Loading...
HomeMy WebLinkAboutPC Minutes 03-23-70MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 23, 1970 CALL TO ORDER The meeting was called to order by Chairman Webster at 7:30 p. m. II. PLEDGE OF ALLEGIANCE Led by Chairman Webster. III. ROLL CAE IV. APPROVAL OF MINUTES Present: Commission,-,~?s: Edelstein, Curtis, Larnard Halus, Maho.,,~¥, Webster Absent: Commissioner: Ludwig 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. Larnard that the minutes of March 9, 1970, be a~proved as submitted. MOTION CARRIED 6-0 Ve PUBLIC HEARINGS 1. UP-70-337 (PERSIAN GARDENS)-EDWARD R. HURLEY To consider the authorization of live entertainment in the establishment owned by Mouness Hurley known as "Persian Gardens". Location: 1042 East First Street, approximately 310 feet southeasterly of Newport Avenue in C-1 District. Mr. ~lea~le stated that a Use Permit is required for %he presentation of live entertainment. Persian Gardens proposes to present instrumental music and dancing traditional to the Middle East. Standards of permitted conduct and costume are stipulated by Ordinance No. 347 as a condition for an Entertainment Permit. He further pointed out that the owner was aware of the condition set forth by the Fire Department that flammable liquid and any open flame would not be permitted in connection with the entertainment (dancing). Chairman Webster opened the public portion of the hearing at 7:34 p. m. Mr. Edward R. Hurley, 18631 Warren Avenue, Tustin, spoke on behalf of Mouness Hurley. He stated that the entertainment would 'be by performers and not by customers. He mentioned that they were aware of the conditions set forth by the Fire Chief and that no such flammable liquids would be used. 'P~ Minutes 3/23/70 VI. NEW BUSINESS There being no further discussion from the audience, the public portion of the hearing was closed at 7:38 p. m. It was moved by Mr Halus, seconded by Mr. Mahoney, ~ha't ResolUtion No~ 1150 be adopted approving application number UP-70-337 subject to re~ulati'ons contained in Section 8'23, Ordinance No. 347. MOTION CARRIED 6-0 1. UNDERGROUNDING REQUIREMENT REQUEST- TUSTIN LUMBER COMPANY Waiver of undergrounding requirement for service line to cabinet shop. Location: 135 West First Street, Tustin Mr. Flea~le pointed out that a report from the Building Department states that the additional service line was installed as a requirement of the City for the.safety of the premises. A Permit was not applied for at that time, therefore, it falls under the provision of Ordinance No. 455 requiring the undergrounding of new service lines. He further stated that the main objective was to remove the service lines from the frontage of First Street property with the Staff having no objection to the overhead rear service line. There was no response from the applicant regarding the Staff Report. Chairman Webster summarized the statements of background b~ stating that in essence there were two points to be made: Should the applicant agree to removing the service lines from the First Street frontage, a waiver of the undergrounding requirement for the new rear service line was recommended. {2) It was further recommended that the applicant sign an agreement to underground the service lines at such time as the main utility lines were undergrounded by the Edison Company. Mr. Curtis pointed out that he felt our requests were contradictory. In asking the applicant to move the lines to the back of the property, there should be no requirement for the commitment for undergrounding in the future. _Mr. Fl~agle stated it was the hope of the City that eventually all properties be provided underground utility service and an underground District be created for utility lines. Mr. Curtis stated that the TNT Committee discussions were concerned with the ~tilities that were involved in the First Street improvement project. He further stated that the covenant should not be a necessary part of this action. 3/23/70 -2- PC Minutes 3/23/70 It was moved by Mr. Ilalus, seconded by Mr. Larnard, ~]at approval ~e granted for the request for waiver ~f Underground Utilities 'for Tust'Jq~ Lumber Com~any~ Subject to the following conditi~n~: (1) The service drops from First Street be removed. (2) Ail service lines of the property be undergrounded at the property owner's expense at such times as Edison Company utility lines serving First Street are undergrounded. The above motion was voted by ro.. AYES: NOES: ABSENT: Halus, Larnard, Webster Mahoney, Curtis, Edelstein Ludwig MOTION TIED 3-3 It was moved by Mr. Halus, seconded by Mr. Larnard, that approval be granted for the request for Waiver of Underground requirements for Tustin Lumber at '~35 West First Street, subject to the followin~ condition: The service drops from First Street be removed and all service be run from the pole at the rear of the property. The above motion was voted by roll call. AYES: NOES: ABSENT Mahoney, Halus, Curtis, Edelstein, Webster Larnard Ludwig MOTION CARRIED 5-1 2. COMPARABLE USE IN C-2 DISTRICT-DISTRIBUTOR COMPAN~ Letter received from Shaklee Products Distributor Company requesting to operate a distribution center in a store building in the C-2 District. Location: 462 E1 Camino Real, Tustin Mr. Fleagle pointed out that C-2 zoning does not permit the distribution of products as a wholesale house. This is a use first permitted in the C-3 zone. The discretion is on the part of the Commission to determine those uses which are comparable to general retail sales. A Staff Report was presented recommending the limitation~ that should be applied to a distributor, if the Commissi determined that the use was comparable with other permitted uses. Mr. C. T. Gilbreath, 315 South "A" Street, Tustin, owner of Jamestown Village, stated that the truck that would make delivery of these packages is a one ton truck and it delivers about 25-30 small packages per load. lie mentioned a petition which was signed by 37 businessmen ~n "D" Street requesting that the permit be i~sued. Mr. ~l~b~eath Mrs. ivy Bridge were present in the audience for any qu,.:.uluns that the Commission might have. PC Minutes 3/23/70 Mr. Mahoney inquired what the square footage was ~ha% Mr. Gilbreath was leasing out. Mr. Gilbreath replied that it w~S'2~500 square feet. Chairman Webster brought up two points that he felt to be of interest to the Commission: (1) (2) There will be retail sales from the store. This operation is much on the basis that you are dealing with people who have office space for themselves and some storage for their portion of the products which they own and the delivery is not being wholesaled out. Mr. Mahoney inquired about the justification for restricting delivery to a 1½ ton truck. He believed this to be discriminatory and unenforceable. Mr. Fleagle stated that the limitation on the size of delivery vehicle was one means of attempting to assure that the use remains compatible and does not conflict with normal retail activities. It was moved by Mr. Larnard, seconded by Mr. Mahone~, that the Planning COmmission determine that the proposed use for distribution of small personal prod~'cts is comparable with'other perm'~tted uses in C-2 District with fbl~ow~n~'limitations on the use to bE applied: (1) Wholesale commerce and distribution to be in conjunction with a regularly licensed retail sales store. (2) Permanent on premise parking of delivery vehicles prohibited. (3) Storage area of products for distribution not to exceed 10,000 square feet of storage area. (4) Determination by the Fire Department that no fire hazard results from storage of products, and facilities are in compliance with all requirements of the fire code as determined by the Fire Chief. (5) Products for distribution are limited to personal or residential use. MOTION CARRIED 6-0 VI. CORRES- PONDENCE 1. COUNTY CASE UP-3078 - LUTHER HUNTER To permit the establishment of a self- service coin-operated car wash in the C-1 "Local Business" District. Location: 14181 Newport Avenue, approximately 280 feet northeast of McFadden Avenue. 3/23/70 -4- PC Minutes 3/23/70 Mr. Flea~le stated the proposal provides for: (1) Four (4) car wash bays (2) Ten (10) parking stalls (3) A Five (5) block wall only on the rear property line (4) A total property frontage of 80' with 58' of driveways, and (5) Four (4) offices each 10' x 10' with no determined occupancy. It was further pointed out that the subject property was within the ultimate incorporated limits of the City of Tustin. The proposed use would not be permitted within a C-1 (Retail Commercial) District of the City of Tustin Zoning Ordinance. Mr. Luther Hunter, 7334 West 91st Street, Los Angeles, ~he applicant, was present and expressed his views. Mr. Hunter stated that he has deleted one office and will only have three thus enabling more parking space. He said he agreed to all the conditions except the walls on the perimeter being 6'8" in height. Chairman Webster declared a recess at 8:35 p. m. to review the plot plan presented by Mr. Hunter. The meeting was reconvened at 8:45 p. m. It was moved by Mr. Halus, seconded by Mr. Mahoney, that the Staff direct a letter to the County in the ' County Case UP-3078 that we notify them of our concern with the ~arkin~ of the offices and of the following: The development of a coin-operated car wash is not considered as an appropriate use in a C-1 District, as defined kY the City of Tustin Zoning Ordinance. (2) If the Commission favorably considers the application for a Use Permit for a car wash, certain conditions should be imposed to include the following: (a) additional landscaping and street trees (b) the rear wall 6' in height (c) directional lighting screened from adjacent properties (d) operational hours to be limited to 10:00 p. m. (e) accommodation of enclosed trash bins (f) such other design criteria and contrO%s a~ A~e n~l~F ~o &s~.~ wi~h adjacent uses amd prohibit the creation of a public nuisance. MOTION CARRIED 6-0 · 9C' Minutes 3/23/70 COUNTY REZONING PROPOSAL To change from 100-C-1-10,000 to R-2, R-3 and R-4 Location: Area bounded by Nisson Road to the north, Browning Avenue to the east, and Red Hill Avenue to the West. Mr. Fleagle pointed out that the Staff recommends we advise the County of our interest in this area, location and zone change and that we take no further action until the matter is scheduled for public hearing. It was so moved b~ Mr. Larnard, seconded b~ Mr. Curtis. MOTION CARRIED 6-0 3. COUNTY CASE UP-3072-RED HILL LUTHERAN CHURCH To permit the addition of two classrooms to be attached to the existing fellowship hall in connection with an existing church and parochial school in the R-1 "Single Family Residence" District. Location: Southeast side of Red Hill approximatedly 125' southwesterly from Irvine Boulevard. It was moved by Mr. Larnard~ seconded by Mr. Mahoney that the Staff-Me directed to inform the County that there is no objectiOn--from the Commission to U~3072. MOTION CARRIED 6-0 Mr. Halus suggested that on all County Cases submitted, the Commissioners would like to see a plot plan of the properties in question if feasible to reproduce them. 4. 'COUNTY CASE ZC-70-3 GALY SALES CORPORATION Proposes to change from 125-E-4-20,000 "Small Estates" District to the E-4-18,000 "Small Estates" District. Location: Southerly corner of La Loma Drive and Arroyo Avenue in the northeast Tustin area. It was moved by Mr. Halus, seconded by Mr. Larnard that County Cas? ZC-70-3 be approved and that the ' Commission notify the County that there is no objection as. long as the zone change ~eets the minimum requirements of the City of Tustin for an E-4 District. MOTION CARRIED 4-1 1 Abstention-Commissioner Mahoney II. OTHER BUSINESS 1. PENDING APPLICATION: UP-70-338-PROPERTY RESEARCH MANAGEMENT CORP. To permit the operation of a pre-school on the grounds of an apartment pro~ect. 3/23/70 -6- PC Minutes 3/23/70 Location: South side of Main Street, east of Williams Street. Mr. Fleagle stated that it is proposed to lease the recreation area and establish a nursery school primarily for the residents within the development. 2. STAFF REPORTS It was moved by Mr. Mahoney, seconded by Mr. Larnard, t~h~t by minute or~¥r Jeannine Lindse~ is serving the Planning Commission as Recording Secretary and by the officia% designation of such, will have th~ authority to s~gn as Record'ing Secret~ry for the Minutes. MOTION CARRIED 6-0 3. CONCERNS OF THE PLANNING COMMISSION Mr. Charles Greenwood, Chairman of the TNT Committee made a progress report to the Commissioners. He stated that at the City Council meeting, there were three recommendations set forth: Improvement of West First Street between E1 Camino Real and Newport Freeway. This proposal was studied and recommended by the Town Center Sub-Committee and was unanimously approved. 2. Location of Civic Center The location of the Civic Center near where it is now might do more good toward re- vitalizing this area than the property that was recently purchased over on Main and Centennial. The Committee suggested that the administrative offices of the City be located in the town center area in long term leased office space, self-sustaining from a tax revenue posture. Mr. Greenwood .further stated that acquisition should be made of the school ground site bounded by First, "B" and "C" Streets for development of a park and community building. The City Council authorized appraisal of the present Civic Center site to see what the value was in relation to the purchase price. The Council also authorized the Staff to discuss with school board officials the status of the property next door. 3. General Plan Sub-committee ao Goals and objectives for Tustin General Plan. b. Implementation of Goals and objectives The Council is reviewing this recommendation and from there will be passing their decisio: onto the Planning Commission for further oonsider~ion. -7- · PC' ~inutes 3/23/70 Mr. IIalus stated he would like to have the three Commissioners who were actively involved in the Sub-Committees make progress reports so that the Commissioners could be better acquainted with what is being done by each committee. Those Commissioners serving are: Mr. Larnard, Chairman of Zoning Ordinance Sub-Committee Mr. Mahoney, General Plan Sub-Committee Chairman Webster, Town Center Committee Mr. Halus also stated that he noticed in the Agenda of meetings of the Tustin Parks and Recreation Commission that they are discussing a recommended approval of a Master Park Plan. He further said that the Planning Commission was very much interested in such a plan. It was suggested that Chairman Webster contact their sister Commission recommending that the Planning Commission would like to be a party to and knowledgeable in their recommendations and have both Commissions make coordinated recommendations to the City Council. Chairman Webster replied that he had already had a meeting with the Parks and Recreation Director and the Assistant City Administrator regarding the Master Park Plan. It was resolved with the fact that Parks and Recreation Commission had discussed the order of presentation of that document and that they were committed to present it to the Council for a reading. The matter will come to the Planning Commission as you state for public hearing and Chairman Webster will attend their meeting on March 24, 1970. ADJOURN- MENT It was moved by Mr. Larnard, seconded by Mr. Curtis that the meeting be adjourned. MOTION CARRIED 6-0 There being no further business to come before the Commission, Chairman Webster declared the meeting closed at 9:32 p. m. co ss oN8 SECRETARY 3/23/70 -8-