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HomeMy WebLinkAboutPC Minutes 08-10-70 MINUTES OF THE REGULAR MEETING -, .~. :.% ,,' OF THE CITY OF TUSTIN PLANNING COMMISSION AUGUST 10, 1970 The regular meeting of the City of Tustin Planning Commission was held on the 10th day of August, 1970, 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 Mahoney. ROLL CALL: Present: Absent: Others Present: Edelstein, Curtis, Mahoney, Sharp, Larnard None James G. Rourke, City Attorney R. Kenneth Fleagle, Ass't. City Administrator- Community Development Director D. L. "Pat" Brown, Ass't. Planning Director- Zoning Administrator Jeannine Lindsey, Planning Commission Recording Secretary APPROVAL OF MINUTES OF REGULAR MEETING JULY 27, 1970 Moved by Mr. Sharp, s'econded by ~r. 'Edelstein, that the minutes bf Jul~ 27~ 1970, be a~roved Rs 's~bmitted. MOTION CARRIED 5-0 UP-69-321 - BRANCUSI FURNITURE STORE Authority to permit possible revocation of UP-69-321, requiring site improvements, initiated by the Planning Commission. Location: Site is located at the Northwest corner of E1 Camino Real and Second Street. Mr. Brown pointed out that this case was considered by the Planning Commission at their July 27, 1970, meeting. .He went on to say that the action was initiated by Staff as a result of the applicant's non-compliance with either removal or providing adequate fire separation protection for a two-story garage located at the rear'o~ the furniture store. Mr. Brown stated the applicants have contacted Staff and indicated they have a contract to have the garage removed. Staff pointed out that there is some evidence of demolition in progress. Chairman Larnard opened the public portion of the hearing at 7:40 p.m. There being no comments from the audience, the publi~ portion of the hearing was closed at 7:41 p.m. Mr. Sharp inquired from Staff as to evidence such as a copy of the demolition contract for subject property, to further supplement the intentions of the applicant to remove said structure. Mr. Brown replied that there has been no written or concrete evidence of said destruction presented to Staff. 8/10/70 -1- PC Minutes-August 10, 1970 Moved by Mr. Edelstein, seconded for discussion by Mr. Curtis., that the Planninq Commi. ssion recommends to the City Council that UP-69-321 be revoked on the basis that continuance of this Use Permit would be injurious and detrimental to the health, safety and Welfare of the surrounding properties, subject to a further finding bY the City Council that the~ is constructive eviden6e of complyin~ with the conditions imposed b~ the City Council. MOTION CARRIED 5-0 COMMERCIAL PLANNED DEVELOPMENT Mr. Fleagle stated that this item was continued from the July 27, 1970, Planning Commission meeting in order to incorporate the comments of the Development Preview Commission. Staff pointed out that the Development Preview Commission has no formal findings to report. The Development Preview Commission did discuss the parking standards for the professional service activity be 300 square feet of gross floor area and that the medical and dental clinics were a special product of their own with no way of controlling their requirements - "one space for each two Staff members but not less than one space for each 250 square feet of gross floor area is a standard requirement". Chairman Larnard declared the public portion of the hearing open at 7:55 p. m. Mr. Charles Greenwood, 366 East First Street~ Tustin~ spoke as chairman of the TNT Committee, in stating his support for the adoption of this ordinance. There being no further audience participation, the public portion of the hearing was closed at 7:58 p.m. Mr. Curtis stated that he felt the. real purpose of this ordinance was to encourage joint parking utilization through joint development of a parking area. Moved by Mr. Curtis, seconded by Mr. Edelstein that Resolution No. 1172 be adopted recommending approval of the Commercial Planned Development to the City Council. MOTION CARRIED 5-0 ZC-70-216-COVINGTON BROTHERS, ON BEHALF OF MARVIN L. & WANDA L. BOSE. Authority for a zone change of subject property from the PC-R-3(1750) (Planned Community Multiple Family Residential, 1750 square feet of lot area per dwelling unit) District to the PC-R-3(1350) District (Planned Community Multiple Residential, 1350 square feet of lot area per dwelling unit). Location: Site frontJ apprbximately 214 feet on the west side of Williams Street and is located approximately 774 feet north of the centerline of Mc Fadden Street. Mr. Brown stated that the application was originally heard by the Planning Commission at their July 13, 1970, meeting. The applicants requested a continuance to revise their plans. Staff pointed out that another letter has been received requesting a further continuance to the August 24, 1970, Planning Commission meeting enabling them time to reduce the density on the original plans. 8/lO/7O -2- PC Minutes-August 10, 1970 Moved by Mr. Edelstein, seconded by Mr. Sharp, that ZC-70-216 be continued to the August 24, 1970, Plannin~ Commission meeting. MOTION CARRIED 5-0' ZC-70-218 - R. B. HORNE, ON BEI~LF OF G. L. A. DEVELOPMENT CO. A zone change is requested from the R-3(%750) Multiple Family District to the C-1 Retail Commercial District. Location: Subject property is located at the northeast corner of Newport Avenue and Walnut Avenue. Mr. Flea~le presented a film of land uses on the southeast and northwest sides of Newport.Avenue, south of the Santa Ana Freeway. Staff stated that this rezoning request has been filed in conjunction with a Use Permit (UP-70-347) application to permit a walk-up restaurant with outdoor eating facilities. This proposed development would occupy the northeast 90 feet of subject parcel. The southwest portion of 200 feet is undeveloped and unplanned at the present time. It was pointed out by Mr. Fleagle that the City Engineer required street improvements for the entire property on Newport Avenue and Walnut Avenue; dedication of an additional 10 feet for the widening of Walnut; dedication of a staDdard "cutoff" at the intersection of Walnut Avenue and Newport Avenue; the installation of street lights per city standards along both frontages and necessary relocation of any existing water or irrigation facilities. Staff has advised the applicant that exception is not taken to the zone change but feel there is a burden of proof upon the applicant to show a change of condition to warrant the zone change. The public portion of' th~ hearin9 was opened at 8:15 p. m. Mr. George Ar~yros, 17291 Irvine Boulevard, Tustin, spoke on behalf of G. L. A. Development. He stated there were several basic reasons why the property.should be rezoned: 1. Increase tax revenue to the City. 2. The property strongly conforms to the surrounding land uses. 3. The subject property is now located on a primary highway. 4. Traffic count is overwhelming. 5. There is a need fo~ concentration of commercial to a primary intersection. 6. Property is an unusual marketing area with a large concentration of high density in a limited area. 7. The rezoning would be in the highest and best use of the land and in the best interest of the City. Mr. R. B. Horne, 14821~ Hillsboro Place, Tustin, stated the use of the property would be for a Convenient type restaurant with dining and take home services.. The restaurant would specialize in pork and beef hickory smoked ribs that would offer a need to surrounding residents. He went on to say that the business would be owned by himself and fwo other members of the community. Mr. Horne pointed out that this~ particular location was the most desirable one he had found for it insured them the success they needed for their first uni~ by its bordering to the Santa Ana Freeway and Newport Freeway'. He felt there would be no noise factor involved which would effect the apartments for they were well buffered. The hours of' operation would be 11:00 a.m. to 9:00 p.m. 8/ 0/70 -3- PC Minutes-August 10, 1970 Others expressing their approval were: Mr. John Sauer, 1652 Summerville, Tustin. Mrs. Ron C. Des Jar~en, 14801 Ridgeboro, Tustin. Mr. Ron Allen, 1651 Roanoke, Tustin. Mr. Charles Greenwood, 366 East First Street, Tustin. A letter of opposition was received from Robert Hall & Associates~ 17452 Irvine Boulevard, Tustin, which stated that as part owner of the Cordova Apartment House, he felt that any use other than R-3 or professional would take away value from his property. Chairman Larnard declared the public portion of the hearing closed at 9:00 p.m. Moved by Mr. Mahoney, seconded by Mr. Edelstein that ZC-70-218 be recommended to City Council for zone change from R-3 to C-1 subject to: Granting of ten feet of additional right-of-way fob Walnut Avenue and a standard corner "cutoff". ® Installation of curb and gutter and street pavement along both frontages. 3. Installation of street lighting along both frontages. Completion of satisfactory arrangements with the Metropolitan Water District for any relocation of their facilities necessary to permit construction of the street improvements. Completion of satisfactory arrangements with the Santa Ana Valley Irrigation Company for any relocation of irrigation facilifies0necessary to permit construction of street improvements. The above motion was voted by roll call: AYES: NOES: MAHONEY, EDELSTEIN CURTIS, SHARP, LARNARD MQTION DENIED 3-2 UP-70-347-R. B. HORNE, ON BEI~LF OF G. L. A. DEVELOPMENT CO. Authority is requested for approval of a take-out restaurant with outdoor patio eating facilities. Location: Site fronts approximately 90 feet on the southeast side of Newport Avenue, approximately 240 feet northeast of the. centerline of Walnut Avenue. Mr. Fleagle stated that in view of the negative action taken by the Planning Commission, that this case should be continued in order for the City Council to act on Z. C.-70-218. Moved by Mr. Sharp, seconded by Mr. Curtis, that UP-70-347 be continued to the September 14, 1970, Planning Commission meeting. MOTION CARRIED 5-0 8/10/70 -4- PC Minute.s-August 10, 1970 PARCEL MAPS 70-36, 70-37, 70-38, 70-39, 70-40- II. B. DEVELOPMENT COMPANY. Mr. Brown stated that' the Commission continued consideration of these five parcel maps to the August 10, 1970, Planning Commission in order to give the applicant time to revise their maps. H. B. Development has appealed the decision of V-70-270 which was to permit less than the minimum lot frontages. Moved by Mr. Curtis, seconded by Mr. Edelstein tha~ Parcel Maps 70-36 through 70-40 be contihued to the August 24, 1970 meeting. MOTION CARRIED 5-0 SANTA ANA ELECTRIC REQUEST FOR OVERHEAD SERVICE Location: 750 West First Street - Southeast corner of First Street and .Pasadena Avenue. Mr. Brown stated~that the property in question is a residential structure presently being used as a bookeeping office. The applicants are requesting overhead installation from Pasadena Street rather than from their existing lines which cross First Street to the house structure. Mr. Brown went on to say that the Building Official approved the applicants request for overhead servicing and stipulated that if a new structure was ever erected and the present structure removed, the owners should offer no protest to an a~sessment district for underground lines. Moved by Mr. Mahoney, seconded by Mr. Curtis, that Resolution No. 1173 be adopted approving the Overhead Servicing for Santa Ana Electric subject to: No further pof~s would be ~nstalled. Signing of an agreement to be prepared by the City Attorney waiving the right of protest in the formation of an underground wiring district including subject property. MOTION CARRIED 5-0 PENDING APPLICATIONS - For meeting of August 24, 1970 1. UP-70-349-THE DOUGLAS OIL COMPANY OF CALIFORNIA Request for authority to add a third lubrication bay and renovate an existing service station. Location: Site is'located at the westerly corner of Newport Agenue and Laguna Road with frontages of approximately 120 feet on Newport Avenue and 139 feet on Laguna R~ad. 2. UP-70-348-THE ARBORETUM, INC., ON BEHALF OF LUMBERMAN'S MERCANTILE COMPANY Request for authority to establish a retail garden nursery center with an outdoor sales area on M-zoned property. 8/10/70 -5- PC Minutes-August 10, 1970 UP-70-348 (Continued) Location: Site is located southeast of the intersection of the Newport Freeway-Edinger Avenue northbound off-ramp and westerly of the A.T. & S.F.R.R. tr. acks, approximately 369 feet northwest of the centerline of Del Amo Street. STAFF CONCERNS: AMENDED SWIMMING POOL ORDINANCE Mr. Fleagle stated that the City Council amended Section 5.16 of Ordinance No. 157 as recommended by the Planning Commission. Their modification stipulated that filter and heating systems for such pools shall not be closer than thirty (30) feet to any dwelling other than the owners. Moved by Mr. Sharp.,. seconded b~ Mr. Edelstein, that the Planning Commission concurs with Ordinance No. 476 as amended by the City Council pertaining to the location .of swimming pools. MOTION CARRIED ~-0 DIVERSIFIED SHOPPING CENTER - DRAPER - Red Hill Avenue Mr. Fleagle inquired as to a Planning Commission interpretation of Resolution #286 pertaining to Section "L" of the conditions with reference to signing. "Signs for individual tenants shall be located under the walkway canopys or on walls and shall be limited to an area of 2 square feet per lineal foot of building or portion of the building frontage occupied by the tenant in which tks main entrance to the business is located". ' Mr. Flea~le mentioned a request was received from the tenants asking for an additional wall sign that would be visible to pedestrians on the sidewalk and perpendicular to the building. Moved by Mr. Sharp, seconded b~.Mr. Edelstein, that onl~ one sign be permitted ~er business an the Diversified Shopping Center. MOTION CARRIED 5-0 CONCERNS OF THE PLANNING COMMISSIONERS  r. Fleagle presented the Orange County Progress Report for the nformation of the Commissioners. Mr. Mahoney expressed concern as to illegal use of radio antennas over the residential.a~eas of the City. Moved by Mr. Mahoney, seconded b~ Mr. Ed~lstein that the meeting be adjourned. MOTION CARRIED 5-0 There being no further business, the meeting was adjourned at 10:00 p.m. by Chairman Larnard. PLANNING COMM-I~S~ON CHAIRMAN; ~LANNIN~ COMMISSION RECORDIRG SECR~ThR~ s/ 0/70