HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 05-02-83TUSTIN PLANNING COMMISSION
REPORTS
No. 1
5-2-83
ACTION AGENDA FOR REGULAR MEETING
April 25, 1983 7:30 p.m.
CALL TO ORDER at 7:35 p.m.
PLEDGE OF ALLEGIANCE AND INVOCATION
ROLL CALL Comissioner Puckett absent
APPROVAL OF MINUTES FOR MEETING HELD
with Comisstoner gel1 abstaining
PUBLIC HEARINGS:
1. USE PERMIT 83-4
Applicant:
Location:
Request:
April 11, 1983 - As submitted
A.W. Johnson, Jr. on behalf of Thrifty Oil Company
101N. Tustin Avenue
Authorization to construct and operate a mini-mart
within the area formerly used as lube bays in an
existing service station.
With the presentation of the staff report, Mr. Warren stated that
because of on-site traffic circulation and parking considerations
still to be resolved, the applicant had requested a continuance to
the next regular meeting.
Motion to continue the hearing to the next regular meeting carried
unanimously.
2. AMENDMENT TO USE PERMIT 82-12
Edward Starnes on behalf of Ski Fever
17292 McFadden Avenue, Suite K in the Tustin Walnut
Village.
Authorization to increase the number of video
machines from 26 to 30
Applicant:
Location:
1. The proposal meets the floor area criteria
established by the City Council.
2. No problems have resulted from the establishment
and/or operation of the arcade.
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Notice was given to surrounding property owners and
to other businesses in the center and no opposition
has been expressed by adjacent property owners or
tenants.
Request:
Findings:
4. The additional machines would have no potential
significant t~act on the environment.
Planning Commission Action Agenda
April 25, 1983
Page 2
ActtOn:
Approval of the request to tncrease the number of video
machtnes from 26 to 30 by the adoptton of Resolution No.
2088.
Vote:
4-0 AYES: Sharp, Mnslie, getl, White
NOES: None
ABSENT: Puckett
PUBLIC CONCERNS:
Nofle.
OLD BUSINESS:
None.
NEW'BUSINESS:
Findings:
Actton:
Vote:
Final Tract Map 11586
The ftnal nap dtffered free the tentative because
of the deletton of a traffic ctrcle and a tree on
the ftnal map, and alignment of lot 11nes.
The changes represented a deviation ~htch could
affect the eventeal trafftc flo~ on the street and
the aesthetics of the development.
gtth the exception of the traffic ctrcle, tree and
alignment of lots I & 10, the ftnal map ~as tn
substantial conformance ~ith the tentative.
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The applicant should be allo,ed to resolve the
differences through staff level negotiation tn
order for the map to be presented at the next City
Counct1 meettng as betng In compliance wtth the
tentative map at the time of presentation.
Ftnd that Ftnal Tract Map 11586 ts tn substantial
conformance wtth Tentative Tract Nap 11476, wtth the
exceptions as noted. Therefore, recommend approval of
the Ftnal Map to the City Counctl with the condition that
the differences be resolved prtor to the Ctty Counctl
meettng of May 2, 1983.
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AYES: Sharp, Atnslfe, ~etl, White
NOES: None
ABSENT: Puckett
Planning Con~nlsslon Action Agenda
April 25, 1983
Page 3
2. Extension of Use Permit 82-6
Location: 165 N. "B" Street
Findings: 1.
That the size of structure to be added (562 square
feet) warrmnted additional on-site parking.
The property does not currently provide a two-car
garage as now required in the single-family
di strict.
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Plot plans submitted with the original did not
fully indicate the property tmprove~nts to show
m carport and accessory structures.
Because of the the lot size, location of the
existing structure, and addition of the guest .home,
to require a two-car garage would present physical
and aesthetic proble~ out of proportion to any
possible parking problem.
The addition of a cement slab, adajacent to the
north side of the existing garage would relieve the
Co,mission concerns regarding on-site parking and
not cause the applicant undue hardship.
Action:
Approve extension of Use Permit 8~-6 for a period of 3
months with the condition that additional parking be
provided in the form of a cement slab adjacent to the
north side of the garage.
Vote: 3-1
RYES: Sharp, Atnslte, Wetl
gOES: White
ABSENT: None
STAFF CONCERNS:
1. Report of Council actions, April 18, 1983
Report received and filed.
COMMISSION CONCERNS:
NONE.
ADJOURNMENT: At 9:24 p.m. to next regulars..ting.
OATE:
April 25, 1983
~ PD~LIC HEARING NO. 1
Inter - C om
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
Alan Warren, Senior Planner ~'
Use Permit 83-4
Applicant:
Location:
Request:
A.W. Johnson, Jr. on behalf of Thrifty 0il Company
101 North Tustin Avenue
Authorization to construct a mini-market within the structure
of an existing service station
DISCUSSION
The applicant has requested a continuance of this matter until the May 9,
1983 meeting. The additional time is being requested to resolve some site
problems prior to bringing the design to Commission.
RECOMMENDED ACTION
Open the public hearing for public input and continue the open hearing to
the next regularly scheduled meeting.
AGW:jh
THRIFTY OIL CO.
April 18, 1983
City of Tustin Planning Agency
300 Centennial Way
Tustin, California 92680
Gentlemen:
This is to request a continuance of the hearing for VP83-4 from
April 25, 1983, to the next regular scheduled City Planning Agency meeting.
The additional time will allow us to work with the City Planning
Department toward a mutually acceptable site plan.
Sincerely
THRIFTY OIL CO.
10000 Lakewood Boulevard Downey California 90240 (213) 923-9876 (714) 522-3244
:)ATE:
April 25, 1983
PUBLIC HEARING NO. 2
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
Ed Knight, Associate Planner
Amended Use Permit 82-12
Applicant:
Location:
Zoning:
Request:
Edward Starnes
17292 McFadden, Suite K
C-1
To add a total of four additional video arcade games to an
existing operation
RECOI~IENDED ACTION
Staff recon~ends that the Planning Commission grant the four additional
video games, by the adoption of Resolution No. 2088.
BACICGROUND
On June 21, 1983, a conditional use permit to operate an arcade was granted
to Edward Starnes, owner of Ski Fever and Arcade. The Planning Agency
initially granted approval for twenty games, with a provision to add six
more games after ninety days. Those six games were granted on October 27,
1983. The Use Permit is subject to review after one year of operation.
The applicant is requesting that four additional video games be granted in
order to bring his establishment in parity with Tustin Lanes and a pizza
parlor in Larwin Square, both of which have thirty games.
In the June 21, 1983 report to the Agency,' the staff recon~nended that
because of the size and location of the shopping center, only a maximum of
thirty games should be considered.
DISCUSSION
Staff cannot consider parity with other businesses in the City as a
reasonable rationale to grant the additional games, but can review this
request based on the merit of the existing operation.
Staff has received no complaints concerning the operation of the arcade
from either the surrounding residential areas or the adjacent businesses.
An on-site inspection showed that the area surrounding the business was
neat and well-kept. The applicant has supplied more bike racks than
requested, and they have been installed so as to not obstruct pedestrians.
From all appearances, the business seems to be unobtrusive and well-kept.
Chairman & Commission
April 25, 1983
Page 2
The police department did not comment on the proposed addition of video
games.
CONCLUSION
Therefore, staff can recommend that the Commission grant the additional
four video games to bring the total number of games to thirty. Staff
further recommends that the maximum number of games be held at thirty.
This is based on the earlier staff report (June 21, 1982) that because of
size and location of the center, the number of machines be limited to
thirty.
EMK:jh
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RESOLUTION NO. 2088
A RESOLUTION OV THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AMENDING USE PERMIT 82-12
TO AUTHORIZE THE ADDITION OF FOUR VIDEO ARCADE
GAMES TO AN EXISTING ARCADE AT 17292 MCFADDEN, SUITE K
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, (Amended Use Permit
82-12) has been filed by Edward Starnes requesting
authorization to add four video arcade games to an
existing arcade at 17292 McFadden, Suite K.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use,
evidenced by the following findings:
1. The proposed use is in conformance with the Tustin.
Area General Plan.
2. The proposed use is in conformance with the City of
Tustin Zoning Ordinance, as amended.
D. That the establishment, maintenance and operation of
the use applied for will not be injurious or detrimental
to the property and improvements in the neighborhood of
the subject project, nor to the general welfare of the
city of Tustin, and should be granted.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council;
Uniform Building Codes as administered by the Building
Official; Fire Code as administered by the Orange County
Fire Marshal; and street improvement requirements as
administered by the City Engineer.
F. This project is categorically exempt from the
requirements of the California Environmental Quality
Act.
G. Final development plans shall require the review and
approval of the Community Development Director.
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Resolution No. 2088
April 25, 1983
Page 2
II.
The Planning Commission hereby approves amended
Conditional Use Permit No. 82-12, to authorize the
addition of four video games to an existing arcade at
17292 McFadden, Suite K, subject to the following
conditions:
A. All conditions of Resolution No. 2038 shall remain in
force.
B. Condition II(C) of Resolution No. 2038 is hereby
amended to limit the maximum number of machines to
thirty.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the day of , 1983.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
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DATE:
TO:
FROM:
SUBJECT:
April 25, 1983
NEW BUSINESS NO. 1
! nter - C om
Honorable Chairman & Planning Commission Members
Mary Ann Chamberlain, Associate Planner ~
Final Tract Map 11586
Applicant: Tustin Townhomes II (U.C.O.)
Location: 14512 Holt Avenue
BACICGROUND & DISCUSSION
Subject final map consists of ten (10) numbered and three (3) lettered lots
on .9+ acres which was previously known as Phase I. The zoning is R-3 3000
with an overlay of Specific Plan No. 6.
Recent actions on this property were:
1. Annexation to the City on April 20, 1981, known as Holt/Hamala
Annexation No. 127.
2. General Plan Amendment (80-2) from Single-Family to Multiple-Family
approved on December 15, 1980.
3. Prezoned to R-3 3000 on January 19, 1981.
4. Specific Plan No. 6 approved for these properties on May 4, 1981.
5. Approval of Use Permit 81-12 and subsequently extended until May 18,
1983.
This map is in conformance with the Tustin Area General Plan and in
substantial compliance with the tentative map.
The plan is to ultimately develop 20 townhomes, ten in Phase I (Final Tract
11586) and ten in Phase II (Tentative Tract Map 11476).
RECO~NDED ACTION
Recommend approval of Final Tract 11586 to the City Council by the adoption
of Resolution No. 2089.
MAC:ih
10 L~8 & LOT~ A,B A C
PORTION OF TENT. TR. 1147I
5GALE: 1' ' 20'
NEWPORT' AVE.
TRACT NO 11586
IN THE CITY OF TUSTIN, COUNTY OF
ORANGE, STATE OF CALIFORNIA.
MONUMENTATION NOTE-q BASIS OF BEARINQ8
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RESOLUTION NO. 2089
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING APPROVAL OF
FINAL TRACT NO. 11586
The Planning Commission of the City of Tustin does hereby resolve
as follows:
I. The Planning Commission of the City of Tustin finds and
determines as follows:
That Final Tract Map No. 11586 was submitted to the
Planning Commission by Jack P. Norris on behalf of
Tustin Townhomes II for the purpose of creating a
lO-lot subdivision for residential purposes from the
north half of lot 10 of the Vanderlip and Rowan Tract
as shown on a map recorded in Book 5, Page 160 of
Miscellaneous Records of Los Angeles County.
B. That said map is in conformance with the Tustin Area
General Plan.
A negative declaration was previously approved to
comply with the requirements of the California
Environmental Quality Act.
D'. That the final map is in substantial compliance with
.with the tentative map (No. 11476).
II. The Planning Commission hereby recommends to the City
Council approval of Final Tract No. 11586, subject to the final
approval of the City Engineer.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the day of , 1983.
James B. Sharp, Chairman
Janet Hester
Recording Secretary
DATE:
April 25, 1983
NEW BUSINESS NO. 2
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
Community Development Department
Use Permit 82-6
Applicant:
Location:
Request:
Jeanne C. Aldrich-Ames
165 N. "B" Street
Extension of Use Permit 82-6 for an additional three-month
period
BAOCGROUND & DISCUSSION
In May, 1982, the Planning Agency approved Use Permit No. 82-6, authorizing
the construction of a 562 square-foot guest house at 165 N. "B" Street.
The use permit is due to expire on May 2, 1983 and the applicant is still
working on completing the plan check drawings and deed restrictions as
required by the Planning Agency. The construction plans have been
processed through the initial plan check and they were just recently
returned to the architect for corrections.
During the plan check phase, a discrepancy was noted in the use permit
proposals depiction of the existing structure. A survey of the site.
indicates a garage/storage structure larger than the sixteen {16) foot
stucture shown on the original exhibits. This action of reducing the size
of the existing garage would constitute an increase in the degree of
non-conformity.
FINOINGS & CONCLUSIONS
Because of the apparent discrepancy in the original plan and in the
existing features the proposal should be reconsidered.
RECOPlMENDED ACTION
Denial of an extension of Use Permit No. 82-6.
AGW:jh
c.
AIArich-Ames
7;4 838-cr3 6
April 18, 1983
Tusttn Planning Agency
300 Centennial Way
Tust~n, CA 92680
Gentlemen:
Subject: Use Permit 82-8, 165 Nor'th 'B~ Street
A request ts hereby made to the Tustin City Planning Agency for a
three (3) month extension o¢ Use Per'mit 82-6 authorizing the con-
str-uction of an accessor~¢ building to be used as a guest room at
165 Nor-th 'B? Street, per Resolution No. 2027, dated May 3, 1982.
Plans for said construction are curr`entty in Plan Check and the
request:' for' extension is to allow for` time to secur'e att necessary
documentation requested.
Very tr`uly yours,
ne C. Aldr'ich-Ames
JCAA:ne
DATE:
May 3, 1982
PUBLIC HEARING NO. 1
Inter -Corn
TO:
FROM:
S UBd ECT:
Honorable Chairman & Planning Agency
Community Development Department
Use Permit 82-6
Applicant:
Location:
Request:
David Moftakhar
165 North "B" Street
Authorization to build an accessory building of 562 square
feet with no kitchen facility
BACKGROUBO & DISCUSSION
The applicant is requesting authorization to construct an accessory
building (for guest room with no kitchen) behind an existing single family
dwelling which is in an R-1 Single Family District.. Section g223b3, of the
Tustin City Code states:
Accessory buildings used as guest rooms, providing no cooking
facility is installed or maintained subject to use permit with
the following zoning standards:
a. Maximum Height: 20 feet
b. Maximum Lot Coverage: 30 percent of rear yard
c. Minimum Front yard setback: 50 feet, unless otherwise
indicated on Zoning Map
d. Minimum Side yard setback: Corner lot line: 10 feet,
interior lot line: 5 feet
e. Minimum Rear yard setback: 5 feet
The enclosed site plan and elevations meet the requirements of the zoning
code section. If the use permit is approved, it is suggested that the
following conditions be imposed:
1. The unit is strictly a guest house and cannot be used as a rental or
leased unit. (No kitchen allowed.)
Chairman & Planning Agency
May 3, 1982
Page 2
2. Developer will be responsible for the construction of any missing or
damaged street improvements which shall include, but not be limited to,
the following:
a. Curb and gutter
b. Sidewalk
c. Drive apron
d. Street trees
e. Street lights with underground conduit
3. A grading permit shall be submitted for review and approval.
ACTION
Staff recommends that the Planning Agency approve Use Permit 82-6 by the
adoption of Resolution No. 2027.
MAC:ih
4-26-82
1
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fol 1 ows:
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RESOLUTION NO. 2027
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, GRANTING A CONDITIONAL USE
PERMIT ON APPLICATION NUMBER U.P. 82-6 AT
165 N "B" STREET
Agency of the City of Tustin does hereby resolve as
The Planning Agency finds and determines as follows:
A. That a proper application (U.P. 82-6) was filed on
behalf of David Moftakhar for a Conditional Use Permit
to allow a guest house of 562 square feet, without
kitchen facilities, on property at 165 N. "B" Street.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance and operation of the
use applied for will not, under the circumstances of
this case, be detrimental to the health, safety, morals,
comfort or general welfare of the persons residing or
working in the neighborhood of such proposed use,
evidenced by the following findings:
1..That the ute applied for is in conformance with both'
the Tustin Zoning Code and the Tustin General Plan.
That guest house cannot be used as a rental or
leasing unit and is to bo used only for family and
guests.
3. No kitchen facilities may be installed.
O. That the establishment, maintenance and operation of
the use applied for will not be injurious or detrimental
to the property and improvements in the neighborhood of
the subject project, nor to the general welfare of the
city of Tustin, and should be granted.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council;
Uniform Building Codes as administered by the Building
Official; Fire Code as administered by the Orange County
Fire Marshall; and street improvement requirements as
administered by the City Engineer.
F. Final development plans shall require the review and
approval of the Community Development Director.
G. That this project is categorically exempt from the
requirements of the California. Environmental Quality
Act.
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Hay 3, 1982
2 Page 2
II.
The Planning Agency hereby approves Use Permit No. 82-6
as appl.ied for, to allow for a guest house of 562
square feet without kitchen facilities, subject to the
following conditions:
Ao The unit is strictly a guest house and cannot be used
as a rental or leased unit. (No kitchen allowed.)
B. Developer will be responsible for the construction of
any missing or damaged street improvements which shall
include,but not be limited to, the following:
a. Curb and gutter
b. Sidewalk
c. Drive apron
d. Street trees
e. Street lights with underground conduit
C. A grading plan shall be submitted for review and
approval.
O. Prior to-issuance of any building permits a copy of
a recorded deed restriction prohibiting kitchen
facilities and use of the structure as a rental unit
must be on file with the Community Development
Department.
PASSED AND ADOPTED at,anregular
Agency held on the~L day of
m~eting of the Tustin Planning
, 1982.
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4-26-82
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DATE:
April 25, 1983
STA~ F CONCERN
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Commission Members
R,K. Fleagle, Acting Community Development Director
Report of Council and Redevelopment Agency Actions
On April 18, 1983, the City Council took the following actions relating to
Planning Commission concerns:
1. Introduced Ordinance 886 changing the zoning from R2 and R4 to CG-PUD
for the properties located on Andrews and San Juan.
Introduced Ordinance 887 changing the zoning from R1 to PC-PR for the
properties located at 1252 Irvine Boulevard. (The Council noted the
Planning Commission's recommendation that the access to these lots be
aligned with the signalized intersection.)
3. Approved a sign exception for a reader board at the Barn Restaurant,
14982 Redhill, subject to design conditions.
Appealed the findings of the Commission related to the Tustin Heights
Shopping Center parking and sign plan and scheduled the matter for May
16, 1983 (see attached letter).
5. Rescheduled the joint meeting with the Planning Commission from May 9 to
May 23, 1983 at 6:00 p.m.
6. Rescheduled the presentation of the Recreation Element of the General
Plan to 4:00 p.m., May 16, 1983.
7. Approved the retail store expansion at 601-607 E1Camino Real subject to
conditions related to property lines and fire code.
8. Tabled the recommendation for RDA fund contributions to Tustin Heights
Shopping Center drive access pending review of parking and signing.
RKF:jh
April 19, 1983
Department of Community Development
Mr. Robert E. Kleban, Property Manager
Rosenberg Real Estate Equity
3435 Wilshire Boulevard, Suite 2330
Los Angeles, California 90010
Subject: Tustin Heights Shopping Center
Dear Mr. Kleban:
On April 18, 1983, the Tustin City Council reviewed the action of
the Planning Commission as related to the parking lot design and
the free-standing pole sign. The Council has reservations
concerning these items and the findings of the Planning
Commission. In particular, the concerns relate to the height,
lighting intensity, and design features of the sign.
The Council has'filed an appeal, on their own motion, tO the
findings of the Planning Commission.
The parking lot design and free-standing sign will be scheduled
as a New Business item on the City Council meeting agenda for
7:00 p.m., May 16, 1983. You are invited to be present at that
meeting to provide any testimony you may have in support of your
proposal.
If you have any questions, please do not hesitate to contact me.
Si ncerel y,
R. Kenneth Fleagle
Acting Community Development Di rector
RKF:jh
cc:
W. Heath And Company
City Council Members
Planning Commission Members
City Manager
City Attorney
$00 Centennial Hay * Tustin, California 92680 · (714) 544-8890