HomeMy WebLinkAboutPC Minutes 02-14-94MINUTES
TUSTIN PLANNING COMMISSION
REGULAR MEETING
FEBRUARY 14, 1994
CALL TO ORDER:
7:05 p.m., City Council Chambers
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL:
Present: Weil, Baker, Butler, Kasalek and
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
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CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO
ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL
NAME AND ADDRESS FOR THE RECORD.
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 January 24, 1994 Planninq Commission meeting.
2. Air Quality Matters Update
Recommendation - Received and filed.
Commissioner Baker moved, Stracker 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.
3. Larqe-Family Day Care Home (LFD 94-001)
APPLICANT/
PROPERTY OWNER
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
KRISTI KRAGTHORPE PERO
14481 OXFORD AVENUE
TUSTIN, CA 92680
14481 OXFORD AVENUE
SINGLE FAMILY RESIDENTIAL (R-l) DISTRICT
THIS PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO
Planning Commission Minutes
February 14, 1994
Page 2
REQUEST:
SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
AUTHORIZATION TO OPERATE A LARGE-FAMILY DAY
CARE HOME
Recommendation - It is recommended that the Planning Commission
approve LFD 94-001 by adopting Resolution No. 3231, as submitted or
revised, if no formal protest is made by a notified property owner
within 100 feet of the proposed large-family day care home based on
adverse impacts. If a protest is received, based on specific
factual adverse impacts as defined by State law, it is recommended
that the Planning Commission continue the public hearing on this
item and instruct staff to return on February 28, 1994 with
responses to the issues or conditions to mitigate the issues raised
by a valid protest.
Presentation: Becky C. Stone, Assistant Planner
Commissioner Butler asked if 100 ft. was the correct radius for
the public hearing notices to property owners as stated in the
report.
Staff replied that in this case only 100 ft. was necessary.
Commissioner Baker asked if there had been any complaints about
large family day care centers recently, in general.
Staff replied, "none".
The Public Hearing was opened at 7:12 p.m.
The Public Hearing was closed at 7:12 p.m.
Commissioner Baker Asked if it was specified in the Resolution that
the driveway was to remain clear.
Staff replied, that two spaces were reserved for parking in the
garage but that it was not specified that the driveway had to
remain clear.
Commissioner Baker expressed concern that if the driveway is used
as one of the parking spaces then it should be specified as parking
for clients.
Commissioner Weil noted that this was a valid point, that the aides
or helpers should not be parking permanently in the driveway.
Staff stated that language could be added to the Conditions of
Approval to keep the driveway clear at peak hours.
Commissioner Stracker asked why this was a concern.
Commissioner Weil replied that it would cause an impact on the
surrounding community.
Commissioner Baker stated that the typical problem is that people
are driving up fast and finding no place to park will park across
someones driveway, hopefully at this home, but that they may also
decide to park across the driveway of a neighbor, so the idea is to
mitigate this problem as much as possible.
Commissioner Stracker does not see this as a problem.
Planning Commission Minutes
February 14, 1994
Page 3
Commission Baker stated that the reason he brought it up was that
it was used as a point of discussion in the staff report.
The Public Hearing was re-opened at 7:14 p.m.
Kristi Kragthorpe Pero, the applicant, stated that the main hours
of operation are from 9:00 a.m. to 1:00 p.m. and most everyone in
the neighborhood goes to work at an earlier hour. Since the street
sweeper has one way in and out there is generally no one parking on
the street during those hours. Parking has never been a problem
with six children at the day care. She understands the concern of
the Commissioners but that she has not previously received 12
children at drop off and would like to test it out. Since she
parks her car in the driveway it would be a big inconvenience to
constantly move the car for sporadic drop offs. If it turned
out to be a problem she would like the opportunity to bring it
before the Commission again.
Commissioner Weil stated that she thinks perhaps it would be more
of a safety problem for the children if the driveway was used for
a drop off after all.
Ms. Pero stated that she prefers that the children be dropped off
at the street since then it necessitates that everyone walk up to
the house. She is concerned about children being in the driveway.
Commissioner Butler asked if there would be one full time aide.
Ms. Pero stated that she uses the co-op system with parents
participating as the aides.
Commissioner Butler asked how many people would be parked at one
time of those staying for the entire day.
Ms. Pero replied, "one person".
Commissioner Butler stated that he has a concern with the cars
being parked in the street, not only because of the street sweeper
but because of people backing up and not being able to see children
who may be in the driveway. He does not favor revising the
Resolution.
Commissioner Stracker asked the applicant if she had read the staff
report.
Ms. Pero replied in the affirmative.
The Public Hearing was closed at 7:19 p.m.
Commissioner Kasalek noted that with no one in the audience to
protest, the applicant must be doing an excellent job.
Commissioner Kasalek moved, Baker seconded to adopt Resolution No.
3231 as submitted. Motion carried 5-0.
Modification to Conditions of Approval to Allow Time
Extensions for Design Review 88-70 and Variance 89-19
Recommendation - It is recommended that the Planning Commission
approve a modification to Condition No. 1.1 of Resolution No. 3153
to allow a six-month extension of Design Review 88-70 and Variance
89-19 by adopting Resolution No. 3232, as submitted or revised.
Presentation: Becky Stone, Assistant Planner
· - r .... 1' I !11 "--r' '-Tr- ........
Planning Commission Minutes
February 14, 1994
Page 4
Commissioner Stracker asked if the applicant has done anything
since they last submitted their letter on November 29, 1993.
Staff replied, "no".
Commissioner Baker stated that as a partial reconveyance with a
letter of intent and the financing in place it seems all that needs
be done is to obtain a release of a prior deed of trust. He is
unclear as to the reason for the extension. He asked if the
applicant would clarify this.
Staff replied that the applicant was not present.
The Public Hearing opened at 7:23 p.m.
The Public Hearing closed at 7:23 p.m.
Commissioner Baker stated that he does not go along with the
request, feels it is being dragged out un-necessarily.
Commissioner Kasalek asked what would happen if applicant did not
wish to continue.
Staff stated that at this point the entitlement would expire and
the applicant would have to re-apply for design review and a new
variance.
The Director stated that the applicant is not local; that it is a
good project in terms of the Commission's original review in a
neighborhood that needs some revitalization and there are no
changed circumstances which would result in the Commission wanting
to reconsider the appropriateness of this project. Oftentimes the
expiration is tied to the fact that City regulations change. In
staff's prospective, even if the applicant had to repay application
fees and come back in, the recommendation would not be any
different.
Commissioner Baker would approve a continuance of two weeks but
would like to see additional evidence that the applicant is going
to do something.
The Director stated that there has been slow but continued progress
both on the construction plan check process as well as going all
the way through final map approval from the City Council.
Commissioner Weil asked if staff could project how long it would
be before they actually put anything into the ground.
Staff noted that the applicant is ready to go.
Commissioner Butler stated that he does not think that anyone is
being jeopardized in granting the applicant an additional six
months extension based on the information provided by staff and
does not see any reason to continue it. Feels that with the money
already invested in the project it is likely that they will carry
through with it.
Commissioner Weil stated that each time an extension is given it
requires staff time and additional cost to the City in noticing
and if they have no clear title she questioned the chances of their
ever being able to build.
Planning Commission Minutes
February 14, 1994
Page 5
Commissioner Baker feels that the problem is not a matter of will
they continue or do they want to, the point is all they need is a
release of a loan. He is glad to hear from staff that there is
progress but feels that information should be less than two months
old.
Commissioner Baker moved, Stracker seconded to continue this item
to the February 28, 1994 Planning Commission meeting. Motion
carried 4-1. Commissioner Butler opposed.
5. Conditional Use Permit 93-040
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
COOKIES CAFE
STEVE TSIRTSIS
1481 EDINGER AVENUE
TUSTIN, CA 92680
MULLIN LUMBER CO.
c/o WEYERHAEUSER MORTGAGE CO.
ATTN: DOROTHY FORBES
6320 CANOGA AVE., 13TH FLOOR
WOODLAND HILLS, CA 91367
1481 EDINGER AVENUE
PLANNED COMMUNITY -
(PACIFIC CENTER EAST SPECIFIC PLAN)
THIS PROJECT HAS BEEN DETERMINED TO BE A MINOR
ALTERATION TO AN EXISTING FACILITY AND IS THEREFORE
CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION
15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AUTHORIZATION TO PROVIDE OUTDOOR SEATING AT AN
EXISTING RESTAURANT AT 1481 EDINGER AVENUE.
Recommendation - It is recommended that the Planning Commission
approve Conditional Use Permit 93-040 by adopting Resolution No.
3235, as submitted or revised.
Presentation: Scott Reekstin, Assistant Planner
Commissioner Kasalek asked if the tables and chairs are put in the
building at night and asked if they were heavy. She is concerned
about a theft factor since it is quite dark in the patio.
Staff replied that the patio is partially enclosed and that the
chairs and tables are of light weight material.
The Public Hearing opened at 7:38 p.m.
The Public Hearing closed at 7:38 p.m.
Commissioner Stracker moved, Kasalek seconded, to approve
Conditional Use Permit 93-040 by adopting Resolution No. 3235 as
submitted. Motion carried 5-0.
OLD BUSINESS:
None
Planning Commission Minutes
February 14, 1994
Page 6
NEW BUSINESS:
6. Temporary Use Permit 94-001
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
THACKER BERRY FARM
32670 GLAISYER HILL ROAD
COTTAGE GROVE, OREGON 97424
FRANK GREINKE
P.O. BOX 4259
ORANGE, CA. 92613
1011 EL CAMINO REAL (NORTHEAST CORNER EL CAMINO
REAL AND NEWPORT AVENUE)
CG - GENERAL COMMERCIAL
THIS PROJECT HAS BEEN DETERMINED TO BE
MINISTERIALLY EXEMPT PURSUANT TO THE PROVISIONS OF
SECTION 15268 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
AUTHORIZATION TO ESTABLISH A TEMPORARY PRODUCE
STAND FOR A PERIOD OF THIRTY DAYS, FOR THE SALE OF
STRAWBERRIES IN AN OPEN AIR STAND.
Recommendation - Pleasure of the Commission.
Presentation: Dan Fox, Senior Planner
Commissioner Butler asked if there were any complaints against any
fruit stands.
Staff replied that no complaints have been received from the
general public.
Commissioner Stracker stated that if the lots are large enough and
there is enough room to get cars on and off the public streets then
he does not consider it a problem.
Commissioner Weil stated that at the time the Commission had put a
moratorium on temporary use permits for produce stands it was
because of one that was put in the Marketplace and at that time
there was a traffic problem. She felt, at that time, adding
another retail unit out in the middle of the parking lot did not
make sense. She feels the Commission needs to keep an open mind
but as far as this request is concerned, she has no problem with
it.
Commissioner Baker moved, Kasalek seconded to authorize staff to
approve the establishment of a temporary produce stand for the
period of 30 days for the sale of strawberries in an open air stand
by Minute Order. Motion carried 5-0.
Commissioner Butler noted that if in the future the Commission can
pre-identify sites for staff to make decision on, then it would not
be necessary for the Commission to hear these items.
Commissioner Stracker asked if a $100 clean up bond was adequate.
Staff replied in the affirmative.
Planning Commission Minutes
February 14, 1994
Page 7
7. Design Review 93-044
APPLICANT/
LANDOWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
CALIFORNIA PACIFIC HOMES
5 CIVIC PLAZA, SUITE 100
NEWPORT BEACH, CA 92660
ATTN: MR. JON ROBERTSON
LOT 13 OF TRACT 12870
MEDIUM DENSITY RESIDENTIAL - EAST TUSTIN SPECIFIC
PLAN
THIS PROJECT IS DETERMINED TO BE CATEGORICALLY
EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
APPROVE THE INSTALLATION OF VEHICULAR AND
PEDESTRIAN GATES FOR THE PREVIOUSLY APPROVED TRACT
13733
Recommendation - It is recommended that the Planning Commission
approve Design Review 93-044 by adopting Resolution No. 3236, as
submitted or revised.
Presentation: Daniel Fox, Senior Planner
Commissioner Stracker asked for clarification on how the gates
open.
Staff replied that they slide.
Commissioner Weil asked if pedestrian gates are open from the
inside and asked if they were lockable from the outside.
Staff replied in the affirmative and that it is consistent with the
latest City Council policy.
Commissioner Butler moved, Baker seconded to approve Design Review
93-044 by adopting Resolution No. 3236 as submitted. Motion
carried 5-0.
8. Siqn Code Exception 93-004
APPLICANT: CHEVRON U.S.A PRODUCTS INC.
P.O. BOX 2833
LA HABRA, CA 90632
REPRESENTATIVE/
AGENT: ROBERT FISCUS AND ASSOCIATES
ATTN: TED GROVE
2050 S. SANTA CRUZ, SUITE 2100
ANAHEIM, CA 92805
OWNER: JOANNE STIFFLER TRUST
C/O STANDARD OIL CO. OF CALIFORNIA
PROPERTY TAX DIVISION C/O HAYDEN
P.O. BOX 7611
SAN FRANCISCO, CA 94120
LOCATION: 14501 RED HILL AVENUE
ZONING: CENTRAL COMMERCIAL (C-2) DISTRICT
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 11)
PURSUANT TO SECTION 15311 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: TO ALLOW THE LOCATION OF SECONDARY BUSINESS
IDENTIFICATION WALL OR CANOPY SIGNS ON LEVEL II
SPANNERS.
IIIII '"-!--- II
Planning Commission Minutes
February 14, 1994
Page 8
Recommendation - It is recommended that the Planning Commission
approve Sign Code Exception 93-004 by adopting Resolution No. 3233,
as submitted or revised.
Presentation: Scott Reekstin, Assistant Planner
Item Nos. 8 and 9 were discussed simultaneously due to the similar
nature of the items.
Commissioner Baker is concerned about the bright glow of the
station at Bryan and Myford and asked that if in this case the
applicant would be making any changes.
Staff noted that the canopy is already illuminated and that staff
is working with the applicant at the Myford and Bryan station to
address some of the complaints. While a photometric survey did not
register the spanner lights, a field observation did show that
shadows are cast from the spanner lights, creating a nuisance
glare. Turning off the spanners did make a significant difference.
Commissioner Kasalek is there an option in the wattage in the
spanner itself.
Staff noted that light shields were put on the fluorescent tubes at
the Myford site which reduced the glare.
Robert Fiscus, the applicant, showed the Commissioners a photo
display and thanked staff for working with Chevron at the Myford
and Bryan site. He stated that this station is different from that
situation. He stated that he feels it very important that the
spanners illuminate the fueling position, because people need to
see what they are doing around the dispensing nozzles. The two
sites have existing lights on canopies but of a considerably less
brightness than at the Myford and Bryan location. At both
locations they are reducing the signage by eliminating all free
standing pole signs. He stated that Chevron has designed the
monument sign according to City of Tustin standards. They would
like the opportunity to install the spanners and are willing to
work with staff and if problems occur, they would respond to them.
He stated that these stations are not in close proximity to
residences. He stated that Chevron is committed to Southern
California while many other gasoline companies are closing so they
wish to be good neighbors.
Commissioner Weil stated that the Chevron station at Nisson and
Red Hill share a common wall with an apartment development and the
station at Red Hill and Walnut is across from developments, so that
there are homes fairly close. She asked that if the shields were
installed do they have an effect of basically directing light
downward.
Mr. Fiscus answered that they do not direct light down but reduce
the overall lighting.
Commissioner Stracker noted that these locations are on the school
routes and asked if the monument signs were looked at for
visibility.
Staff affirmed that they were reviewed for site distance and there
are no questions related to the traffic analysis.
Commissioner Stracker asked if the food mart sign would be removed.
Planning Commission Minutes
February 14, 1994
Page 9
Mr. Fiscus stated that there will be no food marts in these
stations.
Commissioner Kasalek stated that she is appreciative of good
lighting especially as one who fuels the car herself, feels that
these two stations do need adequate lighting, likes the idea of the
sign clutter disappearing and would be in favor of this request.
Commissioner Butler stated that he supports the item without
question.
Commissioner Baker has a problem with allowing it and then if
there is complaint to have to expend additional staff time on it.
Staff concurred that after approval it would take a strong effort
to go back and rescind. However the applicant does have the
ability to reduce the lighting other than at the spanners or they
can install opaque siding on the spanners or the Commission can
require additional conditions of approval.
Commissioner Weil feels that staff has done a good job of analyzing
the situation, feels there is a definite security problem but with
respect to the proximity to residents, particularly at Nisson and
Red Hill, asked if a review period was a good idea.
Staff replied in the affirmative but that it was more difficult to
provide a total solution after the fact.
Commissioner Butler asked if there had been any complaints about
the station at Newport/Irvine.
Staff stated "no" but that it is surrounded by commercial
development.
Commissioner Butler favors a review time, feels they could install
lower wattage to start with. He would only be concerned if there
was a glare problem for traffic.
Mr. Fiscus stated reinforced the fact that Chevron would be more
than happy to work with staff; that they only want the opportunity,
with review period, and if there are complaints they will respond
by reducing site lighting.
Commissioner Kasalek would like to see Chevron monitor the lighting
themselves, and determine if there is a problem, rather than
waiting for the neighbors to complain.
Mr. Fiscus agreed.
Commissioner Kasalek moved, Butler seconded to approve Sign Code
Exception 93-004 by adopting Resolution No. 3233, revised as
follows:
Exhibit A, Page 2, Condition 1.10 shall read, "Internal
illumination of the Level II spanners shall be permitted provided
no complaints are received. In the event the City receives
complaints, the Community Development Department, at their
discretion, shall require the applicant to either reduce the
wattage of said spanners or require the use of opaque non-
illuminated spanners only, as needed to adequately eliminate
complaints and light impacts on adjacent properties. If the
applicant fails to comply within 30 days of a request by the
Community Development Department, the applicant shall reimburse the
City for all costs incurred for city staff time related to
Planning Commission Minutes
February 14, 1994
Page 10
enforcement activities, including the City Attorney fees needed to
gain compliance". Motion carried 5-0.
9. Sign Code Exception 93-005
OWNER: CHEVRON U.S.A. PRODUCTS INC.
P.O. BOX 2833
LA HABRA, CA 90632
REPRESENTATIVE/
AGENT: ROBERT FISCUS AND ASSOCIATES
ATTN: TED GROVE
2050 S. SANTA CRUZ, SUITE 2100
ANAHEIM, CA 92805
LOCATION: 14122 NEWPORT AVENUE
ZONING: RETAIL COMMERCIAL (C-l) DISTRICT
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 11)
PURSUANT TO SECTION 15311 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
REQUEST: TO ALLOW THE REDISTRIBUTION OF THE MAXIMUM
ALLOWABLE SQUARE FOOTAGE OF PRIMARY AND SECONDARY
BUSINESS IDENTIFICATION WALL OR CANOPY SIGNS.
Recommendation - It is recommended that the Planning Commission
approve Sign Code Exception 93-005 by adopting Resolution No. 3234,
as submitted or revised.
Presentation: Scott Reekstin, Assistant Planner
Commissioner Butler moved, Kasalek seconded, to approve Sign Code
Exception 93-005 by adopting Resolution No. 3234 as revised.
Condition 1.9, Exhibit A, Page 2, shall read, "Internal
illumination of the Level II spanners shall be permitted provided
no complaints are received. In the event the City receives
complaints, the Community Development Department, at their
discretion, shall require the applicant to either reduce the
wattage of said spanners or require the use of opaque non-
illuminated spanners only as needed to adequately eliminate
complaints and light impacts on adjacent properties. If the
applicant fails to comply within 30 days of a request by the
Community Development Department, the applicant shall reimburse the
City for all costs incurred for city staff time related to
enforcement activities, including the City Attorney fees needed to
gain compliance". Motion carried 5-0.
10. Design Review 93-017
APPLICANT/
LANDOWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
MR. AND MRS. GREG JENKINS
6012 HERSHOLT AVENUE
LAKEWOOD, CA 90712
705 WEST MAIN STREET AND 350 MYRTLE AVENUE
SINGLE FAMILY RESIDENTIAL (R-i)
CATEGORICAL EXEMPTION CLASS 3, SECTION 15303
DEFERMENT OF IMPLEMENTATION OR WAIVER OF CONDITION
OF APPROVAL 3.4 FOR DESIGN REVIEW 93-017 REQUIRING
UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES
Recommendation - Pleasure of the Commission.
Presentation: Daniel Fox, Senior Planner
Commissioner Stracker asked if the utilities which would serve the
property would still be underground.
Planning Commission Minutes
February 14, 1994
Page 11
Staff answered that the waiver requires to allowance for the
overhead service from the public right-of-way to the residence to
remain. Presently the site is served by overhead utilities by 2
separate poles. If waived, overhead lines to the property could
remain for an indefinite period of time.
Commissioner Weil asked that if the applicant undergrounded will
they have to take the wires down from poles and underground to the
residence.
Staff replied, "yes", however the utility company bears the major
cost from the pole to the junction box. Once at the house, the
burden is on the property owner. The applicant is indicating they
are not able to handle the cost at this time.
Commissioner Weil asked if it would be a requirement of the
applicant to be undergrounded when the district was formed.
Staff replied in the affirmative and the cost would be accessed on
the property taxes.
Commissioner Weil stated she would prefer to see deferment until
the entire district was established because until the plans are
laid out no one knows for sure where the undergrounding will be. At
that time the homeowner might have to move junction boxes again.
Commissioner Kasalek agreed it would be more cost effective.
Commissioner Stracker stated that because of rule changes it could
become more expensive for the property owner to underground at a
later time than at present.
Staff stated that if the item was deferred, the property owner
would be required to sign a letter of agreement that they would not
protest formation of any future utility district.
Judy Jenkins, applicant, asked that if she signs the letter of
agreement and the pole is not included in the district would she
still have a right to protest or ask for another waiver with all
the wire still up. Asked that the pole adjacent to her home be
included in the underground district.
Staff noted that the initial assessment of the public works
department cannot guarantee that the pole will be included. The
applicant would have the ability to request an addition deferral
but as a condition of a building permit undergrounding is required
or is to be completely waived.
Commissioner Weil added that in her experience undergrounding is a
tremendous advantage.
Ms. Jenkins indicated she has no problem in signing the letter of
agreement.
Commissioner Butler asked the applicant why she did not want to do
the undergrounding now.
Ms. Jenkins stated that there would be no aesthetic value from
her point of view and the reason she is converting from duplex to
family home was due to a fire at the location which necessitated
gutting the premises; there have been many unexpected expenses and
she cannot afford it at this time.
Il'il --1' ' '-'Tr"
Planning Commission Minutes
February 14, 1994
Page 12
Commissioner Baker moved, Kasalek seconded, to defer implementation
of Condition of Approval 3.4 for Design Review 93-017 requiring
undergrounding of existing overhead utilities by adopting
Resolution No. 3237 as submitted. Motion carried 5-0.
11. Final Tract Map 13733
APPLICANT/
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
CALIFORNIA PACIFIC HOMES
5 CIVIC PLAZA, SUITE 100
NEWPORT BEACH, CA 92660
PARCEL 2 OF LOT LINE ADJUSTMENT 89-003 (LOT 13 OF
TRACT 12870), LOTS Q AND R OF TRACT 12870
EAST TUSTIN SPECIFIC PLAN: MEDIUM DENSITY
RESIDENTIAL
THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT
PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
AUTHORIZATION TO CREATE TWENTY SEVEN (27) NUMBERED
LOTS AND FORTY NINE (49) LETTERED LOTS TO
ACCOMMODATE 138 PATIO HOME DWELLINGS
Recommendation - It is recommended that the Planning Commission
adopt Resolution No. 3224 recommending approval to the City Council
of Final Tract Map 13733, as submitted or revised.
Presentation: Daniel Fox, Senior Planner
Commissioner Butler moved, Baker seconded, to adopt Resolution No.
3224 recommending approval to the City Council of Final Tract Map
13733 as submitted. Motion carried 5-0.
STAFF CONCERNS:
12.
Report on actions taken at February 9, 1994 City Council
meeting
Staff reported on the subject agenda and also reminded the
Commissioners of the upcoming Planning Institute.
COMMISSION CONCERNS:
Commissioner Butler
Reported on attending the Base Task Force Meeting held
February 3rd.
Stated that he had visited Micro Center on Saturday,
February 12th, and was told by officials there that it
had been the single largest sales day in the chains 13
year history. He congratulated staff on getting Micro
Center into Tustin and encouraged additional contacts of
this kind for the City.
Commissioner Baker
Asked if the Commission was aware of the monthly Economic
Development Council which staff attends regularly.
Planning Commission Minutes
February 14, 1994
Page 13
Noted that a large Teachers Credit Union had approached
the City which would ultimately bring between two to
three hundred jobs to the City.
Questioned an item on the City Council Action Agenda
concerned with "Threat of Gang Activity".
Staff reported that Irvine had a public hearing on an
amusement facility that was planned and a number of
residents, particularly in the University Park area,
opposed the commercial recreation claiming that it would
attract gangs. Mr. Saltarelli was basically congratula-
ing the Irvine City Council for not letting those fears
influence the vote for the facility.
Asked about the threats by the County relative to base
closure.
staff reported that there were six proposals made to the
City under threat of board action. The City reserves
discretion relative to planning on community reuse.
Requests from state and local screening can go to the
federal agency but under the Pryor Amendment must be
referred to local reuse authority. The Navy must take
community concerns into consideration before
implementation of any reuse plan. The City will not
accept any detention facility whatsoever. Tustin's
position remains strong and the City does not have to
accept a facility that is not in the best interest of the
community.
Commissioner Stracker
Was pleased to see the area quickly cleaned of debris
following the heavy winds experienced by the City last
week.
Asked what happened to the cart program at the Market
Place.
Staff noted that the
implemented as of yet.
cart program has not been
Asked about the status of the E1 Camino Real/Red Hill,
Chevron station sign poles.
Staff noted that there is a report being prepared on this
item for the next meeting.
- Asked what was going on at the Courtyard Shopping Center.
Staff stated that a number of tenants had moved out of
the center. Noted that the interior courtyard situation
had never worked and that there are plans to bring in a
major anchor tenant. This item will be coming back
before the Commission in the future.
Commissioner Kasalek
Asked about a decision concerning the relaxation of the
sign code regulations.
!- .... i111'I -" I II
Planning Commission Minutes
February 14, 1994
Page 14
Staff noted that a new sign code had been adopted with
minor amendments concerning banners. There has been no
direction not to enforce the sign code.
Commissioner Weil
- Asked what the City does with all the wood chips.
Staff will follow up on this question.
ADJOURNMENT:
Commissioner Baker moved, Butler seconded to adjourn the meeting at
9:15 p.m. Motion carried 5-0.
The next regular meeting of the Planning Commission is on February
28, 1994 at 7:00 p.m. in the City Council Chambers at 300
Centennial Way, Tustin.
Chairperson
Secretary