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HomeMy WebLinkAboutPC Minutes 11-24-69MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 24, 1969 CALL TO ORDER EDGE OF z~..LEGIANCE The meeting was called to order by Chairman Halus at 7:30 P.M. Led by Commissioner Halus. III. ROLL CALL Present: Commissioners: Curtis, Oster, Larnard, Mahoney, Ludwig, Webster, Halus Absent: NONE Others Present: Harry E. Gill, City Administrator James G. Rourke, City Attorney James L. Supinger, Planning Director Jo Ann Turner, Planning Commission Secretary IV. PUBLIC HEARINGS 1. UP-69-318 - SOCAL PROJECTS INCORPORATED (Continued from November 10, 1969) To permit the establishment of a 126 bed Neuro- Psychiatric Hospital. Location: Site fronts approximately 330 feet on the southwest side of Bryan Avenue and approximately 640 feet on the north side of Main Street, southeast of Newport. Mr. Supin~er presented the Staff Report stating that this was continued from the meeting of November 10, 1969, which gave any interested persons time to learn more about this type of facility and to visit the Applicant's similar facility in Brea. He further stated that the Staff Report remains the same in recommending conditional approval as set forth in the Staff Report. Chairman Ilalus opened the public portion of the hearing at 7:32 p.m. ! Mr. John Siegel, 515 East First Street, Tustin, stated that with all due respect to the medical profession in treatment of the mentally disturbed, he was unable to reconcile the compatability of the use of his property with that of the proposed mental hospital across the street. He further stated that he was especially concerned with the environment and image of the City. He requested the denial of UP-69-318. Those verbally opposing were: Mr. & Mrs. Frank E. Dowler, 1132 Letty Lane Mrs. Geneviev Kovell, 13441 Elizabeth Lane Mr. Hubert Walker, 1152 Letty Lane Mr. More~ Iverson, 1'3'45'2 Cindy Lane PC-Minutes - 11/24/69 Chairman Halus declared the public portion of the meeting closed'at 8:00 p.m. It was moved by Mr. Oster, seconded by Mrs. Ludwig, that Application UP-69-318 be denied for the following ~easons: The Commission finds that the establishment, maintenance or operation of the use applied for will, 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 be injurious or detrimental to property and improvements in the neighborhood or to 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. The Commission felt that this particular piece of property would be better suited for other purposes due to the high activity, commercial uses and the Civic Center. Their feeling was that a professional building or quality apartments would be more appropriate. It was also voiced that perhaps a better area could be found for the use of this application. MOTION CARRIED UNANIMOUSLY 7-0 2. V-69-263 - C.T. GILBREATH To permit a billiard parlor in a commercial complex with less than the required off-street parking. Location: Site is in Jamestown Village Shopping Center which fronts on E1 Camino Real ("D" Street) between Main and Sixth Streets. Mr. Supin~er. presented the Staff Report and stated that the Staff recommends approval for the following reasons: It is the opinion of the Planning Department the required parking, in this area is too stringent. A more appropriate standard would be two spaces for each table. It is very unlikely that there would even be a need exceeding this standard. Chairman IIalus opened the public portion of the hearing at 8:10 p.m. Mr. Gilbreath concurred with the Staff's recommendation. Chairman Halus closed the public portion of the hearing at 8:11 p.m. It was moved by Mr. Mahoney, seconded by Mr. Larnard that Resolution No. 1123 be adopted for approval as outlined by the Staff. MOTION CARRIED UNANIMOUSLY 7-0 11/24/69 -2- PC MinUtes - 11/24/69 3. 'ZC-69-198- SCIIOLZ HOMES, INC. ON BEHALF OF FIRST WESTERN BANK AND TRUST COMPANY For rezoning of an 11.1 acre parcel from the E-4 (Estate Residential) District to the PC (Planned Community) District. Location: Northwest corner of intersection of Irvine Boulevard (Fourth Street and Prospect Avenue). Jim Supinger presented the Staff Report stating that {his proposal, as indicated on the specific plans submitted with the application, proposes two uses on the 11.1 acre parcel: a. Two (2) three story office buildings fronting . on Irvine Boulevard with gross floor area totalling 110,000 square feet. Parking area for the office would be provided at ground level. Three (3) three-story apartment buildings on the northerly approximately 320 feet of the property. Parking for the apartments would be provided both in underground garages beneath each building and at ground level. He further stated that the General Plan suggests a continuation of the Professional Office use along Irvine with Medium Density Residential (4 d.u./acre) use to the north. The proposed plans show professional offices along the Irvine frontage with Heavy Density multiple f~ily (21 d.u./acre) to the north. .The applicants have not submitted any justification with the application as to why the General Plan cannot or should not be complied with. The Staff was of the opinion that the property could be developed in accordance with the General Plan. The only apparent reason that this cannot be done is the value placed on the land by the property owner. The anticipated value of the land is not adequate justification for the zone change. An alternative to conforming to the General Plan would be development of the total parcel as professional offices. Such a proposal would be feasible economically. In addition, the City's previous experience is that professional offices are much more compatible neighbors to single family residences than are apartments. Denial was recommended. Chairman Halus opened the public portion of the meeting at 8:15 p.m. Those opposing were: Mr. Ray Mathewson, 17712 Westbury Lane Mr. James E. Crommit, 17'662 Westbury Lane Mr. Norman Temple, 17572 WeS~bury Lane Mr. Jack Zahm'~ 17592 Westbur~ Lane Mr. Rhodes, 14701 Edin~ton Circle . -3- PC MinUtes 11/24/69 Mr. Crommit stated that in their petition it was stated that they have no particular objection to the office buildings along Irvine. Mr. Temple felt that the Planning Commission had been ~iligent in the past to protect the residents from spot zoning and hoped that this would continue. Mr. Zahm voiced his opinion that he would like to present the safety aspect of the zone change due to the schools in the area. Mr. Rhodes suggested that he was concerned with the underground p~k~.,. ~ilat is proposed with the application. He stated that it would create a theft hazard for the automobiles because of the easy access to the cars without being seen. Mr. Mathewson summed up the feeling of the entire group that they were against any change in the E-4 zone with the exception of professional zoning along Fourth Street. Mr. Chet Stare, Vice President of Scholz Homes presented a statement concerning the background,goals and integrity of the Scholz Homes Company. He also stated some facts about the proposed plans of the complex to insure the desirability of a well planned project of this type. Mr. Jerry Cumming, Landscape Architect for Scholz Homes, 9201 Wilsh~re Boulevard, Beverly Hills, explained how the landscaping would enhance the City of Tustin with its park like quality. Also that some of the trees that exist were to be preserved because of their apparent beauty and age. He pointed out that the reason for such elaborate landscaping was to give the residents of the community the feeling of looking into open fields and area rather than apartment structures. Mr. Frank IIarlem, representative of Coldwell Bank, Santa Ana, made comments regarding zoning. He stated that the majority of residents wanted a community that had quality in construction and deyelopments. In addition, the intent of the developer is very much similar with that of the residents. Mr. George Klavell, 13441 Elizabeth Way, stated that the screening planned with trees a~d hedges was not adequate as stated. ~r. Norman Strain, stated he was concerned with the water that would be used after the Eucalyptus trees were cut. It would eventually leave no screening as the trees would die with the proposed treatment. Chairman Halus closed the public portion of the meeting at 9:30 p.m. It was moved_by Mr. Oster, seconded by Mr. Larnard that the proposed project with the offices in front of the ~roperty and the apartments in the back was not in keeping with the ~lanned community. He recommended to the City Council that Resolution No. 1124 be adopted reco~endin~ to the Ci.t~ Council, the denial of ZC-69~198 for followin~ reasons: 11/24/69 -4- PC Minute~-ll/24/69 The proposed apartment usage (approximately 21 d.u./acre) conflicts with the Tustin Area General Plan which designates the area north of the professional office frontage on Irvine as Medium Density Residential (4 d.u./acre). Adequate justification has not been given for amendment of the Tustin Area General Plan. t Evidence has not been given which would substantiate that the property could not be developed as suggested .by the General Plan. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. Mr. Webster stated that he objected, because the full impact of high density residential is placed up against the property line of E-4. Chairman Halus expressed his feeling that even though he. felt this was a much needed development in the community, that this was not the site, and there were several alternatives as a consideration in this location. MOTION CARRIED UNANIMOUSLY 7-0 4. UP-69-320 - RED HILL TEXACO To permit the outside storage and rental of trailers, camper trailers, medium sized moving vans (or trucks) and/or motor coaches in conjunction with an existing service station. Location: The southwest co~ner of the intersection of Red Hill Avenue and Laguna Road, (13931 Red Hill Avenue) 5~. Supinger stated that the subject service station was developed prior to adoption of the ordinance requiring the issuance of a Use Permit for service stations and prior to the adoption o~ service station site development guide. Consequently, it is non-conforming use. He presented the applicants justification stating that because of the car wash business which also sells gas and the installation of three new stations just south of the Santa Ana Freeway on Red Hill that must consider-new sources of revenue if they are to remain in business. Mr. Supinger stated that the Staff recommends denial of UP-69-320 on grounds that the proposed uses could be detrimental to the area. Chairman Halus opened the public portion of the hearing at 10:00 p.m. Mr. Ray Trazinsky, 12332 Country Lane, a partner in the business known as Redhill Texaco., felt that the use of this renting of equipment might supplement their revenue and also stated he thought his license covered this type of operation. He further stated that he was notified that he would have to apply for a Use Permit which he did. -5- 11/24/69 PC Minutes 11/24/69 Chairman IIa].us closed the public portion of the meeting at 10:10 p.m. It was moved by Mr. Mahoney, seconded by Mr. Oster that ap?licatio, n. No. Up-69-320. be condit'ionally .a.Dproved restricting that not more than 4 trailers and one motor coach be permitted on the property at one %ime. Mr. Mahoney amended the motion to restrict it to 3 flat trailers located on the west end of the property and one trailer located as a model in front between the driveways. MOTION FAILS 4-3 AYES: NOES: Curtis, Oster, Mahoney Larnard, Webster, Ludwig and Halus 5. UP-69-321 BRANCUSI ON BEHALF OF TOM PELFREY To permit the utilization of an existing non- conforming structure as a furniture store. Location: Site is at the northwest corner of E1 Camino Real and Second Street. Chairman Halus opened the public portion of the meeting at 10:22 p.m. Those voicing an opinion were Mr. Martin Perfit from Brancusi and Mr. Bob Hall, 17452 Irvine Boulevard, Tustin. The applicants did not feel tearing down the garage would be necessary for they didn't feel the garage was detrimental to the area. The Staff felt the two story structure at the rear of the property should be demolished. A bonus of the removal of the structure would be that space would be made available for three parking spaces to the rear of the main building. The recommended conditions of approval a re~: 1. That the two story structure on the rear of subject property be razed and be replaced by paved parking spaces. A 2-1/2 gallon pressurized water type fire extinguisher shall be provided and located near an exit. ® Unobstructed aisles, 42-inches in width, shall be established through the storage. It was movgd by Mr. Webster, seconded by Mr. Larnard that Resolution No. 1125 be adopted to conditionally approve UP-~9-321. MOTION CARRIED UNANIMOUSLY 7-0 Chairman Halus closed the public portion of the meeting at 10:25 p.m. -6- 11/24/69 Minutes 11/24/69 6.' UP-69-322 IIAROLD L. ADAMS To permit two single family residences on. one lot in the R-l(Single Family Residential) District. Location: Lot contains 14,112 sq. ft. and fronts 63 feet on the west side of Pacific Street approximately 80 feet south of the centerline of Second Street. Mr. Supin~er presented the Staff Report and Recommendations. that this application be conditionally approved. Chairman Halus opened the public portion of the meeting at 10:32 p.m. Mr. Harold Adams, 115 West Main Street, stated that his only comment was that he would co6perate with Tustin Planning Commission and Development Preview Committee in any recommendations that the Commission may have. The public portion of the meeting closed at 10:33 p.m. It was moved by Mr. Curtis, seconded by Mr. Oster that Resolution No. 1126 be adopted to conditionally approve UP-69-322 for the two reasons stated and the three recommended conditions as follows: 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 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. Recommended conditions of a~proval are: Installation of sidewalk and concrete driveway approach. Installation of street ~rees per the Master Street-Tree Plan. Approval of Plot Plan and Elevations by the Department Preview Committee. MOTION CARRIED 6-1 AYES: NOES: Curtis, Oster, Larnard, Webster, Ludwig, Halus Mahoney 7. UP-69-323, 324, 325, 326 - CITY OF TUSTIN To permit the location of portable equipment shelters on the grounds of Helen Estock Elementary School, Beswick Elementary School, W. R. Nelson Elementary School and the San Juan Elementary School for a maximum period of six (6) months. 11/24/69 -7- 'P~ Minutes 11/24/69 It was moved by Mr. Oster, seconded by Mr. Curtis that UP-69-323, 324, 325, 326 be considered at one time as one public ~earing. MOTION CARRIED UNANIMOUSLY 7-0 Chairman Iialus closed the public portion of the meeting at 10:36 p.m. It was moved by Mr. Oster, seconded by Mrs. Ludwig that a Resolution No.. 1127 be adopted to approve UP-69-323 through 326 for a period of six months. It was amended by Mr. Mahoney, seconded by Mr. Oster that Street Trees be put into conform with the General Plan. Mr. Gill stated that most of the trees were in with the exceptio'n of San Juan School as the Street is a county street. Amendment to the motion carried unanimousl~ 7-0 Original motion carried unanimously 7-0 OLD BUSINESS VI NEW BUSINESS NONE ...... -'- NONE VIII. CORRES- PONDENCE 1. COUNTY CASE - UP-3066 - SAINT PAUL'S EPISCOPAL CHURCH To permit the construction of a Parish Hall addition to an existing church facility in the R-1 (Single-Family Residence) District. Location: The northeast side of Wass Street approximately ' 236 feet southeast of Elizabeth Way, in the east Tustin area. It is recommended by the Staff that you inform the County that you have no objection in approving this Use Permit. It was moved b~y Mrs. Ludwig, seconded by Mr. Mahoney that County Case Up-3066 be approved. 'MOTION CARRIED UNANIMOUSLY 7-0 2. COUNTY CASE - UV-6342 - RALPH F. SMITH To permit the construction of a two-story duplex with attached garages on a parcel containing a three unit residential building with detached garages in the R-1 (Single-Family Residence) District. Location: Southerly corner of Melvin Way and Redhill Avenue in the east Tustin area. -8- 11/24/69 PC Minutes 11/24/69 Mr. Supinqer presented the Staff Report stating that the density is five times that of the General Plan and it is recommended to the County that this application be denied as it would be an enlargement of an existing non-conforming use. It was moved by Mr. Curtis, seconded by Mr. Mahone~ that the Commission advise the County .of"the oppos~on of this application. MOTION CARRIED UNANIMOUSLY 7-0 IX. OTHER BUSINESS NONE X. It was moved by Mr. Curtis, seconded by Mr. Mahoney ADJOURN- that the meeting be.adjourned. MENT There being no further business before the Commission Chairman Halus declared the meeting closed at 10:45 p.m. SECREtlY OF THE PLANNING COMMISSION -9- 11/24/69