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HomeMy WebLinkAboutPC Minutes 07-24-72MINUTES OF A REGULAR MEETING OF THE TUSTIN PLANNING COMMISSION DATE: July 24, 1972 TIME: 7:34 p.m. PLACE: Council Chambers, 275 South "C" Street PRESENT: Curtis, Larnard, Dukleth and Edelstein ABSENT: Sharp ROLL APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 10, 1972 PUBLIC HEARINGS Continued V -7l~284 UP-72-386 Noise Ordinance New Items ZC-72-230 OLD BUSINESS UP-72-388 UP-72-379 NEW BUSINESS Formal Finding Tentative Tract Map Tentative Tract Map Tentative Tract Map INDEX PAGE CALL .................................................. 1 1 items - Roger B. Robbins ........................... 1-2 - Shell Oil Co .............................. 2 - Dr. Mansour Roshan ........................ 2 - George Argyros ............................ 2 - Ethel F. Doty ............................. 3 -silversmith ........................... 3 7943 ............................... 3 7794 .............................. 4 7970 .............................. 4-5 Environmental Impact Statement ........................ 5 Pending Item - Tustin }{eights Sporting Goods ............. UP72-379 ................... Robbins ................. 74th Conference ......... UP-72-389 CORRESPONDENCE Appeal Letter League from Daniel Jones - from Margaret Byrd re. of California Cities - Orange County Case ZC72-37 ............................ Orange County Health Department Letter - Noise study ... STAFF CONCERNS - none ~uMm±~$YON CONC~N~ - none AUDIENCE PARTICIPATION - none ADJOURNMENT ................................................ 5 5 5 5 5 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION JULY 24, 1972 The regular meeting of the City of Tustin Planning Commission was held on the 24th day of July, 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 Edelstein. The Invocation was given ~? Commissioner Dukleth. ROLL CALL: Present: Absent: Others Present: Curtis, Edelstein, Larnard and Dukleth Sharp James G. Rourke, City Attorney Pat Brown, Assistant Planning Director Nancy Lawton, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING OF JULY 10, 1972 CONTINUED PUBLIC HEARINGS 1. V -72-284 - Roger B. Robbins - to permit construction of a two-car garage with less than the minimum required separation distance from the main structure; less than a minimum required overall dimensions; and, with a potentially obstructed access for a standard size auto. Location: 540 Pacific Street Mr. Brown summarized staff report advising that a meeting had taken pl ~e on July 13, 1972 with the applicant, his contractor, the Building Official and Staff, resulting in the following: That the Zoning Ordinance and the Building Code would permit an expansion of the garage structure to within 6" of the south property line. This would increase the overall width of the garage to 20', rather than the 17'6" originally proposed. As a result of this expansion, the garage door could be moved further southward which would alleviate the rather sharp park- ing angle in the northern portion of the garage. It was not possible to increase the 8' separation distance be- tween the proposed garage and the main structure, without again reducing the overall width of the garage. The Zoning Ordinance does require a 10' separation in such cases; however, the Build- ing Code would permit a 6' separation. It was felt that under the circumstances, the 8' proposed distance was a reasonable compromise between the two regulations. Staff and Building Official now feel that while the optimum solution has not been fully achieved, under the physical restrictions of this parcel (the 50' lot width and the location of the existing permanent struc- tures) a reasonable and equitable solution for both the applicant and the City has been accomplished. Chairman Curtis opened the public portion of the hearing at 7:40 p.m. Roger B. Robbins, owner and applicant, advised that he had received a letter from the owner of property south of his property', stating that he had no objections to this application. The public portion of the hearing was closed at 7:41 for discussion among the Commissioners. -1- PC Minutes 7/24/72 Page two Commissioner Larnard moved for adoption of Resolution No. 1276 for this application; seconded by Commissioner Duk]eth. Motion carried: 4-0 UP-72-386 - Shell Oil Co. - to permit the construction and opera- tion of a self-serve service station. Location: Site is located at the northeasterly corner of the inte~ section of Main Street and Newport Avenue. Mr. Brown informed Commission of a letter received from the Shell Oil Co. which formally requests a withdrawal of this application. Shell felt it would be economically unfeasible to redesign and develop the site with those parameters recommended by both the Development Preview Commission and the Planning Commission. Commissioner Edelstein moved for withdrawal and termination; seconded by Commissioner Larnard. Motion carried: 4-0 3. Noise Ordinance Mr. Brown stated that there is much further study to be conducted on this Ordinance, and Staff is awaiting additional data and information from other sources. Commissioner Edelstein moved to table this item for an indefinite period pending notification from Staff as to when it would be appropriate to reschedule this item for a future public hearing; seconded by Commissien. Larnard. Motion Carried: 4-0 PUBLIC HEARINGS ZC-72-230 - Dr. Mansour Roshan - to permit the rezoning of property from R-2 (1800) to R-3 (1800), to bring subject zoning into conformance with the existing land use. Location: Site, consisting of approximately 1.88 acres of land, is located on the southwesterly side of Nisson Road, approximately 340 feet northwesterly of the centerline of Red Hill Avenue. Mr. Brown advised that a completed application has not been filed with a list of the property owners within 300' of subject parcel, nor are plans on file indicating the precise development of subject property. Commissioner Larnard moved to table this item until such time as feas- ible in conjunction with actions bringing the General Plan and Zoning Ordinance into donformance; seconded by Commissioner Dukleth. Motion carried: 4-0 OLD BUSINESS 1. UP-72-388 - George Argyros - Resolution No. 1274 for denial Location: 345 W. First Street Mr. Brown advise~ Commi~or thnt Raj,~i~Lion ~o. 1274 had been drawn u? incuz~oratang the findings of the Commission at their July 10, 1972 meet~- ing and was ready for adoption and the signature of the Commission Chair- man. -2- PC Minutes 7/24/72 Page three 2. UP-72-379 - Ethel F. Doty - Resolution No. 1275 for approval· ~oca~ion: ~ou~h of 17~h btr~u ~pproximd~ly 56~' w~iy o£ Prospect Avenue. Mr. Brown submitted Resolution No. 1275 for adoption and the Planning Commission Chairman's signature· NEW BUSINESS 1. Formal Finding - silversmith - 130 S. Prospect Avenue Mr. Brown informed the Commission that just prior to this meeting, a letter had been received from the applicant requesting withdrawal. Commissioner Larnard moved for withdrawal of this item; seconded by Commissioner Edelstein. Motion carried: 4-0 2. Tentative Tract Map 7943 - Villa Vallerto Apartments Location: Site is located on the southwesterly side of Mitchell Avenue, approximately 250' southeasterly of the center- line of Newport Avenue. Mr. Brown summarized staff report, requesting Commission to make a couple of minor changes in that report, which he was just made aware of and applied to the number of units and parking spaces, etc. He advised the Commission that this development physically qualified for such a conver- sion; however, there was a legal question as to the existing zoning on this property. Staff's interpretation of the Zoning Ordinance is that the only land use district adopted by the City of Tustin which permits condominium- type subdivisions is in the PD (Planned Development) District. Subject property is zoned R-3 (1900). The City Engineer has recommended approval of this request subject to two conditions, neither of which include a requirement for the proper zoning. Commission was presented three alternatives for adoption, which were: Table Tentative Tract Map #7943 until such time as the appli- cants have submitted and had approved a rezoning of subject property from the R-3 (1900) District to the PD District. Approve Tentative Tract Map #7943 subject to a third condi- tion: that the applicants shall submit and have approved a rezoning of subject property from the R-3 (1900) District to the PD (Planned Development) District prior to any approval of a final tract map. Deny Tentative Tract Map #7943, based on the premise the property in question is not properly zoned for the proposal as submitted. Commission questioned the City Attorney as to the legal determination of the Zoning Ordinance as respects the R-3 District allowing condomin- iums, and the City Attorney advised that he would check into this and inform Staff of his finding within a day or so. Commissioner Larnard moved to adopt recommendation #2, subject to the City Engineer's two conditions and the City Attorney's determinations; seconded by Co~missioner Edelstein. Motion carried: 4-0 PC Minutes 7/24/72 Page four 3. Tentative Tract Map 7794 - Tustin Country Gardens Location: South of Santa Ana Freeway - Browning Avenue Mr. Brown summarized the City Engineer's report, advising that this re- vised Tentative Tract is a portion of the 483 acre Annexation No. 7lA annexed to the City on December 14, 1'971, which was prezoned as Planned Community-Residential under PZ71-126. This Tentative Tract No. 7794 represents the first phase of the development of approximately 70 acres extending northerly to the Santa Ana Freeway. It consists of 248 single- family "zero-side-yard" lots plus 4 green area lots and one private community park. All dwellings will have a minimum 10' side yard on one side of the lot; a minimum 10' front yard setback; and 2 car garages with a 5' setback from the private alleys. Each buyer will receive title to a residential lot and mandatory membership within the community association. The Public Works Superintendent has pointed out a potential problem regarding the 20" irrigation line running through the tract. The Fire Department has expressed considerable concern over the proposed single source of water service and its distance from the tract. Negotiations are still being conducted between the City Administrator and the Irvine Company regarding possible service by the Tustin Water Works. The City Engineer has recommended approval of this Tentative Tract Map~ subject to 20 conditions. Mr. Ed Akins of South Coast Development, expressed concern over Condi- tion #16 of the City Engineer, which was regarding a 6'8" masonry wall along the easterly side of the railroad right-of-way from Walnut Avenue to the northerly line of the tract and along the Walnut and Jamboree frontages. He questioned the 6'8" height, where the terrain might vary. As this condition also stated, the materials and design of wall shall be subject to the approval of the Development Preview Com.~is~io~a~d this question would be brought before their body. This was the only condi- tion of concern to Mr. Akins. Commissioner Larnard moved for approval of Tentative Tract Map No. 7794, subject to the Cit~ Engineer's 20 conditions; seconded by Commissioner Edelstein. Motion carried: 4-0 4. Tentative Tract Map 7970 - The Bahama Apartments Location: Site is located at the northeasterly corner of Pasadena Avenue and McFadden Avenue. Mr. Brown informed the Commission that applicant has requested permission for a single-lot subdivision for purposes of converting an existing apartment development to a condominium status. Staff feels that this proposal meets all those physical parameters deemed desireable for such a conversion, plus the fact the property is presently zoned PD (Planned Development). One minor exception would be the parking ratio, which would more preferably be closer to two spaces per unit; however, under the PD District development requirements, one and one-half spaces per unit is permitted. The City Engineer has recommended approval, subject to the following conditions: Installation of adequate street lighting on the McFadden Avenue and Pasadena Avenue frontages to the satisfaction of the City Engineer. Dedication o~ street rIght-or-way on the McFadden Avenue frontage, including the corner cutoff at Pasadena Avenue, to provide a total of 50 foot half street width as per the Master Plan of Arterial Highways. -4- PC Minutes 7/24/72 Page five Ti~ Lum~,~m, uu~ditlu~m, ~d ~%~£e~u~L~ £or the trans£~m of ownership or interest in the whole or separate par- cels of subject lot are to be submitted to the City Attorney for his review and approval (this refers only to the physical description of the property and not to any of the financial relations). Commissioner Larnard moved f~r approval of Tentative Tract Map 7970, subject to the City Engineer's conditions; seconded by Commissioner Edelstein. Motion carried: 4-0 5. Environmental Impact Statement - Newport and McFadden Avenues Mr. Brown advised that this statement as prepared by the Orange County Road Department, is for street improvements and widening along certain areas of Walnut, McFadden and Newport Avenues. These improvements would be in conformance with our General Plan, and would have no adverse environmental features. Commissioner Edelstein moved to recommend to the Orange County Road De- partment the Commission's approval; seconded by Commissioner Larnard. Motion carried: 4-0 PENDING ITEMS UP-72-389 - Tustin Heights Sporting Goods - to permit use of a training ski slope at the rear of 1096 Irvine Boulevard. CORRESPONDENCE Mr. Brown informed the Commission of a letter of appeal from Daniel M. Jones to the City Council to be heard at the Council's August 7, 1972 meeting. 2. Mr. Brown advised of a letter received from Margaret Byrd as re- spects the Roger B. Robbins application. League of California Cities has sent an invitation announcing the 74th Annual Conference to be held in Anaheimf CA from October 15 to 18, 1972. Mr. Brown requested any of the Commissioners who were interested in attending to contact Mr. Fleagle. 4. Orange County Case ZC72-37 Location: Northwesterly side of Newport Avenue, approximately 72' northeasterly of the centerline of Mitchell Avenue. This request is to rezone subject property from CC/35 (SR) "Commer- cial Community (Sign Restrictions)" District to the C-1 (SR) "Local Business (Sign Restriction)" District. Mr. Brown advised that the County is attempting to bring this ares into more appropriate zoning conformance with the General Plan, and feels this is warranted and necessary. Commissioner Larnard moved to have Staff direct letter to the Orange County Planning Commission recommending approval of this request; seconded by Commissioner Edelstein. ' Motion carried: 4-0 Letter from Orange County Health Department regarding Noise Study. Mr. Brown advised that the County Health Department will assist our City in conducting a noise level study and will be contacting us shortly. --5-- • STAFF CONCERNS - none COMMISSION CONCERNS - none AUDIENCE PARTICIPATION - none ADJOURNMENT u PC Minutes 7/24/72 Page six Commissioner Edelstein moved for adjournment at 8:30 p.m.; seconded by Commissioner Larnard; unanimously carried. :. ~Ij« xAIRMAN OF PLANNING CO ISSION P ING OMM SION RECORDING SECRETARY C _` A -6-