HomeMy WebLinkAbout2000 - September 18
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September 18, 2000
Monday - 7:00 p,m,
Planning Commission
City of Orange
PRESENT:
ABSENT:
STAFF
PRESENT:
IN RE:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
Chris Carnes, Senior Planner,
Stan Soo-Hoo, Planning Manager,
Ted Reynolds, Assistant City Attorney,
Roger Hohnbaum, Assistant City Engineer. and
Sue Devlin. Recording Secretary
CONSENT CALENDAR
1 , Approval of the Minutes from the Regular Meeting of September 6, 2000, and the Special Meeting of
September 7, 2000 - Pulled for separate motions,
MOTION
Moved by Commissioner Smith and seconded by Commissioner Carlton to approve the Minutes of
September 6, 2000 as written.
AYES:
NOES:
ABSTAINED:
Commissioners Bosch, Carlton. Smith
None
Commissioners Pruett, Romero
MOTION CARRIED
MOTION
Moved by Commissioner Romero and seconded by Commissioner Smith to approve the Minutes of
September 7, 2000 noting a correction on Page 9, Public comments were closed, but the public hearing
remained open,
AYES:
NOES:
ABSTAINED:
Commissioners Carlton, Pruett, Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
MOTION
Moved by Commissioner Smith and seconded by Commissioner Carlton to approve the Consent
Calendar.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
2. MAJOR SITE PLAN REVIEW 154-00 - EXTENDED STAY AMERICA
A request to construct a 125-room extended stay hotel on a lot without street frontage. The site is located
at the Stadium Promenade (NWC Main Street and Katella Avenue),
NOTE:
Negative Declaration 1648-00 was prepared to evaluate the environmental impacts of this
project.
RECOMMENDATION: Approve Major Site Plan Review 154-00 and Negative Declaration 1648-00,
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Planning Commission Minutes
September 18, 2000
IN RE:
CONTINUED HEARINGS
3. CONDITIONAL USE PERMIT 2347-00 & VARIANCE 2088-00 - LIS GIUSTO
MOTION
Moved by Commissioner Carlton and seconded by Commissioner Smith to continue Conditional Use
Permit 2347-00 to later in the meeting to allow time for the applicant to be present.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
4, ZONE CHANGE 1207-00 - MUSKOKA DEVELOPMENT
A request to pre-zone two 1-acre parcels of land to the City's R-1-40 (Single Family Residential, minimum 1
acre lot size) Zoning Classification. The properties are currently in an unincorporated area of Orange
County, This application has been filed to allow for annexafion of the properties to the City, The site is
located on the west side of Meads Avenue, approximately 400 teet south of Santiago Canyon Road.
(This item was continued from the August 7, 2000 meeting,)
NOTE:
This project is categorically exempt from the provisions 01 the California Environmental Quality
Act.
The public hearing was re-opened.
Georqe Kerns of Salkin Enqineerinq. 1215 East Chaoman Avenue #2, represented the applicant. Since
the last meeting, they have worked with staff to resolve the issues associated with the project.
The public hearing was closed.
It was noted the project is categorically exempt from CEQA review.
MOTION
Moved by Commissioner Romero and seconded by Commissioner Smith to recommend to the City
Council to approve Zone Change 1207-00.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
IN RE:
NEW HEARINGS
5, CONDITIONAL USE PERMIT 2348-00 - SUNIL TEWARI (HOWARD JOHNSON)
A request to allow remodeling and a two-story addition of 10 guest rooms in an existing motel. The site is
located at 1930 East Katella Avenue. (This item was continued from the September 6,2000 meeting.)
NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act.
There was no opposition to this project. The public hearing was opened,
Sunil Tewari. 1930 East Katella Avenue, apologized for not attending the previous meeting, He
explained that there is a need for additional rooms for business people and tourists in the area,
The public hearing was closed,
2
Planning Commission Minutes
September 18. 2000
Commissioner Smith complimented the applicant on addressing some of the problems with the site such
as the dead end drive aisle, Some parking has been removed to provide a turn around area and it
enhances the project.
Chairman Bosch said staff has recommended that condition 5 be deleted.
It was noted the project is categorically exempt from CEQA review,
MOTION
Moved by Commissioner Smith and seconded by Commissioner Pruett to approve Conditional Use Permit
2348-00 with conditions listed in the staff report, deleting condition 5, finding that the conditional use
permit is granted upon sound principles of land use and in response fo services required by the
community, lt will not cause deterioration ot bordering land uses or create special problems for the
commercial and residential areas in which the site is located, lt has been considered in relationship to the
plan's effect on the City of Orange General Plan and it is made subject to conditions necessary to preserve
the general welfare, not the individual welfare of the applicant.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
6, MAJOR SITE PLAN REVIEW 141-00 & ADMINISTRATIVE ADJUSTMENT 00-17 - V,R,S.J, MEDICAL
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Carlton to continue Major Site Plan
Review 141-00 and Administrative Adjustment 00-17 to later in the hearing to allow the applicant time to
be present.
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
IN RE:
CONTINUED HEARING
3. CONDITIONAL USE PERMIT 2347-00 & VARIANCE 2088-00 - LIS GIUSTO
A request to allow the construction of a new 1 1/2 story structure with an accessory second unit over a
new two-car garage/workshop. Applicant is requesting a modification to the variance to reduce the
required rear yard setback from 10 feet to 5 feet. The site is located at 374 North Cambridge Street and is
within the Old Towne Orange Historic District. (This item was continued from the August 7, 2000
meeting,)
NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act.
Lis Gusto. 374 North Cambridae Street, said they have added a dormer to the south side in order to meet
the 450 sq, ft. minimum, and have moved the pathway along the south side to preserve and maximize the
yard area. They will be installing a wood sectional garage door as requested. They have maintained the
plate line and pitch of the roof to match the existing structure. They want the focus to be on the historical
structure, not on the garage. And, by moving the garage back into the rear yard setback, it will provide
more yard area between the two structures.
Commissioner Romero explained that there needed to be legal reasons to grant a variance.
Chairman Bosch commented the applicant has done an extraordinary job in reducing the bulk and mass of
the building. But, the Commission still needs to make a finding relative to the variance,
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Planning Commission Minutes
September 18, 2000
Mr. Reynolds explained the Commission must determine that the strict application of the zoning ordinance
would deprive the property of privileges enjoyed by other properties in the vicinity and under identical
zone classifications. Additionally, they must find that the variance will be subject to such conditions that
will assure that the adjustment will not constitute a grant of special privilege,
Ms. Gusto said they have an existing avocado tree in the yard, and if they build out any further, they will be
forced to remove the tree.
Commissioner Smith said this is a 1910 residence and by allowing the second unit to encroach into the 5
foot setback, it allows the vintage contributing structure to stand alone, and preserves its historical,
architectural dignity, and allows the traditional open space typical of homes in the area to remain behind
the house, as well as preserves an existing avocado tree on the site,
Chairman Bosch commented the design of the new structure conlorms to the Old Towne Historic Design
Standards and the Secretary of Interior Standards, and the bulk and mass of the structure has been
reduced towards the rear property line by the utilization of dormers and the articulation of the second floor.
It has been mitigated by being tucked into the roof line; the physical design has offset the reduction of the
rear yard setback to assure that there is no apparent greater impact than that for an accessory structure.
And, the stairway has been included in the building, eliminating the imposition upon the privacy of other
properties and thus mitigating the potential impact on the reduction of the yard,
It was noted the project is categorically exempt from CEQA review.
MOTION
Moved by Commissioner Smith and seconded by Commissioner Carlton to recommend to the City Council
to approve Conditional Use Permit 2347-00 and Variance 2088-00, with the conditions listed in the staff
report, finding that the conditional use permit is granted upon sound principles of land use and in
response to services required by the community. It will not cause deterioration of bordering land uses or
create special problems for the area in which it is located. It has been considered in relationship to its
effect on the community or neighborhood plans, and is made subject to those conditions necessary to
preserve the general welfare, not the individual welfare of any particular applicant. The variance is granted
to allow the placement of the second unit to preserve the architectural integrity of the existing 1910 home
contributing structure and the reduction of the volume of the second unit to maintain a building
appearance very similar to that of an accessory structure at the location on the property. And, as part of
the approved design, therefore, to assure specific conditions which do not constitute a grant of special
privilege, This approval pertains to the five foot setback at the rear of the lot as per revised plans dated
September 7, 2000,
AYES:
NOES:
Commissioners Bosch, Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
Commissioner Smith has an original picture of the house, which was owned by the Pitcher family. She
would be happy to let the applicant borrow the picture,
IN RE:
NEW HEARING
7. CONDITIONAL USE PERMIT 2351-00 - ALEX DASTMALCHI (AL TECH CENTERS OF ORANGE
COUNTY)
A request to allow the conversion of office space to a vocational trade school within property zoned C-2.
The site is located at 1518 West La Veta Avenue.
NOTE:
This project is categorically exempt from the provisions of the California Environmental Quality
Act.
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Planning Commission Minutes
September 18, 2000
A lull presenlation 01 the stall report was waived, and the public hearing was opened,
Alex Dastmalchi, 1518 West La Veta Avenue, is requesting a conditional use permit to open a trade
school to allow people to be re-educated and put back into the work lorce, Courses will include floral,
alteration/designs, computers, basic auto diagnostic and aulo mechanic repairs, Hands-on training lor
auto repairs will be conducted at an outside lacility,
Chairman Bosch drew the applicant's attention to their plans because the codes have changed since the
original building was built lor this use, relative to allowance lor exiting through parking structures lrom
adjacent businesses or assembly places, This requirement may allect their Iloor plan layout. He wanted
the applicant to know the Commission was making a land use decision; not an approval 01 a floor plan or
any waiver 01 building code requirements,
The public hearing was closed,
It was noted the project is categorically exempt lrom CEQA review,
MOTION
Moved by Commissioner Romero and seconded by Commissioner Carlton to approve Conditional Use
Permit 2351-00 with conditions 11hrough 6, linding that the conditional use permit is granted upon sound
principles 01 land use and in response to services required by the community. It will not cause
deterioration 01 bordering land uses or create special problems lor the area in which it is located. It has
been considered in relationship to the plan's effect on the City's General Plan, and is made subject to
those conditions necessary to preserve the general welfare, not the individual welfare 01 any particular
applicant.
AYES:
NOES:
Commissioners Bosch. Carlton, Pruett, Romero, Smith
None
MOTION CARRIED
RECESS - Chairman Bosch recessed the meeting at 7:45 p.m,
RECONVENE - The meeting reconvened at 8:00 p,m,
Chairman Bosch excused himselflrom the remainder 01 the meeting due to a potential conllict 01 interest,
and turned the meeting over to Vice-Chairman Pruett.
6, MAJOR SITE PLAN REVIEW 141-00 & ADMINISTRATIVE ADJUSTMENT 00-17 - V,R.S.J, MEDICAL
A request to construct Iwo 40,335 sq. It, (80,670 sq. It. total) two-story medical ollice buildings and a lour-
level parking garage, An Administrative Adjustment is requested to allow portions 01 the office building's
parapet 10 exceed maximum permitted heights, The site is located at 230 South Main Street.
Mitigated Negative Declaration 1650-00 was prepared to evaluate the environmental impacts
01 this project.
There was no opposition to this project; therelore, the lull reading 01 the stall report was waived and the
public hearing was opened.
NOTE:
Darryl Hebenstreit, Architects Oranqe, represented the applicant. They are asking lor the Administrative
Adjustment to raise the parapet to 35 leet and they are only accent elements on the building at the
corners and at the entry elements, The bulk 01 the building parapet is at the height limit 01 32 leet. They
have had a second meeting last week with the Design Review Committee, and the applicant has
submitted additional inlormation, to resolve all 01 the DRe's questions. They have read Ihe conditions of
approval and agree with them, including the minor modification to condition 12,
5
Planning Commission Minutes
September 18. 2000
Commissioner Smith was concerned that the elevations were plain with flat walls, compared to the detailed
front east elevation. Residential properties are behind the parking structure (to the west and south). The
parking structure does not have any detail or landscaping. She would like to see more landscaping,
Mr. Hebenstreit replied all of the elevations have been dealt with to provide breaks in the plane of the
building, as well as a series of decorative eyebrow-type elements and pop outs that occur at each
entrance to the building, The western wall of the parking structure is facing a public street; though it
appears to be much more like an alley, Based on the recommendation of the DRC, they pulled the parking
sfructure 6 feet off of that property line and are providing a landscape buffer along that edge, as well as
fairly large trees along that edge to soften the parking structure. At the request of the Police Department.
they have also enclosed the first level of the parking structure, and closed off what was potentially going to
be an exit point onto that public street. The facade is fairly flat; however, it is accented by three different
types of textured block, smooth block and various colors of block. On the north and south exposures. the
walls are solid, as is required by the Building Department.
The public hearing was closed.
Mr. Carnes explained that the applicant is requesting a lot line adjustment to realign the property lines to
create three parcels; one for each office building and the remainder would be the parking structure,
Revised condition 12 is to create CC&R's for the three parcels that tie together the parking, access and
mainfenance, The three parcels can be sold, but cannot be developed separately.
MOTION
Moved by Commissioner PrueU and seconded by Commissioner Carlton to approve Mitigated Negative
Declaration 1650-00, including the initial study and public comments.
AYES:
NOES:
ABSENT:
Commissioners Carlton, Pruett, Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
MOTION
Moved by Commissioner Pruett and seconded by Commissioner Carlton to approve Major Site Plan
Review 141-00 and Administrative Adjustment 00-17 with conditions 1 through 19, revising Condition 12
as modified in staff's memorandum of September 14, 2000: "Prior to issuance of building permits, the
project proponent shall file with the Orange County Recorder CC&R's that stipulates fhe creation of
reciprocal access and parking agreements between the three parcels. reserves the parking for exclusive
use of the two office buildings, and creates an association for the maintenance and preservation of
common areas and facilities. The CC&R's shall be reviewed and approved by the Department of Public
Works and the City Attorney's Office, and filed with the Orange County Recorder." The project will not
cause deterioration of neighboring land uses and it conforms to the Development Standards and
applicable special design guidelines or specific plan requirements, and will not cause significant negative
environmental impacts as proposed in the draft Mitigated Negative Declaration No. 141-00, On-site and
off-site circulation is adequate to support the project. City and other public services are available and
adequate to serve the project. And, the project is compatible with the community aesthetics. In approving
the Administrative Adjustment, the reduction in standards will not be detrimental to the public health,
safety, and general welfare of persons residing or working on the subject property or in the vicinity. and
issuance of the permit does not compromise the intent of the Orange Municipal Code,
AYES:
NOES:
ABSENT:
Commissioners Carlton, Pruett, Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
Commissioner Smith personally did not like tilt up because there is not a lot of detail that gets added. She
is concerned about the 3 foot spans in the residential district, even though they are multi-family. She
wants to see this particular plot developed, and she hopes this project does not set a precedent. She
asked that the applicant voluntarily add landscaping where they could,
6
Planning Commission Minutes
September 18, 2000
IN RE:
CONTINUED SEPTEMBER 7. 2000 HEARING
8. GENERAL PLAN AMENDMENT 2-00 AND PRE-ZONE CHANGE AND ZONE CHANGE 1204-00-
THE IRVINE COMPANY (SANTIAGO HILLS PLAN II)
A request to change the East Orange General Plan from Mixed Use, Employment, Low-Medium Density
Residential, Medium Density Residential and Open Space to Low Density Residential, Low-Medium
Density Residential. Medium Density Residential, and Open Space; to change the Orange General Plan
from Public Facility to General Commercial; to make various modifications to the Circulation Element; to
modity portions at the text of the EOGP; to pre-zone the unincorporated portion of the area to PC
(Planned Community) and to change the zone of the portion in the City of Orange from PI (Public
Institution) to PC. The project is generally located east of Jamboree Road and the existing Santiago Hills
development, west of the Eastern Transportation Corridor (ETC), and south of Irvine Regional Park, The
southerly boundary of the project is south of the Handy Creek Road under crossing of the ETC, However,
there are two areas that extend beyond this general boundary: a 25-acre parcel proposed for commercial
development located west of Jamboree Road and north of Chapman Avenue and a proposed 24-acre
community park east of the ETC,
(This item was continued from the August 21, 2000 and September 7,2000 meetings.)
Supplemental EIR 1278 was prepared for this project and supplements Rnal Program EIR
1278 that was previously certified by the City of Orange.
Vice-Chairman Pruett stated at the last public hearing they closed public comments, He asked people to
look at the mitigating measures and submit comments in writing on those mitigating measures if they had
additional comments, He's not aware of staff receiving any written comments. Several people, though,
suggested re-opening the hearing to discuss the Mitigation Monitoring Program because it was not
available until just before the last meeting,
NOTE:
Mr. Soo-Hoo explained a draft of the Mitigation Monitoring Program was available on Monday, but the
actual distribution of the booklet did not occur until Tuesday morning, September 12, A number of
people came in to City Hall to pick up copies and the applicant took it upon themselves to distribute copies
to various people who were interested in the project. Staff does not have a count as to how many
booklets were distributed.
MOTION
Moved by Commissioner Romero and seconded by Commissioner Smith to re-open the public comments
portion of the hearing to receive comments on the Mitigation Monitoring Program,
AYES:
NOES:
ABSENT:
Commissioners Carlton, Pruett. Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
13 DeoDle made Dublic comments
Shirley Grindle, 5021 East Glen Arran - spoke in favor.
Chuck McNees, 11211 Orange Park Boulevard,
Marilyn Ganahl, 20351 Lewis Drive.
Tom Anderson, 1392 North Stallion Street - opposed.
John Ufkes, 20121 East Clark Street - opposed,
Julie U1kes, 20121 East Clark Street - opposed.
Carolyn Noble, 12892 View Ridge - opposed,
Eric Noble, 9721 Rangeview, Santa Ana - Cowan Heights - opposed.
David Hayward, 9761 Rangeview, Santa Ana - Cowan Heights - opposed.
Hans Vanligten. 308 South Santa Maria - opposed,
Mark Sandford. 10591 South Meads Avenue,
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Planning Commission Minutes
September 18, 2000
Philip Bettencourt, 110 Newport Center Drive #150, Newport Beach,
Juan Pablo, 224 North Olive #G - opposed.
Several speakers supported the Commission's re-opening of the public hearing for the purpose of
addressing the mitigation measures. At the first meeting very few people knew about the extensive
mitigation measures for this project. Staff was thanked for a wonderful job and the Irvine Company was
fhanked for agreeing to the stiffesf mitigation measures for their project. There are still questions and
concerns about the trails; specifically, Handy Creek and who has responsibility for the community trails.
And, particularly where frails will impact the wetlands on Jamboree Road. An alternate route for that trail is
needed on the map and needs to be addressed in the document. Bike trails should be changed to multi-
use trails, Park quality maintenance and the integrity of the parks and its impacts are a concern. The
mitigation measures that are in place speak to the spirit of what the concerns are about. The Commission
was asked to make sure the language is spelled out in the documents that guarantees a CEQA review
process, Public involvement is needed throughout the planning process on this large project. Definitions
are needed for the impacted areas, along with a map to indicate where those specific areas are, More time
is needed to study the Mitigation Monitoring Program as one week is not enough time. A letter from Chris
Coontz was read and submitted for the record regarding the EIR and the inadequate mitigation measures,
Carolyn Noble was cited incorrectly in the booklet on Page 12 relative to her auditory and visual sightings
of the birds in question, and she will be filing a formal complaint with the governing agencies. Noise
concerns were voiced because of its impact to Cowan Heights and Santiago Hills, There will be up to a 5
dB increase in noise levels, Mitigation measures relating to noise need to be addressed. It was
suggested to not remove the hill and don~ build the 120 units of condos. Noise impacts to the park will be
huge. The hill has been reduced in size and re-sloped for the construction of the 261. There were no
standards for visual impacts; it's deferred to some time in the future. The biological mitigation measures
have problems with respect to the vague performance standards, Wetlands and plant species were
questioned as being inadequate, More definitions are needed before the Mitigation Monitoring Program
is implemented. Santiago Hills I was engineered incorrectly and Phase II will compound the problems
regarding Handy Creek. The issue of schools was questioned. but it is not part of the SEIR, Road
extensions and horse trails were brought up as issues, What mitigating factors are going to allow people
to safely cross the road, Earthquake faults have not been addressed adequately, Buildings should not
be over one story in height. There are also archeological concerns. Questions were asked of the
Commission: How many EIR's are 11 years old? How many Commissioners have been out to the site?
Where do the Commissioners live?
Public comments were closed.
Vice-Chairman Pruett responded to the questions that were raised. The Commission has dealt with other
EIR's that are 11 years or older; it's not unusual. All Commissioners have been out to the site and have
toured the area. He lives in the City of Orange and is interested in what happens in the city, He
represents the people of Orange and is appointed by the City Council.
Commissioner Romero lives on the hill facing eastward. He moved to his residence in 1985 when
Santiago Hills I was a meadow. Newport Avenue was only two lanes and it was very quiet. When he
moved in, he knew the area would be developed, He has a 180 degree view from his house.
Dan Youno of the Irvine Comoanv. responded to the comments made at both meetings. They must go
through the planning process of which a Runoff Management Plan will be addressed in the next six
months or so. He wants to see the public's scrutiny when the tract maps are reviewed. They separated
the zoning from the tract map review because there are so many issues to address, The process is not
being fast-tracked, He explained the steps of the planning process they must go through in order to
develop their project. Zoning must be in place before they move forward with detailed plans and go on to
the next step, The public will be able to be a part of the process when the Management Runoff Plan and
tract maps are reviewed by the City. The 120 units and the integrity of the overall grading plan matters to
them. They are within the standards set by the City and feel they are on safe ground to continue with the
project. Many compromises have been made to the plan in order to satisfy the interests and concerns
8
Planning Commission Minutes
September 18, 2000
raised within the community, and the Irvine Company has gained the community's support over the last
several months, They now have a School Mitigation Agreement that provides for the new elementary
school. It also provides for substantial funding to take care of the impacts that would be created at
Santiago Middle School and EI Modena High School. The OUSD can mitigate, on-sne, at both schools for
the number of students this project will be generating. The facilities will be at a standard set by the school
district and modernized accordingly,
Mr, Soo-Hoo said there is an amendment to the PC text. It's the applicant's response to a comment made
at the previous meeting regarding the provision of landscaped parkways in the Lower Density and Low-
Medium Density residential zones. Language has been provided that amends the PC zoning text to
provide for these parkways in all public and private streets that serve these zones. He also responded to
the questions relating to City services and procedures:
Public notification process - The process is specified by State law and it is repeated in the Orange
Municipal Code, It requires that all property owners within 300 feet of the project site receive mailed
notifications of the public hearing, and it also requires that a notice be published in the local newspaper.
Staff also sent notices to all homeowner associations in the East Orange area and mailed notices to
individuals who requested notice by either notifying the City Clerk's Office or Planning Department. The
City mailed out 632 notices for this hearing. Additionally, stalt conducted two public meetings regarding
the environmental review process. Those meetings took place in the latter part of June, 2000, There
were also four study sessions, each held by the Planning Commission and the City Council regarding
various elements of the project. There was a public meeting held by the Orange Unified School District at
Chapman Hills Elementary School to discuss school issues related to the project. There were various
newspaper articles that appeared in the L.A. Times, the Register, the Orange City News as well as the
Century, And, stalt is aware that the applicant has held community meetings with various groups in the
area surrounding the project.
In answer to the question, "How can the City take action on property that is located in unincorporated
territory (the County)?" he explained that State law allows cities to take certain planning actions in areas
that are within its Sphere of Influence, The Sphere of Influence is established by LAFCO; it's a State
entity that is also County specific, They establish the areas surrounding individual municipalities that are
considered a Sphere of Influence. The City's action does not take effect until annexation of the
properties occur. The applicant is asking for a PC zoning. Should the Commission recommend, and the
City Council ultimately enact the PC zoning, it will not go into eltect until annexation of the property. The
reason for doing this is so that when property is annexed into the City, there is no misunderstanding as to
what the land use status is. Otherwise, without the pre-zoning process, property can be annexed and
would have no land use designation, It would have to be negotiated after the fact.
The question came up about the City's requirements for provisions of parks, What would require a
developer to provide, in terms of park and recreational facilities? This is regulated in Chapter 5,18 of the
Orange Municipal Code. A residential developer must provide 3 acres of park for each 1,000 residents
anticipated. It also specifies that with the consent of the City, the developer may pay in lieu fees rather
than to dedicate the actual property for parks, The developer would pay the fair market value of the land
which would have been dedicated for park purposes. As mentioned in previous staff reports, staff's
recommendation is to pursue the in lieu fees as far as the community park is concerned because it was not
conducive to active park use. And, the need in the City of Orange is for active parks, The property
designated was topographically awkward and would not serve that purpose, By accepting the in lieu fees,
it would allow the City to use those funds to promote active park uses, There are two other neighborhood
parks proposed on the site that will still be developed and constructed,
Affordable housinQ - The City likes to look at a two-fold process when reviewing larger projects, First, they
determine if there is a variety of residential units proposed. The City can olter housing for a broader
income spectrum of future residents with a variety of housing units, which is compatible with the City's
goals in the Housing Element of the General Plan, The developer is altering apartments to single famify
housing units in this project. The City also likes to see a developer taking advantage of the altordable
9
Planning Commission Minutes
September 18, 2000
housing coordinates as it provides incentives for a housing developer to provide lower income housing by
offering an exchange 01 bonus densities or other incentives or modifications to development standards,
The City strongly encourages affordable housing, but the final decision is that of the developer.
Discussions will take place with this developer for affordable housing in future phases.
Police and Fire orotection - Both the Police and Fire Departments have indicated they have the capability
to serve the proposed development. And, both Departments have asked that they be consulted as
development proceeds because they have concerns about planning issues and they want to work with
the developer to resolve them through the planning process.
Availabilitv of water - The Rre Marshal did not have concems over a lack of available water. Staff has found
out from the Irvine Ranch Water District that they will be the water supplier for this area, The IRWD has
done demand forecasts up to the year 2025, and this takes into account Orange County Urban
Projections, this development, and the build out of the entire East Orange General Plan. The IRWD
indicates they can provide water to meet the demands.
Conseauences for not comolvina with the Mitiaation Monitorina Proaram - Every mitigation measure must
take place prior to proceeding on to the next step. Many of the measures must be performed prior to the
tentative tract map process, If the mitigation measure is not complied with, then the tentative tract map will
not be approved and the project will not proceed. Mr. Soo-Hoo did not know of a case where legal
remedies have been resorted to.
Stan Hoffman. Fiscal Consultant with Stanlev R, Hoffman & Associates, summarized a couple of the key
findings from their study. They did an analysis of the original plan and then they did an analysis of two
alternatives, The first plan consisted of 1,886 units, 220,000 square leet of commercial use and 19 acres
of parks, The commercial area was not designed to compete with the current shopping centers of
Albertsons and Pacific Ranch Market. There were two kinds of sales tax generated from the original
project: The residents of the project were assumed to add additional support to those shopping centers,
The other proposed center was to be designed as a sub-regional center to draw people from the outside
area. With the proposed commercial center the project was positive. Then, two alternatives were
proposed. One was a reduction in the housing to about 1,748 units with no commercial. This creates a
negative project. And, the other was relocating the commercial use to where the housing was. This
dropped the housing units to about 1,600. They worked closely with City staff to determine cost
estimates. Two-thirds of the costs were for Police and Fire services, Road and park maintenance. street
lights, library services and general government was also taken into consideration. It was determined that
occupancy would not be supported in the 220,000 sq. ft. commercial center, Additional population and
housing would be needed to support a full retail center. Full build out of the shopping center was not
assumed with this project. He did not forecast what the vacancy factor would be at the existing commercial
center, He estimated the new additional sales tax that would be derived from the new households,
Commissioner Romero would like to have the sales tax data on the retail centers.
RECESS - Vice Chairman Pruett recessed the meeting at 10:15 p.m,
RECONVENE - The meeting reconvened at 10:20 p.m.
Kathleen Bradv. Bonterra Consultina, responded to the questions raised about the EIR and the Mitigation
Monitoring Program, One of the comments pertained to the status of the Final EIR, Supplemental EIR and
Final Program EIR, Since the project was previously addressed by the Final Program EIR 1278 that was
prepared for the East Orange General Plan, and this project is a refinement of that plan, a subsequent
document does not need to be prepared, The City of Orange determined that a Supplemental EIR was
required because there were provisions where there were substantial changes in the project and the
conditions in which it was implemented, Overall, the project was felt to have fewer environmental impacts
than what had been originally addressed in Final EIR 1278, Now, the modified project that is being
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September 18, 2000
proposed even further reduces the impacts. It represents an 83% reduction in the number of trips than
what was originally assumed for the Santiago Hills II site, With the proposed amendment, it does not
involve any new significant impacts.
Another CEQA issue that was raised is if the Supplemental EIR inappropriately defers mitigation. One
thing that is very important to consider is the level of approval that is being given. It's General Plan and
Zoning, Based on these approvals, the developer cannot start building. There are more discretionary
approvals that the City of Orange would need to give betore the project can proceed. They do not have
that level ot detail to provide the information. The mitigations have set up the standards and they identify
what sort of studies are required prior to the discretionary approvals. Discretionary approvals also require
CEQA documentation. There is ample time for additional surveys to be conducted on the site.
The Run Off Management Plan requires that the surveys be conducted in conjunction with the
preparation of the Plan, There will be public disclosure as well as all endangered species studies,
Information will be provided to the resource agencies. It resources are tound, detailed mitigation will be
included in the document. In order to obtain permits, there must be adequate wetlands mitigation,
The Mitigation Monitoring Program goes into detail about timing of the measure, who is responsible for
overseeing the program, and who is responsible for verifying that it has been implemented, These
measures have to be implemented prior to most of the approvals. If City staff is not able to provide the
level of scrutiny because of being understaffed, that can also be delegated and contracted out.
The planned trails and equestrian amenities were questioned. There are two plans that oversee the riding
and hiking trails: The Orange County Master Plan of Regional Riding and Hiking Trails and the City's Master
Plan of Trails. The County's Master Plan shows a trail extending from Irvine Regional Park, along Handy
Creek or through that area, over to the Jamboree and Canyon View area. As the EIR discussed, when
Chapman Avenue was rebuilt and there was not a provision of any sort of under crossing at that location, it
eliminated the feasibility of implementing the trail along that location. In discussions with County staff, at
one time it was thought that Handy Creek would be part of the Flood Control District - properties that would
be deeded to them as part of the flood control facilities and it would be in public ownership. It is proposed
to be preserved because of the wetland habitats in that area, The City's Master Plan has a similar trail. but it
was along the Canyon View extension, which this project proposes to delete, The connection between
the Irvine Regional Park and Peters Canyon Regional Park would be served by the trail that is proposed
along the alignment of the interim facility, along Jamboree Road.
There was a request for a trail to be considered along the southern edge of Santiago Canyon Road, east
of Newport, Right now, there is no designated trail in that location, The majority of the land is owned by
the College District. There does not appear to be adequate right-of-way in that area for the construction of
a trail on the south side. If, prior to the time of tentative tracts and approvals for the portion of land that is
west of Jamboree, and if the City works with the College District, and it's determined that a trail could be
built, the project could accommodate it.
On the community trail that was shown on the City's Master Plan, as extending along Canyon View and is
shown going east of the corridor with just an arrow -- this project would provide for that connection along
Handy Creek Road, on the north side of the road, It's proposed that the Peters Canyon Trail within the
park be used as a connection down to Handy Creek Road to provide for the ultimate provision of a trail that
goes east of the Corridor.
There was a request of how the trails would go under the Corridor and if there would be an under crossing
at Santiago Canyon Road or a trail. Currently the plans for 241 show Santiago as being an over crossing,
So there wouldn't be any under crossing at that location, However, north of there, at Lakeview. extending
north of Irvine Regional Park and going on over towards Irvine Lake, there is a proposed under crossing,
as well as the under crossing at Handy Creek Road,
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September 18. 2000
Another issue that was raised is the need for under- and over- crossings at Santiago Canyon Road. This
issue was addressed by the City of Orange in their Master Plan of Recreational Trails when it was amended
in 1993, The desire for the crossing was expressed at that point because of the anticipated 6-lane cross
section lor Santiago Canyon Road. They identified two locations; one being at the dedicated riding ring
being leased at Orange Park Acres and another at the cemetery. In 1993, according to City Council's
notes from March 23, it states these as optional elements, and that these facilities would be funded by the
community. There is no under- or over- crossing identified at this location,
With regard to flood control issues, there is no Ilood control improvements to Santiago Creek as a result of
this project. The relationship of Peters Canyon Reservoir and storm water run off from the proposed
project is that originally the reservoir was for agricultural irrigation, so the water was drained quite regularly,
The water shed for the Peters Canyon Reservoir is approximately 1, 058 acres and most of this the area
northeasterly of Jamboree Road. The reservoir provides storm water detention as part of the flood control
project. And, there is a spillway at the north side of the reservoir. So if storm water rises, the water can be
regulated to control the flows, There has only been two occasions in recent years when the water has
spilled over into Handy Creek (1993 and 1998), As far as releases from the reservoir into the Upper
Peters Canyon wash, which ultimately goes down to the Upper Newport Bay, there have been three
releases since 1995 (1995, 1996. and 1998), According to the dam operator, those were for mosquito
abatement purposes,
There was fear about the water qualify impacts on Peters Canyon Reservoir. The County does do water
testing of the reservoir, but they haven't been able to obtain that inlormation yet. The County is part of the
Run Off Management Plan.
The comments submitted by Christopher Koontz were reviewed, The County has set up the Department
of Watershed and Coastal Resources, in consultation with Harbors, Beaches and Parks, as part of their
structure,
The mitigation measure identifies potential mitigation for the Santiago Canyon Road and Cannon Street
intersection, This project will provide for a fair share payment. The same with Prospect and Chapman
Avenue,
Another issue raised was why is Santiago Canyon Road being built and extended to the east and why, if
this project can delete Canyon View and Fort Road. doesn't it just delete the easterly extension of
Santiago Canyon Road. Santiago Canyon Road is a regional facility and it serves more than just this
project where Fort Road and the Canyon View extension were intended to be serving the mixed use
center. When the mixed use center was removed, the need for fhose roadways no longer exist. Santiago
Canyon Road connects the south and central Orange County. The OCT A is the agency with jurisdiction
over the MPH and they would require that you show and demonstrate that there would be no
unacceptable levels of service with the modification.
Noise from the EI Toro Airport: They contacted the Executive Ollicer for the Airport Land Use
Commission, and the site would not be required to be referred to the Airport Land Use Commission, And
with regards to complying with the FAA criteria, buildings would have to exceed 200 feet in height in order
to enter into the air space for EI Toro,
As far as the information on the endangered birds, she deferred to the biologist on the project.
The project site was identified in the NCCP as being a development area. The reserve design did take
into account that there would be impacts of development and the project is considered consistent with
the NCCP. The County did ask fhat the minimization measures from the NCCP be included as actual
mitigation measures for this project, rather than just assumed that since the City was a signatory that they
would be implemented, and that has been done, The NCCP also addressed wildlife movement corridors
and there is not an identified wildlife corridor in the NCCP on this project site, The Santiago Creek was
basically the wildlife area that was identified.
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September 18, 2000
Dr. Dennis Murphy has written many books on the Chuckerspot Butterfly; he was the petitioner for the
listing of the species and the chairman ot the review panel that developed the original NCCP conservation
guidelines,
Relative to the removal of the old trees, the project proposed a 2:1 mitigation. At this time, though. the
mitigation measure has also been revised to ensure that half at the trees that are to be removed, will be
relocated so as not to lose the old oak trees in the area, A certified arborist will be developing the plan for
the replacement of the trees, The precise location and planting of the trees is also subject to the approval
of the County of Orange Manager of Harbor, Beaches and Parks,
A question came up about rodent control. That is something that is routinely addressed as part of a
clearing plan, A mitigation measure has been added that requires that a vector control plan be submitted
to the City,
As far as unique archeological sites on the boundaries of the project, the survey identified that there are
three sites that have been recorded, and one has been either buried or destroyed by the construction of
the Corridor, The other two sites were located, but it did not appear to have any substantial evidence 01 an
unique site, The mitigation measure does require testing of the sites and the testing involves doing core
samples of the project site to get an understanding of what the subsurface resources may be. There are
also three isolated artifacts on the site. There is no indication that they are qualified for the National
Register of Historic Places, The historical site was an apparent water control impoundment and associated
scatter of refuse material.
It was determined that there is no active fault on the project site, The closest one is approximately eight
miles to the northeast.
Mitigation measure PS-9A does provide that the County be involved in discussions of the location of the
trail. If the trail cannot be built to full standards, the County will be kept abreast of the issue and involved in
the design of the trail. The bike trail on Santiago Canyon Road is a County Master Plan of Bikeways facility
and it is striped on the asphalt.
A concern as far as missing some of the detail, Land Use Measure #1 was identified, One thing that
should be clarified on a lot of these mitigation measures is that they are out of the old EIR and some of
them do not go into the level of detail that is customarily seen at this time. But, not wanting to abandon the
mitigation measures that were adopted 11 years ago, they are reflecting those. Some of the detail will be
provided either through the timing or through back up mitigation measures. Noise measure #2 requires
that the detailed noise studies be conducted and it does identify the standards - the 65 outdoor living area
and the 45 for interior, Regarding the slope that is being graded, it may have been a natural slope, but at
this point it is a manufactured slope, It is a 2:1 cut slope that was developed for the roadway.
It should be pointed out that CEOA does not require the distribution 01 the Mitigation Monitoring Program,
Over 250 copies of the document were printed, All of the responses to comments were distributed to all
of the people who made comments where CEOA only requires that they be distributed to the
commenting agencies. This project has gone beyond all requirements for the distribution of materials.
Commissioner Carlton knows there has been concern about the wildlife and the birds that will be impacted
on this site, The mitigation measure spells out two different varieties and she wanted to add verbiage to
the measure: "The survey shall include identification of any other species observed during the April 10
through July 31 period, and address any specific impact to the habitat of those species, with resulls
submitted to the appropriate agencies," Ms, Brady did not have a problem in adding this wording to the
text.
Vice-Chairman Pruett said there was a comment made that the U,S. Army Corps of Engineers requires a
3:1 replacement on the trees, Ms. Brady responded the Army Corps of Engineers has jurisdiction over
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Planning Commission Minutes
September 18, 2000
the wetlands, There is no set standard and that is usually done through negotiations with the Army Corps
of Engineers by what type of habitat is being removed and what the proposed improvements are,
Commissioner Smith asked if the language is sufficient in the document to guarantee CEQA review at all
levels, Ms. Brady believes the document says public review, but has been amended to provide for a
CEQA review.
Mr. Soo-Hoo clarified that a paragraph should be added to the Mitigation Measure W4 and it applies to the
Run Off Management Plan, stating: ''The ROMP shall be considered a discretionary project for purposes
of CEQA and shall be subject to review and approval by the Planning Commission, subject to appeal to
the City Council."
Ms, Brady also pointed out when the document was distributed there were 49 mitigation measures, And,
through the responses to comments, other mitigation measures were requested, The County wanted the
NCCP measures made as mitigation measures to the project. They now have 68 or 69 mitigation
measures.
Commissioner Smith asked about the idea to include a map that defines the potential areas of wildlife and
vegetation, water life, etc. Ms. Brady was not real clear on what the map needs to show. All of the
wetlands will be surveyed and all of the Coastal Sage Scrub will be surveyed for their appropriate species.
They will add a map to the back of the Mitigation Monitoring Program that clarifies which species and
habitat are in the project area.
Matt Jones. Noise Consultant, addressed the comments made about the elimination 01 the hill and the
impacts upon the residences in Cowan Heights and Santiago Hills. He stated the noise levels are below
the 57 CNEL with the hills cut down. The noise levels are well below the standard of 65 CNEL. If the' hill
remained, there would only be a 3 dB difference. They looked at the northeast corner in Cowan Heights
that will have the highest noise levels, and another location near where the tinger tip at the lake comes
out, and the noise levels ended up being comparable.
Adrian Wolf stated their company did the biological and endangered species surveys on the site, The
NCCP addresses both species in the plan,
The public hearing was closed,
Commissioner Smith did not think the affordable housing was addressed well enough. This is a very large
project and she would like to hear what has been done in terms of discussion in this phase, She's talking
about affordable housing, with the realization that the median tor affordable housing in the County is very
high. There was no mention of affordable housing in the proposal and she is curious if discussion took
place and if any discussion has occurred subsequent to the public's raising the issue at the hearing,
Mr. Soo-Hoo was not a participant in the original discussions, but he is aware that discussion occurred.
Commissioner Smith has been engaged in the process of looking into East Orange since 1988 when she
was a member of the East Orange Policy Plan Review Committee, She has lived in Orange since the
population was 10,000 and a trip to Irvine Park and the dump was an adventure, She has lived in Orange
since the swallows nested in the eaves of homes in this particular neighborhood and she is a seventh
generation Native Californian and five generations here in Orange. She has grown up on the site. Her
dad is a birder and her mother loves wildflowers and the open space, When growing up, it was open
space every where. She frequented Bob and Jeans her whole life; that was their reward for being good
when they went to the dump, She attended week-long day camp at Irvine Park during the summer
months, All of us agree that it would be better to have open space, but have chosen to live in a community
that is one of the richest and fastest growing communities in the world. Along with prosperity, there is also
development. The kind of development that brings a staff report to people's front door. Nobody brought
the staff report to her front door, She felf they needed to look at the sensitivity that has gone into this
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September 18, 2000
project. She is aware of being involved in this project since 1988 and it is not being fast tracked, She
knows of others who have worked on this plan even before that. It's not a perfect project; there's a long
way to go. But, this will provide a wonderful community for the City. She thought they had to be careful to
make this type of housing and lifestyle available to the most amount of people in the community. The
biggest danger is that it looks like a community for elite people, She likes the mix of a lot of different
densities of housing and different lot sizes, There is a lot more green space with this community than in
any other part ot the City of Orange. She will hold the Irvine Company absolutely responsible to complying
with all of the mitigation measures. If any of them are not complied with, she will respond to that personally,
to the best of her ability and knowledge. Her chief concerns are providing good quality of lite to people
and also retaining whatever natural habitat there is in the area, She is very comfortable with the mitigation
measures. She hopes more people will get involved to ensure that the spirit of the process for
development in this project will continue, She wants to hear more about affordable housing and wants to
make sure that the landscape pieces are included in the development standards, And, to make sure that
someone is watching the mitigation of the trails to make sure that they are included in an official way in this
plan,
Commissioner Carlton congratulated the EONC and the Irvine Company for their spirit of cooperation,
This has evolved into a wonderful, workable project. She appreciates all of the input and education that
was given to the Commission over the last several months, She is very close to affordable housing in the
City of Orange, and have been for the last 10 years with a non-profit corporation, It would be a mistake to
remove the 120 units from this project because more units are needed in the City. There have been so
many changes in the plan since the initial presentation, One of the most outstanding changes was to
change the commercial center to residential. The existing center is dead and needs a shot in the arm. It
would have been a mistake to build another commercial center until the existing center is at full occupancy
and is making a profit. She is happy with the list of mitigation measures, but she would like to see
additional information about the endangered species, The Irvine Company knows they will be under close
scrutiny by not only the EONC, but the City of Orange. The agreement reached with the School District is
over and above what is required, The plan is to enhance two existing schools and make needed
improvements, as well as building a new elementary school. She personally does not like to see the
3.000 or 3,500 square foot lots, but that is a requirement of the General Plan, She is ready to move
forward with a motion to approve the project as proposed,
Commissioner Romero lives out in the area and views all Sectors. but Sector E, He would love to see
natural green space, but understands the population growth of the area, He applauded the EONC for the
tremendous work they have done in working wilh the Irvine Company on this project. He asked staff for a
study with regards to the Albertsons Market and Ranch Market, to what was proposed with income and
what has actually been realized. And, will there be a neutral fiscal result if occupancy can be increased for
the two centers? This information will help the City Council make a decision, He is very pleased to see
what the Irvine Company is doing for the School District.
Vice-Chairman Pruett remembers the trips out to Irvine Park when it was free. And, traveling through the
Santa Ana Canyon when it was a two-lane road. Many changes have occurred in the County. He
expressed his appreciation to the public for their participation in the hearing and planning process, He
thought this is a better project from the standpoint of the General Plan, The property owner. Irvine
Company, has vested rights and the project is a good one that has been modified as a result of the
community's participation. The Irvine Company is commended for providing that flexibility and wanting to
work with the community, especially in the area of the schools, In terms of the Supplemental EIR, he's
very comfortable with the issues that have been identified and the process that has been gone through to
come up with the mitigation measures. He recognizes that many of the issues will be looked at more
specifically and with much more detail as the project moves forward with tract maps and the development
plan. He likes the plan without the commercial center. The cost factor in terms of breaking even is so
close, he is comfortable in recommending to the City Council that the area be residential as proposed in
the alternative, He also likes the higher densities moved closer to the freeway,
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September 18, 2000
Commissioner Smith wants to look at the inclusion of trails and require a discussion about affordable
housing,
Mr. Soo-Hoo stated the tract maps will address the trails, which the Commission will review as part of the
tentative map approval process. As far as the affordability issue, he believed the most appropriate course
of action would be for the Commission to direct staff to engage in discussions with the Irvine Company
regarding the affordability component and the opportunities allowed by City ordinance. Then. specifically
include the applicant's response in the transmittal materials to the City Council so that it is brought out
publicly,
MOTION
Moved by Commissioner Carlton and seconded by Commissioner Pruett to recommend to the City
Council certification of Supplemental EIR 1278 with the findings A through F listed in the staff report,
adding additional mitigation measures to B3 on the W4, as well as the mapping,
AYES:
NOES:
ABSENT:
Commissioners Carlton, Pruett, Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
MOTION
Moved by Commissioner Carlton and seconded by Commissioner Pruett to recommend to the City
Council to approve General Plan Amendment 2-00 with the finding that approval of the General Plan
Amendment will be in the best interest of the City of Orange and its citizens. The Commission directed
staff to engage in discussions with the Irvine Company regarding affordable housing with a presentation to
the City Council.
AYES:
NOES:
ABSENT:
Commissioners Carlton, Pruett, Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
MOTION
Moved by Commissioner Carlton and seconded by Commissioner Romero to recommend to the Cily
Council to approve Pre-Zone Change and Zone Change 1204 for the reasons designated on Page 6,
Items 1 through 4, and Items A through G under Section 4, of the staff report and noting the modifications
on Pages 10, 15, 17, 19,21,22,25,26,27 and 28.
AYES:
NOES:
ABSENT:
Commissioners Carlton, Pruett, Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
Commissioner Smith acknowledged Shirley Grindle and thought the community owed her a large amount
of thanks for the amount of time she spent on this project. Ms. Grindle was the person who helped bridge
the gap with the Irvine Company. Commissioner Smith also thanked all of the members of the EONC for
their time and effort.
IN RE:
ADJOURNMENT
Moved by Commissioner Smith and seconded by Commissioner Carlton to adjourn to the next regular
meeting on Monday, October 2, 2000. The meeting adjourned at 11 :55 p,m,
AYES:
NOES:
ABSENT:
Isld
Commissioners Carlton, Pruett, Romero, Smith
None
Commissioner Bosch
MOTION CARRIED
16