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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