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HomeMy WebLinkAboutPC Minutes 09-11-72MINU]~ J.~ OF A REG~I!.,AR MI':ETI.~.[G OF TIIE TUSTiN PJ.ANNING COMMISSION DATE: September 11, 1972 TIME: 7:30 p.m. PLACE: Council Chambers, 275 South "C" Street PRESENT: Curtis, Sharp, Larnard, Dukleth and Edelstein ABSENT: None ROLL CALL INDEX PAGE APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 28, 1972 PUBLIC IIEARINGS OLD NEW Continued UP-71-364 New Items UP-72-391 UP-72-392 PZ-72-135 PZ-72-136 ZC-72-233 1 1 Item (re-advertisement) - Eugene F. Tutt ........ 1-2 - Tic Toc Markets, Inc ..................... 2 - Frank H. Greinke ......................... 2-3 - Planning Commission Initiated ............ 3,4,5 & ZC-72-232 - Planning Commission Initiated. 5-6 - Southern California Projects, Inc ........ 6-7 BUSINESS - none BUSINESS Final Map of Tract No. Tentative Tract Map Nc. Procedural Rules for 7970 .. ......................... 7 7924 ......................... 7 Public Hearing .................. 7-8 CORRESPONDENCE County Case ZC-72-56 ................................. 8 So. Calif. Planning Congress announcements ........... 8 Malena Storm Drain ................................... 8-9 Letter from Automatic Car Wash Assoc. of So. Calif. .. 9 STAFF CONCERNS ............................................ 9 COMMISSION CONCERNS - none AUDIENCE PARTICIPATION - none ADJOURNMENT ............................................... 9 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COM~ISSION SEPTEMBER 11, 1972 %'he regular meeting of the City of Tustin Planning Commission was held on the llth day of September, 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 Sharp. The Invocation was given by Commissioner Dukleth. ROLL CALL: Present: Absent: Others Present: Curtis, Sharp, Larnard, Edelstein, Dukleth None James G. Rourke, City Attorney R. Kenneth Fleagle, Ass't. CA-Comm. Dev. Dir. Pat Brown, Assistant Planning Director Nancy Lawton, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING AUGUST 28, 1972 PUBLIC HEARINGS Continued Item 1. UP-71-364 (re-advertisement) - Eugene F. Tutt - to permit continued use of subject property as a landscape nursery with sales of plant materials, for a one year period, subject to further six-month extensions of time. Location: Site fronts approximately 110' on the northeast side Nisson Road, and is located approximately 435' south- easterly of the centerline of Red Hill Avenue. Mr. Brown advised the Commission that at their August 28, 1972 meeting this item was continued to present meeting in order to permit the Staff time to ascertain the cost in improving the Nisson Road frontage and to give the owner of the property, Mr. Tutt, time to respond to these recom- mended street improvements and the possible removal of the billboard now located on this same property. The City Engineer estimates the cost of improving the street frontage would be approximately $1300. After contacting Mr. Tutt, Staff was in- formed by him that since this temporary nursery use is strictly on a month-to-month interim use basis, pending total oermanent development of the property at some future date, he would feel the cost of street improvements and the loss of revenue from the removal of the billboard would be entirely unwarranted at this time. Mr. Tutt indicated that if either or both conditions were imposed as a part of approval, he would be forced to discontinue the nursery use of the property. A letter from Mr. Tutt to the Commission was introduced into the record. Chairman Curtis opened the public portion of the hearing at 7:37 p.m. Dennis Wall, 15500 Tustin Village Way, operator of the nursery, advised that he was available if anyone had any questions. The public portion of the hearing was closed at 7:39 p.m. for discusszun among the Commissioners. Co~missioner Sharp questioned paragraphs E & F of Resolution No. 1282 relative to street improvements and final development plans being sub- mitted to the Develooment Preview Commission, stating that he thought these should be deleted from the resolution. He felt that this temporary use is much more desirable than what existed in the past. PC Minutes 9/11/72 Page two Commissioner Sharp moved for adoption of Resolution No. 1282, with the deletion of paragraphs E & F; seconded by Commissioner Larnard. MOTION CARRIED: 5-0 Commissioher Larnard complimented Staff on getting the information neces- sary in helping the Commission make their final decision. New Items UP-72-391 - Tic Toc Markets, Inc. - to permit a take-out delicatessen operation in conjunction with an existing market. Location: Site has a frontage of approximately 52' on the southeast side of Newport Avenue, and is located approximately 150' southwesterly of the centerline of Wass Street. Mr. Brown advised that the applicants are proposing to slightly modify the interior of the existing store so as to provide facilities for the preparation and sale of take-out delicatessen items such as hot and cold sandwiches, salads, etc. A similar activity was approved by Use Permit about a year ago for one of their facilities located on Pasadena Avenue. Based on the model way in which this Pasadena facility has been operated, Staff would have no objections to this present request. The Development Preview Commission, at their August 30, 1972 meeting, gave preliminary review to this request and advised that if it was approved, they would be concerned about providing some type of landscap- ing treatment, since none exists at the present time. The applicants have indicated that they would be willing to work with that body in de- veloping a mutually agreeable design. Chairman Curtis opened the oublic portion of the hearing at 7:46 p.m. Don H. White, 2559 Harriet Lane, Anaheim, stated that he was available should anyone have any questions. He said that as far as the landscap- ing was concerned, they have re-planted the 5' planter boxes four times, two this year and two last year, and people keep taking the flowers from them. Public portion of the hearing was closed at 7:50 p.m. for discussion among the Commissioners. Commissioner Edelstein moved for approval by adoption of Resolution No. 1283; secoHded by Commissioner Larnard. MOTION CARRIED: 5-0 UP-72-392 - Frank H. Greinke - to permit the establishment of a tire sales facility (no recapping or manufacturing) at an abandoned service station site. Location: Site is located at the easterly corner of the intersection of Newport Avenue and Laguna Road. Mr. Fleagle advised that this property is presently zoned C-1 and at one time was used as a service station site, but has been abandoned for sev- eral years. Staff would have no objections to the use as proposed, since it would be far more beneficial to the city to have this abandoned facil- ity in an active status, and the surrounding land uses would certainly warrant this type of use. The Development Preview Commission has given preliminary review to this request at their August 30, 1972 meeting. They were concerned with up- gra~lng or. the site, Du~ were ac~vi~ed by ti~c ~[~,~,ii~a~L L]~ ~i,~ iniL.[~l lease on this proposal was for only a t:~o year period. Also, the owner of the property had long-range plans for a total redew.].opment of not only this property, but adjacent pro~.~erties which he owns. Under these circumstances, the Development Preview Commission felt that a temporary delay would be warranted in the insta].l~tion of additional landscaping, -2- PC Minutes 9/11/72 Page three etc. and suggested that perhaps a bond be posted so that these items could be reviewed and installed in the event the lease was extended be- yong this initial two year period. Mr. Fleag. le stated that the Commission might want to make this bonding a part of the approval, if this request is approved. Commissioner Sharp asked if there were any plans for signing on this property, with Mr. Fleagle stating that no application has been submit d for signing, and this would go before the Development Preview Commission. Chairman Curtis opened the public portion of the hearing at 7:58 p.m. Frank Brien, 1892 Parkview Circle, Costa Mesa, one of the operators of the proposed facility, advised that the reason for the short-term lease is that they don't know if this facility will be successful. He stated that the planter area will be upgraded, and the signing has not been finalized yet. Frank Greinke, owner of the property, wants to upgrade the property and beautify the City. He only wished the short-term lease due to future development. They are in a position to put up the bond~ doesn't feel it is necessary due to his relationship and longevity in the city. Public portion of the hearing was closed at 8:02 p.m. for discussion among the Commissioners. Commissioner Larnard does not feel that there is a need for a bond in this temporary case. Commissioner Larnard moved for approval, by adoption of Resolution No. 1284, subject to a temporary two-year period and re-advertisement upon expiration ~ the term of the Use Permit; seconded by CoJ~u~issioner Ede stein. MOTION CARRIED: 5-0 e PZ-72-135 - Planning Commission Initiated - a prezone change from the Orange County C-2 District to the City of Tustin Planned Community (PC District, to authorize an inte- grated development consisting of a village shopping com- plex, private club, restaurant, and multi-family resi- dential units. Location: Site is located on the northerly side of Irvine Boulevard at 13061, with 315' between the Southern Pacific Railroad right-of-way and the Orange County Flood Control Channel. Mr. Fleagle summarized staff report advising that the present use of the property consists of a truck and materials storage yard. The concept plans as submitted with the application are endorsed, subject to some modifications and annexation to the city. The proposed development would be essentially in the following manner: the southern one-third, more or less, on the Irvine Boulevard frontage to be utilized as a parking area; the central one-third, as a village shopping mall, private club and po. , and restaurant; and, the northern one-third for a 153 unit two and thr. story apartment and townhouse complex. Approximately one-third of the total parking proposed would be subterranean. They further intend to reconstruct and completely cover the flood channel in the western portion of the property, with this area to be utilized for parkin~ and a private driveway. On August 30, 1972, the Development Preview Commission gave preliminary review to this concept and their concerns are as follows: -3- PC Minutes 9/11/72 Page four The main entranceway to this project and the area immediately adjacent to it on the Irvine Boulevard frontage should present an aesthetic aspect commensurate with the scope of the total project. The initial concept plans as presented, in their opin- ion, lacked this emphasis. Although the design needs were recognized, they felt that per- haps some of the large parking area at the front of the develop- ment could be redistributed to other areas, so as not to present such a vast expanse of parking. e In line with this last thought, there was a feeling expressed that perhaps the development was too cgmpartmentalized or sec- tionalized, and that perhaps a more subtle integration of the landscaping, parking, and uses could be accomplished. 4e Concern was also expressed relative to the three-story structures along the north portion of the property as a result of their close proximity to existing single-family developments to the north. Perhaps this could be relieved somewhat by the use of perimeter parking, landscaping, etc. for additional distance and sight buffering purposes. Se On the plans, the proposed County portion of the master bike trail plan was immediately easterly of this site. This is proposed to be developed on the abandoned Southern Pacific Railroad right- of-way in that area. They felt that consideration should be given to providing access from this project for cyclists to that system, once it is developed. e They also wished to express their mutual concern relative to comments made by several of the City departments, particularly that of the. Fire Department as re].ated-to~ acc~.s~ to. som~_o£_ tha residential structures. Mr. Flea~le expressed the concerns of Staff which are: Apartment complexes without exposure to a traffic artery become difficult to rent and require extensive promotion. The density of development requires design amenities to assure long term desirability. Open space and recreation areas are the best assurance of long term assets. Traffic circulation patterns for residential occupancy should be separated from the commercial, as well as the necessity to buffer from sound. e The peaceful enjoyment of existing adjacent residential proper- ties should be protected by height limitations and setback re- quirements. Mr. Flea~l~ advised that the Development Preview Commission is to review the precise development plans prior to construction, and that the Planning Commission should establish development criteria for the project and approve the concept, subject to review of precise development plans. Development standards which would be applicable to this project include the following: ae }{eight limitation of not to exceed two stories or 25' above existing grade within 25' of the property line of any adjoin- ing residential properties. Residential parking accommodations equivalent to two spaces per dwelling unit. Ce Density of development not to exceed the equivalent of one dwelling unit for each 1,000 square feet of land area related to residential development with not less than 30% of ground surface area in unobstructed open area for landscaping and recreational PC M. inutes 9/11/72 Page five ' "'' ..... tion "= ~ ~~g ~e R.-lq p.m. Chairman ~urtis ope~d L]~e ~u~ ~ Nick Barletta, 105 S. Prospect, developer of the project, gave a review of this development outlining that this will be for the mature adult, have a security guard, maid service, elevators, etc. It will have the theme of old New England, something along the lines of a fishing village, with the center of the mall having an old New England schooner. Other features of the project will be a private club and pool. He stated that he would like to have a clearcut decision especially re- garding parking requirements and density. Mark Corcoran, Calstate, feels that this particular property is a prob- lem piece of property due to it's physical configuration; however, does feel that this proposed use would be the most logical and best use. Bob Kramer, Vice-President of Best Years, Inc., related to the Commission the specifics as far as square footage, etc. of the different buildings and areas were concerned. Mrs. Edwin Watne, 14622 Clarissa Lane, property owner to the north of the project, although not opposed to the project, stated that if the three story apartment were to be built, it would be an invasion of pri- vacy as the balconies of the apartments would be looking right down on her property. Mrs. Meredith qree.~ey, 14621 Clarissa, reiterated Mrs. Watne's feelings as respects the height of the apartment complex, but otherwise felt that this was a good development. Commissioner Sharp commented at this point, that the action tonight cen- ters around the prezoning matter, and that the precise plans will be taken care of at a later date. The public portion of the hearing was closed at 8:57 p.m. for discussion among the Commissioners. Commissioner Edelstein commented that a serious point would be the apart- ment complex as the developments of the past few years do not have any buildings with three stories. Commissioner Dukleth was concerned as respects the traffic pattern off Irvine Boulevard, with the two entrances and exits. He felt that if one entrance and exit were closed, it would create enough space to move the project more to the south, to gain more space in the project area. Mr. Fleagle advised that if the townhouses were put on the northern perim- eter, it would resolve the problem cf'height and privacy for adjoining residents. It would not reduce the density, but would change the config- uration. Commissioner Sharp moved for approval by adoption of Resolution No. 1288; seconded by Commissioner Larnard. MOTION CARRIED: 5-0 4. PZ-72-136 - Planning Commission Initiated - prezoning and zone ch ge ZC-72-232 from the Orange County R-1 District (2 parcels) and t City of Tustin C-1 (1 parcel) to the City of Tustin Planned Community (PC-Commercial) District. Location: Site is located at the northeasterly intersection of Irvine Boulevard and Elizabeth Way with frontages of 165' on Irvine Boulevard and 270' on Elizabeth Way. -5- ~?C Minutes 9/11/72 Page six Mr. Flea¢~le advised the Commission that the parcel at the easterly cor- ner of Irvine Boulevard and Elizabeth Way is presently developed with a small commercial-professional complex. The two parcels lying north- easterly of this parcel are presently located in the County, are zoned R-1 and have two existing single-family residences located on the prop- erties. · The owners of the existing complex have indicated they are purchasing the two residential parcels located in the County, and it is their desire to remove the existing residential structures and expand their existing commercial-professional structure northeastward onto these two parcels. It was suggested that the owners file for annexa- tion to the City of Tustin for the two County parcels, conjunctive with the prezoning. Furthermore, it was suggested that all three properties would be best zoned in a Planned Community-Commercial status, to allow for a flexible, consolidated development plan of the total facility. The owners have agreed to this procedure. Staff also advised the developers that the commercial and professional structures front on Irvine Boulevard, with Elizabeth Way providing ser- vice entrances. With the design control exercised by the Development Preview Commission, Staff feels that this should produce a development compatible with the surrounding area. Chairman Curtis opened the public portion of the hearing at 9:50 p.m. Rex Rehnauist, 1163 Irvine Boulevard, architect and contractor for Mrs. Osteen, the property owner, advised that he was available if there should be any questions. Public portion of the hearing was closed at 9:52 p.m. for discussion among the Commissioners. Commissioner Sharp moved for approval by adoption of Resolution No. 1286 and 1287; seconded by Commissioner Larnard. MOTION CARRIED: 5-0 ZC-72-233 - Southern California Projects, Inc. - to permit a zone change from C-1 to the Planned Community (PC-Commercial) District, to authorize a consolidated commercial and pro- fessional complex. Location: Subject property is located on the southeasterly side of Newport Avenue, and is bounded by Main and Bryan. Mr. Fleagl~ advised that the subject property is in a stage of develop- ment, after having been vacant for many years. A newly opened veterinary hospital is located on the northeasterly side of Bryan Avenue, and a large restaurant (Seta Bella) is located on the Newport Avenue frontage which is nearing completion. The southwesterly corner and the balance of the property fronting along Main Street are presently undeveloped, but concept plans have been submitted which indicate these areas are proposed to be developed with combination professional-commercial uses. The requested rezoning is highly desirable, since the Planned Community- Commercial District for the total triangular shaped parcel would permit both greater flexibility of design and a functional consolidation of existing and proposed uses on this total site. Also, City control of the final development would be strengthened through the vehicle of a precise plan for any such development. The existing C-1 zoning, could prove to be too inhibitive from a design and functional standpoint for a project of this magnitude and for this site's community exposure. The concept plan as presented appears feasible with the exception of the small struc- ture on the most easterly end of the triangle. Although the portions of the property of the veterinary hospital, and the vaca~t ~v~i~ ow~d b~ G~i£ Oil ~ ~o~ p~ of ~he ~p~ica~io~ submi~ti by applicant, the entire parcel bounded by Newport, Main & Bryan were ad- vertised for zone change hearing. Chairman Curtis opened the public portion of the hearing at 10:02 p.m. -6- PC Minutes 9/11/72 Page seven Harry Cain, ~{icnard P~ior & A=o,,ciatcs, stated that the pnrkina situa- tion will be helped on a joint basis with this Planned Community-Commercial zoning. Frank Dowler, 1132 Letty Lane, questioned the height of the building and was advised that the two retail stores would be two stories high. Public portion of the hearing was closed at 10:12 p.m. for discussion among the Commissioners. Commissioner Edelstein moved for approval, by adoption of Resolution No. 1285; seconded by Commissioner Dukleth. MOTION CARRIED: 5-0 OLD BUSINESS - none NEW BUSINESS 1. Final Map of Tract No. 7970 - Sierra Pacific Properties Location: Northeast corner of Pasadena & McFadden Avenue Mr. Brown stated that the subject property is currently developed as a 32 unit apartment complex and is proposed for conversion to condominium units. This Final Map conforms to tentative Map No. 7970 approved on July 24, 1972. Commissioner Larnard moved for approval, subject to final approval by the City Council, the City Engineer, submission of Labor and Material Bond, Faithful Performance Bond and Monumentation Bond and conformance to tX conditions of approval outlined for Tentative Map, including approval the CC&R's by the City Attorney; seconded by Commissioner Edelstein. MOTION CARRIED: 5-0 2. Tentative Tract Map No. 7924 - Jack D. McClean Location: West side of Prospect Avenue, south of Carlsbad Drive and south of Tentative Tract 7846. Mr. Brown advised that this tentative tract is the southerly portion of the 7.8 acre Prospect-Carlsbad Annexation No. 75 annexed to the City on May 10, 1972. This area was prezoned as an R-1 (Single-Family residential area under PZ-72-132. Tentative Tract 7846 was filed on the northerly portion in May, 1972. Tentative Tract 7924 is in reality a continuation of Tentative Tract 7846. but not as yet submitted for approval of the final map. Since this tract has no access to public streets except through Tract 7846, it is readily apparent that either Tract 7846 must receive final approval and be re- corded, or an improved access route must be provided from Prospect Avenue to the 10 lots with Tract 7924. The City Engineer has recommended 13 conditions as subject of approva approval is granted. Commissioner Larnard moved for approval, subject to the City Enginaer's 13 conditions; seconded by Co~nissioner Edelstein. i MOTION CARRIED: 5-0 3. Procedural Rules for Public Hearing Mr. Flea~.le presented 8 procedures for the Commission's review, along wit a report on Due Proclass recuJ.rements for Zoning Decisions. Commi.~sioner~ discussed [.i'~e pro~o~'~<l format for conducting r~ublic hea~'~n~s and suggest.~ --7-- PC Minutes 9/11/72 Page eight that the hearing process be made as informal as possible. The matter was continued to the next regular meeting ~o provide Staff an opportunity to incorporate comments of the Commissioners into the proposed rules. CORRESPONDENCE 1. County Case ZC-72-56 Location: Southeasterly side of Newport Avenue, approximately 645' northeasterly of Wass Street. Mr. Brown stated that this request is to rezone subject property from the Orange County R4-7,000(PD)-3,000 "Suburban Residential-Planned Development" District to the PA "Professional and Administrative Office" District. In Staff's opinion, this requested rezoning of the property from the multiple-family status to a professional office category is highly un- desirable for the following reasons: The Tustin Area General Plan indicates the feasibility of high den- sity (12 units per acre) residential development along the south- eastern side of Newport Avenue from Irvine Boulevard to LaColina Drive. Northeastward of LaColina, medium low density (2.5 units per acre) is the indication along Newport Avenue. No professional or commercial land uses are indicated northeastward of Wass Street. e Approval of this requested zone change to professional and adminis- trative office uses would be a violation of the indications of the General Plan, and would establish a precedent which could initiate a proliferation of professional and even commercial uses northeastward along this entire street frontage. e The City of Tustin has attempted to focus, the deve~.op~t of profes- sional facilities along Irvine Boulevard and in its downtown area. Approval of this request would dilute these goals and would encourage undesirable strip highway development of such uses. There are existing vacant parcels authorized by zoning for PA develop- ment within the Tustin area. There is no known reason justifying the requested zone change, nor is there any reason precluding the develop- ment of subject parcel in accordance with the existing zoning classi- fication. The existing R4 zoning is compatible to the indications of the General Plan and surrounding land uses. Commissioner Larnard moved for recommendation for denial of this request; seconded by Commissioner Edelstein. MOTION CARRIED: 5-0 2. Southern California Planning Congress announcement Mr. Brown read the announcements of two meetings; one on September 14, 1972 and the other on October 7th. 3. Malena Storm Drain Mr. Brown informed the Commission that the request of the City, the con- struction of the Malena Storm Drain was included in the Orange County Flood Control District's 1972-73 budget. The Government Code of Califor- nia Section 65402, provides that a local agency such as the flood control district shall net construct public works in any city until the location, purpose and extent of such works have been submitted to and reported upon as to conformity to the city's adopted general plan. If the project is considered in conformance, a resolution is requested stating that this is in conformance with our General Plan. -8- PC Minutes 9/11/72 Page nine lution No. 1289 be adopted. MOTION CARRIED: 5-0 4. Letter from the Automatic Car Wash Association of Southern California Mr. Brown summarized this letter, advising of the subject Association' concern relative to excess service stations throughout this area, and their blight to the community. He advised Commission that Staff will send a letter to this Association advising them that our Zoning Ordinance requires that a Use Permit be approved prior to issuance of any Building Permit and also that any action by the Planning Commission on such a request must be based on the appropriateness of the facility to the surrounding area, traffic circula- tion, etc. STAFF CONCERNS Mr. Fleagle advised the Commission of the content of new bills passed by the State Legislature. The Commission was requested to review a film, following adjournment. The film that was made by Eastman Kodak, All the Difference, presented alterna tives to land, air, water and visual pollution. CO~%IISSION CONCERNS - none AUDIENCE PARTICIPATION - none ADJOURNMENT Commissioner Edelstein moved for adjournment at 10:57 p.m.; seconded by Commissioner Larnard. Unanimously carried. CHAIRMAN OF THE PLANNING CO~L~ISSION PLANNING~OMMISSION RECORDING SECRETARY -9-