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 ~