HomeMy WebLinkAboutOB 2 CABLEVISION SITE 06-15-81DATE: JUNE 3, 1981
OLD BUSINESS
6-15-81
No. 2
Inter-Corn
TO: CHARLES THAYER, INTEPJM CITY ADMINISTRATOR
FROM: BOB T.RDENDECKER, DIRECTOR OF PUBLIC ~DI~KS/CITY ENGINEER
SUBJECT: COLUMBUS ~JSTIN PARKSITE/SIX STAR NIRLe~3N CABLEVISICN STATION SITE
BACKG~0UND
At their meeting of June 1, 1981, the City Council received complaints and inquiries
regarding the vacant Columbus Tustin Parksite and the proposed Six Star-Nielson
Cablevision station in the vicinity of Beneta Way and Shasta Way northerly of
Columbus Tustin school. Each of these u~(~laints or inquiries will be addressed
separately.
1. What is the status on the landscaping and drainage situation that was promised
over 8 years ago?
The drainage situation is under the jurisdiction of the Orange County Flood
Control District. This drainage channel is referred to as the F-12 Facility
(North Tustin Channel) and is an earthen trapezoidal channel approximately 10
feet deep and 31 feet wide at the top. The maintenance and ~peration of this
regional facility is under the jurisdiction of the County of Orange. Any
improvements or nodifications to this facility would also be the responsibility
of the County. A search of available records did not reveal any past prcmise by
the City to improve any portion of this channel.
This channel was existing when Tract No. 7420, containing 29 homes along Lucero
Way, was developed in late 1972. As a condition of development, the developer
was required to construct the decorative fencing along Shasta Way consisting of
slumpstone pilasters and wrought iron fencing and gates. Therefore, I do not
know of any other improvements the City would have promised 8 years ago.
The future parksite area consists of all the vacant land on both sides of Beneta
Way. This land was acquired frcm the Orange County Flood Control District, the
Tustin Unified School District and other private individuals in 1972 and earlier.
Again, available records do not reveal any past promise to landscape any
particular portion of this parksite at any particular date.
The proposed 1981-82 budget requests an amount of $50,000 to be budgeted for the
final phase (non-structural) of design for Columbus Tustin Park. Construction
funds have been requested over a two year period, 1982-83 and 1983-84. The
original park development bond funds have ~cn depleted due to the extremely low
amounts that were originally requested and approved by the voters.
COLUMBUS ~JSTIN PARKSITE/
~SIX STAR NI~qON CABLEVISION STATION SITE
JUNE 3, 1981
PA~E 2
2. What are the zoning aspects of Six Star-Nielson's choice of location?
The zoning of the entire Columbus Tustin Parksite and school is Public and
Institutional (P&I). The purpose of this district is to identify uses which are
authorized for public and quasi-public uses. In this district every use must be
approved by the Planning Agency, which requires the filing and approval of a
conditional use permit and at least one advertised public hearing. At this time,
Six Star has not made application for the conditional use permit because they are
also considering other sites. Because of the lack of application, the City can
not make further c~.~ent.
3. Can a private cc~pany erect industrial equipment in a residential area?
This equipment is not considered to be industrial since it does not involve a
renu facturing operation.
Antennas, towers and other similar structures are allowed in any zone subject to
a use permit.
Does Council consider it e. thical to support a private c~,~any such as Six
Star-Nielson Cablevision with public land?
It was never the intention of the City to support private enterprise with public
land. This would be a misuse of public funds. Any public land owned by the City
that would be utilized by private enterprise w~uld either be sold by public sale
or leased at a fair market value by the proposed private user.
What is the ability of the City to erect bars in bet'~cn the existing bars of the
fencing to prevent a small child frcm entering the drainage area?
As previously discussed, this facility is under the jurisdiction of the County of
Orange Flood Control District. The City does not have the authority to do work
on this facility.
Staff has requested the County to repair, the areas on this fencing that have been
damaged by vandalism. The County has indicated that they will respond as soon as
their work schedule permits.
The damaged fencing consisting of vertical wrought iron bars 6" on center have
been pried aport by ~-andals creating a widened space of 9" to 11 ".
Will the Six Star-Nielson structure be erected across the street from a Tustin
school which develops an extreme attractive hazard to a junior high school
student? Without adding another attractive nuisance in the area, can Council
indicate the availability of other less hazardous sites, preferably in industrial
areas for the Six Star equi~-ent, where if they are to receive profits, they
should have to make an investment to pay the appropriate city, state taxes, etc?
COLUMBUS ~JSTIN PARKSITE/
SIX STAR NIELSON CAR~.EVISION STATION SITE
JUNE 3, 1981
PAGE 3
The present proposal frcm Six Star-Nielson is to locate their antenna, three
earth satellites and equipment building on the Beneta wellsite across from
Columbus Tustin Intermediate School. Prior to proceeding with this proposal, the
following items must be accc~plished:
1. Application for a use permit filed by Six Star Nielson.
2. Staff review and a public hearing to receive input either pro or oon from the
surrounding neighborhood.
3. Preparation of a focused EIR to discuss the 'impacts of the proposed
development on the cu,,,,unity and the environment.
4. Final approval or denial by the Tustin Planning Agency.
The selection of other sites for the proposed facility would depend upon the
following items:
1. Availability of vacant land.
2. Gecmetrical center of service area to minimize overhead and underground
cabling.
3. Area free of interference to incoming satellite signals.
It would be to the discretion 'of Six Star-Nielson to search for and select any
particular site. It is my understanding that an alternate site in another area of
town is presenty being reviewed by Six Star-Nielson.
Again, as previously indicated, any use of publicly owned land by the City would
require a lease wherein the City would receive a lease fee. However, City owned land
is not on the tax rolls, therefore, no taxes would be paid to the State or the City.
I believe these were all of the questions and concerns presented by the residents at
the June 1st Council meeting in opposition to the Six Star Nielson facility.
DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
BL:db
cc: C~,.,~nity Development Department
City Clerk