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HomeMy WebLinkAboutPC Minutes 07-10-72MINUTES OF A REGULAR MEETING OF TIlE TUSTIN PLANNING COMMISSION DATE: July 10, 1972 TIME: 7:30 p.m. PLACE: Council Chambers, 275 South "C" Street PRESENT: Curtis, Edelstein, Larnard, Sharp ABSENT: Duk le'th INDEX ROLL CALL ............................................. APPROVAL OF MINUTES MEETING OF JUNE PUBLIC HEARINGS Continued UP-72-388 UP-72-379 UP-72-379 New I rem V-72-284 - PAGE 1 Items - George - Daniel - Ethel F. Roger B. Robbins ........................ 3-5 OLD BUSINESS - NONE NEW BUSINESS - NONE CORRESPONDENCE Orange County Tentative Tract Map 7919 - William Zink ............................................ 5 Invitation from Southern California Planning Congress 5 Memorandum from the California Roadside Council .... 5 Orange County Sanitation Districts ................. 5-6 STAFF CONCERNS Summary of Development Preview Commission Actions.. 6 Shell Oil Company - termination of service station. 6 League of California Cities Annual Conference ...... 6 Pending Application ................................ 6 CO~%IISSION CONCERN Traffic Lights ..................................... 6 AUDIENCE PARTICIPATION - NONE ADJOURNMENT ........................................... 6' Argyros ......................... 1-2 M. Jones ........................ 2-3 Doty .......................... 3 OF REGULAR 26, 1972 ........................... 1 MINUTES OF A REGULAR MEETING OF TIIE CITY OF TUSTIN PLANNING CO~ISSION JULY 10, 1972 The regular meeting of the City of Tustin Planning Commission was held on the 10th 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 Sharp. The Invocation was given by Commissioner Larnard. ROLL CALL: Present: Absent: Others Present: Curtis, Edelstein, Larnard and Sharp Dukleth. Attended meeting for the Commission. James G. Rourke, City Attorney R. Kenneth Fleagle, Assistant City Administrator- Community Development Director Pat Brown, Assistant Planning Director Mary Ann Chamberlain, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING OF JUNE 26, 1972 CONTINUED PUBLIC HEARINGS UP-72-388 - George Argyros - to permit a six month display of p~omotional banners and flags in the parkway area, for the purpose of advertising vacancies at the Villa Viento Apartments. Location: 345 W. First Street Mr. Flea~le summarized the Staff report and recommended that if it is the pleasure of the Commission to approve this request, find- ings should be made to justify approval on the basis of a unique situation whereby right-of-way has been dedicated to the city for the improvement of First Street in advance of the construction pro- ject and the apartment complex has thus been placed at a disadvant- age due 6o lack of public amenities. Chairman Curtis opened the public portion of the hearing at 7:40 p.m. Robert Southerland, 17291 Irvine Blvd., Tustin, to speak for Mr. Argyros. The Villa Viento Apartments are asking for a temporary ~elief until the street (First) is widened and the apartments have better exposure to the public. Mr. Southerland explained that when First Street is widened several of the' older buildings that are now blocking the view of the apartments will be removed and therefore they would no longer need the flag display or sign. Mrs. Byrd, 158 North "B" Street, Tustin, spoke in favor of the sign and pennants. Virginia Carlson Mackey, 320 W. First Street, Tustin, spoke against any banners or signs in the Parkway and that on past occasions, signs were posted on her front lawn. The public portion of the hearing was closed at 7:48 p.m. for alscussion among tne commissioners. PC Mi] ~es 7/10/72 Page 2 Commissioner Edelstein made a motion to deny this use permit e~use he ~e~ls the-C°ommission should not set a preceden~ for future use permits of this nature. Commissioner Sharp seconded. Commissioner Larnard felt that this was a unique situation and the request should be granted. Staff was directed to prepare a resolution incorporating the following findings. That approval of such a request could set an un- desirable precedent throughout the City; That the Sign Ordinance permits ample time (30 days per quarter) for such displays; That once First Street is fully improved to its ultimate right-of-way, there will be no substantial sight distance improvements from the present situation, relative to exposure of this apartment development; and, The City Council has previously granted the tem- porary relocation of the large, freestanding sign for this complex to the parkway, public right-of-way, which provides ample identification for traffic on First Street. MOTION CARRIED: Ayes- 3 Noes- 1 Absent- 1 UP-72-379 - Daniel M. Jones (Robert T. French) - amendment to Use Permit and the master plan of development approved by the use permit. Location: Southwesterly corner of 17th Street and Prospect. Mr. Fleagle summarized the Staff report and stated the following factors that are of concern: A deficit of 25 parking spaces are indicated on the proposed plan for the subject parcel. Buffering from the southerly adjacent E-4 residential properties is not indicated by other than 60' of space and a row of trees on the property line. 3. Interior parking lot landscaping is minimal. e A divergence from the approved plan for traffic cir- culation. It was recommended to the Planning Commission that this amendment to Use Permit 72-379 be denied by the adoption of Resolution No. 1273. Chairman Curtis opened the public portion of the hearing at 8:05 p.m. Warren TenEyck, 822 Emerald Bay, Newport Beach, one of the co- developers, summarized the latest plans for the Commission. There was some discussion about the flow of traffic and the lack of a through road system. Donald Thamer, 1666 N. Main Street, Santa Ana, attorney for the Jones property, explained that he felt the meeting between'the Staff and the developers had been very unfruitful concerning the southern part of the Jones property. Mr. Thamer stated that they were told at the -2- PC '.nutes 7/10./72 Pag~ 3 Staff meeting that the cul-de-sac was acceptable and the through road was not necessary to the total development. IIe further stated that he was advised by some property owners to the south of the Jones property that they would rather not have the road because of the noise level. Mr. French came forward and spoke about the two compromises that had been made between the Staff and the devel- opers. 1. The buffer zone was increased to 60' from a previous 40'. They increased the parking ratio to within 25 spaces of the normal 5 per thousand ratio. The public portion of the hearing was closed at 8:22 p.m. for discussion among the Commissioners. There was some discussion among the Commissioners regarding the flow of traffic and the road not running through the Jones pro- perty. Mr. Flea$1e read a letter from Mr. Dunn complimenting the Planning Commission in the manner in which they were handling this Use Permit Amendment. Mr. Fleagle stated that he had also received telephone calls from property owners south of the Jones property that had the same sentiments as Mr. Dunn. Commissioner Larnard moved for adoption of Resolution 1273, seconded by Commissioner Sharp, denying the approval of the amendment to Use Permit 72-379. CARRIED: 4-0 UP-72-379 - Ethel Fuller Doty (Robert T. French) - amendment to Use Permit and the master plan of development approved by the use permit. Location: South of 17th Street approximately 569' westerly of Prospect Ave. Mr. Flea~le summarized the Staff report and recommended that app- roval of subject parcel be subject to an acceptable relationship with adjoining parcels as related to circulation and entranceways from 17th Street. The public portion of the hearing was opened at 8:52 p.m. Mr. TenEy~k explained that the major change from the orgir~al master plan is the cul-de-sac ending of the road on the southerly per- imeter. The public portion of the hearing was closed at 8:55 p.m. for discussion among the Commissioners. After some discussion among the Commissioners about the cul-de-sac and traffic circulation a motion was brought to the floor. Comm- issioner Larnard moved to approve this amendment to Use Permi~ 72-379, subject to conditions of approval which will require pro- vision for the extension of the cul-de-sac on the southerly per- imeter road easterly to the property line, and designation of 17th Street curb cuts by the City Engineer. Commissioner Sharp seconded this motion. MOTION CARRIED: 4-0 PUBLIC HEARINGS 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 requi~ed overall dimensions; and, with a potentially obstructed access for a standard size auto. -3- 'C ~.~{.nutes 7/10/72 Page 4 Location: 540 Pacific Street Mr. Brown summarized tke Sta~ repor~ and s~at~d %i~L du~ii~d inspections of the ~]3eject indicated that the new structure, when completed, would violate three precepts or provisions of the Build- ing and Zoning Codes: It would be located only 8' from the main structure, whereas code would require a minimum 10' separation. Whereas Code would normally require minimum 20' x 20' interior dimensions, the proposed structure would have exterior dimensions 17'6" wide and 22' in depth. The 17% width would not permit the parking of two standard sized automobiles. As a result of the proposed location of this new structure in relationship to the existing main structure, it would be almost physically impossible to maneuver a second standard sized automobile into the garage. It was recommended that if the variance is approved, the Staff would recommend a condition of such approval be that all kitchen and bathroom facilities located in the accessory structure be re- moved, since such facilities are not permitted in accessory struct- ures in the R-1 District. Chairman Curtis opened the public portion of the hearing at 9:10 p.m. Roger Robbins, 540 Pacific Street, Tustin, owner and applicant, gave a brief history about the property in question and the pro- blems of updating the home and surroundings. The present site does not have an existing garage of any type. The existing structure to which the garage will be attached is to be utilized strictly as a den by the owner of the property and will h~ve no kitchen faciliti or cooking equipment. Denial of this variance would cause un- necessary hardship, result in practical difficulties and withhold from the neighborhood the benefit of such an improvement. Granting the variance would be beneficial, not detrimental to the public wel- fare, safety and property located in the vicinity and not in con- flict with the general purpose and intent of the City of Tustin's zoning plan. Art Jenkins, 623 East Wilson, Orange, contractor for Mr. Robbins stated his reasons as to why the garage has to be built at this particular location. There was an accessory structure built to the rear of the home prior to the existing zoning ordinance. This structure, due to the construction materials utilized, is in the nature of a permanent rather than temporary facility. Therefore, the cost of re- moval of this facility is prohibitive. 2. The width of the property is only 50' wide. If the garage were to be located behind the accessory structure, this would put a financial hardship on the owner and ruin the backyard landscaping. Harry Stanley, 535 South Pacific, Tustin, presented his views to the Commission in favor of the variance. William Finken, 550 Pacific Street, Tustin, presented 'his views to ~he Commission in favor of the variance. Public portion of the hearing was closed at 9:30 p.m. Commissioner Larnard questioned Mr. Jenkins about the stop work order issued by the Building Department. Mr. Jenkins replied that there was a misunderstandin~ as to whom was to purchase the building permit. :.:r. Jenkin~ thou.qht that :~.r. Robbins was going to purchase it and :.~.r. '.-<obbJ. n:~ thought ~!r. JenkJn:~ was going to ? Minutes 7/10/72 Page 5 purchase it. After discussion among the Commissioners, Mr. Robbins was recalled to the podium and asked if he would be agreeable to work with our Staff to re-analyze and investigate the possibility of a new design which would be both more compatible and functional. Mr. Robbins agreed. Commissioner Larnard moved to continue the public hearing for Variance 72-284 at their July 24, 1972 meet- ing. Commissioner Sharp seconded this motion. MOTION CARRIED: 4-0 OLD BUSINESS - NONE NEW BUSINESS - NONE CORRESPONDENCE 1. Orange County Tentative Tract Map 7919 - William Zink Location: Subject property is located on the southeasterly side of Newport Avenue, just southwesterly of the intersection of Warren Avenue and Newport Avenue. Mr. Fleagle summarized the Staff report and recommended that the Planning Commission recommend to the Orange County Planning Com- mission that a serious view of this proposal be taken prior to any consideration of approval of the requested Tentative Tract Map. The criteria should be consistent to the effect that if the project was not originally developed to meet the design standards of a condominium, it should not be favorably considered as such at a subsequent period of time. Commissioner Edelstein moved to instruct Staff to prepare correspondence to the Orange County Planning Commission in- corporating the recommended comments. Commissioner Sharp seconded the motion. MOTION CARRIED: 4-0 Invitation from Southern California Planning Congress - meeting of July 13, 1972, at Grandview Gardens in Los Angeles. Mr. Fleagle read the announcement and advised the Commission to contact Staff if they wished to make a reservation. 3. Memorandum from the California Roadside Council. Mr. Fleagle summarized the memorandum for Commission discussion. Commissioner Sharp moved that the Planning Commission direct Staff to sub~it a letter in substance of these findings to the Federal Highway Commission, seconded by Commissioner Larnard. The City of Tustin endorses the proposal that the removal of billboards from the landscape of America should be by amort- ization at no expense to the public and without the provision of Federal law that would compensate for the removal of that which is a blight upon the landscape of America. MOTION CARRIED: 4-0 Orange County Sanitation Districts - Location of West Relief Trunk Sewer. Mr. Fleagle summarized the Engineer's report and informed the Commissioners that this project is not in conflict with the Tustin General Plan. Commissioner Larnard moved to have Staff prepare correspondence concuring with the location of this new sewage ~acl±lty as requested Dy the ~anltat~on D~strlct s uDject to the approval by the City Engineer of the precise location of this facility within the existing City street right-of-way. -5- P .' 6 This motion was seconded by Commissioner Sharp. MOTION CARRIED: 4-0 STAFF CONCERNS 1. Summary of Development Preview Commission Actions - First Half of 1972. 2. Shell Oil Company is terminating its proceedings for the Use Permit action of a self-service gasoline station. 3. League of California Cities Annual Conference to be held in Anaheim on October 15 - 18, 1972. Staff will keep the Com- missioners informed. Pending Applications Zone Change - Applicant: COR~ISSION CONCERNS Dr. M. Roshan, Nisson Road, Tustin. Commissioner Edelstein raised the question about the traffic lights on Newport Avenue at Mitchell and the Freeway. Mr. Fleagle ad- vised the Commission that construction plans are under development. AUDIENCE PARTICIPATION - NONE ADJOURNMENT Commissioner Edelstein moved for adjournment at 90:35 p.m., seconded by Commissioner Larnard; unanimously carried. CHAI~N OF PLANNING COM~IISSION PLANNING/' COMMISSION RECORDING SECRETARY