HomeMy WebLinkAboutPC Minutes 11-13-67MINUTES OF A REGULAR MEETING
TUSTIN PLANNING COmmISSION
November 13, 1967
CALL TO
II.
ROLL
CALL
III.
APPROVAL
OF
MINUTES
IV.
PUBLIC
REARINGS
The meeting was called to order at 7:30 P.M., By Chairman
Marsters.
Present: Commissioners: Oster, Webster, Ludwig, Marsters, Halus,
Brand, Bacon~
Absent: Commissioners: 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 by Mr. Oster., seconded by Mr. Halus~ that the
Minutes of October 23, 1967 be approved as mailed. Carried 7-0.
1. UP-67-240 - Dale Willoughby
To permit the establishment of a business for the storage,
distribution and sales of radio control glider kits and
related accessories in a non-conforming building.
Mr. Supin8er presented a brief staff report recommending con-
ditional approval for a one year period. His reasons were
that the proposed use will be less intense than the previous
bicycle shop use which was very active in terms of walk-in and
drive-up traffic.
Non-conforming uses were discussed regarding the building.
Chairman Marsters opened the public portion of the hearing at
7:33 P.M.
Mrs. Bernie McKay, 140 North '~" Street, Tustin, spoke with
concern of the proposed use interfering with television reception
in the homes in the adjacent area.
Mr. Dale Willoughby, applicant, said that although there would be
a few small transmitters in the building he did not feel that there
would be any interference caused by this, but commented that he
would be glad to run a test if this was necessary. After being
questioned by the Commission, Mr. Willoughby said there have never
been any complaints in other areas of similar uses.
There being no further comments or discussion, Chairman Marsters
declared the public portion of the hearing closed at 7:40 P.M.
Mr. Oster concurred with Mr. Supinger that this is a more restrictive
use and should be limited for a one year period.
It was moved by Mr. Oster~ seconded by Mr. Webster that Resolution
No. 928 for UP-67-240 be granted for a one (1} year period subject
to the following conditions:
I. That all electrical wiring over and above the existing wiring
must comply with the current code.
That the operation :,hall not interfere with television
reception in the area and if it is brought to the attention
of the Cou~ission that television interference is resulting
in the area, then at that time the Use Permit shall be
revoked.
PC Minutes - November 13, 1967
OLD
BUSI[~ESS
Vi.
NEW
BUS IN~.SS
The reasons for approval arc:
The proposed use is found to be of the same or a more
restrictive nature than the bicycle shop previou:;ly located
there in.
The Commission finds that thc establishment, maintenance
and operation of the use applied for will not, under tile
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 tile neighborhood or tile
general welfare of the City.
Mr. Halus questioned Mr. Willoughby on the use of the transmitters.
Mr. Wil~oughb~y explained that these would be for demonstrations
only.
The above motion was voted by roll call. Ayes: Oster, Webster,
Ludwig, Marsters, Halus, Brand, Bacon. Noes: None. Carried 7-0.
1. FORMAL FIN~)ING FOR '~rAKE-OUT" AND WALK-UP FOOD ESTABLISI~4ENTS
It was agreed by the Planning Commission that the Zoning
Ordinance would be amended to allow "take-out" and '~alk-
up" food establishments in C-I, C-2 districts of less than
five (5) acres subject to use permit and C-I, C-2 and C-3
districts of more than five (5) acres without a use permit.
2. UP-67-237 - Paul Lerner - Lerner Oil Company
Mr. Supinser presented a letter from Nr. W. Lee Cozad, of
the Lerner Oil Company along with a report of the progress
that has been made by the applicant relative to the Service
Station. He mentioned that this use permit was granted two
(2) months ago and as of yet, architectural plans have not
been submitted for the Architectural Committee's approval.
He stated that several discussions have taken place with the
Lerner Oil staff and each time was assured that compliance
with the conditions would be forthcoming. It was his suggestion
that if an acceptable explanation was not given by November 13,
that a public hearing be scheduled for November 27th Planning
Commission meeting regarding revocation of the Use Permit.
After discussion on subject application, it was felt that if there
were any problems or hardship that ha',e occurrdd pertaining to this
then they should come before the Planning Con~uission to discuss it.
Mr. Supinger stated that several landscape companies have submitted
bids but as of now, there have been no decisions made.
It was moved by Mr. Bacon~ seconded by Mr. Brand that a public
hearing be set for UP-67-237 for consideration of revocation of
~pb~ect Use Permit relative to the condit%on~ approval of the
~pplication on November 27, 1967.
Mr. Oster inquired as to the proper procedure for handling this
matter and Mr. Rourke stated that the decision as stated in the
previous motion was adequate.
The above motion was voted by roll call. Ayes: Oster, Webster,
Ludwig, Marsters, llalus, Brand, Bacon. Carried 7-0.
PROPOSED FORMAL FI?,.)]NG - re: Extended Care Facilities
(convalescent hospitals) in C-1 District subject to Use
Permit.
PC Minutes - November 13, 1967 ~ ".. ..... ;g~..'~.
Mr. Supinser presented the Commission with a letter written
by Mr. Warren Finley, requesting that an extended care facility
is similar to a rest home and other uses permitted subject to
the granting of a permit in C-1 zoning, be made by a Focmal
Finding.
Mr. SuDinKer presented the staff report suggesting that a
Use Permit be required and that these uses be permitted in
the P-D, R-3, R-4, C-1 and C-2 Districts.
Mr. Brand commented that he did not quite have a solution for
what he intended to state and even with the risk of possibly
being considered somewhat "crass" he felt that we are really
talking about a commercial establishment although the services
rendered to individuals as opposed to selling hardware items
or some such inanimate object and as such he felt that it is
not in the best taste to put it in a residential R-3, R-4 or
even the P-D Districts. Yet, on the other hand "I recognize
the problems of restraining it to C-1 and C-2 Districts because
of noise and location and general facility problems so as I
said before, I don't really know what the solution to this is,
but I'd like to bring thi~; point up to the Con~ission's con-
sideration anyhow."
Mr. Halus stated that he did not see a marked similarity in the
uses.
Mr. Oster asked if the wording in Section 11.390 of the Ordinance and
?.-:cl~:inj mental institutions or institutions that treat
persons addicted to drugs would be used - feeling that a
sanitarium was limited in scope. Mr. Supingcr yes.
It was moved by Mr. Oster, seconded ~y Mr. Uebster that the
Plannin~ Commission find that extended care facilities.
valescent hospitals and sanitariums are similiar to rest homes
and shall be permitted in the P-D, R-3~ R-4, C-1 and C-2
Districts subject to the securin8 of a Use Permit.
The above motion was voted by roll call. Ayes: Oster, Webster,
Ludwig, Marsters, Halus, Brand, Bacon. Noes: None. Carried 7-0.
VII,
COP, RES
PONDENCE
NONE
VIII.
OTHER
BUS INES S
1. Orange County Economic Development Conference
Mr. IIalus extended appreciation to the City for being allowed
the opportunity to attend the conference, feeling that the
sessions were very worthwhile in terms of giving us a better
background and knowledge of the fine living which we are trying to
support our community.
Chairman Marsters commended Mr. Ben Wheelock, Public Works
Director, for the stand he provided to hold the General Plan
and Zoning maps for the use at Planning Commission meeging~o
3. Faulty Microphones
Mr, Banon expressed concern regarding faulty microphones
being used at the meetings.
IX.
ADJOUR~4ENT
It was moved by Mr. Bacon~. seconded by Mrs. Ludwig, that the ~.~_etin. g.
be adjourned. Motion carried unanimously.
There being no further business before the Planning
Chairma,~ Marsters declared the meeting closed at 8:00
CIbkIRMAN 0~' THE PLANNING CO~'ll
,,~CRETARY OF THE PLANNING COb~MISSION