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HomeMy WebLinkAboutPC Minutes 06-09-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JUNE 9, 1997 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Mitzman INVOCATION: Tustin Police Chaplain, Rev. Lloyd Strelow Commissioners Present: Lou Bone, Chairman David Vandaveer Steve Kozak Howard Mitzman Leslie Pontious Staff Present: Daniel Fox, AICP, Senior Planner Lois Bobak, Deputy City Attorney Karen Peterson, Associate Planner Barbara Reyes, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the May 27, 1997 Planninq Commission Meetinq. Commissioner Kozak moved, Vandaveer seconded, approval of the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Variance 97-001 and Desiqn Review 97-013 OWNER: APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: PATRICK F. CADIGAN THE CADIGAN FAMILY TRUST 323 MORNING STAR LANE NEWPORT BEACH, CA 92660 JILL CANTRELL GREENWOOD & SON 440 W. FIRST STREET, SUITE 201 TUSTIN, CA 92780 15481 WILLIAMS STREET MULTIPLE FAMILY RESIDENTIAL (R-3) THIS PROJECT IS DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO INSTALL A WROUGHT IRON FENCE UP TO A MAXIMUM OF FOURTEEN (14) FEET ALONG THE REAR AND SIDE PROPERTY LINES AT AN EXISTING APARTMENT BUILDING COMPLEX. Planning Commission Minutes June 9, 1997 Page 2 Recommendation - That the Planning Commission adopt Resolution No. 3523 approving Variance 97-001 and Design Review 97-013. Presentation: Karen Peterson, Associate Planner The Public Hearing opened at 7:05 p.m. Commissioner Kozak asked the length of the fence on the south and west sides. Karen Peterson stated the total length was 940 lineal feet each side being approximately 470 feet. Commissioner Mitzman asked if the hold harmless clause in Condition 1.5 of Resolution No. 3523 included reimbursement for legal fees should the City be sued due to the nature of this fence. Lois Bobak, Deputy City Attorney, stated that the indemnity clause which is a standard condition of approval is intended to be an indemnity from a law suit in which an individual challenges the approvals. It is not intended to be an indemnity if someone were injured on this property and alleges that it was related to this specific approval. The City would have statutory immunity and would not require that the property owner defend the City. Jill Cantrell, the applicant, stated she has managed Monterey Pines apartments for the past two years. She reported that one out of five tenants encounter vehicle break-ins within the first week of residency. She stated that they have gates which are chained shut but people go over them and come up from the Orange County flood channel. Since this property is a short cut to Park Place and Nantucket Apartments, everyone goes through instead of going around. They are trying to keep the property safe for the residents and although the fence would not prevent everything, it will help. Commissioner Bone stated he had inspected the property and spoke to the property manager and that the fence is needed. He found that conditions on the flood channel property are deplorable with broken fences, graffiti through the channel and behind the school, shopping carts strewn along the side. He would like to see the County of Orange take some responsibility to maintain their property in a safe and healthy manner. He asked if motion lights could be installed within the apartment complex. Jill Cantrell stated that would be a good idea and also inquired if they could smear bear grease on the fence to make it more difficult to get over the fence. Lois Bobak recommended that no action of that nature be taken without first consulting with the Police Department. Commissioner Bone stated that he contacted Supervisor Wilson's office and tomorrow they will visit the property together. Commissioner Pontious stated she has seen the property and knows that the problems are on-going. She applauded the applicant for taking steps to improve the situation. Commissioner Vandaveer asked what was to stop people from approaching the property from the side or back where the fence is not being installed. Jill Cantrell stated that the channel is not exposed there, it stops approximately 100 feet from the corner of their property. Planning Commission Minutes June 9, 1997 Page 3 Commissioner Kozak stated that this was just another example of the cost of crime. It is a normal expectation to live in a safe environment, he supports the project. He stated that the flood control offices can address this issue at both ends of the channel and feels the board offices will be responsive. Lois Bobak reminded the Commissioners that the issue before them was the approval/disapproval of the Variance. The flood control channel issue has not been agendized. The Public Hearing closed at 7:20 p.m. Commissioner Vandaveer moved, Pontious seconded, to approve Variance 97-001 and Design Review 97-013 by adopting Resolution No. 3523. Motion carried 5-0. REGULAR BUSINESS: 3. Status of Abandoned Siqn Poles at 13922 Red Hill Avenue Presentation: Daniel Fox, AICP, Senior Planner Commissioner Bone asked the height of the poles and if a new owner would have the right to retain the present height if these poles were removed. Staff stated the height was about 65 feet. The sign code allows for freeway identification signs up to 24 feet in height. The Conditional Use Permit process for a sign program would deal with special circumstances and development standards. Carl Greenwood, 440 West First Street, stated that the Center is in escrow with the same situation as in February but the matter could come together any minute. He is not participating in the escrow process. Commissioner Vandaveer asked if he realized that since there has been no action on this matter the City is asking for removal of the sign poles. Carl Greenwood affirmed and stated that Mr. Pankey was also aware of it. Commissioner Vandaveer moved, Pontious seconded, to receive and file this report. Motion carried 5-0. STAFF CONCERNS: Report on Actions taken at the June 2, 1997 City Council Meetinq. Senior Planner, Daniel Fox, AICP, reported on the subject agenda and in particular the expansion of the Cultural Resources District. Commissioner Bone asked how many homes would be affected. Daniel Fox stated about 50 to 60 homes. Commissioner Vandaveer asked if this was all residential or was there some commercial property involved. Daniel Fox stated it was all residential. Planning Commission Minutes June 9, 1997 Page 4 COMMISSION CONCERNS: Commissioner Pontious Reported that although a recent article in the Orange County Business Journal downplayed the film industry use of the Base, the Base Marketing Committee is working with the Orange County Film Commission and the movie studios are interested in filming at the Base. Suggested agendizing a Base activity report by Christine Shingleton, Assistant City Manager, to update the Commission on the current activities of the Base Marketing Committee. Complimented the Chamber of Commerce on the State of the City luncheon. Commissioner Mitzman Inquired if the tarps at Sycamore Glen could be painted to match the roofs of the homes. Staff will investigate the terms of the Property Maintenance Ordinance and continue to work with the Homeowner's Association to address the visual concerns of the community related to the project. Reported that the Noise Ordinance is being violated at 5:00 a.m. in the morning and on Sundays by construction at the old high school site and asked if Code Enforcement could be stationed at the location to cite violators. He stated that reporting this to the Police Department does not help since the actual violators are gone when the police arrive. Staff stated that the City has indicated to the builders a zero tolerance for violation of the Noise Ordinance and that they are aware of the requirements. Staff will communicate Commissioner Mitzman's concern to the Watch Commander. Commissioner Kozak Thanked staff for taking care of the Lucky Supermarket sign repair. Commissioner Vandaveer Inquired if there was an error on Item No. 3 of the June 4, 1997 memo of various issues/concerns from the May 27, 1997 Planning Commission meeting, stating that the hours seem too restrictive for loading/unloading activities. Staff indicated that the times should read after 7:00 a.m. and before 9:00 p.m. Commissioner Bone Stated that the City of Orange also has a property maintenance issue which they are currently working on. Asked if the Marie Callendar's on First Street was now a restaurant. An A-frame sign has been placed in front which states that a Cafe is now open. Planning Commission Minutes June 9, 1997 Page 5 Staff stated that a catering firm now occupies the location and this concern will be investigated. Thanked the Field Services staff for cleaning up the weeds at the Sports Park and applauded the idea of the umbrellas for the benches. Asked that the Orange County Flood Control channel concern be agendized. Staff will agendize this matter and prepare a status report for the next meeting of the Commission. AD JOIIRNME~: Commissioner Vandaveer moved, Pontious seconded, to adjourn the meeting at 7:44 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on June 23, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. LOU BONE Chairman BARBARA REYES Recording Secretary