HomeMy WebLinkAboutPC Minutes 08-25-69 .... " MINUTES OF A REGULAR MEETING
TUSTIN PLANNING COMMISSION.
AUGUST 25, 1969
The meeting was called to order.at 7:30 P.M., by
Chairman Halus.
Led ~y Commissioner Webster..
Present:
Commissioners:
Mr. Curtis, Mr. Oster, Mr. Halus,
Mr. Mahoney, Mr. Webster,
Mr. Larnard.
Absent: Commissioner: Mrs. Ludwig.
Others Present:
Dan Blankenship, Assistant City Administrator
Janes G. Rourke, City'Attorney
James L. Supinger, Planning Director
Jo Ann Turner, Planning Secretary
It was moved by Mr. Oster, seconded by Mr. Larnard, that
the approval of August 11 minutes be delayed to the next
regularly scheduled meeting to allow time for their perusal.
Motion carried unanimously.
It was moved by Mr. Larnard, seconded by Mr. Oster, that the
rules be suspended to consider Item No. 4, under Public
Hearings, out of order.
Motion carried unanimously.
4. UP-69-306 - F~THER JOHN F. SAMMON - TEMPORARY USE OF A
TRAILER
To permit the continued temporary use of a trailer for
school purposes for a maximum period of six (6) months.
Location: Site fronts 330 ft. on the northeast side of
Sycamore Avenue, approximately 650 ft. northwest of the
centerline of Red Hill Avenue.
Mr. Supin~er presented the staff report stating that subject
use was originally approved in January for a six (6) month
period and the permit expired August 1. He felt that it has
not been objectionable and recommended approval for a six
month period subjec.t to the installation of street trees.
Chairman Halus opened the public portion of the hearing at
7:35 P.M.
Father John F. Samson, applicant, stated that they are in
the process of complying with the Fire Department's recom-
mendations and although they were detained in installing the
trees, that condition will be met. Father Sammon stated that
the extra space provided by the trailer is still greatly
needed.
There being no further comments from the audience, Chairman
Halus declared the public portion of the hearing closed at
7:37 P.M.
After a bric[ ¢lJ..~,u.;"3on.., .'z.?_?.n.g. the Commis:;Joner:~, It was
m~ve¢[ by. Mi:. O:;ter, :;(~condc([ by_ Mr. $0~rnar(l, tl~;~t
No. 109~ bi? adoi3t:ed, approving Api)'[i~ation No. U['-69-306
the fol. lowinQ 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 the prop-
erty 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.
Recommended conditions of approval are:
1. Installation of approximately'six (6) street
trees.on the Sycamore Avenue frontage.
Locking devices on both exit doors shall be re-
placed with the type that are openable from the
inside without the use of a key or any special
knowledge or effort.
The curtains shall be treated and maintained in
a flame retardant condition by means of a flame
retardant solution or process approved by the
State Fire Marshall.
.4. The permit is limited to a six (6) month period.
The above motion carried unanimously.
1. V-69-252 - NANCY LaSHELLE & ROBERT ASHWORTH (Continued
from August 11, 1969)
To permit the location of a private school in the R-1
(Single Family Residential) District.
~ocation: Site fronts approximately 400 feet on the west
side of Yorba Street running northerly from a point approxi-
mately 200 ft. north of Jacaranda Avenue.
Mr. Supinger stated that a letter has been submitted by the
applicant requesting withdrawal of subject application due
to successfully Obtaining a variance in the County.
It was moved by Mr. Oster, seconded by Mr. Larnard that
Application No. Vr69-252, be taken off the a~enda.
Motion carried unanimously.
PZ-68-118 - SOMMERVILLE-CONZELMAN COMPANY ( Continued
from July 28, 1969)
For prezoning of a 5.11 acre parcel to the R-3 (1800)
Multiple Family Residential - 1800 sq. ft. of lot area
per dwelling unit District.
Location: Site fronts approximately 665 ft. on the south-
east Side of Utt Drive and 335 ft. on the northeast side of
L
~l:. Sul~in~ler stated I:hat a letter has been submitted by
the al. pl~cant requesting withdrawal of subject application.
The lotter stated that the.y feel a well-planned apartment
house project, with special consideration given to Utt Drive
is needed but at this time, they do not have a precise plan
that would be beneficial to the City.
It was moved by Mr. Oster, seconded by Mr. Curtis, that
A'~lication No. PZ-69-118 b.e .taken.off t.he a~enda.
Motion carried unanimously.
3. UP-69-305 - C. W. ERICKSON - MOBILE HOME PARK
To permit the establishment of a 154 space Mobile Home
Park.
Location: Site fronts approximately 1230 ft. on the southeast
side of Browning Avenue at Nisson Road.
Mr. Supinger presented the staff report, s~ating the
appl'ican~'s'justification is that a mobile home park is
the best use of this property and conforms to the zoning
of the property. The design of the park meets and exceeds
the requirements of Ordinance #329 City of Tustin. He
added that even though the property is zoned for mobile
homes, a Use Permit is required. The staff recommends
conditional approval of this application for the following
reasons and subject to the following nine conditions:
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, mora'ls,'~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 a part of the motioa.
Conditions:
Installation of four (4) fire hydrants, which
shall be supplied by eight (8) inch water mains,
in accordance with department standards at the
following locations:
a. The east corner of Lot 1.
b. The north and'east corner planters of the
recreation area.
c. The east corner of Lot 62.
Provision of adequate fire protection (portable
extinguishers) for the recreation center.
Granting of an additional seven (7) feet of
right-of-way for Browning Avenue in accordance
with the Master Plan of Arterial Highways.
Dedication of a 60-foot easement for street
purposes along the northeasterly side of the
parcel adjacent to the Santa Ana Freeway.
(Use as part of subject Mobile llome Park shall
be permitted subject to the granting of an
encroachment permit by the City Council.)
Con::truction of full str~:et im]~rovcmcnt~'; on ]~rowning
including curb and gutter, full concrete side:walk,
as~halt pavement, and street trees in accordance
with the City's ordinance and Master Street Tree
Plan.
Installation of underground conduit street
lighting on Browning and annexation to the Tustin
Street Lighting District.
Those segments of existing irrigation lines
conflicting with or endangered by any prouosed
construction shall be removed and relocated
or collapsed and backfilled, or otherwise made
to conform to the specifications of the City
of Tustin Building Code or to the satisfaction
of the City Engineer and the irrigation line
owner.
Installation of a fence or wall around the
exterior boundaries of the parcel, e~cept at
the entrance driveway, with a'minimum height
of six ~6) feet and of uniform treatment.
Approval of fence or wall plans, landscaping
plans and recreation building plans by the
Development Preview Committee.
Mr. Curtis asked Mr. Supinger what restrictions there are
on grade level crossings; the distance between allowable
grade level crossings such as between Walnut and Nisson.
Mr. Supinser replied that he understood that would have
to be approved by the Public Utilities Commission and
other than that he did not know of any restrictions on
the spacing.
In answer to Mr. Mahoney's questi~nl Mr. Supin~r stated
the railroad track is a spur from the main lin'e 'of
Santa Fe which runs along Navy Way and it is still in use.
Chairman Halus opened the public portion of the hearing
at 7:45 P.M.
David Kgylor, representing the Irvine Company, stated
he ~as concerned with condition #4 - dedication of a
60-foot easement for street purposes on the northeast
side of the parcel adjacent to the Santa Ana Freeway.
He said his company's studies show that the north-south
arterial highways are becoming somewhat deficient with
their ability to carry the volumes that would be required
in the future. They are concerned that we limit access
to these proposed arterial highways and as it exists now,
Browning Avenue stops at Walnut. Part of their proposed
General Plan would be concerned with an alternate method
of circulation in this ~rea whereby Browning Avenue
most probably would be relocated easterly of the railroad
tracks and become a through ~rterial highway. They are
concerned that we limit access points on these arterial
highways since they, in fact, become connectors to the
freeway system and also are used as residential to
industrial travelways. In this area they are using
primary points of access to their developments as being
the east-west roads since they function perpendicular
to these connectors· Their studies indicate that the
volume expected will be considerably less than would
lle recommended very strongly ~hm~ 0o~t~£~£~ ~4 ~e ~e~m~
from the report·
In an:;wcr to ~lU~'.';tion.imj I~y Mr. Outer, Mr. Karl.or
:;ta~ed th,~t 1~o. had d.iucu:;:;~.~d tl~.io wi~i~ tl~e ~'iL~--I;~ngincer.
Mr. Jack llal]., Civil Engineer. fo.r..~his project, stated
~ tl~o stroet would be of no benefit to the mobile
home site at all.
Charles Erick'son, apI%licant, stated he wished to discuss
some of the conditions. In condition It3 - granting of an
additional 7-foot right-of-way for Browning Avenue in
accordance with the Master Plan of Arterial Highways.
He requested that it be more clearly defined as the
amount of street measured from the centerline. They
have found that the centerline of that street is in-
accurately located anyway, and they're talking about
7 feet along side a line that may not be accurately
located to begin with. In condition #5 - construction
of full street improvements including curb, gutters, etc.,
in accordance with the City's Ordinance and with the
Master Street Tree Plan, they would like to bring the
pavement out to meet the existing pavement. On the
street trees, his proposal was for recessed planters
6'x12~ every 100 ft. on the private property, rather than
in the sidewalk. There would be about ~7 plants to each
of these planting areas to present a good streetscape.
There is an aerial power line there carrying 66 KV's of
electricity which almost prohibits undergrounding and so
the poles would have to remain in the sidewalk. He felt
the trees would further obstruct the sidewalk. In condition
#6 - installation of underground conduit street lighting
on Browning and annexation to the Tustin Street Lighting
District - he felt again that it would be cluttering the
sidewalk with another pole to carry a street light. He
suggested that street lighting there be used as a drop from
the 66 KV aerial down the pole to a street light attached
to that pole and eliminate another obstruction in the
sidewalk. He agreed with condition #7 completely. In
condition #8, he proposed to use La Paz Slumpstone fencing
with possibly some Tristake.Redwood, Slumpstone to be used
on the Browning Street (West) sid~ and Redwood elsewhere.
Chairman Halus closed the public portion of the hearing
at 8:12 P.M.
There was some discussion among the Commissioners concerning
the authority of the Architectural Committee to allow
non-uniform treatment of the.fencing.
Mr. Supinger felt the authority to deviate from the Ordinance
would be within the jurisdiction of the City Council.
Mr. Oster stated he believed conditions 5, 6 and 7 could
be subject to the review of the Architectural Committee
or the Development Preview Committee. He did not feel it
would serve any purpose for the Commission at this point
to spend time going through th~ street tree plan and
everything else.
Mr. Supinger stated he did not'believe the Planning
CommiSsi~ or the Development Preview Committee would
have the authority to vary from the Master Street Tree
Plan; that Ordinance is under the authority of the City
Council and the Parks and Recreation Commission.
Chairman Halus felt there was some merit to the proposal
and the Commission'might want to make a recommendation.
Mr. Oster stated that apparently it is without the
Co~ni~sion's I~ower to change it. Regarding condition #4,
he felt that there was apparently some information which
the staff and the Commission would be interested in having
since any decision would have an ultimate effect on the flow
of traffic through these streets, lie said he personally
would not like to become involved in reaching a decision
on condition #4 at this point.
O[ the [.rv].l](.~ Co. and rc])rc:;cntativc:3 o£'
and th(? C~.ty i.:ng~.ne(:r to determine what 'tile ultimate
i~lan will be ~r.' thi's area and that th6 P.lanning Staff
at our next regularly scheduled _meeti_ng_ g~ve us a report
and haQe the City Engineer available at our next re~ula~l~
scheduled meeting.
Seconded by Mr. Mahoney.
Jack IIall, upon questioning by the Commission, stated
~hat they were on what is called "Dutch Interest" which
is a pretty wicked tune to dance to - $300 a day for
the fact that they are waiting for somebody to make a
decision. IIe felt they had been caught with an opinion
of somebody. He said they were well within the Master
Plan and asking for a street through there he did not
feel was really within the Commission's prerogative. He
said there were all kinds of studies gqing.~n at the
ranch, and he did not feel this project should be held
up for them. He felt they had complied with all the
ordinances and delay would just fix a burden on them
which should really not be fixed on them.
Mr. Oster asked Mr. Rourke if condition #4 is within
the prerogative of the Commission or is it without
the Commission's prerogative.
Mr. Rourke stated it is within the prerogative of the
Commission in the issuance of a conditional use permit.
In answer to questioning by the Commission, Mr. Kaylor
stated he had presented no new information, he presented
the existing information,,in attempting to point out
the problems involved in acting o~.this recommendation.
The traffic volumes are very similar'to what is actually
projected by the County now. The deficiencies in the
north-south direction, they will acknowledge as does the
City Engineer. He did not feel that a postponement would
serve any useful purpose.
Mr. Oster asked Mr. Kaylor if he felt he and the applicant
wQ~d be satisfied with some temporary utilizdtion,
realizing that the word temporary could be one year from
today.
Mr. Kaylor said he did not think that would be an
acceptable solution. He felt it would be a mistake to
enter into that type of agreement.
Mr. Oster stated it was regrettable that the City Engineer
was not present.
Chairman Halus stated~appar'ently Mr. Kaylor and Mr. Hall
did not wish the hearing postponed.
Mr. Oster withdrew his previous motion, with the permission
of the' second, Mr. Mahoney. Mr. Oster then moved that
UP 69-305 be conditionally granted for reasons ~l~and #2
as set forth in the staff report.with conditions of
approval -#1, t12/ ~3, #4 -with a prov'iso 't'ha~'thi's condition
may be w',~i~d'~wi~l~ the concurrence of 'th'~ City Engineer
and th~ City AdministratOr; conditions' ]5, ~6, #7 as set
'f~rtl~ in tlle st~f report, conditioh ~'8 'subject to the
.appr__.Ova1. Of the A~Chit~'~ura]' C0mmi~tee Or D6v~'lopment
Preview CommittDe;..c_ondi~i.0n #9 as set...... forth in the_staff_
~- ·
Cha.il:m.~n II,'~]~i:; stated tl~at on condition J~3 there was
some ~lUC:;t~.on as to just what thc 7 additional feet
rea]].y meant.
Mr. O:~ter stated that condition J~3, in his motion,
~l~ould read: Granti~.q of an additional sew;n (7)
feet of right-of-way for Brownin.q Avenue in accordance
Wi~h the Master Plan of A~teri~iI !~ig~Ways,. subject to
the a~i)roval of the City Engineer and the City
A~minis trator'.
Chairman Ilalus asked Mr. Supinger if the large utility
poles must stay and the overhead power line must remain;
does it meet the intent of the City Staff if the light
fixtures are affixed to these particular poles rather
than running a separate standard and separate underground.
lines?
Mr. Supinger stated the spacing on the poles for this
~ype of line must be different than for a straight
lighting system. He stated he was not sure ~hether
tha% can be worked in or not; that it probably could
be worked out i~ conjunction with the City Staff.
Mr. Oster stated condition #6, in his motion, should
read: Installation of under~round conduit street lighting
on Brownin~ and annexation to t~. Tusti~ Street Li~tin~
District sUbject to the Cit~ staff'~ approval.
Motion died for lack of a second.
Mr. Curtis stated he felt before the City Engineer and
the City Administrator make a final decision on this
through street or the dedication of the 60-foot easement,
they should research the Public Utilities' action. It
may be that this would rule out any real requirement
for the easement. '~
Moved by Mr. Oster, seconded by Mr. Mahoney that
~esolution Ng~ 1097 ~e ado~t~d,-~onditionally granting
UP 69-305 for the followin~ reasons an~ subject to the
followin~ conditions:
Reasons:
· 1.
The Commission finds that the ~stablishment,
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 ~rounds, the minutes and evidence
introduced at the hearing are included by
reference and made a part of the motion.
Conditions:
Installation of four (4) fire hydrants, which
shall be supplied by eight (8) inch water mains,
in accordance with department standards at the
following locations:
a. The east corner of Lot 1.
b. The north and cast corner planters of the
recreation area.
c. The east corner of Lot 62.
Provision of adequate fire protection
(]~ortable extinguishers) for the recreation
center. ·
Granting of an additional seven (7) feet
of right-of-way for Browning Avenue in
accordance with the Master Plan of Arterial
Highways, subject to the approval and
interpretation of the City Staff.
4. Dedication of a 60-foot easement for street
purposes along the northeasterly side of the parcel
adjacent to the Santa Ana Freeway, subject
to the approval or waiver of the City Staff.
(Use as part of subject Mobile Home Park shall
be permitted subject to the granting of an
encroachment permit by the City Council.)
5. Construction of full street improvements on
Browning including curb and gutter, full concrete
sidewalk, asphalt pavement, and street trees
in accordance with the City's Ordinance and
Master Street Tree Plan, subject to whatever
powers the Architectural Committee or Development
Preview Committee may have with respect thereto.
Installation of underground conduit street
lighting on Browning and annexation to the Tustin
Street Lighting District, subject to the
approval and modification by the City Staff.
Those segments of existing irrigation lines
conflicting with or endangered by any proposed
construction sha~l' be removed and relocated
or collapsed and backfilled, 6r otherwise made
to conform to the specifications of the City
of Tustin Building Code or to the satisfaction
of the City Engineer and the irrigation line
owner.
Installation of a fence or wall around the
exterior boundaries of the parcel, except at
the entrance driveway, with a minimum height
of six (6) feet and of uniform treatment.
Approval of fence or wall plans, landscaping
plans and recreation building plans by the
Development Preview Committee.
Motion carried 6-0.
5. UP-69-307 - MRS. STEWART ON BEHALF OF THE ASSISTANCE
LEAGUE OF TUSTIN
To permit the retail sale' of used goods in the C-2-P
(Central Commercial and Combined Parking) District.
Location: A portion of an existing commercial complex
at the southeast corner of the intersection of Main Street
and E1 Cam,no Real. Address is 120 East Main and 425
E1 Cam,no Real.
Mr. Supinger presented the staff report, stating that
%he sale o~ used goods requires a Use Permit· The
applicant's justification is: Retail sales selected
clothing, etc. Non-profit organization· The staff
recommends approval of this application subject to
three conditions relative to Fire Department requests
tc~ - AuUu:
2'.), J. 9()9
A 2.~; gall. on pressurized water type extinguisher
shall be provided and located near the south
exit door.
Unobstructnd aisles and cross aisles, with a
minimum width of 42 inches, shall be established
and maintained to provide access to exits.
Metal containers shall be provided for the temporary
storage of combustible waste matter.
In answer to Mr. Curtis' question, Mr. Supin~er stated
that there would be no time limit on the Use Permit
unless a condition was placed upon it by the Plannihg
Commission.
Chairman tIalus opened the public portion of %he hearing
at 8:35 P.M.
Mrs. John Kell, President of the Assistance League of
Tustin, stated that the application had been prepared
by Mrs. Stewart in her absence from the community. She
said the Th'¢ift Shop is a well-established means of
raising funds for philanthropies and the money is all
returned to the local community in the form of scholar-
ships, etc. She said they are .complying with the Fire
Department's requests.
Mr. John Jamieson, owner of the property, stated he was
happy to have The ladies in that part of the building
and also a part of the Tustin community.
Chairman Halus closed the public portion of the hearing
at 8:40 P.M.
Moved by Mr. Webster', ~conded b~.Mr. Oster that
Resolution No. 1100 be adopted granting UP-69-307 for
the following Seasons and subject to the following
con~'itions-
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 person residing om 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:
A 2% gallon.pressurized water type extinguisher
shall be provided and located near the south
exit door.
Unobstructed aisles and cross aisles, with a
minimum width of 42 inches, shall be established
and maintained to provide access to exits%
Metal containers shall.;, be provided for the temporary
storage of combustible waste matter.
:es - AUgU!;L 25, 1969
Motion carried 6-0.
NONE
NONE
1. COUNTY CASE UV 6296 - JAMES MICHAILOFF
To permit the construction of a roofed patio
addition to a dwelling with reduced front yard
setbacks in the R4 (5000) (PD) (3800) Surburban
Residential Planned Development District.
Location: Existing residence, 14371 Wildeve, is at the
southwest corner of Almside Drive and Wil~eve Lane.
Mr. Supin~er presented the staff report stating that
the staff recommends that the Commission inform the
County that they have no objections to the approval
of this application.
Moved by Mr. Larnard, seconded by_Mr. Webster that a
letter be sent to the County advising that the Commission
~-~ no objections to the approval of UV 6296.
Motion carried 6-0.
2. ZC 69-38 - PLANNING COmmISSION INITIATED
For rezoning from the 100-E4 (Small Estates)
District to the 90-E4-18,00~ (Small Estates,
90 ft. minimum lot frontage, 18,000 sq. ft.
minimum building site) District.
Location: On the northwest side of Arroyo Avenue
extending from 565 feet northeast to 590 feet
southwest of Chadwick Street.
Mr. Supinger presented the staff report stating this
application was initiated by the Orange County Planning
Commission and that the staff recommends that the County
be informed that the Commission has no objections to
the approval of ZC 69-38.
Moved by Mr. Larnard, seconded by Mr. Webster that a
letter be sent ~nforming the County that the Commission
has no objections to the approval of ZC 69-38.
Motion carried 6-0'
Moved by Mr. Oster, seconded by Mr. Larnard that the
Planning Secretary. be directed to prepare a letter to
the City Administrator for a~.oroval and sionature b~ the
Chairman of the Commission, requesti.n<~ that the
'City Engineer or other City Officials be made available
to thc: Commission at tile tim(: of public hearing on
matters where it appears to the City ]CnQineer or the
'City Staff that there will be some questions either
from tile app].~.cant, or from the Conunission or from the
Staff ~itl~ re.ql~.c, ct to any.matter before,t!~O Co.nunis~ion
~h~ ~-'i,'~,r'~-,l',~.~,).i~i~-~'' ~h.~*: %~:u. z.~t'~,~.~'~r;~k- ~{m ~,u-'l,~,~,~i_~
of the City l..:nginoer.
PC Minutes - August 25, 1969
ADJOURN-
MENT
Motion carried 6-0.
Moved by..M~. Larnard, seconded by Mr. Webster. that
~e me~tin~ be adjourned. Motion carried.
Meeting adjourned at 8:46 P.M.
SECRETARY OF THE PLANNING
~. COMMISS ION
COMMISSION