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HomeMy WebLinkAboutPC Minutes 07-25-66MINUTES OF A RiiGULAR i~iEETING TUSTIN ?LAI`nIING COI•L;ISSION July~25, 1966 I. The meeting was called to order at ?:3S P.M. by CALL Chairman Hefner. TO ORDER II. Present: Commissioners: Bacon, Hefner, Halos, Sharp, Oster, ROLL Marsters CALL Absent: Commissioners: Brand Others Present: James Rourke, City Attorney James Supinger, Planning Director Ruth Poe, City Clerk Jo Ann Turner, Planning Secretary III It was moved by Halos, seconded by Sharp that the minutes APPROVAL of the July 11, 1966, meeting, be aNproved as mailed. ~[otion OF carried. MINUTES IV. 1. U? N0. 66-218 First Advent Christian Church ?UBLIC To consider application for construction of classroom HEARINGS facilities to an existing church located on the corner of Main Street and Pacific Street. Mr. Supinger presented the staff report with the recommendation that UP No. 66-218 be granted subject to the condition that off-- street parking be provided on t're lots to the East and Northeast of the subject building. Chairman Hefner opened the hearing to the public at 7:3? P.M. Mr. David Curtis, Architect, stated that this additional building would not increase the size of the sanctuary or the membership and therefore, would be no additional parking requirements. TIi9•s construction was to provide better church school and social hall facilities. A letter had been received from the City Fire i~larsl::?~. suggesting changes, one of t~:hich was getting children off the se::oi:: floor. Mr. Curtis also commented that•the church had purchased additional property to the North to be used for parking ir. the future, and in answer to ir. Sharp's question said the sanctuary seated approximately 150 people. # Mr. Halos remarked on the traffic zard created by the diagonal parking on Sunday mornings causing astbound traffic to cross the center line of Main Street. Mr. L. Hanson, Corporate Officer of the church, said the church had been at this site for eighty five (85) years and there had been diagonal parking as long as he could remember. Mr. Wilford Taylor protested this UP No. 66-218 on the grounds that additional parking will down grade his R-1 property consisti.:~ of ten (10) lots, located on the Northwest corner of Main and Pacific directly across from the church. Mr. Taylor presented a picture of the parking on Sunday mornings and stated that when the church is larger, parking will be worse. He felt that where a church is in an R-1 district, parking should conform. # Eastbound corrected to read Westbound Planning Minutes - 7/25/66 Page 2 There being no further comments or objections, the hearing was closed at 7:49 P.i~1. Upon questioning, Mr. Supinger informed the Commission that by his statement of ron-conforming use he meant that the church did not conform to all restrictions of an R-1 Gone as to parking, but that the church was on this site prior to zoning restrictions. Mr. Supinger also stated that his recommendation is only that the Commission go on record as encouraging off-street parking in the future. Mr. Oster stated that if this construction does not increase the seating capacity he did rct believe parking to be the problem and did not see where the Commission can get involved in parking at this time. Mr. Halus questioned the City Attorney as to whether parking is a valid consideration at this time. Mr. Rourke answered that as long as the church was making ary alteration in the structure they can be required to provide parking. Upon question by ~~ir. iarsters, I~:r. Curtis said the normal use of .- the church facilities was less than eight (8) hours per week other than about one (1) week in the summer months. As to use of adjoining land, Mr. Curtis said the lots to the i;ast and Northeast had been purchased but were presently occupied by residences and the rentals from these houses were being used to pay off purchase price and in the future this land would be used for parking. The layout does nct indicate any additional building on this land. It was moved by Oster, seconded by Bacon that Resolution No. 853 be adopted, arantin~ UP 66-218 of ,4irst Advent Christian Church In reply to questioning by dir. Marsters, Mr. Taylor said there was no current parking problem but feels it will further down- grade his R-1 property. Mr. Halus stated he appreciated the economics of the church development but is concerned with the safety factor and would feel more receptive if some off-street parking plans were provided. Mr. Sharp asked that consideration be given to an amendment to the motion to encourage the church to provide as much parking as soon as possible. Pastor Aulis asked permission to speak and stated they were con- cerned with parking and the two lots will, in the future, provide approximately thirty five (35) to forty (40) spaces. The church is in a twenty five (25) mile speed zone and anyone at this reason- able speed should not have to cross the center line. Reverend Aulis said the Tustin ?olice have requested parallel parking in the evening hours but have permitted ~ parking for the Sunday morning hours. diagonal Chairman Hefner stated he would not vote on this motion as he lives within the 300' radius, Above motion carried by Roll Call. Ayes: Marsters, Bacon, Sharp, Oster. Noes: Halus. Abstained: Hefner. Absent: Brand. 2. UP N0. 66-219. Santa Ana Horth Unit Conare~ation of Jehovah's 4Jitnesses Church To permit construction and maintenance of a church having a seating capacity of not more than 144 persons, on Assessor°s Parcel #062-030-02 .~ Planning Minutes - x/25/66 Pane 3 Mr. Supinger informed the Com,;,ission that the application had been amended to reduce seating capacity to one hundred and thirty five (13,5), and read a latter from Glenn V. Sissel, Chief of Police opposing this Ur due to traffic problems. i'Ir. Supinger then presented the staff report with the following recommendations; granting of the Ccnditional Use Permit subject to the following conditions: 1. That the plot plan. be revised to show a maximum three (3) fcot cave projection into the front yard. 2. That landscaping be installed tc the satisfaction of the Planning Lepart<:;ant a=c:~` the Scutherlj and Northerly boundaries of the site, Said landscaping not to exceed a height cf three (3) feet within t;~enty five (25) feet cf the'r~ost'~dortherly boundaries. 3. That if the existing trees along Pasadena have to be re- moved for construction, replacement be made of six (6) street trees spaced at proper intervals along the frontage. Said trees to be chosen from the City of Tustin Street Tree List. 4. That sprinkler devices be installed in each landscaped area for irrigation. Further correspondence protesting this UP was read. 1. Letter from r;r, g ~~rs, ~•.;illiam J. Lawrence, 145 Pasadena Avenue, Tustin, California. 2. Petition. carrying approximately thirty five (35) signatures of area reside::ts, i~r. Casey McDuffy, 185 Pasadena, protested saying 99' of the home owners or. Pasadena kvenue object to this UP, saying that most of the church attendance 5c:;erally parks in the street instead of the parking lot. This will create traffic and be too noisy. He also stated, he felt t'r,e size and shape of lot did not lend itself to a church site and ;~:ould like to see this property remain R-1 or R-2 Zoning, This case should be denied. i~r. C. A. Nisson, attorney, representing the applicant, pointed out the proper use of the R-1 Zc::e Crdirance -Concerned pri- ;narily with the willingness of the applicant to conform to Zoning Ordinance providing forty five (45) off-street parking spaces, providing paving of the street to additional width of forty (40) feet. and also installi, g curd ar:d si d~::aalks. David Allen explained the nature of the meetings were tc provide a Ministers° school with six (E) to eight (8) meetings with discussigns on Bible Study and i^structions for carryin; on the i~:inistry, which last for one hour. Gther than lectures and dis- cussions there is the singi::~ of t:~;o (2) or three (3) sons per meeting. There ara no church celi~ ringing or other disturbances to create noise, Tha structure can not be cie~~_•ir:,~:^ Sul to the neighbor:,ood, <,:;; because of it's Saanish struc~;.ure :, should confor,n to tha ct.:ar bu`_ldin s in ~~ '' g 1..~~C~:? t_c: StaLcd .,:.,., .,iley c~:are Ltililin~ v0 CCC:~~.i'aT.G- with the nei.~~:bor ood ~_~d ::eau ,•;;i ~„ u,,,,,, to a mirii:nu:n, ~ ~ u~ I~G~G "% n0 aCtlVltleS• SuC : a~ .,~C~Y~ ;;C'~T'.t;. ,,: Children playing to cause unnecessary di ::t~~~: _,ances, Planning Minutes - x/25/66 ?a ae 4 irlr. Nisson reported the present membership is sixty (60) to seventy (70) members and that the seating capacity is one hundred and thirty five (135), He states t'rat they are requesting no favors or infringing cn the neighborhood in any way, Mr, McDuff said it was almost impossible to sell homes in the vicinity of a ch~:rch due to depreciation in value ir_ the R-1 districts. He stated that depreciation is almost twenty five (25) percent. This U? was also protested by resider:ts saying this would causa extra traffic which would be hazardous and unsafe for childrer. as well as parking being a nuisance in front of residerts° homes, There is also added traffic by motorist thinking this street is a freeway entrance. There being no further comments or objections, the hearing was declared closed at 8;4G ?,i,, Mr. Oster asked the City Kttorney if Section 7.002 of the 'Coning Ordinance is the Section. requiring Conditional Use ?ermit and is the Planning Commissions chief concern for the welfare and safety of the general public. ;~ir. Rourke informed the Com~issiori that this was correct. It was i~Ir, Oster's opinion that i~asadena Street was too narrow and as a dead end street, the use is detrimental to people in that area. It ?was also asked if parking could be restricted, prohibiting church members from parking in front of the church. Mr. Supinger said he did not believe the City could prohibit all parking from that side of the street, Upon questioning, dir. ~~isson stated that the property is now in Escrow with Mr. Bell who had purchased property from the State of California and that the sale is cortingert upon the granting of this Use rermit. ir, Sharp then questioned Mr. Siegel (bidder on the State property) what he had considered using the property for. Mr. Siegel stated he had planned cn R-1 development and that he did not think the freeway would present much of a problem for residential development. Mr. Halus recommended that Staff Condition ;~2 be changed to call for Architectural Committee approval rather than Planning Deoart- ment and that a 5th condition. be added as follows;; Curbs, gutters and sidewalks be provided to meet the City standards. i`~r. Supinger checked letters and petitions and reported that out of twenty nine (2g) names ;within tre 300° radius, sixteen (16) were represented on the Prot°st. Moved by i`~r. Marsters that Ur \to, oo-2i9 be approved subject to the recommended conditions, ;~;otion died for lack of second. ifr, Halus stated that there are a r.;:mber of problem parcels bf some concern and that the obv'_ou;; concern is for the home owners. He felt that if _u.u~.:.._~ ,.;as v;e-? us a dead end street at First Street, it might :>;~"_•:•~ s;;:;,~ ;,~ the ;-,r;;blems, It Baas brought up that P asadena is r._ ; ., ~~~~ ~~,~, ;; .. e;;t artil be,yord Second Street, ^1r. Bacon. also ~.: ~_. _.,.:a .:~.. _ ..._.._ .: ;,r the peoples :welfare in that area. .•a . Planning Minutes ~-25-66 Pa e 3. PR66-101 Fredricks Development Corporation Pre-zoning of property fronting on the Southeast side of Newport Avenue, approximately 350 feet Southwest of Mitchell avenue to R-3 (^.ultiple Family Residential) Mr. Supinger presented the staff report and recommended that pre- zoning of R-4 be established for the subject property. The intent of such action would be to allo*r~ the lower density apartments South of Newport and the high density (R-3) apartments North of Newport. This appears to have been our informal Cour_ty - City zoning policy in the past ~,;hich should be continued. Due to re- cent study relative tc commercial uses in the area it is partic- ularly important that the a~.ount of commercial acreage in the South- east Tustin area be reduced. Mr. Hefner opened the hearing to the public at 9;15 P.i~i. Mr: Halus asked '•r. Supinger if he was aware of the South Tustin study in this particular area of the City and County - i~.r. Supinger said he :•;as. Mr. Douglas, Corporate Officer of Fredericks Development, stated that he is aware of the density on City construction of apartments. Based upon his research, R4 zorir.g brought or. for low density has provided a blight•~ on the market in an excess of 2 and 3 bedroom apartments. Gur products are designed to meet the demands which are 70 percent single people, ZO percent young marrieds, 10 percent divorced, and 10 percent ethers with children and pets. He pointed out that commercial zone reec:s to be reduced. We would offer 117 units which would be one bedroom apartments. Mr. Frederking, o~mer of the property, presented some of the background of the development in this area. The property was purchased three (3) ;Tears ago :aith ecndominium in mind such as the San Souci development adjacent on Mitchell kvenue. As it was no longer economically feasible to build condominium or garden apartments they had bona tc the strip commercial zoning on Newport and ;were going to garden apartments on rear of property. Studies now show that at X50,000 per acre they could build a successful 117 unit development but that development of larger apartments is not economically realistic. Nlr. George argyros spoke for this development saying he felt that this development would be an asset to the community if done with some architectural control, ~Ir. D. J. Gardner, associated with the Fredricks Development Corp- oration, stated that they had contacted ever 100 Savings & Loan Companies in Southerr. Califorr:ia to obtain available properties. ?5 to 80 percent cf distressed developments are garden type prop-' erties and it is i::possiblc to f,~na ce this type of apartments. There being no further objeci.:icr.s or comments, the hearing was declared closed at 9.40 ?.?~i. Mr.rlarsters agrees that it would be difficult to (franca this type of project. Mr. Halus asked t::e City ~;ttorneT i° it would be permissable to grant this pre-zoning subject to a liTit of li7 units. :r. Ro~.rke City Attorney, stated t'r.~;t al-i'r_cu;;h ;;ar_y cities do this it is not clear as to whet:~ier it is enforceable. It is done, but has net been tested. Planning Minutes - 7/25/66 i-aye 6 i~lr. Oster said there appeared to be a lot of R-3 in the area. i~Ir. Supinger pointed out that the aim is to have Newport Avenue the boundary for R-3 developments. The applicant stated he had no objections to anything in writing or verbal, restricting them to 11~ units. It was moved by Oster, seccnded b~,~ Bacor. that Resolution No. 855 be passed and adopted reccm:~erdin~ to the City Council that subject rp operty as applied for in ~R 66-101 be pre zoned R 3 with restrict- ion to 11~ units. The above moticn z•:as carried by Roll Call; Ayes: Hefner, Marsters, Bacon, Halus, Sharp, Oster. does: none. Absent: Brand. It was moved by Halus, seconded by Cster that whereas Diane Baig has perforcred her duties as Mannino Commission Secretary with diligence and competencey this Commission hereby commend Mrs. Baig for her service to the City and express its sincere appre- ciation for her valuable assistance, i,otion carried unanimously. Mrs. Diane Baig was then presented ~~;ith a signed copy of above Minute Order. Mr. Hefner called a f ive (5) minute recess. 4. Dry Cleanir.~ and Laundry slants To consider whether or not dry cleaning and laundry plants are a similar use to those uses now allowed in C-1 districts. Mr. Supinger presented a staff report in respect to requests received in this office tc allow laundry and dry cleaning plants in the C-1 districts, This use preser.~tly is only allowed in C-2 and C-3 districts excluding from C-1 Retail Commercial Districts. sir. Supinger also explained that t!:ere were similar plants now in operation in the City as non-conforr;ing uses due to annexations, etc; and that coined operated and pica-up stations are presently allowed. ins. Hefner opened the rr,eetirg to the public at 9:5~ P,~;, Mr. F)arner, with the Installaticr. Company, reassured the Commission the chemicals used, such as perchlorethylene were safe and produced no fumes. The plant has to be inspected and approved by the Fire Marshall of the State of Califcrria. The hazards are nil and very strictly controlled. :~,r. Marsters t•~as concerned about the noise of the plant, and ir. ~)arner stated that there was very little. Mr. Halus felt it was important to maintain a control level of employees to a maximum of six (6) and Ir, i~Iarner answered that it could actually be operated properly by only three (3) and maybe part time help for a couple of hcurs a day. Mz'. Supinger stated that all of these plants are similar and he saw no need for a L'se permit for each individual case. It was moved by :;alas SB^Qi1ClcQ G;, cI':.3r:~ that th? s CpTlmissipr f; riC that a dry Clearing ;1:?C le1'1" 'Y'Z/ ' ~'-t G-' ari allOWed uSe 1'^ '~ Zone sub0act to scGr~.,;~r,~„ 4s se;, ; : _ „ ~ the ~. ';,~ sta~f and than a ron-flammable ch:;~: ~,__ Luc?. ~., __ - _ _ ,_ ~trylene be used and that toxicity be ccnt_•c_1~.:;~ ay - „ _ „_ ..,~_.._-,;~ ;;apro~;ea sy State Fire Marshall. ~ `~ .Motion wa:. carrz . - ~ -~'ne: - Gal'i5, Shy. s .... ,.-t: Bl'.. .. -. _ .....