HomeMy WebLinkAboutPC Minutes 11-13-89H I NUTES
TUSTIN PL~'NING CO~HISSION
REGUL~ ~EETING
NOVEMBER 13, 1989
CALL TO ORDER:
7:00 p.m., City Council Chambers
PLEDGE OF ATW.EGIANCE/INVOCATION
ROLL CAT.L: Present: Le Jeune, Baker, Shaheen, Kasparian
Absent: Pontious
PUBLIC CONCERNS:
(Limited to 3 minutes per person for items not
on the agenda)
IF YOU WISH TO SPEAK TO THE COMMISSION ON A
SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON
THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR
FULL NAME AND ADDRESS FOR THE RECORD.
CONSENT CAT.'P.')i'DAR:
(ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE
CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION
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 October 23. 1989 Planning Commission Meeting
2. Time Extension for Tentative Tract Map 13038
APPLICANT:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
WESTERN NATIONAL PROPERTIES
NORTHWEST CORNER OF JAMBOREE ROAD AND BRYAN AVENUE -
LOT 12 OF TRACT 12763
MEDIUM HIGH DENSITY RESIDENTIAL - EAST TUSTIN
SPECIFIC PLAN
THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR
THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL
DOCUMENTATION IS REQUIRED.
TIME EXTENSION FOR TENTATIVE TRACT MAP 13038 TO
OCTOBER 7, 1990.
RECOMMENDATION:
It is recommended that the Planning Commission approve a time
extension for Tentative Tract Map 13038, by adoption of Resolution
No. 2696, as submitted or revised.
3. Extension of Temporary Use Permit - 14901 Holt Avenue
RECOMMENDED ACTION: It is recommended that the Planning Commission
approve, by minute order, the thirty day extension of a temporary
use permit for display of two banners to expire on January 17,
1990.
Planning Commission Minutes
November 13, 1989
Page two
4. Final Tract Map 13796
APPLICANT:
LOCATION:
REQUEST:
ZONING:
ENVIRONMENTAL
STATUS:
THE BREN COMPANY
5 CIVIC CENTER PLAZA, SUITE 100
NEWPORT BEACH, CALIFORNIA 92660
C/O MR. BRAD ENGELLAND
LOT 27 AND LOTS 44 AND SS OF TRACT 12870
AUTHORIZATION TO SUBDIVIDE 12.268 ACRES INTO 5
NUMBERED LOTS AND 4 LETTERED LOTS TO ACCOMMODATE A
108 CONDOMINIUM DWELLING UNIT DEVELOPMENT
MEDIUM DENSITY RESIDENTIAL CATEGORY, EAST TUSTIN
SPECIFIC PLAN
THIS PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR
THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL
DOCUMENTATION IS REQUIRED.
RECOMMENDATION: It is recommended that the Planning Commission
recommend approval of Final Vesting Tract Map 13796 to the City
Council by adoption of Resolution No. 2698, as submitted or
revised.
Commissioner Baker moved. Shaheen seconded to approve the consent
calendar. Motion carried 3-0-1 (Le Jeune abstained).
PUBLIC HEARINGS
5. Variance 89-15 and Exposed Neon Sian
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
DIGITAL EAR
13011 NEWPORT AVENUE
TUSTIN, CALIFORNIA 92680
BURNETT EHLINE PROPERTIES
2050 SOUTH SANTA CRUZ, SUITE 100
ANAHEIM, CALIFORNIA 92805
13011 NEWPORT AVENUE, SUITE 100
C-2, CENTRAL COMMERCIAL
CATEGORICALLY EXEMPT, CLASS 11
APPROVAL OF ONE 25 SQUARE FOOT BUSINESS
IDENTIFICATION SIGN WITH EXPOSED NEON TUBING AND A
SECONDARY 28.75 SQUARE FOOT EXPOSED NEON ADVERTISING
SIGN FOR AN EXISTING RETAIL STORE
RECOMMENDATION:
It is recommended that the Planning Commission:
1. Approve the requested secondary sign by the adoption of
Resolution No. 2695 and conditions contained within the
attached Exhibit A, as submitted or revised.
2. Approve the requested use of Exposed Neon tubing on the
subject signs by minute order.
Planning Commission Minutes
November 13, 1989
Page three
Presentation: Eric Haaland, Assistant Planner
Commissioner Baker asked if the name of the applicant should be
updated on the Resolution since it has been changed.
Staffed affirmed, and changed the name as moved.
The public hearing was opened at 7:08 p.m.
Wanda Hawkins, applicant, noted that the name of the business was
changed when they filed their new DBA upon incorporation. She
commented that their business was unique in the center since their
building has 5,200 square feet, whereas the other buildings in the
center are much smaller, but have much more area for signage.
Mark Ross, representing Plaza Lafayette, supported the applicants
in their request for the variance.
The Public hearing was closed at 7:10 p.m.
Commissioner Kasparian moved. Shaheen seconded to approve the
secondary sign by adoption of Resolution No. 2695 including the
name change on page one of the resolution. Motion carried 4-0.
Commissioner Kasparian moved~ Shaheen seconded to approve the
requested use of Exposed Neon tubing on the subject signs by Minute
Order. Motion carried 4-0.
6. Conditional Use Permit 89-39
APPLICANT/
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
THE IRVINE COMPANY
P.O. BOX I
NEWPORT BEACH, CA 92658-8904
PORTION OF ABANDONED AT & SF RAILROAD RIGHT-OF-WAY
ADJACENT TO THE I-5 FREEWAY AND LAURELWOOD
CONDOMINIUM DEVELOPMENT
PLANNED COMMUNITY - RESIDENTIAL (PC-R)
CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (e)
(CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
AUTHORIZATION TO CONSTRUCT AN EIGHT (8) FOOT HIGH
DECORATIVE BLOCK WALL TO ENCLOSE A RECREATIONAL
VEHICLE STORAGE YARD
RECOMMENDATION: It is recommended that the Planning Commission
approve Conditional Use Permit 89-39 by adopting Resolution No.
2703, subject to the conditions contained therein, as submitted or
revised.
Planning Commission Minutes
November 13, 1989
Page four
Presentation: Steve Rubin, Associate Planner
Commissioner Kasparian asked if maintenance of both sides of the
wall was the responsibility of Laurelwood; and if the RV park was
part of Laurelwood.
Staff affirmed that both sides of the wall would be the
responsibility of Laurelwood.
The public hearing was opened at 7:15 p.m.
The public hearing was closed at 7:16 p.m.
Commissioner Shaheen moved. Baker seconded to approve Conditional
Use Permit 89-39 by the adoption of Resolution No. 2703. Motion
7. Conditional Use Permit 89-24. Variance 89-12
APPLICANT: CALVARY CHAPEL IRVINE, KEN CATCAMP
P.O. BOX 16956
IRVINE, CALIFORNIA 92713
PROPERTY
OWNER: ROY E. HARRIS
17506 VIA CALMA
TUSTIN, CALIFORNIA 92680
LOCATION: 14312 FRANKLIN AVENUE
ZONING: PLANNED COMMUNITY, INDUSTRIAL
ENVIRONMENTAL
STATUS:
REQUEST:
THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT (CLASS 5) PURSUANT TO THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
AUTHORIZATION TO ESTABLISH A CHURCH AND TO PROVIDE
98 PARKING SPACES, RATHER THAN THE 146 SPACE
REQUIRED BY CODE.
RECOMMENDATION: Pleasure of the Planning Commission
Presentation: Sara Pashalides, Associate Planner
¢o~mi~sioner Shaheen asked how long the variance would be valid.
Staff replied that the variance was only valid as long as the CUP
was valid; if the church left and no church replaced it, the use
permit would be null and void after six (6) months; a new church
would be restricted to the same conditions.
Commissioner Shaheen asked if there was a religious station nearby.
CommisSiOner Baker noted that Channel 40 is in the vicinity.
Planning Commission Minutes
November 13, 1989
Page five
Commissioner Kasparian noted that he was concerned about this being
the first application for a church in the industrial area; if an
industrial plant wanted to work 24-hour shifts, then there is not
enough parking; he was concerned that the City could suggest they
limit their attendance; and he requested guidelines from the staff.
CQmmissioner Baker commented that this was not actually the first
church in an industrial district.
The public hearing was opened at 7:25 p.m.
Bob Hoekstra, representing the applicant, stated that they desired
to be located within the City of Tustin; that they do fit into the
Planned Community Industrial Park; he noted that they have searched
for a facility that would meet their needs and the needs of their
neighbors; they are affiliated with the Calvary Church of Costa
Mesa; they are 8 years old; would like to be located between the
cities of Irvine and Tustin; and he feels that they have a good
track record in service, integrity and responsibility to the
community. The location would require minimal adjustment; they are
not facing traffic challenges; the hours dovetail with the
industrial sector; the owner of the building is willing to work out
shared parking if the hours increase. He feels that their presence
would provide income for the owner and make an economic impact via
traffic trips through town; and that they differ greatly from the
first applicant's needs.
The public hearing was closed at 7:35 p.m (inadvertently).
Commissioner Shaheen asked how many members the church presently
had.
Mr. Hoekstra replied that there were approximately 100 adults and
30-40 children; that the church was limited by the number of chairs
allowed by the City; that they would post the sign of allowable
occupancy and only provide the required number of chairs.
CQmmissioner Kasparian asked who would turn away excess members.
Mr. Hoekstra replied that every church has a limitation to the size
of their auditorium; if the need arises, they will possibly have to
look for another location.
Commissioner Shahe~n asked if they could conduct two services; and
if they have contacted their immediate renting neighbors.
Mr. Hoekstra noted that they could increase the number of services;
he thought that only the owners were contacted, but felt that they
would not pose a threat, but could be considered partial security;
and if the tenants are not happy with their presence, then they are
not doing their duty as a church.
Planning Commission Minutes
November 13, 1989
Page six
Commissioner Baker asked for a clarification of Item 2.1 of Exhibit
A of Resolution 2706 regarding hours of use of assembly areas; and
if it meant that no one could occupy the premises on the other five
days of the week; and if further details should be included in the
conditions.
Staff replied that the office could be occupied by two to three
people working during normal business hours, additional language
was added to the Resolution, as moved.
Mr. Hoekstra noted that he felt that the restrictions referred to
the meetings of the congregation which occurred twice a week.
Commissioner Shaheen noted that the maximum allowed during the week
should be limited by the number of parking spaces allocated to the
facility.
Mr. Hoekstra noted that the City and the owner seemed to be
committing 31 parking spaces to the facility, all of which would
not be required during non-congregational times.
Commissioner Baker assumed that they could use the facility the
other five days of the week up to the capacity of the 31 parking
spaces.
Staff made corrections to Item 2.1, as moved.
Commissioner Shaheen noted that the only time they could exceed the
parking spaces was when they had a congregational meeting.
Mr. Hoekstra noted that the critical issue was the management of
the parking; they intend to use less than the 31 spaces except when
there are congregational meetings.
CQ~missioner Baker suggested that the wording be changed to
accommodate increased usage during congregational times.
Lois Jeffrey noted that she would read it as having restrictions on
congregational meetings, with no other restrictions.
CQ~missioner Kasparian asked if there was anything forthcoming that
might put the City in a compromising position if this application
was approved.
Staff replied that with the CUP, the City has the ability to tailor
conditions to fit the specific project; Condition 2.2 was set up to
allow a mechanism to address any parking problems; and they could
modify Item 2.2b to include a provision for two or three services
which would then allow for the entire congregation; the condition
is stated such that if there is a concern about parking, it would
come to the Planning Staff for review.
Planning Commission Minutes
November 13, 1989
Page seven
Commissioner Kasparian asked if this was made into a unique
situation by the conditions set, then they may not be setting a
precedent.
Staff noted that any action by the Planning Commission sets some
kind of a precedent; and that the Planning Commission action to
approve this application would confirm the interpretation that a
church is a conditionally permitted use in a Planned Community
Industrial District; that with three applications in process, there
is definitely a trend towards having churches in industrial areas
because of the large assembly areas available; by approving this
application, the Commission would be setting a ~recedent, but the
city would still reserve the right to impose unique conditions on
future applications.
Com~ssioBer Kasparian asked if they would be abrogating chances of
future denials by imposing restrictions in the Resolutions.
Staff replied that the Commission would still retain the ability to
impose conditions as necessary, i.e. parking, location, industrial
use in immediate vicinity, which might affect the conditional use.
Ms. Jeffrey commented that the Commission always retains the
ability to deny a Conditional Use Permit; this issue allows a
church in a Planned Community Industrial Use, which sets a
precedent; the previous church was allowed in an industrial area.
The issue is: If zoning is set up for an area, and development
directed in a certain way, is it good planning to allow other types
of development in, via a Conditional Use Permit, which were not
thought about ahead of time. However, each application can be
considered individually on a Conditional Use Permit basis, and can
be denied based on adverse impacts or incompatible use in
surrounding area.
Commissioner Le Jeune asked if Item C were adopted, how long would
the guidelines take to be processed by the staff.
Staff replied that they could be provided by the first meeting in
December.
Commissioner Baker noted that his concern was with the parking; and
asked if there were any complaints about the church on Sixth
Street; and if off-site parking would be allowed at this location.
Staff replied that there have been complaints in the past regarding
off-site parking at the church on Sixth Street, but that the
parking demands at this location would be accommodated for and
should not pose a problem; off-site parking is not allowed on
Franklin.
Planning Commission Minutes
November 13, 1989
Page eight
Commissioner Ba~er commented that the Conditional Use Permit allows
the Commission a vehicle to alleviate problems caused by parking
that may occur in six months or so. He also noted that the fire
marshall posts allowable occupancy figures in all buildings,
including churches.
Commissioner Le Jeune noted that he was very concerned about
setting a precedent without having a detailed review of the
guidelines; he would also like to hear from the tenants and
Associations that may be involved, via a possible mandatory
response; that they should also look into what would be permitted
for expansion in the immediate area for these items; and that some
churches add day care facilities in the future; he would like these
items addressed in Item C when returned to the Commission.
Commissioner Baker agreed with Commissioner Le Jeune, but that
there were no responses from the immediate owners, including Mr.
Harris, the owner of this property.
Commissioner Le Jeu~e noted that only the property owners, not the
tenants were required to be noticed.
Staff replied that they received a letter from Mr. Harris that day.
Commissioner Shaheen noted that if a landlord receives a letter and
thinks that his tenants are in jeopardy, then he should respond;
and that child care centers were restricted by the restrictions.
Commissioner Le Jeune noted that there are no provisions additional
parking for special events.
Staff provided a fourth alternative to the Commission so that they
could make a positive action on the Conditional Use Permit and
Variance, and direct staff to prepare guidelines or report back
within thirty days for possible standards or guidelines to consider
future applicants for the Industrial area.
Commissioner Le Jeune asked if there could be a cap put on the
number of congregation.
Staff replied that they could evaluate that aspect for feasibility
in context with the other guidelines.
Commissioner Shaheen suggested that the situation be reviewed
annually by the staff; and asked if the Commission was delaying the
church.
Ms. Jeffrey commented that Deputy Attorney Nixon noted that if the
Commission would be approving this tonight, they ought to consider
additional amendment to Item 2.1 of Exhibit A to include religious
holidays which would occur on days other than Wednesdays after 7:00
p.m. and Sundays after 8:00 a.m.
Planning Commission Minutes
November 13, 1989
Page nine
Commissioner Kasparian noted that they did not know which holidays
this church celebrated.
Ms. Jeffrey replied that the amendment should include Wednesdays
and religious holidays after 7:00 p.m. during the week and Sundays
after 8:00 a.m.
Commissioner Baker noted that if this church moves out another
religion may move in that celebrates different holidays.
Ms. Jeffrey replied that the issue would still be to keep the hours
to after 7:00 p.m. on weekdays and during daytime hours on the
weekend.
Commissioner Baker noted that other tenants at that location may
decide to open for business on Saturdays.
Commissioner Shaheen asked who the variance was being given to, the
lay of the land or the applicant.
Staff replied that Condition 2.4 requires the variance to be in
effect only as long as the Conditional Use Permit is in effect. If
this use is disbanded for six months or more, then the use permit
will become null and void and so would the variance. However, this
tenant could leave and another church come in within the six
months, and the use permit would still be valid.
Commissioner Shaheen felt that any church could then move in, and
that they should have to start at the beginning, not receive this
variance.
Staff replied that they would be subject to the same conditions of
the Conditional Use Permit which would also have the same
limitations.
Commiss$one~ Shabeen noted that since this was intended to be an
industrial area, and should not perpetually be a church area; and
if this church leaves, the Use Permit should become null and void.
Ms. Jeffrey replied that the Variances and Use Permits are tied to
the real property due to the conditions of the Planning and Zoning
Code. Even with a new church, so long as they abide by these
conditions, there should be no problems.
Commissioner Kasparian commented that this CUP is tailored to this
individual.
Ms. Jeffrey replied that the hourly restrictions, except with the
question of Saturday, related to the use of the parking by the
congregation; it would be difficult for a church that wanted to
meet on Saturday during the day, but then that church would look
elsewhere for residence.
Planning Commission Minutes
November 13, 1989
Page ten
Staff noted that if another church could not live with these
conditions, they would have the opportunity to come back and ask
for an amendment to the conditions, which would be reviewed by the
Planning Commission.
Commissioner Kasparian asked if the Commission or the City could
ask to review the CUP with the possible thought of changing it in
case they move out.
Ms. Jeffrey replied that the Commission could always review a CUP
if the applicant is not complying with the conditions, for
consideration of revoking it, but not simply if the applicant was
considering relocation.
Commissioner Baker asked if there was a condition that required the
applicant to gain additional parking if there is a problem with
parking.
Staff replied that if there is a parking problem, Item 2.2 provides
a condition requiring the applicant to provide mitigation measures
to offset the parking impact; they could secure off-site parking
from an adjacent property owner, or reduce the maximum number of
seats, or provide additional services.
Commissioner Baker was concerned with religious holidays and
Saturday usage.
Staff replied that an option would be to leave it as recommended by
the City Attorney, and have the applicant approach the city for a
Saturday religious holiday use.
Commissioner Kasparian commented that he felt that they were
telling this congregation when to pray.
Commissioner Le Jeune asked if a future applicant came to the
Commission with more than normal holidays, and special events,
could they be required to specify them.
Ms. Jeffrey replied that the timing of the congregational parking
was the issue; which should be after 7:00 p.m. on weekdays and
after 8:00 a.m. on Sundays; if another church's religious holidays
do not fall within these hours, they may decide to look elsewhere
for their location.
Commissioner Le Jeune asked if Christmas fell on a Thursday, would
they not be able to hold daytime services.
Planning Commission Minutes
November 13, 1989
Page eleven
Ms. Jeffrey noted since they are mixing industrial uses with the
church, she raised the question about what is good planning; here
is a church that has not even started operating, and the Commission
is attempting to tailor ground rules to fit their situation and not
infringe on the parking situation; and that they should not worry
about the next church that may come after this one, since they will
have to fit within these guidelines, or ask for an amendment to the
CUP.
Commissioner Le Jeune felt that the Reverend would not be happy
with having to hold religious services after 7:00 p.m.
Mr. Hoekstra commented that Wednesday and Sunday are critical to
them each week, but that religious holidays that fall outside of
the hours allowed were not a strategic issue.
Commissioner Baker moved. Shaheen seconded to approve Conditional
Use Permit 89-24 and Variance 89-12 by the adoption of Resolution
No. 2706 with the following revisions to Exhibit A:
Reword item 2.1 to read as follows: "The assembly area and
classrooms of the church shall be occupied only on Wednesday or
any religious holidays after 7:00 p.m. and Sunday after 8:00
a.m. for congregational meetings."; and
Reword item 2.2, B. to read as follows: "Reduce maximum number
of seats permitted or expand number of services in the assembly
area subject to Planning Commission concurrence."
Motion carried 4-0.
¢oHmissioner Le Jeune moved. Shaheen seconded to direct staff to
research and bring back a set of guidelines for the placement of
churches in industrial districts. Motion carried 4-0.
Bob Michelson, Planning Consultant for a future applicant, asked
for permission to discuss Item C, which he thought was going to be
a separate issue. His client, First Baptist Church of Irvine, is
~roposing to purchase an industrial building. His concern is that
if a study is going to be done, will it hold up his client who is
required to enter into an escrow to get to the Public Hearing.
CQmmissioner Le Jeune wondered if there should be a workshop prior
to the meeting to discuss the guidelines prior to this item at the
next meeting.
Staff replied that they would be addressing this application the
same way as the one this evening, by tailoring the conditions for
the specific case; and that a workshop could be scheduled, but was
probably unnecessary. As they prepare the guidelines for the
Commission, the staff would be directed to follow the new
guidelines for the First Baptist Church application to ensure
coordination.
Planning Commission Minutes
November 13, 1989
Page twelve
A~endment to Use Permit 88-8. Variance 89-16 and Use Permit
89-36
APPLICANT:
OWNER.-
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
RUBY'S DINER, DOUG CAVANAUGH
1721 WHITTIER STREET
COSTA MESA, CA 92627
COLCO LTD., JIM COLLINGS
17320 RED HILL, SUITE 190
IRVINE, CA 92714
17582 SEVENTEENTH STREET, OAK TREE PLAZA
PLANNED COMMUNITY - COMMERCIAL (PC-C)
THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE APPLICANT AND STAFF ARE REVIEWING THE PARKING
DATA AND EXHIBITS IN ORDER TO PROVIDE A
COMPREHENSIVE ANALYSIS OF THE ISSUES SURROUNDING
THIS APPLICATION
RECOMMENDATION: It is recommended that the Planning Commission
continue this public hearing to November 27, 1989.
Presentation: Sara Pashalides, Associate Planner
Commissioner Shaheen moved. Baker seconded to continue the public
hearing on Amendment to Use Permit 88-8, Variance 89-16 and Use
Permit 89-36 to the November 27, 1989 Planning Commission meeting.
Motion carried 4-0.
General Plan Amendment 89-03. Zone Change 89-01 and Tentative
Parcel Map ~-110
APPLICANT:
CONSULTANT:
LOCATION:
ENVIRONMENTAL
STATUS:
MR. MICHAEL O. PADIAN
IRVINE INDUSTRIAL COMPANY
2 PARK PLAZA, SUITE 200
IRVINE, CA 92714
MR. KURTIS HOEHN
C.D.C. ENGINEERING, INC.
15520 'B' ROCKFIELD BOULEVARD
IRVINE, CA 92718
SOUTHEASTERLY OF FUTURE JAMBOREE ROAD AND NORTH OF
WARNER AVENUE ADJACENT TO PETERS CANYON WASH, (A.P.
434-061-014)
A NEGATIVE DECLARATION HAS BEEN PREPARED IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
Planning Commission Minutes
November 13, 1989
Page thirteen
REQUEST:
1) A REQUEST TO RECLASSIFY THE GENERAL PLAN LAND USE
DESIGNATION ON THE SUBJECT PROPERTY FROM P&I (PUBLIC
AND INSTITUTIONAL) TO I (INDUSTRIAL)
2) A REQUEST TO REZONE THE SUBJECT PROPERTY FRO P&I
(PUBLIC AND INSTITUTIONAL) TO M (INDUSTRIAL)
3) A REQUEST FOR A SINGLE LOT SUBDIVISION TOTALING
APPROXIMATELY 2.6 ACRES TO ACCOMMODATE INDUSTRIAL
DEVELOPMENT
RECOMMENDATION: It is recommended that the Planning Commission
take the following actions:
Adopt Resolution No. 2699 certifying the Negative Declaration
for General Plan Amendment, Zone Change 89-01 and Tentative
Parcel Map 89-110;
Adopt Resolution No. 2700 recommending approval to the City
Council of General Plan Amendment 89-03;
Adopt Resolution No. 2701 recommending approval to the City
Council of Zone Change 89-01; and
Adopt Resolution No. 2702 recommending approval to the City
Council of Tentative Parcel Map 89-110.
Presentation: Daniel Fox, Senior Planner
Staff made changes to Resolution No. 2702, as moved.
Commissioner Kasparian noted that Item D of Resolution No. 2700
states that the General Plan shall not be amended more than four
times in a year and presumed that the staff followed those
guidelines.
Staff replied that this is the third amendment to the General Plan
for 1989 and in compliance with State law.
Lois Jeffrey commented that with previous amendments multiple
changes were made which makes it seem like more than four changes
in the year.
The public hearing was opened at 8:30 p.m.
The public hearing was closed at 8:31 p.m.
Commissioner Kasparian moved. Baker seconded to certify the
Negative Declaration for General Plan Amendment 89-03, Zone Change
89-01 and Tentative Parcel Map 89-110 by the adoption of Resolution
No. 2699. Motion carried 4-Q.
Commissioner Baker moved. Shaheen seconded to recommend approval to
City Council of General Plan Amendment 89-03 by the adoption of
Resolution No. 2700. Motion carried 4-0.
Planning Commission Minutes
November 13, 1989
Page fourteen
Commissioner Le Jeune moved. Shaheen seconded to recommend approval
to City Council of Zone Change 89-01 by the adoption of Resolution
No. 2701. Motion carried 4-0.
Commissioner Shaheen moved. Kasparian seconded to recommend
approval to the City Council of Tentative Parcel Map 89-110 with
the following revisions:
Change Exhibit A, item 2.5 to read as follows: "Prior to Final Map
approval, the precise alignment of Jamboree Road extension shall be
determined and all required right-of-way along the Jamboree Road
frontage shall be dedicated to the City in accordance with said
alignment as determined by the Director of Public Works."
Delete Item 7.2 and renumber the following.
Motion carried 4-0.
10.
Amendment to Conditional Use Permit 89-03 and Design Review
APPLICANT/
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
MR. ANDREW SHUTZ
2402 MICHELSON DRIVE, SUITE 230
IRVINE, CA 92715
15101 RED HILL AVENUE (S.W. CORNER OF RED HILL
AVENUE/INDUSTRIAL DRIVE)
M (INDUSTRIAL)
THE PROPOSED AMENDMENTS ARE CONSIDERED CATEGORICALLY
EXEMPT (CLASS 1) FROM THE PROVISIONS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT. A NEGATIVE
DECLARATION WAS PREVIOUSLY PREPARED AND CERTIFIED
FOR THIS PROJECT.
MODIFY CONDITIONAL USE PERMIT 89-03 AND DESIGN
REVIEW 88-62 TO ACCOMMODATE PROPOSED REVISIONS TO
THE MECHANICAL EQUIPMENT SCREEN, LANDSCAPED PLANTER
AND BUILDING MATERIALS FOR THE BUILDING.
RECOMMENDATION: It is recommended that the Planning Commission
amend Conditional User Permit 89-03 and Design Review 88-62 to
approve modifications to the landscaped planter and building
materials and deny modification to the mechanical equipment screen
by adoption of Resolution No. 2704, as submitted or revised.
Presentation: Daniel Fox, Senior Planner
Commissioner Baker asked what the height and material of the new
screen would be.
Staff replied that it is about four (4) feet in height, made of the
same metal; the previous design was a rounded sheet design, and the
new design is horizontal mounted panels of the same color.
Planning Commission Minutes
November 13, 1989
Page fifteen
Commissioner Shaheen asked why the applicant proposes the change.
Staff replied that the applicant felt it was a positive design and
economic change.
The public hearing was opened at 8:40 p.m.
Andy Shutz, President of W & S Commercial, noted that the changes
have been made purely for aesthetic reasons; more design criticism
and scrutiny have gone into this design since the owners intend to
occupy it for twenty years; they felt that the City was forcing
them to use the original screen; they were never felt happy with
the original design, but made concession to the curved element
which they felt was too massive and detracted from the building;
there would be no significant cost savings; they rely on their
architectural judgment, even though Staff disagrees.
Leonard Malmquist, representing the designer, passed out a drawing
of the original design which was approved by the Planning
Commission. He noted that the height was nine feet high, and they
were forced to bring it to the edge of the parapet; they have not
put a concave element in to pick up the concave element at the
ground floor entry; they have pulled it back from the edge; and
they feel it reflects the design in a much stronger manner.
Commissioner Baker asked how far they were moving it back; and how
tall it is.
Mr. Malmquist replied that since it is a flat vertical plane,
rather than a half-round plane, they could move it back from the
parapet further; they have moved it back four (4) feet further from
each edge to fifteen feet; it always was and still is nine (9) feet
tall. He noted that there is a pewter metal edge along the
building which the screen picks up; and that it picks up the same
horizontal line of the brickwork.
Co~mi~sioner Le Jeune asked if the panels were horizontal.
Commissioner Shaheen asked if this was purely a design function.
Mr. Malmquist affirmed both questions.
The public hearing was closed at 8:50 p.m.
Commissioner Shaheen could see no aesthetic conflict.
Commissioner Kasparian noted that he put a lot of faith in the
aesthetic position of staff; he generally does not like to agree
with something and then change it in the future; but he did not see
anything wrong with the design aesthetically.
Planning Commission Minutes
November 13, 1989
Page sixteen
Commissioner Baker wanted to make certain that the correct
Resolution was moved upon; and asked if the Commission might slow
down the applicant's progress.
Staff replied that Item C 1, 2, and 3 needed to be modified, either
during this discussion, or after staff prepares alternative
Resolution and bring it back to the next meeting; and that the
Resolution would still have to be approved by the Redevelopment
Agency.
Commissioner Le Jeune asked if this could be put on the consent
calendar for the next meeting.
Staff replied that it could be put on the November 27 Consent
Calendar, and still have time to be reviewed by the Redevelopment
Agency at their first meeting in December; and that since there was
a Conditional Use Permit approved by the Planning Commission, they
are approving a new set of plans to satisfy the first condition
that these plans are in conformance with what the Planning
Commission reviewed; however, the Redevelopment Agency has final
design review authority. Staff noted that action at this time or a
decision at the November 27th meeting will have no bearing on when
it will be able to go to the Redevelopment Agency, which meets
December 4; the applicant will still be able to submit final plans
for plan check with a letter acknowledging that final approval is
pending.
Commissioner Le Jeune asked if it would then go to the consent
calendar of the next meeting.
Staff replied that since the public hearing was closed, it would
then be put on the consent calendar of the next meeting for
approval of the Resolution.
Co~issioner Baker moved~ Le Jeune seconded to approve Use Permit
89-03, Design Review 88-62 and direct staff to bring back a
resolution to reflect same on the Consent Calendar of the November
27, 1989 Planning Commission meeting.
11. Amendment to Variance 88-10
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
SYCAMORE GARDENS HOMEOWNER'S ASSOCIATION
14802 NEWPORT AVENUE
TUSTIN, CALIFORNIA 92680
SYCAMORE GARDENS STOCK CO-OPERATIVE
14802 NEWPORT AVENUE
TUSTIN, CALIFORNIA 92680
14802 NEWPORT AVENUE
R-3, MULTIPLE FAMILY RESIDENTIAL
THE PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 (a) (d) AND (k) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
Planning Commission Minutes
November 13, 1989
Page seventeen
REQUEST:
A SIX (6) MONTH TIME EXTENSION TO VARIANCE 88-
10; AND
AMENDMENTS TO CONDITION NO.'S 8, 9, AND 10 OF
EXHIBIT A, RESOLUTION NO. 2543, PERTAINING TO
CERTAIN REPAIRS RECOMMENDED IN BUILDING AND
PEST INSPECTION REPORTS AND COMPLIANCE WITH
PROVISIONS OF THE CITY'S SECURITY CODE.
RECOMMENDATION: It is recommended that the Planning Commission
adopt Resolution No. 2705, extending the time limit for Variance
88-10 six (6) months and denying proposed amendments to condition
no.'s 8, 9, and 10 of Exhibit A, Resolution No. 2543.
Presentation: Steve Rubin, Associate Planner
Commissioner Shaheen asked how the applicant intends to treat one
unit for pests; and how they make the owners that do not reside on
the premises make the corrections.
Staff replied that the efficient way to treat for termites is to
tent the whole building, as they tend to migrate when only one
portion is treated; and noted that by releasing the obligation to
make repairs now, how does the City know that they will be done
later.
Commissioner Baker asked if there was not a homeowners association;
and if they have any powers.
Commissioner Kasparian asked for a clarification of Condition 8,
pursuant to Section 9274D.2, and if it uniformly applies to all
buildings or just condominiums, or apartments.
Staff replied that the City Security Code applies to all types of
structures; that section of the Code is in the conversion
standards, and reiterates that these units should comply with the
Security Ordinance.
Commissioner Kasparian asked if it does not apply to the apartment
before conversion.
Staff replied that it would not apply to an existing non-conforming
structure, such as one that was built before the Ordinance was
adopted; and that it was triggered by the conversion process.
Commissioner Kasparian asked for a clarification of Exhibit A, Item
9, and if it was to determine if it is in compliance with current
regulations, or to determine the current situation.
Staff replied that it was to determine condition of the structure.
Planning Commission Minutes
November 13, 1989
Page eighteen
Commissioner L9 Je~ne asked if an apartment is converting to
condominiums, is inspection of the property standard procedure; and
if staff is asking anything different of this applicant that they
would not ask of an apartment to condominium conversion.
Staff replied that they are not asking them to do what a converter
of an apartment would be required to do; the circumstances are
different because it is already an ownership situation.
Commissioner Le Jeune asked if the City would make an inspection of
an apartment.
Staff replied that the applicant is required to hire a qualified
engineer or inspector and file a report with the City.
Commissioner Le Jeune asked if a defect in an apartment would have
to be corrected before a conversion could be made; and if it was at
the expense of the apartment owners.
Staff affirmed.
The public hearing opened at 9:10 p.m.
John Stuczynski, SCMV Service Corp., addressed conditions 8, 9, and
10. Regarding the locks: the Association could purchase the
locks, but cannot make the people put them on the windows; if pur-
chase is sufficient, they would consider it, but it may be a waste
of money. Regarding the stock co-op: the existing owners cannot
obtain financing in the general market place; their property values
have been depressed; this is a low-income housing project; the
sales prices were between $75 and 90,000 and are now between $75
and 110,000; this is the only type of housing of this type in the
City. Regarding repairs: the original inspection was called to
determine soundness; the inspection report noted that all areas
under the responsibility of the Association are in good shape and
there is nothing major to repair in the individual units; is
requirement of repair creating a financial hardship for the owners.
Regarding the assessment levy: the Association cannot assess the
general membership for improvements on individual units; the
Association would have to pledge assets to put up a bond, and they
cannot pledge reserve accounts for work to be done by individual
owners; the owners have already been assessed in excess of $1,500
per unit over the period of a year. Regarding increase in value
upon conversion: they will increase, when sold, but it does not
give the owners money to improve now. Regarding pest control:
most units were done three (3) years ago; when sold, lenders
require deficiencies to be improved prior to sale; to require tent-
ing prior to conversion is not inexpensive; additional assessments
would be a financial hardship. The intention of the conversion is
to change the way they hold title, and creates greater
opportunities to sell the units; the property inspection is at the
discretion of the buyer; and he does not know why the City should
be able to require compliance at this point.
Planning Commission Minutes
November 13, 1989
Page nineteen
Commissioner Shaheen asked how many buildings and units were
involved.
Mr. Stuczynski replied that there are 25 buildings with four (4)
units each.
Com~issioner L~ Je~n~ asked why some were not inspected.
Mr. Stuczynski replied that 85% have been inspected and 15% not
completed; each owner was noticed by Registered Mail, and evidence
of notice made to the Planning Staff; they made an attempt to
contact all owners, but cannot do more than request them to make
their units available.
Commissioner Shaheen asked if there was any indication that any
units needed major repairs; and asked the age of the buildings.
Mr. Stuczynski replied that if the balance of the units are as the
ones that have been inspected, then there are only minor problems;
and are approximately 25 years old.
Staff replied that he thought they were built in the mid to late
sixties.
Commissioner Baker asked when the units became co-ops.
Staff replied that they converted in 1979.
Mr. Stuczynski commented that there was a loop-hole in the law that
allowed an apartment conversion to a stock co-op.
Commissioner Kasparian asked if one unit of the four is sold, how
do they handle pest control treatment if the others do not want to
be treated.
Richard Kvidt, Sycamore Gardens Homeowners Association President,
replied that if it was determined that the termites were
inaccessible, all four tenants would have to move out so that they
could tent the entire building.
Commissioner Kasparian noted the absence of the discharge pipe of
the pressure temperature valve for the water heater throughout the
inspection report, and asked if this was a building violation; and
if a unit is sold and inspected, does it have to be brought up to
code before the sale can be finalized.
Staff replied that it was a violation of the Plumbing Code; the
water heaters may have been installed prior to that requirement
being included in the Plumbing Code; and that if a unit is
inspected and violations identified, then permits are required to
be obtained and work performed to correct the violation. If it is
Planning Commission Minutes
November 13, 1989
Page twenty
determined that the pressure valve and dispensing pipe would have
been required at the time the unit was installed, then this would
have to be installed. If not, then it would not necessarily have
to be corrected.
Mr. Stuczvnski noted that there are ten units out of the 100 that
had that problem.
Commissioner Kasparian replied that he felt that it was a lot, that
it was dangerous, and that it was a violation; and he noted that
one of the units was noted to have an electric outlet with an open
ground, which he felt was very dangerous to the occupants; and that
there is a breaker panel with a missing door.
Mr. Stuczynski noted that the individual owners could be notified
of the particular problems, but the association does not have the
authority to make repairs; it is unlawful, even for the betterment
of the tenants.
Commissioner Kaspari~D asked if the units would be sold from an
individual to an individual; and asked what the current ownership
of the total units was.
Mr. Stuczynski replied that they would in 99% of the cases; and
that there was approximately 70% owner-occupied, with the remainder
being rental. Many of the rentals are due to the inability to
sell; and one of the requirements of the City was to allow the
renters first right of refusal to buy the units.
Commissioner Shaheen asked if it was the City's requirement, and if
the City had any right to make it.
Staff replied that it was adopted as part of the Ordinance that
enables the City to issue a certificate of compliance to convert
the units from a stock co-op to a condominium, directly from the
State Subdivision Map Act.
~ noted that there is an owner who intends to go to court
to stop this, and feels that it will become a serious issue in the
future.
Lois Jeffrey noted that the City Attorney, Jim Rourke, has been
working with staff on this issue and has been in contact with the
State Attorney General and will be issuing an opinion on that.
Commissioner Shaheen asked if there are deadbolts on the doors; and
if the window locks can be additional security locks that screw in.
replied that all of the units have window locks.
Planning Commission Minutes
November 13, 1989
Page twenty-one
Commissioner Le Jeune asked if they were questioning the type of
lock or the fact that there is no lock on the windows.
Commissioner Baker asked if the City is saying that there are no
locks on the windows.
Staff replied that the City is only requiring locks to be on the
windows to comply with the Security Ordinance.
Commissioner Kasparian clarified that the conditions require
secondary locks.
Commissioner Le Jeune asked who guarantees that the locks are
installed.
Staff noted that the language of the condition states that the
applicant only has to provide the locks.
Commissioner Le Jeune asked if the City was satisfied that some of
the units would not be able to be inspected.
Staff replied that this was not an issue.
~ commented that the Association has no ability to require
the owners to make the repairs; he turned the inspection reports
into staff in April, and has been awaiting a reply from staff for
seven months to make safety repairs; and that the City has the
ability to cite the owners and require the repairs.
Commissioner Le Jeune asked staff how compliance is enforced and if
it is the Homeowners Association's responsibility, or the City's.
Staff replied that Building Code violations can be required to be
corrected via citations; but was unsure as to the authority of the
stock co-operative; and the City could not write a citation for
something that is not a requirement of the Building Code.
Commissioner Le Jeune asked how the changes can be made, and are
they necessary.
~ noted that some of the corrections are not necessary for
a safe unit; and he asked the City to cite the owners for Code
violations, and notify the Homeowners Association so that they
might work with the owners to ensure compliance.
CQmmissioner Baker noted that any of the fifteen units that were
not inspected may have problems.
Staff noted that the conditions of the approval of the variance
require as part of Conditions 9 and 10 a notification be recorded
concurrent with the Certificate of Compliance on those uninspected
units that notifies those persons that those units were not
Planning Commission Minutes
November 13, 1989
Page twenty-two
inspected; The owners and prospective buyers would know that the
units were never inspected; the issue here is not regarding the
uninspected units, but how to repair the units that were inspected;
and identify violations to the Building Code.
Commissioner Shaheen asked if staff had reviewed the CC&Rs and the
Homeowners Agreement, which would indicate what could or could not
be done.
Staff replied that he had not reviewed them.
Lois Jeffrey noted that although it would not ensure that the
repairs be made, the City could require the inspection reports be
recorded as a notice so that anybody purchasing the property would
be aware of the problems noted in the inspection report; they could
then negotiate on the price, or the seller could be required to
make re~airs before occupancy; this would place the new owner in a
bargaining position; they will have to work out the pest control
situation, though.
~, made suggestions in his reports to the City that they
would take care of the common area, and as one unit in each
building sells, they would take care of the whole building. The
Association has to pay for termite control, but at this time, they
would have trouble obtaining the money. In the last three to four
years, 15-20 units have been sold through foreclosure as the people
were unable to resell them or refinance them because they are a co-
op; the reason for the high number of rentals is because the owners
could not sell their units; as the momentum moves toward 50%
rentals, more will move out and rent; and they need the conversion
to keep the quality up and so that people can keep their homes.
Susan Taylor, Sycamore Gardens owner, bought her unit in 1980. In
1986, as president of the Homeowners Association, she started
addressing the problem of conversion. In 1986 there were three (3)
sources for loans for co-ops in the state, with rates 1/4% to 1/2%
higher than a comparable condominium loan. Regarding some units
not being inspected: some tenants are just not available, not just
trying to avoid the inspection. Regarding locks on the windows:
there are working locks on the windows. Regarding deficiency
repairs: If she owned a single-family detached house, she felt the
City would not be trying to make small repairs prior to selling her
home. She appreciated the City's concern, but noted that it is 100
people trying to keep their homes, not a master developer trying to
convert; and to impose repairs beyond the health and safety of the
tenants may be going beyond the extent of the law; and that the
improvements will be realized upon sale, but another special
assessment now will cause an immediate cash flow problem. She noted
that the tenants do not see themselves as low-income housing, but
as starter housing for young families who have great pride in the
complex.
Planning Commission Minutes
November 13, 1989
Page twenty-three
¢om~issioner Shaheen asked how these units are financed.
~ replied that most of the units were financed through
Citicorp.
~ noted that over the years lenders have made loans and
then gotten out of the market; Citicorp, who is trying to get out
of these loans, will not make a new loan on a unit that they do not
presently have a loan on.
Commissioner Shaheen asked how many people would take out new loans
upon conversion; and noted that upon sale, lenders ask for pest
inspections.
~ thought that not all would refinance, but that the loans
probably range from 11% to 16% because the owners cannot refinance;
that Citicorp will often not give the tenants a new loan at a lower
rate; and asked for approval to put in no maintenance landscaping.
Robert Fisher, resident at Sycamore Gardens, noted that the City is
imposing a standard of care on the owners that is not imposed on
other homeowners throughout the city. This is not the same
condition as an apartment conversion; this are older buildings
needing insignificant repairs; if some do not cooperate, all of the
owners are hostage; to require them to offer a right to buy, and
offer a certain level of landscaping, and make minor repairs is an
overreaching of local government; the important function of City
government is to protect the health, safety, and welfare; code
violations should enforced by City staff, not put on the Homeowners
Association.
The public hearing was closed at 10:00 p.m.
Commissioner Le Jeune asked if the Planning Commissioner had the
authority to give relief on code violations.
Ms. Jeffrey replied that the Commission could only change the
conditions that the applicant has requested
Commissioner Le Jeune asked if this was the only co-op within the
City.
Staff affirmed.
Commissioner Kasparian noted the word "leverage" within the text of
the Resolution, and felt that it was describing his own home; he
did not expect any City function to tell him to make minor repairs,
and that these things take care of themselves; he feels that the
code violations should be looked into; and concurs with Mr. Fisher
that the City should not interfere with the minor items. Regarding
locks on the windows: staff says secondary locks are apparently
required. He is opposed to Conditions 8, 9, and 10.
Planning Commission Minutes
November 13, 1989
Page twenty-four
Commissioner Shaheen felt that the landscaping was immaterial; and
asked for clarification of conflicts remaining.
Commissioner Le Jeune noted that landscaping was not an issue this
evening.
Staff affirmed.
CQmmissioner Baker was still concerned about the remaining 15
units; and felt it unfair that 85 had to be inspected, but that the
other 15 did not.
Ms. Jeffrey replied that there is not much that the City can do
about those who do not allow their units to be inspected; she still
suggests that future buyers be alerted that inspections were not
performed and that certain problems exist, by amending the
conditions to require that the building inspection reports and
termite inspection reports be recorded along with any Certificates
of Compliance that the City issues. The buyer could then decide
whether they wanted an inspection as a condition of escrow.
Commissioner Baker asked if a unit could still be purchased "as-
is".
Ms. Jeffrey replied that that was no longer lawful and that full
disclosures must be made.
Commissioner Shaheen asked if they are just unavailable or have
said no.
~ommis~ioner Le Jeune asked if an inspection is done now, but a
unit is not sold for five years, what is the relevance.
CQmmis~ioner Baker asked if this exercise is to protect the City
from any potential liability; and that sound attenuation and other
items have already been waived.
Commissioner Le Jeune replied that they were trying to comply with
the law.
Staff recommended that regarding Condition 8: staff will
investigate the issue of window locks with the Community Services
Officer to determine the nature of the locks required; if
inadequate, then just require the applicant to provide the locks.
Commissioner Baker asked if 9274D.2 related to window locks or
security lighting.
Staff replied that it the same as Condition 8.
Planning Commission Minutes
November 13, 1989
Page twenty-five
Commissioner Le Jeune determined that the Commission concurred on
the six (6) month extension.
Commissioner Baker asked if the Commission has the capability to
remove the condition requiring window locks, since 9274D.2 states
that they are required.
Staff replied that the Commission has the authority to grant a
variance to that provision of the conversion ordinance.
Commissioner Baker stated that assuming the City assumes no
liability from granting that variance, he had no problem removing
it.
¢o~missioner Kasparian noted that he was against requiring locks.
Commissioner Shaheen concurred.
Commissioner Le Jeune asked for concurrence of Item 9.
Staff suggests that the building inspection reports be recorded
concurrent with the Certificate of Compliance as a notification;
and the City will cite any building code violations noted in the
report.
Ms Jeffrey suggested the Commission formalize the time extension,
as moved.
Commissioner Kasparian asked when the six (6) months starts.
Ms. Jeffrey replied that she is proposing that the Commission adopt
the Resolution just approving the time extension and that the other
items be dropped out of the Resolution and be brought back.
~ asked for a continuance of these items so that they
could comply with the public hearing requirements; and requested a
continuance to a specific date.
Staff replied that they did not intend a new noticing unless a
variance needed to be processed.
Ms. Jeffrey felt that they were asking for a variance from the
Security Ordinance, and that they might have to be noticed; but if
there is a way to proceed without noticing, they would.
Staff replied that the notice that was done noted an amendment to
this condition; that requested amendment would absolve them from
having to provide window locks; and that it would be continued to
December 11.
Planning Commission Minutes
November 13, 1989
Page twenty-six
Commissioner Baker moved. Shaheen second~ to approve the six (6)
month extension of Variance 88-10 with a new expiration date of May
14, 1990, by adoption of Resolution No. 2705 with all reference to
Amendment to Variance 88-10 removed. Motion carried 4-Q.
Commissioner Baker moved, Shaheen seconded to direct staff to bring
back a resolution on the consent calendar of the December 11, 1989
Planning Commission meeting to: (1) require recording of building
inspection reports; (2) require the Association to clear all common
areas of pests and that the Association address pest control in a
building at the time that a unit is sold in that building; (3) ask
the City to cite Building Code violations; (4) clarify that no
releases will be made until Building Code violations are corrected;
and (5) remove the requirement from Condition No. 8 to provide
window locks in accordance with Tustin City Code Section 9274 (d)
(2) unless there is a legal constraint, by Minute Motion. Motion
carried 4-0.
OLD BUSINESS
NEW BUSINESS
STAFF CONCERNS
12. Actions of the November 6. 1989 City Council Meeting
Presentation: Daniel Fox, Senior Planner
No Commission action necessary.
13.
Holiday Schedule for second Planning Commission meeting in
Presentation: Daniel Fox, Senior Planner
Commissioner Le Jeune moved, Baker seconded to cancel the December
25, 1989 Planning Commission Meeting. Motion carried 4-0.
COMMISSION CONCERNS
Commissioner Shaheen requested further information regarding the
City's Earthquake Plan; and team captains in neighborhoods.
Lois Jeffrey replied that an emergency preparedness plan is being
prepared.
Staff replied that the City has an Earthquake Plan that is being
revised and they are setting up plans to enact a mock drill; the
1985 plan is being amended with assignments for simulation; and
will bring back status of plan to next meeting.
Planning Commission Minutes
November 13, 1989
Page twenty-seven
Commissioner Kasparian asked for the status of the sign code; would
it be passed out to the Commissioners; and can the Commission react
on an individual basis prior to a workshop; and if staff knows who
is certifying the test equipment for Protek.
Staff replied that it was in the finishing stages, but was not yet
scheduled for Planning Commission review; but a workshop will be
scheduled; the test service name is not yet known, but the
Commissioner could contact the AQMD.
Co~Lmissioner Le Jeune noted concerns regarding past Commission
action for the sign at the Mimi's Plaza at 17th Street and Carroll
way and a similar sign that was placed next to the sidewalk at
Currie School on Sycamore.
Staff noted that the City has no jurisdiction on School District
property and clarified the action taken by the Commission regarding
Mimi's Plaza signs.
Commissioner Le Jeune asked if staff had received the cassette
tapes of the conference in Monterey.
Staff reported that the tapes had been obtained and that they would
provide them to the Commission.
Commissioner Kasparian also noted the desire to hear the tapes.
ADJO~
At 10:40 p.m. Commissioner Baker moved. Le Jeune seconded to
adjourn to the next regular meeting of the Tustin Planning
Commission on Monday, November 27, 1989 at 7:00 p.m. in the City
Council Chambers. Motion carried 4-0. ~
Chairman
P~nni Foley
Secretary