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HomeMy WebLinkAboutPC Minutes 04-13-70MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMISSION APRIL 13, 1970 CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL The meeting was called to order by Chairman Webster at 7:30 p. m. Led by Mr. Halus. Present: Commissioners: Curtis, Ludwig, Halus, Mahoney, Webster Absent: Commissioners: Larnard, ]k~r, lstein IV. APPROVAL OF MINUTES PUBLIC HEARINGS Others Present: James G. Rourke, City Attorney R. Kenneth Fleagle, Ass't. City Administrator-Community Development Director Jeannine Lindsey, Planning Commission Recording Secretary It was moved by Mr. Mahoney, seconded by Mr. Halus that the minutes of March 23, 1970, be approved as submitted. MOTION CARRIED 5-0 1. UP-70-338-PROPERTY RESEARCH MANAGEMENT CORPORATION. To permit a pre-school nursery within an apartment house project now under construction. Location: South side of Main Street, approximately 800 feet westerly of Williams Street. Mr. F~eagle stated that the applicants were granted a Use Permit for construction of a 246 unit multiple residential development on March 10, 1969. The present zoning of the property is a R-3 (1700) (Multiple Family Residential District). A nursery school would be permitted in an R-3 District provided there was approval of a Use Permit and subject to development criteria. It was further stated that the applicants are proposing the nursery school be an integral part of the overall apartment complex. Yhe complex is solely comprised of young families and the prerschool nursery will be able to accommodate 42 children. The recreational structure in the east-central portion of the apartment project will be used as the nursery school. The Development Preview Committee reviewed this application and requested that an additional building area be provided for adult recreational purposes and that the children attending the school be limited to those living in the apartment complex. Chairman Webster opened the public portion of the hea~ing at 7:40 p. m. Mr. Mark Sarrow, 1333 Westwood Boulevard, Los Angeles, represented. Property Research Management Corporation. 4/13/70 PC Minutes 4/13/70 · Mr. Sarrow stated that at the time the project was initially conceived, plans were made to develop a complex primarily for young families · .with a recreational facility rather than a pre- school. The building is now under construction and will be used for a nursery if the Use Permit is granted for this purpose. He further stated that it was their intention to use this building as a dual purpose. Normal operation of the pre-school would not be in conflict with recreational uses in the evenings or weekends. The hours for the school are 7:30 - 8:00 a. m. through 5:30 in the evening and this would not create any problem as far as limiting the recreation of any of the tenants after these hours. It was pointed out by Mr. Sarrow that the school would be enrolled primarily by the children at the complex. It was also mentioned that this development is similar in nature to one existing in Fountain Valley and would be run basically in the same manner. He further stated that there are 246 units in the project with 369 parking spaces which meets the minimum parking requirements. Chairman Webster inquired if the operation of the pre-school would be leased to a third party operator. Mr. Sarrow replied that it would be operated by a separate staff not by Property Research Management Corporation. The lease provides for joint usage of the facilities. Mr. Sarrow stated that there is an age limitation of five years in order to be eligible for the pre- school, thus there may not be enough children in the complex to support the school and for this reason they would like for the school to have an open enrollment. Mr. Mahoney inquired if there were a lunch room in the pre-school area, and if this would present any conflict to the tenants using the kitchen facilities in the evening? Mr. Sarro~ stated the lunches were very easily prepared in the morning for that days use. Mrs. Nancy LaShell was also present and was representing the school teaching staff.' She mentioned the importance of having the school open to other children in the area. She felt that if outside children were allowed to fill the enrollment vacancy, they could have better teachers, keep the school in good repair and well equipped so as to stand on its own merits financially. She further stated that the lunches would present no problem as they are very simple and easy to prePare. Mr. Bud Ashworth, director of Country Day School in Tustin also spoke in favor of the project. He stated that parking would not present any problem for most children would be walked to the school by their parents. There will be only three staff members who will be using the parking spaces'all day. He again reiterated the need to have the o~tion of allowing other children from the area to participate in order to make it a successful business. ' 4/13/70 -2- PC Minutes 4/13/70 There being no further discussion from the audience, the public portion of the hearing was closed at 8:20 p. m. Mr. Halus stated that parking did not seem to be a problem and he was very much impressed with the persons who would be running the pre-school: Nancy LaShell and Bud Ashworth. He suggested that the priority of enrollment of students be given to those residing within the apartment complex rather than to specifically limiting enrollment to those residing within the complex. It was moved by Mr Halus, seconded by Mrs. Ludwig, ~-ha~ Resoiution No~ 1151 be adopted approving ~'~ication number UP-70-338 su~'~',ct to: Compliance with requirements of the Fire Department. Priority of enrollment of students be given to those residing within the apartment complex. The above motion was amended by Mr. Halus, seconded by Mrs. Ludwig, stating that UP-70-338 would be in effect for five years subject to reconsideration at that time. The above amendment was voted by roll call: AYES: NOES: ABSENT: Halus, Ludwig Mahoney, Curtis, Webster Larnard, Edelstein AMENDMENT DENIED 3-2 The original motion was voted by roll call: AYES: NOES: ABSENT: Halus, Curtis, Ludwig Mahoney, Webster Larnard, Edelstein MOTION CARRIED 3-2 2. UP-70-339- L. DENNIS HUTCHISON ON BEHALF OF W. L. SNEED AND BEN FIORE To expand an existing private amusement park by the installation of amusement devices known as sock-a-tube cars and giant space pillow. Location: North side of First Street extending ±220 feet westerly of the centerline of Myrtle Avenue (721 West First Street) Mr. Fleagle stated that the property is located in a C-l'Dis~rict adjacent to Newport Freeway. It presently houses a miniature golf course and a cafe· The miniature golf course is a non-conforming use in a C-1 District. Nine parking spaces and a driveway approach would be eliminated by the installation of sock-a-tube cars. A professional office building and an apartment house complex is facing the proposed sock-a-tube area to the east. Reports of the Fire -3- 4/13/70 PC Minutes 4/13/70 Mr. Fleagle further stated that the best use of the · ~ubject location is other than an amusement park. The general appearance of the site leaves much to be desired in the way of a pleasant asset to a major ~ntrance to the City. The staff objects to the sock-a-tube cars which are gasoline powered. The noise factor would also present a problem to the nearby structures. There is no objection to the giant space pillow on the proposed location. It was pointed out that the Staff approves the portion of the Use Permit that pertains to the space pillow subject to: ae Conformance with the stipulated requirements of the Fire Code as determined by the Fire Chief. The ded%cation of additional street right-of-way in the form of a 15 foot radius "corner cutoff" as stipulated by the City Engineer. Co Site review by the Development Preview Committee for the purpose of recommending aesthetic improvements for the benefit of the leaseholder and community. He further stated that the Staff had received items of correspondence from the First Street Professional Building, 661 West First Street, Tustin, signed by Robert Spurzem, Richard K. Eirich, S. Robert Nystrom, W. F. O'Connell, Thomas O'Sullivan, Shirley Schneider, Henry Eastman, Doris Johnson and Atilis Martinez, all medical doctors who were opposing the application. They find the noise will be a disturbing factor in the operation of their medical practice. Another piece of correspondence was received from W. L. Tadlock which stated that the Use Permit be denied on the basis of noise pollution and incompatible coexistence with existing and future business development on First Street. A petition was received from Rancho Yorba Apartments with 38 names of tenants listed thereon, all opposing 'the application. The petition was signed by Virginia B. Devens, resident manager of the Rancho Yorba Apartments. The Big Brothers of Orange County also opposed the gasoline driven miniature cars. Mr. John A. Siegel, realtor, 18001 East Fourth Street, Tustin, who owns the property across the street from the amusement park (720,722,730,736 and 740 West First Street) opposed the initial installation and the sock-a-tube cars. Chairman Webster opened the public portion of the hearing at 8:45 p. m. Mr. Ben Fiore, 721 West First Street, Tustin, expressed his concern to all of the objections received on his application. He stated that he and his co-owner, Mr. Sneed, had made many improvements on the property and was stressing good clean fun for families. 4/13/70 -4- · PC Minutes 4/13/70 He commented on the paint of the cafe being called gaudy by the Staff Report and he said their object was to be something that was different and out of the ordinary. He felt these wild colors used for the animated animals were appealing to the children and that they were fulfilling their purpose. Mr. W. L. Sneed, co-owner of the Goony Golf, commented on the noise factor of the sock-a-tube cars not being the great annoyance that is imagined. Their objective is to cater to families to have a nice clean outdoor fun that is economical and that everyone can afford. Others, speaking in opposition to the application were: Dr. W. F. O'Connell, 661 West First Street, Tustin, felt the noise factor would be a significant point and that part of the professional buildings p~rking facilities would be taken up. Also, the general appearance of the property was not an asset to the surrounding area. 2. W. R. Tadlock, 135 Myrtle, Tustin. 3. Charles Dickson, 140 Yorba, Tustin, who is representing Coldwell, Banker & Company, managing agents of Rancho Yorba Apartments, pointed out that the buildings on the end of the tract are arranged so that the patios of the particular apartments would be the sounding board rather than the back of the building thus causing an annoyance factor to the tenants. 4. Enrich Seretti, 741 West First Street, Tustin. 5. Gil Bor~ess, 140 Yorba, Tustin. Chairman Webster declared the public portion of the hearing closed at 9:15 p. m. It was moved by Mrs. Ludwi~ seconded by Mr. Halus that U. P.-70-339 be denied on the basis of non- com~atibilit~ with surrounding property uses. MOTION CARRIED 5-0 3. ZC-70-211- WILLIAM W. ZINK~ JR. Zone change from R-4 (3000) to PC-R-3 (1800) to authorize 111 deluxe apartment units to be constructed on a 4.75 acre parcel. Location: East side of Red Hill Avenue approximately 300 feet southeasterly of Mitchell Avenue. Mr. Flea~19 stated that the General Plan designates the area as high density development (12.5 units per acre) under the existing R-4 zoning, it would be permissible to develop one-family dwellings, two-family dwellings and apartment houses, each with 3000 square feet of land area per unit. This particular site is a major artery with probability of increased traffic counts. 4/13/70 -5- PC Minutes 4/13/70 He further pointed out that the Orange County Planning Department is considering the rezoning of Red Hill Avenue property to R-2 and R-3 District. As a condition of approval, the Fire Department Yequires an approved water main and hydrant system, adequate access to and through the property and the placement of fire estinquishers. The City Engineer requires dedication of street right-of-way, street and property, frontage improvements, street lighting, accommodation of irrigation facilities and street trees. 'The development plans have been reviewed by the Development Preview and determined the proposed development is considered a well designed complex with adequate buffering of the development from surrounding properties. The development plan calls for 201 parking spaces or 35 more than required by the Zoning Ordinance. It should result in a high quality, high valued, complex. Chairman Webster op~ed the public hearing at 9:30 p.m. · Mr. William W. Zink, 18002 Bryce Place, Santa Ana, stated that he and Bill Barry were co-owners of the project. He further pointed out that they had two alternatives- - garden apartment project, duplex- triplex, four-plex apartment. Mr. Zink stated he would like a higher, deasity of units and lower people density. He proposes 111 units with 67-one bedroom apartments and 9-bachelor apartments. 70% of what he is attempting to build will be small units. Mr. Joseph A. Sinnott.~ 1576 Mitchell Avenue, Santa Ana, Chairman of the Board of Directors of the Brighton Terrace Adult Condominium stated ~hat he was representing many of the surrounding people to the project and that they were very much in favor of the development. There being no one speaking in opposition and no further testimony from the audience, Chairman Webster closed the public portion of the hearing at 9:50 p. m. It was moved by Mr Mahoney, seconded by Mr. Halus that Resolution No['1152 be adopted a~pro~in~ application number ZC-70-211 subject to the following: Compliance with the stipulated requirements of the city Engineer and Fire Chief. Review and final approval of development plans by the Development Preview Committee. The plans and renderings be a part of the approval. MOTION CARRIED 5-0 Chairman Webster declared a recess at 9:50 p. m. The meeting was reconvened at 10:00 p. m. 4. ZC-70-210-R. T. FRENCH DEVELOPMENT COMPANY To rezone subject property from the existing R-3 and R-1 to PC-C-2 and PC-R-3, in order to permit a planned community development consisting of a 216 unit, one, two and three story apartment complex and a two-story office structure on 4/13/70 -6- PC Minutes 4/13/70 subject property. Subject proposal would be the western portion of an overall master plan of development, consisting of approximately 43 acres of land. The eastern portion of the total proposal has had development plans approved by Orange County and includes more office structures,. a neighborhood shopping center and a more than doubled expansion of the apartment complex. Location: East side of Yorba Street with a frontage of approximately 990 feet and is approximately 300 feet south of the centerline of 17th Street. Mr. Fleagle stated that the subject property has been one of controversy from Foothill Home Owners Association. The P}~nning Commission and City Council have expressed their ideas for a development compatible with the County and north Tustin area. The County has approved a zone change for the adjacent property to the east of subject application authorizing construction of a shopping center, professional buildings and apartment complex. The primary issue, as stated by Mr. Fleagle, is to determine the most compatible development for the parcels within the City that will be adjoining the commercial complex as well as bordering the high quality residential development to the south. Special concern of the Staff would be the following: The long double-loaded parking tunnel on the southerly boundary. Other developments within the City have r~quired design treatment that would create relief through landscaping, changing traffic patterns and the creation of an interesting skyline effect for the surrounding and adjacent residential properties. The configuration and proximity of the three story apartment structures. Because of their height and alignment, the Committee is desirous of alleviating the tunnel effect and creating a more desirable environment. In consideration for the size of the total complex, park dedication is a reasonable requirement. It was pointed out that the Development Preview Committee further desires the Planning Commission and City Council establish the maximum density of the residential project within the City of Tustin with specific authority being granted to the Development Preview Committee to reduce the density if deemed essential to gain the desired amenities and design criteria. Chairman Webster opened the public portion of the hearing at 10:15 p. m. Mr. Vinton Frost, represented Burke Kober Nicolais Archuleta, the architects for the R. T. French Development Company. He mentioned that they have made every attempt to buffer 4/13/70 PC Minutes 4/13/70 BUSINESS commercial and residential territory that is zoned a lower density. They ask only that subject · to the review board and to architectural control that the zoning be favorably passed on and that the density whatever is acceptable to the City be agreed upon. Chairman Webster in~.uired as to the height of the buildings which Mr. Frost said was under 35 feet. Mr. Frost stated that in reference to the lower portion being dedicated to a park. He felt there would be a parking problem and that it should be studied further as to how it could be best used. Those opposing the application were as follows: Jack De Jries, 17351 Jacaranda Avenue, Tustin, expressed concern as to drive and garages on the southern boundary. He stated he would like re-location of the garages and drive a~ one-story apartments would be. located in that particular area. He also expressed opposition to the proposed park. Harry Wagner, 17331 Jacaranda Avenue, Tustin. Salomon Shapiro, 14222 Mimosa Lane, Tustin. Mrs. Harry. Wagner, 17331 Jacaranda Avenue, Tustin. Ralph Y~aman, 14242 Acacia Drive, Tustin. Chairman Webster declared the public portion of the hearing closed at 10:55 p. m. Mr. Fleagle stated that the Staff withdraws its recommendation that the southerly parcel 138' x 242' be dedicated to the City of Tustin for park purposes, on the basis of the testimony of the adjoining property owners in Qpposition to the open land dedication and their approval of single story apartments in the area. Mr. R. T. French stated that he has met all county building requirements and that he will petition for annexation the bulk of the 43 acres now in county territory. Chairman Webster declared a five minute recess at 11:10 p. m. in order to change the tape recorder. It was moved by Mr. Mahoney~ seconded by Mrs. Ludwig that ZC-70-210 be continued to the next regularly scheduled Planning Commission meeting on April 27~ 1970. MOTION CARRIED 5-0 It was moved by Mrs. Ludwig, seconded by Mr. Mahoney tha~ we take New Business before Old Business. MOTION CARRIED 5-0 1. IRVINE CENTRAL AREA GENERAL PLAN Mr. Fleagle stated that the Irvine General Plan will be presented to the TNT on' Friday morning, April 17, 1970. He further stated that a public hearing will be scheduled in May by the Orange County Planning Commission. -8- 4/13/70 PC Minutus 4/13/70 VII. OLD BUSINESS The General Plan is to be reviewed by the Commissioners so that they will be better acquainted with its effect upon the City of Tustin by the hearing date. 2. PARCEL MAP (PM-70-34) - CECIL SUDDABY To divide parcel for purpose of sale and development of Parcel 3. Location: Northeast corner of First Street and Newport Avenue. Mr. Flea~le stated that it was the City Engineer's recommendation that the Parcel Map be approved upon development of Parcel 3, an inlet structure from the northeasterly corner of Parcel 3 into the Flood Control Channel be i~talled with final approval of the City Engineer and'recordation of the map. Mr. Cecil Sudda~y was present and stated his approval of the City Engineer's recommendation. It was moved by Mr. Halus, seconded b~ Mr. Mahoney that a minute order be adopted approving Parcel Map (PM-70L34). MOTION CARRIED 5-0 UP-68-276 - CONVALESCENT HOSPITAL (SOUTHERN CALIFORNIA FINANCIAL CORPORATION) Location: Bounded by Newport, Bryan and Main Streets. Mr. Fleagle stated that on December 8, 1969, the City of Tustin Planning Commission granted an extension of a Conditional Use Permit for a convalescent hospital on Bryan Avenue. Due to the unusual problem in the money market in the past 6 months, Southern California Financial Corporation has been unable to secure financing. They are requesting an extension for an additional six months. It was moved by Mr. Halus, seconded by Mrs. Ludwig, that Resolution. No. 1153 be adopted a.~proving~ a 6 month extension be granted on a~pllcat~on number UP-68-276, On the finding of no significant Changes in the immediate area since the initial a~roval of the Use Permit. MOTION CARRIED 5-0 VIII. OTHER BUSINESS PENDING APPLICATION: UP-70-340-TRI STATE ENGINEERING COMPANY Location: To permit the construction of a drive-in cleaners. Southeast corner of Laguna Road and E1 Camino Real. 4/13/70 -9- PC Minutes 4/13/70 ~ ~'u. ~.. 2. STAFF ERPORTS Appeal Procedure of Planning ,C,ommission Decis,ion Mr. Fleagle stated that the Ordinance was a pending .matter and placed in the folder for review by the Commissioners. He pointed out that the Ordinance. would be reviewed by Mr. Rourke and presented at another meeting. 3. CONCERNS OF THE PLANNING COMMISSION a. Unclassified Uses in C-1 Zone Mr. Fleagle stated that there were two business license applications submitted to the City for a slenderizing salon for women and one for a physical fitness club for men. It would be necessary for the Planning Cmmission to determine if these uses are compatible within a.;~-i zone. and are subject to a Use Permit. It was moved b~ Mrs; Ludwig seconded bx Mr. Mahoney that sUgh uses a~e COmpatible u~es in the C-1 and C-2 DiStricts, subject, t? the requirement of' a .Use permit. ' MOTION CARRIED 5-0 b. Capital Improvement Program Mr. Fleagle introduced to the Planning Commission that there is a Capital Improvement Program for the City under preparation now. All department heads have been requested to submit all their future needs. The Planning Department will be compiling this Capital Improvement Program and it will be presented to the P%anning Commission for review. Mr. Halus commented that the Planning Commission would like to state their appreciation to the Development Preview Committee for incorporation of their comments in the Staff Reports prior to the stated meeting. Mr. Fleagle introduced the new Zoning Administrator and member of the Planning Staff, Mr. Pat Brown. Xe ADJOURNMENT It was moved b~ Mrs. Ludwi~ seconded ~y Mr. Mahoney that the meeting be "~djourned. ' MOTION CARRIED 5-0 There being no further business to come before the Commission, Chairman Webster declared the meeting closed at 12:05 . m. 4/13/70