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HomeMy WebLinkAboutPC Minutes 12-13-93MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 13, 1993 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Weil, Baker, Butler, Kasalek and Stracker Absent: None 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: (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 November 22, 1993 Planninq Commission meetinq. Commissioner Kasalek moved, Butler seconded to approve the Consent Calendar. Motion carried 5-0. 2. Final Parcel Map 92-231 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JAMES AND PATRICIA LONDON 1360 W. 6TH ST., SUITE 305 SAN PEDRO, CALIFORNIA 90732 12821, 12831 & 12841 NEWPORT AVENUE GARDEN OFFICE LAND USE DESIGNATION OF THE NEWPORT WARREN PLANNED COMMUNITY THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CREATE A SINGLE LOT AIRSPACE SUBDIVISION TO ESTABLISH THREE COMMERCIAL CONDOMINIUMS. Recommendation It is recommended that the Planning Commission adopt Resolution No. 3209 recommending to the City Council approval of Final Parcel Map 92-231, as submitted or revised. -' -F ' T ..... !!11] T' '-1-1-- Planning Commission Minutes December 13, 1993 Page 2 Commissioner Kasalek moved, Butler seconded, to adopt Resolution No. 3209 recommending approval to City Council of Final Parcel Map 92-231 as submitted. 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. First Amendment to Conditional Use Permit 91-029, Desiqn Review 91-026, and Variance 91-018 APPLICANT/ PROPERTY OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. REED CHESWORTH on behalf of MR. JOE MACPHERSON 23 AUTO CENTER DRIVE TUSTIN, CA 92680 36 AUTO CENTER DRIVE PLANNED COMMUNITY-COMMERCIAL (PC-C) DISTRICT THIS PROJECT IS COVERED BY A PREVIOUSLY- CERTIFIED EIR (84-2). NO ADDITIONAL DOCUMENTATION IS REQUIRED. TO AUTHORIZE THE PHASED CONSTRUCTION OF THE PROPOSED DEALERSHIP AND AUTO BODY SHOP Recommendation - It is recommended that the Planning Commission adopt Resolution No. 3219, approving Amendment to Conditional Use Permit 91-029, Design Review 91-026 and Variance 91-018, as submitted or revised. Presentation: Daniel Fox, Senior Planner Staff modified Condition 1.7 of Exhibit A of Resolution No 3219, as moved. Commissioner Weil asked where details of each phase of Exhibit A were identified. Staff replied that the details were called out on the plans that were referenced in 1.2 and 1.7. Commissioner Baker asked if staff had any contact from other property owners. Staff replied negatively. The Public Hearing was opened at 7:05 p.m. Mr. Reed Chesworth, representing the applicant, was present for questions. The Public Hearing was closed at 7:06 p.m. Commissioner Butler moved, Baker seconded, to adopt Resolution No. 3219, approving Amendment to Conditional Use Permit 91-029, Design Review 91-026 and Variance 91-018, as revised. Exhibit A, Condition 1.7 revised to read, "All improvements identified in the interim Phases I, II and III Program as shown on the December 13, 1993 submitted plans shall be installed and completed prior to the use and occupancy of the improvements for new vehicle display and/or employee parking." Motion carried 5-0. Planning Commission Minutes December 13, 1993 Page 3 4. Amendment to Vestinq Tentative Tract Map 13733 APPLICANT/ LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. JON ROBERTSON 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 PLANNED COMMUNITY EAST TUSTIN SPECIFIC PLAN, MEDIUM DENSITY RESIDENTIAL THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. ELIMINATE CONDITION 5.7 OF PLANNING COMMISSION RESOLUTION NO. 3185 RELATED TO THE REQUIREMENT TO PROVIDE TRAFFIC SIGNAL PRE-EMPTION EQUIPMENT AT THE INTERSECTION OF IRVINE BOULEVARDAND ROBINSON DRIVE Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3217; and 2. Recommend approval to the City Council of Amendment to Vesting Tentative Tract Map 13733 by adopting Resolution No. 3218, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Stracker asked why the Fire Chief would have control over preemption device rather than the Director of Public Works. The Director replied that the fire department has been uniformly applying this condition on tracts in East Tustin; that there has been regional controversy regarding preemption; that the transpor- tation agency denied the request on the part of the fire department to mandate that this be an imposed condition that would be tied to improvements that would be Measure M funded; that the Public Works Department and the City Manager's office have taken a position that they will not be installing mandatory preemption equipment at the request of the Fire Chief unless the Public Works Director believes that it is the in the best interest of the community; that there is a concern of a false sense of security and there have been a number of accidents. The Public Hearing was opened at 7:11 p.m. The Public Hearing was closed at 7:12 p.m. Commissioner Baker moved, Kasalek seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3217 as submitted. Motion carried 5-0. Commissioner Baker moved, Kasalek seconded, to recommend approval to the City Council of Amendment to Vesting Tentative Tract Map 13733 by adopting Resolution No. 3218 as submitted. Motion carried 5-0. 5. Conditional Use Permit 93-032 APPLICANT: OWNER: LOCATION: PEPPINO'S, INC. 15801 ROCKFIELD, SUITE G IRVINE, CA 92718 TUSTIN ASSOCIATION 3501 JAMBOREE ROAD, #300 NEWPORT BEACH, CA 92660 651 EAST FIRST STREET · ...... Till1 "3-- I I Planning Commission Minutes December 13, 1993 Page 4 ZONING: ENVIRONMENTAL STATUS: REQUEST: FIRST STREET SPECIFIC PLAN THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO HAVE THE OPTION TO OBTAIN A LICENSE FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE "41") AND ON-SITE SALE OF BEER, WINE AND DISTILLED SPIRITS (ABC LICENSE TYPE "47") FOR CONSUMPTION ON THE PREMISES AT 651 EAST FIRST STREET IN CONJUNCTION WITH A RESTAURANT USE. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 93-032, requesting authorization to have the option to obtain a license for the on-site sale of beer and wine (ABC License Type "41") or beer, wine and distilled spirits (ABC License Type "47") for consumption on premises only, by adopting Resolution No. 3208 as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Kasalek asked why the Type 47 license was unavailable. Staff replied that only so many licenses may be available through- out the year; and that they are available on a lottery basis or from someone who is selling theirs. Commissioner Baker asked if there would not be coin operated or electronic games; and noted that the previous restaurant had some. Staff replied that the new ABC guidelines do not allow coin operated games; that the applicant is not requesting any at this time; that the previous ABC license was in place before the new guidelines. The Director noted that there are numerous old ABC licenses and Conditional Use Permits; that the City drafted new guidelines several years ago with the input of Parents Who Care and Mothers Against Drunk Driving groups; that the games attract a minor age group to an area selling alcohol. The Public Hearing was opened at 7:20 p.m. The Public Hearing was closed at 7:21 p.m. Commissioner Kasalek moved, Baker seconded, to approve Conditional Use Permit 93-002 by adopting Resolution No. 3208 as submitted. Motion carried 5-0. 6. Conditional Use Permit 93-031 APPLICANT PROPERTY OWNER: LOCATION: ZONING: KEN HANSON ST. CECILIA CHURCH 1301 S.E. SYCAMORE STREET TUSTIN, CA 92680 ROMAN CATHOLIC BISHOP, ORANGE ST. CECILIA CHURCH P.O. BOX 1048 TUSTIN, CA 92680 1301 S.E. SYCAMORE STREET PUBLIC AND INSTITUTIONAL (P&I) Planning Commission Minutes December 13, 1993 Page 5 ENVIRONMENTAL STATUS: REQUEST: IT HAS BEEN DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO INSTALL A PREFABRICATED MODULAR BUILDING FOR CLASSROOM PURPOSES AT AN EXISTING CATHOLIC CHURCH. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 93-031 and Design Review 93-029 to authorize the installation of a 2,490 square foot modular building by adopting Resolution No. 3211, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Baker asked for clarification of reference to a sign in the staff report. Staff replied that the reference should be a modular building. Commissioner Weil asked if Condition 3.1 of Exhibit A of Resolution No. 3211 should be (10) or (20) feet. Staff replied that it should be (10) feet, and changed as moved. The Public Hearing was opened at 7:25 p.m. Don Studebaker, Vice President of Tustin Greens Homeowners Association stated that he would like to see a more detailed plan and inquired about the size of the buildings; that there is limited room and no buffer zone; that they have had problems with activities at the church, including rock bands; and that the Homeowners Association would like to be notified. Commissioner Weil asked if the Association was notified of the CUP hearing; and that the structure next to the wall is the trash enclosure. Staff replied affirmatively and stated that the parking lot will remain the same; and that the building will be no closer than the east elevation of the current building; and would provide a copy of the building plans. Mr. Studebaker stated that he would like to go on record that the notice indicated that he would have no recourse if not present at this hearing; and asked what the use of the rooms would be. Mr. Aric Gless, representing the applicant, stated that they propose to place the building on the back side of the grass area on the opposite side of the grounds from the condominiums; that the trash enclosure would be located near the condominiums enclosed by a six (6) foot high wall; that the trash enclosure walls will be shorter than the property line wall; that they need the class-room space; that he was unsure of the rock band issue and will discuss it with Mr. Studebaker separately; that the trash enclosure will be placed approximately even with the end of the church; questioned condition 2.1 A regarding the foundation and structural tie downs. The Director replied that they would have to comply with the Uniform Building Code; that there are alternate ways to tie down the foundation as long as it meets structural seismicity; that the applicant should discuss it with the Building Official; and as long as it meets minimum standards their design should be fine. ------l' " '--I-' lllil T" II Planning Commission Minutes December 13, 1993 Page 6 Mr. Gless stated that they would like to increase the timeframe to 15 years; that the building is temporary but would like to spread out the investment; and that the Curry/Thorman school has had temporary buildings which have been there longer than five (5) years and did not think the church should be limited. The Director replied that the applicant indicated five years to the City; that this is a basic modular unit and that there are other types that would have more architectural embellishments; that the building should be one that looks like a permanent building; that the City purchased classroom trailers which weathered quickly; and that the City cannot regulate school sites. Mr. Studebaker stated that he did not have a problem with the application if done as specified; and that the trash enclosure is currently an eyesore and needs improvement. The Public Hearing was closed at 7:38 p.m. Commissioner Stracker agreed that some buildings wear more quickly than others; that an extension could be granted by a future Planning Commission; and should keep the time frame to five (5) years. Commissioner Butler asked if modular buildings had been approved by the Commission in the past. The Director affirmed and responded that some units are more architecturally embellished to the point that they are not obvious as to whether they are permanent or temporary; that several modular buildings have been previously approved by the Commission for a set period in conjunction with marketing of new housing in East Tustin; that the training vehicles had shipboard siding, similar to the applicant's request, which deteriorates and had exposed air conditioning units, but are paintable. Commissioner Stracker stated that the units at his children's school have worn quickly. Commissioner Baker questioned whether a two week extension would be worthwhile with the change. The Director replied that there are other manufactured units with more embellishments including stucco that the City would not have a problem with; that the use permit runs with the land; and that this is not a permanent building and will have the ability to deteriorate. Commissioner Weil stated that a plain building could still hold up well; that she hesitates to put an extra burden on the church simply for aesthetic reasons; and suggested any extra money be spent on the quality rather than embellishments; and did not want the church to have to come back for an extension to the permit. The Director stated that the need is for additional classroom space; that enrollment fluxuates; and that if enrollment falls off in the next 7-10 years, will the building be removed or utilized for another use. The Public Hearing was re-opened at 7:43 p.m. Mr. Gless replied that the school has a waiting list and does not expect the enrollment to drop; that the demand over the past five (5) years has not declined; that they intend to maintain the building as their others; that the reason for the extension request Planning Commission Minutes December 13, 1993 Page 7 is for the parishioners to see the building available for a length of time; and that he is getting pressure from the parishioners to install the building. The Public Hearing was closed at 7:46 p.m. Commissioner Weil suggested compromising to ten (10) years to give the church a chance to benefit from the building; noted that the parishioners take good care of the church; and at the end of the ten (10) years, an extension could be considered. Commissioner Kasalek asked if the church would pay the same fee as a new CUP at the end of five (5) years; would not like to see them put out the money if the building is fine; was concerned that the same type of buildings did not hold up after three (3) years; and that even though the church intends to take care of the building, would not like to see a building that cannot be repaired. Commissioner Butler stated that ten (10) years would be good, but should review in five (5) years with no CUP fee and extend for another five (5) years depending upon condition; that it may set a precedent. The Director stated that it is difficult to have an extension without being subject to due process of a public hearing; that it could be directed to be done without additional fees; that additional timeframe could be required with a maintenance clause. Commissioner Well asked if ten (10) years with a maintenance condition would be a problem for staff. The Director replied that staff could provide conditions if directed by the Commission. appropriate Commissioner Butler suggested seven (7) years with a no cost public hearing. Commissioner Weil requested a consensus: 10 years with maintenance clause: failed 2-3; Commissioners Weil and Baker voting in favor. 7 years with maintenance clause: carried 3-2.Commissioners Weil and Baker voting aqainst. The Director changed Condition 1.4 and added 1.8, as moved. The Public Hearing was re-opened at 7:56 p.m. Mr. Gless stated that he understood all conditions and agreed. The Public Hearing was closed at 7:57 p.m. Commissioner Butler moved, Stracker seconded, to approve Conditional Use Permit 93-001 and Design Review 93-029 by adopting Resolution No. 3211 as revised. Exhibit A, page 2, Item 3.1, correct typo (20) to (10) feet. Item 1.4, strike five years and insert seven years and at end of paragraph add, "Said public hearing shall be conducted without the need for the applicant's payment of a new application fee." Add Item 1.8 to read, " The applicant shall keep said modular unit fully maintained in good repair and in good exterior physical condition." Motion carried 5- 0. Planning Commission Minutes December 13, 1993 Page 8 7. Tentative Parcel Map 93-177 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: PHILIP BETTENCOURT 110 NEWPORT CENTER DRIVE, STE 150 NEWPORT BEACH, CA 92660 CHAMANREAL, INC. N.V. C/O UBS ASSET MANAGEMENT (NEW YORK), INC. 1211 AVENUE OF THE AMERICAS, 38TH FLOOR NEW YORK, NEW YORK 10036-8796 2911 AND 2961 DOW AVENUE, TUSTIN PLANNED COMMUNITY INDUSTRIAL (PC-IND) IT HAS BEEN DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 15) PURSUANT TO THE PROVISIONS OF SECTION 15315 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO SUBDIVIDE A SINGLE DEVELOPED PARCEL INTO TWO PARCELS. Recommendation - It is recommended that the Planning Commission forward Tentative Parcel Map 93-177 to the City Council with a recommendation of approval by adoption of Resolution No. 3210, as submitted or revised. Presentation: Dan Fox, Senior Planner Commissioner Baker asked about the moratorium on sidewalks. The Director replied that as a condition of a building permit the moratorium was on hold; that under the subdivision map act, the Commission has the ability to impose the condition for subdivisions. The Public Hearing was opened at 8:01 p.m. Mr. Philip Bettencourt, United Bank of Switzerland Asset Management, stated that the parcel should have been subdivided in the first place for marketability; that Building 1 is occupied by Crazy Shirts and Building 2 is vacant; that they are prepared to meet the sidewalk obligations. Commissioner Stracker asked if the applicant had read the staff report. Mr. Bettencourt affirmed and agreed with the report. The Public Hearing was closed at 8:03 p.m. Commissioner Butler moved, Baker seconded, forwarding Tentative Parcel Map 93-177 to the City Council with a recommendation of approval by adopting Resolution No. 3210 as submitted. Motion carried 5-0. o Vesting Tentative Tract Map 14797, Conditional Use Permit 93- 010, Desiqn Review 93-009 and Hillside Review 93-001 APPLICANT/ LANDOWNER: LOCATION: ZONING: CALIFORNIA PACIFIC HOMES 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 LOTS 11 AND LOTS LL AND KK OF TRACT 13627 PLANNED COMMUNITY RESIDENTIAL - EAST SPECIFIC PLAN, MEDIUM DENSITY RESIDENTIAL TUSTIN Planning Commission Minutes December 13, 1993 Page 10 and that the units with less than nine (9) feet are predominant on the site. Commissioner Stracker asked if the slopes were to be hydroseeded in areas not to be developed. Staff replied that the areas being graded for future development are required to be hydroseeded. The Public Hearing was opened at 8:35 p.m. Bill Moorhous, Director Project Management, California Pacific Homes, stated that the site has a lot of constraints including pipelines, coastal sage brush and fire clearance areas; indicated areas of development on illustration; that Condition 4.10 of Resolution No. 3214 requires permanent landscaping within three (3) years; that they understood that nine (9) foot driveways with a sidewalk created a 14 foot situation, but did not understand that a five (5) foot driveway with a five (5) foot sidewalk was of concern; that the parking ratio of the project is 39 spaces over required amount and there are a lot of street areas which will help with improper driveway parking; accepted the condition regarding temporary and permanent landscaping, but that was not what was indicated on Page 8; and inquired if it was agreed to delete the 90 days on Item G. The Director affirmed and reworded the second to the last line of Item G to say "each" individual phase of construction. Mr. Moorhous indicated that with the changes they agreed with Items F, G, and H; but D and E were still in question. The Director replied that a permanent cut and fill or retained slope is created and prior to release of a building permit, protection is required in the form of temporary or permanent landscaping, at least in the form of hydroseeding. Mr. Moorhous agreed with the first part of D; but requested a clarification of the remainder regarding requirements prior to release of production permits; that the requirement is for only the four (4) months that the house in under construction. The Director clarified that they intended the certification be required within each phase of construction; that it is not an unusual requirement once the cut and fill is made; that Tustin's ordinance is not specific, but requires revegetation in a timely manner for only the slopes subject to slope warranty. Commissioner Stracker asked if the other phases of development would have the requirement as being developed. The Director replied that it was required in phases; that it should be protected prior to issuance of a building permit; that they only need to protect the area they are working in. Commissioner Weil stated that due to the recent fires, the forestry service and others are pushing for reseeding of barren hillsides. The Director stated that it was originally proposed that landscaping be in conjunction with the grading permit, but staff already modified the language due to concerns of the applicant; that the slopes that are applicable are covered by the slope warranty program listed in Slope Warranty Exhibit C-i, Sheet 7 of packet. Planning Commission Minutes December 13, 1993 Page 11 Commissioner Stracker commented regarding a developer that had hillsides erode due to insufficient erosion control. Mr. Moorhous commented that the landscaping will be torn out and redone in four (4) months; that the first part of Item D requires erosion control, but he was concerned regarding temporary irrigation. Commissioner Kasalek asked what erosion control is being done. Mr. Neil Morrison, Hunsaker and Associates, indicated several erosion control methods of hydroseeding, spray glue, and matting; and that many products do not require irrigation; that temporary or permanent irrigation will be torn up during construction due to delivery trucks. Commissioner Weil asked how they are intending to protect the slopes; and what time of year construction would be occurring. Mr. Moorhous replied that it will be protected with polymers or hydroseeding; and construction will take place during various times of the year. Commissioner Kasalek asked why the applicant was being required to provide temporary irrigation. The Director replied that the irrigation was temporary consistent with standards as shown on Tract 13627 which included a watering truck; that slopes BBB and EE are permanent manufactured slopes which have not been protected; that most slopes are accessible from roadways and pads; and that the AQMD requires the site be watered down during grading and construction phases. Mr. Moorhous agreed with the Condition with the additional wording regarding Tract 13627. The Director added language to Item D, as moved. Mr. Moorhous stated that they would install permanent irrigation on the down slope from Jamboree and the upslope at the end of the project concurrent with Certificate of Occupancy for Phase I; and that there was a problem with the 90 day requirement. The Director stated that it was a condition of Tract 13627, and that there could be a condition exposing the manufactured slope prior to Certificate of Occupancy in Phase I construction; that they should be hydroseeding on the slope; and agreed to delete the requirement of 90 days in Item E. Commissioner Weil reiterated her fear for the future residents of the tract; that people moving into three bedroom homes will eventually have teenage drivers with friends who will park in the driveway. Mr. Moorhous asked for a clarification of the Commission's concern regarding short driveways. Commissioner Weil stated that she would like to see shorter driveways; was concerned with driveways that force people to park in the street; that she liked the number of sidewalks; that they are creating more of a crowded look when cars park across sidewalks and pedestrians are pushed out into the street. Commissioner Stracker asked why the rear slopes would not be daylighted off the ridgeline and lower the pads. Planning Commission Minutes December 13, 1993 Page 12 Mr. Morrison stated that they are restricted by drainage purposes and pipelines; and that the downslope would be eliminated in the future. The Public Hearing was closed at 9:12 p.m. Commissioner Butler agreed with the revisions; and stated that he liked projects without sidewalks; that there are two developments in the North Tustin area without sidewalks where the residents enjoy walking in the streets. Commissioner Baker was glad that the erosion problem was solved. Commissioner Kasalek stated that she liked most of the colors, but not the orange shade. Commissioner Stracker appreciated the efforts of staff and stated that temporary irrigation is important. Commissioner Butler identified that the Commission had a previous conversation with the staff regarding this issue. Commissioner Baker moved, Butler seconded to approve the Environmental Determination for the project by adopting Resolution No. 3212 as submitted. Motion carried 5-0. Commissioner Baker moved, Butler seconded, to approve Conditional Use Permit 93-010 by adopting Resolution No. 3213 as submitted. Motion carried 5-0. Commissioner Baker moved, Butler seconded, to approve Design Review 93-009 by adopting Resolution No. 3214 as revised. Exhibit A, page 2, Condition 2.1 C to read, "Final grading and specification consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. Subject grading submittal shall comply with all requirements of Condition Nos. 4.1 through 4.3 contained in Exhibit A of Planning Commission Resolution No. 3216." Exhibit A, page 3, Condition 3.3 revised to read, "Note on final plans that a six-foot high chain linked fence shall be installed around the limits of construction as determined by the Building Official prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles." Exhibit A, page 5, Condition 3.10 revised to read, "The front door of floor plan 2, when not visible from a private street (Units, 5, 9, 15, 22, 27, 29, 41, 47, 52, 65, 71, 72 and 85), shall be improved with a metal frame to enhance security in the recessed doorway." Exhibit A, page 6, Condition 4.2 first paragraph revised to include Conditions No.s 4.1C and 4.2. Motion carried 5-0. Commissioner Baker moved, Butler seconded, to approve Hillside Review 93-001 by adopting Resolution No. 3215 revised as follows: Exhibit A, page 2, Condition 1.7 to read, "Grading specifications shall comply with all requirements of Condition Nos. 4.1 through 4.3 contained in Exhibit A of Planning Commission Resolution No. 3216, which specify that manufactured slopes have a curvilinear shape and be landscaped to minimize impacts. In addition, prior to issuance of a grading permit, the subdivider shall execute a slope warranty program in compliance with the Grading Manual. Maintenance of common area slopes shall be the responsibility of the Homeowners' Association and slopes within private yards, the responsibility of the homeowner." Exhibit A, page 2, Condition 1.8 adds the word "Lot "BB". I!11! 1 ..... II Planning Commission Minutes December 13, 1993 Page 13 Exhibit A, page 2, Condition 1.9, to read "Landscaping and Irrigation plans shall comply with all requirements of Condition Nos. 4.1 through 4.9, included in Exhibit A of Planning Commission Resolution No. 3214, and Condition Nos. 4.1.C and 4.2 included in Exhibit A of Planning Commission Resolution No. 3216 in order to minimize erosion and siltation. In addition, slope landscaping will be designed so as to soften the appearance of manufactured slopes and provide an undulating character." Exhibit A, page 2, Condition 1.10 adds the word "through 9.4". Motion carried 5-0. Commissioner Baker moved, Butler seconded, to recommend approval to the City Council of Vesting Tentative Tract Map 14797 by adopting Resolution No. 3216 revised as follows: Exhibit A, page 6, Condition 4.1 C 1, add the word the to the beginning of the sentence and remove the "s" from the word bays. Exhibit A, page 7, Condition 4.2 was renumbered and adds items D through I as follows: "D. Ail permanent cut slopes in excess of 5 feet and fill slopes over 3 feet shall be protected against damage by erosion, siltation and rodents prior to final certification of rough grading pursuant to the applicant's construction phasing plan or modifications which may be approved by the Director of Community Development. At a minimum, prior to release of production unit building permits within each phase of construction, temporary irrigation and landscaping shall be installed, although the applicant may choose at their discretion to install permanent landscaping. Temporary landscaping materials shall be subject to approval of the Director of Community Development , but shall at least be hydroseeded, consistent with the temporary landscaping and irrigation standards and notes shown on the approved rough grading plan for Tract 13627. E o Temporary landscaping on Lots "BB" and "EE" shall be installed prior to the issuance of the first building permit for the tract, including the models, as required by the original grading permit for Tract 13627. Fo Permanent landscaping and irrigation shall be installed along the entire Pioneer Road frontage prior to issuance of any certificate of occupancy for this tract, including the models. Go Permanent landscaping and irrigation shall be installed on all permanent cut slopes in excess of 5 feet and fill slopes over 3 feet prior to the issuance of certificate of occupancy and release of grading bonds for each individual phase of construction. Ho The construction phasing plan, for purposes of design and installation of permanent and temporary landscaping and irrigation, shall be modified to include all manufactured slopes within the Tract boundary, subject to the approval of the Director of Community Development. Condition Nos. 4.1 through 4.9 of Planning Commission Resolution No. 3214 and Condition Nos. Planning Commission Minutes December 13, 1993 Page 14 1.9 and 1.13 of Planning Commission Resolution No. 3215 shall be satisfied prior to issuance of any building permits for structures located within this tentative tract." Condition 4.3 was renumbered. Motion carried 5-0. OLD BUSINESS: 9. City of Tustin Draft General Plan Revision Recommendation - It is recommended that the Planning Commission continue action on the General Plan until January 10, 1994. Presentation: Rita Westfield, Assistant Director Commissioner Baker asked if there were any new comments. The Director replied that some agencies had significant traffic concerns. Commissioner Kasalek moved, Baker seconded, to continue this item to the meeting on January 10, 1994. Motion carried 5-0. NEW BUSINESS: 10. Use Determination 93-005 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JACQUES DOUMANI SALON 25532 EL TORO ROAD, #8 EL TORO, CA 92630 615 EAST FIRST STREET FIRST STREET SPECIFIC PLAN, OFFICE PRIMARY USE THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO SECTION 15305 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO DETERMINE WHETHER A COMMERCIAL USE WOULD BE PERMITTED AT THE VACANT BANK STRUCTURE LOCATED AT 615 EAST FIRST STREET. Recommendation - Pleasure of the Commission. Presentation: Becky Stone, Assistant Planner Commissioner Baker moved, Kasalek seconded, Motion carried 5-0. to table this item. STAFF CONCERNS: 11. Report on actions taken at December 6, 1993 City Council meetinq Staff reported on the subject agenda. Staff requested direction from the Commission on the matter of holding the December 27, 1993 meeting. A consensus vote of 5- 0 agreed on no meeting for December 27, 1993. Staff gave a summary report on the two Base Closure Task Force meetings held on December 7 and llth. At the Commission's next meeting, January 10th, staff will provide a list of the alternatives given to the community through these meetings. Planning Commission Minutes December 13, 1993 Page 15 COMMISSION CONCERNS: Commissioner Kasalek - Noted that she had been at the Task Force Committee meeting on Saturday, December llth and was very impressed. - Received a complaint from Scantron which was very upset with the Fire Department. Staff will follow up on this complaint. Commissioner Stracker - Stated his appreciation to staff for the memorandums to seek the Commissioner's input. - Inquired if there was anything that the Commission should know concerning the collapse of the Sav-On overhang. Staff noted that the problem occurred due to faulty field technique on the part of the construction contractor whose workers yanked the overhang down instead of saw cutting it. It was noted that at this time they have been instructed to continue their removal process from midnight to 7:00 a.m. to reduce the chance of any further danger to passers by. - Inquired about the activity by the City of Irvine at Jamboree Road. Staff stated that there had been a Zone Change request to allow the Irvine Company to develop a reserve area. Tustin has responded to the initial study. The County is also intending to process a Specific Plan for the Irvine Company property east of Jamboree Road. - Asked if Jamboree Plaza had been sold or auctioned. Staff replied that as far as staff knows the property was still in the hands of Kemper and a CHP facility was being developed there. Staff will follow up. Commissioner Baker - Wished everyone the best of the Holiday Season. Commissioner Butler -Inquired if the gym project was on schedule. Staff responded affirmatively. - Inquired if the Sports Park was on schedule. Staff replied that it will be under construction in February. Commissioner Weil - None Planning Commission Minutes December 13, 1993 Page 16 ADJO~NT: Commissioner Baker moved, Stracker seconded, to adjourn the meeting at 9:36 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on January 10, 1994 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Kat~ Weil~ Chairperso~n