Loading...
HomeMy WebLinkAboutPC RES 1355 4 5 6 7 8 9 10 12 13 14 15 -- 16 17 18 19 2O 21 23 25 26 27 29 3O 31 RESOLUTION NO. 1355 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN GRANTING A USE PERMIT ON APPLI- CATION NO. U.P.73-12 OF REDLINE & ZIEGENHAGEN The Plannin~ Commission of the City of Tustin does hereby resolve as Ifollows: i · The Planning Commission finds and determines as follows: a) b) That a proper application (No.U.P.73-12) was filed on behalf of William E. Redline and Glenn Ziegenhagen for a temporary Use Permit to allOw a office trailer during construction of a new professional building on the site on the property described as the West 75' of Lots 11,12, & 13, Block "A" of Map of Tustin City, MM1/53 Records of Orange County known as 330 W. First Street; That a public hearing was duly called, noticed and held on said application; c) That establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: i) The use is of a temporary nature pending ultimate construction. ii) A negative environmental impact has been determined· iii) The proposed use is not in conflict with the Tustin Area General Plan. d) That the establishment, maintenance and opera- tion of the use applied for will not be injuri- ous or detrimental to the property and improve- ments in the neighborhood of the subject proper- ty, nor to the general 'welfare of the City of Tustin, and should be granted. e) Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as admini'stered by the Building Official, Fire Code as adminis- tered by the Fire Chief, and street improvement requirements as administered by the City Engineer 1 2 3 4 5 6 7 8 9 io 11 12 13 14 16 17 18 19 2O 21 22 23 25 26 27 29 30 32 - 2 - · The Planning Commission hereby grants a Use. Permit, as applied for, to allow the temporary location of an office trailer at 330 W. First Street, subject to the following conditions: a) The ~erm of occupancy shall be limited to six (6) months with the right of a 6 months extension by the Planning Commission on appli- cation of the owner, without notice and public hearing, provided in no event shall occupancy be authorized after receipt of notice of com- pletion; b) The submission of precise plot plans and ele- vations of the trailer for Development Preview Commission approved; c) d) Installation of fire extinguishers as required by Fire Code to the satisfaction of the Fire Marshall; The installation of a 2 1/2" x 4" fire hydrant on the south west corner at such time as the new water main is installed on First Street, with payment of hydrant costs to be a precedent to the issuance of a trailer permit. PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on the 13th day of August, 1973. ~' ' rHAIRM~N OF T~E~LANN~fNG c0~L'~IssiON STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF oTUSTIN I, MARY ANN CHAMBERLAIN, the undersigned, hereby certifies that she is the Recording Secretary of the Planning Commission of the City of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular meeting o~ the Planning Commission, held on the _/~c~ day of ~~~x~~, 192~_. · . - PL~NN~G -CO~[Mi-s~ION- R~CORDING SECRETARY 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 32 1 2 - 2. The Planning Commission hereby grants a Use Permit, as applied for, to allow the temporary location of an office trailer at 330 W. First Street, subject to the following conditions.- a) onditions:a) The term of occupancy shall be limited to six (6) months with the right of a 6 months extension by the Planning Commission on appli- cation of the owner, without notice and public hearing, provided in no event shall occupancy be authorized after receipt of notice of com- pletion; b) The submission of precise plot plans and ele- vations of the trailer for Development Preview Commission approved; c) Installation of fire extinguishers as required by Fire Code to the satisfaction of the Fire Marshall; r1HAI'R_MAN- OF TH -PLANNING COMMISSION )LANNINQ//MOMMI'SSION RECORDING SECRETARY MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION AUGUST 27, 1973 The regular meeting of the City of Tustin Planning Commission was held on the 27th day of August, 1973, at the hour of 7:35 p.m., of said day, in the Council Chambers, 275 South 'iC" Street, Tustin, California. The Pledge of Allegiance was led by Commissioner }Tare. The Invocation was give~ by Commissioner McHarris. ROLL CALL Present: Commissioners: Absent: Commissioners: Others present: Hare, Larnard, McHarris, Sharp. Dombrow R. Kenneth Fleagle, Assistant CA- Community Development Director Bruce Lenorovitz, Assistant Planning Director James Rourke, City Attorney Mary Ann Chamberlain, Planning Commission Recording Secretary APPROVAL OF MINUTES Commissioner Larnard moved for approval of the August 13, 1973 minutes as amended, and approval of the August 15, 1973 minutes as submitted; seconded by Commissioner Hare. PUBLIC HEARINGS 1. Continued Hearing V-73-4 Aspen Mining Company - to vary with the required parking as specified in the Zoning Ordinance pertaining to the expansion and enlargement of an existing restaurant. Location: 13444 Newport Avenue Mr. Fleagle reported that the motion of continuance was for the purpose of finding a basis for a hardship to justify the proposed use of subjec5 parcel with off-site parking accommodations. If there were no hazards to life and safety related to the proposed parking arrangement, justifi- cation for off-site parking could be made. This justification would relate to the standards of initial development, desire for consolidated parking accommodations, and benefits of a single user as related to multiple uses of a structure. However, the hazards to life and safety in this specific instance, outweigh the justification for a variance. The applicant does have a right to use the existing facilities with seating capacity limited to existing parking accommodations. Chairman Sharp opened the public portion of the hearing at 7:42 p.m. William Berkley, President of ~spen Mi~inq Com~aqy, stated that he fei~ the problem was basically the lunch and dinner parking problem. Mr. Berkley suggested that they close one third of the dining room during the lunch hours and utilize the existing parking. During the dinner hours they would like to utilize the parking in front of the delicatessen (14 spaces) and Medical Center (80 spaces). After some discussion Mr. F].eaq~e commented that they would still be Short 18 parking spaces for the lunch period. -1- PC Minutes 8/27/73 Page two Mr. Nick Barletta, 105 S. Prosp~t, owner of the subjqct ~r~perty, stated that he was appealing to the Commission to find some means to allow his client to open his business. Mr. Barletta commented that since there was a need for a traffic s~gnal at Bryan & Newport, the City should be the one to install it. Chairman Shard questioned Mr. Barletta if he was aware of the parking constraint on the property when he made the lease with the new tenant Mr. Barletta replied that he was aware of the existing conditions on the property. · Mr. Milton Curtis, 13362 Cromwell Drive~ Tustin, commented that he ~ad used "Jus Steak" upon occasion and never found a parking problem. Mr. John Jam.~on, architec~ for AspEn ~ining' ~gmPaDy, commented that he had checked the signals at the far corners from this project and found them to be red and green at the same time. He further stated that there doesn't seem to be any more of a hazard in front of the subject property since there are more accidents at the First Street and Newport Avenue corner. The public portion of the hearing was closed at 7:55 p.m. Commissioner Hare questioned the applicant how many employees wou/d their operation employ. Mr. Berkley answered 12 during the eveni~ and 9 at lunch but they would utilize the parking at the rear of ~he building. Chairman Sharp questioned Staff if the City would be able to poli~ the arrangement that Mr. Berkle¥ had suggested if Aspen obtained parking lease with the owner of the medical center. Mr. Rourke explained that such an agreement would be difficult an~ impossible to enforce. Commissioner Hare commented that since they had such a good prop-o~al the Co~mission should grant a temporary 6 month use and reduce th~ lunch capacity to 106 seats, utilizing the parking on the proper%7. Chairman Shar~ questioned Staff if they allowed Aspen to occupy at · 50 maximum capacity for a temporary time period, could the Cit~· then cut back the seating to 106 if they did not provide the re~red parking. Mr. Rourke explained that technically the City could ~vent further use of the property if necessary, but it would cause the Zity to be in a difficult position. Commissioner Larnard commented that he felt they could justify t~e State law variance requirements if Aspen could acquire a lease agreeme~ witk the medical center in the near future. Otherwise they don't hav'~ the room on the site to expand the capacity of the restaurant. Commissioner Larnard moved to continue the hearing until the nex'~ regular meeting to explore other alternatives and encourage Staff to work with the applicant on any new arrangements for parking acco~oclatic2 seconded by Commissioner McHarris. MOTION CARRIED: 4-0 ' · Initial Hearing UP-73-13 - California Federal Savings and Loan - A Use Permit for the purpose of authorizing the location of an office trailer during the construction of a finandal building. Location: Southwest corder of 17th & Prospect. -2- PC Minutes 8/27/73 Page three Mr. Fleagle informed the Commission that pr~iminary plans have been approved for the ultimate development of the site, with a permanent Savings and Loan building on the northwesterly corner of the shopping center development. To insure the temporary nature of the structure, the Use Permit should be for a six month period with right of extension without notice and public hearing, upon application of California Federal Savings. The recommended conditions of other departments are included in Resolution No. 1361. Chairman Sharp questioned Staff if the E1 Dorado Bank temporary site would be available for use by California Federal Savings. Mr. Fleagle explained that the new E1 Dorado Bank site would not be completed for at least six or eight months. The public portion of the hearing was opened at 8:45 p.m. Mr. James Mears, Vice President of California Federal Sav~s & Loan, informed the Commission that they would repair the trailer-and landscape it to City standards. Mr. Mears requested a 30.day extension on the off site improvements. Mr. Fleagle informed that this request would possibly create a public Iiability because of the high accident rate on 17th Street. City policy is to have street improvements completed before an occupancy permit is granted. He further advised that the trailer could be located on the property but not be open to the public until the off site improvements are completed. John Bell, Developer qf Pinewood ShoDDinq Plaza, gave a short summary of the other a~ve~oPments and their progress at the future Pinewood Plaza. The public portion of the hearing was closed at 9:00 p.m. Commissioner Larnard moved that Resolution No. 1361 granting a temporary use permit on application No. UP-73-13 be approved; seconded by Commissioner Hare. MOTION CARRIED: 4-0 PUBLIC CONCERNS - None OLD BUSINESS - None NEW BUSINESS 1. Tentative Tract No. 8356 - William Sommerville ' Location: South side of First Street, easterly of Newport Avenue Mr. Fleagle explained that this tentative tract was a result of the recent zone change to convert apartments to condominiums. This tentative tract requires a recommendation from the Planning Commission to the City Council. Chairman Sharp questioned Staff if they needed an Environmental Impact Report. Mr. FI. eagle informed the Commission that the only action ~hat was required was a negative declaration which had been filed. Bill Richardson, Enqineer for the project from Associated Engineers and P].anners,.questioned the requirement of 2 (a) in Resolution No. 1359 relative to undergrounding of utilities. Mr. Fleaqle responded that if this requirement had been satisfied at the time of original construction, tb.~'~ ~' ~?,.~ bc i..q~.o, red~ ot~e~-,~o~ ~ervice ~nes must be un'derground, ed. in accordance with the adopted policies of the City Council. -3- PC Minutes 8/27/73 Page four Commissioner Mcllarris moved to approve Resolution No. 1359, recommendinc approval of Tentative Tract Map.No. 8356 to the City Council; seconded by Commissioner Hare. MOTION CARRIED: 4-0 2. Amendment to Resolution No. 1355 - Redline - Ziegenhagen Mr. Fleagle reported that the Fire Department had rcassessed the requirement of the installation of a fire hydrant on "A" Street and determined that the condition is neither equitable nor necessary at this time. Commissioner Larnard moved to delete paragraph 2 (d) from Resolution No. 1355; seconded by Commissioner McHarris. Chairman Sharp questioned Staff is this would affect the insurance rates on the building. Mr. Fleagle answered no. MOTION CARRIED: 4-0 AUDIENCE PARTICIPATION - None CORRESPONDENCE UP 3436 - Orange County - Pacific Telephone - addition to existing telephone exchange building. Location: Northwest corner of Browning & Irvine Mr. Fleagle reported that the subject property is presently developed as a telephone exchange bualding in the R-4 District, surrounded by single family homes. As presently designed, the structure appears compatible with the surrounding residential developments. A change in the character from a one story to a two story building may have an adverse effect upon the surrounding area, unless extensive efforts are made to landscape and screen the structure with trees. The property is presently in the R-4 "Small Estate" District. If the property were within the City of Tustin, the recommendation would be for a rezoning action to the Public and Institutional District. Staff further recommended screening of all roof top equipment, removal of all overhead wires and poles, landscape perimeter screening, installation of irrigated street trees, and trees should be planted along the 7' 10" block wall. Chairman Sharp questioned Staff about the absence of neighboring residents of that area. Mr. Fleaqle explained that this action is not a public hearing and the residents were not aware of this item on our agenda. After some discussion Commissioner Larnard moved to direct Staff to prepare correspondence to the County Planning Department stating the above concerns; seconded by Commissioner Hare. MOTION CARRIED: 4-0 Extension of Time - UP-71-364 - Dennis Wall Location: Site fronts approximately 110 feet on the northeast side of NJ. sson Road, and is located approximately 435 feet southeasterly of the centerline of Red l~ill Ave. Mr. F]eaq].e reported that the subject Use Permit has been in operation since Au~u.~;t 23, ].971. It ha:~ b~en the continued recommendation of the City l.lngineer that thc propel-ty be required to meet the dew, lodgment standards of other property within the City, by installation of street improv(,m(~nt.~;. As the area continues to devt~]op and activity incr~ases, the r( commendation.,TM o_ of th~: City l.:ngJneer become even more valid and --4-- PC Minutes 8/27/73 Page five critical. It appears that the total prope~ is in a "holding" operation as the site of a temporary nursery, billboard location, and classic house in deteriorating condition. As long as temporary use permits are extended by the Commission, there is little hope of quality improvement of the property and the public right-of-way. Commissioner Hare questioned Staff if there have been any changes in the surrounding area. Mr. Fleagle answered that the Orange Garden Apartments have just been completed, a new Montessori School has been proposed on Nisson Road, and there are two new proposals for the corner of Nisson Ro~d and Browning. Also there will be increased traffic from the new residential development on Walnut Avenue. Commissioner Hare moved to adopt Resolution No. 1360, granting a six month extension of the Temporary Use Permit on Application No. UP-71-364, of Eugene F. Tutt; seconded by Commissioner McHarris. Chairman Sharp questioned the City Attorney how long could they continue to grant extensions on a Use Permit. Mr.' Rourke informed the Commission that there were no specific limitations. Commissioner Larnard questioned the applicant if he had any information to add to the discussion. Mr. Dennis Wall, owner of the n_u~ery, informed the Commissioners that he would like to have the option open to renew the Use Permit after six months since he would not be able to make the street improvements for Mr. Tutt. Commissioner Larnard questioned Staff what kind of improvements (street) would be necessary. Mr. Fleagle answered curb, gutter, and pavement for about 700 feet. -- -- Chairman Sharp stated that he felt the Commission would need the cost factor before they considered it again. Mr. F!ea~le added that he would check into the situation. MOTION CARRIED: 4-0 e Meeting Announcement for Southern California Planning Congress on September 13, 1973 in Los Angeles. STAFF CONCERNS Mr. Fle~qle informed the Commission of the following pending items: 1. Use Permit for Firestone located on E1 Camino Real at Laguna Road. 2. Use Permit for Shopping Center Development located on the triangle bounded by Main, Bryan & Newp0rt Avenue. 3. Amendment to Zoning Ordinance - Use Permit related to Industrial Building occupancy. Orange County General Plan The Commission directed Staff to prepare correspondence requestin~ a representative from the County Planning Department to attend a City of Tustin Planning Commission meeting and discuss the General .Plan at that time. ETAFF CONCERNS Commis~ionor McHarris commented about the wee~s at First Street and E-~--C-am-i'no Real. Mr. F].eaqle advised that thi~' property is on the -5- PC Minut{~s 8/27/73 Page six market and the property owner and real estate agent will be informed about the situation. ADJOURNMENT ' Commissioner Hare moved for adjournment to the next regular meeting on September 10, 1973; seconded by Commissioner Larnard.