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HomeMy WebLinkAboutCC MINUTES 1966 08 15 MINUTES OF A REGULAR MEETING TUSTIN CITY COUNCIL August 15, 1966 CALL TO The meeting was called to order by Mayor Mack. ORDER II. PLEDGE OF Led by Mayor Mack. ALLEGIANCE III. ROLL Present: Councilmen: Mack, Klingelhofer, Miller, Ring CALL Absent: Councilmen: Coco Others Present: City Administrator, Harry Gill City Attorney, James Rourke City Clerk, Ruth Poe APPROVAL Moved by Klingelhofer, seconded by Ring, that the OF MINUTES minutes of the August 1st meeting be approved as mailed ~eived. Carried. V.- PUBLIC 1. PR 66-101 - FREDRICKS DEVELOPMENT CO. HEARING TO CONSIDER PREZONING OF 4.71 ACRES FRONTING ON THE SOUTHEAST SIDE OF NEWPORT AVE., APPROXIMATELY 350' SOUTHWEST OF MITCHELL AVE. TO R-3 (MULTIPLE FAMILY RESIDENTIAL), EFFECTIVE ONLY IN EVENT SAID PROPERTY IS ANNEXED TO THE CITY. Mr. Gill presented reports from Planning Staff and the' Planning Commission recommendation for prezoning of property to R-3 with restriction to 117 units. Correspondence objecting to R-3 zoning on this property from Donald Gunderson and Ca1 Sherman was acknowledged. Mr. D. J. Garner representing Fredricks Development Co. informed the Council that extensive studies had been made and that it is not economically feasible to develop garden type apartments. Major distressed ....... properties are the garden type family developments. The largest portfolios of bankrupt developments held by Savings and Loan Companies are of this type. These developments are misplanned, with little research. Through study it has been found that 70% of apartment rentals are single people, 10% young marrieds, 10% separated or divorced, the rest senior citizens. Mr. Garner also stated that R-3 allows 164 units - they propose to build 117. If ever property should become R-3 in the County, it would allow over 200 units. This proposed development is catering to young, single people and will not overburden the schools, but will 'creat~ a tax revenue of approximately $20,000. Developments of this type have been filling in 45 days. There being no further comments or objections, the hearing was declared closed at 7:40 P~M. CouAc'F m~n Klingelhofer co~ented that the Staff had Sub~i~'~-~t~'2quit ..a !~ngthy, b~t of informa~lon,'but note~h '~.' ;rec~e~a~n;~. the CommissiOn conflicts a blt.'~t~.the :G~era~:~a~ Program. , Council Minutes 8/15/66 Pg. 2 Moved by Klinqelhofer that this matter be referred back to the Planning Commission for further consideration and to report back to the Council. Motion died for lack of second. Councilman Ring questioned reasons for prezoning, desire for annexation and why the applicants did not apply to the County for the same zoning. Taxes in the City would be an additional burden to the owner and they would be better off in the County. Discounting the economic factor, he would not go along with R-3 as it conflicts with Tustin's General Zoning Plan. In answer to questioning, Mr. Garner said they had never applied for a zone change in the County but stated that they preferred to develop in the City as they needed City facilities and the long range program for Fire and Police services, also lower insurance rates and that they believed that even costs of utilities are extra when outside and using City facilities. Councilman Miller stated he agreed basically with Councilman Ring and that nothing~ could be gained by referring this request back to the Commission. Decision should be made on the General Plan and the effect on other property in the area. Moved by Ring, seconded by Miller, that the Council deny application PR 66-10~ of Fredricks Development Co. Motion ended in tie vote. Ayes: Ring, Miller. Noes: Mack, Klingelhofer. Absent: Coco. Councilman Klingelhofer again moved that the matter be referred back to the Planning Commission. Motion died for lack of second. '2. UP 66-219 - JEHOVAH'S WITNESSES - APPEAL TO CONSIDER AN APPEAL OF THE DECISION OF THE TUSTIN PLANNING COMMISSION DENYING UP 66-219 OF THE SANTA ANA NORTH UNIT CONGREGATION OF JEHOVAH'S WITNESSES, TO PERMIT THE CONSTRUCTION OF A CHURCH ON PROPERTY LOCATED SOUTH OF FIRST ST., WEST OF PASADENA, NORTH OF SECOND, AND EAST OF NEWPORT FREEWAY. Mr. C. Arthur Nisson, Attorney representing applicant, brought out that the City Ordinance states that in an R-1 zone a church must obtain a Use Permit and the Co~nission must determine if use is detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working ih the neighborhood. The City Zoning Ordinance does not state one or more, but all of the above criteria. As guide lines, the Commission should have been sure all members were familiar with the area an&t with the. improvements to the area by the widening of Pasadena Avenue and the construction of curbs, gutters, and sidewalks. The church will provide 45 offstreet parking spaces - one space for every 3 seats which covers the maximum use of the meeting hall. Mr. Nisson went on to state that certain types of churches are by nature of belief noisy and could see where they could be detrimental to a residential district. This ~hurch is not noisy ~or is Council Minutes 8/15/66 Pg. 3 Mr. David Allen, Minister of this church, explained the type of church and fundamentals of the religion and stated they do not have or want large congregations and when one church reaches a membership of 100 to 110 it is split and a new church is formed. Usually there are five meetings held per week - two on Sunday, one beginning at 3:00 P.M. and one at 4:00 P.M. with the singing of approximately three songs; one meeting on Tuesday evening; and two meetings on Thursday evening. There are no social or fund raising activities. This is not an over-emotional religion but is an orderly, quiet congregation with well behaved children as shown by the attendance of children at this meeting. Mr. John Bell, owner Of subject property, stated that in order to develop this property as R-l, they could build four 2-bedroom houses but being so close to the Freeway they would have to sell at less than $25,000 and they would be cheap houses. Professional development had been suggested, but he did not feel it likely that a Doctor would locate there. James Eckert, Minister of South Santa Ana Church, stated when permit was applied for his church, they had met with similar objections but that since the church has been in operation the area residents have volunteered their opinion that it is a pleasing building and they are pleased to have it in the neighborhood. Mr. Nisson said the basic reason for opposition was not a church, but the church denomination. Mr. Carl Gibson stated he was one of the men sent to measure property and fn talking with Mrs. McDuffy, she said she thought a church would be nice and quiet, but when told the denomination was Jehovah's Witnesses, her attitude changed. Mr. Nisson presented a rendering of the proposed church building. He also said that opposition was not based on fact, but lack of information and commented on the following reasons for protest brought out in the petition: 1) Depreciation of property - street will be improved and in place of dead trees, there will be a landscaped small meeting hall. 2) Traffic congestion - based on emotion, not facts. Traffic will arrive and leave at First Street and ample parking provided. 3) Noise - this has been adequately answered. Not true. 4) Street already thought to be access to Freeway - no doubt this istrue, but this willbe~he case regardless of de~elop~ent.of/~churCh.'~.,,~].'~ 5) Congestion on Second Street - this is not feasible as traffic flow will return out First Street. 6) Parking facilities at homes would be taken up - actually parking area in neighborhood will be doubled.~ for for Council Minutes 8/15/66 Pg. 4 Mr. Nisson then stated that if the opposition was based .... on some facts, according to Ordinance the Council would -" have to hear it. If based on type of church, the Council would have to grant the Use Permit. Mr. Nisson respectfully requested Council approval. Mrs. Ann Allen stated that there are many, many meeting halls throughout the world. She had seen one in particular in an estate area in Stamford, Connecticut where the neighbors were very happy with the church development. Mr. Casey McDuffy said he had been asked to act as spokesman for the ares residents and objected as he fel~ it would devaluate the property. A home next to a church is impossible to sell. Other areas adjacent to Freeways had been developed with $35,000 homes. The residents feel that even with parking area, cars will still be parked in the streets. Pasadena Avenue is already congested with trucks and cars trying to get to the Freeway and turning back at Second Street. Out of 29 property owners, the 19 most effected had signed the petition, two owners located north of First Street are not interested, as is the case of six owners across the Newport Freeway. Mr. Dean Sharp stated he felt most objections were formed on misconceptions. Mrs. C. Hilton stated she is a resident of 20 years and directly involved, and begged the Council to consider the residents. Mrs. F. Logan stated that although she lives on Myrtle Street, she is within the 300' radius and had received notice of hearing and felt she should have a vote and feels this would create more traffic. The traffic is heavy now, but the residents would like to keep it at least like it is and not let it get worse. Mr. Grey, member of the congregation, stated one point to bring out was that 60,000 Jehovah's Witnesses met in San Francisco and the three police officers assigned said they were not needed at such an orderly meeting. He can see no reason for talking about 45 autos and a membership of less than 100 people. There being no further comments or objections, the hearing was declared closed at 8:42 P.M. '=- Councilman Miller said he felt that with five hours of meeting per week, it would be nominal usage compared to other churches and that all buildingshe had seen were small, neat structures and well maintained. People always have good intentions, but parking could be a problem and people are bound to use other streets, and there is a blind intersection at Pasadena and First Street. Councilman Klingelhofer stated that Councilmen face a lot of dramatic experiences and that petitions are supposed to reflect feelings of those eff.ected most. Concern is where are we going to put churches and schools. to somewhere,, ~his ls :0. be~a~Ogical [ ~ church~ ~I. Council Minutes 8/15/66 Pg. 5 Moved by Klingelhofer~ seconded by Ring, that UP 66-219 be approved subject to following ~rovisions listed in reports and correspondence: 1) That the plot plan be revised to show a maximum of three (3) feet eave projection into the required front yard. 2) That landscaping be installed to the satisfaction of the Architectural Committee along the Southerly and Northerly boundaries of the site. Said landscaping not to exceed a height of three (3) feet within twenty five (25) feet of the most Northerly boundaries. 3) That if the existing trees along Pasadena have to be removed for construction, replacement be made of six (6) street trees spaced at proper intervals along the frontage. Said trees to be chosen from the City of Tustin Street Tree List. 4) That sprinkler devices be installed in each landscaped area for irrigation. 5) Curbs, gutters, and sidewalks be installed by developer. 6) Buildings conform to sketch presented. 7) Drawing be filed with the City. Carried by r011 call. Ayes: Klingelhofer, Miller, Ring. Noes: Mack. Absent: Coco. " Mayor Mack called a five minute recess. Meeting reconvened at 9:00 P.M. VI. OLD 1. ORDINANCE NO. 320 BUSINESS AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 15-7 OF THE TUSTIN CITY CODE PROHIBITING HEAVY ACTIVITIES ADJACENT TO RESIDENTIAL ZONES. Request by United California Bank, Trustee Of W. Harold Finley, for continuance of the second reading of Ordinance No. 320. Mr. Warren Finley, speaking for Mr..J. Covington of United California Bank, Trustee 6f W. Harold Finley Estate, asked for deferrment stating that Mr. Corington had additional facts and information to present, but was now on vacation. Mr. J. Kidd, B Street, questioned what information they could have and stated he couldn't. see how additional arguments could help. Mr. Finley said that Mr. Covington had not gone into detail of the finances of the estate and future demands or what else he wished to bring before the Council. Councilman Miller stated the needs of the estate are to '~hem significant, but didn't kn~ if appropriate for Coupcil action. There is a the ~ei~hbOrs ~'ch.h~s .~een before the C~ty~ NOvember. · · Council Minutes 8/15/66 Pg. 6 Mr. Finley was of the opinion that the law provides two readings so all involved have two opportunities to present facts. Mr. Rourke stated this is not really the purpose. The Council does not have to listen to everyone each time. The law is meant to prevent hasty action. If it is felt that someone had been denied the opportunity to speak, the Council could continue this reading. Councilman Ring stated that he took the time to go to the property at 4:00 A.M. He parked on B Street and at 4:45 A.M. the noise was resounding and he could see where it could be a great annoyance, especially to folks along in years. Councilman Klingelhofer stated, as he instigated getting the Ordinance to this reading, he would like to defer the second reading but not if Mr. Kidd would not be available. Mr. Kidd said he would be leaving in a week and would not return before October or November. Mr. Kidd also stated that the facts have been given and could see no gain in putting this off. Councilman Ring felt that Mr. Covington should be censured as he could have had a representative present the facts for him. In due fairness to the estate, he would go along, but someone is in gross negligence. Moved b~ Ring, seconded b~ Klingelhofer, that second reading of Ordinance No. 320 be continued to the next regular meeting. Motion carred. Ayes: Mack, Klingelhofer, Ring. Noes: Miller. Absent: Coco. 2. Taxicab Permit Request Mr. Gill explained that action was deferred from last meeting pending further information from applicant and recommendations from City Administrator and Police Chief. Applicant, Mr. Notarpole, had had some difficulty purchasing two vehicles and requested deferment to next regular meeting. Moved b7 Ring, seconded by Klingelhofer, that further action on ~pplication for taxicab permit be deferred to next regular meeting. Motion carried. 3. Tree Planting Program Mr. Gill reported that the program had been presented to the Council at the last regular meeting and deferred to this date. Councilman Klingelhofer asked if this program filled the requirements from an administrative standpointa~nd informed that it did. The question arose as to whether a $2.50 flat fee would be sufficient to cover the 'cost of installing trees. Mr. Gill explained that as the City is not on a cost accounting system, it is rather difficult to break the actual costSdown per tree. Planting of several trees at one time wduld reduce cost per tree. The feeling is that itswill cost $5.00 to $7.00 per tree. ~h~ g~ing , rate'~6"have a nurseryin~a'il the trees is'~5~e~e~tr~'.~ but. t~ey do not want to come in for small jobS~i!".Mr. Giil felt a uniform price would be of greater benefit Council Minutes 8/15/66 Pg. 7 administratively and as the purpose is to provide some community benefit and saturate the City with trees, one price might aid in obtaining this goal. Moved by Ring, seconded by Klingelhofer, that the Tree Planting Program be adopted, effective immediately. Motion carried. Councilman Ring stated he would like to see dead trees in town replaced before the program is instigated. VII. NEW 1. Dance Permit Request - Das Happy Haus, BUSINESS 682 "D" Street It was reported by Mr. Gill that this dance permit had been approved by both the Fire and Police Departments. Moved by Miller, seconded by Klingelhofer, that request for permission for a dance permit for Das Happy Haus, 682 "D" Street, Tustin, be approved. Motion carried. 2. Approval of Demands Moved byKlingelhofer, seconded by Ring, that demands in the amount of $7,340.47 be approved and paid. Carried. VIII. REPORTS & 1. Tiller Day Parade Route OTHER BUSINESS Mr. Gill reported that the Tustin Tiller Day Committee had requested approval of proposed Parade Route. Parade to form on Laguna Road at the Tustin High School, proceed along Laguna Road to D Street, North on D Street to First Street, East on First Street, North on Newport to Tustin Heights Shopping Center. Police and Fire Departments have approved this route. Councilman Klingelhofer asked if it is possible to have a procedural fact sheet to help iron out problems in advance. Mr. Gill stated that at a meeting with members of the Tiller Day Committee he had requested that all facts and information be discussed with the City and that weekly meetings will be held. Mayor Mack said he had attended the meeting and had requested that anything that effects the City be put in writing with approval of this body. Moved by Miller, seconded by Klingelhofer, that City. Council give their approval to~he Parade Route. Carried. 2. Next Regular Council Meeting - September 6th Mr. Gill reminded the Council that due to the Labor Day Holiday, this meeting should be adj~ourned to Tuesday, September 6th. ] Council Minutes 8/15/66 Pg.8 3. Street Signs Councilman Klingelhofer asked Mr. Gill to have Mr. ~eelock check into the rusted street signs on First Street and the recessed manholes on Yorba Street. 7 4. Councilman Ring complimented Mr. Gill on the -- comprehensive report of Revenues and Expenses for 1965-66. Xe ADJOURNMENT Mayor Mack adjourned the meeting to a Personnel Session and stated the regular meeting adjourned to Tuesday evening, September 6, 1966. Moved by Miller, seconded by Ring, that meeting be adjourned to Tuesday evening, September 6, 1966. Carried. MAYOR