HomeMy WebLinkAboutCC MINUTES 1972 12 04 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
December 4, 1972
CALL TO ORDER Mayor Miller called the meeting to order at 7:33 p.m.
II.
PLEDGE OF
ALLEGIANCE Led by Councilman Langley.
III.
INVOCATION Given by Mayor Miller·
ROLL CALL Present: Councilmen: Miller, Saltarelli, Langley,
Welsh.
Absent: Councilmen: None.
Others present: City Administrator Harry Gill
Asst. City Admin. - Community Devel.
Ken Fleagle
City Attorney James Rourke
City Clerk Ruth Poe
PUBLIC
HEARINGS 1. PZ 72-137 - ROY DALY
On motion of the Planning Commission a prezone
change from the Orange County R-4 Distri'ct to
the City of Tustin PC-R-3 (1900) District, sub-
ject to annexation to the City.
~ Site: approximately 4.4 acres fronting approx-
imately 230 feet on the northeasterly side of
_ Mitchell Avenue and approximately 1,092 feet
southeasterly of the centerline of Red Hill
Avenue.
Mr. Fleagle summarized the background of this pre-
zone request, which was the subject of a Planning
Commission public hearing on November 13, 1972, on
which date. the Commission adopted Resolution No.
1298, recommending approval of the prezone subject
to certain conditions.
Mayor Miller opened the public portion of the hear-
ing at 7:36 p.m.
Mr. Gared Smith, 2043 Westcliff, Newport Beach,
architect for the applicant, distributed photos of
the existing project to the Council, and explained
that the apartment development has existed for
three or four years on two-thirds of the property,
with the other one-third remaining in orchard state;
the latter third is the subject of this request.
He narrated a slide presentation of this and other
of Mr. Daly's projects, and stated that he and Mr.
Daly were aware of and concurred in the staff reports
and would find no difficulty in complying with recom-
mendations. He added that the undeveloped portion
behind the apartments has been a considerable vandal-
ism problem.
There being no further comments or objections, Mayor
Miller closed the public portion of the hearing at
~ p.m.
Mr. Fleaale showed a map to clarify the location of
'the existing and proposed apartments. In reply to
City Council Minutes
12/4/72 Page 2
questioning he explained that if consent of an
adjoining property owner could be obtained, Mr.
Daly's property could be annexed to the City with
the inclusion of such adjoining property, to gain
continuity with existing City boundaries. Adjacent
property owners have not been contacted. He ex-
plained further that prezoning, which is the right
of any city to establish on land within its sphere
of influence, has no value to the applicant without
annexation.
Mr. Saltarelli commented that the design concept was
good, but that the impact on police and fire service
to the area by creation of an island should be ex-
plored.
Mr. Fleagle replied to questions concerning density
by stating that under the present County zoning
(R-4), density would be one unit per 3,500 sq. ft.,
or 14 dwelling units to the acre. To develop in
the County in accordance with his current proposal,
Mr. Daly would have to obtain a zone change to R-3
through the County.
Mr. Miller noted that this prezone would allow den-
bity to increase from 14 units per acre to 22.7
units per acre.
Mr. Roy E. Daly, 1009 Baltimore, Kansas City, MO,
stated that it is essential that he develop the
property because of tax pressures and the attractive
nuisance afforded by the undeveloped orchard portion.
Moved by Saltaretli, seconded by Welsh that PZ 72-137
be denied. Carried unanimously.
2. PZ 72-138 PLANNING COMMISSION INITIATED
ON BEHALF OF BEST YEARS
On motion of the Planning Commission, the pre-
zone change from the Orange County C-2 District
to the City of Tustin Planned Community (P-C)
District to authorize an integrated development
consisting of a village shopping center complex,
private club, restaurant, and multi-family
residential units.
Subject parcel has a frontage of approximately
315 feet on the north side of Irvine Boulevard
and lies between the Southern Pacific Railroad
right-of-way and the Orange County Flood Con-
trol Channel. Existing use consists of a
trucking material storage lot.
Mr. Fleagle stated that the original request for pre-
zoning of this property was denied by the Council
based on the density of residential units, height of
structures and their proximity to adjacent single-
family properties to the north, and the traffic
circulation pattern. The amended application was
the subject of the public hearing by the Planning
Commission on November 13, 1972, following which the
Commission adopted Resolution No. 1297, recommending
approval of the revised conceptual plan and prezonlng
subject to annexation to the City and other conditions.
~ayor Miller opened the public portion of the hearing
at 8:03 p.m.
City Council Minutes
12/4/72 Page 3
Mr. Robert Kramer, Executive Vice President of Best
Years, Inc., 200 East First Street, Tustin, stated
that following Council denial of the original re-
quest, extensive economic evaluations were undertaken
for the purpose of converting the project to one
which was viable and also acceptable to the City of
Tustin. Density has been reduced to 1,250 sq. ft.
of land per unit, resulting in 34 dwelling units per
gross acre. Buildings will not be located closer
than fifty feet from the rear property line, and
the buildings along the rear will be limited to two-
story. There have been changes in the traffic pat-
tern, but further work with the City Engineer will
be required to work out all details. The balance of
the project is basically the same as before. Land-
scaping has been discussed with the Development Pre-
view Commission and their ideas will be incorporated.
Councilman Saltarelli stated that it appears that the
applicants have resolved the Council's concerns about
the previous'application, but asked what guarantee
the City would have that the entire project would
be built, and not just one portion of it. He com-
mented that concepts for integrated commercial and
residential developments have been approved by the
Council in the past, with the result that the multi-
family is built first and something happens to delay
or prevent construction of the commercial portion.
He was reluctant to approve the multi-family unless
the commercial was guaranteed.
F'~ Mr. Richard Prior, 3610 Long Beach Boulevard, Long
Beach, Architect and one of the principals of Best
Years, Inc., agreed that this is the way the property
.... should be developed, and suggested that they come
back before the Council prior to construction in the
event that it appears that the project cannot be com-
pleted as a whole. He stated that the configuration
of the property makes it economically necessary to
grade the entire parcel, including filling and cover-
ing the Flood Control Channel'on the west.
Mr. Kramer stated that even if the R-3 portion were
developed first, this would still be an asset to the
City, as it would provide a good buffer between the
commercial and E-4 development to the north, and
noted that the present County C-2 zoning would allow
construction of a I2-story building ten feet from
the rear property line. He stated that he understood
that since this would be a planned development, any
substantial deviation from the concept would have
to be approved by the City Council.
Mr. Langley expressed concern about green areas and
trees, particularly that trees be of sufficient size
to enhance a project of this scope.
Mr. Prior stated that he was advised that a certifi-
cate of occupancy would not be issued for the restau-
rant until proper trees are planted.
Mr. A. Zettl~r Greel~, 14621 Clarissa Lane, Tustin
'(County), a resident to the north of the property,
thanked the Council, Planning staff, and developers
for their cooperation in making the project accept-
able to adjoining property owners.
There being no further comments or objections, Mayor
Miller closed the public portion of the hearing at
8:17 p.m.
~ty Council Minu~es
12/4/72 Page 4
Councilman Saltarelli stated that the project has
mere, but it should not be accepted unless it is
developed as a total package.
Mayor Miller suggested wording the ordinance to pro-
vide that certificates of occupancy not be issued
on the residential portion until the framing inspec-
tions have been completed on the commercial structures,
or that certificates of occupancy be issued for com-
mercial prior to issuance for the residential.
~.ouncilman Welsh preferred the latter approach.
Councilman Langley disagreed, stating that it would
be more equitable to require that a certain stage of
construction be reached on the commercial before
certificates of occupancy are issued on the residen-
tial, because completion of the residential would
have significant bearing on financing for the com-
mercial.
Moved by Saltarelli, seconded by Welsh that the find-
ings of the Planning Commission as contained in Res..
olution No. 1297 be upheld, and that the City Attorney
be instructed to prepare the necessary ordinance, to
include provisions guaranteeing a total package devel
ppment.
Mayor Miller stated his feeling that there are already
enough multiple developments in the City.
Above motion carried by roll call vote. Ayes: Salt-
arelli, Langley, Welsh. Noes: Miller. Absent: none.
VI.
PUBLIC
CONCERNS 1. MR. MILTON CURTIS, RE: DEVELOPMENT PROCEDURES
Mr. Milton Curtis, 13362 Cromwell Drive, Tustin, ex-
pressed concern that the Planning Commission recom-
mendations relative to development procedures, ap-
proved by the Council on November 6, 1972, were not
being implemented in the manner intended by the Com-
m~ssmon; specifically, the recommendation that the
Community Development Director be designated coordi-
nator of all developments to assure that they are
completed in accordance with directions of official
bodies.
Mr. Gill explained that he has discussed with staff
members means of establishing better control over
developments, as instructed by the City Council;
the exact assignment of duties was not specified by
the Council. Some details are still being worked
out, for example, several department heads were
r~ce~tly asked to attend Development Preview Com-
mission meetings on a temporary basis to provide
input where necessary and to be fully aware of the
action and intent of that Commission.
Mayor Miller agreed that the means of achieving im-
proved coordination was left to the City Administra-
tor's discretion, to determine whether it could be
accomplished without reorganization.
VII.
CONSENT
CALENDAR (See next page).
City Council Minu~es
12/4/72 Page 5
CONSENT
CALENDAR 1. APPROVAL OF MINUTES - November 20, 1972, meeting.
2. RATIFICATION OF DEMANDS in amount of $80,800.38.
3. RIGHT-OF-WAY EASEMENT DEEDS AND AGREEMENTS,
FIRST STREET AHFP PROJECT NO. 604 and 649.
Acceptance of deeds and ahthorization for Mayor
and City Clerk to execute agreements for Parcel
20 (Phase I) and Parcel 7 (Phase II), all as
recommended by the City Engineer.
Moved by Saltarelli, seconded by Langley that all
items on the Consent Calendar be approved. Carried
unanimously.
VIII.
ORDINANCES
FOR
ADOPTION 1. ORDINANCE NO. 562
An Ordinance of the City Council Of the City
of Tustin, California, PROHIBITING CERTAIN
PERSONS IN NORTH TUSTIN PARKETTE ALSO SOME-
TIMES KNOWN AS SANTA CLARA PARKETTE.
Moved by Welsh, seconded by Miller that Ordinance
No. 562 have second reading by title only.
In reply to questioning, Mr. Gill stated that the
Parks and Recreation Commission, at their November
28th meeting, had recommended naming this parkette
"Olive Tree Park", pursuant to Council policy of
naming parks after trees, although the original in-
tent of this policy was to name only new parks after
trees.
Above motion carried unanimously.
The secretary read Ordinance No. 562 by title.
Moved by Welsh, seconded by Saltarelli that Ordinance
No. 562 be adopted. Carried. .Ayes: Millerr Saltar-
elli, Langley, Welsh. Noes: none. Absent: none.
2. ORDINANCE NO. 563
An Ordinance of the City of Tustin, California,
AMENDING THE ZONING ORDINANCE OF THE CITY OF
TUSTIN, ORDINANCE NO. 157, AS AMENDED, TO PER-
MIT DAY CARE HOMES - CHILDREN.
Moved by Langley, seconded by Saltarelli that Ordinance
No. 563 have second reading by title only. Carried
unanimously.
The secretary read Ordinance No. 563 by title.
Moved by Langley, seconded by Saltarelli that Ordinance
No. 563 be adopted. Carried. Ayes: Miller, Saltarelli,
Langley, Welsh. Noes: none. Absent: none.
IX.
ORDINANCES
FOR
INTRODUCTION (See next page).
City Council Minutes
12/4/72 Page 6
ORDINANCES
FOR
INTRODUCTION 1. ORDINANCE NO. 564
An Ordinance of the City of Tustin, California,
REZONING PROPERTY ON APPLICATION NO. Z.C. 72-234
OF THE CITY OF TUSTIN.
Location: Northwesterly intersection of Main
Street and Centennial Way.
Moved by Saltarelli, seconded by Welsh that Ordinance
No. 564 have first reading by title only. Carried
unanimous ly.
The secretary read Ordinance No. 564 by title.
X.
RESOLUTIONS NONE.
XI.
OLD
BUSINESS 1. FINAL MAP OF TRACT NO. 7954
Looation: Easterly of Tustin Meadows and
southerly of Walnut Avenue.
Moved by Saltarelli, seconded by Welsh that the
findings of the Planning Commission as contained
in Resolution No. 1299 be upheld, that Final Map
of Tract No. 7954 be approved subject to conditions
set forth in said Resolution, and that the staff be
directed to prepare a Resolution for adoption at
the next regular Council meeting. Carri~=d unani-
mously.
2. FINAL MAP OF TRACT NO. 8033
Location: Bounded by the A.T. & S.F. Venta
Spur tracks; the easterly extension
of Walnut Avenue; proposed Cherry-
wood Lane and a line approximately
1,350 feet northerly of Walnut Avenue.
Moved by Welsh r seconded by Sa!tarelli that the
findings of the Planning Cor~mission as contained in
Resolution No. 1300 be upheld, that Final Map of
Tract No. 8033 be approved subject to conditions
set forth in said Resolution, and that the staff be
directed to prepare a Resolution for adoption at
the next regular Council meeting.
Mr. Rob Partin, President, Southern California Div-
ision of U. S. Development Corporation, referred to
his December 1st letter to the Council, regarding
Section l(d) of PC Resolution 1300, which is as
follows:
"1. (d) That the development plans shall require
the review and approval of the Develop-
-ment Preview Commission and directs said
Commission to specify that no greater
than 3 bedroom units shall be authorized
on any lot less than 5,000 square feet
in area."
He maintained that the imposition of the 5,000 sq.
· ft. lot area per four-bedroom house could result in
City Council Minutes
12/4/72 Page 7
limitation of the neighborhood design to nine four-
bedroom homes out of a total 243 homes, which would
limit the marketability of the homes and could threat-
en the streetscape design by placement of the four-
bedroom two-story homes in concentrations at the end
of cul-de-sacs or on corner lots. He noted that the
Company has already reduced total dwelling units from
252 units, originally approved, to 243 units, which
constitutes a density substantially below the gross
population density allowed under the zoning and shown
in the General Plan. He stated that if the intent
of the above Section is to assure a certain amount
of lot area per bedroom, then the 5,000 square foot
h
requirement is self-defeating because t e four-
bedroom, two-story house covers substantially less
ground than the three-bedroom one-story house.
In reply to Council questioning, Mr. Fleagle stated
that it might be appropriate for the Council to det-
ermine the percentage of four-bedroom units, subject
to review of the location by the Development Preview
Commission, for the purpose of controlling density.
The tentative map indicated that 25% of the total
would be foUr-bedroom units.
The Council discussed lowering the number of four-
bedroom units to 15%, feeling that this would be
a reasonable mix of the four-bedroom homes.
Mr. Partin stated that this would impose a condition
on the final map which should properly have been im-
posed on the'tentative map.
Mr. Rourke stated, in answer to Councilmen's questions,
that the issue of whether the developer has the
right to insist that this condition not be imposed
on the final map because it is a new and different
condition from those required on the tentative map,
would require further study on his part; if the
Council is desirous of imposing that conditionr
the matter should be continued to the next regular
meeting at which time he could make a recommendation.
Mr. Partin suggested a compromise which would allow
25% four-bedrooms in the first 68 units, and upon
completion of occupancy of the project, submission
for Council review of a buyer profile indicating
the number of occupants per house as related to the
number of bedrooms.
Following further brief discussion, during which it
was noted that only 8-10% of the lots would be af-
fected by Section l(d), Councilmen Welsh and Saltarelli
agreed to amend their previous motion by deletion of
the following phrase from Section l(d) of Planning
Commission Resolution No. 1300:
"...and directs said Commission to specify that
no greater than 3-bedroom units shall be auth-
orized on any lot less than 5,000 square feet
in area."
Carried unanimously.
Councilman Saltarelli expressed hope that lot size
~or four-bedroom units could be increased in subse-
quent phases.
City Council Minutes
12/4/72 Page 8
RECESS Mayor Miller called a recess at 9:D7 p.m. The meet-
ing reconvened at approximately 9:20 p.m.
OLD
BUSINESS 3. AGREEMENT WITH SANTA FE RAILROAD - WALNUT
(continued AVENUE CROSSING PROTECTION
Moved by Langley, seconded by Saltarelli that Agree-
ment with Santa Fe Railroad concerning Walnut Avenue
Crossing Protection be approved and the Mayor and
City Clerk authorized to execute said agreement.
Carried unanimously.
XII.
NEW
BUSINESS 1. EXTENSION OF TIME - TENTATIVE TRACT NO. 7721
Location: Westerly side of Red Hill Avenue
Between Valencia Avenue and Bell
Avenue.
Moved by Saltarelli, seconded by Langley that an
18-month extension of time for filing of final map
upon Tract No. 7721, as requested on behalf of
International Rectifier Corporation, be granted.
Carried unanimously.
2. DEVELOPMENT OF EL CAMINO REAL - MR. TOM KELLY
Mr. Tom Kelly, 330 E1 Camino Real, Tustinr presented
aletter to the Council signed by a number of mer-
chants on E1 Camino Real, suggesting specific action
by the City to install public improvements in the
downtown area (pursuant to Section 4.17 (h) of
Ordinance No. 510, adopted in July, 1971) by means
of revenue sharing funds. Mr. Kelly offered several
'suggestions to enhance the area and encourage busines-
ses to locate downtown:
a. Diagonal parking along E1 Camino Real from First
Street to Sixth Street.
b. Elimination of on-site parking requirements.
c. Designate a parcel for Bicentennial commemoration.
d. Eliminate charge for square footage in new build-
ings (tax on new construction, authorized by
Ordinance 560).
e. Review priorities with regard to undergrounding
of utilities.
f. Inaugurate plan for amortizing "non-authorized"
businesses in the area.
g. Explore possibility of a redevelopment plan.
Mr. Gill stated that $8,000 was budgeted for FY 1972-3
for improvement of street lighting on E1 Camino Real,
and that the staff is awaiting word from the Edison
Company on a proposal for decorative street lighting
as discussed in recent meetings with Edison Company
and light pole manufacturers' representatives. He
felt that $8~000 probably would not be sufficient to
do the job properly. With regard to underground
utilities, the cost is currently $100/foot, and monies
have been allocated to First Street. Also, the idea
of diagonal parking has been explored by the staff
and was deemed too hazardous for implementation.
Ma~or Miller suggested installation of attractive
5enches by the City, and stated that he was philo-
sophically opposed to urban renewal projects.
C~cy Council Minutes
12/4/72 Page 9
Councilman Langle~ stated that this should not be
an effort solely by the City to improve the downtown
area, but should combine the efforts of local business
people, the Chamber of Commerce, and the City, to
encourage activity in the area. He would be reluc-
tant to proceed without a commitment from the busines-
ses and the Chamber.
Councilman Saltarelli agreed, and also suggested
~hat this be a topic discussed in conjunction with
other functions of the Chamber in a Council/Chamber
workshop to be scheduled in the near future.
Mayor Miller stated that the City's course of action
should be to discuss the matter with the Chamber of
Commerce, and to budget in future for public improve-
ments along E1 Camino Real.
3. ACQUISITION OF TUSTIN ELEMENTARY SCHOOL DIS-
TRICT PARCEL ON BENETA WAY FOR PARK PURPOSES.
Moved by Miller, seconded by Langley that the Mayor
and City Clerk be authorized to execute agreement
With the Tustin Elementary School District for the
acquisition of TESD Parcel on Beneta Way for park
purposes. Carried unanimously.
XIII.
OTHER
BUSINESS 1. APPEAL OF PLANNING COMMISSION DENIAL OF
UP-72-397
Moved by Saltarelli, seconded by Miller that Plan-
ning Commission denial of UP-72-397, no authorize
activities of the Orange County Coroner, to include
administrative offices, a laboratory, and morgue
in an existing structure located on the Planned
Community District, be appealed. Carried unani-
mously.
(This matter will be scheduled for public hearing
by the Council on December 19, 1972.)
2. TAX REFORM BILL
Mayor Miller requested that the staff forward to
the Council any new information received on the
Reagan-Moretti-Ditls Tax Reform Program, recently
enacted by the Legislature, which might have an
effect on the City.
3. REVENUE SHARING
Mr. Gill reported that cities have authorized Orange
Eounty League President Bob Finnell to make a presen-
tation to the Board of Supervisors on Wednesday,
December 6, concerning the Orange County Cooperative
Revenue Sharing Plan, formulated by a special League
Committee and unanimously approved by Orange County
cities. The Cooperative Plan calls for distribution
of half the County's Federal Revenue Sharing alloca-
tion to the cities on a matching funds basis, on the
basis of assessed valuation and population. It has
been requested that mayors and councilmen attend
the 10:00 a.m. hearing of the Board of Supervisors on
the above date.
City Council Minutes
12/4/72 Page 10
4. PARKS & RECREATION COMMISSION VACANCIES
Council directed that proposed ordinance revising
membership of the Parks and Recreation Commission
be placed on the agenda of the next regular Council
meeting.
5. PARK CURFEW
The City Administrator was instructed to implement
a permit system for use of City parks by authorized
groups after 10:00 p.m.
6. MUNICIPAL ADVISORY COUNCILS
Mr. Gill reported that the League Executive Committee
'had concurred in Vice P~esident Bob Harvey's (Council-
man, Cypress) recommendations regarding Municipal
Advisory Councils, and he will make a presentation
to the Board of Supervisors expressing the League's
concerns about financing of the councils, election
of representatives, etc., and the desirability of
the Board referring applications to the Local Agency
Formation Commission for a determination as to need.
7. UP 72-399 - DAN JONES ET AL
Mr. Fleagte submitted a report advising the Council
of the Planning Commission's conceptual approval
on November 27, 1972, of UP 72-399, authorizing
construction of a shopping center on the southwest
corner of Seventeenth and Prospect. The concept
plan as presented is in conformance with the prior
approved master plan of development for the total
43-acre area. The matter of wall height and rear
treatment of buildings was left to the discretion
of the staff and Development Preview Commission.
Moved by Miller, seconded by Welsh that the Develop-
ment Preview Commission recommend to the City Council
conditions for final approval of development of the
Jones property, with final approval to be under the
control of the City Council. Carried unanimously.
8. CLERKS FOR POLICE DEPARTMENT
Moved by Sal'tarelli, seconded by Welsh that extension
of temporary employment of a Typist Clerk, and hiring
of a second Temporary Typist Clerk, (both at $459/mo)
be authorized for the Police Department, for an in-
definite period of time. Carried unanimously.
9. CODE OF ETHICS
Councilman Welsh presented to the Council copies of
a proposed Code of Ethics for municipal officials
and employees, and suggested that such a code be
adopted by the City.
Following discussion, it was moved by Miller,
seconded by Welsh that the City Attorney and staf'f
research the subject of codes-of ethics and prepare
a report and draft of code, to be presented to the
City Council at the second regular meeting in-
January, 1973. Carried unanimously.
Clty Council Minu~es
12/4/72 Page 11
10. ZONING AND DENSITY
[ouncilman Saltarelli stated that the City's zoning
regulations allow greater densities for some types
of zoning than the County does for comparable zoning,
and suggested exploring the possibility of changing
allowable densities in the Zoning Ordinance.
Mr. FleagIe stated that in most instances, the City's
Ordinance is more restrictive as related to density.
He added that the Planning Commission has been con-
ducting workshops to revise .the Land Use Element of
the General Plan, and it is intended to rewrite the
Zoning Ordinance based on population density rather
than dwelling unit density, so that the character
of the zoning will be accurately reflected.
11. MCCALLA PROPERTY
Councilman Saltarelli reported that in recent dis-
cussion with the McCallas, they indicated a willing-
ness to negotiate after the first of the year about
City acquisition of their property for park purposes.
12. NARCOTICS PROBLEM
Councilman Langley requested a report from the Police
Chief on programs to curb narcotics activity in schools.
The ~ayor suggested scheduling a meeting with the
Police Chief in the near future.
13. LIGHTING IN CENTENNIAL PARK
Councilman Langley requested that staff investigate
Inoperative lighting along the Brookshire entrance
to Centennial Park.
14. YOUTH COMMITTEE
~ounci!men Welsh and Langlel reported on the first
meeting of the Youth Committee, authorized at the
last Council meeting to solve problems in the area
of the North Tustin parkette. A meeting will be
held on December 14, 1972, which will include
adults in the area and parents of the youth in-
volved. It was requested that a Police Officer
be invited to that meeting to explain laws and
procedures to the young people.
XIV.
ADJOURNMENT Moved by Saltarelli, seconded by Welsh that the
~eeting be adjourned to a Regular Adjourned Meeting
on Tuesday, December 19, 1977, to canvass election
returns, seat new Councilman, and conduct all other
business. Carried unanimously. (10:56 p.m.)
MAYOR
CITY CLERK