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HomeMy WebLinkAboutPC Minutes 02-26-68· CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES IV. PUBLIC HEARINGS MINUTES OF A REGULAR MEETING TUSTIN PLANNING COMMlSSION February 26, 1968 The meeting was called to order at 7:30 P.M., by Chairman Marsters. Present: Commissioners: Oster, Webster, Ludwig, Marsters, Halus, Bacon, Larnard Absent: Con~nissioners: N05~ Others Present: Kenneth Bryant, Assistant C%ty Attorney James L. Supinger, Planning Director Jo Ann Turner, Planning Secretary CORRECTION TO MINUTES OF FEBRU.ARY 12~ 1968. Page 17, Items 4 and 5 under County Cases - The vote was not recorded - On both items, UV~-5975, Dick Smith and V-7062,. Union Oil Company, the motion carried unanimously. It was moved by Mr. Oster, seconded by Mrs. Ludwig. that the minutes of F~bruary 12, 196~ ~e aRproved as corrected. Carried 7-0. 1. V-67-19D - HON DEVELOP}~}~ - SERVICE STATION (Continued from 12/26/67 To permit: a. Service Station be A pump island canopy extending ten (10) feet into the required setback of 55 feet from the centerline of McFadden Avenue. Location: Northeast corner of McFadden and Tustin Village Way. Mr. Supinger presented the staff report recommending conditional approval. Conditions are: 1. Approval of access onto Tustin Village Way by the State Division of Highways. Installation of Street Trees per the Master Street Tree Plan. Review of plan~ by the Architectural Committee. That entry to the service bays be from the rear of the building unless adequate circumstances are found by the Architectural Committee for other orientation. Chairman Marsters opened the public portion of the hearing at 7:33 P.M. ~r. Barry Ilo~, 1107 East Chapman, Orange - applicant, gave a brief description of the property and how it is to be developed. He stated that the only objection that he had to the staff report was Condition No. 4, that stated the request of the service bays being from the rear of the building, feelirg that this can be hazardous, especially for a 24 hour operation such as this will be. -1- PC Minutes - 2/26/68 There being no further conm~ents on the hearing, Chairman Marsters declared the public portion of the hearing closed at 7:40 P.M. After a brief discussion among tha Commission, Mr. Hon and Mr. Supinger it was decided that although t~ere was not enough justifidation to peri, it the canopy in the required setback~ they felt that all other standards met with the overall General Plan. ~.was moved b¥.Mr._.Oster, seconded by Mr..Halqs, tha~.R~solution No. 951 be adopted for conditional approyal of V-67-198, Hon Development Fo permit a service station for the following 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 sur- roundings, the strict application of the Zoning Ordinance will deprive subject property of privileges enjoyed by other proper- ties in the vicinity and under identical zone classification. That the minutes of this meeting be introduced as evidence, including the statement "That the Shell Oil company had indicated that it intends to remove the existing station at Williams and McFadden." Conditions of approval: 1. Approval of access into Tustin Village Way by the State Division of Highways. Installation of Street Trees per the Master Street Tree Plan. 3. Review of plans by the Architectural Committee. That the request for encroachment by the pump island canopy into the setback along the McFadden Street frontage be denied because adequate justification of the granting of a Variance has not been presented. The above motion was voted by roll call. Ayes: Oster, Ludwig, Webster, Marsters, Halus, Bacon, Larnard. Noes: None. Carried 7-0. 2. V-67- 199 - HON DEVELO~NT-SIGNS (Continued from 12/26/67) To permit: Service Station Signs: a. One (1) pole sign in the required setback area. b. Signs totalling 555 sq. ft. (Ordinance would permit 272 sq.ft.) . as provided for businesses within 200 ft., of a freeway off-ramp. c. Two (2) pole signs (Ordinance permits one.) d. Two (2) roof signs (Ordinance permits one in lieu of ground signs). e. Aggregate area of service station roof and pole signs totalling 538 sq. ft. (Ordinance permits 150 sq.ft., unless within 200 ft., of a freeway off-ramp.) f. Aggregate area of pole s£gns totalling 416 sq. ft. (Ordinance permits 272 sq. ft., unless'within 200 ft., of freeway off-ramp.) g. A revolving (animated) pole sign. h. 15~o 35 foot pole signs (Ordinance permits maximum height of 26.5 and 26 ft., unless within 200 ft., of a freeway off-ramp.) -2- PC Minutes - February 26, 1968 Restaurant Sings: a. One (1) pole sign in the required setback area. b. Aorevolving (animated) pole sign. c. A pole sign with a total area of 526 sq. ft., (263 sq. ft,, each side) (Ordinance permits a maximin of 300 sq. ft., and 150 sq. ft., per side unless within 200 ft. of a freeway off-ramp.) d. A 36 foot pole sign (Ordinance permits 27.5 feet unless with- in 200 feet of a freeway off-rmnp.) Mr. Supin~er commented that the staff has had an opportunity to make some on-site studies relative to the sign since the last meeting. As a result, it was determined that in order to get full identification of the scr';f~ st~tlcn sf~n w~u!d require signs in excess of 35 feet high which could not be granted under this particular application. He recommended that this application be dropped or continued and a new application be filed. Chairma~ Marstcrs opened the public portion of the hearing at 7:55 P.M. Mr. Barry ]Io~ applicant stated that on two occasions since the last meeting for subject application, sign trucks have been on the property testing the sigp$ for visibility and the 35 ft., signs would not be enough l'ei~ht for easy identification of the service station. The restaurant sign proposed ~ould read "Farm House Restaurant - Tustin" but if they used the 35 ft. sign that the word "Tustin" could not be seen, feeling that this would be good identification for advertising Tustin also, but would need an additional height of 10 ft., to be visible from the highway. Mr. }!on stated that they would like to' eliminate the two ~oof sigps, item no. "d" for the service station. There being no other co~ents from the audience, Chairman Marsters declared the public portion of the hearing closed at 8:00 P.M. In answer to the Co~.mission's question, Mrs. Pearl White, 13842 Laurinda Way, Santa Ana, owner of subject property stated that it would incon- venience her if the application is delayed because of another project that she has projected and the property in consideration would deny her admittance to Tuotin Village Way for a rest home and stated that she has found other properties that would allow her free access that are available to her and if it is denied it will put her in a position that she will be denied the preperties that she is potentially seeking. The Conm~ission discussed the pros and cons of continuing the appli- cation. Mr. lion w~$ asked what procedure he preferred? Mr. }Ion stated that he would rather drop the matter and submit a new application. Tke withdraw~,l of application V-67-199 was accepted by the Planning Commission. Chairm~n Marsters stated that he would ii!ce to see the wording "Tustin" incorporated in the proposed "Farm House Restaurant" sign. The Con'mis- sion concurred. 3. ZC-68-167 - C}~ISTESON DEVELOPi4ENT C~,[PAb~ To rezone a portion of property zoned 100-C-1-P 10,000 (Combined Parking and Retail Co:n;~crcial) District to R-3 (Multiple Residential) District located 330 ft., north of the centerline of Walnut Avenue and 660 ft., east of the centerline of Ne~ort Avenue. Mr. Supine:er presented a brief staff report reconm~ending denial for the following reasons: 1. The proposed zoning would permit a maximtm~ density of 2.4 ti~nes that suggested by the General Plan. (Continued on next page) Minutes - February 26, 1968 The City has already approved or is expected to approve, rezonlngs which will permit over 1500 units in the proper locations which are not yet under construction. (500 units were constructed in 1967.) The City ip presently studying the South Tustin Area to degelop a more detailed General Plan relative to land use, public facilities, circulation, etc. 4, Approval of the subject rezoning would set a precedent which would affect large areas in the South Tustin Area. ~r. Su~in~er stated that he has had a meeting with Mr. Carl Stutsman since the last meeting and Mr. Stutsman stated that he would not oppose the rezoning of his property located on the corner of Walnut and Newport. .Chairman Marsters stated t~at this hearing is closed, although the Commissioners could direct questions to the applicant if they so desired. Mr. Halus asked the applicant if it was still his intention to build and construct at the R-3 density or at a lesser density. Mr. Christesgn, applicant stated that he wishes to retain the present density applied for under the maximum R-3, but would be willing to slightly modify that within their economic feasibility. The Commission expressed mixed feelings on the matter, discussing the density, economics and the .General Plan Outline. They felt'that some deviation would have to be agreed upon since there is no definite date that the Study of the South Tustin Area will be completed. ~t was moved by Mr~ Oster, seconded, by Mr. Webster that Resolution No. 952 for ZC-68-167 be recommended~to the City Council for approval and the adoption of an Ordinance.rezoning subject property toR-3 (Multipl~. Residential~ for the following reasons: That the nature of the piece of property directly adjacent to an R-3 1750 (Multiple Family Residential) District in- dicates that this property should be rezoned as R3-1750. As additional grounds, the minutes and evidence introduced at the hearing be included by reference and made a part of the motion. The above motion was voted by roll call. Ayes: Oster, Webster, Bacon, Marsters. Noes: Ludwig, Halus, Larnard.' Carried 4-3. Chairman Marsters stated that he voted approval because he felt that the commercial properties have had serious problems financially. He felt that this may alleviate a lot of other problems.and that he did mot like going against the General Plan but felt that there was adequate justification on subject applicatien. 4. ZC-68-168 - G. L. A. DEVELOPmeNT COMPANY For rezoning of a 3.3 acre parcel from R-1 (Single Family Residential) District to R-3 (Multiple Family Residential) District. Location: (Formerly Finley Trucking Co.) 4.04 acres between "A" and "B" Street. Chairman Marsters turned the gavel over to Chairman Pro-tern Halus to conduct the hearing on subject application, abstaining from cor~nents or voting due to his owning property contiguous, to subject parcel. ~y. S~pinger stated that this is not a rezoning of the entire full 4.4 acre parcel but includes the interior portion, some 489 ft. X 293 ft., ~ich is presently zoned R-1. Mr. Supinger stated that the staff has made no reco~nnendation, leaving it to the pleasure of the Commission. -4- PC Minutes - February 26, 1968 OLD BUSINESS Chairman Pro-tern tlalus opened the public portion of the hearing at 8:37 P.M. Mrs. Joyce~ 133. No.rth "B" St., and Mrs. Marlen. e. Stockman~ 175 North "A" Street, Tus.tin inquired about the driveway location and the perimeter Of the property. Mr. Ken NelsoD, representative, gave a brief orientation of the proposed plans and the drawbacks of the present zoning. He felt that this would be beneficial to Tustin with the plans that are proposed. Mr. Asc~ieris, owner and occupant of the professional building on Fourth Street that borders the north boundary of this property, spoke in favor of the project. After much discussion on the property'it was decided that R-3 zoning would not be a problem and may resolve some of the problems of the prop- erty. It was moved by Mr. Oster~ seconded byMr. Bacon that Resolution No. 953 for ZC-68-168 be recom~nended to the City Council for ap,reval and the adoption of an Ordinance rezoning sFbject.property to.R-3 (~iul~iple. Family) for the following reasons: 1. That the property has been a problem piece of property in the City of Tustin. 2. That the location of the property and the surrounding zoning makes an R-3 zone change appropriate. As additional grounds, the minutes and evidence introduced at the hearing are included by reference and made a part of the motion. Mr. Halus asked Mr. Supinger if hc would set a hearing date to incorp- orate the change in ~he General Plan for this particular area. The above motion was voted by roll call. Ayes: Oster, Webster, Ludwig, Halus, Bacon, Larnard. Noes: None. Abstained: Marsters. Carried 6-0. Chairman Pro-tem Halus returned the gavel to Chairman Marsters ~o continue the meeting. 1. COUNTY CASE ZC-68-3 - E. E. PANKEY This is proposed to change from the RP "Residential Professional" C1 "Local Business" and R4 "Suburban Residential" Districts to the R2 (1700) and R2 (1450) "Group Dwelling" Districts, certain property located on the southwesterly side of San Juan Street approximately 420 feet southeast of Red Hill Avenue, in the east Tustin area. Mr. Su~inger reminded the Commission that at the last meeting of the Planning Co~nission (2/12/68) that they had requested to continue the hearing until the study being prepared by a private Planning Consultant is considered and reviewed and because the City Council has taken some action in this matter. The County has continued this hearing until March 13, 1968. Mr. Alex Bowie, attorney - 811 N. Boradway, Santa Ana, stated that an investigation has been substantially completed on the land nsc. He stated that Mr. Pankey can no longer conduct orange raising on the property and that his concept on this project is a single adult type of development on the property. Mr. Bowie stated that all pertinent information should be available by the first part of next week and ex- pressed the desire of any action being taken, be deferred until the March 13th Orange County Planning Corr.~nission meeting. A letter of protest was submitted to the Commission containing approxi- mately 340 signatures from surrounding property owners. -5- PC Minutes - February 26, 1968 It was moved by Mr. Webster~ seconded by Mr. Oster, that County Case ZC-68-3 be continued to }larch llth maetim;, Carried unanimouslv. VI. BUSINESS PARCEL MAP - Jack Thoncr To divide parcel for purposes 'of sale. Location: 166 feet on the west side of Yorba approximately 190 feet north of the centerline of First Street. Mr. SuDin~er presented a brief staff report explaining that the parcel is presently being developed with apartments and is being split so 'that parcel 1 can be sold from the total parcel. He recommended that a Minute Order be adopted approving the parcel map subject to final approval by the City Engineer and recordation. It was moved by Mr. Webster~.seconded by Mr. Bacon that a Minute Order be. adopted approving, the parcel mad subiect to final approval by the City Engineer and recordation. Carried unanimously. 2. PARCEL }WP - Frank Hilditch To divide property for purposes of sale. Location: Fronts 63 feet on Pacific and 70 feet on Third St., Corner parcel 55' X 153' is excluded. Mr. Supinaer presented a b~ief staff report recommending a Minute Order be adopted and approving subject parcel map subject to final approval by the City Engineer and Recordation. It was moved by Mr. Bacon, seconded by Mr. Larn-.~gthat a Minute Order be adoDted_apg~.oving the parcel map subject to final aDproval by the City Enaineer and recordation. The above motion was voted by roll call. .lyes: Oster, Webster, Ludwig, Halus, Bacon, Larnard. Noes: None. Abstained: Marsters. Carried 6-0. 3. SERVICE STATION REPORT - For review and discussion ~r. Supinger presented a proposed Service Stations Information Report, asking for com~nents and discussion. It was felt by the Commission that they would like to have more time to review the report and possibly set up a workshop for discussion and report their corranents at the next regularly scheduled meeting (March 11, 1968). 4. TENTATIVE }~P TRACK NO. 6573 - Santa Ana- Edinger and Red Hill For review and approval. Mr. SuDin~er submitted subject map, which was received by the Tustin Planning Department from the Planning Director of Santa Aha requesting comments by February 27th. Mr. Supinger recommended approval for s'aid map. It was moved bv Mr. Halus.~ seconded by }Ir. Larnard that the Plannin~ Staff be directed to inform the Santa Ana Planning Cc.ma. tission of no opposition from Tustin Plannim,. Ce~ission. Carried 6-0. Abstained: Oster VIII. OTHER BUSINESS 1. LETTER FR~.! MR. ROURKE - RE: REQUIRING A USE PERMIT FOR LIVE EL~ERTAIN~.~NT .Mr. Suping_er presented a letter to thc Co,~ission from }ir. Rourke, in' which Mr. Gill concurred, urging that proceedings be initiated to .~,mend the Zonin5 Ordinance relative to requiring a Use Permit for the present- ation of live entertainment. It was moved by }ir. Oster, seconded bv Mr. tlal. us,. ti!at thc Planning, Staff be directed to institute and initiate a proposal in linc with i,Ir. Rourke's letter dated February 2_0..& 1__96__28. Carried unanimouslv. -6- PC Minutes - February 26, 1968 IX. ADJOURN- MENT It was moved .by Mr. Bacon~ seconded by Mrs. Ludwig that the meeting be adiourned. Carried unanimouslZ There being no further business before the Planning Conumission, Chairman Marsters declared the meeting adjourned at 9:15 P.M. sEc~rARY OF THE PLAN~$KG CO~,~IISSION C~AZr~A~ 6~ ~m ~AN~ZNO Coi.~if~fio~ -7-