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HomeMy WebLinkAboutPC Minutes 05-26-92MINUTES TUSTIN PLANNING COMMISSION REGUL~RMEETING MAY 26~ 1992 CALL TO ORDER: 6:59 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Le Jeune, Kasparian, Kasalek and Weil 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 May 11, 1992 Planning Commission meeting. Commissioner Weil moved, Le Jeune seconded to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Extension of Temporary Use Permit 92-003 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: ROBERT CARTER 13841 HEWES SANTA ANA, CALIFORNIA 92705 FRANK GREINKE P.O. BOX 4159 ORANGE, CALIFORNIA 92613 1011 EL CAMINO REAL CG (COMMERCIAL GENERAL) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION OF AN EXTENSION OF A TEMPORARY USE PERMIT FOR AN ADDITIONAL 35 DAYS RESULTING IN AN EXPIRATION DATE OF JUNE 30, 1992, FOR THE SALE OF STRAWBERRIES IN AN OPEN-AIR STAND. Planning Commission Minutes May 26, 1992 Page 2 Recommendation - Pleasure of the Commission. Presentation: Anne E. Bonner, Associate Planner Commissioner Kasalek asked for clarification of the items of concern. Staff replied that the extra vegetables required extra signage. Commissioner Kasparian asked if there were any complaints; if there was electricity in the enclosure; and if they were limited to strawberries. Staff replied that the only complaint was due to the applicant selling more than one agricultural item at one time and that they are only allowed one item, not necessarily strawberries; that they had no permit for electricity. The Director stated that a condition had been added to Exhibit A to clarify that only one item may be sold at one time, as moved. The Public Hearing was opened at 7:04 p.m. The Public Hearing was closed at 7:05 p.m. The Public Hearing was re-opened at 7:06 p.m. Robert Carter, applicant, stated that the wire was a phone wire only; and that he was not clear at the time of investing in corn that he would only be allowed one produce item at a time for sale. The Public Hearing was closed at 7:07 p.m. Commissioner Le Jeune asked if there was an objection to more than one item being sold; and that he had no objection. The Director replied that it was part of the use determination approved by City Council. Commissioner Kasparian stated that it was a well-kept stand; and asked about the season availability of fruits and vegetables. The Director replied that strawberries were available until the end of June, and other vegetables until early fall; and that they would have to request additional time if they wanted to sell beyond June 30. Commissioner Kasalek moved, Le Jeune seconded to approve by Minute Order authorization of an extension of a Temporary Use Permit for an additional 35 days resulting in an expiration date of June 30, 1992, for the sale of strawberries in an open-air stand with revised conditions as follows: Exhibit A, Item 1., should be revised to read: "This extended temporary use permit approval is valid through June 30, 1992." Exhibit A, Add Item 14 to read: "Only one agricultural product shall be permitted to be sold at the temporary open air stand at any one time." Motion carried 5-0. Planning Commission Minutes May 26, 1992 Page 3 3. Vesting Tentative Tract Map 14168; Design Review 91-039 APPLICANT/ LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CALIFORNIA PACIFIC HOMES 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 LOTS 28, PP, QQ AND GGG OF TRACT 12870 MEDIUM DENSITY RESIDENTIAL - EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. 1. AUTHORIZATION TO CREATE NINE NUMBERED AND FIVE LETTERED LOTS FOR CONDOMINIUM PURPOSES TO ACCOMMODATE 120 DWELLING UNITS. 2. APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3032; 2. Recommend City Council approval of Vesting Tentative Tract Map 14168 by adopting Resolution No. 3033, as submitted or revised; and 3. Approve Design Review 91-039 by adopting Resolution No. 3034, as submitted or revised. Presentation: Anne E. Bonner, Associate Planner Staff made changes into the record, as moved. Commissioner Weil asked for a clarification regarding the reference to flood insurance. Staff replied that it was a standard condition to provide information as to water flow. Commissioner Kasparian asked if there were any driveways less than 19 feet; noted that the statement "utility free sidewalks" was not included in the resolution; if Irvine Water District would be supplying reclaimed water. Staff replied that there were seven (7) driveways less than 19 feet; that it was a standard condition regarding utility free sidewalks; and that the Irvine Water District would be supplying reclaimed water. Commissioner Kasparian questioned the use of ficus trees which are known for uprooting sidewalks and affecting drains. Commissioner Le Jeune noted that the new types of ficus being installed in East Tustin are non-shedding and less damaging. Commissioner Kasalek asked if there was an emergency access to this property; and if any protected birds are affected. Staff affirmed that there is an emergency access; and that there are no endangered birds. The Public Hearing was opened at 7:29 p.m. Bill Moorhous, California Pacific Homes, stated that they are in agreement with the changes that have been made; introduced staff available for comment; and that they are using a different type of ficus with root barriers. Planning Commission Minutes May 26, 1992 Page 4 Roger Pressburger, landscape architect, stated that they have selected a True Green variety of ficus which is disease resistant, evergreen, and pest free; that some varieties are more obnoxious than others; and that root pruning would be maintained every few years to eliminate sidewalk problems. Commissioner Kasparian noted that they should be concerned with the trees being low maintenance now and in 20 years. Mr. Pressburger replied that it would be maintained by the homeowners association; and that it was a responsibility to not burden them with unnecessary maintenance. Mr. Moorhous stated that they utilize an outside consultant to ensure there will not be problems. Commissioner Kasparian asked about the configuration of the women's bathroom at the recreation center. Bob Wilhelm, Richardson and Martin, replied that they are only required to install one (1) toilet in the ladies' restroom. The Director replied that the Planning Commission has no discretion in this matter and does not have the ability to impose additional restrooms based on subjective analysis. Jim Rourke, City Attorney, stated that the building code indicates the minimum that the City could require, but that the builder could install more. Commissioner Weil stated that at Tustin Meadows, the only time there was a problem was when there was a function at the clubhouse; and that most people live within walking distance to the pool. The Public Hearing was closed at 7:43 p.m. Commissioner Weil moved, Le Jeune seconded to approve the Environmental Determination for the project by adopting Resolution No. 3032. Motion carried 5-0. Commissioner Weil moved, Le Jeune seconded to recommend City Council approval of Vesting Tentative Tract Map 14168 by adopting Resolution No. 3033, revised as follows: Exhibit A, Page 2, Item 1.5: delete "plus master water metering at both entryways." and change the comma to a period. Exhibit A, Page 10, delete Item L and reletter subsequent conditions (L-Q). Exhibit A, Page 12, Item 9.3, B, change Orange County Sanitation District to "Irvine Ranch Water District" Motion carried 5-0. Commissioner Weil moved, Le Jeune seconded to approve Design Review 91-039 by adopting Resolution No. 3034, revised as follows: Exhibit A, Page 3, Item 3.3: delete "La Colina Drive and Greenway" and insert "Township" Exhibit A, Page 4, Item 4.2, A: change "along" to "alone" Planning Commission Minutes May 26, 1992 Page 5 Exhibit A, Page 4, Item 4.2, B: property boundary" and add period delete "along the westerly Exhibit A, Page 5, Item J: delete "Landscape adjacent to the private park site shall be coordinated with park landscaping." Motion carried 5-0. 4. Conditional Use Permit 92-007 APPLICANT: OWNER: LOCATION: ZONING: REMEDIATION SERVICES, INTERNATIONAL P.O. BOX 1601 OXNARD, CA 93032 BURTIS CORPORATION UNION OIL COMPANY OF CALIFORNIA PROPERTY TAX DIVISION P.O. BOX 6500 LOS ANGELES, CA 90054 16801 MC FADDEN AVENUE RETAIL COMMERCIAL DISTRICT (C-i) ENVIRONMENTAL STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO AUTHORIZE THE INSTALLATION AND OPERATION OF SELF-CONTAINED MOBILE UNIT TO EXTRACT AND TREAT CONTAMINATED VAPORS FROM THE PROPERTY LOCATED AT 16801 MC FADDEN AVENUE FOR SIX TO 24 MONTHS Recommendation - It is recommended that the Planning Commission: 1. Adopt Resolution No. 3035, certifying the Final Negative Declaration as adequate for the project; and 2. Adopt Resolution No. 3036, approving Conditional Use Permit 92-007, subject to conditions contained in Exhibit A, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Baker asked if the exhaust was a double wall stack. Staff affirmed. Commissioner Weil asked if there was any response to notice. Staff replied negatively. Commissioner Kasparian asked if the pumps were UL approved. The Public Hearing opened at 7:50 p.m. Kelly Fitzpatrick, Remediation Services, Inc., stated that there are no pumps on this system; that the vacuum which is used is UL approved; and that there are no electrical items on the system. Commissioner Kasparian asked if back-up equipment was mechanical. Mr. Fitzpatrick affirmed; and stated that a solenoid switch would shut down the system if there was a problem. Commissioner Weil asked how they determined the job was completed. Mr. Fitzpatr$ck stated that originally a consultant does several borings to estimate how long the project would take. Planning Commission Minutes May 26, 1992 Page 6 Cindy Friedeck, Remediation Services, Inc., that the system has sampling ports and that air samples are taken on a regular basis; when the samples meet a certain approved level, more borings are done to determine if the area is clear. Commissioner Kasparian asked if the applicant had read the noise abatement requirements; and where the nearest property was located. Mr. Fitzpatrick replied that the noise level would be 70 dBa at 20 feet. Staff replied that the nearest residence was 150 feet and the nearest property line was 25 feet. The Public Hearing was closed at 7:55 p.m. Commissioner Kasalek stated that the noise and safety mitigations seem acceptable. Commissioner Weil moved, Kasalek seconded to adopt Resolution No. 3035, certifying the Final Negative Declaration as adequate for the project. Motion carried 5-0. Commissioner Weil moved, Kasalek seconded to adopt Resolution No. 3036, approving Conditional Use Permit 92-007, subject to conditions contained in Exhibit A, as submitted. Motion carried 5- 9. 5. Vesting Tentative Tract Map 13733 and Desiqn Review 91-032 APPLICANT/ LANDOWNER: 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), LOTS Q AND R OF TRACT 12870 MEDIUM DENSITY RESIDENTIAL - EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. 1. AUTHORIZATION TO CREATE THIRTEEN (13) NUMBERED AND FOUR (4) LETTERED LOTS FOR CONDOMINIUM PURPOSES TO ACCOMMODATE 234 DWELLING UNITS. 2. APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3037; 2. Recommend City Council approval of Vesting Tentative Tract Map 13733 by adopting Resolution No. 3038, as submitted or revised; and 3. Approve Design Review 91-032 by adopting Resolution No. 3039, as submitted or revised. Presentation: Joann Perry, Associate Planner Staff made changes to Exhibit A of Resolution 3038, as moved. Commissioner Kasalek asked for a clarification of the $2,000 park fees. Staff replied that it was in lieu of a private park on this site. Planning Commission Minutes May 26, 1992 Page 7 The Director replied that it was not earmarked for any one park site; and that the City can use the money as priorities dictate. Commissioner Kasparian asked if parking was allowed on both sides of the 32 and 36 foot streets; and how the trash would be collected. Staff replied that 36 foot streets were approved by Engineering for parking on both sides; and that receptacles are located throughout the site. Commissioner Kasparian asked for a clarification of Item I. E. of Resolution 3038. Staff replied that a letter of understanding was renegotiated with this tract and an in lieu of fee was agreed upon. The Director stated that there was more parkland dedicated to the City than required; and that it was more practical to provide the money for park improvements than land. Commissioner Kasparian asked for a clarification of Item 1.1 I. on Page 1 of Exhibit A of Resolution 3038; and 2.5 A. on Page 4. Staff replied that landscape areas within the tract will have reclaimed water; and that it is a standard resolution; and that the easement is for a telephone line being relocated. The Public Hearing was opened at 8:18 p.m. Bill Moorhous, California Pacific Homes, stated that the project has been in review for over one (1) year, with much of the time being spent on the park issue; that they are in agreement of paying the $2,000 per unit; and that easements are being worked out with the Irvine Company and Tustin. Commissioner Kasalek asked if there were any glass windows in the tower; if they anticipated a problem with birds in the tower; and for a clarification of the color. Mr. Moorhous replied that it was open and that they did not anticipate any more problems than usual; and that the color is as shown on the color board. Commissioner Kasparian asked if there was protection provided to residents from golf balls. Mr. Moorhous replied that there are disclosures on the properties subject to isolated golf balls. The Director noted that the golf ball easement provided to homeowners was a several page document. Mr. Moorhous thanked Joann Perry for her diligence and patience on this project. The Public Hearing was closed at 8:23 p.m. Commissioner Le Jeune stated that he liked the tower and that the project was created under the density requirements. Commissioner Le Jeune moved, Kasparian seconded to approve the Environmental Determination for the project by adopting Resolution No. 3037. Motion carried 5-0. Planning Commission Minutes May 26, 1992 Page 8 Commissioner Le Jeune moved, Kasparian seconded to recommend City Council approval of Vesting Tentative Tract Map 13733 by adopting Resolution No. 3038, revised as follows: Exhibit A, Page 11, Item L: delete "gate" Exhibit A, Page 14, Item 9.3, B: change "Orange County Sanitation" to "Irvine Ranch Water" Motion carried 5-0. Commissioner Le Jeune moved, Kasparian seconded to approve Design Review 91-032 by adopting Resolution No. 3039, as submitted. Motion carried 5-0. OLD BUSINESS: 6. Status Reports Commissioner Weil asked if there was any feedback regarding the area affected by the Cactus Wren. Staff replied that the matter was on hold and hoped that it would be completed later in the fall. Received and filed NEW BUSINESS: 7. Irvine Business Complex Update Staff gave an oral update to the Commission. The Commission held a discussion regarding the update. 8. Eastern Transportation Corridor Update Staff gave an oral update to the Commission. STAFF CONCERNS: 9. Report on actions taken at May 18, 1992 City Council meeting Staff reported on the subject agenda. Commissioner Le Jeune asked if July 20 was the last meeting for outgoing Commissioners. The Director replied that the Commissioners serve until replaced. Commissioner Kasalek asked for a clarification of the Moulton Parkway Superstreet meeting time. The Director replied that it should be held at 5:30 p.m. COMMISSION CONCERNS: Commissioner Le Jeune -Would like to see vines on walls as a standard condition for projects. -Inquired as to the status on the bus shelter issue Planning Commission Minutes May 26, 1992 Page 9 -Asked if the City could relax the rules on red curbs at parks on the weekends Commissioner Kasparian -Informed staff of overgrown ivy and mulberry tree on Prospect Avenue across from Loma Vista school Commissioner Weil -Inquired if staff could explore streamlining the process for soil remediation by providing a blanket permit -Inquired if it were possible for both East Tustin and Peppertree, Tustin Meadows and Laurelwood homeowners could receive live cable broadcasts of the City Council meetings Commissioner Baker -Asked what agency handles the enforcement of remediation of soils -Asked if anyone was aware of the toxic pool at Marine Base ADJOURNMENT: Commissioner Le Jeune moved, Kasparian seconded to adjourn the meeting at 9:13 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on June 8, 1992 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin. ~Kathle~ Clancy Secret~fry