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HomeMy WebLinkAboutPC Minutes 01-26-70MINutes of a regular meeting TUSTIN PLANNING COMMISSION January 26, 1970 me CALL TO ORDER II. PLEDGE OF r ,EGIANCE ROLL CALL IV. APPROVAL OF MINUTES Ve PUBLIC HEARINGS The meeting was called to order at 7:30 P.M. by chairman. Halus Led by Commissioner Webster Present: Absent: Others Present: Commissioners: Halus, Webster, Mahoney, Ludwig, Larnard, Curtis, Edelstein Commissioners: None I Harry E. Gill, City Administrator James G. Rourke, City Attorney R. Kenneth Fleagle, Ass't CAI- Community Development Director Jo Ann Turner, Planning Secretary It was moved by Mr. Webster, seconded by Mr. Mahoney, that the minutes of December 22,1969, be approved as submitted. It was moved by Mr. Larnard, seconded by Mrs. Ludwig, that the minutes of January 12, 1970, be a~proved as submitted. MOTION CARRIED UNANIMOUSLY. 1. UP-69-332 - FRANK AND JOAN MA~LOVICH - GO-CART CONCESSION TRACK - Continued from 1/12/70. Location: Site fronts approximately 300 feet on the south side of Laguna Road and is located approximately 230 feet east of the centerline of Newport Avenue. To permi% the oper~ion of a Go-Cart Concession Track.' Mr. Fleagle presented a brief]staff report stating that the staff does not feel that a "go-cart" operation would be compatible with any residential use and recommended against subject request. Chairman Halus opened the public.portion of the hearing at 7:45 P.M. Representing the application were Mr. Dudley Frank, 17411 Irvine Boulevard and Mr. Malovich, Westminster. They stated that the intent of the use is not permanent, however, they hoped for a time limit of 10 years. ~. Frank stated that the location being near the freeway ruled out any possibility of creating or adding to the noise factor. He stated that the hours of operation would be no later than 10:00 P.M., with the lighting directed away from any resi- dential structures. Chairman Halus declared the public portion of the hearing closed at 7:40 P.M. The commission discussed the surrounding uses, the location, and the nature of the requested use. The proposed freeway off-ramp was mentioned, although there being no definitive action as of yet, Mr.. Gill stated that there was no reason for concern at this time of interference with the .proposed go-cart track. PC Min'utcs - 1/26/70 Mr. Malovich stated that if any necessary changes arc~. in ~rder, he wo'uld be willing to work and cooperate with the City in this matter. Chairman Halus aid not feel that this type of operation would be working towards upgrading the community and was opposed to such a use. It was moved by Mr. Webster, seconded by Mr. Larnard, that Re~olution No. ll40"be adopted, conditionally approving Applicat'ion No. UP-69-332 for the following reasons: The Commission finds that the establishment, maintenance and operation of the use applied for will not, under the circumstances of the particular case be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the proposed use and it will not be injurious or detrimental to th~,property and improvements in the neighborhood or the general welfare of the City. As additional grounds, the minutes and evidence introduced at the hearing are included by refer- ence and made a part of the motion. Conditions of approval are: e Provision of a 10-pound ABC dr~ chemical ex- tinguisher which shall be located near an exit.' Flammable liquid shall ~e stored and dispensed in accordance with the regulations of the Fire Code. ® Installation of all street improvements including pavement, curbjand gutter, sidewalks and approved street trees'on the ~aguna Road frontage. Relocation or reconstruction of existing irriga- tion lines as necessary to permit street con- struction. Approval of plot, elevation, landscaping and sign plans by the Development Preview Committee. 6. Time limit of ten (10) years. 7. Operation not permitted.beyond 10:00 P.M. Above motion carried 6-1. Mr. Halus voting NO. 2. PZ-69-121 - WILLIWAWS & CLEGG - Continued from 1/12/70 For prezoning of a parcel totalling approximately 1.89 acres to the R-3-1500 District to permit the construction of a 54 unit apartment complex. Location: Fronts approximately 284 ft. on the northwest side of Browning Avenue and is located approximately 290 ft. south- west of the centerline of Nisson Road. -2- Mr. Fl.~?.~ile. pre:~ented~...~h.c..s~.ff ruport stating that .~m~-.L~zoning is consid~r~d inappropriate ' r ~n~"~ultiple family residential uso is considered tlle high- est and best use. He felt that R-3 1500 or R-3 1750 was not justifiable for the area and reco~ended R-3 1900. Chairman Halus opened the public portion of the hearing at 8:00 P.M. Mr. Robert Clegg, applicant, 2957 RandOlph Ave, Costa Mesa, stated that a density of R-3 1900 is .a little too restrictive for that area and after surveying other properties in the area, did not believe that any other commercial property has been zoned less than R-3 1750. There being no further comments from the audience, Chairman Halus declared the public portion of the hearing closed at 8:10 P.M. Mr. Curtis felt that R-3 1900 was too high in density and was opposed to the recommended action. Mr. Webster stated that he did not feel that the General Plan by intent is saying that every development within a certain area must be exactly at the density level as shown. He felt that certain properties do have unique problems. He stated that the property in question does nearly abut a freeway, which may warrant some density differential. It was moved by Mr. Webster, seconded by Mr. Larnard that Resolution' No. 1141 be adopted, reco~endin~ conditional ~pproval to the ~ity Council of Application No. PZ-69-121 for a density of R-3 1900 subject to the followin9 condit'ions: 1. Installation of all street improvements including pavement, curb and gutte~, sidewalks, and approved street trees on the Browning Avenue frontage. 2. Relocation of reconstruction of existing irrigation lines as necessary to permit on-site and street construction. 3. A looped six-inch water main or two dead-end eight inch water mains shall be established to four approved hydrants, one located near the north end of each driveway and one near each driveway entrance on Browning Avenue. e Four unobstructed passageways, at least four feet in width, shall be established from the driveways to the apartment exit walkways. 2 ½ gallon water type extinguishers shall be located in conspicuous and accessible locations within 100 ft. of travel from carports and apart- ment exits. A 2 3/4 pound dry chemical extinguisher shall be located in each laundry room. Motion carried 4-1. Mr. Curtis voted No. Mr. Mahoney and Mr. Edelstein abstained because they have not been able to ~evi~ ~he previous results at the January 12, 1970 meeting. -3- ZC-69-200 - Rol)(:rt: lla],l on beh;~lf of Wilf,red To rezone from R-1 to PC (Planned Community) a 1.52 acre parcel on the N.W. corner of Main and Pacific to authorize development in accordance with a specific plan on file. Location: Site fronts 220 ft. on the north side of Main Street, 300 ft. on the west side of Pacific and 220 ft. or the south side of Third Street. Mr. Fleagle presented the staff report stating that the proposal is to construct ten (10) duplexes with common driveways, in accordance with a specific plan on file. Mr. Fleagle stated that the economic ntudy projects no demand for single-family development within the town · '.'.r, feeling that the R-2 zoning is the least ob- 2eccionab].e land use in an R-1 transitional area. Condition~]. apprgval was recommended. A letter was submitted to the Planning Commission by 14r. Ernest A. Beckman, Jr., 665 West Third Street, Tustin, voicing no opposition, but requesting that a modern street light be installed at the northwest corner of the property by the developer. Chairman Halus opened the public portion of the hearing at 8:20 P.M. Mr. Robert Hall, representing Mr. Taylor, stated that they have eliminated the number of driveway buts down to five and have changed the garages so that they will not be facing the street. He stated that the driveway entrances have been separated from the pedestrian type'entrances going into the duplexes. He concluded by.saying that they are in agreement with the staff's report. Mr. Arthur Charlton stated that 14 property owners in the ~icinity of the proposed plan met and unanimously agreed that the plans presented by Mr. Hall are very favorable to the residents. , Mr. Curtis commended the surrounding property owners for their part in participating with the developer in helping to resolve what seemed to be a problem area. There being'no further comments from the audience, Chairman Halus declared the public portion of the hearing closed at 8:25 P.M. It was moved by Mr. Curtis, seconded by Mrs. Ludwig, that Resolution No. 1~42 be adopted, .recommending conditional approval of Application No. ZC-69-200 as requested to the ~ity Council s~bject to the following conditions: e MOTZON CAR~ED 1. Specific development plan on file in the Planning office. 2. Installation of underground street lighting conduit and necessary street lighting. 3. Planting of street trees in accordance with Master Street Tree Plan. Construction of sidewalk and drive approaches. 4 {~..ZC-69-20]. - Andrc;w.~; Development Compan,y_ To rezone from E-4 to Pr (Professional) District for a 6.7 acre parcel with 969,5 ft. frontage on Irvine Blvd. to a depth of"' l'9'~""~ft, A zone change from E-4 to R-2 is requested for the remaining 4.4 acre parcel on the northerly 300 ft. Location: Northwest corner of Irvine Blvd. & Prospect Mr. Flea,lc presented the staff report stating that the applicant proposes to develop two-story office buildings on-the Irvine Boulevard frontage property and to develop the remaining portion of the property with single story duplexes. He felt that it is appropriate to have a buffer use between the office use and the single-family residential uses. He felt that the frontage property on Irvine Blvd. would be appropriately developed in a Professional District as it would be in keeping with other developments alqng Irvine Blvd. and would be the highest and best use in the interest of the City. Conditional approval was recommended. Chairman Halus opened the public portion of the hearing at 8:30 P.M. Mr. Ray Mathewson, 17712 Westbury Lan~, stated that a h~lgh~orhood meeting has been held and ~he general consensus was that there should be no deviation from the original plan to keep the property in question, zoned-as E-4. He reminded the Commission that they had requested the denial of the Scholz Home application for rezoning and they do not want to have their area changed to any other type of district. Mrs. MYrl Sheridan submitted a letter to the Commission requesting denial of th R-2 District on the northerly 300 ft. She felt that Pr (Professional) District request would en- hance the be&uty of Tustin and asked the Commission to weigh all the facts before taking any action. Mr. & Mrs. Walter J. Wands submitted a letter stating that ~hey have no Objection to the development of the north side of Irvine Blvd. in one or two story professional buildings, however, they strongly opposed the rezoning of R-2 on the remaining parcel. Mr. Jay A. Andrews explained to {he Commission that a letter ~as been mailed to all the property owners within 300 ft. of the proposed project, telling them of the plans, describing the development and asking for comments or criticism con- cerning this request. Those in opposition are as follows: Mr. Henry C. Cobb, 17732 Westbury Lane Mr. James E. Cron%~ett, 17662 Westbury Lane They strenuously opposed rezoning from E-4 to R-2 and felt that it would destroy the character of the neighborhood, as well as cause many probloms as a result of the higher density. Mr. Robert Hall, 17452 Irvine Blvd. stated that he felt the proposed professional zoning is a good plan and that the depth will allow better parking facilities than in some of the areas close by. He felt that the proposed plan is a high quality plan and agreed that the duplexes would act as a good buffer zone. There being no further comments from the audience, Chairman Ha].u.~; d~;clared the publi0 portion of tho hearing closed a% -5- PC ~ii'nut{,:; - 1/26/70 After a lengthy discu:;:.lion among the Comminsioner~, the property owner's; and the developers as to what would be the }>roper zoning, it was felt that a workshop meeting including the home owners might help to resolve the 'best and highest possible use of that particular area. It was moved b~.v Mr. Webster, seconded by Mr. Larnard that a work:3i:op ineet~.:~q ])e s¢:lle~tu.l, ed at the e~rlJ.¢ir;t Dos:;ible ~,ate r~'es'~.q~na=~.,, by ti](: Planning Staff witl~ the Develor~;.~ent Prev.ir.~w Comm~'ttee, home owners and any interested parties to' meet with the deve.]...o?er~ of the Andrews Developr:ent Con:pany. In the-intermm, it was requested that a precise set of plans for standards and criteria be available at the meeting for review and discussion a~. ~.i) :.'hat would be the best and most acceptable use of the property. Subject hearing, was r 'n.~-"-xued to the February 9, 1970 Planning Commission meeting. '~'t {$as felt that the expertise of the professional merdoers of the Development Preview Committee could better direct the standards of such an area and help to resolve the situ- ation. , ABOVE MOTION CARRIED 7-0. OLD BUSINESS It was moved by Mr. Webster, seconded by Mr. Larnard, that (OUT OF ORDER) the rules be suspended to consider Item No. 2 under Old Business out of order. Motion carried unanimously. 2. CO~IENDATION OF JAMES L. SUPINGER Chairman Ilalus presented a resolution to Mr. James L. Supinger, co,emending him for his contributions during the time he served the City. PUBLIC HEARINGS CONTINUED 5. V-69-265 - Roof Top Equipment Screening Condition - Zachary ?. Pedicf~i Waiver of condition imposed by Resolution No. 1117, adopted in response to variance application (V-69-261), reading: "That roof top equipment be screened from the north side to the satisfaction of the Development Preview Committee." Location: 14201 - 14211 Red Hill Avenue Mr. Fleagle presented the staff ~eport stating that two letters of communication have been received in support of the applicant's request to eliminate the screening of ~he roof top equipment. Letters were from H. T. Lucas Con- struction Company and Maxwell Starkman, AIA. They did not believe it to be feasible for such screening because of the velocity of winds, no matter how well it was anchored. Mr. Fleagle recommended denial feeling that it would enhance the project and would be an asset to the surrounding community. He also asked that the Development Preview Committee be urged to use wide latitude in the review of plans for screening the equipment to assume that the objective coul~ be accomplished without undue hardship or unreasonable expense upon the develc, ~r. Chairman Ilalus opened the public portion of the hearing at 9:32 P.M. A letter was received by Mr. II. S. Voe~elin, owner of an apartment complex located a~ 1412 N~ss°n Ileal, °bj6cted to ~he granting of such a varian~r~ b~ause h~ fel~ ~h~t it was a step in down- g~adi~%~ ~hu deYulopmu~ and a~k~d fo~ d~lli~% M~'. Za~:l),~]?y T. l~'di, c i.n{., ap})].icant, 73.2 Nort])Palm Drive, · ~ev~-~ly 'll~.l~--~'ta t,~d'-'~]3a t ho has met wi ti) the · ~ loI~mcn t Previ~w Committee and.~]~e.y~f~lt that with the inforrn.~tion submitted, tlxat it was impractical and economically un- feasible to install roof screening as required as a con- dition. As a result, they had suggested that Mr. Pedicini file for an amendment of this variance to eliminate the con- dition of tile roof screening. There being no further comments from the audience, Chairman Halus declared the public portion of ~he hearing closed at 9:50 P.M. It was moved b~ Mr. Mahoney, seconded by Mr. Larnard, that Resolution No. 1143 be adopted, cbhditionally ap)rovin~ A~plica~ioh' No. V-69-265 subject to the followin~: 1. That the air-conditioner be painted to blend in with the normal surroundings. ABOVE MOTION CARRIED 7-0. , It was noted by Mr. Curtis, that there are non~c~,nforming signs on the property and that the property owners should be notified and asked to comply with the Sign Ordinance. Mr. Pedicini concurred with Mr. Curtis and requested a ~e~ter be sent to the tenants responsible for the unlaw- ful signs. Chairman Halus asked the staff to pursue this matter. 6. UP-69-334 - JEAN R. ADAMS - ROOF SIGN To permit a roof sign tO identify a real estate office. The proposed sign would hawe a maximum height of 4'6" above the roof, an area of 18.75 sq. ft. per side and 37.5 sq. ft. total area. Location: Site fronts/'~pproximately 100 ft. on the east side of E1 Camino Real'.~(D Street), approximately 83 ft. north of the centerline of Second Street. ~r. F!eagle presented the staff report stating that the proposal is within the intent and criteria of the Sign Ordinance, recommending conditional approval. Chairman Ilalus opened the public.portion of the hearing at 9:55 P.M. Mrs. Jean Adams, 181 E1 Camino Real, applicant, concurred With the staff's report. After a brief discussion among t~e Commissioners, it was de- cided that better identification is needed than what is there ~OW. It was moved by Mr. Mahone¥, seconded by Mr. Webster, that Resolution No. 1144 be adopted, conditionally approving Application No. UP-6-9'-334 subject to the followi.n.~ conditions: 1. Compliance with the Sign Ordinance No. 438. 2. Review and approval by the Development Preview Committee. ABOVE MOTION CARRIED 7-0. 7 VI. C)LD BUS iNESS 1. IlUfl'fNl,;:;f; ;;I'GN:; WTTJIIN 200 FT. el:' Thc Plannin!l Comn~i.:;:]ion expressed conc(:rn over the per- misniw; provision:; of. tile Sign Ordinance relative to businesses located within 200 ft. of a freeway and re- que:ited staff conu~ent at their January 12, 1970 mceting. Mr. Fleagle submitted a report stating that the Sign Ordinance doc:; provide latitude for the Commission to recognize by Use Permit the unique situations related to businesses catering to freeway traffic, and that the discretion rests with the Planning Commission. He recom- mended that no change be made in this provision of the Ordinance at the present time. Mr. Ilalus concurred with the staff's report at this time but felt that tho Commission might wish to take a stronger 'ook at the permissiveness. ® REZONING OF "U" DISTRICT PROPERTIES Mr. Fleagle submitted a drafted resolution and,report ~ecoranend~ that the Planning Commission adopt a resolution stating its intention to advertise .and conduct a public hear- ing for the purpose of establishing a zoning classification for the twelve (12) unclassified districts within the City of Tustin as outlined in the report. Mr. Bill Stone, pastor of the First Southern Baptist Church, asked that Parcel No. 103-300-28 be advertised as C-2 rather than C-l, with the understanding that if the need necessitated a change back to C-l, this would be don~. He felt that the rezoning from C-2 back to C-1 would be easier in this case'. Mr. Webster felt that the most l~titude would be given to the developer, the Planning Commission and everyone concerned if C-2 was designated for that particular property. It was moved .by Mr. Webster, seconded by Mrs. Ludwig, that Resolution No. 11~-~ be adopted, recommending approval of the drafted resolution subject tc changing parcel no. 103-300-28 from a C-1 zone to C-2 to be advert~s~-for public hearing. VII. NEW BUSINESS }~. Gill stated that it might be more desirable to allow ~lexibil'ity in advertising these unclassified districts, in the event, at the time of the hearing a different zone classi- fication is deemed necessary other than what is recommended by the staff. .The above motion was amen~e.d by maker of the motion and the second to allow any zoning within the City ' to be designated for ~e unclassified areas, allowin'~ flex~bilit~ as the Cit~ sees fit. The above motion carried 7-0. 1. PARCEL MAP Plil-70-31 - GEORGE W. WILLIS To adjust size of parcels to fit proposed development of Parcel 1 and future development of Parcel 2. Location: Easterly side of Newport Avenue, 400 ft. hor'tl]erly of Mitchell Avenue. ~r. Myers, City Engineer, submitted a report recommending that a minute order be approved subject to conditions. VIII. CORRES- PONDENCE Installation of all street improvements in- cluding 8 ft. sidewalk and street trees in accordance with the Master Street Tree Plan on Parcel 2. Relocation of any existing irrigation lines as necessary to permit street construction on Parcel 2. Final approval by the City. Engineer and re- cordation of the map. The above motion carried 7-0. 2. PARCEL ~LAP PM-70-32--LARWIN COMPANY To create a separate Parcel 2 for development purposes , Location: Street. Southwest corner of Newport Avenue and First Mr. Myers, City Engineer, submitted a report stating that parcel 1 is fully developed as the Larwin Square Shopping Center. Parcel 2 is currently undeveloped. Discussions with the railroad indicate that they still intend to abandon their spur line, however, certain right-of-way' problems have slowed the progress on thi~ abandonment. It was recommended that a Minute Order be adopted, approving subject request· It was moved by Mr. Larnard, seconded by Mr. Webster, that a Mi'nute Order be PM-70-32 adopted, approving Parcel Map subject to final appro'v~ by the City Engineer and re- cordation of the map. The above motion carried 7-0. 3. RESOLUTION OF CO~ENDATION - ROBERT M. OSTER It was recommended by Mr. Maho~ey, seconded by Mr. Larnard that a resolution of commendatiOn be adopted, co~ending Mr. Oster for ~is services to the City in the roll of' ~an- ning Co~mis~oner ~6r' ~he pas~' few years· Motion carried unanimously. 1. COUNTY CASE - UP 3073 - RED HILL LUTHERAN CHURCH - To permit the expansion of an existing church school from 150 to 250 students including pre-school and K-8 in the R1 "Single Family Residence" District. Location: Southeasterly side of Red Hill Avenue, approximately 1250 ft. southwesterly from Irvine Boulevard in the east Tustin area. Mr. Pinkl~y,.principal of the day school was in attendance for questioning. After a brief discussion, It was moved by Mr. Mahoney, seconded by Mr. Larnard that the Co~y Planning Commission be informed of no objection for s~.~jec~ request. · Motion carried unanimously; 7-0. ~USiN?]$$ DO¢.U,,I',NI -DI]I'; PI~,OCI'i.q''., I~I.iOUII~I:iMEII'I',q IN COi.,UII.:CTT.¢~N W'£TI! A copy of the above document wan given to the Commi.:;:;ion for' tl~eir review by Mr. Flcaulo.. /4r. Fl¢.'ag].e :;~'~.l~i".:;t,?d tl~at the Commis:;ion coordinate with the City Attorney so that the roll of Planning Commissions may be better under- stood. 2. MOBIL OIL SERVICE STATION - FOURTH & YORBA Chairman IIalus stated that it was his understanding that -no dispensing of automotive and non-automotive products other than gasoline and oil would be permitted. He stated ~hat he has noticed foot] ,"i:'.~ ~'i. nk dispensing machines and asked the staff to look .,, ,. the matter. ..,iLLBOARD SLGN - FOURTH STREET Chairman Halus asked that some type of action be taken to prohibit unlawful signs such as the one on Fourth Street. Mr. Fleagle stated that a letter has been sent to the owner of the property and the sign company advising that it is not in compliance with tile city ordinance. 4. ~NNUAL MEETING- PLANNING CO}~IISSION CHAIRMAN AND PRO- TEM ELECTION Moved by Mr. Curtis, seconded by Mr. Iial~s, that Mr. Webster be no~lnate~ for Planning Commission Chairman. Moved by Mr...Mahoney and seconded by Mr. Edelstein, that hominations be closed. Carried unanimously. Moved by Mrs. Ludwig, seconded by Mr. ~ahoney that Mr. Larnard be nominated .for Chairman Pro-tem. Moved by Curtis, seconded by Mr. Webster, that nominations be closed. Carried unanimously. It was voted gix to 0 that Mr. Webster be elected as the Planning Co.miss'ion Chairm~n an~ that Mr. Larnard be elected as chairman Pro-tem 'of-~he Tustin City Planning Commission. }~. Fleagle commented that consideration should be given to an annual report of the plans and objectives for the forth coming year. He felt that a prepared report should be submitted to the City Council for their review. Chairman Halus concurred. Chairman Ilalus expressed his sincere appreciation for the out- standing support and cooperation that. he has received during his tenure as Chairman of the Planning Commission. ,DJOURNMENT It was moved by Mr. Maho.ne~, seconded by Mrs. Lu_d.wig, that the meeting be adjourned. Carried 7-0. Chairman Ilalus declared the meeting adjourned at 10:40 P.M. i.'.Ci{E~fiY Oi,' ~Tff PLANNING COMMISSION CliA~iRMI~N OE TtiE PLANNING CO,~x~ISb~ON