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HomeMy WebLinkAboutPC Minutes 04-24-72MINUTES OF A REGULAR MEETING OF THE TUSTIN PLANNING COMMISSION DATE: April 24, 1972 TIME: 7:30 PM PLACE: Council Chambers, 275 South." Street PRESENT: Curtis, Larnard, Sharp, Dukleth, Edelstein ABSENT: None INDEX ROLL CALL ......................................... APPROVAL OF MINUTES OF REGULAR 1972 ...................... Carl J. Klatt ............. 7750 - Park Tustin (Hester). MEETING OF APRIL 24, PUBLIC HEARINGS - none OLD BUSINESS PM-72-53 (revised) - NEW BUSINESS Final Tract Map No. CORRESPONDENCE 1) Orange County Zone Case ZC-72-22 - southerly side of Newport Avenue approximately 300 feet northeasterly of La Colina ................. 2) Location of swimming pool heaters and filters - City Council ..................... PENDING APPLICATIONS .............................. STAFF CONCERNS l) 2) Housing Element ............................ Conservation, Open Space & Recreation Element .................................... COMMISSION CONCERNS ............................... ADJOURNMENT ....................................... PAGE 1 1 1-2 2 2 3 3-4 OF CITY OF TUSTIN PLANNING COMMISSION APRIL 24, 1972 The regular meeting of tke City of Tustin Planning Commission was held on the 24th day of April, 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 by Commissioner Dukleth. ROLL CALL: Present: Absent: Others Present: Curtis, Sharp, Larnard, Dukleth and Edelstein. None. R. Kenneth Fleag'le, Assistant City Administrator - Community Development Director Pat Brown, Assistant Planning Director Nancy Lawton, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 10, 1972 OLD BUSINESS Parcel Map - 72-53 (revised) - Carl J. Klatt - to determine developmental requirements of vacant parcels. Location: Bounded by the Newport Freeway, Carroll Way, 17th Street and a line 1340 feet north of the centerline of 17th Street. Mr. Fleagle summarized Staff Report from City Engineer stating that the Parcels #3 and #4 are currently developed as Manny's Restaurant and a Standard Oil Company service station respectively. Parcels #1 and #2 are currently vacant with Parcel #1 presently zoned R-1 (Single family resi- dential) and Parcels 2, 3 and 4 zoned C-1-P (Commercial). All the re- quired street improvements have been constructed for both Parcels 3 and 4. Curb and gutter and paving are the only improvements currently exist- ing on Parcel 2, while no street improvements exist on Parcel 1. The development of Parcel 1 will require the submission of a Subdivision Tract Map if it is to be developed under its current R-1 Zoning, or will require a zone change for development of property as other than R-1 prop- erty. Under these circumstances, it is felt that specific developmental requirements for Parcel 1 should not be made at the present time, but should wait for either the submission of a Tract Map or application for rezoning of the property to another district. Applicant should also be made aware that the closest public sewer for use of either Parcel 1 or Parcel 2 is at the northwest corner of 17th and Carroll Way and would have to be extended northerly to serve either Parcel 1 or 2. The Planning Commission reviewed this map previously at its March 13, 1972 meeting and at that time 'it was pointed out that approval would create an off-site advertising sign for Manny's Restaurant and applicant requested withdrawal of the Parcel Map. This matter has now been re- solved by a minor change in the size of Parcel 3. It was recommended that a minute order be adopted approving the Parcel Map subject to two conditions, being: Upon development of Parcel 2, the installation of street lighting with underground conduit on the Carroll Way front- age of the parcel, together with annexation to the Tustin Lighting District and the installation of approved street trees and sidewalk. z. Final approval by the City Engineer and recordation of the map. It was also pointed out that the development '0~.~arcel 1 will a~at-~ 'ically require submission of a Tract Map or Zone Change application at which time specific development requirements will be recommended. Commissioner Larnard moved to. adopt the minute order approv...g the Parcel Map'subject to'the'two conditions; seconded by Commissioner Sharp.- NEW BUSINESS Final Tract Map No. 7750 - Park Tustin (Hester) - to divide 9.367 acres into two portions. Location: East side of Yorba Street, approximately 300 feet north of Jacaranda Avenue. Mr. Fleagle advised that the Commission had seen the Tentative Tract Map. that was submitted and City Engineer certifies that the final tract map is in conformance with the Tentative Tract Map as approved. It is recom- mended by the City Engineer that the Final Tract Map No. 7750 be approved subject to final approval by the City Council, the City Engineer, submis- sion of Labor & Material Bond, Faithful Performance Bond and Monument Bond and conformance to conditions of approval outlined for Tentative Map including approval of the CC & R's by the City Attorney. This is a one lot subdivision; the parcel being divided into two lots for the purpose of financing, sale and disposition of property. It is in conformance with the Tentative Map having met all the conditions specified for approval of the Tentative. C~mmissioner Dukleth moved for approval of Final Tract Map No. 7750 as recommended by Staff; seconded by Commissioner Edelstein. MOTION CARRIED: 5-0 CORRESPONDENCE 1) County Zone Case No. ZC-72-22 - change from Ri- single-family residential -.to R2-6000 - PD-3000 - group dwellings-planned development Located: southeasterly side of Newport Avenue approximately 300 feet northeasterly of La Colina. Mr. Fleagle advised Commission of a letter written to Orange County Plan- ning Commission on May 17, 1971 reflecting the City Council's opposition to a zone change to multi-family development for that portion immediately adjacent to La Colina Drive and a letter from Staff dated April 11, 1972 reiterating the position of the Commission taken approximately a year ago, whereby the Planning Commission of Tustin opposes anything other than an R-1 development in this area. The last issue was approved by the County over the city's objection and now another proposal is pending. Chairman Curtis feels that they might want to send this to the Board of Supervisors, Mr. Clark, as a matter of information with a separate cover letter. Mr. Fleagle commented that possibly the entire packet be sent to the City Council fo~ them to direct to the Bcard of Supervisors. Chairman Curtis agreed with this suggestion, so that the Council could amplify the CommiSsion's stand or at least, endorse it. Commissioner Larnard moved; seconded by Commissioner Edelstein, that the Commission endorse the position taken by Staff and that the corresponder be forwarded to City Council for their elaboration and comment. Commissioner Sharp inquired as to how the Foothill Ilomeowners Association stands on this matter, as they were against it in the past. Mr. F~ea.gle stated that he was at the Board of Supervisors meeting to protest; and 'before the protest could be registered, the Supervisor advised that this had been worked out with the Foothill Homeowners Association and they had no objections to the proposal as presented. MOTION CARRIED: 5-0 Location of swimming pool heater and filter per Ordinance No. 476. Mr. Fleagle summarized Staff Report advising that the City Council, at their April 18, 1972 meeting, received a complaint as to the restriction requirements of subject Ordinance which reads: "Filter and heating systems for such pools shall not be located closer than thirty (30) feet to any dwelling other than the owners". 'Council referred the matter to Commission for consideration. The requirement for thirty (30) feet distance between pool filter and heater has been a condition of Ordinance No. 157 since its original adoption. Previous complaints and justified variances resulted in the Planning Commission advertising a public hearing on July 13, 1970 and recommending the deletion of this section from the ordinance, as well as amending other provisions related to the location of swimming pools. City Council adopted Ordinance No. 476 on August 17, 1970 and reinstated the requirement for a 30' separation between filter and heating systems and dwelling units other than the owners. Staff still feels that the 30' separation requirement is overly restric- tive. Fire and Building Departments have no objection to the deletion of this requirement, since in their opinion, it serves no practical pur- pose, and could continue to generate requests for variance release from this provision. Technological advances in this field have greatly allev- iated any problems associated with noise, odor, safety, etc. These units are normally far less offensive than air-conditioning equipment, which has no such severe distance limitations as to location. A realistic and equitable amendment was suggested by the Building Official in 1970, which would read: "Heater and filter units for swimming pools shall be located no closer than 3' to any property line, and shall be adequately screened from view." Staff recommends that the Commission, by minute resolution, direct them to advertise a public hearing for the purpose of amending Section 5.16, Ordinance No. 157, as amended by Ordinance No. 476, to read as stated above by the Building Official. Staff feels that in some cases 5' is far enough away and then again, 20' would not be enough, depending on where the unit was located; such as next to a garage, or next to a bed- room window. Commissioner Larnard stated that the basic concern should be with perform- ance standards as related to noise and Staff should find out how many deci- bels of perceived noise is desireable to allow, and what performance is involved. Commissioner Dukleth moved, seconded by Commissioner Larnard that the Staff be directed to advertise a public hearing for the purpose of amending Section 5.16, Ordinance No. 157, as related to the heater and filter units of swimming pools to be developed on a criteria of noise, with said amend- ment to include performance specifications for all outside mechanical equipment. MOTION CARRIED: 5-0 PENDING APPLICATION Mr. Brown advised of a Use Permit for two freestanding signs at a Standard Station at the south corner of Nisson Road and Newport Avenue. There are two freestanding signs there now, and intend to use the existing poles to put new Standard emblems on. This would raise the height of the higher sign by 9' as the top is now 35' and will then be 44' if this is approved. This was a non-conforming situation as there were two freestanding signs on the site and they will intend to have that. It will be within the 200' from ~" ~reeway which is why this Use Permit will be filed. Mr. Brown asked Commissioners to take a look at this site if possible. Fire Department advised that Inland Lumber Company, at Red Hill and ~ Edinger, is proposing to install an above ground 10,000 gall,- ~iesel fuel tank in the middle of their lumber yard. This is to servic~ .~eir vehicles and not for saiL. Sta£f. desires Commission's opinion as to whether cr not a Use Permit is a requirement in this case. Ordinance states in the "M" District ~ha~.where~r~here. ia. dangerous chemical storage, a Use-~Bermit is requix~d. '' ~ ............. Commissioner Sharp stated that in addition to the hazardous conditions, the · Commission is concerned with the total development and its visual impact. Commissioner Edelstein advised that the yard is enclosed and tank prob- ably would be hidden, unless the tank is raised. Commissioner Larnard mentioned that if the Fire Department is concerned, then it should be brought before the Commission as a Use Permit and then all things could be considered in a Public Hearing. Co~missioner Larnard moved that Commission determine that a Use Permit and Public Hearing are required; seconded by Commissioner Sharp. MOTION CARRIED: 5-0 STAFF CONCERNS 1) Housing Element - Mr. Fleagle advised that the Housing Element was in d~aft form and is completed except for the last two sections; an analysis of the Fourth Count Census Tape which has been delayed until May; and the implementation section. Rather than delaying the Public Hearing process, will prepare the element for Commission's review at the next meeting and put statistical analysis as an appendix to the report. 2) Conservation, Open Space and Recreation Element - Mr. Flea$!~ advised that it be taken' up in' a workshop session after tonight's meeting. COMMISSION CONCERNS Commissioner Edelstein questioned as to whether the color on the new fir station was the final color, and was advised by Mr. Fleagle that they wquld be ~oned down ~t the top section. As soon as the buff wall goes in, it will be contrasting dark color above that. Commissioner Dukleth was wondering about the mid-block crosswalk to Columbus Tustin playground area, a matter of concern to the Little League. What is accident record? Could it be better marked? Mr. Fleagle advised that this is County territory and the Little L~ague should direct any · inquiries to the County or thrdugh the City Council. AUDIENCE PARTICIPATION Bruce Snyder of the Chamber of Commerce stated his displeasure with the colors of the buildings at the new park. ADJOURNMENT Commissioner Larnard moved for adjournment at 8:33 p.m., for a workshop session on Conservation, Open Space and Recreation Element; seconded by ..Commissioner Sharp, and unanimously carried. · CHAgRiN OF THE PLANNING COMMISSION PLANNING COmmISSION RECORDING SECRETARY