Loading...
HomeMy WebLinkAboutCC MINUTES 1969 04 07 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL April 7, 1969 CALL TO Meeting called to order at 7:32 P.M. by Mayor Coco. ORDER i~I' PLEDGE OF Led by Mayor C~co. ALLEGIANCE Ill, INVOCATION Given by Councilman Klingelhofer. IV. ROLL Present: Councilmen: Coco, Mack, Klingelhofer, Miller, Marsters CALL Absent: Councilmen: None Others Present: City Administrator Harry E. Gill City Attorney James G. Rourke City Clerk Ruth C. Poe Planning Director James L. Supinger APPROVAL OF ~oved by Macl_!~ s%cpnded bM Marsters that R.iputes of March 17, MINUTES 3969 meeting be app~oved. Carried, VI. PUBLIC r. zc 69-191 HEARINGS Application of Tustin Properties on behalf of Frank P. Borehard Ranches for rezoning (ZC 69-191) of a parcel totalling approximately 34 acres from the M (Industrial) District to the following: a.) PC (Planned Community - Singl~ Family Residential - 6.1 d.u./acre) 28 acres. b.) PC (Planned Community - Multiple Residential - 14 d.u./acre) 3 acres. c.) PC (Planned Cormnunity - Comnerclal including two (2) service stations and convenience shopping) 3 acres. (Specific plans are on file in the Planning Department) Site fronts approximately 1245 ft. on the southeast side of Red Hill Avenue and approximately 1292 ft. on the southwest side of the AT & SF Railroad a~ the intersection of Red Hill Avenue and Edinger. Property is bounded on the southeast and southwest sides by the Marine Corps Air Facility. ~r. Supine~explained location and presented Planning Commission reconunendation for denial of this zone change. " Hearing opened at 7:35 P.M. Mr. Bruce Wallace of th~ law firm of Rutan and Tucker, representing the applicant, submitted a letter concerning the basic factors as to why this zone change would be in the best interest of the City. Mr. Wallace stated that this is basically an isolated 33 acre Industrial parcel with the Marine Air Facility to the s6uth and east, the Tustin Meadows development to the northwest and R~d Hill Avenue to. the west. This zone change will provide additional tax revenue to the City with in~nediate development. This development constitutes 33 acres and would change approx- imately 1.56% of industrial acreage to residential. In comparing Council Minutes 4/7/69 Pg. 2 the tax revenue from residential development on this property to the industrial property of Mullin L~nber, Mr. Wallace said he did not think the City would make a great deal more but would not lose anything. With regard to the prox~nity of the rail- road he felt that the strip north of Edinger would be a buffer zone for any effects of the railroad to the residents. Wallace stated that if this application is approved they would request it be contingent on changes of Air Facility flight pattern. This had been discussed with Colonel Huntington's staff and he felt that a possible solution could be worked out. M_~o__r Coco presented a sunmary of letters received from Colonel Huntington, Commanding Officer of Marine Corps Air Facility, and from the Atchison, Topeka anti Santa Fe Railroad Company, objecting to this zone change. Mr. McCpp~, Broker handling the purchase transaction, submitted an article from the Los Ange-les Times regarding a potential 7,446 acre residential development located in County territory and bounded generally by the Santa Ana Freeway, San Diego Freeway, Sand Canyon Road and the Marine Co~pa Air Facility. He asked the Council for the sa~e consideration. There is now 26 acres of industrial in the Irvine Complex to the south, plus that of the Santa Fe property. He felt it could be 20 or 30 years before industrial is on the land n~ zoned industrial in the City and he felt that if this zone change is denied, the property ox,~ers would be denied their right of full use of their property. Mr. Robert Ga~o~_, 504 N. Newport Boulevard, Newport Beach~ Engineer, covered the following points: 1.) This rezoning conflicts with the General Plan but a General Plan is to control but must be flexible. This 33 acres is pretty isolated and basically is spot zoning as industrial and would be compatible with the residential to the north. 2.) Price of land is a factor. The o~.mer has tried to sell for some time and denying this use -. with a developer ready t9 develop - would be denying this man use of his property. 3,) As to prox~nity of tracks to the north, this does not seem to be a factor with banks or lending agencies, Response has been good to the type of project proposed with short cul-de-sacs and a lot of green area and shrubbery, and a density slightly less than Tustin Meadows. The City Planning staff liked the concept and this could be tied in with a precise.plan. 4.) With regard to flight patterns, he had met with Colonel Huntington and now with development to the northeast and southeast perhaps there will be some re-analysis of the flight pattern and some consideration given to this development. 'Mr. Leo_n~d_Brunswick, South Laguna, Architect, stated that there had been no argument as to the architecture. Many people to the north would rather see residences than factory buildings. The community needs housing - this will be good housing. A balance must be kept between the Master Plan and individual property o~ners' rights. Mr. E.. L. Benson of Benson Reglty~ 17tb Street, Santa Ana, speaking for Union Oil Company, stated they were pleased with the proposed project and looked forward to the installation of a service station at the northeast corner of this developmsnt. Council Minutes 4/7/69 Pg. B Mr. M. Johnson, developer, stated he felt all facts had been covered and he would not be opposed to zone change being granted on the contingency of a change of flight pattern bY the Air Facility. Colonel Ken Hunting_~__n, Cor~nandingOfficer of Marine Corps Air Facility, stated that he and Majo~ Goldsborough and the staff had taken the flight pattern under consideration and could not see how any change could be made. He had seen projects go up around this base and Mile Square but had yet to see developer, salesmen, or architects when complaints came in about the noise. Colonel Huntington stated he wanted -to put the home owners on notice that they have objected so that when complaints come in, they can tell the residents to check City records. The basic concern is to put ox.zaers on notice they are there and are noisy. M__r.. Wallace, in recapping, ~tated that ~ portion of the Air Facility is now developed for people living on base. This property is logically residential and is not reducing industrial significantly. Objectionsto flight pattern ~hould net be significant and pattern can be solved. The'Santa Fe objection is not a legitimate one. The General Plan should be flexible and to deny this application is to deny development of this property. There being no further conm~ents or objections, the hearing was declared closed at 8:26 P.M. In answer to questioning by Councilman Mack~ Colonel Huntin_f~o__n stated that the existing housing opposite therein Gate is temporary. This housing is substandard and contingent on allocations for housing this will be relocated on the other side of the base° The Colonel stated that he lives at the north end of the base and that the railroad is noisy, but that he is what could be considered a captive resident and by choice would find a quieter location. Councilman Klin~lhofer. stated it is true that the City has a General Plan and have made some small changes. Now in the process on contract to complete an enonomic survey which hopefully will answer some of these questions.- The change to residential at this time could be hasty° He is concerned with 6he tax base and the schools. The City is not in a position to act until additional steps toward the planning study through the economic survey are made. Councilman Marsters stated he agrees with Councilman Klingelhofer as to the economic study. Mr. Marsters said he is not sold on the feasibility of industrial but hesitates to change at this point in time. ~o~pcilman Mack pointed out that in the Lo~ Angeles Times article one paragraph read, "Development in the vicinity of airfields will be designed and constructed to eliminate potentially hazardous conditions and to reduce noise of aircraft." Mayor CocR stated that the Council has all factors before them.' At the present .time, the City is close to finding out the economic uses of land. There is a great amount of res- idential and he is hesitant to let go the present industrial. Council Minutes 4/7/69 Pg. 4 ~oved by Mille.r~ sec__o~pde~ bM Mack that Zone Change Application ZC 69-191 of Tustin Properties be denied. Carried unanimously. Councilman Miller stated he wanted to make it clear that this denial was not on the quality of the development but the use. The development appears excellent. 2. ZC 69-192 Application of Thomas Berneta for rezoning (ZC 69-].92) of a 0.67 acre parcel from the C-1 (Retail Co~nercial) District to the C-2 (Central Cora~.ercial) District. Site fronts approximately 207 ft. on the north side of First Street approximately 350 ft. east of the centerllne of Prospect Avenue. Mr. Sup~e~explained location, proposed uses on this property, uses and zoning of the surrounding area, and presented the unanimous recommendation of the Planning Commission for approval. Hearing opened at 8:40 P.M. ' Mr, D_onP.Jon___e_s_, Balboa, representing the applicant, stated he had seen the reports from the Planning Co.nr~ission and would be available for any questions. There being no objections or further questions, the hearing was declared closed at 8:41 P.M. 'in answer to questioning by the Council, M~. Su~l stated that his recomnendation for approval was based purely on zoning, not on this use which would be permitted in a C-2 District subject to securing a Use Permit. A Use Permit for a Take-Out Restaurant has been approved. M__r.. ~pineF~Zthen read the list of permitted uses in a C-2 zone. This property is all under one o~nership, If there was a sale, s parcel map would have to be filed. Pre- fixes can be put on any zoning such as C-2-P-10,000. Counci'lman Miller stated that he is concerned with small single units with'prolific pole signs. Also that there seems to be a boom for take-out and drive-through food establishments which could become a problem. Councilman Marsters stated that he,. foo, is concerned with this trend and concerned with the granting of a Use Permit for a drive-through establishment. This should not be permitted in a prime downtown area. ~pyor Coco said he is concerned with prolific pole signs and asked if there is any way to anticipate this parcel splitting. In answer to further questioning, Mr. SuRi~ger stated that the entire parcel is up for.C-2 zoning, The way the Ordinance stands if it were under separate ovaership ~th no common parking or building, there could be a pole sign for each building. Under the proposed Sign Ordinance, a complex, · even if zoned properly, would not prevent the issuance of permits for t~o drive-in establishments. The only solution would'be an amendment of the Ordinance to eliminate these uses or put restrictions on them. Council Minutes 4/7/69 Pg. 5 Councilman Miller voiced his concern with traffic problems and asked if it is the usual thing to have more curb cuts for drive-through establishments. Also concerned with the fact " that this will develop First Street on the north and leave -' one lane'on the south. .M.r. Suping.e__r said it is not usual that drive-through establish- ments require more curb cuts. There ks a possibility of higher concentration of peak traffic hours - not necessarily greater volume of traffic or need for more curb cuts. On the 1~se Permit granted for Take-Out Restaurant, one requirement was that street improvements be put in for the entire parcel. Mr. Gill stated that the remainder of the street on the south to Prospect Avenue will be improved in the near future with the Post Office construction and the Office Building. Moved by M___ack~.seconded by_ K, lin~e_!hofer that Zone Ch.an~-e69-192 be a_~p!qved~ and the City Attorney dir~[cted to draft the necessary Ordinance for reading at the next regular meeting. Councilman Miller stated he is basically opi~o~ed to permitting drive-through establisl~nents in the C-.2 zone, He felt they ~ would be sorry when they see these in the to~n center area in the future. .M.ayor_ ~pc_o asked that the feelings of the Council be transmitted " to the Planning Conznission. Above motion to approve this zone change carried, Councilmen Miller and Marsters voting no. M_~y_or Coco called a 5 minute recess. Meeting reconvened at 9:05 P.M. VII. OlD 1. ORDINANCE N0. 429 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO BUILDING REGULATIONS AND ADOPTING THE 1967 UNIFORM BUILDING CODE AND 1967 UNIFORM MECHANICAL CODE. Mr. Gill explained tha~ a Code provision requiring AoP.CoDo approval for cormmercial incinerators is not necessary as the need of A.PoC.D. approval takes precedent and is necessary before the granting of a building permit. _Moved by Marsters~ seconded by Klingelhofer that Ordinance N.o. 429 have second .readi~ b~ tf[f~ onYy.' Carried unanimously. _Moved by Mack~ sec_o_~ded bj~Marsters that Ordinance No. 429~. relative to Building Regulations and adopting the 1967 Uniform Building and Uniform Mechanical Codes, be passed and adopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Miller, Marsters. Noes: None. Absent: None. 2. RESOLUTION NO. 98~9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING LEGISLATION REPEALING PORTIONS OF THE HEALTH AND SAFETY CODE WHICH ARE UNWORKABLE AND WHICN CONSTITUTE A PRE-EMPTION OF LOCAL AUTHORITY. Council Minutes 4/7/69 Pg. 6 Movel__by ~iill_e!, secqn__d~d by KlingelhofJ!.that Resolution No. 989 be read Dy. title only. Carried unan~nously. Moved by_Mack, s~_conded by ~tinEelhofer that ~esolution .. No. 984, reco~ending legislation repealing portions of the Health and Safety Code, be passed and gdopted.. Carried unanimously. 3. RESOLUTION N0. 988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON APPLICATION NO. UP 69-285 OF MARY BROOMELL. Moved b~.Ma___ck__~..s~cond~. bK_l_!!L_nel~that Resolution No. 988 be read by title only. Carried unanimously. Moved by Klin&e~ho~er~ _, s_ec_~_dad ~L~ackthat R~solutioj!_N_o~ ~88, granting a conditional Use Permit on application No. ~P 69-285 of Ma~y Broomell be passed and Councilman Marsters reiterated his positio~ on this matter and stated his concern as x~ell as the concern voiced hy the County. Mr. Marsters stated he felt ~his to be a poor use of this property and that he is concerned x,~ith driveways, traffic flow, signs, etc. Councilman Miller asked that the record show that he agreed with~u~Iarsters. Above motion carried~ Councilmen Miller and Marsters voting no. 4. AWARD OF CONTRACT - FIRST STREET CENTER ISLAND Moved ~y Mil~er, s_~conded, ~% Mack that co__nty~ct for construction of First Street Center Island be awarded to D. C. Muralt ~omap~, the lox~ bidder. Carried. VIII. NEW 1. EXONERATION OF IMPROVEMENT BONDS TRACT 6536 BUSINESS Moved bX Marster_~s__sp~onded bZMack that _improvements in Tract 653~be ~c__cepted~.and pertinent po~ be ~Konera_ted. Carried. 2. RESOLUTION NO. 990 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPOINTING REPRESENTATIVES TO THE LOCAL AGENCY FOUNDATION COMMISSION. Moved bI MilleV_~ ~econded,b_l~ck that Resolution No. 990 be read by title onlZ. Carried unanimously. Moved by__Mi___ller~__t~,econded ~I_Klipge~hofe.~rthat Resolution No. 99__0, appointing representatives to the Local Agency Formation Commission be ~assed and adopte~d. Carried n~an~ously. 3. APPROVAL OF DEMANDS It was noted that the demands include $150,000 final payment for Civic Center property. Council Minutes 4/7/69 Pg. 7 Mo__y~d by Miller~_s_econded. b_3_Mack that densands in the amount of $204,623.63 b_} aDDroved and p~f. ~arried. OTHER 1. REQUEST FOR EXEMPTION FROM FRE ZONE I REQUIREMENTS BUSINESS FOR OFFICE BUILDING PLANNED FOR CONSTRUCTION AT SOUTHEAST CORER OF MAIN AND EL CAMINO REAL - JOHN ROACH Fire Zone or Fire Limits report received from Chief M. Hilton which noted in part that fire limits should be extended. Report als~ noted that the Pacific Fire Rating Bureau recommends that the Fire Zone No. 1 Limits be extended to include all c.losely built commercial districts, including buffer blocks or part blocks and to 'areas that indicate a trend toward cc~mercial development. Mr. Gill explained that this would effect our fire rating and that it is the staff's recon~endation to require an extension of limits which they do net feel would be a hindrance. In answer to questioning by Councilman Marstars, Mr. Roach stated that complying with Fire Zone 1 requ~_rements would up construction costs about 20%. In the beginning he had - not been familiar with the fire zones or the increased costs and compliance would economically damage their project. Mr. Roach did not feel the necessity considering his type of operation especially in this location where the City needs ,,, redevelopment badly. M_~ayor Coco felt that the City shoul~ look to the future of the downtown area fire zones to protect surrounding uses. Some of the older buildings will be replaced but can expect new developments to last a good many years. Mr. Roach stated he could see the requirement for shopping centers and high density developments but did not feel that his development is in the same position. Mr.__~. Gill stated he would like time to spell out all that would be required and come back to the Council with a complete report plus an Ordinance for proposed Zone Changes. After further discussion by the Council concerning protection of adjacent future developments, a request for a report on buildings and zoning in other areas. of the City was made. .Mayor Coc~ directed that this matter be continued pending a full report at the next regular meeting. Cou__p.cilman Klinf~elhofer asked that the City contact Mr. Roach for further study and discussion. _, 2. COMPUTER CENTER REPORT Councilman Miller comended Mr, Btankenship for this excellent report. Mr. Miller stated he was in favor of City cooperation. Mutual ai~ and joint purchasing trends maI~e City gover~m~ent mo~e economical and cities still retain control. Moved by_Mack~ seconded bT_~Marsters that the City enter into .Phase. I of Co_q_q~uter St.u~.lL at a cos~ of $120.00. Carried. Council Minutes 4/7/69 Pg. 8 3, TNT COMMITTEE MINUTES Mayor Coco asked that minutes of this Committee reflect those absent as well as those present, 4, A, B, 330 RELATIVE TO ANNEXATIONS Mr, Gill reported that this bill woul~ provide that either ~ of the privately ox.med land or ~ of the publicly ox~aed land could.protest out an annexation, The League of California Cities and the Annexation Conk~ittee of the League is concerned with the reverse of annexation matters, Mr, Gill recommended _that the City convey to Assembl~-nan Badha~ add Cozmnittee members the City's opposition to this bill, Councilmen Mack and Miller suggested that telegrams be sent to above and surrounding cities be notified of this action and asked to do the same, M_.ayor ~oc__.o_ to contact Assemblenan Badham directly. Moved ~%_~i~ler_~ seconded .b_M' Mack that the ~ouncil go on record as o_p. posi~ A. B. 330 and that Assemblyman Badham and the Committee members be so notified, Carried, 5, ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES PROPOSED RESOLUTIONS 1,) Airport Land Use Commission, The Council felt that more representation should be given to cities, ~o representatives from the County and 2 from the Airport would constitute 4 County representatives, 2,) Island Annexation, The Council felt that the inclusion of paragraph 2 of this Resolution calling for con- currence of the ~unicipalltymakes it acceptable to cities, 3,) Local Agency Formation Commission Staffing, The Council had previously gone on record approving this staffing, Moved b_y__Mac~k__seconded by Mille~ that Le__~Jue Resolutions regarding Island Annexation and L.AoF.C. staffing be a_jZprove~ and Resolution regarding Airport Land Use Coxm~ission be approved subject to the change of Conunission composition to - 3 representing cities, 2 representing County, 1 representing the Airport, and 1 representing the general public. Motion carried. Following Correspondence and Reports received: 1.) City Personnel Activity Register. 2.) City Out~Of-Tox.m Travel Register. 3.) TNT Conmittee Attendance Record. _ 4.) Minutes of March 28, 1969 TNT Cormnittee Meeting. 5.) Trip report on Recreation Conference - Ro B. Edgar. Counc~lm~. an Kl_~n~plhofer felt that as the impression of most'of the Conm~issioners attending this Conference was that it was geared more for professional Recreation 'personnel, perhaps this should be evaluated before the next Conference. 6.) Correspondence re revised signing on the Newport Freeway due tostreet name change from Fourth to Irvine Boulevard James Bell, Division of Highways. Oouncil Minutes 4/7/69 Pg. 9 7.) Corinendation Officer McDonald and Fireman Geotting - Dr. T. Lonergan. 8.) Co~nendation Tustin Police Department - Kenneth O. Fleeget, .-~ Gulf Oil Corporation~ Security Department. .. 9.) Letter of Appreciation to Tustin Police Department for work on the Narcotics Abuse Program - Chamber of Corcalerce. M._a. Tqr ~_oc__~odirected that all letters of con~endation and appreciation be acknowledged. 10.) Letters of objection regarding extension of Orange County Airport - R. Cameron and Mrs. Marks Jr. Ma~,F ~oc___o_ said that the City has gone on record with the Board of Supervisors opposing said expansion. 11.) Resolution of Orange County League of Cities supporting legislation for increase in twenty-cent tax limit of Orange County Flood Control District. 12.) Resolution urging i~ediate steps regarding construction of Flood Control projects - City of Fountain Valley. 13.) Resolution urging tenSeant tax increase for Flood Control District - City of Buena Park. The Council requested more information on this Flood Control District tax matter before taking any action. 14.) Resolution re need for Branch Superio~ Courts in North Orange County - City of Buena Park. 15.) Assembly Bill 23 - Newport Beach Resolution. The City Attorney was directed to draft a Resolution for the next Council meeting reiterating the City~s stand on __ extension of the Broken Act. 16.) Resolutions - City of Stanton - opposing off-.shore oil drilling and urging support of S. B. 285. 17.) Resolution - Civil Defense and Disaster Relief Plan - Emergency Fire Services - City of Orange. 18.) Building Department Activity Summary. 19.) League of California Cities - Legislative Bulletins. 20.) Second Digests of 1969 Assembly Bills and Senate Bills. 21.) Letter of appreciation for Council support and Statement of Plans and Policies - S. I. Nayakawa~ Acting President, San Francisco State College. 22.') Minutes of March 27~ 1969 meeting - Orange County Division, League of California Cities. X. ADJOURNMENT- Moved ~y Mack~ seconded bM Marsters that meetfn~ be adjourned. Carried. ' ' ' ~YOR C ~ CLERK