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HomeMy WebLinkAboutPC Minutes 04-14-69MINUTES OF A REGULAR MEETING TUSTIN PI,ANN1NG COMMISSION APRIL 14, 1969 CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. i APPROVAL OF MINUTES V® PUBLIC HEARINGS The meeting was called to order at 7:30 P.M. by Chairman Halus. ' Led by Chairman Halus. Present: Commissioners: Oster, Sharp, Webster, Ludwig, ~alus, Mahoney, Larnard. Absent: Con~issioners: NONE Others Present: Harry E. Gill, City Administrator James G. Rourke, City Attorney James L. Supinger, Planning Director Jo Ann Turner, Planning Secretary It was moved b~ Mr. Larnard, seconded by Mrs. Ludwig, that the minutes of March 24, 1969, be approved as submitted. Carried unanimously. HEARING NO. 8 OUT OF ORDER It was moved by Mr. Oste. r_,__se__co~!.d_.ed b~ Mr. Larnard that the rules be suspended to consider Item No. 8 under Public Hear- ings out of order. Motion carried 7-0. 8. ZC-69-193 - PLANNING COMMISSION INITIATED For rezonJng, of a ten (10) acre parcel from the U (Un- classified) Di~frict to ~%e R-3 (1700) (Multiple Family Residential, 1700 sq. ft. of lot area per dwelling unit) District. Location: Site fronts 392 ft. on the south side of Main Street approximately 850 ft. west of the centerline of Williams Street. Mr. Sup~n__ger presented the staff report stating that a Use Permit for the development of a 246 unit apartment project in the "U" District was granted to PRC Development Company March 10, 1969, by the Planning Commission and as a result of this approval, the subject rezoning was initiated to con- form with the proposed development and with the General Plan. Mr. su~_n~ recommended approval of ZC-69-193 to the City Council for adoption of an ordinance rezoning the subject property from the "U" (Unclassified) District to the R-3 (1700) (Multiple Family Residential, 1700 sq. ft. of lot area per dwelling unit) Di%strict. A letter was submitted' to the Planning Commission by Mr. C.. J. Bonner, Area Manager, of PRC Development Corp. asking for a continuance of subject hearing if any changes arise from this zone change so that their Corporation may be represented relative to the'changes involved. Chairman Ha]us opened the public hearing at 7:32 P.M. There being no objections or comments from the audience, Chairman Halus declared the public port, on of the hearing closed at 7:33 P.M. In answer to Mr. Oster's question, Mr. Supinger stated that there were no changes involved. PC MinuLes - A~n.'il 14, Mr. Oster stated that in view of th,3 finol actJ. on on Use, Permit '(U'ifi6-~jL'~9'i), he could see no objection to subject zone change. It-. was moved by Mr. Oster, seconded b~ Mrs._ l,.u.c..]?~_g, that Reso- ~'~-~-6~-'-N%".-' 1-0-6-6--5-~-'~'d'~-~_~t~6_~.]- -_ja_'j~'~-i'~_~-' Z-~L'6'~J :- i 93' ~t ~ d r c c om~ ne n d i n g to Cit,¥ Coi[ncJ ], the ado]!Lion of an ordinance rezonJ.ncj the sub- 'ect pro)erty i ti](: "U" ~. .... ~; ._ rom (Unclassified) District to the R-3 (1700) (Multiple Fa~il_y Residential, 1700 sq. ft. of ].ot area per dwellin~ unit) District for the followi.n~ reasons: The proposed zoning conforms to the General Plan and to the previously approved ~se Permit for development of a 246 unit apartment project on the subject property. As additional grounds, the evidence and minutes introduced at the hearing are included by reference and made a part of the motion. The above motion was voted by roll call. Ayes: Noes: Oster, Sharp, Ludwig, Halus, Webster, Mahoney, Laznard. None o Carried 7-0. 1. ZC-69-190 - RICHARD AND BILLIE KRUPPE For rezo~ing of an 0.83 acre parcel from the R-1 (Single Family Residential) District to the PC (Planned Community - Multiple Family) District. Locationi Fronts 109 ft. on the south side of Main Street, approximately 230 ft. east of the center].ine of Pacific St. Mr. Supinger presented the staff report stating that this was c--~in~ed-~om the February 10, 1969 meeting, at the request of the applicant.tQ permit the City to develop standards for development in the Tustin City ~rea. He stated that the staff recommends denial to the City Council of subject application, because to it not being'in conformance with the General Plan. Mr. Melvin Cohen, attorney, representing Mr. and Mrs. Kruppe, requested continuance until after the Economic Study has been completed. Mr. Rourke recommended that the hearing be taken off the agenda until the Economic Study'is completed and the staff could re- schedule it when they felt they were in a position to make a recommendation. He felt that to continue the hearing for a period of 90 days would only constitute a representation by those that were interested at the end of a 3 month continuance to appear when there may not be any more available information. Mr. Gill stated that Phase II of the Study will be completed ~y the 1st of J.un~, un~er, the agreement, but that there are fourteen separate'area studies in Phase III and and a date certain can not be set, but will be finished as soon as the consultants are able to work on it. Mr. Cohen stated that he ~referred the continuance to the deletion of the hearing from the agenda. It was moved by Mr. Webster, seconded by Mr. Larnard, that A_p~,~lication No. ZC-69-190 be contin, ued to the. August 11, 1969 .P]annin_q Commission Meet].~_i. The above motion was voted by roll call. Ayes: Noes: Oster, Sharp, Lud~9, Webster, Halus, Mahoney, Larnard. None Carried 7-0. PC Minutes - April. ].4, 1969 V--69-231 - COiiEN, OST].]R & MIIST.ARD ON BEIIAI,F OF To permit signs for a proposed Jack-In-The-Box drive-in restaurant. Location: Sit~ fronts 160 ft. on the north side of Seven- teenth ~treet and 150 ft. on the west side of Yorba Street at the northwest corner o~ the intersection at Seventeenth and Yorba Streets. ~r_Su_~.~=qe~ presented the staff report stating that this application was originally scheduled for public hearing February 24, 1969, but was taken off calendar after the denial of the Use Permit for the restaurant on the subject property. The City Council approved the permit for the restaurant on appeal at its meeting, March 17, 1969. M'r. Supinger recommended conditional approval. Chairman Halus opened the public portion of the hearing at 8:00 P.M. The Con~niss~oners discussed the hardship involved, the need for thc height and size requested, traffic situation, the proximity to existing apartments near the proposed structure, the lighting from the signs and the required deminsions in the Sign Ordinance. Those in favor of subject application were: Mr. Mel Cohen, attorney, representing the applicant, 444 West 10th Street, Santa Ana. Mr. Robert C. }Iapve~. Foodmaker Inc., 6252 Telegraph Road, Los Angeles, California 90022 Mr. Harvg3_ stated that the location of the building and the traffic flow were two reasons for needing ali. the requested signing plus the interpretation of the computation of sign measurement by the Planning Staff versus their computation of the sJ. gns did present a hardship. Mr. Harvey felt that they could eliminate the "drive-thru" sign with very little problem. There being no further discussioD from the audience, Chairman Halus declared the public portion of the hearing closed at 8:25 P.M. It was moved by Mr. Webster, seconded by Mr. Sharp, that Resolution No. 1067 be adopted, approvinq Application No. V-69-231 (Jack-In-The-Box signs) to ~ermit: 1. Three (3) Polo signs: ae Pylon at :a hei~3ht of 21 ft., total area of 300 sq. ft. without animation. Intercom Station Selection Display, with a maximum height of 6'9" and a maximum area of 50 sq. ft. Co A Selection Display in the rear setback area with a maximum height 8'7%" and a maximum area of 35 sq. ft. , One (1) wall sign to be located on the south elevation of the building, total square footage - 36 sq. ft. Total site aroa of 421 sq. ft. PC Minutes - April 14, 1969 Reasons for al)proval are: That thc adjustm¢:nt hereby authorized will not constJ, tu[-.e a grant of special privi].ege incon- sisteqt with thc limitations upon other properties in the vicinity and district in which the subject property is situated. That because of'special circumstances applicable to the subject property, including size, shape, .topo- graphy, location or surroundings, the strict apli- cation of the Zoning Ordinance will deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 3. As additional grounds, tile minutes and evidence intro- duced at the hearing are include~'by reference and made a part of the motion. The above motion was voted by roll ca~l. Ayes: Sharp, Ludwig, Halus, Webster, Larnard Noes: Mahon~y ' Abstained: Oster Carried 5-1. 3. UP-69-295 - CHRIS LINDLEY - CAR WASH To permit an automatic car wash with outside gasoline dispensing facilities in the C-2 (Central Commercial) District. I.ocation: Site fronts 105 ft. on the northwest side of Red }Iill Avenue and is approximately 175 ft. northeast of the centerline of L~guna Road. Mr. Supin~er presented the staff report stating that the proposed development takes into account the proposed re- modeling of the adjacent Shell Oil Service Station and is proposed to tie in architecturally with the anticipated architectural style of the proposed remodeled Shell Station. Chairman Halus opened the public portion of the hearing at 8:25 P.M. Mr. Chris Lindle~, applicant, stated that he would answer any questions that the Commissioners had. There being no further discussion from the audience, Chairman }Ialus declared the public portion of the hearing closed at 8:27 P.M. After a brief discussion amonq the Commissioners, It was moved b_2f Mr. Webster,' ~econded by Mr. Mahone¥, that Resolution No. 1068 be adopted, conditionally a_~provinq Application No. UP-69-295 for the foliowin~ reasons: 1. The Commission finds that the establishment, main- tenance and operation of the use applied for will not,under the circumstances of the particu'lar case be detrimental to the heal. th, 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 inithe neighborhood or the general welfare of the City. ~ 2. As additional grounds, the minutes and evidence intro- duced at the hearing are included by reference and made a part of the motion. ] PC Minutes - April 14, 1969 · Conditions of approw~l are: That a permit be obtained from the Fire Department to install the bulk sLorage underground tanks, pumps and related plu]~)ing and apparatus. The permit appli- cation shall include a plot plan of the installation in relation to o'Lher appurtenances sketched on a legal size sh%et of paper. That the specifications for the vacuum installation be submitted to the Fire Department. That full sidewalk be installed alon(~ the Red Ilill frontage to the standards of the City of Tustin. That street trees be installed per the Master Street Tree Plan. That architectural plans including plot plan, eleva- tions and detailed landscaping be submitted to the Architectural Co~nittee for review and approval. That a machanical or landscape screen be constructed in front of the restroom doors to the satisfaction of the Architectural Committee. The above motion was voted by roll call. Ayes: Noes: Abstained: Carried 5-1 L_u_d~?_ig, Halus,.. Webster, Mahoney, Larnard Shar~) Oster. 4. UP-69-297 - WIND AMBULANCE SERVICE To permit the construction of a 65 ft. radio antenna in the C-1 (Retail Co~nercial) District. Location: Site fronts 101 ft. on the south side of First St. and 187 ft. on the west side of Myrtle St., at the southwest corner of the intersection of First and Myrt].e Streets. Mr. Supinger presented the staff report stating that this request results from the intention of Wind Ambulance to re- locate his ambulance service and sickroom supply store from the present facility at 736 through 740 W. First Street to the proposed location at 700 W. First St. Proposal is to erect the antenna at the new location. Chairman IIa].us opened the public portion of the hearing at 8:55 P.M. Mr. qeorge Aquino, 700 W. First Street, applicant, spoke of the structure, the amount of cars and vehicles that park on- site and answered questions that the Commissioners asked. There being no other comments from the audience, Chairman Halus declared the public port~on of the hearing closed at 8:57 P.M. After a very brief discussion among the Commissioners, Mr. Larnaru. · moved that Resolution No. 1069 be adopted,, conditionall~ ~n_g__A_[)plication No. UP-69-297 for the__~_o_l].owin~ 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 genera], welfare of the persons residing or working in the neighborhood of the proposed use and it W~, not b~ in~mrlou~ ~r ~t~mont~i to the property and fmprovements in thn noi,.lhborh~)d ~)~' ~$~m general welfare of the City. PC Minutes - April 14, 1969 2. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. Conditions of.approval: 1. That an additional ten (10) feet right-of-way on First Street be granted in accordance with the Master Plan of Arterial Highways. 2. That proposed plans for parking on the property be subject to the approual of the Architectural Committee. Motion seconded by Mr. Mahoney The above motion was voted by roll call. Ayes: Oster, Sharp, Webster, Ludwi$, Halus, Ma~oney, Larnard. Noes: None . Carried 7-0. 5. V-69~243 - ANGEL-MOCK & ASSOCIATES ON BEHALF OF PIONEER CHICKEN To permit: 1. A take-out food establishment in the C-2 (Central Col~ercia].) District. 2. Reduction in the required parking spaces from twenty (20) spaces to nineteen (19) spaces. Location: Site fronts on the west side of Laguna Road and on the east side of E1 Camino Real (South D Street) at the intersection of Laguna and E1 Camino Real. ~r._ S~_~p.~!g_e~ stated that due to an error in advertising subject hearing, it was'suggested that' this item be continued to the April 28, 1969 Planning Com~iss.ion Meeting. This is due to the incorrect advertising of the requested variance for off- street parking spaces. Chairman Hal.us opened the public portion of the hearing at 9:00 P.M. There being no comments from the audience, the hearing was declared closed at 9:01 P.M. It was moved by Mr. Mahone~, seconded by ~r. Larna~d, that Application No. V-69-243 (Pioneer Chicken) be continued to the April 28, 1969 meeting. The above motion carried unanimqusly. 6. PZ-69-115 - DR. DUAYNE CHRISTENSON For prezoning of a .3.07 acre parcel to the R-3 (Multiple Family Residential) District. Location: Site ~ronts .approximately 314 ft. on the northwest side of "B" Street, approximately 30 ft. northeast of the centerline of McFadden Street in the south Tustin area. Mr. Su~er stated that a letter has been received by the applicant to continued this hearing to the April 28,'1969 m~ting. It was moved by Mr. Sharp, seconded_by M_r. Mahoney, that subject. ~earin~ be continued to the April 28, 1969 meeting. Carried 7-0 PC Minutes - April 7. V-69 242 - kO~{l.kf E. WILDE - SIGNS To permit a second free-standing sign identifying specific businesses within a commezcial co,nplex. The proposed si'gn would have an overall height of 61 ft. 6 in, an area of 1107 sq. ft. per side and a total area of 2214 sq. ft. Location: Site fronts approximately 335 ft. on the north side of Seventeenth Street at the northeast corner of the inter- section of Seventeenth Street and Newport Freeway. Mr. Su_pinger. presented the staff report stating that the Planning Commission and the Planning Department staff met with the applicant and his representatives on the site, April 5 to determine the necessary height., by erecting a flag or target and driving the freeway to determine the visibility of tile flag. IIe stated that after the flagging, the Planning Conunission and Depar-['.ment Staff felt that the proposed height' and area of the sign ig justified. M_r. su~n_g~ stated that the proposal would comply with the provisions of the proposed changes for the Sign Ordinance which wi].], be adopted later this year. Chairman Hales opened the public portion of the hearing at 9:05 P.M. Mr. Roberk Wi].de, applicant, 1943 Seventeenth Street, con- curred with the staff report, stating that it is a freeway oriented complex and the proposed sign seems to conform with the requirements in the proposed Sign Ordinance. There being no further comments or discussion from the audience, Chairman I.lalus declared the hearing closed at 9:10 P.~,. After a very brief discussion amon9 the Commissioners, It was moved by Mr. Oster, seconded b~ Mrs. Ludwiq, that Resolution No. 1070 be adopted, approving Application V-69-242 for the follow- in9 reasons: That the adjustment hereby authorized will not constitute a grant of special privilege incon- sistent with the limitations upon other properties in the vicinity and district in which the subjept proper'fy is situated. That because of special circumstances applicable to the subject property, including size, shape, topog- raphy, location or surroundings, the strict appli- cation of the Zoning Ordinance will deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifi- cation. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. Resolution permits: Number Hei.~h__t Area 1. Freeway Identification Sign ]. 61'6" 2214 sq.ft. The above motion was voted by roll call. Ayes: Oster, Ludwig, }Iai us, Webster, Mahon.e.y.3 Larnard No¢:s: ~__~ a rp ...... Carried 6-1 PC Minutes - April 14, ].969 VI. OLD BUSINESS A~U.:ND74i".NT OF TIll.: ZONING O]ID]]NANCE, ORD. NO. 157, a, nd the R'o provide for the cstablishment of a' Development Preview Co~i ttce. ' Mr. Supi.n.g._9_r: presented the staff report stating that this would ~.eplace the Architectural. Conunitgee, that is now in existence. }[e stated that the proposed ordinance begins with a description of the purpose for creating the Development Preview Committee and puts the City on record as being concerned with the visual appearance of tile communit~ and charges the Conunittee with maintenance of the visual appearance of the community. This committec would consist of one (1) City Councilman, one (1) Planning Commissioner a:~d one (1) resident of the City, who would serve at large. The Planning Director would be an advisor and non-~oting men, er to the Committee. Mr. Supinger stated that J.f the p¥opo~ed ordinance meets with the Co~mnission's approval, J.t is recommended that they recom- mend it to the City Council for adoption· Chairman IIalus opened the public portion of the hearing at 9:18 P.M. Those attending and voicing opinions were: Mr. Gared Smith, 2043 Westcliff Drive, Newport Beach. Mr. Morris, ].8121 Fourth Strect, Tustin. Mr. Sin'S. th and Mr; Morris felt that this type of'a Committee . could be hazardous and were not in agreement with the proposal of selecting one Commissioner and one Councilman to be Qn the Board. They fe].t that it wou].d be an unfair appeal, if there was a need for such action.' Thc. y voiced disapproval of the Committee's rights to tell. anyone exactly what kind Of material, color scheme and size of doors and windows they should use. Mr. Morris felt that professional people should be on the Com- mittee and more flexibility as to style, design and the over- all rights should be allowed, with the Committee acting as an Advisory Board to the Conunission. There being no further discussion from the audience, 'Chairman tIalus declared the public portion of the hearing closed at 9:40 P.M. The Co~missioners discussed the possibility of soliciting co~uents and guidelines f~om other cities to help establish criteria and procedures for this type of a Committee. A copy of the "Guidelines for Design Review" was submitted to the Commission by the California Council, .The American InstituCe of Architects, prior to the meeting. The Commissioners ex- pressed the desire to .continue this hearing so that they would have more time tO evaluate and study the booklet along with any other information that may be available through contacting other cities. It was moved b~ Mr. Webstar, seconded b~ Mr. Sharp, ~hat subject hea~n~ be continued to May 12, 1969, in order to allow more time for reviewinq any a~ditional information relative to the ~e~e].oRm¢~nt Preview Committee. Motion carried 7-0. NONE Minutes - A[~ril 1/~, ].969 VII. NEW BUSINESS 1. PARCEL MAP 1.'M--69-17 - I]AT.,],, TRAV]'S & JUANITA Loca{:ion: Southeast corner of Second and "A" Street To reorient l~ts to face Second Stree. t for more desirable lot size and shape for future development. _~!r..._~y_e._r.s., City Engineer, submJ, tted a report stating that the applican'L', should be made aware that this area of the City is currently under study for possible rezoning to per- mit other than R-1 type of development. Mr. My_e_r...s_. recommended, adoption of a m.{nut:e order approving the parcel map subject to conditions. It was moved by_ Mr. Oster, seconded by_ ~r... Shar.p that a minute order be ~,dol?_tc__d..3~R¥,~_o_~v~__n.~- P__3_~rcel Mai? PM-6.9-17 subj_ect to the following condition£:: Upon d~ve].opment of the propel-ty, full street im- p. rovements shall be constructed irxcluding, curb and gut[:er, sJ.dewalks, pavement and street trees on the Parcel that is being developed. The Developer shall also be responsible for any modifications to the existing irrigation system necessary to permit the required street construction. Final approval by the City Engineer and recordation of the map. Motion carried 7-0. Mr. Webster asked if the staff would direct a letter to the applicant making him aware of the study unde~vay for possible rezoning to per~it'other thgn R-1 type of development in this particular area. 2. PARCEL I.IAP PM-69-18 - FIRST WESTERN BANK & TRUST COMPANY Location: South side of First Street, from 167 to 614 feet east of Prospect Avenue. Mr. M~ers, Cit~__En___.qineer, submitted a report stating that Parcel 2 of the property will be utilized for expansion of the Post Office. Parcel 1 will be held for future sale or development. Current zoning is C-2-P and C-1. Mr. Myers recommended adoption of a minute order approving the parcel map subject to conditions on both parcels. After a brief discussion among the Co~nissioners, It was moved BY Mr. Oster, seconded by Mr. Mahoncy that a minute order be adopted approvJnq Parcel Map PM-69-18 subject to the following conditions on both parcels: Granting of additional street right-of-way for First Street in accordance with Master Plan of Ilighways and close any unused driveway openings on First Street. Construction of full street improvements, where missing on First Street including curb, sidewalks, paving and street trees. Installation of street lighting on First St. frontage of Parcel 1. Relocation of existing irrigation facilities in First Rtr~r,{, ,~, i~.~.~r¥ %~ f~l~.it~t~ ,,~t-t..'~,et end building cons tr uctio~%. PC Minutes - April ]4, ].969 5. Adequate prov_'isions should be made for drainage of Parc~:l 1, .to the public alley. Final app,.oval by the City Engineer and recordation of the Parcel Map. The above motion carrie..d una_nimously FINAL 5~AP OF TRACT NO. 5849 (Second revised Tentative Map of Tract 5849) Location: On the south side of Mitchell. Avenue, approximatel- 600 iee[', west of Browning Avenue. ~;r. ,Myers, City Engineer, submitted s report stating that su~'~'~--l~i~?p is the final portion of Tentative Map No. 5849 approved August 12, ].968, and conforms with the Second Re- vised Tentative Map of Tract 5849 approved by the Planning Cor~hraissioD on February ?.4, ].969, prov'~.ded that Tract 6749 to the south is recorded to provi¢le the needed sewer and drain- age right-o.f-way. Recording of TrDct 6749 is expected prior to April 15, 1969. By. law, tl~e Planning Commission has power.only to approve a final map if it conforms to the Tentative Map. It should not consider, and may not require any new, different or modified conditions of approval. Mr. Myer:!. recommended that the Final Map of Tract No. 5849 be approved subject to the recording of Tract 6749 and to the final approval by the City Council and the City Engineer. It was moved b~ Mr. I.arnard, seconded by__~ps.. Lq~wig that Final Map of Tract No. 5849 be a~proved sDbject.to the re- cording of Tract 6749 and to the final approval by the City Council and the CJ. ty.~ngineer. The above motion was voted by roll call. Ayes: Oster, Ludw.~g, H~16s; Larnard, Shar~.. Noes: Mahone~ Abstained: Webster Motion carried 5-1. VIII. CORRES~ PONDENCE NONE IX. OTHER BUSINESS 1. SEMINAR RE: FREEWAYS It was called to the attention of the Commissioners that there would be a seminar relative to freeways, held in IIuntington Beach, April 22, 1969, if anyone was interested in attending. 2. ARCHITECTURAL COMMITTEE Mr. Mahonc~ will be a regular member of the Architectural Committee begining April 16th and Mrs. Lud%fi~ will be the alternate member. ADJOURN- MENT It was moved by Mr. La.rnard, seconded by_ Mrs. Ludwi~ that the meeti_n_g be .ad. journed. Carried 7-0. There being no further business before the Commission, Chairman IIa].us declared the meeting adjourned at 10:00 P.M.. SEC~rARY OF TIiE PL~/qNING COMMISSIO~