HomeMy WebLinkAboutPC Minutes 08-09-71 MINUTES OF A REGULAR MEETING
OF THE
CITY OF TUSTIN PLANNING COMMISSION
AUGUST 9, 1971
The regular meeting of t])e City of Tustin Planning Commission was
held on the 9th day of August at the )]our of 7:30 p.m., of said
day in the Council Chambers, 275 South "C" Street, Tustin, Calif.
The Pledge of Allegiance was led by Commissioner Curtis.
The Invocation was given by Commissioner Edelstein.
R~].]. CALL
Present:
Absent:
Others
Present:
Larnard, Curtis, Edelstein
Sharp
R. Kenneth Fleagle, Asst CA - Comm. Development Director
Pat Brown, Asst. Planning Director
Jean Smith, Planning Commission Recording Sect'y.
AP?ReVAL OF MINUTES
OF RI.iGULAi{ MI..'ETING
OF JULY 26, 1971
Moved b%, Mr. Edelstein, seconded by Mr. Curtis, th~ t the minutes of
the July 26, 1971, meeting be approved, as submitted.
MOTION CARRIED: 3-0
PUBLIC IIEARING NO. 1
ZC-71-226 .- Joh~ ~. and Jeanne P. Siege_~l
Request for rezoning an approximate 2.8 acre parcel of land from
the R-3 (1600) (Multiple-Family) District to the P-C-C (Planned
Community - Commercial) District - Portion A; and the C-1 (Retail
Commercial) District - Portion B.
Location:
Site fronts approximately 257 feet on the north side of
First Street, approximately 160 feut westerly of the
center line of Fashion Lane.
Mr. Fleagle presented a summary of the Staff Report stating subject
property is presently developed as the single-family residence of
the applicants. Portion A, constituting the bulk of the property,
is proposed to be rezoned to Planned Community Commercial, however,
no plans ]lave been submitted on this development.
Portion B, located at the southeasterly corner ~ f the total property,
witl~ a frontage of 60 feet on First Street, wit]~ a depth of approxi-
mately 290 feet, the applicants indicate this portion is being
acquired and added to adjacent C-1 zoned property. It will be
utilized for the dew~lopment of a new bank facility, and again,
no plans have as yet been presented to the City for development
of this site.
It is noted that a parcel map ]]as been filed in conjunction with
tl~e )~roposed zone change application and development plans.
It i'~.; Staff's feeling theft rezoning of Portion B to C-I would be
thc ]')ro~)oflf>('J bfln].: flJ J'(~ an(J I'-C-C for ]~ortJ.oIl A woul(i allow the ap-
plicn]lt bo[.l~ j~'()f{,:;nional a]~d r(3tnil co;~lm(>rc].~ll u~;es, hilt at the
snm(, I ]m(~ w.-.ul(] r()(lUJr(, l.]~(~ ~;~l~;nL~;nL(.)n ()1' ])]-ocise l~l,]~lf; fo~' any
i~,,'~i~¢~;,.'~1 d:,v~lol,::~'r]t., t'l{ti:; quaranto¢:}nq t]~¢.' City ccmtro] relat].ve
al)artm()nt coral)lc>: locntc'.d nort]~ and wc~t of l~ort:.ion A.
Staff would recommend t]~at Zone Change ZC-71-226, be reco:amended
for a~i).rov;!l to the City Council, as submitted, by adoption of
Resolution ~o. 1227.
Chairman Larnard opened the public portion of the hearing at 7:51 p~.
Mr. John Siogel,' 515 East 1st Street, Tustin, spoke on his own be-
half, sta~ing that ~he deci-s-~on of the Santiago Bank to locate its
headquarter's facility at the northwest corner of Fashion Lane was
the reason for thi.~; requested zone change, and the justification
for same was stated in his application filed with the City. Itc
also added that ho was acquiring the northerly 114 ft. of Tract
6617, which would result in an L-shaped .parcel around the bank. It
was his feeling that it would be a beneficial development for the
City, and his future plans would coordinate with th,.,se cf the b.a. nk
facilit'.. IIe also remarked of his willingness to cooperate in
every way possible with the Development Preview Commission, City
Council, and Planning Commission for future development in order
t~ insure a product on the site which will be an asset to the
community.
Mr. Larnard questioned Mr. Siegel as to the disposition of the trees
on his residence property, to which Mr. Siegel replied the Cape
Chestnut would remain no matter what was developed there, as he
felt it was an asset to the location.
The public portion of the hearing closed at 7:58 p.m.
Mr. Edelstein moved that Zone Change ZC-71-226 be recommended for
approval to the City Council, by adoption of Resolution No. 1227;
seconded bv Mr. Curtis.
MOTION CARRIED: 3-0.
PUBLIC IIEARING NO. 2
UP-71-364 (Temporary) - Euqene F. Tutt
Request for permit to establish an outdoor plant nursery, with
limited retail ~ales.
Location: Site fronts approximately 110 ft. on the northeast side
Nisson Road, and is located approximately 435 ft. south-
easterly .of the center line of Red Hill Avenue·
Mr. Fleaqle gave a synopsis of the Staff Report on this use permit
appl%cation, requesting permission to establish an outdoor plant
nursery with li:',]itcd retail sales of~plant '~natcrials. f:ubjc::t
erty is presently zoned C-1 and is undeveloped. The apFlicant has
indicated he wi~]hes to temporarily lease the property for a one
yoar period for an outdoor plant nursery, with a 6 ft. kigh chain
link fence with !late access t0 Nisson Road ~.~ be constru~cted around
tho ~c'ri. mctcr of the site. A.lso, the site will be cloared of
brush, debris, etc. The applicant has also stated he dc;es not wish
to I~rovide thc necessary street improvements at this time, since
this is only a temporary use and such items would be better accom-
plis];cd at the time tho property is permanently developed.
It is Staff's feeling the proposed temporary use wou].d appear to
be more satisfactory, at least from an aesthetic standpoint, than
tho l~'c:;c~nt situation, whcre}.n (]cad orange troos are th(~ dominant
featur(~.
As ~.l~(. pro!)c'rt.y now ~;ui~(~rl:~] (,>:l:on~ive l)Jll)oards, as nonconforming
(){' I~l,' {,]'l),,l'l I',' ,1~i ll'~lll'.':;I,'~}, V.'il]l()tll
,3/9171
,Mi'. l"lc',~.:l~, .icld~','i Jlt,~L Lit,' ,,i>pl~.c:~tnt:, Mr. '['tl',..t, was ~::.~!~1c to
able to co:r,i~lY v,'i. tl~ l.l~<' r<,~!uc'.';t Lo r~;mow.~ L}~c !)i.l. lb~a~d:; from
Iii:; pro!x~.rLy, in,~:;much ,'~s thc? income dcri. ve~l front ~::rnT., was in
exeo:;.~; o£ kl~c.~ income: h(~. wc,ulci receive from lo.,'tain2 :it for a
plant nur:';~ry, and tt:_~ could not live with that condiaton.
Mr. Fl~,,'~,ll.o tile,'] e>:!~rcr;s¢~¢'t that if it is t:]~e will of the Planning
Commission to upl~old the recon%mendations of Staff that the rer~oval
of the billboards should be a condition of improvement, it would
be recommended the public hearing be opened tonight, testimony
taken from those wishing to be heard, and the hearing continued
until the next regular meeting-in order that the applicant can
be l,~ard prior to final action being taken.
Mr. Ede].stein questioned Staff as to the number and size of the
billboards on th, property. In reply Mr. Fleaqle stated there
we, re three quite large in size, of high value construction with
steel girder framework. In answer to another inquiry from Mr.
Edelstein, Mr. Fleagle stated the intent is, the nursery use would
be in existence for a one year period, after which the land would
revert back to its cleared condition.
The public portion of the hearing was opened at 8:04 p.m. by Mr.
Larnard.
Lucas Wall, 15500 Tustin Village Way, Tustin, spoke on 'behalf of his
brother and himself, who are tile lessees of the property. Basically,
he stated, it is a case of either having the property improved, by
clearing the land, landscaping the area, installing a chain link
fence and a gravel-lined driveway and establishing a retail nursery
at the location; or leaving the land as it is, an eyesore, and with
the billbc;:rds. As it is not economically feasible to ask Mr. Tutt
to remove the billboards, due to the fact the income derived from
them is far greater than what he will realize from leasing to us, it
is a question of whether you wish the property improved or left as
it is. lie added, it was their hope to estab].ish themselves in
business at this location for a year, and them move to a permanent
location in the City.
The public portion of the hearing was closed at 8:08 p.m.
Mr. Curtis declared that in light of Mr. Tutt's request that he be
give;] a chance to'appear, before final action is taken on this use
permit application, his preference would be to continue the hearing
until the August 23, 1971, meeting in an effort to see if the mat-
ter of the billboards could be resolved; s.~conded by Mr. Edelstein,
for purposes of discussion.
A discussion followed among the Commissioners and St~ff relative to
the City's position regarding the nonconforming billboards (Staff
advised the City had no legal authority to request the removal of
same as long as there is no change in the use of the property), the
plans of the applicant for the future development of the property,
and what the Commission would prefer, to allow the billboards to
stay and permit the establishment of a retail nursery for one year,
thus cleaning up the property, or allow it to stay "as is" with the
billboards, and deny the use permit application.
Ti~c motion by Mr. Curti.~ for a continuance was then voted on.
MOTION CARRII?,I): 3-0
OLD BUSINESS - None
~..'~" 8/9/71 -3-
1)
}',~]-c~'l ,'.i.',~) P;q-71-47 - lntc?rn;~Lion.']l !<cct.iF[cr Cor~)., .Red IlJ. ll
and Valencia Avenue::;.
Mr.._l..i_~o.a.q__l.c.k_prcscnt(,d Staff Re,port from the City Enui.ne.er., con-
ccru.].n(t tl~, applicant's request to create Parcel 2 for purpo.¢;cs of
immediate sale or lease, and Parcels 1 and 3 for future develop-
ment. Thc City F. ngineer has offc. re,.! f('ur alternative.q, which the
Commission may designate as conditions of approval for this parcel
map.
Additionally, Mr. Flcaql_q advised tile Commission he had received
a letter from the Irvine Industrial Complex, addressed to tile
TustJn Planning Commi. ssion, regardJ, ng this Parcel Map. The letter
reiterated that the Complex mdst take the position that no access
be pcrm'[tted onto Red Ilill Avenue, and all access for the 7 acre
site must be restricted to Valencia Avenue. Access on to Red Hill
would create a traffic hazard and also set a precedent for any
future requests for access onto Red Hill. Also, a telephone call
was received from the Orange County Road Department, stating they
concurred with tile City Engineer's recommendation pertaining to
access onto Valencia. The County Road Dept. remarked it was their
desire to retain high traffic capacity on Red Hill and would have
reservations about any access from the parcel to Red Hill.
The City Engineer's four alternatives offered to the Planning
Commission are as follows:
Deny approval of the map based upon the fact that it will
create traffic problems on a Major Arterial Highway and
is in conflict with the conditions of approval of Use
Permit 70-345 requiring access to ~alencia Avenue.
Approve the Parcel ~4ap subject to the granting of recip-
rocal easements either temporary or permanent in nature
from Valencia Avenue across the westerly portion of Par-
cels 1, 2 and 3 and to provide the much needed vehicular
access to some other street than Red Hill Avenue.
~pprove the Parcel Map subject to the receipt of a master
plan for the 33 acres which will provide either public
street or other type of access from these parcels to either
Bell or Valencia Avenue.
Approve the Parcel Map as it stands and ignore any traffic
problems which will be created on Red llill Avenue by this
map and by any other developments immediately to tke south
which may also front only on Red Hill Avenue.
The City Engineer's suggestion was the Commission follow either
Alternative 2 or 3, plus final approval by the City Engineer and
recordation of the map as well as approval of the City Attorney of
any reciprocal access agreements between the various parcels.
It is also noted there is no master plan of dev¢'.lopment for the
entire 33 acre industrial site, nor planned usage for Parcels 1 and
3 of the Parcel Map, thereby creating problems as to easements fcr
Parc¢?l 2.
Mr. Cu:-tis concurred %;ith the fact a precedent would be established
by al]ov..'ing access onto Red Ilill, and v:ould be inclined to go a!onc
with Staff's reco:'.u:]c'.ndation tllat Alterna[:ive 2 or 3 woL',l<l be the
be,~:t, and he was inclined to favor Alternative 3. Mr. I,arnard
declared he would go along with Alternati. ve 3 also.
Mr. Cur',"i:~ a;,'~v{~.~] theft Parcel Map P:,1-71-47 be approved, subject to
rcceil,t o[' a bla~t:cr Plan l~or the 33 acre parcel, which will provide
either lml)]i.c street: or otl~r ~yl)e of access from these t~.~rcc].s to
eith(,r I{(,I.'l. or V,]l(,n~:i,t Av~,nu~s, and final al>l~roval by th,~ City
]':l~gill,.,,r ,~l~i Cji.N
3-0
2)
~-i'L'[~' [-.'h-~"'-pt~l)].i~: ]~,,ar.i:~q ZC-71-226 ]~c.~ard <.,afl.itt thi.:; c.vr:nfng· To
r~iterat(,, thc., m.~rcel :ua}~ .is realigning existing bc~unclnries to
chang,,? the cxistinq three lots into another conformation. The City
Engineer's report lists thc? conditions which would be attached to
any ap?royal of this requc?st.
Mr. Edelstein made a motion that Parcel MaD PM-71-48 be approved,
subject to the conditions as outlined by the City Engineer;
seconded bi; Mr. Curtis.
MOTION CAR~.I. ED: 3 0
PENDING APPI, ICATIONS
UP-71-365 - Donald II. Bush - request to use an existing building
for purposes of private club facilities for V.F.W.
meetings.
Location: 130 South Prospect Avenue
CORRr, SPONDENCE
1) Letter from~Develooment Preview Commission to the Plann~.n_~g
Commission r. egarding sign..p, lans.
Mr. Brown remarked that at the last Co~mission meeting a motion was
made requesting the Development Preview Com~ssion to make it a
condition that sign plans must be submitted with the architectural
plans for presentation before th,~ir Body on an application for a
Use Permit.
?
This matter was discussed with the Development Preview Commission
at their July 26, 1971, meeting and at the direction of the Chair-
man, a letter was sent to the Planning Commission, stating this
matter had been of great concern to them as well. On all future
presentations before them, signing for all projects will be co-
ordinated with the total architectural aesthetics.
2)
Letter from County Supervisor, Raloh B. Clark r.egarding a
Countywid~ B.icycle System.
Mr. Flea-lc advised the Co~mission that the Board of Supervisors
have scheduled a public hearinq on August 10, 1971, on a proposed
countywide bicycle system, and maps showing the County System, and
proposed and adopted local networks have been given to the Co~mis-
sio~ers. The Parks and Recreation Cor~mission gave preliminary review
to ,J3 local bicycle system, utilizing abandoned railroad right-of-
way and flood control levees.
It would be Staff's recommendation that the Planning Co~mission
respond to the Board of Supervisors by endorsing the proposed plan,
and indicate to them you will conduct studies and hold public
hearings leading to the adoption of a local bicycle network plgn
to interconnect with the regional network.
It was agreed among the Commissioners that they did favor such a
plan and would recommend that Staff be present at the County l!ear-
ing to voice th(;ir opinions and thoughts. .."4r. Curtis suggested
that Parks and Recreation assist us by proposing what they felt
the City should adopt within an economic realm possi'.ility. Staff
a(lvi~e(] that I~arks and Recrc,~tion had don(? ,)rc:lim.i. nary work on it
~]~cl he would] a:;k Lh¢:m to c,~ordinate t:hc~i]? sugg~,:;tions witl~ Staff·
Mt.'. Ct~r[:.in m()w'd that we communicate wit]~ the Board of Su[)ervisors,
[~]'[i]:[,-:;'i r{q"-t-t'~.'-'"i]]:~[i)¢):;(',d r(":l [onal n(;twork; secondc;d by Mi-. ].:d(,].r~t(?in.
~,i()'I'I()N (;AI'.!I[];I): 3-0
~;~i't~'I~'t',' I"l,~ll'~t'il~7~- ~.'~;:mli:;::i,>n r('i;,'~l'ciin'l (.:~¢~ll:t"/ :4,¢>,'~,: Cli,,,i,t,' (.:.ir;r:
· . .~' ............ _' ...................................... .L_~ .........
My. l~-~)~.,'r~ t-ecal].ctd t.o bl~,.: Commi.:4:~ion that in June of thJ:; year, they
had a pub.[i.c hed~:ing covering this .~am¢: property for a prezoning
action (PZ-7].-]28) to prezone, frown County 1.:-4 (l{esidential Estate)
Distr~ct to the City of Tust~n PC (Planned Community - Single-family
Residential.) District, covering a proposed development of a 35-1ot
R-1 subd4, vision with substandard lot sizes. At the same raeeting
a Zone Chan~.jc l{c. qu¢?st No~ico from the County was also
covering the same property, on'which the applicant had also filed
an act4on with t]~e C( unty. A notice of hearing date of August 17,
1971, has now been received front the County, for the requested zone
change, basically requesting the same as on the City prezone action.
On the prezoning action, Planning Comumission approval was recommended
by adoption of Resolution No. 1222, conditioned to the requirements
of the R-1 District. The applicant, following your action, indicated
to the City he could not live with the conditions imposed, and with-
drew his application prior to its appearance before the City Council.
The prezoning action was thus terminated. However, his zone change
request is still active with the County, and as stated, will be
heard on August 17, 1971.
A letter has been prepared under the Planning Co%mission Chairman's
signature, to b~: sent to the Orange C6unty Planning Commission,
reiterating our original thoughts, requesting they adopt nothing
less t}.'~n what we have requested, that is minimum lot areas and
widths conforming.to the R-1 District requirements.
Mr. Curtis moved that we authorize the Chairman to direct subject
communication to the Orange County Planning Commission; seconded by
Mr. Edelstein.
MOTION CARRIED: 3-0.
STAFF CONCERNS
Mr. Flea%l_~o declared that the Commissioners expressed grave con-
cern at the last meeting over the ever increasing problem of "window
signs". For their information and perusal a packet showing various
and sundry window sign displays was presented to them.
It is Staff's opinion that enforcement of this particular type of
sign, under the Sign Ordinance, as presently written, is extremely
diff4cult, and practically ~:peaking, almost impossible to control.
Staff feels that perhaps the business community itself should have
an oi;portunity to express its feelings as to what is good taste
and tolerable, and what is objectionable. If you desire to deter-
mine th:[.~;, perhaps it could be arranged to ha'.'e a :neetin~ wi~h the
business com.munity, through the cooperation of the Chamber of Com-
merce, and delve into the matter more deeply and objectively.
Mr. Bruce Snvder, Manaqer of~ the Chamber of Commerce is in the
audionc(.., so he was asked h.Ls thoughts on thc: matter, i.[r. Sn}'der
statc, d he would .,e glad to coope%-ate and try to coordinaLe' ~uch a
meetJ, n'3 with the business community, and ~,lr. Edelstein offered the
suggc?]tJ, on ti]at pcrha!~s it would be well to have a repro~;entative
"7 "r~' S ,
freE] t.k Commun~.ty Deve].oix~]ent D~..~ ..... nent peak at that meeting
exp].,'~.n'J, ng the problems confronting the City in ]Iris regard. As
Mr. Edelstein is a memb?r of the Cha:nber of Commerce, it was sug-
gestod by Stall that ho zn~3ht act a "liaison" bc~tween the Chamber
of Cobra'.nc, fcc, and the J'lanni. ng Commission. Mr. Snydt:r agreed to
start to work on the problem and see what mighL bo done.
COMMISSION CONCERNS
Mr. Edelstein inquired as to when the road construction on Newport
Avenue, in the vicinity of Mitchell, would be completed. Staff
advised that this work was being done by the Orange: County Flood
Control District and that much difficulty was being experienced
in trying to get the lines installed. However, they are doing
their utmost on a major construction project, and it will be some
time yet before it is completed.
AUDIENCE PARTICIPATION - None
ADJOURNMENT
Mr. Edelstein moved for adjournment at 9:10 p.m.
PLANNING COMMISSION C'HAIRMAN 3
/~ING COMMISSION RECORDING SECRETARY
PC 8/9/71
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