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HomeMy WebLinkAboutPC Minutes 01-12-70MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMISSION January 12, 1970 CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF MINUTES IV. PUBLIC HEARINGS OUT OF The meeting was called to order at 7:30 P.M. by Chairman Halus. Led by Mr. Larnard. Present: Commissioners: Halus, Webster, Ludwig, Curtis, Larnard Absent: Commissioner: Mahoney Others Present: Harry E. Gill, City Administrator James G. Rourke, City Attorney James L. Supinger, Planning Director R. Kenneth Fleagle, Community Development Director - Ass't City Administrator Jo Ann Turner, Planning Secretary It was moved by Mr. Larnard, seconded by Mrs. Ludwig, that the minutes of December 8,'1969, be approved as submitted. MOTION CARRIRb' 5~0. It was moved by Mr. Webster, seconded by Mr. Larnard, that the rules be suspended to consider Item No. 4, under ~ublic ~%arings out of o~e~. Motion carried 5-0· UP-69-332 - FRANK AND JOAN MALOVICH - GO-CART CONCESSION ORDER TRACK To permit the operation of a Go-Cart Concession Track. Location: Site fronts approximately 300 feet on the south ~'ide of Laguna Road and is located approximately 230 feet east of the centerline of Newport Avenue. Mr. Supinger presented the staff report stating that the s~aff has no objection to the requested use, although the City is consideringcondemnation'proceedings on this property for the freeway off-ramp. Chairman Halus opened the public portion of the hearing at 7:35 P.M. Mr. Dudley Frank, 17411 Irvine Blvd., requested an extension of two weeks for reconsideration of a new plan for the Go- Cart Track. Chairman Halus declared the public portion of the hearing closed at 7:37 P.M. It was moved by Mr. Larnard, seconded by Mr. Webster, that /.~pplic~tion No. UP-69-3'32 be continued to the next regularly scheduled meet~n~ (January 26', 19'70.) MOTION CARRIED 5-0. ' 0 PC Minutes - 1/12/70 1. V-69-264 - C. W. ERICKSON (Continued from 12/22/69) To permit the installation of a fence to surround a mobile home park, not having uniform treatment on all sides as required by ordinance. The proposal calls for utilization of a redwood tri-stake fence along the southeast and southwest sides and La Paz slump stone along the northwest and northeast sides. Location: Site fronts 1227 ft. on the southeast side of B~owning Avenue between Mitchell Avenue and Nisson Road. Mr. Supinger presented the staff report, stating that the applicant has new information and an alternate plan to submit. Chairman Halus opened the public protion of the hearing at 7:39 P.M. Mr. Erickson, 14092 Browning Ave., applicant, stated that he would - like to keep the original design on the freeway and Browning Avenue side using La Paz slump stone. He pro- posed a nine course eight (8) inch block masonry fence on the southern boundary, bordering the R-1 side and maintaining the tri-stake fence along the railroad tracks. He explained that this particular property belongs to the Irvine Ranch and any proposed changes have to be coordinated with the Ranch as they maintain design control on develop- ments along their property. He stated that the Irvine Ranch concurred with the proposed plan. Mr. James Taylor, Irvine Ranch representative, explained that the property why'ch is easterly along the railroad tracks is owned by the Irvine Ranch and it services the agricultural property north of the Santa Ana Freeway. He stated that the property would be in field crops for approximately 10 years. He further explained that when a decision is made as' to the use of the property, the fence would be razed and a red-wood fence would be more economically feasible to construct.at this time. Those in opposition were: William J. Feliciano, 14262 Fernbrook Joseph Di Mercurio, 14261 FCrnbrook Karnig Mooswian, 14285 Shadybrook Jesse Ojeda, 13971 Deodar Norman Will'ardson, 14301 Shadybrook Their feeling was that the fence should be of uniform treatment surrounding the entire project, contiguous to the home owners property. Chairman Halus opened the public hearing at 7:55 P.M. The Commission discussed with Mr. Erickson, the grading, sub- grading and the economics involved. Mr. Erickson explained that the fence would be constructed entirely on his property, leaving a vacant space between the existing fence and the one proposed. The Commission felt that the request was reasonable and had no objection. Mr. Curtis stated that it appeared that the hardship created in this situation was due to economics and the fact that the land is undeveloped to the east of the property. Chairman Halus concurred. -2- PC Minutes - 1/12/70 It was moved by Mr. Curtis, seconded by Mr. Larnard, that Resolution No. 1135 be .ad_opt.ed, appr.oving Applicat'ion r.~o. V-69-2'6'4 to perh~'it tile-inst~llation of a block wal'l fence' on the southern boundary b'o~der'ihg the R-1 District and allowing the' tri-stake-fence on the east side bordering' the railroad' right-of-way, subject to the approval of the Development Preview Committee. The above motion carried 4-1. Mr. Webster opposing. 2. UP-69-330 - J. A. RICHARDSON - DRY CLEANERS To permit drive-in facilities in conjunction with a dry cleaners business. Location: Site fronts approximately 250 feet on the east sidD of Pasadena Avenue and approximately 300 feet south of the centerline of McFadden. b~. Supinger presented the staff report stating that con- ditional approval is recommended. Chairman Halus opened the public portion of the hearing at 8:20 P.M. There being no comments from the audience, the hearing was declared closed immediately. The Commission discussed the egress and ingress of the property, future proposals for the entire parcel and the nature of the business. It was moved by Mr. Webster, seconded by Mr. Larnard, that Resolution No. 1136 be adopted, conditionally approving Application No. UP-69~'330.for the followin~ reasons: The Commission finds that the establishment, maintenance or 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 the property and improvements in the neighborhood or the general welfare of the City. 0 As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. Conditions of approval: A 10 pound ABC dry chemical extinguisher shall be provided and located near an exit. 0 Plans shall be approved.by the Development Preview Committee. e Pole sign shown on plot plan is not part of this approval. MOTION CARRIED 5-0. -3- PC Minutes - January 12, 1970 3. UP-69-331 - FEDERAL SIGN AND SIGNAL CORP. ON BEIIALF OF ZACIIARY T. PI'iD.[C1Ni To permit total sign area for individual business within a commercial complex to exceed that permitted by the ordinance. Proposal is for approximately 1600 sq. ft. of sign area to identify a Stater Brothers Market including a 200 sq. ft. wall sign Location: Site fronts approximately 730 ft. on the nor~h- west side of Red Hill Avenue, approximately 290 ft. on the northeast side of Mitchell Avenue and approximately 140 ft. on the southwest side of Nisson Road. Mr. Supinger stated that the complex is partially con- structed with several buildings completed and one under construction at the present time, which is the Stater Bros. Market. He explained that this application is to exceed the. area permitted under the ordinance because the property is within 200 feet of the freeway. Conditional approval was recommended. Chairman Halus opened the public portion of the hearing at '8':25 P.M. Mr. John McDonald, 195 W. Benedict, San Barnardino, Stater Bros. Market representative, stated that they have received approval of the free-standing sign but it was not mentioned that this space included wall space. He explained that there had been no mention of the wall sign and assumed that the application included this. He stated that this particular sign is used by all of the Stater Bros. Markets and has never been deviated from. He felt that this is the most important sign identification. There being no further comments from the audience, Chairman Halus declared the public portion of the hearing closed at 8:30 P.M. It was moved by Mr. Webster, seconded by Mrs. Ludwig, that Resolution No. 1137 be adopted,, conditionally aDDroviD_g Application No. UP-69-331 as requested, subject to approval by the Development Preview Committee, for the following reasons: The Commission finds that the establishment, maintenance or 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 the 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 reference and made a part of the motion. ABOVE MOTION CARRIED 5-0. 5. UP-69-333 - W. B. JILES FOR FEDERAL SIGNS - FILM CLUB To permit a sales building for Film Club of America in the Tustin Ileights Shopping Center. Location: Approximately 1,075 ft. on the south side of Irvine Blvd. and is located approximately 350 ft. east of the centerline of Newport Ave. with the building located adjacent to Irvine Boulevard, approximately 410 ft. west of the centerline of Charloma Drive. -4- PC Minutes - January 12, 1970 <Mr' ~Suplnger presented the ~taff report statin~'"~at the staJ:£ has revised th~ applIcant's submitted plot plan to indicate the corrected location for the driveway entering the center. Mr. Supinger stated that he has discussed the traffic flow in thb Center and entering and leaving, in relation to the proposed location with Mr. Myers, City Engineer. He explained that an agreement was made with the applicant to move the facility to the northwest, one double row to alleviate any traffic hazards that might result.'He recommended conditional approval. Chairman Halus opened the public portion of the hearing at 8:45 P.M. Mr. Henry Jackson, 1100 North Main Street, Los Angeles, representative, concurred with Mr. Suping6r's statement and stated that they were aware of the sign problems. He stated that there was no intention of requesting a revblving sign or roof sign. There being no further comments from the audience, Chairman Ilalus declared the public portion of the hearing closed at 8:5~ P.M. After a brief discussion among the Commissioners, It was moved by Mr. Larnard, seconded by Mrs. Ludwig, that Resolution No. 1138 be adopted, conditionally approvin~ A~plication No. UP-69-333 for the followin~ 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 neigh- borhood of the proposed use and it will not be injurious or detrimental to the 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 reference and made a part of the motion. Conditions of approval: Relocation of the proposed site one aisle to the west. Provision of one (1) five-P0und ABC dry chemical extinguisher which shall be located near the exit. Approval of Plot, Elevation, Landscaping and Sign Plans by the Development Preview Committee. ABOVE MOTION CARRIED 5-0 6. PZ-69-121 - WILLIAMS & CLEGG To consider prezoning of a parcel totalling approximately 1.89 acres to the R-3 1500 (Multiple Family Residential 1500 sq. ft. of lot area per dwelling unit) District to permit the construction of a 54 unit apartment complex. Location: Site fronts approximately 284 ft. on the northwest side of Browning Avenue and is located approximately 290 ft. southwest of the centerline of Nisson Road. -5- PC Minutes - January 12, 19 70 Mr. Supinger presented the staff report stating that this proposal is for prezoning prior to annexation and develop- ment. IIe explained that this request was submitted to the County Planning Department last October and at that time the Tustin Planning Commission opposed the approval because the proposed density was two and one-half (2%) times the density suggested by the Tustin Area General Plan. He recommended denial because it is not in conformance with the General Plan. Chairman Halus opened the public portion of the hearing at 8:55 P.M. Mr. Robert Cle~, applicant, 2957 Randolph Ave., Costa Mesa, st~te~ that' he felt that the land is not desirable for com- mercial use, as it is now zoned, and is not as economically feasible with a lesser density than they have proposed. Mr.' Gary Wood, 1413 East Eagen Way, Santa Ana, Realtor, stated that the property has been up for sale for quite some time and has been a difficult piece of land to de- velop. He suggested that a R-3 1750 proposal might be more attractive for the area. Mr. Sidney R. Nemzer, 128 Leatrice Lane, Anaheim, owner of a duplex located on adjacent property, opposed the request, stating that he did not see a need for such high density. He did not feel that such a project should be allowed just because the applicant could make more money. He felt that the General Plan outline should be followed. There being no further comments from the audience, Chairman Halus declared the public portion of the hearing closed at 9:00 P.M. The Commission felt that the area should be further in- vestigated before a decision is made. They did not feel that there has been a change in the proposal since their request in October before the County Planning Commission necessitating approval for the requested density. Mr. Clegg stated that he would be agreeable to a reasonable postponement of their application for further investigation. It was moved by Mr. Webster~ seconded by Mrs. Ludwig, that Application No. PZ~9-121 be C~ntinued to the January 26, ~9'70 meeting. The above motion carried 5-0. VI. OLD BUSINESS VII. NEW BUSINESS NONE 1. PARCEL MAP (PM-70-30) - GEORGE ARGYROS To divide parcel for purposes of immediate R-3 develop- ment of Parcel 2 and unknown use for Parcel 1. Location: Northeast corner of Newport Ave. & Walnut Ave. Mr. Orville Myers, City Engineer, submitted a report stating that plans have been submitted for construction of an 80 unit apartment complex on Parcel 2 (471' X 290'). He stated that the applicants have not indicated any current development plans for Parcel 1 as R-3 or under any other zone, but they do feel that Parcel 1 may have a higher and better use. PC M~nutes - January 12, 1970 Mr. Myers recommended conditional approval. The Con~ission discussed the future problems that might occur on the remaining parcel, minimum requirements, different zoning and future development of Parcel No. 1. It was moved by Mr. Larnard, seconded by Mrs. Ludwig, that ~' Minute Order be adopted, conditionally approving Parcel Map (PM-70-30')' subject to the following conditions: Granting of additional street right-of-way for both Newport Avenue (20 feet) and Walnut Avenue (7 feet) including a standard corner "cut-off" in accordance with the Master Plan for Arterial Highways. Construction of full street improvements including · curb and gutter, sidewalk, asphalt pavement and approved street trees on each parcel as they are developed. Final approval by the City Engineer and recordation of the map. ABOVE MOTION CARRIED 4-0. Mr. Mahoney. Abstained: Mr. Webster, Absent: IX. CORRES- PONDENCE Xo Q_THER 3INESS 1. COUNTY CASE UV-6366 STEVEN SANBERG To permit the construction of a 10-unit apartment building in the R-4 "Suburban Residential" District. Location: Site fronts 82'feet on the southeast side of "B" Street, approximately 245 feet southwest of Mitchell Avenue. Mr. Supinger stated that the subject property is shown on the Tustin Area General Plan as on the borderline of Heavy Density R~sidential (25 d.u./acre and High Density (12 d.u./acre.) He stated that the staff opposes the use of the Use Variance procedure to subvent zoning and recom- mended opposition of this application. Mr. Webster stated that he felt the Co%~nty should be made aware that the density is greater than that of the Tustin Area General Plan and that the zoning maps should reflect what is existing there at this time. It was moved by Mr. Webster, seconded by Mr. Larnard that a letter be sent to ~he County informing them of no o~osition ~o %he proposed density of UV-6366. MOTION CARRIED UNANIMOUSLY (5-0) 1. WORKSHOP FOR PLANNING COMMISSIONERS Chairman Halus reminded the commissioners of the workshop sponsored by California State College, Fullerton to be held on January 17. Commissioners attending are: Chairman Halus Commissioner Ludwig Commissioner Larnard Commissioner Curtis -7- PC Minutes - January 12, 1970 XI. ADJOUP~NM~NT 2. RF. SOLUTION NO. 1139 - JAMES L. SUPI~.:GER It was moved by Mr. Webster, seconded by Mr. Larnard, that Resolution No. 1139 be adopted, commending Mr. ~upin. Ger for his integrity, highly competent technical resource and appreciation for the help in all areas as a Planning Director. MOTION CARRIED UNANIMOUSLY. 3~ DISCLOSURE OF ASSETS - Special Bulletin Chairman Halus stated that information from the California ~'ities, which 'is a special bulletin regarding Disclosure of Assets, has been received by the Commission. Mr. Rourke, City Attorney, stated that a request has been made of the Attorney General to answer a number of questions concerning this bulletin and at a later date a memorandum will be mailed to each commissioner with more information on this. F~. Gill, City Administrator, stated that there would be a package for each of the commissioners, although they would work on it as a group so the end results would be a uniform package. "U" UNCLASSIFIED DISTRICTS Mr. Gill, City Administrator, called to the Co~missioners attention that there are several properties in Tustin wi~h a "U" zone classification. He stated that they have that designation because they were inherited under annexation of County territories.in the past. He stated that if there were no objections, the City would start proceeding on zoning these unclassified properties. Chairman Halus stated that one area of immediate concern, in his opinion, is the balance of Fourth Street, feeling that the professional/residential integrity should be maintained along that area. Chairman Halus requested the staff indicate the action on the "U" properties and also consider the balance of 4th Street, making a recommendation to the Commission in terms of timing in the TNT Study.. CHAIRM~N NOMINATION Mr. Fleagle, Ass't CA - Comm. Devel. Director, reminded the Commission that By-Laws call for the annual meeting to take place after their regularly scheduled Planning Commission meeting on the second meeting of the month of January, which is January 26, 1970. He stated that the nomination of the Chairman would follow at that time. It was moved by Mr. Webster, seconded by Mr. Curtis that the meeting be adjourned. MOTION CARRIED 5-0. Chairman Halus declared the meeting adjourned at 9:35 P.M. OF PLANNING COMMISSION S E C [~E'iJ[{Y THE