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HomeMy WebLinkAboutPC Minutes 12-22-69CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 22, 1969 The meeting was called to order at 7530 P.M. by Chairman Halus. Led by Commissioner Webster Present: Commissioners: Mr. Webster, Mr. Curtis, Mr. Larnard, Mr. Halus, Mr. Mahoney, Mrs. Ludwig IV. PUBLIC HEARINGS Absent: None Others Present: Mr. Harry E. Gill, City Administrator James G. Rourke, City Attorney James L. Supinger, Planning Director Jo Ann Turner, Planning Secretary 1. UP-69-328 - CLYDE E. STOCKDALE To permit a 59-bed convalescent hospital on a portion of a 2.44 acre parcel in the R-3 (Multiple Family Residential) District. Location: Site fronts 150 ft. on the west side of Yorba St. approxi- mately 200 ft. south of the centerline of Irvine Blvd. and on the north end of Myrtle Street, approximately 450 ft. north of the centerline of First Street. Mr. Su~inger presented the staff report, recommending conditional approval as set forth in the staff report. Chairman IIalus opened the public portion of the hearing at 7:32 P.M. ' There being no comments from the audience, Chairman Halus declared the public portion of the hearing closed immediately. Mr. Curtis asked Mr. Stockdale about the new legislation concerning the State approval before this type of hospital can be set up. ~:r. Stockdale replied that the application to the state has already been applied for and even though it has not been approved to date, he does not anticipate denial from the state due to previous use in the state. Mr. Curtis stated that there was some concern from some of the associations due to over' population of this type of. business in Orange County proper. Mr. Stockdale replied that he understood this possibility and perhaps the reason for the new legislation going into effect will slow down the increase of this type of business for some time to come. Mr. Stockdale is of the opinion that it is close to being overbuilt at this time. Mr. Curtis asked Mr. Stockdale if he could meet the 90% occupancy in this size facility. Mr. Stockdale stated that he was sure there would be no problem in meeting the 90% occupancy or medical requirements. I.:r. Mahonev asked if Mr. Stockdale concurred with the twelve conditions as set forth in the staff report. Mr. Stockdale questioned condition No. 8, concerning the re-location or reconstruction of existing irrigation facilities as necessary at the north end of Myrtle Avenue to permit the construction of street improvements. He asked if this concerned the main irrigation line. -1- PC Minutes - December-22, 1969 Mr. Sup~n.~er stated that this was a typical recommendation or requirements on development of property. His understanding is that the Santa Aha irrigation district mainly has various lines running through the city and consequently when new construction is proposed it will require, because of their rights for use of that facility, that the facility either be relocated or reconstructed as necessary in relationship to the new construction. Mr. Stockdale asked for a clarification and stated that to his knowledge there is a main water line located approximately where the sidewalk would be.in the cul-de-sac. He asked if that was the line that was being referred to. ~.~r. Supinger stated he was not sure what lines were being referred to in this recommendation as this came from the Engineering Department. Mr. ~,:ahoney's concern was that Mr. Stockdale and the applicant be aware of these conditions of approval. Mr. Stockdale assured the Commission tha~ they were clear on this matter but he wanted to know if they would have to move the big water line as it would entail a great deal of work and expense at this time. It was his understanding that the Santa Ana Irrigation Water Company has permitted building over this water line in some areas. Mr. Supinger explained that as it states in the recommended conditons this would be relocation or reconstruction as necessary. It would be up to the City Engineer and the Irrigation District to determine what would be necessary. ~.~r. Halus did not feel that the question could be answered this evening Mr. Stockdale stated that they would like to hold off as much improvement of this kind at the present time, but perhaps in another year it would be a little more feasible financially. Mr. Mahoney asked Mr. Stockdale if he would consider continuing this until it was clarified or if he wanted a decision this evening regardless of the question at hand. Mr. Stockdale stated that he would like a decision at this time. He was of the opinion that they would not have to move the line until a later time when they add an a~ditional building. At that time they planned to move the line along the fence. Mr. Webster stated that in view of the background of this property where there have been some five actions in the las~ seven years all tended toward this type of improvement and also based on the recommended action of the staff he was not opposed to subject request. It was moved by Mr. Webster, seconded bY Mr. Mahonev that Resolution No. 1133 be adopted, c~nditionally a~roying A~Iication No. UP-69-328 for the fol'lo%:i~q reasons: The Commission finds that the establishment, maintenance and operation of the use applied, for will not, under the circum- stances 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. e As additional grounds, the minutes and evidence introduced at the hearing are i~cluded by reference and made a part of the motion. Conditions of approval are: An adequate water main system shall be established to approved hydrants. - 2- PC .~:inutes = Decez~o(:r 22, 1969 2. Acce:~:; road:'; sl~all b~] provided to accommodate fifo dc:part~,ent apparatus. 3. The building shall be provided with an automatic sprinkler system and fire extinguishers. e Plans shall be submitted to the office of the State Fire Marshal in Los Angeles, Se Dedication of right-of-way for a cul-de-sac at the north end of Myrtle Avenue and construction of full street improvements on the cul-de-sac including street trees and one street light. 6. Dedication of an additional 15 feet of right-of-way for Yorba Street in accordance with the Master Plan of Arterial Highways. o Construct or bond for street improvements on Yorba including curb and gutter, sidewalk, drive approaches, paving and street trees. Relocation or reconstruction of existing irrigation facilities as necessary at the north end of Myrtle Avenue to permit the construction of street improvements. 9. Submission and approval of a Parcel Map if this development is to be under separate ownership from the existing day school. 10. Construction of a 6' 8" solid masonry wall along all boundries of the total parcel abutting properties zoned E-4; provided, however, that said masonry wall shall have a height of three (3) feet within 20 feet of ultimate public rights-of-way. li. Provision of off-street parking at the rate of: One space/each six (6) patient beds, plus One space/each staff member or doctor, plus One space/each three' (3) additional employees. 12. Approval of Plot, Elevation, Landscaping and Sign Plans by the Development Preview Committee . MOTION CARRIED 5-1 Opposed: Mr. Curtis 2. UP-69-329 Santiago Commercial Bank To permit drive-thru facilities in conjunction with a bank. Proposed facility would have six (6) drive-in bays projecting northwest f.rom the front side of the exisiting building. Location: Site is at the southeast corner of the intersection of First Street and E1 Camino Real. Mr. Supinger presented the staff report stating that Drive-thru facilities are necessary to conduct the operations' of the bank. The Staff recommended conditional approval subject to five recommended conditions as set forth in the staff report. Mr. Halus opened the public portion of the Hearing at 7:40 P.M. Mr. James Engbarth President of Santiago Commercial Bank, 18031 Irvine Blvd. concurred with the staff report. Mr. Nick Barletta 105 S. Prospect, Tustin, asked if a decision has been made on the right-of-ways concerning the adjoining property where the memorial building is located. Mr. Barletta stated he was interested in the widening of First Street due to the increase of traffic that would be created by the surrounding businesses and the banking facility as First Street would be badly congested if the street was not widened soon. Mr. Gill stated that the Island and the widening of the street has not been included in the 1970 Fiscal Budget. However, the center Island is not anticipated for quite awhile, but th~ widening of the street should be within the next six months. -3- ' PC Minutes Dccel~d)er 22, 1969 Mi:. ]lalu:~ d~,cl,~l:ed t]z{; publiG.p~tJon of t]~e hearJng closed at 7:45 I'.M. It w,u~ mov~,d by Mr. M. thon~,y, seconded by Mr. Webster tJ~at Rr~f;o]ut%ion 1134 be a~{ol~t,.-d, conditionally al~rovin{,; .A. pplica.tion ~{o.. UP-.(,9-329 for the followin~l rea;;ons: The Co~uission finds that the establishment, maintenance and operation of the use applied for will not, under the circum- stances 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. e As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made & part of the motion. Recommended conditions of approval are: 1. Removal of existing underground storage tanks from the premises. Notification of Fire Department prior to the removal. ' 2. Provision of one (1) 10-pound ABC dry chemical fire extinguisher inside the building near the north exit. 3. Closure of all unused drive approaches. 4. Installation of street trees. 5. Approval of Plot, Elevation, Landscaping and Sign Plans by the Development Preview Committee. MOTION CARRIED 5 - 0 Mrs. Ludwig abstained 3. v-69-264 C.W. ERICKSON · To permit the installation of a fence to surround a mobilehome park, not having uniform treatment on all sides as required by ordinance. 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 feet on the southeast side of Browning Avenue between Mitchell Avenue and Nisson Road. Mr. Su~in$er stated that Mr. Erickson has requested a continuance to the meeting of January 12, 1970. Mr. Halus opened the public portion of the hearing at 7:50 P.M. Joseph Di Mercurfo 14261 Fernbrook, Tustin, asked for a clarification of "uniform treatment". No.~r. an Halus explained "that any mobile home or trailer park shall be surrounded by a six foot sight obscuring fence or wall of uniform treat- ment except within 25 feet of an entrance to or exit from a public street when such wall or fence shall have a maximum height of 3 feet unless greater height is specifically approved in the conditional Use Permit. The intent is that whatever treatment they should use in the wall would be the same all the way around the perimeter of the property. The application at present is for slump stone (La Paz) across the face or along the road which is also the freeway. The balance is for tri-stake redwood. Mr. Di Mercurio stated that he is familiar with the tri-stake redwood fence and within a short time they fall apart and become unsightly. Therefore, he is opposed to this type of fence and opposed to the granting of the variance. Paul llaboian 14271 Shadybrook~ stated that h~ could not appear but he wished to go on record opposing the redwood tri-stako fencing and would like the fencing to be uniform in keeping with tho original ordinance. - 4- PC ~linut~J December 22, 1969 ~rnig Moo:;wian 14285 Shadybrook Drive, Tustin, stated that he oppo'ges the redwood fence due to J.t reducing the aesthetic value of the homos on the street. He felt that it also creates a safety hazard to the two homes that abut the fence and the trailers and automobiles traveling down the roadway it leaves no protection to the people in the backyards in the event they should crash through the fence. He feels that there should be a substantial fence in that area. Bert Winer, 14311 Shadybrook Drive, expressed his objection to the tri- stake fence along the two cul-de-sac streets, Fernbrook and Shadybrook. Mr. Winer concurred with the opinion of Mr. De Mercurio in that the fen¢ becomes unserviceable and unsightly. He felt that the slump stone fence would be more lasting and would not detract from the appearance of the homes in the general area. He also stated that the grape stake fence would not be sight obscuring as the ordinance requires. Mr. Bill Johnson 14262 Shadybrook, stated that he lives along the grape- stake fence that is presently there and the height is only 4' 11%". He stated that it will not obscure the vision of the trailer park, and with the ~evere winds he has had to repair the fence twice. It is his feeling that it will not benefit either the present homeowners or the new trailer- park development. Mr. Halus asked Mr. Johnson if he would have any objection to the grape- stake fence along the railroad track. Mr. Johnson stated that regardless of where the grape-stake fence is, it is only a temporary fence and that it should be a permanent fence around the perimeter of the trailer park. Mr. Stewart Thomas 14302 Shadybrook, stated that it was his feeling that the ordinance was designed for uniformity and that it should be kept that way, including the railroad track. Mr. David S~v99e 14321 Shadybrook Drive, voiced his concern for a unifo~ wall or fence. He stated that Browning Avenue now has the slump-stone fence and the residents would like to see the entire community continue in the same manner in which it was started. Mr. Halus declared the public portion of the hearing closed at 8:00 P.M. Mr. Su~inger stated that the railroad side of this property is just as important as the sides abutting the existing single family dwellings. He stated that the railroad is only on an easement and doesn't serve too much as far as users and that the Irvin. e Co. has plans for single family dwellings right across the railroad. He felt that when it occurs that the railroad will probably move but. Consequently the southeast side is just as important as the southwest side. It was moved by Mr. Mahoney and seconded by Mrs. Ludwi~ that Application No. V-69-264 be continued to January 12, 1970. Mr. Larnard stated that it is his understanding that the ordinance re- quires that the fence have uniform treatment and that it be six feet high surrounding the trailer park. He felt that it would be possible for the applicant to construct the tri-stake fence on all four sides of the trailer park according to the ordinance. Mr. Halus explained that it would be possible subject to approval of the Development Preview Committee. J~mes Su~inger, Mr. Chairman, there was a condition in the approval as per the ordinance that the fence plan b~ approved by the Development Preview Committee. We mentioned in the previous staff report on the Use Permit that the fence was required to have uniform treatment because Mr. Erickson's plans showed that two sides were slump stone and ~hat two sides were tri-stake. - 5- PC Minutes Decc~d0er 22, 1969 Mr. Larnard inquired of Mr; 'SU~'~er, if the applicant is to erect this fence'~ is the grade measured from his side of the fence or fz~)m the high- est grade position of either side. Mr. Supinger answered that it would be measured from the applicants side. The above MOTION CARRIED 6 - 0 OLD BUSINESS 1. UP-69-284, ~E CANYON COMPANY Request for an extension of Use Permit UP~69-284 for a 99-bed conva- lescent hospital for one year from the date of expiration, February 10, 1970. Location Site fronts 200 ft. on the northwest side of Newport Avenue approximately 305 ft. northeast of Myrtle Avenue. Mr. Supinger stated that a request has been received in the Planning Department for UP-69-284, The Canyon Co. for an extension of the Use Permit for a 99-bed convalescent hospital for one year from the date of expiration, February 10, 1970. He submitted the letter of request, previous staff report and the resolution of approval. It was moved by Mr. Webster, seconded by Chairman Halus that UP-69-284 be extended for a ~eriod of one year from the expiration date of February 10, 1970. Mr. Curtis stated he was concerned about how items of this type were going to be treated due to the new legislature going into effect shortly. As it is understood they must have state approval and state concurance of the need. Mr. Halus stated that it is the problem of the State and the applicant not the concern of this body at this time. Mr. Curtis voiced concern regarding the need of this project. He stated that it was his understanding that certain areas of the County now are having a problem trying to meet the medical and medicare standards for the best position as far as operating profits. Mr. Halus stated if he interpreted the comments correctly, Mr. Curtis was asking this body to consider the economic feasability aspect of having several establishments of this type. VI. NEW BUSINESS Mr. Curtis stated that his concern was for the need in' the community. Chairman Halus stated that he was not sure this could be established. Mr. Webster stated that Mr. Curtis's comments explain themselves in that if we approved a hundred hospitals of this type then they would still have to be approved by the State of California and if the State of California decided there was a need for only one then only one would be built and most probably the one out of the hundred with the best potential so it would be a self eliminating problem. MOTION CARRIED 6-0 1. L~-69-312 STATERBROTHERS MARKET(WALL SIGN) Request for Initiation of a Use Permit to permit a Wall Sign for Stater Brothers Market, Pedicini Shopping Center. Location: Site fronts on the northwest side of Red Hill Avenue between Mitchell Avenue and Nisson Road. Mr. Supinqer stated that on November 10, 1969, a Use Permit was conditionally granted for a free-standing sign to identify Stater Brothers Market and other tenants in the Pedicini Shopping Center on Red Hill Avenue. Due to an oversight it was not noted that a request for a wall sign was not included in the application and tho request was not advertised. Mr. Supinger requested that the Commission authorize the staff to notice a Use Permit for the January 12, meeting. It was moved by Mr. Webster, seconded by Mr. Larnard that a minute order be adopted authorizing tho Staff ~o advertize for a wall sign for the Pedicini Shopping Center. MOTION CARRIED UNANIMOUSLY - 6 - PC v3nutes l)ecembcr 22, 1969 VIi. COF~ESPONDENCE 1. County Case No. UV-6356 R.S. Butler on behalf of TEXACO, INC. Request to permit a free-standing, illuminated service station sign in connection with site modernization in the C-1 District. Location: Site fronts on the northwest side at Newport Avenue adjacent to and south of the Santa Ana Freeway. Mr. Sup]nqer presented the Staff Report stating that the proposal is to replace an existing free-standing sign with a height of 18 feet, area of 36 square feet per side and illuminated by exterior floodlights with a free- standing sign with a height of 16'2" area of 33 square feet/side and with interior illumination. He stated that the County be informed that the Planning Commission have no objection and that Texaco should be commended for reducing the height and area of the sign. After a brief discussion the Commission commended Texaco, Inc. for re- ducing the height and area of the sign, but pointed out that the Orange Count~ Planning Commission should be made aware Tustin's ordinances do not allow rotating signs. It was moved by Mr. Mahoney and seconded b~ Mrs..Ludwi~ that the county be informed of no opposition. MOTION CARRIED UNANIMOUSLY 2. County Case UP-3072 RIC}~RD K. BROOKS Jr. on behalf of Red Hill LUTHE~N CHURCH To permit the addition of a kitchen to an existing church facility in the R-1 District. Location: Site fronts 260 feet on the southeast side of Red Hill be- tween First Street and Melvig Way. Mr. Supinger presented the Staff Report stating that the Proposal is for the addition of a small kitchen area at the southwest corner of the existing church building. The Planning Department sees no objection to the proposed addition. He recommended that the County Planning Commission be informed that you have no objection to the approval of UP-3072. It was moved by Mr. Larnard and seconded by Mr. Mahoney that the county be informed of no opposition. MOTION CARRIED UNANIMOUSLY It was moved by Mr. Larnard and seconded by Mr. Mahoney that the meetin9 be adjourned. MOTION CARRIED UNANIMOUSLY Chairman Halus declared the meeting adjourned at 8:30 P.M. CHAIRMAN OF THE PLANNING~COM~XII$SION SECRETARY OF THE PLANNING CO~V~4ISSION ./ -7-