by the Architectura.. Committee. 4. A parcel map be filed for division of land. Se A masonry wall 6' high be installed around the subject property, except within 20' of the ultimate public right-of-way. That the driveway at the westerly turn be widened to a width satisfactory to the Fire Department. -2- PC Minutes ].0/9/72 Page three To date, only conditions 2, 3 and 6 have been accomplished by the appli- cants and the proposed new structure was never constructed. The number of students presently utilizing the school facilities at one time is 70. The State Social Welfare Department of Orange County has advised that the present limitation by State laws on the number of students in the existing 'facility is 55. This spring, the proprietors of the school attempted to increase this number to 75; however, the Fire Department denied this request on the basis of area limitations per student as established by the State Fire Marshal's Office and the Social Welfare Department. This denial undoubtedly prompted the filing of this Use Permit for the temporary mobile classrooms. Subsequent to 1968, when the last variance was granted, the property was rezoned from E-4 to R-3. This present application, is now the proper legal vehicle, since unlike the E-4 District, the R-3 District permits nursery schools where a Use Permit has been granted for such purposes. Staff initially had no objection to this request ~r the temporary use for the mobile classrooms, as they would be located to the rear of the existing facility and would be unobstrusive to the general public. How- ever, the total history of this facility, and certain present actions on the part of the applicants, warrants a serious reconsideration of this proposal: 1. Boundaries of nursery school have never been delineated. e Several of the conditions in both 1964 and 1968 actions have not been accomplished, e.g., filing of parcel map, completion of the block wall on north and west limits of the school site, and the providing of adequate parking accommodations. 3. Street improvements without permit. Mr. Brown stated that as a result of the factors discuss~l_ak~ue~, this Use Permit should be denied. However, an alternate action would be to approve this request, subject to the following conditions: The filing of aKw Use Permit which would cover the entire school proposal, with a plot plan showing boundaries of the property, existing and proposed structures, parking areas, driveways and landscaping. e The filing of a parcel map delineating the ultimate perimeters and boundaries of the nursery school property. ® Th~ posting of a bond to cover the ultimate construction of the masonry wall and any landscaping or parking area required by the Development Preview Commission and the street improvements. 4. The submission of a master concept plan to the Development Pre- view Commission for their review and approval. ~r. Brown informed the Commission that a letter had been received from the applicants in which they advise that they are taking immediate steps to do the following: widen Yorba Street in front of school property; ask for a lot split dividing school and convalescent hospital; and, will apply for an up-to-date Use Permit for the school. Chairman Curtis opened the public portion of the hearing at 7:51 p.m. Clyde Stockdale, 131 Itall Circle, advised that the school found themselves in a tight squeeze at the first of the school year as far as the amount of students applying, and needed extra accommodations for them. L. B. "Bill" Lewis, 170 Preble Drive, one of the applicants, commented that at this time there is a financial situation involved, and that if the school did all o~ the things suggested by the City, it would cost approximately $7,000 to $9,000. Public portion of the hearing was closed at 8:03 p.m. for discussion among the Commissioners. -3- PC Minutes 10/9/72 Page four Commissioner Dukleth felt there was quite a few discrepancies, and wa~ c~c~ud ablaut ~h~ ia~k ~£ ~uui m~ ~d would like ~ ~e mor~ details as respects the total proposal. Mr. Stockdale questioned if the wall had to be built on all sides, as if it were put on the north side, several trees would have to be re- moved, and he felt this should not be done. He also stated that the trailers were going to be on the convalescent hospital property. Mr. Rourke questioned the applicants as respects a statement they made about the school leasing the property from the convalescent hospital, and was informed that the City National Bank of Beverly Hills has a Trust Deed on the hospital property and the vacant parcel, with the owners of the property being Mr. Stockdale, Mr. Lewis and Mr. C. H. Smith. Seeing as how this is the case, there would be no lease, per se, involved. Mr. Lewis presented a letter to Mr. Fleagle from Hall & Foreman which stated that a parcel map was in the process of being made and would be available as soon as possible. Commissioner Larnard moved for approval of Temporary Use Permit UP-72-393, subject to the following four conditions prior to the occupancy of the mobile home classrooms; seconded by Commissioner Sharp: Filing of a new Use Permit for the total property, along with ultimate design plans, which can be of a conceptual nature. 2. The filing of a parcel map. 3. Posting a bond for the remainingw~lls and street improvements, etc. Submission of a master concept plan to the Development Preview Commission for their review and approval. MOTION CARRIED: 4-0 UP-72-395 - First Christian Church of Tustin - to permit the devel- opment of a church and allied classrooms. Location: Site has a frontage of approximately 310' on the southwest side of Irvine Boulevard and is located approximately 350' northwesterly of the centerline of Red Hill Avenue. Mr. Fleagle advised that the property in question was recently approved for rezoning from the R-1 District to the P&I District, with recommenda- tion of the Planning Commission of approval at their September 11, 1972 meeting and the introduction of the ordinance by the City Council at their October 2, 1972 meeting. The applicants are proposing a three phase development of a single story, Spanish style church facility. This phased development would occur over several years with phase 1 accommodating 140 people; phase 2 accommodat- ing 250 people; and, phase 3 having facilities for 650 people. Parking for the church members would also be in phases with phase 3 requiring the joint usage of parking expected to be developed on a professional office facility located adjacent and southeasterly of the church site. Staff feels that this use is an appropriate and desirable one for the land in question and for the surrounding area. The Development Preview Commission, in giving preliminary review to this proposal, felt that the initial plans as presented required additional study in two areas: the rather close proximity of the main structure to adjacent single-family developments to the northwest; and, a better clari- fication of exactly what would take place on the site with each phase of development. They recommended the following: -4- PC Mi]lutes 10/9/72 Page five 1. A reaffirmation of their initial concern relative to the site location of the church structure; and, ® k further concern about the large, joint, central parking area proposed between the church building and the proposed office buildings to the southeast. The DPC concurs that this use is appropriate to the site, but desires that the precise location of the church structure, design, parking lot layout, and traffic circulation be reserved to their review and approval. Mr. Fleagle made a suggestion that if the parking area was to be exposed t--o any vast amount that they put in a sub-soil base, space pads and landscape it, so that it would be more or less a green area when not being used as a parking lot. Chairman Curtis opened the public portion of the hearing at 8:39 p.m. Jo~n Jamieson, 445 E1 Camino Real, architect for the First Christian ~hurch, stated that the development of the parking area is also going to be in phases, and after thorough research they feel that the total development will accommodate the church with little left over for the use of the professional facility. Public portion of the hearing was closed at 8:43 p.m. for discussion among the Commissioners. Commissioner Larnard moved for approval of Resolution No. 1293 approv- ing UP-72-395; seconded by Commissioner Sharp. The approval of the Use Permit is not implied to approve the plot plan and diagrams as sub- mitted and specific authority is granted to the DPC to approve precise location and design plans. Conditions of approval include the following: That the three phase development of this facility shall be accomplished in accordance with a master plan to be re- viewed and approved by the Development Preview Commission. That at the time Phase III is completed, a mutual parking agreement approved by the City Attorney, with the property adjacent, to the southeast,shall be filed and recorded with the city. MOTION CARRIED: 4-0 Amendment to Section 4.2 (the R-1 District) of Ordinance No. 157, the Zoning Ordinance, as amended - to add as a permitted use in the R-1 District "Day Care Homes-Children". Mr. Fleagle stated that on July 19, 1971, the City Council adopted Ordin- ance No. 511 which amended the definition section of the Zoning Ordinance, Ordinance No. 157 which defined a Day Care Home as: r "Day Care Homes-Child en - family dwelling unit, non-institutional in character, properly licensed by the Orange County Welfare De- partment, which provides day care only, with or without compensa- tion for: so Not more than five (5) children including the family day care mother's own children, when the age range is infancy through 6; and, Not more than six (6) children when the age range is There was an implied assumption, that day care homes for children would be permitted in residential district. Therefore, the City Attorney has recommended the present ~endment to the Zoning Ordinance for consis- tency, since the Zoning Ordinance is permissive in nature by specifying uses that are permitted in each district. -5- PC Minutes 10/9/72 Page six In certain City of Tustin residential districts, there is a cumulative in the R-2, R-3 and Planned Development Districts. As a consequence, the subject amendment, which specifies the R-1 District only, actually would provide the same permitted use in those Districts enumerative above. These cumulative provisions do not, however, apply to the E-4 or R-4 residential districts, therefore, "Day Care Itomes-Children" would not be permitted in those two districts. Chairman Curtis opened the public portion of the hearing at 8:57 p.m., and seeing or hearing no one for or against the issue, closed the public portion of the hearing at 8:58 p.m. Commissioner Shard moved for approval by adoption of Resolution No. 1294; seconded by Commissioner Dukleth. MOTION CARRIED: 4-0 OLD BUSINESS - none NEW BUSINESS 1. PM-72-55 - First Southern Baptist Church of Tustin . Location: Southwesterly corner of San Juan Street and Red Hill Ave. Mr. Brown advised that the applicants are requesting to create two par- cels in order to facilitate the sale and development of Parcel No. 1. This property was the subject of Commission initiated Zone Change 70-209 which rezoned Parcel 1 from the Unclassified District to PC-C-1 (Planned Community Retail Commercial) District and Parcel 2 from the Unclassified District to PC-C-2 (Planned Community Central Commercial) District in June of 1970. The parcels being created by this map conform with the zoning lines approved under ZC-70-209. The City Engineer informs Commission that Red Hill Avenue is currently classified as a major arterial and, therefore, an additional 10' of right-of-way will be required under the Master Plan of Arterial High- ways. San Juan Street is a local street which presently has certain discrepancies with regard to its existing street right-of-way. Inasmuch as this is a significant collector street, it is felt that 33 feet would be the proper half-width for San Juan. Also, Red Hill Avenue is improved as a primary arterial with the exception of sidewalk and street lightinq. San Juan frontage has no street improvements with the exception of a single lane of asphalt pavement. The City Engineer has made the following conditions if the Parcel Map is approved: Upon development of either parcel, the dedication of 10' of additional right-of-way for Red Hill in accordance with the Master Plan of Arterial Highways. Upon development of Parcel 1, the granting of 33' of right- of-way for the half street width of San Juan Street plus a standard "corner cutoff" at the intersection. This will clarify the right-of-way situation on San Juan and make it conform with the section east of Red Hill. Upon development of either parcel, the installation of all street improvements which have not previously been constructed including curb and gutter, sidewalk, street lighting and street pavement. The final approval by the City Engineer and recordation of the Parcel Map. Commissioner Sharp felt that he would like to see more plans before mak- ing any d'ecisions. -6- PC Minutes 10/9/72 Page seven William Dean, Chairman of the Building and Planning Committee for the church, stated that if the church sells the corner property, they will have the finances to go on with the development plans. The church has opened escrow with Walker & Lee for the corner property. It is the intent of the church to have a driveway access at the rear of their property which will be shared jointly by Parcels 1 and 2. tie advised that they have had two architects take a look at Parcel 2 to see if it could accommodate a membership of approximately 600, but the church has not yet approved any plans at this point. Commissioner Larnard questioned as to whether the driveway access should not be shown on the tentative Parcel Map. Gail Lynch, one of representatives of the church, questioned the City Engineer's conditions as respects the curb and gutters, and the street lighting. Commissioner Larnard moved for approval of Tentative Parcel Map 72-55, subject to the City Engineer's first three conditions and with two addi- tional, conditions; seconded by Commissioner Sharp; That the driveway access easement be shown on the Parcel Map; and, That the development plans are compatible between the develop-' ments of Parcel 1 and 2 as respects the structures and circula- tion. It was therefore required that a final map be presented for Commission approval in accordance with the conditions of the Tentative Map. MOTION CARRIED: 4-0 Environmental Impaut Statement' for First St[·et from- tlr N~wpurt Freeway to Prospect Avenue. Mr. Fleagl~ stated that this report was submitted by the City Engineer and such reports are required by the County on all projects receiving County financial assistance under the Arterial Highway Financing Program. This report utilizes the same format as adopted by the Orange County Road Department for their Environmental Impact Statements. Cha~Curtis moved for approval of this statement, as amended; seconded ~y Commissioner Sharp; and advised that this Statement is in compliance with the Open Space-Conservation-Recreation Element. MOTION CARRIED: 4-0 Pendin~ Items 1. Bicycle Plan - continued from September 25, 1972 meeting. Proposed Zone Change from R-3 and C-1 to P&I District for Civic Center Site. Commissioner Sharp moved to set this item up for public hearing; seconded ~y Commissioner Larnard. MOTION CARRIED: 4-0 3. Tentative Tract Map No. 7979 - Laurelwood CORRESPONDENCE Letter from Orange County Action Committee for the Physically Handi- Mr. Brown stated that this organization was concerned with the City's compliance with pertinent provisions of the Health and Safety Code re- garding architectural standards for the physically hand~capped. -7- PC Minutes 10/9/72 Page eight Workshop - Land Use Element Mr. Fleaqle requested the Commission to adjourn to a workshop session to review the Land Use Element of the General Plan. By State Law, the General Plan and Zoning Ordinance must be in substantial compliance by 1 January, 1973. COMMISSION CONCERNS - none AUDIENCE PARTICIPATION - none ADJOURNMENT Commissioner Larnard moved for adjournment at 10:10 p.m., seconded by Commissioner Shar~; to a showing of a film and workshop session to dis- cuss the Land Use Element of the General Plan, then to a regular scheduled meeting on October 24, 1972, due to the holiday on October 23rd. C}~AIRMAN OF THE PLANNING COMMISSION ~LAN~I~G CO~MiSS~-~.CORDING SECRETARY -8-