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HomeMy WebLinkAboutCC MINUTES 1967 05 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL May 15, 1967 I. CALL TO Meeting called to order at 7:35 by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack ALLEGIANCE II. ROLL Present: Councilmen: Mack, Klingelhofer, Coco, Miller CALL Absent: Councilmen: Ring Others Present: City Administrator Harry E. Gill City Attorney James G. Rourke City Clerk Ruth C. Poe Planning Director James Supinger IV. APPROVAL OF MINUTES V. PUBLIC 1. ZC 67.153 - KAL-SOUTH DEVELOPMEMT CORP. HEARINGS Application to re-classify approximately 7.52 acres from PD (Planned Development) District to PD-2700 (2700 Square feet of lot area per dwelling unit). Site fronts 663 feet on the East side of Williams St., approx. 1330 feet North McFadden Ave. Hearing opened at 7:36 P.M. Mr. Supinger presented staff reportland the recommendations of 'the Planning COmmission that this ZC be approved for'the following reasons. -. 1. The proposed rezoning conforms to the Tustin Area General Plan relative to land use and proposed a considerably lower density than is suggested by the Plan. 2. The density of the proposed development is comparable to the density of other projects in the area. 3. Vacancy rates in the area are vary low. 4. As additional grounds, the minutes and evidence inuroduced at the April l0 and April 24 Planning Commission meetings are included and made a part of the motion. Mr. Erwin Uinesuff, Secretary Treasurer for Kal-South Development Corp. spoke on behalf of the applicant. Mr. Uinesuff stated this proposed project consisting of ll9 units in a garden complex, located on Williams St. between McFadden and Main St. proposes just over 16 units per acre. According to the City General Plan this could be as much as 30+ units per acre. Project is wholly contained as far as recreation and parking, and green areas to meeu city requirements. Charles Greenwood, 366 E. First St. Tustin stated that he felt the staff report thoroughly explained the project but that he would be glad to answer any of the Council's questions. There being no protests or further comments the hearing was declared closed at 7:40 P.M. Council Minutes Page 2 Hearings continued 5/15/67 Councilman Hiller commented on the fact that a few years ago there was a controversy over apartment developments because there was no General Plan and people said when such plan was adopted they would go along with it. This is in accordance with the General Plan. And this development, if zone is approved, will come up for a Use PerLuit. Moved by Hiller, seconded by Klingelhofer that the zoning be adopted as recommended by the Planning Commission. Hotion carried unanimously. 2. VARIANCE 67 - 183 UNITED CALIFORNIA, BANK - APPEAL Appeal of the decision of ~he Tustin Planning Commission denying Variance IIo. 67-183 of United California Bank to permit the erection of a pole sign in addition to the existing sign identifying a c.ommercla! complex. Proposed sign Hould be double sided, 8' X 24, and have a height of 34'. Site location is on the South side of Fourth St. at the intersection of Fourth & Irvine Blvd. Staff report presented by Hr. Supinger. Mr. Lee Hasenjeager Vice President of United California Bank spoke on behalf of applicant stating that rules, if good rules and regulations, should not be so inflexible that exceptions cannot be made when they appear to be justified and he felt this to be such a situation for the following reasons. Only objection that has been made has been by competitor. 2. Property owners of the Center are urging that this variance be granted. 3. No one else in area has raised any objections. Mr. Hasenjeager introduced members of UCB Staff: Hr. John Greenwood, Bob Meyer, and Don Sinclair. Hr. Don Sinclair Vice President of UCB, Los Angeles stated that UCB is asking to construct a tower sign although one exists in the complex. Feel definite need for this type of sign as 3 other Tustin Banks have.tower signs~ There being no objections or further comments the hearing was declared cIosed at 7:48 P.II. In answer to questioning by Coucilman Coco, Mr. Sinclair stated that he and the architect had spent some time with Hr. Supinger at the early stages of the development and that they were aware of the sign requirements but thouglUt they could go along and adhere to the code, but the architect in his efforts to give a very handsome building was unable to design the building to accommodate any signs directly on the building. Councilman Klingelhofer mentioned that if every business in this particular Center would wish to have the privilege that UCB is asking - if you have it why not every one sort of thing - the aesthetics might be more adversely off acted. Perhaps the whole Center 'might be adversely effected. Mr. Sinclair stated that most retail stores have similar signs, but of the Banks in the City, they all have to~.~er signs in addition to any Center sign., UCB is asking for this sign so as to be competitive with other Danks. Councilman Coco asked iir. Sinclair if he felt that the UCB si getting a sl~0rter shrift than other banks under this Sign OMits%co.. There are no other banks under the sign ordinance that have anymore of a privilege than UCB is asking for. Council iiinutes Hearings continued Pg- 3 5/15/6 7 Mr. Sinclair stated that if UCB is confined to the Ordinance that they will not be afforded the same sign privileges. Councilman Coco stated that B of A and First Western were established before the present Sign Ordinance. The Saddleback Bank conforms to a provision that allows for a corner and is the reason for. the two signs. There is nothing in the Ordinance that would call for UCB to be mn a hardship situation in that regard. Mr. Sinclair stated that in the strict sense of the Code that's probably true but if UCB does not have the type of sign applied for he feels they are being prejudiced. He also stated that the only place a wall smgn would bo comparable with the architecture is on the side facing stores and shopping center which is not the important side for identification. Answermng further questioning by Iir. Coco, IIr. Sinclair said there is a certamn amount of transient business in banking. People bank with the closest bank. Also UCB signs are a corporate identity and it is important so people can find the bank by seeing it on tower. People do, by nature, bank in the closest bank to them but people moving around as they do in California are the ones they want to announce their location to.. In answer to questioning by Mr. Miller regarding UCB located by the Orange Airport, Mr. Sinclair said that the City of Hewport Beach and the owner and the Irvines were against a tower sign but they felt this to be a different type of building and different situation as the building and sign on South side were so prominent but, ,they have recamved permission to erect Emblem on the street. Councilman Coco asked about architecture'of building and rms told that all UCB architecture is not alike although floor plans are almost identical. The architect in this case was aware of the Ordinance but is aesthetically minded and steers away from signs. Mr. Rourke, in answer to questions of iiayor iiack, stated that if granted as a varmance this could tend to be considered a green light for other termants in the complex to nave a variance from provisions of the sign ordinance but he could not say flatly that it would. In order to grant this variance you would have to find the determinations described in the 0rdinancee as to special hardships etc. Councilman Miller asked if the substance of this application or appeal are any different from that of the Sizzling Broiler and Mr. Rourke stated he felt that some facts are a little bit dffferent but that it is a vary similar kind of problem. Councilman Coco stated that people do not tend to object 'before the physical fact, but comolaints do come in after. There is now a non-conforming Bay'Sign in the Tustin Heights Center but it is there and was erected before the new Sign Ordinance. These things do exist unless they have some measure of control. In regard to UCB application, the architect dii secure a copy of the Sign 0rdinancc and was familiar with its provisions before he began his work. Moved by Coco, seconded by Klingelhofer that denial of the Planning Commission be upheld. Carried by Roll Call. Ayes: Mack, KlngellhoI'er, Coco, Miller. Noes: None. Absent: Ring. Council Minutes Pg. 4 . 5/15/67 VI. 0LD 1. a) RENTAL AGREEMENT FOR BUILDING AT 275 SOUTH BUSINESS "C" ST., TUSTIN (CORNER OF SOUTH "C" & THIRD) Moved by Miller, seconded by Coco that the rental agreement for building at 275 South 'C" St. be approved and the Mayor and City Clerk be authorized to execute this agreement. Carried. Mr. Gill stated he felt there would be no objections to a small sign identifying the Chambers such as that on City Hall. b) ORDINANCE NO. 351 AN 0RDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 2-7 OF THE TUSTIN CITY CODE RELATIVE TO THE MEETING PLACE OF THE CITY COUNCIL. t~o-. 15.~ have second reading by title only. Carried unanimously. Moved by Klingelhofer, seconded by Coco that Ordinance NO 351, amending section 2-7 of the City Council to the meeting place of the City Council, be oassed and adopted. Carried by roll call. Ayes: Mack, Klingelhofer, Coco and Miller . Noes: None. Absent: Ring. Mr. Gill stated that it was felt that we would move in with a minimum amount of effort and try the meeting place out for awhile. It may be well to test it to' see if we could conduct a meeting possibly without microphones initially rather than moving this equipment. The purchase of 50 chairs is anticipated. Mayor Mack announced that the first meeting in the new location will be the 19th of June,. 2 ORDINANCE NO. 352 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE ZONING ORDINANCE, ORDINANCE NO. 157, AS AMENDED, RELATIVE TO SMALL ANIMAL HOSPITALS, VETERINARY CLINICS AND KENNELS Moved by K!ingelhofor, seconded by Coco that 0rainance No. 352 have second reading by title only. Mr. Rollen Hahoney of 13661 Wheeler P1., Tustin requested ~ 'tTme to sooak on ~his matteP and stated tha~ he objected to Section 11.505 as being unfair to the Citizens of the City. if veterinarians do not feel the are gettin~ the returns they should when boarding animals they should raise their ra~es. In answering IIr. Coco, Mr. ilahoney said he had made use of the existing veterinarian facilities for boarding his dogs and that there is not a kennel in the City. Mr. Su in er stated that basically ~his Ordinance is to ~zone that these can be mn and what can go on in that zone. Mr. Miller stated that his understanding is that there are ~ iones that we feel boarding would be appropriate and we make a distinction in this ordinance 'as to which zones boarding would b8 .pemitte~. Mr. Supingor said t!!at Nr. ililler's statement is correct anal that th~ present zone for boardin is the R-A zone. Kennels for extended boarding should ~e in either an agricultural or industrial zone as dogs kept for any length of time should be permitted to go outside. This does not belong in a Commercial District. Consequently most Ordinances restrict kennels with outside runs to Council Minutes Old Business Continued Yl 6 5 5/7 those districts. There are kelmels close by, but not in Tustil~.,- In our zoning Ordinance ~e p~rmit kennels only ia an R-A zone anC. the only R-A zoning at the prcsen~ time is at Dryan and Broadening ~vhich is occupied by an electrical sub .station. A kennel could go into a U zone ~.~ith a Use i~cr~.~it. If this Ordinance is passed it ~.~ould prohibit even an existing Veterinarian Hospital from the boarding of animals other than for Medical reasons. Ans~.~ering a question by Councilman ~,~iller, iTr. SupAnger stated tha~ outside runs arc provided at kennels as they realize the animals nccd outside sunlight e~c. The only other control ~'~ould be the animal control Ordinance and the SPCt regulates the construction of Kennels and approve the plans. !it. ~.~.iller stated he felt the Ordinance as no~ ~'~ritten ~'~ould stand in performance task even if the Section 11.505 ~vere stricken because of clause Stating all animals shall be kept in an enclosed a~r conditioned, sound proof structure. If there is the regulation tha~ all ani~als to be boarded must have runs, there ~s no ~.~ay for the creation of a nuisance. If only concerned v~ith the nuisance ~o the community then Section 5.075-C and the last sentence of the definition could be stricken. Councilman Coco felt that there had been some good points presented and thanked Hr. Hahoney for bringing them to the CounQils a~en~iOn. ~r. Coco stated that unless there is an ovcr~'~helming reason that has not been presented he agreed ~'~ith Hr. Hillsr and is in favor of striking this provision. Councilman Miller said that there may be some prohibition against using a ~totally enclosed space as a kennel and perhaps this Ordinance should be held over until this can be investigated. [ir. Rourke said that a hearing ~.~ould have to be noticed if there are any substantial changes. Preceding motion to have second reading of Ordinance 352 ~Qiied. Hoved ~y Coco~ seconded by Klingelhofer that this item be continued for a s~udy of other existing legislation as regards kennels an~ the general question of boarding animals for short periods of tic.me as a service to the Community and a report to be presented at the next Council ilceting. Carried. The Council thanked Hr. Mahoney for his contribution this evening. 3. ORDINANCE NO. 353 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ORDINANCE NO. 157, THE ZONING ORDINANCE AS AMENDED, RELATIVE TO HEIGHT AND LOCATION OF FENCES, HEDGES, AND WALLS, AND DEFINITION OF "FRONT YARD" AND "SIDE YARD". Hoved by Miller, seconded by~Kl~n~elhofer that Ordinance referre~ bask to the 31a~ing Commission for further consideration. Carriei~. Council itinutes B e Old ' usine~s;'Continu d 4. 0RDINANCE NO. 354 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, PROVIDING F0R THE REMOVAL OF ABANDONED SIGNS. Novcd by Coco, seconded .by Hiller that Ordinance Uo. 554 have second reading by title only. Councilman Klin~elhofer asked the exact definition of an abandone~d sign? tit. Supingot stated'an abandoned sign would be any sign not used for a period of ~0 days or used to advertise that which has been moved or discontinued from the property. Mr. Rourke said in his opinion a sign could be abandoned in one day if the owner left it with some indication that he was not intending to use it any further although it is usually a matter of non-use but it could be abandoned in less than ~0 days. The City could be liable if they removed a sign and were wrong. The Ordinance does provide for notice to the ov~ner before anything is done so in any event it would th~n be incumbent upon the property owner to give the City some advice disputing the City's position about it. f:bove motion carried unanimously. Hoved by Coco, seconded by Klingelhofer that Ordinance No. 3~4, providing for the removal of abandoned signs, be.passed and :adopted° Carried b..Y roll call. Ayes': Hack, Klingelhofer, Coco, Hille~. Noes: l!one. Absent: ling. 5- RESOLUTION NO. 880 A RESOLUTION 0F THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPOINTING MARILYN J. LUDWIG TO THE PLANNING COMMISSION. iloved b,y Miller, seconded by Klingelhofer that R~sotution IIo. 880 be read by title only. Carried unanimously. Moved by Coco, seconded by Klinselhofer that Resolution 'Ilo. 850, appointing Marilyn. J.. Ludwig to the Planning Commission, be passed and ad_opted. Carried by roll call. Ayes: Ilack, Klingethofer, Coco, Iiiller. Noes: Uone. Absent: Ring. Vii. i!EW 1. RESOLUTION UO. 879 BUSINESS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA OF INTENTION TO APPROVE CONTRACT PROVIDING FOR PARTICIPATION IN THE STATE EMPLOYEES' RETIREMENT SYSTEM. Moved by Klingelhofer, seconded by Hillor that Resolution No. 879 be_ read by .title onlyj C~rriod unanimously. Hoved by K!in~elhofer, seconded by IIi ller that Resolution i!o, 879, of intention to approve contract ~roviding for participation in the State Employees, Retirement System, be oassed and adopted. Carried by roll call. Ayes: iiack, Klingelhofer, Coco, iiiller. iYoes: None. Absent: Ring. 2. REQUEST FROM TILLER DAYS INC. - STREET DANCE .. ~T FROil TILLER DAYS IiTC .- STREET DAiTCE iIEQ. UEST FOR PLjIIItIS'SI0iT TO IIOLD .q STREET DAIICE JtF~y 22 ON iRiN STREET, EAST OF "D" STrlELT iioved bM ililter, seconded by Klingelhofer that request of Tuntin Tiller Days for closing of Iiain .Street, east of Council liinutes Pg. 7 New Business Continued 5 5/7 /1 D Street for a Street Dance on July 2End be aDproved subject to final clea_rance by the Police, Fir~, and Building Departments. Carried 3. TUSTIN CAB CO. - ADDITIONAL CAB PERMITS REQUEST FOR 6 ADDITIONAL TAXICAB PERMITS AND 3 STANDS AT 555 SOUTH "C" STREET Mr, Gil_l stated that if request is approved it would huthorize the cabs that they desire to operate within the City of Tustin. There were 2 cabs on the initial application and the business has grown to a total of 8 taxis. They can operate in the County area without approval of the City, however they would not be able to pickup wi'thin the City limits but they could discharge passengers. So, to control any activity that is gemrig on, the fact that they are permitted to pickup in the City gives the City the right to inspect the vehicles. tie could have 21 Tore people dischardod in the City and the vehicles could be unsafe. This way it would bring it under City jurisdiction. Ue have had complaints from c competitive cab company asking that the City not approve this as they feel it is unfair competition, but this is a matter between the 2 companies. Councilman ililler stated he was happy to see that the Tustin Cab Co. has prospered to where they can add 6 more cabs. Moved by tilllot, seconded. b~ Klingelhofer that cormits requested by the T ' usti~ Cab Co. be ,.qranted. Carried. In answer ~o questioning by iir. Coco, IIr-. Gill said the only stand will now be on 6th St. This. is their place of business and room for 3 vehicles on the street. 4; APPROVAL OF DEMANDS lieveal b,y Klingelhofer seconded by ililler that d~mands in the amount of (.7.6~7.8~ ~e pai~_~ iiotion carried. VIII. OTHER CITY ADMINISTRATOR BUSINESS l) IIr. Gill made note of the chance in the ..genda format stating it would be continued at the pleasure of the Council. 2~ Report on Economic Development Committee Presented by IIr. Gill I.ir. Charles Oreem.;qo~]_ explained the history behin~ the formation of this committee which would evolve from the present Commercial and Industrial Committee which had started off with the idea of presenting come sort of an architectural policy for the Business Districts. After considerable discussion it was the consensus of opinion that more thought should be given to what we can really anticipate in the way of business districts. It was then decided to broaden the scope of this committee and make it a cooperative venture between the City, the Chamber and with Iir. Adsit,s advise to really go into the study of the type of business growth desired and to then determine if feasible and economical etc. F:~r. Gill informed the Council that this is being presented to the Chamber Board of Directors. The now Chamber ~lanagor will ague on board on or about June 1st to get mnss the depth of this and lend his talents to it. The first step is to present this to the Council and the Board for their reaction. As far as cost the Chamber ilanaGcrs time and City Administrators time would be in connection with their nor:ml duties. Iiost of the work Council Minutes Dther Busi~eS~gContinued by members of committee will be at their own cost. The irvine Co. is very interested and their contributions will be at their expense. The only other costs would be with the consultant although most of his work would tie in with our town center studies anyway. So there may be little or no additional costs. Moved b~ Klingelhofer1 seconded by Coco that the City Council .~dorse the purpose of this Economic Plannin~ Committee and the 5 steps enumerated and give them support. Carried. CiTY =.TTORNEY None IX. INFORMATION~ The followrang information and/or correspondence received. & C0RRESPON, DENCE 1. Personnel Activity Register - H. Gill 2. Building .Dept. Activity and Permit Reports - F. Brook 3. Legislative Bulletin - League of California Cities 4. Progress Report - Tustin Tiller Days inc. 5. Request for Council Suppor~ - Air California 6. Minutes of Executive and General Meetings - Orange County League of Cities 7. Digests of Assembly and Senate Bills 8. Resolution supporting A.B. 877 - City of San Juan Capistrano X. OTHER COUNCIL BUSINESS 1. IIoved b~ Klin~elhofor~ seconded by Iiiller, that the Council authorize the Mayor to attend the 1967 ~nnual Conference of Hayors and ~o be reimbursed for those necessary expenses incurred. Conference dates from Juno 17th to June 21st in Hawaii. Councilman Klingelhofer said he does not believe' that the City of Tustin ha's ever participated in this before. There was quite a lengthy presentation at the League, Orange County Cities a few months ago directed to the need of representation at this conference and those conferences in the future. The main purpose being that Western Cities arc not usually represented and because of the fact th~:t ilayors in the west often have terms of office that are only two years in length, it does not gmve the Western Cities of the U, S, an opportunity to become" valuable members of conferences and committees. In the short analysis of the situation the public opinion that the League of Cities throughout the U. S. and the Conference of.Iiayors does exert is not really representing people here.. Councilman Klingelhofer felt it the Councils responsibility to help and encourage in this particular effort. Above motion carried 2. Councilman Hiller requested a personnel meeting following this meeting, PUBLIC None Council ilinutes Pg. 9 I 6 51 51 ? DC I. ADJOURN Mayor [lack adjourned the open portion of the meeting MENT to a personnel session. Present at Personnel Session: Council, City Administrator, City Attorney, City Clerk. Moved by Klingelhofer,. seconded by Coco that meeti~g be adjourned. Carried. IIayor Clrk~