HomeMy WebLinkAboutCC MINUTES 1966 07 05 MINUTES OF A REGULAR MEETING
TUSTIN CITY COUNCIL
JULY 5, 1966
CALL TO - Meeting was called to order at 7:34 P.M. by ~{ayor
ORDER Mack.
II.
PLEDGE OF Led by Mayor Mack.
III.
ROLL Present: Councilmen: ~'Iack, Ktingelhofer~ Coco,
CALL
~iiller, Ring.
Absent: Councilmen: None.
Others Present: City AdminiStrator, Harry Gill
City Attorney; James Rourke
City Clerk~ Ruth Poe
Ptannmng Director, James Supinger
IV.
APPROVAL ~oved by Coco, seconded by ~iller~ that Minu~es as
OF MINUTES corrected by the City Clerk be a~roved.' Carrme~
V.
PUBLIC 1. PRE-Z0NING - PASADENA AVE ANNEXATION PROPERTY
HEARINGS
To consider pre-zoning of property within the
Pasadena Avenue 3nlnexation losa~ed on the eas~
side of Pasadena Avenue~ approximately 935 feet
north of }icFadden Street, ~o R-3, effective
only if proper~y ms annexed ~o the City of Tustin.
Hearing opened at 7:36 P.M.
A staff repor~ was presented by Mr. Supmnger with
recommendations from the Pla~aing Commission that
this prcper~y be zone~ R-2 (Duplex Residential).
ZTr. FilliamArnold, 15631 Riyrtle Avenue~ spoke in
opposition of the bullfling of more apartments in
this area~ and especially of ~wo s~ory apartments
adjacent zo the R-1 residential homes. Er. Arnold
also s~ated tha~ the apartments on Pasadena had
already crea~ed a parking problem.
~irs. Fos~er~ 15601 ~,iyrtle Avenue~ spoke against two
szory units~ parking problems crea~ed by apartments,
and the density of the twenty-eight units planned
by Mr. Thoner.
Mrs. A. Edwards 1561! ~.iyrtle Avenue~ concurred
with both ~Ir. A~no!d and Lira. Foster~ ~ad felt
that two story apartmen'~s would be an invasion of
the privacy cf 'tLs adjoirj~4~ home ouTlers.
0ouncil ~.Tinutes
7/~/66 Pg. 2
Mr. G. Smith. representing the developer, jack Thenet,
s~ate~ tnar][ir. ~honer never intended twenty-eight
units. The original plaa was for eleven~ three bed-
room units, but it had been brought ~o their atten-
tion that three bedroom units were not the thing
~o build. One bedroom tunics are more successful
and more units of smaller size are more financially
feasible, and they do no~ add to the density or to
the school age bracket. Understanding the objections
to the loss of privacy~ more s~udy had helen given
~o the develepment and they are willing tp hold
one s~ory units on the rear 110 feet adja'cent to
the R-1 developmenz.
The question arose as ~o wha~ would be done with
the cars from ~wenzy-zwo, one bedroom units with
a one car garage, when a majority of the zenants
would have two cars. It was explained that the
Zoning Ordins~me called for one and a half parking
spaces per tLnit, which it was fel~ would provide
adequate off-s~ree~ parking for the ~enan~s.
There being no further objections or commen~s the
hearing was declared closed at 7:50 P.ii.
Councilmac Ring s~atel that the R-1 residences
were there before the apartments anti zoning
He sta~ed he vmld no~ like ~wo s~ory apartments
behind his house s~nd asked if ll0 fee~ was far
enough not ~o invade privacy.
~Ir, Supinger sai~ this would no~ preclude privacy
completely, bnt would lesson the problem.
Upon questioning by Mr. Coco as ~o how R-2 Zoning
came before the Planning Comnission, ~t was stated
that the proper~y to th~ south ms zoned R-2 and is
one story apartments.
P;Irs, Edwards felt tha~ it should be uniform and that
there is no point in one thing one place, and no~
another with the same circumstances.
~Tayor ~.gack asked if anyone was present representing
~Tr. Calabreso~ the ovmer of a single family residence
on Pasadena, and was told there was no~.
Councihan DITiller cormnen~ed tha~ Planned Development
Zoning is the only zone tha~ prohibits two s~ory
multiple housing closer than l~0 feet. ~.ir. Supinger
said this proper~y was ~oc small for Planned Develop-
men~ Zoning~ where upon ~,'.-~r. ~iller asked if there
was any good vehicle ~o insure the ll0 feet setback
that Nr. Thenor suggested.
The City Attorney informed the Council tha~ the
City can impose this restriction, but that it is
a questionable procedure. Deed restrictions cs_n
be placed on propor~y~ but it is a question as ~o
who cam or: ~,ro s iqr:.~ lourke also explained that
if the properT:l "' ~'~;] ff ~nd the now ov~qers aid
- ~- ~_ ne doubted li at_,',
Council Minutes
7/~/66 Pg. 3
Mr. Supinger stated that other than the small R-2
parcel To the south most of the immediate area
on Pasadena is under R-3 Standards. ~-2 Zoning
provides for 3~500 square feet per dwelling, and
could bs Two stories~ R-4 Zoning is 3,000 square
feet per unit. Under the ~resent County Zoning
the developer could build Eleven, two story units.
Councilman Ring s~ated he still maintained he is
not in favor of R-2 Zonmng and that the property
should remain R-4 Zoning as it comes from the
County.
IS was felt that the primary objection of the
home o~~ers was the two story development an~ if
~roperty is improved under the R-~ Zone, there
!s no assurance tha~ two story structures would
no~ come v~thin five feet of the R-1 residences.
~Trs. Edwards stated that if the pro~ect is built
to the property line, this would rob the residential
owners of sunlight~ which she believes is against
County regulations,
Councilmar~ Coco said he felt there would not be
on-street parking as the City Zoning calls for
one and one-half spaces per unit. Mr. Coco stated
he was in favor of some sort of P. D. Restriction,
and of the Council granting R-3 Zoning~ and accept-
ing the condition of 150 feet setback for two
story units adjacent to the R-1 property.
Mr. Thenet stated he could accept 150 fee~ in
lieu of ll0 feet as stated in his letter.
Mrs. Edwards said there would be absolutely no
objections to the 150 feet limit for ~wo stories.
Eoved by Coco, seconded by Ring~ that pre~zone of
subject property on Pasadena Avenue ~o R-3 Zone~
be approved effective on completion of annexation
of this proper~y~ on condition of execution of agree-
ment suitabXe to the City Attorney, and that there
be no two story construction within 150 feet of the
rear property line.
~oved by Nillet, seconded by Coco~ that there be
a Recorded Declaration containing ~wo story restric-
tions. Pre-Zone Ordinance should contain the limita-
tions. Carried by Roll Call.
Votes Ayes: Mack~ Klingelhofer, Coco~ ~Tiller, Ring~
Noes: None
Absent: None
Original motion approving R-3 Zoning, carried by
Roll Call.
Votes Ayes: Mack Coeo~ Miller~ Ring~
Noes:
Council ~{inutes
7/~/66 ~g. 4
2. PASADENA AVENUE ANNEXATION
Proposed annexation To the City of Tustin of
1.28 acres~ located on the eas~ side of
Pasadena Avenue approximately 935 feet north
of ZtcFadden.
Hearing opened aT 8:29 P.~.~.
The City Clerk reported there had been no written
protests received.
Bit, Arnold of ~iyrtle Street,spoke in favor of this
annexation.
There being no objections or further comments~ the
hearing was declared closed at 8:30 P.~i.
Mayor Mack declared that a majority protest had
no~ been filelo
~Toved by Coco~ seconded by Ring, that Ordinance
No. 315~ approving the annexation of certain un-
inhabited territory, designated Pasadena Avenue
Annexation, have first reading by title only.
Carried unanmmoustyo
3. ZONE CHANGE 66-151 - CHARLES GREENWOOD
,~.~ ~ change of zone from C-~ vath
accompanying front building setback from cen-
terline of Fourth Street of 110 feet to C-1
~with afront building setback from centerline
cf Fourth Street of 65 feet. Property located
on the south side of Fourth Street and having
a depth of approximately 190 feet, beginning
at Pros~ec~ Avenue.an8 continuing eas~ for
approximately 632 feet.
Hearmng opened aT 8:33 P.I.i.
A staff report ~d recommendations from the
Planning Commission for approval of this zone
change, ~resented by Rir. Supingot.
Mr. Co Greenwood spoke in his o~l behalf saying that
he felt this present setback was excessive and was
originally pu~ forth ~o prohibit a Service Station.
Now with other restrictions governing Service
Stations~ he feels justified in requesting this
change. At the present time he is limited ~o
use of land due ~o setback. Setback for other pro-
per~y on Fourth SZreet allows buildings on front
of property and parking mn the rear. ~r.' Greenwood
also stated he did not feel he was asking for any-
thing tunusual for a setback on a primary Hi&hwayo
There being no further comments and no objections
the hearing was declared closed at 8:37 P.~I.
l~oved by Coco, seconded by Ring~ that the City
Attorney be directed ~o draft an Ordinance approv-
Vote Ayes: ~ack~ [tingelhofer~ Qoco~ ~ller, Hing.
Noes: None
Absent: None
Cotuqcil ~iinutes
7/~/66 Pg-
4. SERVICE STATION DEVELOPMENT STANDARDS
To consider adoption of a ~olicy related
l~nimum Site Developmen~ Standards regulating
Servmce Station Development in the City of
~ustin~
Hearing opened az 8:40 P.Li.
There being no objections or connnents~ the hear-
ing was declared closed at 8:41 Po~.
Councilmar_ ~iller questioned the fact that he be-
lieved the previous standards had some guide lines
as to ~he number and proximity of szations in a
single block an l was d~sappointed that the Planning
~nm~sign.~ad apparently dismissed this.
~e ~oxmmz~y ~o residences and number o~ He
-stations
per block should be considered.
1,Zr. Gill lurch-ned the Council that this m~ght not
be considered the proper spo~ but could be a con-
dition considered in a Use Permit. ~r. Gill fel~
it difficu!~ to arrive a'~ meaningful language that
woul~ be feasible in all situations. It may be
tha~ s~andards of so many per block could be se~
~dth a condition that the Planning Commissmon could
modify any of the conditions.
Councilman Ring felt tha~ if the s~andards of Ser-
vice Stations are up graded through this Policy,
then we have accomplished the reasons for its adop-
tion.
Upon questioning~ 1.~r. Supinger sta~ed that ~estern
Gas and 0il has no objections to the bulk of this
Policy. They felt tha~ the big battle had been
lost with the requirement for Use Permits.
1.ft. ~iiller felt this to be really a Planning
Connnissmon Policy Standard Guide.
lit. Coco said he would like ~o see the title changed
from "Service Station D,iinimum Si~e Development
Standards" to "Service Station ~Zinimum Site Develop-
men~ PoXZ~y Guide".
Zioved by Ring~ seconded by Klingelhofer~ that the
"Service Station ~Iinim~n Si~e Devetopmen~ Policy
~ide", be adopted. Carried by Roll Call.
Vote Ayes= ~,~ack~ Klingelhofer, Coco~ Miller~ Ring.
Noes= None
Absent: lierio
It was brought forth that due to the adoption of
the Sign 0rdinance~ page 2 will be modified to in-
clude the revised standards~ad the section on
page 4 regarding minimum building sites.and lot
widths will be revised.
Council ~.{inutes
7/S/66 PC. 6
5. AMENDING ORDINANCE NO. 85 - SUBDIVISION ORDINANCE
To consider an amendment To Ordinance No. 85~
Subdivismon Ordinance, To provide for the hold-
ing of a -Public Hearing before the City Planning
Commission on all Tentative Subdivision liaps.
Hearing otened aT 8:57 P.tT.
~,ir. Supinger presented recommendations from the
Plannmng Commission, that Drdin~nce No. 85 be amended
to require a Public Hearing before the Planning .
Commission on all tentative subdivision maps.
A written repor~ and recommendations fro~ Er. Vieslock
was presented.
~ir. ~Ziller sta~e~ that he agreed with ~iro!Vjheetock~
that this ma~er be haadted administrativeely.
It was ths opinion of the Council that formal hearings
are not necessary but that adjacen~ property ovmers
should be notifie~ v~en a ~en~ative map cbmes before
the Con~issmon. The Council also felt that tenta-
tive maps shoul~ be heard by the CommissiOn onty~
and only final maps would come before the Council.
P.~ove8 by Z~iller, seconded by Coco, that the ~ty
Administrator draft procedure to handle this matteT.
administratively a~d submi~ ~o the Council. Carried.
VI.
OLD 1. 0RDINANCE NO. 305 - SECOND READING
BUSINESS
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
REGULATING THE CONSTRUCTION, ERECTION, ALTERA-
TION, REPAIR AND MAINTENANCE OF ADVERTISING
SIGNS AND THEIR SUPPORTS
~Toved by Klingelhofer~ seconded by Ring~ that Ordinance
~o. 305~ have second reading by title only. Carried
unanimously. '
Moved by Rin~, seconded by Coco~ that Ordinance ~o.
305~ regn~lating the cons~ruc~ion~ erec~ion~ altera-
tion, repair ~qd maintenance of advertising signs
their suppor~s~ be oassed and adopted. Carried by
Roll Call. '
Vote Ayes: ~iack~ Klingslhofer, Coco ~iller Ring.
~oes: None
Absent: None
2. 0RDINANCE NO. 313 - FIRST READING
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADDING SECTION 4-23 TO THE TUSTIN CITY CODE,
REGULATING TRHE KEEPING OF ANIMALS, POULTRY AND
LIVESTOCK IN THE CITY OF TUSTIN, CALIFORNIA:
Coinoil
'7/~/6'6 2g. ~
~he Council discussed the control of domestic animals
such as cats, dogs~ ezco as well as other facets
of this proposed Ordinance, and felt that further --
study and investigation of similar Ordinances of
other Cities should be made for presentation at the
nexz regular meeting~
~iayor Mack ordered a continuation of this matter
for study and revisions To be presented at the next
meeting.
3. 0RDINANCE NO. 314 - SECOND READING
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE ZONING ORDINANCE, ORDINANCE NO. 157,
AS AMENDED, PROVIDING STANDARDS FOR OFF-STREET
PARKING REQUIREMENTS FOR ALL BILLIARD AND POOL
HALLS IN THE C-2-P ZONE
~ioved by ~iiller~ seconded by Coco, that Ordinance
No. 314~ have second readin~ by title onlI. Carried
unanimously.
}.ioved by ~.Iiller, seconded by Klingelhofer, that
Ordinance no. 31~ providing standards for off-street
parking requirements for all billiard and pool halls
mn the C-2-P Zone, be passed and adopted.
Carried by Roll Call. Vote Ayes: ~iack, Klingelhofer,--
Coco, ~iiller~ Ring.
Noes: none
Absent: None
VII.
NEW 1. RESOLUTION N0. 834
BUSINESS
A RESOLUTION 0F THE CITY COUNCIL OF THE CITY
0F TUSTIN, CALIFORNIA PETITIONING THE BOARD
0F SUPERVISORS OF THE COUNTY OF ORANGE TO
CANCEL TAXES.
l~toved by Ring, seconded by Klingelhofer, that Resolu-
tion No. 83a be read by title only. Carried u~anm-
mously.
Moved by Klin~e!hofer~ seconded by Ring~ that
solution No. 83~! petitioning the Board of SupS-
visors of the Comnty of Orange ~o cancel ~axes,
be passed ~d adopted. Carried by Roll Call.
Vote Ayes: ~iack~ Klingelhofer,.Coco~ ~Ziller~
Noes: None
-- .?egg z'~S DU~,7 '
Council l!{inutes
Y/[/66 Pg. 8
Recommendations for a suggested Ordinance covering
Household 0ccupations~ was presenzed from the
Ptarm. ing Commission.
lit. Gill statel that this type of Ordinance would
clarify the types of home occupations allowed in
residential dist~ictso At the presenz time any
home occupation is illegal according to the Zoning
0rdinalce. ~,Iro Gill also stated that this would
enable the City To issue licenses for home occupa-
tions. This could be teen care of in the Business
License Ordinance itself~ with perhaps some modifi-
cation to requirements for cerzain occupations
such as baby sitting~ ironmug, etc.
Qaestions arose as To household help~ use of more
than one room~ and definitions of ~ypes of household
ocDupations ~o be allowed.
It was brought out that this 0rdinancs was not to
be res~rictive~ but ~o specify what is to be permitted
and would allow all those businesses that are
no~ a detrimen~ to surromnding neighborhoods. Also
tha~ it would no~ apply zo househol~ help.
},ioved by Klingelhofe2~ seconded by Ring~ that the
Council accept the Household 0ccu~azion ReDor~ ix~
!rinci~le and tha~ the Plannin~ CSmm~ssion proceed
in this matter° Carried.
3. .PHASE III OF GENERAL PLAN PROGRAM
Request from Plamming Commission for auzhori-
za~ion ~o proceed v~th Phase III of the Generan
Plan Program. -
ticred by Ring~ seconded by ~iller~ that the City
~nd County staffs be authorized %o proceed with
Phase III of the General Plan Program. Carried
4, APPROVAL OF DEMANDS
l~oved by Ring~ seconded by Klingelhofer tha~ Demands
mn the amoun~ of ~54~232o9a be apDroved and ~aid,
~arrisdo
VIII,
REPORTS & ~he followmug reports were received by the Council~
0THER
BUSINESS 1. Newsle~er
2. Building ~ermit ~epor~ for the month of
June~ 1966.
3, Fire Depar~men~ Repor~ for the month of
~iay~ 1966,
IX,
CORRES- Following Correspondence received - no action taken
PONDENCE
1. Departmenz of Alcoholic Beverage
2. ~Ietropolitar~ ~a~er Distric~
3. irvine Corporation
Council 5Iinu~es
7/~/66 Pg. 9
~ir. Ring took special notice of the letter from
the League of California 0ities~ congratulating
}.{r. Gill on the City Budget which will be included
in the League Library.
X.
ADJOURN-- Eayor Mack declared the meeting adjourned to a
MENT Personnel Session.
Present:Conncilmen, City Administra~or~ City
At~orneX~ City Clerk.
ZToved by ~liller, seconded by Coco, that the meeting
be adjourned. Carried.
C~TY CLERK