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HomeMy WebLinkAboutCC MINUTES 1969 03 17 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL March 17, 1969 CALL TO Meeting called to order at 7:30 P.M. by Mayor Coco. ORDER IL PLEDGE OF Led by Mayor Coco. ALLEGIANCE III. INVOCATION Given by Councilman Marsters. IV. ROLL Present: Councilmen: Coco, Mack, Klingelhofer, Marsters CALL Absent: Councilmen: Miller Others Present: City Administrator Harry Gill City Attorney James Rourke City Clerk Ruth Poe Planning Director James Supinger APPROVAL ' Moved by Klingelhofer~ seconded by Mack that m~nutes of March OF MINUTES 3~ 1969 meeting be approved. Carried. VI. PUBLIC 1. APPEAL - UP-69-285 HEARINGS An.appeal of the decision of the Tustin Planning Commission de~ying application of Cohen, Oster and Millard on behalf of Ma~y ~roomell for a use permit (UP-69-285) to permit a drive-in restaurant (J ck In The Box) in the PC-C-2 (Planned Co~munity-C~ntral .Commercial) District. Subject property fronts 165' on the'north side of 17th Street and 150' on the west side of Yorba Street at the northwest corner of the intersection of 17th and Yorha Streets. Hearing opened at 7:32 P.M. 'Mr. snpinger explained location and presented Planning Commission denial after public hearing held February 24, 1969. ~r. Robert Harvey,representing Foodm~ker Incorporated,stated that the C-2 zoning had been approved and a Jack-In-The-Box is a per- mitted use with a Use Permit which would indicate conditions under which it can be developed in this zone. Foodmaker Inc. has stated willingness to conform to conditions I, 3, 4 and 5 as set forth by the staff but object to condition number 2 to re-orient the building to face Yorba Street. It is important to identify the huslness and that visibility not be hampered and that the attractive part face the main highway. If re-oriented-the esthetic value would be lost and it wou%d create an economic hardship. As to traffic problems, their peak business hours do not conflict with peak traffic hours. Mr. Felix Barsanti, 13772 Palace Way, stated that property owners in the area, especially the 350 on petition, oppose this type of business. There are approximately 6 establishments in the area where hamburgers can be purchased and they are opposed to another hamburger stand. There being no further comments or objections, the hearing was declared closed at 7:40 P.M. Council Minutes 3/17/69 Pg. 2 In answer to questioning by Councilman Mars~ers, Mr. Supinger stated that the County did reconnnend against the original zoning and now recommend care to see that development is compatible with the existing development. Councilman Marsters stated he felt this to be an obnoxious use and is concerned with traffic hazards. He'felt it to be an abortion to have this in the gateway to a fine residential district. ~oved ~y Marsters that in the matter of UP69-28J_the PlarilfLng Commission decision be ~Dhel~. Motion died for lack of second. In answer to questioning by the Council, Mr. Harvey stated that if the building is re-.oriented to face Yorba Street, the cars moving through the hand-out line would be the view from 17th Street and they could not redesign for a more esthetic view from 17th Street. There is a 70" setback on 17th Street and this is one of the largest lots they have developed with ample room for parking. One drive out on 17th Street would create a problem with cars going and coming from one drive. Mr. Harvey said they had met with Mr. Heinz of Ralphs Market and ~r. Heinz had looked favorably at removing fence between their properties. ~r. Gill stated that part of'tim recon~nendations was for single drive from 17th Street but with re-orientation of building. Traffic will be entering on 17th Str~?t from both directions as the present street width does not permit a center divider of any type. - Councilman Klknfzelhofer istated he did not feel there is a demon- strated hazard ~s y~t and conditions will get better if center island is developed in, the future. Moved by KlinZelhofer~ seconded by Mack .that UP69-285 be approved subject to conditions 1, 3, 4 and 5 as stipulated at Planning Commission hearing of February 24, 1969. Carried by roll call. Ayes: Klingelhofer, Mack, Coco. Noes: Marsters. Absent: Miller. Recommended conditions of approval are: 1. Approval and recordation of a Parcel Map separating the -- commercial and multiple family residential developments. 2. Re-orientation of the building and on-site circulation t~ard Yorba Street to the satisfaction of the Architectural Committee. 3. Approval of Plot Plan, Elevations and Landscaping Plan by the Architectural Committee. 4. Provision of a minimum of nineteen (19) on-site parking spaces with'minimum striped dimensions of 9' x 20' to City Standards. 5. Construction of a 6'8" solid masonry ,all along the northerly property line. 2. ORDINANCE NO. 429 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. Council Minutes 3/17/69 Pg. 3 Hearing opened at 8:04 P.M. There being no comnents or objections, the hearing was declared closed. Moved by Mack~ seconded by Marsters that Ordinance No. 429, amending the City Code relative to Building Regulations and adopting the 1967 Uniform Building Code and 1967 Uniform Mechanical Code, have .first reading by title only. Carried unanimously. VII. OLD 1. RESOLUTION NO. 960 BUSINESS A RESOLUTION DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF TUSTtN TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN, AND DESIGNATED AS "RED HILL AVENUE - MITCHELL AVENUE NORTH ANNEXATION" TO THE CITY. OF TUSTIN, AND GIVING NOTICE OF THE PROPOSED ANNEXATiON, Property consists of 15.67 acres located on northwest corner of Red Hill and Mitchell Avenues.. Moved by Mack, seconded By Klingelhofer that Resolution No. 960 'be read by title only. Carried unanimously. .Moved by Klingelhofer~. seconded by Mack that Resolution No. 960, initiating proceedings on the Red Hill'Avenue - Mitchell Avenue' North Annexation, be p.assed and adop. ted. Carried unanimously. 2. .ORDINANC~ NO. 430 AN ORDINANCE OF THE CITY OF TUSTIN CALIFORNIA REZONING PROPERTY ON APPLICATION ZC-69-189 OF PAUL B. THEAT. Rezoning property fronting 480 feet on the southeast side of Newport Avenue, approximately 700 feet southwest of the centerline of Sycamore Avenue from PM (Planned Industrial) and M (Industrial) Districts to R-3-1750 (Multiple Residential, 1750 sq. ft. of lot area per dwelling unit) District. · -'.Moved by Ma~sters~ seconded by Kl~ngelhofer that Ordinance No. 430 have second readin~ by title only. ~arried unanimously. ~Moved by Mack~ seconded by Marsters that Ordinance No. 430~ rezoning property on application ZC 69-189 o£ Paul B. Treat, be passed and .a..dopted. Carried by roll call. Ayes: Coco, Mack, Klingelhofer, Marsters. Noes: None. Absent: Miller. 3. LATEST DRAFT OF SIGN ORDINANCE - DATED MARCH 1969 C__ouncilman Mack suggested that copies be distributed to the Chamber of Commerce and Planning Commissioners to be considered at the next meeting to go to Public Hearing~ from then on. .M.ayor Coco felt that more emphasis should be given to the Develop- ment Preview Committee. Section 6 of page 28 should be set forth on page 3 with amplification as to what the board is, powers, goals, how constituted, etc. It was the feeling of the Council that the Preview Board is the heart 'of the new approach and should be set forth early in the Ordinance and incorporated therein. This way the revised Ord- inance would be in proper perspective. Action on this matter delayed pending direction after the Council- Planning Con~nission Workshop. Council Minutes 3/17/69 Pg. 4 VIII. NEW 1. POPULATION ESTIMATE AGREEMENT - STATE OF CALIFORNIA BUSIneSS Moved by Marsters~ secopded bY Mack that the rayor and City Clerk be authorized to execute the agreement ~ith the State pepartment of Finance for a population estimate. Carried. 2. SEWER EASEMENT REQUEST - COLDWELL, BANKER & CO. FOR PAUL TREAT DEVELOPMENT Moved by Mack,. seconded. by K.l.inge_!lh~r that the Mayor and City Clerk be authorized and directed to execute documents evidencing permission by the City of Tustin to Paul Treat to constructs_install and maintain a sanitar~ sewer in that portion of the hereinafter described property which lies within the property o~med by the City of Tustin; All that certain land situated in the State of California, County of Orange, City of Tustin, described as follows: An easement for sewer purposes over the northeasterly 15.00 feet of the southwesterly 130.00 feet of the southeasterly 230.00 feet of Lot 64 and over the northeasterly 15.00 feet of the southwesterly 130.00 feet of Lot 63, Block 1~ of Irvine's Subdivision, as shox, n~ on a Map thereof recorded in Book 1, Page 88 of Miscellaneous Maps, records of said Orange County, California. Carried. 3. FINAL MAP OF TRACT NO. 6749 - for approval Tract located on'ngr[h ~ide of Walnut Avenue, approximately 600 feet west of Bro~aing Avenue. Moved by'MarsterS~, ~econded by Ktingelhofe__r that fipal Tract No. 6749 be'~pproved and the Mayor and City Clerk authorized to execute the necessary documents. Carried. 4. APPROVAL OF DEMANDS Councilman Mack asked for clarification on the point of expense ........ ~verage in regard to conferences artended by Commissioners, Staff, etc. It was the consensus of the Council that an allowance be made of a 10% overage plus Registration fees. Moved by Mapk~ seconded by Marsters that demands in the amount of $44~336o33 be approved and paid. Carried. IXo OTHER Following Reports and Correspondence Received, BUSINESS 1. Spring meeting, City Managers' Conference - Harry Gill. 2.Comparison of Existing Land Use vs. Sources of City Revenue - Harry Gill. 3.Commissioners riding with City Police Units ~ James Rourke. 4. League of California Legislative Bulletins - Mr. Gill spoke regarding legislation relative to Policemen & Firemen retire-, ment- A3374 and Business License Taxes Prohibited A3240. Mr. Gill stated this should be of concern to the Council as it is statewide rather than local control. The Council felt that all proposed legislation should be studied and letters sent to the State plus oral discussion by Mayor Coco while in Sacramento at the Mayors' Conference. The Council appointed Mayor Coco as spokesman for the City in Council Minutes 3/17/69 Pgo 5 quick turnaround State Legislative situations and to contact the Council for opinions when possible. ~ayor Coco directed that a letter be sent to the State at this time in support of the repeal of State Painting Standards as requested by Mro Rex Waldo, Chief Building InSpector° " 5. Report of International Association. of Plumbing and Mechanical Officials - John Coffey. 6. Report of California Chapter of IoCoBoOo meeting - Rex Waldo. 7. Building Department Activity Stunmary. 8. Letters of protest relative to expansion of Orange County Airport. Mr. and Mrs. C. J. Gardner Mrs. P. Stone Mr. and Mrs. D. Dilks Mr. and Mrs° D. Bliss Mr. and Mrs. R. E. Hendries 9. Letter commending Public Works personnel - Mr. and Mrs. F. Schamnburg. 10. Letter commending Planning Director - C. Engle, Valtec Corp. 11. Minutes of General Meeting, Orange County'Division, Leagu~ of California Cities. 12. Correspondence re - Organizational Guidelines for Regional Advisory Boards & Task Forces - Orange Couuty Division of League. 13. Resolution No. 1].7 requesting full time staff for Local ' Agency Formation-Commission - City of Yorba Linda. ~.. 14. Resolution No. 3116 opposing dissolution of Harbor District - City-of Orange° 15. Resolution No. 2937 supporting SB 285 - City of Huntington Beach.' ~ '1 16. City bf Hous'ton's Method of Land Control, ~ouncilman Mack reminded those present of the Narcotics Meeting to be held at Foothill High School, March 27th at 7:30 P.M. .Mayor Coco read proclamation commending the Tustin Chamber of Commerce for their service to the community and presented said proclamation to Chamber President Con Adams. Mr. Gill introduced Mr. Stan Wulf~ reporter for the Register. X. ADJOURN- ~oved by Mack~ seconded by Klingelhofer that meeting be adjourned MENT to a personnel session. Carried, ' C~Y CLEPJK ~