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HomeMy WebLinkAboutPC Minutes 03-11-68MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 11, 1968 CALL TO ORDER The meeting was called to order at 7:31 P.M., by Chairman Marsters ROLL CALL APPROVAL OF MINUTES IV. PUBLIC REARINGS Present: Commissioners: Oster, Webster, Ludwig, Marsters, Halus, Bacon, Larnard Absent: Commissioners; Others Present: NONE James G. Rourke, City Attorney Harr~ E. Gill, City Administrator James L. Supinger, Planning Director Jo Ann Turner~ Planning Secretary ~A~fEND}~NT TO PLARgING COb~IISSION MINUTES OF FEP, RUARY 26, 1968. Application No. V-67-199 Hon Development Company (Signs) was withdrawn by Mr. Barry Hon because legally the Planning Commission could not act upon a sign with a height higher than that stated in the notice of the Public Hearing. It was moved by Mr. Oster~ seconded by }frs. Ludwig, that the minutes of February 26~ 1958. b%zpproved as amended. Carried 7-0. l. UP-68-253 - SKY-SLIDES (PLANNING CO~XISSION INITIATED) Location: Front's 196 feet on the southeast side of Nawport approximately 185 feet southwest of the centerline of Laguna Rd. To permit the construction of a proposed Sky-Slide to a height of 38'6" as per Section 5.09 of the Zoning Ordinance (permitted height is 35' in a C-1 district, however, additional height is permitted subject to the securing of a Use Permit and that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is to be constructed, multiplied by the factor 5.) ~r. SupinKer presented the staff report stating that the reason for the additional height is to include a fence at the top of the slide for safety measures. Chairman Marsters opened the public portion of the hearing at 7:36 P.M. Dr. Charles..Simon, 1171 East First Street, Tustin opposed the operation because he felt that it will be an aesthetic detriment and unsafe operation for the co~-munity. Mr. George 6rgyros stated that he would answer any questions that anyone might have. There being no other comments from the audience, ~hairman Marsters declared the public portion of the hearing closed at 7:39 P.M. Mr. Oster felt that it should be clarified as to what exactly was before the Co~mnission relative to the application. He wanted to make it clear that this particular hearing was not whether to grant the Sky-Slide but a request for a 3'6" fence to extend above the 35' basic structure making a total height of 38' 6". The Sky-Slide ~se was granted at the ~bruary 12~ 1968 meeting by the Commission. Mrs. Ludwig stated that she would like to make it clear that this application was City initiated and not Planning Cormnission initiated since she was strongly against it. -1- PC Minutes - March 11, 1968 After a brief discussion among the Com~nissioners, It was moved by Mr. Oster seconded by Mr. Bacon that Resolution No. 954 be adopted..approving UP-68-253 for thc followinE 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 property and improvements in the neighborhood or the general welfare of the City. The cubical contents of the buildings do not exceed an area ~qual to the area of the site upon which it is to be con- structed, multiplied by the factor 5. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion~ stating that subject application is City initiated. The above motion was voted by roll call. Ayes: Oster, Webster, Halus, Bacon, Larnard, Marsters. Noes: Ludwig. Carried 6-1. Chairman Marsters stated that he ha4 voted against the previous appli- cation at the February 12, 1968 mm,ting, but since it was approved at that time he felt that because of the safety factor involved he would vote in favor of UP-68-253. 2. V-68-264 - TUSTIN MEAT3%59 .PROVISION COMPANY Location: Southwest corner of the intersection of '~" and Second Streets. To permit the enlargement of a non-conforming use in a C-2-P (Central Commercial and Combined Parking District.) _Mr, SuoinRer presented the staff report, showing diagrams of the project, pointing out the surrounding uses of the area. He recom- mended conditional approval for the application as listed below: 1. That architectural and landscaping plans be submitted to the Architectural Committee for review. That Street Trees be installed per the Master Street Plan. 3. That the existing Jack's TV sign be removed prior to occupancy. Chairman Marsters opened the public portion of the hearing at 7:50 P.M. Mr. Nicholas Barletta concurred with'the staff's recommendations and felt it very improtant that the Tustin Meat & Provision Company be re- tained here in Tustin. He stated that if they were given the opportunity to expand, it would be to Tustin's benefit and commented that the land- scaping would also be improved. Mr. Duffern H. Helsing, attorney representing California Interior Design, (establishment north of the Tustin Meat and Provision Company) stated that they do not believe this should be granted because of the detrimental effect it would have upon Tustin. He added that the property o~.mer to the north, Mr. Pelfrey, is concerned because of the type of business that is there. He pointed out the reason that Mr. Pelfrey is concerne~is due to the aesthetic value such as trucks blocking Second Street, parking spaces of other businesses being taken up by the Tustin Meat and Provision Company eustommrs, trash containers that are visible to the passers-by and customers of California Interior Design. -2- Mr. HelsinK stated that California Interior Design does not wish to interfere with the success of the Tustin Meat and Provision Company, however, the granting of a variance to permit the enlargement of the non-conforming use which already creates a problem for neighboring businesses would not be in the best interest of the com~nunity. It would be poor planning to allow the expansion of this type of business which is so far removed from the type of operation needed in the down- town Tustin area. Mr. Barletta explained that if thc application is approved, that most of the problems that are of concern to Mr. Pelfrey will be alleviated due to the overall improvements that are proposed. Chairman Marsters declared the public portion of the hearing closed at 8:00 P.M. Mr..~upinger explained that the p~oblem of truck deliveries that are unloading and blocking most of the street will be alleviated with deliveries being made behind the building in.the proposed plan, taking them off the street. Spaces for parking will be provided on-site rather than on 2nd and "D" Streets. Trash and storage will locate behind the building taking away the unsightly views that are now open to the passers-by. After a brief discussion, the Commission felt that the proposed plans will be beneficial to 2nd and '~" Streets, recommending conditional approval. It was moved .by Mr. Oster, seconded by Mr. Webster~ that Resolution ~. 955 be adopted, ¢oBditionall~ a~Drov_!qg application for the followin~ reasons: That the adjustment hereby authorized will not constitute a grant of special privilege inconsistent with the 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, topography, location or surroundings, the strict application of the Zoning Ordinance will deprive subject property of privileges enjoyed by other properties in the vicinity and under identical Zone classification. Recormnended conditions of approval are: 1. That architectural and landscaping plans be submitted to the Architectural Cormmittee for review. That Street Trees be installed per the Master Street Tree Plan. 3. That the existing Jack's TV sign be removed prior to occupancy. The abo¥~.motion carried 7-0. ~. ZC-68-169 - STUTS¥~N PROPERTY - (Planning Cormnission Initiated) Rezoning of a parcel totalling approximately 5 acres from 100-C-I-~ 10,000 (Retail Commercial and Combined Parking) District to R-3 1750 (Multiple Residential, 1750 sq. ft. per dwelling unit) District Location: Site fronts 330 feet on the east side of Ne~.~ort and 660 feet on the north side of Walnut (Subject property is owned by Carl Stutsman, Jr.) Mr. SupingeK presented a brief staff report stating that Mr. Stutsman has requested that this hearing be continued to April 8th, at ~ich time it is anticipated that an ~pplication will be filed and will be heard at that time relative to his other 5 acre parcel just down Walnut Avenue. He suggested that the public hearing be opened, accepting comments from the audience and suggested that the hearing be continued. PC Minutes - March 11, 1968 Chairman Marsters opened the public portion of the hearing at 8:08 P.M. There being no comments from the audience, the Commission proceeded with discussion as to the action on subject application. After a very brief discussion, It was moved by Mr. llalus? seconded bM ~r.~Larn~r~ that A~)~lication No. ZC-68-169 be continued to th~ r~gularl~ scheduled meeting of April 8~ 1968. Carried unanimously. 4. PZ-68-106 - PLANNING CO~,~ISSION INITIATE!) Prezoning of approximately 50 acres to the M (Industrial) District. Subject property includes parcels owned by the Mullin Lumber Company fronting 755' on Edinger and 300' on Red Hill and by the Frank P. Borchard Ranches fronting approximately 1300' on Red Hill and ex- tending for a depth of approximately 1320' from the c~nterline of Red tlill. ~. Supin~r presented the staff report stating that the purpose of this action is to prezone the property so that when the annexation is complete, zoning will exist on the property. He stated that if there was no action taken relative to this property it would come in as "U" District,and recom- mended approval to the City Council. Chairman Marsters opened the public portion of the hearing at 8:12 P.M. ~ere being no comments or discussion from the audience, Chairman Marsters declared the public portion of this hearing closed immediately. It was moved by Mr. Oster, seconded by Mrs. Ludwi8 that Resolution No. ~6 be adopted recommending PZ-68-106 to City Council for approval and ~doption of an ordinance prezoning subject area M (Industrial)_District for the following ~easons: Subject ~oning conforms to the Tustin Area General Plan. Additional tax base will be provided for the City and the Elementary and High School Districts. The possibility will be provided to create basic jobs for Tustin residents which will further help existing and future service businesses. As additional grounds, the minutes and evidence introduced at the hearing be included by reference and made a part of the motion. Carried unanimously. 5. ZC-68-170 - CHARLES GREE~qOOD & ROBERT WINDOLPH For rezoning of approximately 2.2 acres from C-1-P (Retail Commercial and Combined Parking) District to the R-3 (Multiple Residential) District. Location: North side of McFadden Street approximately 296' west of the centerline of Tustin Village Way. ~presented a brief staff report stating that the rezoning monforms with the Tustin Area General Plan, recormnending approval. Chairman Marsters opened the public portion of the hearing at 8:15 P.M. Mr. Greenwood, applicant, stated that the staff's recommendation and ex- planation by the Planning Department was clear, adding that they have o%~ed the property for about 6 years. He felt that it docs conform to the General Plan and would be glad to answer in questions that the Co~nission desires. There being no other comments from the audience, Chairman Marsters declared the public portion'of the hearing closed at 8:18 P.M. Mr. tlalus stated that since he was in complete accord to remove some of 'the coremercial land off the market in the Sot, th Tustin area he felt that this is a highly desirable application. -4- PC Minutes - March 11, 1968 Ve OLD BUSINESS Xt was moved byMr. Halus, seconded by Mr. Larnard,.t~at Resolution No. 957 be adopted and that ZC-68-170 b9 approved and recommended to City Council for adoption of an ordinance Kgzon~qg the property from C-1-P to R-3 for the follcwinK reasons: 1. The proposed zoning is in conformance with the Tustin Area General Plan. 2. The rcze. ning will remove commercial zoning which is not needed to serve the existing or future needs of the area. As additional grounds, the minutes and evidence introduced at the hearing be included by reference and made a part of the motion. Motion ca~ried unanimously. SERVICE STATION REPORT *INFORmaTION REPORT)_ Mr. Supinge~ suggested that this item of business be deferred u~til the other items of business on the agenda were acted upon. 2. COUNTY CASE ZC-68-3 - E. E. PANKEY This is proposed to ci~ange from the RP "Residential Professional" C1 '%ocal Business" and R4 "Suburban Residential" Districts to the R2 (1700) and R2 (1450) "Group Dwelling" Districts, certain prop- erty ~ocated on the southwesterly side of San Juan Street approxi- mately 420 feet southeast of Red Hill Avenue, in the east Tustin area. This matter was continued to the present meeting to give Mr. Bowie, attorney, representing Mr. Pankey and others involved more time to present their case. ~. Bowie, attorney, stated that the surmnary report of the Land Use Study and };aster Plan Program for the Edgar E. Pankey property prepared by Mr. Dean R. Evans, Economics and Planning Consultant, pretty well explained the situation and stated that this was not a project that was to be a burden on the schools and could be worked out. He asked that the Planning Commission reconsider their previous action. Those opposing ~ere Mr. Abe J. Dont~e, ~5~32 Felmpu~h, Mr. John Kontilis, 1871 Jamboree representing 4 other home o~.mers in the vicinity and Mr. Bill Cotangus, 13692 ~armingtoD Road. They expressed their displeasure of the proposed rezoning giving their reasons as the possibility of it ending in a hodge-podge area and not conforming to the General Plan. ~r. Dontje referred to the petition previously submitted opposing the application. Mr. Halus stated that although he appreciated the time spent by Mr. Bowie on this survey, he still did not see any Justification that changed his mind from the previous meetings. After hearing the comments from the audience, the reports presented by Mr. Bowie and reviewing the land use'study prepared b~ Mr. Evans, the Commission concluded the discussion by strongly opposing subject application. -5- PC Minutes - March 11, 1968 It was moved by Mr. Halup, .sDcondcd by I. Ir. Bacon that. the Planning Director prepare a letter to the Co~,ntv of Orange.. p~ron~].v_.opposing Application No. ZC-68-3 for the followin~ reasons: The proposed rhzoning would result in densities several tim.~s greater than shown for the subject area on the Tustin Area.General Plan which was adopted by both the Board of Supervisors and the Tustin City Council. Comparative densities are: Land Use Densit______Z General Plan (Medium Density Residential) ~ (l?00) R2 (1450) R4 R-3 (City) R3 (County) 4 units/acre 25 units/acre 30 units/acre 14 units/acre 34 units/acre 43 units/acre VI. ~EW BUSINESS The land use study prepared for Mr. Pankey by a Planning Consultant does not show any justification for deviation from the General Plan. The City has recently rezoned several areas, all in con- formance with the General Plan, for Heavy Density Residential which are as yet ~ndeveloped. These areas could yield a total of approximately 1500 dwell'lng units. (500 un'its were constructed in Tustin last year.) Consequently, the need for additional rezoning for IIcavy Density Residential, which is _no.t in areas so designated on the General Plan, is questioned, The above motion carried unanimously, FINAL MAP OF TRACT 6537 (Tustin Meadows) Location: South side of Walnut at the spur track. Mr, Sup~nger. presented the background of subject map stating that it covers an area of 16.7 acres and included 89 lots plus 4 small lots to be conveyed to the City. This is the fifth final map to be filed and conforms to the previously approved Tentative Map 6447. He recom- mended that subject map be approved subject to the final approval of the City Engineer. It was moved by Mr. OsteK~.second~d. py Mr. Larnard, that the Final Map of Tract No. 6537 be approved subject to the final approval of the City ~ngineer. Carried unanimously. 2. PROPOSED REVISIONS TO SIGN ORDINANCE Letters from the City Administrator, Mauager and the President of the Chamber of Commerce were submitted to the Planning Conm~ission urging a meeting in the very near future to be held to discuss the proposed changes for the Sign Ordinance. The Chamber of Commerce appointed a "Blue Ribbon Task Force" to investigata the Sign Ordinance that entailed approximately 60 hours of volunteer time and effort to read and study the existing Sign Ordinance. Th~s report wa~ approved at the Chamber Board of Directors, Fcbr~ary 21, 1968. This re- port was submitted to the Planning Conm~ission for their per~,sal. After a brief discussion it w~;s agreed that a workshop session on the Sign Ordinance woold be held March 19, 1968 (Tuesday evening) at 7:30 P.M. in Mr. Barletta's office, 139 South Prospect, ~ustin. -6- PC Minutes - }larch 11, 1968 VIII. OTHER BUSINESS IX. ADJOURN- MENT 3. PROPOSED FORMAL FI~])ING RE: REPAIR, SALES ARq) SERVICE OF COIN OPERATED BUSINESS MACItINES Mr. Supinger presented a staff report stating that the Planning ~epartment was contacted by Mr. Don Bush relative to moving his business into a C-2 District on Prospect. The business involves the repair and service of coin operated business machines. Representative examples af these'machines are: Juke Boxes Cigarette Machines Bowl ~m.g Machines Pinball Machines Cand~ l~achines Mr. Supinger suggested that this type of business be permitted in a C-2 District and be found similar the uses which do not require a Use Permit. A proposed formal finding was issued to the planning Commission for their review. Mr. Halus asked if this type of business would be conducted solely within the buildings walls. .M,r. Supinger answered "yes." It was moved by Mr. Halus, s~conded by Mr. Oster that ~ormal Finding ~68-3 be adopted. Carried unanimously. Mr. Supinger reminded the Commission that the Service Station item on the agenda earlier in the meeting would take place immediately after the regularly scheduled meeting this evening. It was moved by Mr. Bacon~ seconded by Mrs. Ludwig~ that the meetin~ ~e_adjourned. Carried unanimously. There being no further business before the Planning Commission, Chairman Marsters declared the meeting adjourned at 8:50 P.M. SECR~TARY OF THE PLANNING CO~[ISSION CHAIRMAN OF T}IE PLANNING ~(~R~ISSION -7-