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HomeMy WebLinkAboutPC Minutes 12-08-69MINUTES OF A REGUIAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 8, 1969 C~%LL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF The meeting was called to order at 7:30 P.M. by Chairman Halus. Led by Mrs. Ludwig. Present: Commissioners: Mr. Webstert Mr. Curtis, Mr. Larnard, Mr. Mahoney, Mr. Halus, Mrs. Ludwig. Absent: Co~missioners: None Others Present: Dan Blankenship, Assistant City Administrator James G. Rourke, City Attorney James L. Supinger, Planning Director Jo Ann Turner, Planning Commission Secretary It was moved by Mr. Curtis, seconded by Mr. Larnard that the minutes MINUTES PUBLIC HEARINGS of October 27, 1969, be a~oved as mailed. MOTION CARRIED 6-0.' 1. UP-69-327 - A.G. CURRIE ON BEHALF OF ~IE TUSTIN SCHOOL DISTRICT. To permit the erection of five (5) leased duplex portable class- room buildings and one (1) leased single portable classroom building at the W.R. Nelson Elementary School. Location: Site fronts approximately 620 ft. on the southeast side of Browning Avenue and approximately 627 ft. on the northeast side of Walnut Avenue. Mr. Su~inger presented the staff report stating that this proposal is to utilize eleven temporary portabl$ classrooms in the initial phase to accommodate the increased elementary student load in the South Tustin Area caused by the explosive residential growth which has occurred during the last two years. Approval was recommended for the maximum six month period subject to the recommendations of the Fire Department. Chairman Halus opened the public portion of the hearing at 7:35 P.M. Mr. Archie Currie, applicant, stated that he was satisfied with the Staff's report including the conditions stipulated. There being no other comments from the audience, Chairman Halus declared the public portion of the hearing closed at 7:38 P.M. It was moved by Mr. Mahone¥, seconed by Mr. Larnard that Resolution No. 1131 be adopted conditionally ap~rovin$ UP-69-327 for a period of six (6) months for the followin~ reasons: PC Minutes - December 8, 1969 1. The Commission finds that the establishment, maintenance and and op(:r~t~on of the use applied for will not, under the circum:~tances of the particular case be detrimental to the health, :]afety, morals, comfort and general welfare of the pe.rsons 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. Conditions of approval are: A 2-% gallon pressurized water extinguisher and a fire alarm box shall be provided within 100 feet of travel from building exits. The extinguishers may be located inside the classrooms near an exit if a "FIRE EXTINGUISHER INSIDE" sign is placed on each side of the door. 2. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. Ail drapes, hangings, curtains, drops and other decorative materials, including Christmas trees, that would tend to increase the fire or panic hazard, shall be made from non-flammable material (fiber-glass) or shall be treated and maintained in a flame retardant condition by means of a flame retardant solution or process approved by the State Fire Marshal. THE ABOVE MOTION CARRIED 6-0. 2. UP-69-303 - GERTRUDE HARRIS ON BEHALF OF BLANCHE WOLFE To permit a six (6) month extension of the time limit of an existing Use Permit for utilization of two (2) existing non-conforming structures for the sale of antiques, used furniture and decorator items. Location: Site fronts 180 ft. on the southeast side of Newport Avenue approximately 150 ft. southwest of the centerline of Irvine Boulevard and is the site of existing structure No. 13122 Newport Avenue. Mr. Su~Sn~er stated that the applicant has not indicated a wish to utilize the front building bn the property. He stated that it is the feeling of the Planning Department, as well as the Fire and Building Departments, that there is a greater fire hazard on. the property with the present use than there would be if the buildings were vacant. Denial of the request was recommended. Chairman Halus opened the public portion of the hearing at 7:40 P.M. Mrs. Gertrude Harris - 4361 Salinwood Way, Irvine, applicant, stated that the business has been successful and would like to continue, although ske would be ready to vacate the building in 30 days if necessary. She stated that there has been no vandalism on the property since the establishment of the business and felt that Tustin needed this type of a business. - 2- PC .x:tl~ute:; - December H, 1969 Those verb, Lily :;peaki.ng for the business and requesting consideration of the extcnsl.on of time are as follows: Mr. Nichols, lP..'t~22 KeJth Pla(:(: Ms. Jan'ice McGee, 1(,21 ],lo. lvin Way MS. Linda Sci~ere~ 1356'/ Sierra Alta Drive Mrs. ~.[¥ht, 12502 Kenwood Lane Their feeling was that this has offered a "do-it-yourself" project and hobby that was not only beneficial to them, but offered a chance for the creative type person to purchase items at a low cost. They express appreciation for this type of business and stated that it had caused nc detrimental effects for the community. Mr. Blankenship, Assistant City Administrator, stated that Mr. Gill, City Administrator, was unable to attend and he was speaking in his behalf. He stated that Mr. Gill felt that the building was no more hazardous being occupied than it would be if vacated. There being no other comments from the audience, Chairman Halus declared the public portion of the hearing closed at 8:05 P.M. The Commissioners discussed the use, the structure, the fire hazards, the conditions that had been previously stipulated, and any future use that might be more conforming. The general opinion of the Commission seemed to be concern relative to the use and location being in a non-conforming structure and that it would not be in the best interest of the community. Mr. Larnard asked Mr. Supinger if the conditions set forth by Mr. Oster in his motion at the July 14th Planning Commission Meeting have been met. Mr. Su~i~9~r explained that he has discussed this with the Fire and Building Departments and the~ have complied with the conditions as set forth in the previous motion. I~r. Larnard asked if any Electrical connections have been installed. Mr. Supin~er stated that there have been none. I.!r. Larnard stated that based upon Mr. Blankenship's remarks and due to the previous conditions having been complied with, he moved that Appli- cation No. UP-69-303, be granted for an extension of six (6) months as requested. Mr. Curtis seconded the motion. THE ABOVE MOTION WAS VOTED BY ROLL CALL. AYES: NOES: CURTIS, LA,NARD HALUS, LUDWIG, MAHONEY, WEBSTER MOTION DENIED 4-2 3. ZC-69-199 - ROBERT HALL ON BEIL~LF OF CID%RLES GREEN~.~OOD For rezoning of a 1.07 acre portion of a 2.15 acre parcel from the 100-C-i-P-15,000 (Retail Commercial & Combined Parking) Distric~ to PC (Planned Community - Commercial) District to permit a comaercial condominium development of 10 lots and common area. Location: Site fronts 250 feet on the south side of Irvine Boulevard (Fourth Street) just east of the intersection of Irvine Boulevard and Prospect Avenue. Mr. Su~in9er stated that this proposal is for a ten lot co~nercial condominium wherein the individual businessman would purchase his shop, and the land on which the shop is built, in fee and would also own one- tenth of the parking,.landscaping and sidewalk area in common with the other shop owners. - 3 - PC Minutes - Dccen~er 8, 1969 Mr. Sup~nger stated that a special free- standing sign is proposed to identify individual tenants. No location is stipulated, but the sign would have a height of 22'6" 218.5 sq. ft. per side, total area of 437 sq. ft. and minimum height to bottom of the sign of 4 feet. He recommended approval to the City Council subject to the 8 condidtions set forth in the staff report. Chairman Italus opened the public portion of the hearing at 8:10 P.M. Mr. Robert Hall, 17452 Irvine Boulevard, stated that they find that there is a need for small, specialty type shops and that a lot of the local merchants would like to own their own shop. Mr. Hall described the shops, stating that the parking area would be located in the rear of the businesses, which would hide them from the front view. He stated that the stores would be located close to the front portion of the property, which would eliminate excessively large signs. He explained that there would be a "kiddie" play area for children, allowing parents to shop with more ease. He felt that the overall plan was unique in the design. Mrs. Ludwig inquired as to where the eating area would be located and ~. Hall stated that it would be on a covered patio screened by land- scaping. Mr. Hall stated that there will be a few two-story structures, which will be located in the back, giving a low profile appearance to the front. He stated that the property is all underone ownership at this time. Mr. Mahoney asked what is planned for the corner parcel. Mr. Hall stated that Mr. Greenwood is retaining the corner lot along with another parcel on the east side of about a 100 foot frontage. He stated that they are coordinating their efforts and that there will be common drives and easements for traffic flow. I.:r. Greenwood stated that to the west of the property, plans are being coordinated for the balance of the property. He stated that the prelimi- ary plans will tie in with the concept of the proposed plans requested by Mr. IIall, although at this time they do not have any kind of a guideline as far as printed plans to review. Mr. Curtis asked Mr. Greenwood to explain and clairify the type of plans he is proposing. :.:r. Greenwood stated that at the present time he does not plan on the small shops but more office use will be planned, such as escrow offices and semi-commercial office use. ?.:r. Iiall stated that he is purchasing land from Mr. Greenwood and will be developing and marketing the land. There being no further comments from the audience, Chairman Halus declared the public portion of the hearing at 8:25 P.M. Mr. Mahoney asked Mr. Hall if he would have complete architectural control on the exterior. - 4- PC Minute:; - December 8, 1969 M}'. II. ill ~,Xl~]aiut,¢l t.li,xt wl~en I'he buyer take~ ~.t over it will be, compl,:t,~d ~v"~'t]'h-~i'~,'ol~ri,ttt, d~,,,tl:; ;t;ld rtu{trJctionu so that it will bu maintain,:d and kept in itu original concept. b:r. MaP. oney asked Mr. Hall if the conditons of approval, outlined in the staff report, were satisfactory. Mr. Hall was in agreement with the staff's report. Chairman IIalus stated that this type of plan appears to have a lot of merit and co:mnended Mr. Hall for presenting such a plan. Mr. Halus asked b:r. Supinger who would set the criteria for such a development. ~r. Supinger stated that it was his intention in the recommendation that the criteria would be established by the plans, conditions and that the Develop- ment Preview Committee would only review this as a matter of course. He stated that he did not feel that they should set up the standards for this project. Chairman Halus stated that he did not feel that the plans submitted this evening were adequate for the situation that Mr. Supinger had just described. 5:r. Larnard stated that recommended condition No. 2 covered that part relative to the Development Preview Committee's action. He further inquired of the City Attorney, Mr. Rourke, if City review of the CC&R's might not be advisable. The City Attorney concurred. It was moved by Mr. Larnard, seconded by Mr. Mahoney, that Resolution No. 1132 be adopted, reco:~ending to the City Council conditional a~roval of ZC-69-199 for the following reasons: The proposal is a new concept of commercial development which provides the amenities of a large complex while encouraging the individual businessman. 2. The proposed development will be in keeping and compatible with the Town Center and existing Irvine Boulevard development. e As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made apart of the motion. Conditions of approval are: 1. Approval and recordation of a subdivision map. e Approval of Plot, Elevation and Landscaping Plans by the Development Preview Committee. 3. Compliance with t~e requirements of Fire Zone 2. e Banners, bunting and flags (except City, State or Federal) shall be prohibited except for a grand opening period Which is defined as one (1) month after issuance of final use and occupancy permit by the Building Department. So Temporary promotional displays shall be limited to thirty (30) days per quarter, the area of which shall not exceed one-third (1/3) of total window area. 6. No merchandise'shall be stored or displayed outside of an enclosed building. - 5- PC lvlinutes -,December 8, 1969 7. Outside.acti'vitics shall bc prohibited except for an outside eating area. A 6'8" solid masonry wall shall be constructed along the south boundary. 9. CC&R's be reviewed and approved by the City Attorney. Mr. Webster asked Mr. Supinger what the signing regulations were at this tinge. Mr. Supinger explained that the free-standing sign would be approved by this application, if approved as recommended. He stated that the proposed building signs would not be approved by this action. He stated that at this point, the proposed signs are not specific enough for approval. Mr. Webster stated that he would like to clarify the sign condition, since it was not set forth in the recommended action, specifically - the sign is a matter of approval as the staff recormmends, to be viewed by the Development Preview Committee The above motion carried unanimously. 6-0. VI. OLD BUSINESS 1. UP-68-Z76 - CONVALESCENT HOSPITAL To permit an extension of six (6) months for construction of a Z90 bed convalescent hospital at 1092 Bryan Avenue. Location: Subject property fronts 500 feet on the southwest side of Bryan Avenue and 645 feet on the north side of Main Street, leaving frontage having depth of approximately 180 feet on the southeast side of Newport Avenue for further commercial development. Mr. Supinger stated that the staff has no objection to this request. Mr. John Siesel, 515 East First Street, stated that the plot plans shoxv that the request is for 190 bed4 and the agenda shows a Z90 bed development. He asked for a clarification of the matter. Mr. Supin~er stated that the request was approved for a 290 bed hospital, however, the plans do show only 190 beds. Chairman Halus stated that it was his understanding, that at a later date, a two story structure might be a possible revision of the requested single story hospital. Mr. Supi.nser explained that they are limited to a one story building, although if they are able to get 290 beds in the proposed plans, rather than the 190 as indicated on some of the plans, they would be permitted to do so. He stated that if a two-story plan is submitted, a Use Permit would be necessitated for such a substan- tial change. -6- i~C Minutes - December 8, 1969 Mr. Rourkc stated that they would have to comply with thc request as previously approved. I-Ic indicated that since a one story structure is shown on thc original plans, the hospital would be limited to a single story structure. Mr. Larnard stated that it was his understanding, that thc only available plan indicating the elevation of the building was the one (1) elevation drawing and it was not specific, although it appeared to be just a one story structure. He stated that it was not a dimensioned drawing and felt that the verbiage should be spelled out as to exactly whether it is a one story or a two story structure. Mr. Halus inquired of Mr. Rourke, City Attorney, if this could be stipulated along with making the minutes of this meeting a condition of the motion so that the intent is carried forward. Mr. Rourke stated that if the extension is approved, a condition could be made to limit the project to one-story. Mr. Larnard explained that this was his reason for pursuing the situation so that any ambiguities could be cleared up at this time. Mr. Webster asked how specifically binding are the plans, grafts, representation, etc., when they are submitted at the time of the cia s sification. Mr. Rourke stated that in th.e typical resolution, it is stated that the permit is granted to permit certain requests as applied for. This is interpreted to mean whatever is submitted and filed as being part o£ their application and that they are tied into that. I-Ie explained that this particular application did not specify exactly whether it was a one-story or two-story structure, nor did thc re solution. Mr. Curtis asked Mr. Rourke if the standard rules could be in- corporated on this renewal even though they were not in the original resolution. Mr. Rourke stated that this could be done and felt that it would be desirable to have this one-story limitation imposed and in the event the resolution granted on the original application is quest- ioned, the extension approval would.also cover the action on the previous request. It xvas moved by Mr. Larnard, seconded by Mr. Webster, that Application No. UP-68-276 be granted to permit.an extension of six (6) months for the construction of a convalescent hospital. Condition of approval: It will be lin%ired to a one-story structure consistent with the plot plan and elevations submitted with the original application. Mr. Mahone¥ asked why the limitation of one-story was a con- dition when there are two-story structures in the area. -7- PC Minutes - l)cccml)cr 8, 1969 Mr. Ilaltt:; t;xl~lainc¢l that if any major changes were made such as thc construction of a two-story building, it would necessitate another application through thc proper procedure. MOTION CARRIP]D 5-1. Opposed: Mr. M. ahoney 2.. UP-68-277 - HOME FOR THE AGED To permit an extension of six (6) months for the con- struction of a 100 bed rest home at 1051 Bryan Avenue, Tustin. Location: Site fronts 220 feet on the northeast side of Bryan Avenue approximately ?-30 feet southeast of the centerline of Newport Avenue. After a very brief discussion, it was moved by Mr. %Vebster, seconded by Mrs. Ludwig, that Application. No. UP-68-?-77 be ~ranted to permit an extension of six {6) months for the con- struction of the rest home. MOTION CARRIED 6-0. VII. NEW BUSINESS NONE VIII. CORRESPONDENCE COUNTY CASE UP - 3067 - VERN CROCKER ON BEHALF OF PACIFIC TELEPHONE AND TELEGRAPH COMPANY To permit the establishment of a second story addition to an existing corn/nunication equipment building in the E4 (Small Estates) District. Location: Northwest corner of the intersection of Irvine and Browning. Mr. Supinger stated that the staff Has no objection. Mr. Vern Crocker, 5?-5 "B" Street, San Diego, representative was in attendance. After a brief conversation among the Commissioners, it was moved by Mr. Curtis, seconded by Mr. Larnard, that the County be informed of no opposition of subject reciuest. MOTION CARRIED 6-0 Z. COUNTY CASE C-1390 - KAY LONG ON BEHALF OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, TUSTIN WARD. To permit the establishment of a church in the R4 "Sub- urban Residential" District. Location: Site fronts on the southwest side of San Juan Street at the intersections of Farmington Road and Falmouth Place with San Juan Street. -8- I)C hlim~tcs - l)cccmb,'r 8, 1969 Mt'. Supinv, cr stated ,that the staff has no objection of subject rcquc st. Nit. Dean Olson, 1Z88Z Woodlawn Avenue, representing the church, explained thc need for this facility and stated that he would be will- ing to answer questions that thc Commission might have. It was moved by Mr. Mahoney, seconded by Mr. Larnard, that the .County be informed of no opposition for subject rectuest. MOTION CARRIED UNANIMOUSLY (6-0) 3. LETTER FROM MR. JERRY TAMBURELLI Requesting the use of an existing building, formerly used as a 7-11 store, to be converted into a Pizza Parlor. Location: 25 Laguna Road. Mr. Supinger explained that ~X4r.°T amburelli is wanting a guideline or approval of some type to establish a pizza parlor in the vacant building that ~vas formerly utilized as a 7-11 market. Mr. Tamburelli stated in his letter that there would be no change in the size of the existing sign and felt that approximately 70% of the business would be sit-down, leaving the remaining 30% as take-out. _Mr. Supinger felt that a Formal Finding could be adopted for this particular use. .1V~r. Su?inge.r informed the Commission that he explained to Mr. Tamburelli, that he did not know if the Commission would con- sider thc operation a sit-down or take-out type of restaurant. .Mrs. Ludwig suggested that the Commission review the rest- aurant standards and possibly set up a combination set of rules for requests such as this, since it seems to be coming up more often. Mr. Larnard stated that sufficient information or research has not been made available for a deterlmination as to a sit-down or take-out type of restaurant and strongly felt that an extensive survey should be made to help determine what constitutes this type of restaurant. The Commission. discussed parking requirements, what determines sit-down or take-out requirements, the area in question and felt that the entire project would have to be reviexved before a decision could be made. It was moved by Mr. Larnard, seconded by Mr. Mahone¥ that due to lack of information, a decision could not be made at this time. The staff was requested to study the request and make some type of survey relative to combination restaurants and report back to the Commission. ABOVE MOTION CARRIED 6-0 -9- IX. OTII],'.I~ BUSINESS Mr. 1. TNT SUB-COMMITTEES - (WORKSI'IOP GROUPS) 1V[r. Charles Greenwood, Chairman of the TNT Committee, submitted a letter asking for volunteers to serve on sub- committees relative to the Phase III Study. Those volunteering arc as follows: Curtis - Town Center Improvement Committee Mahoney - TustinGeneral Plan Committee Larnard - Ordinance rievision Committee Z. SC}IOLZ HOMES JOINT WORKSHOP Mr. Halusstated that the applicants of subject application have requested a joint workshop meetin§ with members of the City Staff to discuss the best use for the property on 4th Street between Prospect and "B" Streets. A meeting was scheduled for December 17, 1969. 3. COUNTY CASE ZC-69-55 - R.T. FRENCH DEVELOPMENT CO. Proposes to change from the E4 "Small Estates" District to the AC-CN "Architectural Supervision - Commercial, Neighborhood" District. Location: Located on the south s'ide of Prospect Avenue in the north Tustin area. Mr. Supinger stated that the above application was received in the Planning Department office too late to write a report. He stated that he does not feel that there is justification for commercial use, from a professional standpoint. After a brief discussion, the Commissioners voiced concern rel- ative to a residential buffer on the west side of Prospect being stipulated. The~ felt that the City ~hould make some indication that this type of buffer is needed. Chairman Halus reiterated that this body is expressing their concern, not only for this parcel, by having an adequate buffer but 'to preclude development of any other commercial use doxvn 17th Street. It xvas moved by Mr..Maho~n.cy, s.econded by Mrs. Ludwig, that the mceting be adjourned. Carried unanimously. Meeting Was a dj°urned at 9~3fPFP'M'//~~~ 3~C~~ CHA-i'iLMAN OF PLANNIN~ ,iM'i~SION gECRETARY OF PLANNING COMMISSION