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HomeMy WebLinkAboutPC Minutes 02-08-93MINUTES TUSTIN PLANNING COMMISSION REGULAR M~ETING FEBRUARY 8, 1993 CALL TO ORDER: 7:10 p.m., Tustin Senior Center PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Kasalek, Baker, Butler, Stracker and Well 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 CAiN 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 CALENDARARE 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 25, 1993 Planninq Commission meetinq. 2. Final Tract Map 14410 APPLICANT/ OWNER: LOCATION: LEWIS HOMES MANAGEMENT CORP. P.O. BOX 670 UPLAND, CA 91785 ATTENTION: MR. PATRICK LOY LOTS 7, 8, "N", "0" AND "U" OF TRACT 13627 ZONING: ENVIRONMENTAL STATUS: REQUEST: EAST TUSTIN SPECIFIC PLAN: RESIDENTIAL/HILLSIDE DISTRICT LOW DENSITY THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CREATE 146 NUMBERED LOTS AND 37 LETTERED LOTS TO ACCOMMODATE 146 SINGLE FAMILY DWELLING UNITS Recommendation - It is recommended that the Planning Commission adopt Resolution No. 3118 recommending to the City Council, approval of Final Tract Map 14410 to the City Council, as submitted or revised. Planning Commission Minutes February 8, 1993 Page 2 Commissioner Weil moved, Baker seconded to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Commissioner Kasalek requested that Item 6 be moved forward on the agenda. 3. Extension of Temporary Use Permit 93-001 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MC WHINNEY BERRIES P.O. BOX 4423 HUNTINGTON BEACH, CA. 92605 FRANK GREINKE P. O. BOX 4259 ORANGE, CA 92613 NORTHEAST CORNER OF NEWPORT AVENUE AND EL CAMINO REAL CG (COMMERCIAL GENERAL) THIS PROJECT HAS BEEN DETERMINED TO BE MINISTERIALLY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15268 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION OF AN EXTENSION OF A TEMPORARY USE PERMIT FOR AN ADDITIONAL FOUR MONTHS RESULTING IN AN EXPIRATION DATE OF JUNE 25, 1993, FOR THE SALE OF STRAWBERRIES IN AN OPEN-AIR STAND. Recommendation It is recommended that the Planning Commission approve the request to extend Temporary Use Permit 93-001 by Minute Order. Presentation: Becky Stone, Assistant Planner Commissioner Weil asked if Mc Whinney Berries intended to support a local charity, again; and asked for clarification, since the applicant's original request was based on non-profit organizations needing support. The Director replied, under the advice of the City Attorney regarding this topic, the Planning Commission or staff is not able to consider that as a condition of the Temporary Use Permit and that it was correct that the original request was made to benefit non-profit organizations, but when the use determination was made, it was determined that this could not be considered since you could not separate commercial from non-profit contributions. The Public Hearing was opened at 7:53 p.m. Commissioner Stracker asked how many other facilities they had; and if there was a way to screen or landscape the huts to improve their appearance. Tina Misitano, Director Community Relations for Mc Whinney Berries, replied that there were approximately 15 other locations; and that Mc Whinney Berries makes every effort to make the stands appealing; that they grade the property to keep up appearances. The Public Hearing was closed at 7:55 p.m. Commissioner Butler moved, Weil seconded to approve the request to extend Temporary Use Permit 92-001 by Minute Order. Motion carried 5-0. Planning Commission Minutes February 8, 1993 Page 3 4. Conditional Use Permit 93-002 APPLICANT: LANDOWNER: LOCATION: ROLAND C. DE AENLLE 17721 ANGLIN LANE TUSTIN, CA 92680 ROLAND C. DE AENLLE 17721 ANGLIN LANE TUSTIN, CA 92680 17721 ANGLIN LANE ZONING: ENVIRONMENTAL STATUS: REQUEST: SINGLE FAMILY RESIDENTIAL (R-i) DISTRICT THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO SECTION 15303 (CLASS 3) TO AUTHORIZE AN EXISTING ROOF MOUNTED SATELLITE DISH ANTENNA EXCEEDING THREE (3) FEET IN DIAMETER, LOCATED IN A RESIDENTIAL ZONE Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 93-002 by adoption of Resolution No. 3119, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Weil asked what brought the violation to the City's attention; if the applicant was the owner when the antenna was installed; and how long the property has been in the City. Staff replied that they received a code enforcement complaint regarding other items on the property but that the satellite dish antenna was not part of the original complaint. Upon observing the antenna and determining that it was installed without a permit, it became part of the overall code enforcement action; confirmed that the owner corrected most of the other violations; affirmed that the applicant is the same owner who installed the antenna; and that staff believes this property was part of the City when the antenna was installed, but was not sure if a Conditional Use Permit was required when it was installed; that the applicant did not obtain a building permit; and that the antenna was virtually obscured from other properties. Commissioner Butler stated that this area has been part of the City for 12-15 years. The Public Hearing was opened at 8:02 p.m. The Public Hearing was closed at 8:03 p.m. Commissioner Butler asked if there could be any provisions for additional fines or levies even though they have been waived to ensure that others do not install antennas without permits; and that there should be penalties in the future. Staff replied that there would be some after-the-fact penalties but the owner was granted a fee waiver by the City Manager's office. The Director stated that the City Manager has the ability to take action and waive fees when hardship is provided and substantiated; that there is generally a triple penalty for work done without a permit; that there was some confusion at the time of installation; and the applicant responded favorably to a request to process an application request. Commissioner Weil stated that the Commission went through a six- month study in the 1980's on dish antennas with expert testimony; that the Code is a brief description of that study; that the Code is strict regarding placement; that a 7 1/2 foot dish antenna is an eyesore, which the City was trying to avoid; that the City has a Planning Commission Minutes February 8, 1993 Page 4 good cable system; that the applicant installed the antenna without benefit of a permit which would have informed him of the restrictions that he had to abide by; that she did not feel the Commission should grant approval and that they would be setting a precedent for the Community; that there is a lot of emotional feeling regarding placement of antennas; that granting approval would open a Pandora's box; and that perhaps they should not grant approval, but request removal in the future. The Director stated that it would be difficult to respond this evening without requesting removal; that it would be difficult to monitor if time was allowed before removal; that it would not preclude others from assuming that a precedent was set; that a termed approval could be made, requiring it to be removed or replaced upon sale, refinance, or transfer of property. Commissioner Baker stated that he preferred staff's recommendation of a conditional approval with any change or sale of the property requiring removal and relocation, if possible. Commissioner Kasalek asked if there was some confusion as to when the antenna went in versus when the antenna criteria was in place. The Director replied that it was difficult to determine the exact date, and would have provided it if available. Commissioner Weil stated that the point was that he did not pull a building permit in the first place. Commissioner Butler asked Commissioner Weil if she would approve it if he was intending to install it today; that a 3.5 foot dish would be approved. Commissioner Weil replied that she probably would not approve it since a letter of objection has been received from a neighbor, and that the conditions of approval require more trees which will take at least 5-10 years for screening and is not a viable mitigation; and that the height above the roof is nine (9) feet. Staff replied that the height is actually one to two feet above the highest point of the roof line. Commissioner Kasalek stated that upon driving around the neighborhood, she could not see the antenna and asked how visible it was. Staff replied that 75% could be seen from one property to the west; that landscaping had been installed in the last several years, but will replace some shorter trees with other fast growing trees. Commissioner Weil commended the applicant for providing screening, since most people do not provide any. Commissioner Butler asked if any notification other than this day's fax from a neighbor had been received complaining about this satellite dish in the past seven (7) years. Staff replied negatively. Commissioner Weil stated that people do not realize that the dish antennas are illegal, require a use permit, and can be an eyesore. Commissioner Stracker stated that the staff report indicated it could be seen from 17731 Anglin. Staff replied that there was no response from that address. Planning Commission Minutes February 8, 1993 Page 5 Commissioner Kasalek stated that she was surprised it was not an issue before this; that the tall vegetation may require it to be located up high; that it can be adequately screened; and she is bothered by requiring it to be removed when there has not been a lot of complaints in the past seven (7) years; and would prefer to follow staff's recommendation to remove it upon a deed change or other action on the property. The Director provided language to modify Condition 1.3, add 1.4 and add Condition 3.3, as moved. Commissioner Baker stated that he would not want transfer to a living trust to activate the deed change. The Director replied that the language provided was a standard covenant; and would have the attorney review the matter. Commissioner Butler stated he was not in favor of restricting this application since the antenna was well shielded and no other complaints have been received; and that he was not comfortable with building permits not having been requested. Commissioner Kasalek agreed that the language should be reworded regarding refinancing and living trusts. The Director replied that the reason the applicant is applying for a use permit is that he has represented a lack of finances to comply with the current provision of the Code which would have required mounting of the antenna at ground level; the application fee would be $525 plus environmental documentation; that with the argument of financial hardship, there is a counter argument for financial gain from refinancing. John Shaw, City Attorney, stated that living trusts could be excluded from a transfer. The Director changed the language provided to state "with the exception of a living trust." Commissioner Stracker stated that he did not obtain a building permit, but understands the problems the applicant had. Commissioner Kasalek stated that it may not be clearly known that a permit is required; and that seven (7) years ago when it was installed he may not have realized a permit was necessary; although, being in the City, people should know what processing is required. Commissioner Baker agreed with the application. The Public Hearing was re-opened at 8:24 p.m. Roland De Aenlle, 17721 Anglin Lane, resident, stated that the issue came about because of a disgruntled neighbor; that the antenna is not visible from anywhere, except when standing on top of a two foot orange tree in the neighbor's yard; that he did not know he needed a permit when he installed it, and would have gotten a permit when he could have afforded it; and that this is a much larger issue than just the satellite. The Public Hearing was closed at 8:26 p.m. Commissioner Baker moved to approve Conditional Use Permit 93-002 by adoption of Resolution No. 3119, with Exhibit A, Condition 1.3 revised to read, "This Conditional Use Permit approval shall become null and void unless building permits are issued within 90 days of the date of this Exhibit". Motion died for lack of second. Planning Commission Minutes February 8, 1993 Page 6 Commissioner Weil moved to deny approval of Conditional Use Permit 93-002. Motion died for lack of a second. Commissioner Butler moved, Stracker seconded to approve Conditional Use Permit 93-002 by adoption of Resolution No. 3119 as submitted. Motion fails 3-2. Commissioners Weil, Baker, and Kasalek opposed. Commissioner Stracker asked if the deed restriction automatically occurs upon sale of the property; and upon sale would the new owner be required to request a conditional use permit. Staff replied that the Conditional Use Permit runs with the land and the new property owner would be required to comply with all conditions of approval that were established, but could come back to the Commission to amend any conditions; and that the new owner would be alerted by the deed restriction of the conditions. The Director stated that the Commission has the ability to term the approval for a Conditional Use Permit within a time frame; and that the City would be notified by the title company of the transfer, through escrow. Commissioner Baker moved, Weil seconded, to approve Conditional Use Permit 93-002 by adoption of Resolution No. 3119 with Exhibit A, Condition 1.3 revised to read, "This Conditional Use Permit approval shall become null and void unless building permits are issued within 90 days of the date of this Exhibit. Condition 1.4 added to read, "Conditional Use Permit shall be valid only for the term of Condition 3.3. Upon any reconveyance, transfer, sale or refinancing of the property at 17721 Anglin Lane, Conditional Use Permit 93-002 shall become null and void", and with the addition of Condition 3.3 to read, "That the applicant agrees to sign a deed restriction on the subject property approved as to form by the Community Development Department and the City Attorney, requiring removal of the subject dish antenna or reinstallation on compliance with Tustin City Code Section 9271y, (criteria for dish antenna installation, requiring installation of a dish antenna at ground level), upon reconveyance, transfer, sale or refinancing of said property with the exception of a living trust transfer. Motion carried 3-2. Commissioners Weil and Butler opposed. 5. Code Amendment 92-005 APPLICANT: ZONING: ENVIRONMENTAL STATUS: REQUEST: SMART SMR OF CALIFORNIA, INC. 1335 SOUTH ACACIA FULLERTON, CALIFORNIA 92631 ATTENTION: ERIC MEARS CITYWIDE: INDUSTRIAL (M) DISTRICT AND COMMUNITY - INDUSTRIAL (PC-IND) DISTRICTS PLANNED A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND THE TUSTIN CITY CODE RELATING TO THE INDUSTRIAL DISTRICT AND PLANNED COMMUNITY DISTRICT REGULATIONS FOR TWO INDUSTRIAL AREAS TO ALLOW ANTENNAS THAT ARE OPERATED FOR A USE NOT GRANTED A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BY THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, AS CONDITIONALLY PERMITTED USES Recommendation - Pleasure of the Commission. Presentation: Daniel Fox, Senior Planner Commissioner Baker asked if it would allow the antennas to be placed on the Silicon Systems property; and asked for a clarification of the 20 year term request. Planning Commission Minutes February 8, 1993 Page 7 The Director affirmed and replied that this would allow antennas to be located in all industrial parks south of Valencia. Staff noted that there are no residential areas presently adjacent to those areas; that there is one industrial area near the Barn Restaurant in which antenna facilities would be prohibited; and that the applicant indicated that it may be 20 years before they need these facilities. Commissioner Kasalek asked if limiting this to one (1) facility per lot was an original criteria. Staff replied that that was in the original application; and that it would not be appropriate to have more than one per lot since the property is subdivided in the industrial area; and that the distance requirement from the residential areas and elimination of the PM District limits the proliferation of antennas in one area. Commissioner Weil asked about the filtering device that would be provided for interference. Staff replied that Laurelwood Association asked how the FCC responded to complaints; that the FCC no longer responds to individual complaints but provides a filtering device; that most complaints are from commercial to commercial providers, and that it is unlikely that a commercial operator would provide interference on home electronics. Commissioner Weil asked who the Community should notify if interference is experienced. Staff replied that the FCC should be notified. Commissioner Kasalek suggested individuals to the FCC. that the City could refer Commissioner Weil asked if a red light was required atop the 65 foot towers. Staff replied that it would depend on location; that the Marines are requiring a warning light for a PacTel tower; that 65 feet is the maximum height, and may not be able to be achieved due to flight paths. The Director stated that the flight corridor would be removed after the 1997 base closure. Commissioner Baker asked the height of the pole at Tustin High School. Staff replied that it was approximately 70 feet, without a red light; that it was not in the flight path; and that airplanes were required to maintain 1500 feet at that location. The Public Hearing was opened at 8:42 p.m. The Public Hearing was closed at 8:43 p.m. Commissioner Butler asked if a letter received was requesting a change from 1,000 feet to 300 feet distance from residents; and that he recommended that the 1,000 foot requirement be retained, but applicants could apply through a Conditional Use Permit for a deviation. Staff affirmed, but that the applicant was not present to expand upon that; and that the standard could not be varied from due to being a development criteria. Planning Commission Minutes February 8, 1993 Page 8 The Director stated that these standards are tied to the use. Commissioner Butler asked if there was a reason for not allowing an antenna in an existing building. Staff replied that the first draft made provisions to separate them into visible versus non-visible antennas; and that the advantage to a Conditional Use Permit is to design the structure to be the least obtrusive. Commissioner Butler stated he would like to keep this as unrestrictive as possible; and asked if a CUP has a different cost structure. Staff replied that a design review would cost $275 and a CUP would cost $380 and would have noticing requirements. Commissioner Butler asked if one antenna per lot was too restric- tive; and if two towers could be located near each other on two separate lots. The Director replied that there could be more than one disk and more than one user per antenna; and that the CUP would allow regulation of the dishes with one tower per lot. Staff noted they were trying to avoid having a row of poles; and that as part of the CUP, location of the poles could be considered. Commissioner Stracker asked if they were being asked to take action this evening for something that may not happen for 20 years; and voted to table it since technologies may change in that time. The Director affirmed that it could be tabled, but they would have the option of appealing to the City Council; that this is not the first inquiry for this type of facility, but is the only company that has taken the initiative to make a code amendment; and that the technology may be upon us in the near future. Commissioner Kasalek suggested that it would be appropriate to have the requirements in place. Commissioner Baker suggested that this provides guidelines to the City with parameters; and that more protection from the FCC would make him more comfortable. The Director stated that a code amendment would be required, but each request could be denied if the required findings were not made. Commissioner Weil stated that she felt that they have included enough restrictions with the future ability to look at requests. Commissioner Butler stated that the applicant inferred that there was not another city in Orange County that has approved this, which may bring business to the City; and that if they find the application acceptable, they could approve it. The Director suggested that with the recommendation request a business license fee be required to recover incurred costs. Commissioner Stracker asked if a model could be required showing adjacent uses. The Director replied that it would have to be worked into the criteria; that site line drawings would be submitted; and that a model would not be able to be required unless in the development standards. Commissioner Weil moved, Baker seconded, to adopt Resolution 4001, recommending to the City Council approval of Code Amendment 92-005, amending specific sections of the Tustin City Code and Planned Planning Commission Minutes February 8, 1993 Page 9 Community District Regulations to allow antennas as conditional uses in the Industrial (M) District and certain Planned Community Industrial (PC-IND) Districts as revised to include a fee structure for Business License fee charges. Motion carried 5-0. Commissioner Baker moved, Weil seconded, to adopt Resolution No. 4000 certifying the final negative declaration as adequate for Code Amendment 92-005 including required findings pursuant to the California Environmental Quality Act. Motion carried 5-0. OLD BUSINESS: NEW BUSINESS: o Sports Park Master Plan and Desiqn Development Report, East Tustin Recommendation - It is recommended that the Planning Commission forward the Sport Park Master Plan and Design Development Report to the City Council with a recommendation of approval by minute order, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Stracker requested a presentation from the architect. Neil Noble, project architect, stated that the East Tustin Specific Plan established it to be a park designed to serve the entire community; that construction should begin as soon as possible; the General Plan establishes it as a sports park; that there is an adjacent 10-acre school site, and the park has 20 acres; that they worked with a City committee, task force, school district, groups with potential use, and City departments to gather input towards the design; that the growth factor and economics played a factor; that the park is to be self-sufficient and earn income to cover maintenance costs; that there will be an open border between the park and school which may be separate in the future; that noise issues and landscaping were designed in. He continued with stating that the soccer fields were not lighted, but the softball fields which are lighted have an overlay for practice; that there is a multi-purpose building with concessions, small pro shop, storage, and toilets and a nearby play area; that it is landscaped to look like a park; the design is compatible with the school and neighbor- hood; that parking next to the school is parking for overflow for either the park or school; and that all parts flow together. Commissioner Weil asked if any area was available for unorganized play; if use is rented through the City Recreation Department or scheduled for regular play; and commended Susan Jones on the connection between the park and the school. Mr. Noble replied that the soccer/football fields are not permanently located resulting in an open lawn area; and that games like volleyball could be played on the grass. Susan Jones stated that those details would be considered in the future; that the plan is to have planned activity to generate revenue and provide a service to the Community; that open fields would be available on the school grounds; and that the school district was adamant that fences not be included in the plan. Commissioner Kasalek stated that she was surprised at the openness of the campus since other campuses are trying to become closed; and that she was concerned about the ability of the children to wander off and others to wander on the campus. Randy Westrick, Recreation Supervisor with Community Services Department, stated that the school district has been more adamant about not having fences than the City; that there will be fences between the school and parking area and along the border of Keller and the athletic fields; that there will be architectural, land- Planning Commission Minutes February 8, 1993 Page 10 scaping and topographical features to delineate the park from the school; that principals at similar sites set up boundaries for the children and staff; that the playground and restrooms have been located as far from the school as possible; and that if a fence is needed in the future, there is nothing to prevent installation. Commissioner Baker asked if a decision had been made whether there would be four (4) or six (6) tennis courts with the additional people. Ms. Jones replied that there would be six (6), but staffing would be dependent upon the budget. Ed Elowe, project manager, replied that the park plans would be developed at one time, and bid for the entire park at one time with provisions in the bid documents giving the City ability to make financial decisions at the time of the bid; if there is not enough money in the budget for six (6) courts, they will start with four (4); but that the space will be available. Commissioner Baker commented that he appreciated the amount of time given to people inside and outside of Tustin for input. Ms. Jones stated that as part of the attachment in the staff report, six (6) courts were made available, realizing that some other portion of the park would need to be sacrificed. Commissioner Weil asked if the reservations would be made through the City, or first come first serve. Ms. Jones replied that it was conceptual at this point, but will be determined with the working drawing phase; and offered to bring a report to the Commission when available. Commissioner Kasalek asked why barbecue areas were not being made available. Mr. Elowe replied that a restriction was made due to the commercial concession stand and their ability to keep the park clean and neat; that open barbecues also increase their maintenance and liability costs; that the area does not have a lot of use for open barbecuing; that people would be bringing food and using the concession stand; and that benches were installed instead. The Director stated that open barbecues and use of charcoal would be prohibited by AQMD by 1995; and that live gas would be costly. Commissioner Baker approved of the 200 parking spaces, but was concerned with guests in the area utilizing the parking; and asked what prevented neighbors from using the parking. Mr. Noble replied that the location is not convenient; that the planned communities have guest parking; and that the golf club entrance is directly across the street. Commissioner Stracker suggested that the school site parking is minimal and asked if parking overflow was encouraged. Mr. Noble stated that the school-provided parking serves their daily needs; that the only time they would need additional parking, would be with an open-house and that they have requested ability to have temporary street parking at those times. Mr. Elowe stated that a gate between the parking lots was agreed upon by the committees prohibiting vehicular access unless both Planning Commission Minutes February 8, 1993 Page 11 parties have agreed; that on special occasions, parking may need to be shared; that they have a bus drop-off area which is an amenity; and they are sharing their multi-purpose building with the City which saves over two million dollars ($2,000,000). Commissioner Baker asked when the school was scheduled to be built. Mr. Westrick replied that the park would probably be completed before the school; that the school was scheduled for use in 1995-96 and is still in the conceptual phase of planning; that they are comfortable and committed to locating their parking and athletic fields next to the park for shared use; that the footprint shown this evening is very close to actual; that the facilities should function as one unit in 1995-96; that schedules will be shared when there may be parking problems; that the park is typically a weekend and evening activity center, and the school is used on weekdays. Commissioner Stracker asked if the softball fields were championship fields; why basketball fields were located near Jamboree Road; and how far they are located from the street. Ms. Jones affirmed that the softball fields were championship. Mr. Noble replied that the basketball fields generate a lot of use and noise and should be located away from the school and neighbors; and that they are about 30 feet from the street. The Director stated that this is very conceptual; that they will be coming back with a design review application with details for the Commission to verify and certify. Commissioner Kasalek asked if the basketball fields were lighted. Ms. Jones replied that they are not lighted due to finances; and that peripheral fields will allow for some night play. Commissioner Butler asked what the second phase would look like if developed in two phases; suggested that the tennis courts should be developed all at once in case costs increase and to avoid distraction after completion of the first four courts; asked who was determined to operate the concession stand; and asked the depths of the fields. Mr. Elowe indicated on the illustration that the primary goal is to split the land mass in half; that they would prefer to install six courts in the first phase; otherwise, they would leave the middle section as lawn area with the pad and end fencing to be added later; that the concession stand would be sent for bid. Mr. Noble stated that they are 310 foot deep. Ms. Jones stated that they would use restrictive flight softballs. Mr. Elowe stated that the fields are bowled out with a natural grade break and natural drainage. Commissioner Butler asked about the possibility of batting cages for increased income. Mr. Elowe stated that the land use is limited, and the issue was not brought up at meetings; that a batting cage requires nearly as much room as a field; and that this plan provides the best compromise to serve as many people as possible. Planning Commission Minutes February 8, 1993 Page 12 Commissioner Butler asked if reclaimed water would be used; and if the school district has to come before the Commission for design review. The Director replied that reclaimed water would be dealt with conditions in the design review application; and that most landscaped areas are allowed to be irrigated with reclaimed Irvine Ranch Water District; and that the school district is exempt under State law from local zoning control. Mr. Elowe stated that the school district is sitting with the City on their committee; and the information is shared with the Commission as it is available. Commissioner Butler asked if the soccer fields could be lighted in the future; and with increased lighting, would additional parking be required; and how many bathrooms are provided. Mr. Elowe replied that the parking is to the maximum design, as though all fields were being used at once, by participants; and that part of the bid will be to provide an option for laying conduit now for future use. Mr. Noble replied that the bathroom facilities were calculated based on the park being fully in use; that there are 6 stalls in the women's bathroom; and that the fields are used on a staggered basis. Commissioner Butler asked how many parking spaces were at the Columbus Tustin Park, which has been adequate with four (4) fields and tennis. Ms. Jones replied that there were 196 spaces. The Director noted that it was also to accommodate the gymnasium. Commissioner Stracker asked about inclusion of a jogging trail; stating that it would be nice to get the joggers off of the street in that area. Mr. Noble stated that it was not shown, at present, but has been considered to be located around the perimeter; and was not impossible to include. Mr. Elowe stated that they would have to interface with the school district to make a jogging trail complete. Commissioner Weil moved, Stracker seconded, to forward the Sport Park Master Plan and Design Development Report to the City Council with a recommendation of approval by minute order as submitted. Motion carried 5-0. Air Quality Manaqement District Proposal for Regional Transportation/Air Quality Performance Tarqets Recommendation - Receive and file. Presentation: Dana Ogdon, Senior Planner A discussion was held between staff and the Commission regarding the AQMD transportation requirements with questions regarding enforcement of 61% reduction in non-work trips, and current low air pollution. Planning Commission Minutes February 8, 1993 Page 13 Commissioner Baker moved, Butler seconded, to receive and file this report. STAFF CONCERNS: o Report on actions taken at February 1, 1993 City Council meetinq. Staff reported on the subject agenda. The Director informed the Commission that a number of members of the City Council, as well as applicants, were requesting verbatim minutes available with the agenda on Thursday; and that a court reporter was possibly the only option. Commissioner Weil suggested that a substitute, or addition to that might be informing the Council members of problem issues. A discussion was held between staff and the Commission regarding the fortune telling business and zone change request of December 14, 1992. COMMISSION CONCERNS: Commissioner Butler -Commended the Police and Fire Department during the recent incident at his office building at Prospect and Irvine involving the girl who was burnt. Both departments responded immediately and averted a lot of damage to the building with the police apprehending the alleged culprit. He thought the departments did a great job. Commissioner Baker -Commented that the Water Department yard at First and Newport that the Commission asked to be cleaned up looks "wonderful." The three dumpsters have been picked up and now there are only a few 55 gallon barrels. He also asked that when the City is dealing with contractors, such as the ones now in place on Main Street, that the contractor be made more sensitive to businesses along the right-of-way so that the merchants are not impacted unfairly by the construction. Several complaints had been made concerning the contractor parking across driveways etc. Commissioner Weil -Wanted to know if a complaint could be lodged concerning TV coverage at the City Council meetings. Previous coverage had been good but lately there is just a notice on the screen indicating that there is no live coverage and that coverage will be available after the meeting but then, even that is not available. She feels it is very detrimental. Staff will pass this request on to Katie Pitcher of the Public Works Department. -She has noticed a homeless person camped out under the I-5 bridge on Red Hill. Commissioner Stracker -Noticed that Tustin Tire and Brake tore down their building and nothing has been happening. Staff noted that they have some time to complete the conditions of approval but that we Planning Commission Minutes February 8, 1993 Page 14 will get a schedule from the applicant. check. They are now in plan -Asked when First Street Bridge was schedule to be open. Staff replied - April. Commissioner Kasalek -Received a complaint call this week concerning the railroad and the trains that are stopping and idling loudly for hours at a time and it continues both day and night; noted that it is very annoying to the residents at Peppertree; and asked who the residents could complain to or what they could do. Staff noted that they are regulated by the Public Utilities Commis-sion but a complaint could be sent through Public Works Department. The entire right-of way has been assumed by the Orange County Railroad Authority and only have lease agreements with Amtrack and So. California railway operation. Commissioner Kasalek will instruct the complainant to give staff the details of the annoyance. ADJOURNMENT: Commissioner Weil moved, Butler seconded to adjourn the meeting at 9:22 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on February 22, 1993 at 7:00 p.m. at the Tustin Senior Center, 200 S. "C" Street, Tustin. Ma f~o r.i~ Ka~al~k Cha i rp~r s on K~thleen--~lanc~ - /~ Secretary ~'