HomeMy WebLinkAboutPC Minutes 03-28-94MINUTES
TUST'rN PLANNING COMMISSION
REGULAR MEETING
M~RCH 28, 1994
CALL TO ORDER:
7:02 p.m., City Council Chambers
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL:
Present: Weil, Baker, Butler, Kasalek,
Stracker
PUBLIC CONCERNS:
(Limited to 3 minutes per person for items not
on the agenda.)
At this time members of the public may address
the Commission regarding any items not on the
agenda and within the subject matter
jurisdiction of the Commission (NO action can
be taken off-agenda items unless authorized by
law).
IF YOU WISH TO ADDRESS THE COMMISSION ON ANY
MATTER, PLEASE FILL OUT ONE OF THE CARDS
LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR
REMARKS ON THE TAPE RECORDING OF THE MEETING
CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO
ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL
NAME AND ADDRESS FOR THE RECORD.
CONSENT CALENDAR:
(ALLMATTERS 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 March 14, 1994 Planning Commission meeting.
Commissioner Kasalek moved, Butler seconded, to approve the Consent
Calendar. Motion carried 5-0.
PUBLIC HEARINGS:
IF YOU CHALLENGE AN ITEM CONSIDERED AT A
PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO
RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE
RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS
AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED
TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE
PUBLIC HEARING.
2. Vesting Tentative Tract Map 14168 and Design Review 93-030
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
CALIFORNIA PACIFIC HOMES
5 CIVIC PLAZA, SUITE 100
NEWPORT BEACH, CA. 92660
BAYCREST DEVELOPMENT
5 CIVIC PLAZA, SUITE 100
NEWPORT BEACH, CA. 92660
LOTS 28 AND PP OF AMENDED MAP NO. 1 OF TRACT 12870,
NORTHWEST CORNER OF TUSTIN RANCH ROAD AND TOWNSHIP
DRIVE
PLANNED COMMUNITY RESIDENTIAL - (MEDIUM DENSITY
RESIDENTIAL) - EAST TUSTIN SPECIFIC PLAN
Planning Commission Minutes
March 28, 1994
Page 2
STATUS:
REQUEST:
THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED
EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO
ADDITIONAL DOCUMENTATION IS REQUIRED.
AUTHORIZATION TO SUBDIVIDE 10.582 GROSS ACRES INTO
69 NUMBERED LOTS TO ACCOMMODATE 69 SINGLE FAMILY
DETACHED DWELLINGS AND 17 LETTERED LOTS FOR
LANDSCAPING AND PRIVATE STREETS.
Recommendation - It is recommended that the Planning Commission
take the following actions: 1. Approve the Environmental
Determination for the project by adopting Resolution No. 3239;
2. Approve Design Review 93-030 by adoption of Resolution No. 3240,
as submitted or revised; and 3. Recommend to the City Council
approval of Vesting Tentative Tract Map 14168 by adoption of
Resolution No. 3241, as submitted or revised.
Presentation: Becky Stone, Assistant Planner
Commissioner Weil asked if the sister project contained slump stone
fences.
Staff stated that the sister project contains the wood production
fences.
Commissioner Stracker asked if the sister project also included "Z"
lots.
Staff replied, "yes".
The Public Hearing opened at 7:10 p.m.
Douglas Woodward, California Pacific Homes, noted that originally
this project was designed along with Lot 8 as one continuous
project with "Z" lots but following that, 120 condominium units
were approved. Now, because of the current market they have
changed their position and have returned to the original plan. In
doing so they have decreased the density. The projects are called
San Miguel I and II and ultimately will contain a total of 138
units. The present proposal is a sister project to the first.
The model complex currently operated with continue throughout the
life of both tracts and the recreation area will be utilized by
both tracts and linked by a pedestrian paseo. There are two items
in which they disagreement with staff, 1) The request for block
walls. (It is important to them to have consistency in both tracts
and the other tract contains wood fences) and, 2) locking mail
boxes. (Since the other tract was approved with no mention of
locking mail boxes and also they feel there is not a ready supply
of adequate product).
Commissioner Stracker asked that if the Planning Commission
requested masonry walls, would they be willing to install them in
the adjacent tract as well.
Mr. Woodward stated that he did not have the authority to accept
that condition.
Commissioner Weil asked to see the fence model.
Mr. Woodward showed and explained the fence model.
Commissioner Kasalek asked if the homeowner would be responsible
for painting the fence following the original paint application by
California Pacific.
Planning Commission Minutes
March 28, 1994
Page 3
Mr. Woodward noted that the CC&R's state that the homeowner is
responsible for maintaining the rear yard fences.
Commissioner Stracker asked if the offset nature of the entry
roadway had been looked at with regard to traffic entering it and
the adjacent roadway.
Staff noted that there were no concerns as it is shown.
Commissioner Butler asked if both sides of the fence were
identical.
Mr. Woodward replied "yes".
The Public Hearing closed at 7:25 p.m.
Commissioner Baker asked if locking mailboxes and the numbers of
boxes listed were a requirement of the postmaster.
Staff stated that the language in Condition 4.10 for locking
mailboxes has been stipulated as policy direction by City Council.
In regard to the number of mailboxes, this item will be brought
back to the Planning Commisson for more detail and review.
Commissioner Kasalek commented that she had looked for a locking
mailbox for her own use and had not found an acceptable product on
the market. She would have a problem imposing a condition if a
product were not available.
Staff noted that there is product available and that there was
clear direction from City Council that locked boxes were desired.
Commissioner Weil was concerned that small packages may not fit in
these mail boxes causing an inconvenience in having to continually
go to the post office and also thinks that locked boxes will send
a negative message to the future buyers of the area such as areas
where bars are on the windows of homes. Since the tract has locked
gates, she does not feel that locked mailboxes are also needed.
Commission Butler is not in favor of locked mailboxes, and has no
problem with the wood fence.
Commissioner Stracker prefers masonry fences.
Commissioner Kasalek is not in favor of wood fences if the
homeowner must maintain them instead of the Homeowners Association.
The Public Hearing opened at 7:38 p.m.
Jon Robertson, California Pacific Homes, noted that the CC&R's
provide enforcement for requiring maintenance of the entire
project.
The Public Hearing closed at 7:44 p.m.
Commissioner Butler indicated that he was aware of some projects in
Yorba Linda with problems and noted that the grading map indicated
a 60 to 75 percent fill and asked if there were certain percentages
required for projects.
Staff noted that a compaction percentage was required by the
Grading Ordinance, Building Code and Grading Manual. All projects
are tested and certified by Soils and Civil Engineers before a
single pad is certified, in both rough and precise grading. It was
il] I ---Trl-' '
Planning Commission Minutes
March 28, 1994
Page 4
noted that certification can only be as good as the engineer
performing the service. The City of Tustin has a good inspection
process but some problems cannot be avoided if work is done
improperly by an engineer.
Commissioner Butler moved, Baker seconded, to approve the
Environmental Determination for the project by adopting Resolution
No. 3239 as submitted. Motion carried 5-0.
Commissioner Butler moved, Baker seconded to approve Design Review
93-030 by adopting Resolution No. 3240 revised as follows, Exhibit
A, page 2, paragraph 1, No. B, 3rd line, "waster" should read
"water", Condition 3.11 on page 4 should be removed. Condition
4.10, page 7, should be modified to read as follows, "mailboxes
shall include methods to ensure security provisions with locking
devices where an acceptable manufactured product is available,
subject to the review and approval of the Community Development
Director. Said mailboxes shall also meet the requirements of the
postmaster.Motion carried 5-0.
Commissioner Butler moved Baker seconded to recommend to the City
Council approval of Vesting Tentative Tract Map 14168 by adopting
Resolution No. 3241 revised as follows, Exhibit A, page 13,
paragraph E, second line, add "statement to be signed by each
tenant home buyer". Condition 1.1, page 1, No. H, the word
"waster" should be changed to "water". Motion carried 5-0.
3. Conditional Use Permit 92-038 and Design Review 92-050
APPLICANT:
LANDOWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
FRONTRUNNER HOMES
1200 QUAIL STREET, SUITE 100
NEWPORT BEACH, CA 92660
FRANAGOFIN, A LIMITED PARTNERSHIP
505 N. TUSTIN AVENUE
TUSTIN, CA 92705
THE SOUTHERLY SIDE OF EL CAMINO REAL, APPROXIMATELY
450 FEET EAST OF NEWPORT AVENUE
COMMERCIAL GENERAL (CG) DISTRICT
IT HAS BEEN DETERMINED THAT THE NEGATIVE
DECLARATION, PREPARED IN ACCORDANCE WITH THE
PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AND CERTIFIED ON MARCH 22, 1993, ADEQUATELY
ADDRESSES ENVIRONMENTAL CONSIDERATION ASSOCIATED
WITH THE PROJECT. NO ADDITIONAL ENVIRONMENTAL
DOCUMENTATION WILL BE REQUIRED.
MODIFICATION TO CONDITIONS OF APPROVAL TO ALLOW AN
EXTENSION OF TIME TO THE EXPIRATION DATES FOR
CONDITIONAL USE PERMIT 92-038 AND DESIGN REVIEW 92-
050.
Recommendation - It is recommended that the Planning Commission
adopt Resolution Number 3244, as submitted or revised: 1.
Approving a modification to Condition No. 1.3 of Planning
Commission Resolution No. 3132 to allow a twelve (12) month
extension through March 22, 1995 to obtain all building permits and
have substantial construction underway for Conditional Use Permit
92-038; and 2. Recommending to the Tustin Community Redevelopment
Agency approval of a modification to Condition No. 1.3 of Planning
Commission Resolution No. 3133 to allow a time extension to run
Planning Commission Minutes
March 28, 1994
Page 5
concurrent with Conditional Use Permit 92-038 through March 22,
1995 to obtain all building permits and have substantial
construction underway for Design Review 92-050.
Presentation: Dan Fox, Senior Planner
Commissioner Stracker asked how far along the design was and if
plans have been submitted.
Staff stated that the plans have not been seen as yet.
The Public Hearing opened at 7:56 p.m.
Mr. Vince Mayell, Frontrunner Homes, stated that plans had not yet
been submitted because of failure to find financing for the
project.
Commissioner Weil asked the applicant if he thought that 12 months
would give him enough time.
Mr. Mayell indicated that due to the current financial climate he
was not sure.
The Public Hearing closed at 7:59 p. m.
Commissioner Baker moved, Kasalek seconded, to adopt Resolution No.
3244 revised to modify the Resolution title and Sections 2 and 3 to
read, "September 1, 1995". Motion carried 5-0.
REGULAR BUSINESS
4. Design Review 93-041
APPLICANT/
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
SANDERSON J. RAY DEVELOPMENT
2699 WHITE ROAD #150
IRVINE, CA 92714
LOT 13 OF TRACT 12763, SOUTHWEST CORNER OF IRVINE
BOULEVARD AND JAMBOREE ROAD.
NC (NEIGHBORHOOD COMMERCIAL), EAST TUSTIN SPECIFIC
PLAN
THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED
EIR (85-2) AS AMENDED AND SUPPLEMENTED, FOR THE
EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL
DOCUMENTATION IS REQUIRED.
APPROVAL OF ARCHITECTURAL AND SITE MODIFICATIONS FOR
A PREVIOUSLY APPROVED RETAIL SHOPPING CENTER.
Recommendation - It is recommended that the Planning Commission
take the following actions: 1. Approve the Environmental
Determination for this project by adopting Resolution No. 3242; and
2. Approve Design Review 93-041 by adopting Resolution No. 3243,
as submitted or revised.
Presentation: Becky Stone, Assistant Planner
Commissioner Stracker asked about the speed bump design to the rear
of the facility and inquired as to what type of speed bump design
would be utilized.
Staff noted that the preliminary design has not yet been seen but
that speed "humps" would be sufficient.
Planning Commission Minutes
March 28, 1994
Page 6
Commissioner Stracker asked about parking behind lot D, stating
that it would be difficult to back out of these spaces.
Staff stated that these three spaces could be eliminated and the
parking requirement would still be met.
Mr. Gary Muran, Sanderson J Ray, will work with staff to safely
mitigate that situation. He has reviewed the conditions and
concurs except for Condition 3.1. requiring modification of the
building elevation and proposed exterior materials. He stated that
when Irvine Company entitled the property, at purchase, the south
elevations were to have a trellis treatment but it was not return
to rear.
Staff noted that this is the same condition as previously proposed,
but that the additional architectural details shall be added to the
south side and rear elevations "down" to the service area screen
wall so that below the service wall does not need embellishment.
Judie Lai, Architect for Sanderson Ray, stated that the original
design was one solid wall. Irvine Company and Donahue Schriber had
previously worked on this condition with staff and the south wall
was changed to add arches and trellis.
Staff noted that this was a correction item which had not been
taken care of and that this was the reason for Condition 3.1.
Judie Lai feels that architecturally there would be a conflict.
Staff noted that language can be added to provide flexibility to
give the architect time to address the issue
Commissioner Butler asked what the height difference was from the
side walk to the top of the wall.
Staff noted that it steps up from 7 to 10 feet.
Commissioner Stracker asked if parking was all standard width and
how much had been set aside for compact parking.
Staff stated that there were 40 compact spaces out of total 692
parking spaces.
Commissioner Stracker noted that directly opposite Pad C, there
were 5 conflicting traffic areas and 4 conflicting areas at another
location.
Staff stated that conditions of pad development would be approved
at design review and that these were only conceptual plans.
Commissioner Stracker noticed that the V over C ratio changes quite
a bit and asked what was happening across the street in terms of
what is going to be processed in the county territory.
Staff replied that the area bounded on the west by Jamboree, Culver
Avenue on the east and all the way up to Portola on the north,
south of the I-5 freeway, is an extremely large area, larger than
our East Tustin area by several hundred acres, where there will be
significant commercial development, south of Irvine Boulevard and
Bryan which will correspond with what has occurred at the Tustin
Market Place. There will be significant potential traffic issues.
Material and a schedule of activity has been received and a report
will be distributed at the next Planning Commission meeting to
summarize this information from the Irvine Company.
Planning Commission Minutes
March 28, 1994
Page 7
Commissioner Kasalek moved, Stracker seconded, to approve the
Environmental Determination for this project by adopting Resolution
No. 3242 as submitted. Motion carried 5-0.
Commissioner Kasalek moved, Butler seconded, to approve Design
Review 93-041 by adopting Resolution No. 3243 revised as follows:
Exhibit A, Page 1, Condition 1.6, eliminate "Pad A"; Condition
3.13, page 9, end of sentence, add, "in addition to numbered
addressing required by the UBC on store fronts"; Condition 4.11,
page 12, add "include the removal of six parking spaces in the area
north east of Payless Drug, incorrectly specified on the landscape
plans"; and add Condition 3.15 to read as follows, "The three
spaces at the entrance to the parking lot west of pad D shall be
redesigned to eliminate Planning Commission concerns of traffic
entering the parking lot area, subject to the approval of the
Community Development Director". Exhibit A, page 5, Condition 3.1,
should read, "Modify building elevations and proposed exterior
materials subject to approval of Community Development Director to
address the following concerns: A. Additional architectural details
shall be added to the south side and rear elevations (from building
elevation down to the service area screen wall) of Anchor & to
include, at minimum, similar built-in arches and metal trellis
elements over cement plaster consistent with the front elevation of
Anchor A." Exhibit A, Condition 3.8, last line, should read,
"stated in Condition 3.9(c) below." Motion carried 5-0.
Draft Request for Proposal for Advertisinq Bus Shelters in the
City of Tustin
Recommendation - It is recommended that the Planning Commission:
1. Review and comment on the proposed Draft Request for Proposals
for Advertising Bus Shelters; and 2. Designate a member of the
Planning Commission to be included on the Evaluation Committee that
will review proposals received during the RFP process.
Presentation: Katie Pitcher, Administrative Assistant
Commissioner Stracker noted that he did not see an area for
specific references where companies had worked previously with
governmental agencies.
Staff stated that Section B.1 asks that question and that there are
strict advertising requirements noted in the sign code regarding
alcohol and tobacco. The Commission will have full review and the
City Council full approval of advertising and removal conditions
with penalties included in the contract. Provisions are also
included for having maintenance problems taken care of within a
certain time frame or the City could have any necessary maintenance
done and then recoup the cost.
Commissioner Butler indicated he had a lot of issues and questions.
In regard to experience needed, he questioned how a new company
could get started if they have not had an opportunity to work with
a government agency; he does not feel that governmental experience
should be a requirement but perhaps the RFP could be worded to the
effect that the experience would be preferable but not required.
He asked how many companies might be bidding.
Staff noted that the four large companies now in the market would
probably bid but bonding issues and financial requirements are also
factored in and smaller companies would not be excluded from the
process if they were able to meet these requirements.
Commissioner Butler asked if the franchise fee figure of 130 to 150
thousand a year as listed in the report was correct.
Staff stated that it would depend upon the number of shelters.
Planning Commission Minutes
March 28, 1994
Page 8
Commissioner Butler asked where the money goes for the revenue
generated and why couldn't the city operate the program, receiving
all of the revenue instead of franchising it out.
Staff noted that capital investment for the first year is
significant; at this time the City does not have a lot of
discretionary funds to divert to this program, and grants which
have been applied for in the past 10 months have all been denies.
The advertising is also a factor since the City does not have
expertise in the area of selling advertising.
Commissioner Butler feels the City could borrow the money to make
the capital improvements and hire a firm to sell the advertising.
Staff noted that there would still be maintenance resonsibilities.
They stated that the City is now in a down sizing mode and is
currently modifying the maintenance operation. Also the experience
of other cities has been weighed and shows that this is not very
lucrative due to the heavy maintenance, up front construction costs
and capital investment.
Commissioner Butler asked if the shelters were to become the
property of the City after the expiration of the contract.
Staff stated the City could own them at that time or could extend
the contract at the end of the 5 year term.
Commissioner Butler noted that under the instruction portion of
the RFP, no telegraphic, telephonic or faxed proposals or
modifications would be accepted and asked the reason for this.
Staff noted that late proposals could be accepted but experience in
going through the RFP process shows that sending a late proposal in
this manner and having a receipt for having done so does not mean
that the City has received it. Hard copy is a verified RFP
received.
Commissioner Butler believes the $500 proposal guarantee to be
excessive.
Staff stated that with the assumption that four to five bids would
be received it was not an excessive amount due to the number of
hours to be spent by staff and the attorneys office in reviewing
the proposals, also the City could enter into more than one
franchise agreement. Staff feels that the cost should not be borne
by the citizens of Tustin but rather, passed on to the
parties who stand to benefit from the process.
Commissioner Weil noted that it is a slim possibility that the City
may not receive any responses to the RFP and with this view in mind
could the matter be readdressed at a later date.
Staff replied in the affirmative and also noted that an amendment
could be made to provide an extension.
Commissioner Butler asked if information about permit fees would be
given to the applicants up front so they would know the costs
involved and would the applicants receive a copy of the evaluation
criteria.
Staff stated that they would definitely be told the costs if they
requested this information and final criteria evaluation would be
a matter of public record when presented to the City Council.
Planning Commission Minutes
March 28, 1994
Page 9
Commissioner Kasalek asked if the Irvine Company is responsible
for the East Tustin area and did they have freedom to set up these
same types of shelters with advertising and would this revenue go
to the City.
Staff stated that no advertising would be allowed under the East
Tustin conditions.
Commissioner Butler asked if both sides of the panels were lit and
if electricity was of low voltage. He also inquired as to why the
benches were not attached to the shelters.
Staff stated that only one two sided panel was allowed and both
sides of it were back lit. Regarding the electrical question, UBC
codes must be complied with. It is easier to maintain or replace
benches not attached and also a provision will be added to request
stool type benches to discourage reclining.
Commissioner Weil asked how much time was allowed for public
service messages and who made the decision as to what they would
be.
Staff stated that the company would bear the cost of advertising
any program the City asked them to for a period of 20 days a year.
Staff will look for direction and policy decision as to the
content.
Commissioner Stracker feels that requiring and verifying a certain
amount of service experience is a good protection for the city.
Commissioner Kasalek asked what will occur with regards to trash
and when is the decision of acceptable advertising content made.
She also questioned the fact that Section 5 notes that basic
shelter design does not require enclosure.
Staff stated that most cities use language from the code and added
to the franchise agreement is a provision that if any City official
finds an advertisement objectionable the City can "on demand" ask
for its removal. Page 4, Section 2, under "D" states that trash
removal is required twice each week. Basically the shelters are
designed for convenience of sitting and sun shade.
Commissioner Weil asked where the shelters would be located and was
provision made for locations where a larger shelters are warranted.
Staff stated that location would be determined at the time of
design selection and that right-of-way constraints were also a
factor.
Commissioner Butler reiterated that he is in favor of opening the
bid process to more companies than those who have previously worked
with government agencies; and feels that staff has justified the
$500 fee, however, he would like to discuss a one-half rebate for
unsuccessful bidders. He also inquired if it would be acceptable
for the other companies to modify their proposals if there were
late proposals.
Staff noted that a 14% cost on top of any fee reimbursement would
occur due to administrative costs and it would be preferable to
lower the fee rather than grant a reimbursement.
Commissioner Weil noted that if a company felt that a $500 fee
was too high, perhaps they would also lack the experience and
financial resources needed to fulfill a contract.
......... 1- HI 1' Hi '-
Planning Commission Minutes
March 28, 1994
Page 10
Commissioner Butler was chosen as Planning Commission designate to
the Evaluation Committee for review of proposals received during
the RFP process. Following review and discussion, the report was
received and filed.
6. Status Report
Commissioner Baker asked if some of the older items reported ever
expired.
Staff stated that there was a continual process of clearing off old
items but that recent time extensions allow items to continue on
the report for longer periods.
Received and Filed
STAFF CONCERNS:
7. Report on actions taken at March 21, 1994 City Council meeting
Staff reported on the subject agenda with the following highlights.
A copy of the reduced discretionary application fees will be
provided to the Commission at the next regular meeting.
A copy of the Tustin Pride Graffiti Sub-committee report will be
provided to the Commission at the next regular meeting.
The Commission will be kept up to date on Senate Bill 1477, which
limits the number of people who can legally occupy dwelling units,
as it proceeds through the legislature.
COMMISSION CONCERNS:
Commissioner Kasalek
Asked what the structure was in the Industrial Park at
Walnut which resembles a water tower.
Staff stated that it was the Pacific Telephone Regional
Control Switching Center.
Commissioner Stracker
Asked about a Tustin Weekly "letter to the editor"
concerning alcoholic beverage use in the Tustin Plaza.
Staff stated that the applicant had signed the Conditions
of Approval and had not voiced any concerns. However,
the owner is proceeding with an amendment and has alerted
the Chamber of Commerce.
Indicated he had recently attended a meeting of the
Orange County Division of the League Transportation and
Public Works Advisory Committee and noted that there is
a bill in the Senate now to look at the reorganization
of Cal Trans into a super transportation agency, being
removed from Business and Housing and added to the
Transportation Section. He noted that new federal
legislation (AB 3636) concerning telecommunication in
infrastructure, because of the superhighway concept, will
allow all information systems companies to cut into city
streets without city review or franchise. The
Commissioner suggested calling the League and
congressional contacts for further information since
Planning Commission Minutes
March 28, 1994
Page 11
voting on this is scheduled following the Easter holiday.
He also noted that federal legislation sponsored by Norm
Manetta (HR 3948) allows for storm water NPDES
requirements to go down to fifty thousand starting
immediately.
Commissioner Baker
Noted that the latest issue of Western City contained an
interesting article by the League of Cities concerning
taggers.
Inquired about the blacktop work at the Beacon Bay area
of the Tustin Marketplace.
Staff replied that the work being done is part of the
conditions of approval related to Black Angus to modify
to a one way entrance. Exhibits are being prepared and
will be distributed at the next meeting of the Planning
Commission to inform the Commission of what is happening.
Asked for clarification on the Brown Act definition of a
meeting.
City Attorney, Bobak, noted that the new conditions of
the Brown Act become effective April 1, 1994 and since
the Act states that the Commission may take no action on
items not included on the agenda she reminded the
Commissioners to contact the Planning Secretary with
items for the Commissioner comment section so that they
may be added to the next agenda. With respect to
discussions between various members, she stated that it
is not considered a meeting where one member speaks with
another, unless several members are involved and
collective decisions are made. Social gatherings or
policy events are not considered meetings as long as the
members do not discuss City business. Attorney Bobak
stated that a copy of the conditions of the Brown Act
will be distributed to each of the Commissioners.
Commissioner Butler
Commended staff on the outstanding water desalinization
report. He reiterated how valuable he believed this City
staff is in comparison to others he has encountered,
especially through his contacts with the California
Association of Realtors (CAR).
He has been hearing from many on the "sea of roofs" in
the East Tustin area.
Stated that he had recently attended a CAR Director's
meeting in Sacramento and had the following to offer.
A roofing measure is being put forth by Willy Brown to
accelerate making all new projects Class A with no Class
B roof options; a subdivision map act is being changed
from 2 years to 5 years for a one time extension; an
assembly bill related to water service for projects of
over 500 units; and the closing of loopholes to prevent
cities from seizing property through joint power
agreements. A Senate Bill (SB 1814) Point of Sale,
retrofitting requirement making it mandatory that all
swimming pools be provided with a six foot high fence or
pool cover.
He also brought back some rosters to distribute to the
Commission.
Planning Commission Minutes
March 28, 1994
Page 12
Commissioner Weil
Stated that she felt that representation on the local
level is probably more concerned with issues than any
other level of government.
Noted that today was the first day of the Metrolink
service with three round trips and that there was an
article in the Orange County Register featuring a map and
schedule and listing Tustin as a proposed station.
ADJOURNMENT:
Commissioner Baker moved, Kasalek seconded, to adjourn the meeting
at 9:58 p.m. Motion carried 5-0.
The next regular meeting of the Planning Commission is on April 11,
1994 at 7:00 p.m. in the City Council Chambers at 300 Centennial
Way, Tustin.
Barbara Reyes
Secretary
Chairperson