HomeMy WebLinkAbout12/12/1983 - Minutes PCPLANNING COMMISSION
MINUTES
City of Orange
Orange, California
December 12, 1983
Monday, 7:30 P.M.
The regular meeting of the Orange City Planning Commission was
called to order by Chairman Hart at 7:30 P.M.
PRESENT: Commissioners Hart, Greek, Mason, Master and Vasquez
ABSENT: None
STAFF Jere P. Murphy, Administrator of Current Planning
PRESENT: and Commission Secretary; Jack McGee, Associate
Planner; Gary Johnson, City Engineer; Gene Minshew,
Assistant City Attorney; and Cathy Erskine, Record-
ing Secretary.
PLEDGE OF ALLEGIANCE
IN RE: APPROVAL OF MINUTES OF NOVEMBER 21, 1983
Commissioner Hart stated that the Minutes of
November 21, 1983 have already. been approved.
IN RE: ITEMS TO BE CONTINUED OR WITHDRAWN:
CONTINUED HEARING ON THE SANTIAGO CREEK PLAN -
GENERAL PLAN AMENDMENT - LAND USE ELEMENT 2-83A,
ZONE CHANGE 1009.
A proposal to change land use designations from Open
Space and Low Density Residential (2-6 units per acre)
to High Density Residential (15-24 units per acre)
and rezone from R-1-7 (Single Family Residential,
7,000 square foot minimum lot), FP-1 and FP-2 (Flood
Plain Combining) Districts to R_M-7 (Residential
Multiple Family) and FP-2 (Flood Plain Combining)
Districts to accommodate an estimated 420 unit
apartment complex on 26t acres located on the west
side of Tustin Street at La Veta Avenue (580 South
Tustin Street). This item is continued from the
meeting of November 21, 1983.
Commissioner Hart explained that before proceeding
with the hearing, he wanted to advise the meeting that
he received a le~~ter from a Mr. John Tyson, 1047 East
Fairway Drive who made reference to what P4r. Tyson
perceived as the friendship between Commissioner Mason
and the owner of the property, Mrs. Betty Beldon.
Commissioner Hart explained that Mr. Tyson believed
that ethics dictated that Commissioner Mason disqualify
herself from the hearing because of the alleged friend-
ship. Commissioner Hart stated that all Commissioners
would then have to be disqualified from this hearing
because he felt that all the Commissioners
Planning Commission Minutes
December 12, 1983
Page Two
that lived within the area in question. Commissioner Hart
further stated that he personally had a friend that lived
on Fairway Drive and that his friendship with said person
~~ would not cause him to act in any unbiased way, and stated
that Commissioner Mason and the rest of the Commissioners
have been appointed by the Council- to represent the people
of the City of Orange in planning matters. Commissioner
Hart explained further that the Council recognizes that
each Planning Commissioner knows many people and are charged
with acting officially for the good of the City. Commissioner
mart stated that he did not intend to question Commissioner
Mason's integrity, that he knew it was good, and that the
Clerk file the letter from Mr. Tyson as part of the hearing.
Commissioner Hart then began the hearing by stating that
the developer and the representatives of the homeowners'
group have met, and that the developer present any changes
in his plan that he might have from his original presenta-
tion.
Mr. Gil Martinez then addressed the Commission stating that
he represented the applicant, Frost Construction. Mr. Martinez
requested that Mr.Elfend address the Commission to give a
brief up-date as to the processing of the Environmental
Impact Report.
Mr. Elfun then addressed the Commission to provide a status
report on what has occurred since the November 7, 1983 meeting
with respect to the site plan. I~Ir. Elfend stated that after
speaking with the representatives of the homeowners' associa-
tion, they further defined the prior site plan and intended
to resolve some of the issues which were raised at the last
Commission. Mr. Elfend stated that two meetings were held
with some of the representatives of the board on the associ-
ation, and that after those meetings the major concerns of
the association were as follows: the number of units, the
overall density of the project, the heighth of the units
(3 story units), the type of ownership, whether a fee owner-
ship or a rental market, the flood control, traffic and
circulation, and architectural considerations as to how
the units would be viewed from the adjacent properties.
Mr.Elfend stated that subsequent to the meetings had with
the homeowners' association, he and Mr. Martinez met to
discuss some of the issues and the environmental concerns
and that a fifth site plan was prepared which was on view
in the meeting room. Mr.Elfend stated that the fifth site
plan was then presented to the association at large on
November 30, 1983. At the c~n.ci.usion of the presentation
of November 30, 1983, Mr.Elfend stated that there was very
little dialogue and that the position taken by the homeowners'
association on November 30, 1983 was that the only type of
development which the homeowners would consider acceptable
to the property would be single family dwellings and that
Planning Commission Minutes
December 12, 1983
Page Three
any type of multiple family proposal would not be considered.
Mr.Elfend stated that subsequent to the November 30, 1983
meeting, he attempted to meet with other representatives of
the homeowners' association but had not been successful in
so doing. Mr. Elfend stated that the position taken by the
homeowners' association was, in fact, the same position taken
by them at the first scoping meeting which occurred in May,
1983. Mr. Elfend stated that the plan to be presented to the
Commission at this meeting of December 12, 1983 is a result
of approximately seven to eight meetings with the homeowners'
association, it is the fifth site plan, and that the position
of the homeowners' has basically remained unchanged.
Mr.Elfend briefly addressed the environmental issues associated
with the site plan and stated that these issues were included
in the Planning Commission Minutes of November 7, 1983. Mr.
Elfendstated that the fifth site plan to be presented substan-
tially reduces the environmental impact which incorporates
mitigation measures as provided for this meeting. Mr. Elfend
stated that there has been some redesign in the area of hydrol-
ogy; that since the density of the development has been decreased,
the traffic impacts are less than what they were earlier; and
that in the area of services and utilities, these have been
decreased as well.
Mr.Elfend then turned the meeting over to Mr. Gil Martinez to
present the fifth site plan to the Commission.
Mr. Gil Martinez addressed the Commission and presented a
slide show of the fifth site plan to the Commission. The
slides incorporated the subject changes in the site plan
and were as follows:
1. There is to be a total of 350 dwelling units
(changed from a total of 459 dwelling units).
2. 2-story dwelling units are proposed instead of
3-story units.
3. No parking in the channel area.
4. Along the southern boundary of the property, the
following conditions are proposed:
(a) 50' to 65' set back to be used for landscaping
in creating a park-like setting for 1-2-3 story
dwellings is to be revised by adding an addi-
tional 10' to this easement (set back) area.
This area will provide for underground utili-
ties, have the trees pruned and fences moved
in order to create privacy and additional value
for the residents living along the edge of the
property limits.
Planning Commission Minutes
December 12, 1983
Page Four
(b) The 60' set back area along the edge of the
boundary area is to have dwellings not to
exceed 2-story dwellings (rather than up to
3-story).
(c) More uses within the open space area are to
be incorporated in the project, including
more landscaping, the building of gazebos,
picnic areas, a more elaborate trail system
and a free play area in this location.
(d) The 100' channel area will not have any parking,
and all the parking will be outside of the
channel area. (Within this channel area, there
will still be emergency access points, points
for maintenance, trail access for joggers and
pedestrians, etc.).
5. The density is to be a medium density designation,
which is a density range of 6-15 units per acre.
Mr. Martinez ended the slide show and summarized the staff
report as follows:
1. High density not appropriate nor compatible with
surrounding land uses and, therefore, a medium
deniity is to be proposed.
2. A total reduction of the dwelling units is from
459 to 350.
3. A reduction from 3-story to 2-story is proposed.
4. Parking will be outside of the channel area.
5. A manor type treatment architecturally is proposed
for all of the dwellings along the edge of the
property so that any view of the property will be
to a park-like setting with structures appearing
like large manor homes with the 350 proposed
dwellings within that outer structure.
6. The ownership situation would mean less control o.f
the property vs. a management company controlling
the dwelling situation.
7. The open space area has been changed to be more
of an integral part of the total development.
Mr. Martinez then concluded his presentation to the Commission
and there were no questions at that time from the Commission.
Commissioner Hart requested that the homeowners' association
representative address the meeting.
Planning Commission Minutes
December 12, 1983
Page Five
Mr. Ralph Massick, 1429 Fairway Drive, Assistant Vice-
President of the homeowners' association addressed the
meeting. Mr. Massick then briefly recapped the meeting
of November 7, 1983 explaining the history of the flooding
of the Santiago Creek, the involvement of the open space
and master plan of the Santiago Creek area, the strain that
the proposed plan would have on public services, the traffic
and congestion proposed by the plan, and that the neighborhood
as it now exists is a low density area. Mr. Massick stated
that Commissioner Vasquez had informed them that there was
a lack of community relations in the development proposed.
He stated that Commissioner Mason asked the homeowners to
consider a compromise, and that Commissioner Greek felt that
the area should be developed but not at the detriment to the
neighbors. Mr. Massick then summarized the meeting of
November 30, 1983 of the homeowners' association stating
that the homeowners felt there would still be a congestion
problem with the type of development proposed and that there
were no major changes brought to them by the developer at the
November 30, 1983 meeting. fie stated that after the meeting
that the homeowners voted unanimously to oppose any zone
change, that the developers did not really show good faith
in their new proposal and that the new plan did not really
meet the directives of the Planning Commission or the con-
cerns of the homeowners. Mr. Massick then requested that
the Commission not recommend the approval of the proposed
plan.
Commissioner Hart then asked if any of the Commissioners had
any questions of Mr. Massick and there were none. Commissioner
Hart then asked Mr. Martinez to respond to Mr. Massick's state-
ment.
Mr. Gil Martinez addressed the Commission and stated that the
engineers believed that the flood situation could be accommo-
dated within the 55' wide channel as originally proposed and
that they are now proposing a 100' wide channel. ~~ith respect
to the open space, he stated a green belt was proposed around
the perimeter of the project for flood purposes and recreational
activity. Mr. Martinez analyzed the credits to be received and
stated he believed the developers should receive credit for
25.8 acres. Mr. Martinez then requested for approval of the
General Plan Amendment with the intent for zoning purposes.
Commissioner Hart then asked if there were any questions of
the applicant and as there were none, he declared the hearing
closed. An unidentified individual asked if anyone else could
speak and Commissioner Hart explained the general procedure
of the hearing for December 12, 1983, noting that the applicant
Planning Commission Minutes
December 12, 1983
Page Six
makes the presentation, any objections or arguments are
given, then the applicant answers. Commissioner Hart
stated that unless there were some really different argu-
ments that had not been offered previously at the
November 7, 1983 meeting and at this meeting, he could
see no reason to continue the hearing. Commissioner Hart
did state, however, that he did not want to restrict any
comments from any other speakers and invited any members
of the public present at the hearing to address the
Commission. Commission Hart then opened the public hearing.
Mr. John Tyson, 1047 East Fairway, addressed the meeting.
Mr. Tyson read a statement to the Commission, explaining
that he wanted the Commission to inform the homeowners
of any goals or aspirations it might have that might
overide the concerns of the homeowners if it votes against
the wishes of the people that the Commission represents.
Mr. Tyson stated that he felt the Planning Commission
existed to protect the citizens from overzealous developers
and planners, to satisfy the needs of the people of Orange,
and to not have the Santiago Creek bed rezoned. He then
asked the Commission to give a unanimous vote against the
proposed project. A discussion between rir. Tyson and
Commissioner Hart then took place as to the relevancy of
the owner of the proposed project, her identity and her
economic status. Commissioner Hart stated that a personal
attack on the owner of the project was unfair and inappro-
priate and Mr. Tyson's concern was that a high density
development as proposed would generate a great deal of
income for the owner in place of continuing to run a golf
course and that this desire of the owner was relevant to
the subject hearing. Mr. Tyson then made mention of the
cost to improve Tustin Avenue and the bridge and inquired
as to who would pay for this improvement, whether by tax
dollars, and if so, the homeowners would, in effect, be
subsidizing their own destruction in the proposed area.
Mr. Tyson then mentioned an article in the Register
entitled "The Flood Control District Needs More ~7ater
Storage Area and inquired as to whether the golf course
valley is the appropriate place, generating a great deal
of income for the owner of the golf course as an alterna-
tive to the proposed high density dwelling project proposed,
stating that this might be an example as a better use for
the subject land area. Mr. Tyson asked that the Commission
not rush into something that once done could not be undone
and might adversely affect the citizens of Orange. Mr.
Tyson stated that he felt sure that in good conscience the
Commission could not recommend the proposed development
or any rental development to the detriment to so many that
the Commission represents' and to the benefit of so many
that the Commission does not represent.
Planning Commission Minutes
December 12, 1983
Page Seven
Mr. Wayne Spring, 1243 Fairway Drive, addressed the Commission
stating that Mr. Gary Johnson, the City Engineer, wrote a
letter indicating that Mr. Johnson strongly advised against
the solution of the sewage disposal in the area in that the
lines were not adequate to support the type of density pro-
posed by the plan. He stated he felt the sewer lines were
at capacity and that if the proposed plan was adopted, new
sewer lines or additional sewer lines would have to be put
in. He inquired if the developer or the citizens of Orange
would be responsible for this type of improvement in order
to facilitate the proposed project. He then recommended that
the Commission take a real strong look at what it would cost
the citizens of Orange to develop the proposed property.
Cecil Pumphrey, 1422 East Chilean Avenue, addressed the
Commission and requested that the zoning remain R-1. He
stated the homeowners would take whatever legal steps neces-
sary if there was a recommendation by the Commission for a
change in the zoning and that this legal action would be
in the best interests of the citizens of Orange. He then
stated he understood any changes would devalue the price of
the homeowners' property anywhere from $15,000 to $30,000
each. Mr. Pumphrey asked Commissioner Hart if more taxes
would be incurred with the adoption of the proposed plan.
Commissioner Hart stated that ta~~es were r_ot a consideration
in the decision of the Commission.
John Holmes, 957 Fairway Drive, addressed the Commission to
mention that the golf course is full of gopher holes which
run under the homes of the residents and that if any water
gets out of line in the proposed project, it will wash and
take the soil away from the area of the proposed green belt
site. He stated that water would get into the irrigation
lines and flood Fairway Drive at the area of the green belt
and wanted the Commission to consider this possibility.
James Everhart, 446 South Tustin, addressed the Commission
and was concerned if Mrs. Beldon was still the legal owner
of the property. Commissioner Hart stated that his staff
report reflected that Mrs. Beldon is the owner now of the
property. Mr. Everhart had understood that Mrs. Beldon is
now deceased. Mr. Everhart retracted his statement once it
was clarified by Mrs. Beldon that her mother-in-law had died.
Mr. Everhart then inquired again of the Commission who the
actual owner of the property is at present. A discussion
between Commissioner Hart and Mr. Everhart resulted
in Commissioner Hart stating that this inquiry was not rele-
vant to the subject matter since Commissioner Hart had already
informed i~r. Everhart that Mrs. Beldon was the legal owner
pursuant to the Commission's staff report. Commissioner
Hart then explained that if the proposal were to be accepted
by the Commission, he assumed that the petitioner, Mr. Jess
Frost, would be the new owner. Mr. Everhart was concerned
Planning Commission Minutes
December 12, 1983
Page Eight
that many individuals could be making a large profit from
the development of the proposed plan that would be to the
detriment of the homeowners and wanted the Commission to
take this factor into account before making its decision.
Robert Mace, 1102 Rosewood Avenue, addressed the Commission
advising that he understood several million dollars were
going to be spent on Tustin Avenue north of Katella so that
the shopping center would be more available to the people
of Orange. Mr. Mace inquired of the Commission if anything
was going to be done about the South Tustin area.
Commissioner Hart explained that the proposed $96 million
is not City funds but that it is bond money to be repaid
by the developer. Commissioner Hart then asked Mr. Gary
Johnson, City Engineer, to address the meeting and explain
what plans, if any, there were for the South end of Tustin.
Mr. Gary Johnson, City Engineer, addressed the meeting and
explained that the redevelopment funds are not presently
envisioned for the subject area and that most of the money
would be spent to improve traffic flow and signalization
along Tustin and that these funds would probably be from
gas tax money. Mr. Johnson stated that at present there
wasn't a proposed project to improve anything along the
South end of Tustin.
Mr. Mace then stated his concerns about the traffic conges-
tion in getting to the Orange Mall; he asked if the Corps
of Engineers has approved a plan for the flood control.
Mr. Gary Johnson answered Mr. Peace's question by explaining
that what the corps of engineers is doing is reviewing the
proposal by the Orange County Flood Control District for funds
to improve both the Santiago River and the Santiago Creek
flood potential. He explained that until that money is
available, there will be no improvements along the Creek,
that the Flood Control District will administer any private
projects that might occur along the Creek, and that the
corps of engineers will review any changes in concept for
such improvements to make sure such change is in accordance
with the standards of the City Engineers. Mr. Johnson
explained that the requirement to improve the channel to
21,000 cubic feet per second is in keeping with the corps
of engineers' requirements.
Mr. Mace then inquired of the Commission if the City of
Orange has subscribed yet to the National Flood Insurance
Program.
Mr. Gary Johnson answered Mr. Mace's question by explaining
that the City of Orange was not a member of the flood insur-
ance program and that federally subsidized insurance programs
Planning Commission Minutes
December 12, 193
Page Nine
were only available to those agencies who are members.
He stated that there were unsubsidized insurance policies
available to citizens of Orange and that some citizens
have taken out such insurance at probably higher rates
than that of the federally subsidized rates. Mr. Johnson
offered to give Mr. Mace the names of such citizens who
received this type of insurance if Mr. Mace were interested.
Mr. Mace said he would like to receive such information and
asked why the City of Orange has not subscribed to this
type of flood insurance.
Mr. Gary Johnson responded to Mr. Mace's question by explaining
that there was a feeling that an encumbrance is created by
the various zones shown on the flood control map. He explained
that the mandatory aspect of the insurance program is thought
to be one that takes people's rights. He explained that if
the B-zone could be stricken from the maps, thereby eliminating
some of the implied encumbrance on the parcels which are in
that zone, that the Counsel would join the flood insurance
program. He explained that Congressman Danemeyer is assisting
the City of Orange in attempting to strike such encumbrances.
Mr. Mace then inquired of the Commission about the undeveloped
area proposed by the plan and the reason for the developers'
restriction of the channel at certain points. He asked if
the developer could address the Commission and explain about
the easement in the lower section of the plan.
Mr. Gil Martinez addressed the Commission and explained that
all of the landowners that are contiguous to the property
on the South and North boundaries would be given the use of
ten additional feet of land for the use of fencing, tree
pruning, etc. and that the developer would pay the taxes
on this additional property provided to the homeowners.
Commissioner Hart inquired of Mr. Martinez if this payment
of taxes was an offer made to the homeowners' association
at the time the developers met with the group.
Mr. Martinez answered Commissioner Hart's inquiry by stating
that it was an offer that was made last week to the group.
Commissioner Hart then stated that the homeowners group then
were aware of this offer prior to the present public hearing
and Mr. Martinez reiterated that there was prior knowledge
but that there may have been a little confusion.
John Holmes addressed the Commission again, directing his
comments to City Engineer Gary Johnson explaining that
Mr. Holmes has applied for the homeowners' flood insurance
and that the premium would be $35 to $45 per month if the
insurance is made available.
Planning Commission Minutes
December 12, 1983
Page Ten
Commissioner Hart asked if anyone else would like to
address the meeting and since there were no others,
Commissioner Hart declared the public hearing closed.
Commissioner Hart then called for some discussion by
the Commissioners.
Commissioner Vasquez addressed the meeting and asked
City Engineer Gary Johnson to elaborate on the questions
raised about the bridge and the plans for it.
Gary Johnson responded to Commissioner Vasquez and explained
that the west side of the bridge has not been widened at
present. He explained that as a part of the street improve-
ment requirement, the bridge would be a part of such improve-
ments. He explained that the City has applied to the County
to widen the bridge under the County's bridge widening program,
that the County has considered the bridge, and is presently
making a report on the issue now to determine the factors
involved in widening the bridge on the west side. He
explained that he felt the City should not be responsible
for widening the bridge because the area of concern is a
regional flood control facility which would normally be
taken care of by the Flood Control District's bridge funds
or, in this case, private development. He explained that
there is still a chance that the County would fund this
bridge widening and that in the absence of those funds,
the City looks at the funding as a requirement of the
development of the subject property.
Commissioner Vasquez asked Gary Johnson if he had any
estimates as to the cost of improvements and Mr. Johnson
said he did not have accurate figures at present and would
determine the cost and advise the Commission once he received
the County's report.
Commissioner Vasquez then asked Gary Johnson about the issue
of the sewage in the proposed plan. Mr. Johnson explained
that the letter made reference to by Mr. Wayne Spring was
Mr. Johnson's reaction to the E.I.R. and that the Tustin
sewer has capacity as a trunk sewer and that there would
be need for a pump. He explained that the City would not
look favorably at a pumping system but that an offsite
upgrading of the facilities would be required. IIe stated
that it was possible to sewer the property, however, there
may be added costs due to the offsite work that is necessary.
Commissioner Mason then addressed the meeting with a question
about the volume capacity analysis that was done pertaining
to the 420 units proposed. She inquired about the level of
service, the maximum urban design "D", and the projected "D"
design for the La Veta/Tustin Avenue area. Commissioner Mason
inquired as to whether this still pertains to the 350 units
now proposed by the developer at Tustin Avenue and the Garden
Grove Freeway. Commissioner Mason stated that at present the
Planning Commission Minutes
December 12, 1983
Page Eleven
congestion is just about at capacity and inquired as to how
the figures would change.
Mr.Elfend then addressed the Commission and introduced his
traffic engineer, Mr. Paul Wilkerson, to respond to Commis-
sioner Mason's inquiry.
Paul Wilkerson then addressed the Commission and explained
that on page 43 of the E.I.R. a projected level service
decondition would be in effect during the a.m. peek hour
for both locations with the project if the street improve-
ments which exist now were left alone. He explained that
the street widening would be conditioned to the project
for an additional 22' of pavement width at a maximum for
the bridge widening. He stated that whether the County
pays for the widening or whether the applicant pays for
it is still a matter to be resolved, He explained that
the widening along the frontage and the potential widening
of the bridge would improve the service level at both of
the proposed locations due to the added traffic lane permitted
by the improvements. He stated that the street would then
become a six lane street and the traffic congestion would be
greatly improved.
Commissioner Hart then asked if there were any other questions
by the Commissioners and Commissioner Vasquez inquired of
Mr. Gary Johnson of the flood control alternative and whether
he could elaborate for the Commission on this issue.
Mr. Gary Johnson responded to Commissioner Vasquez by explaining
that in order to have any meaningful capacity for a holding
basin for flood control or water reclamation use, it would be
necessary to utilize the entire site due to the steepness of
the slopes in the pit and side slopes. He stated he did not
think there was any feasability in utilizing this area as a
retarding basin. He explained that the Flood Control District
is acquiring properties upstream in the area bounded by Katella
on the north, Villa Park Road on the north, Prospect on the west,
and the extension of Spring which generally are Conrock holdings.
He explained that the problem of reclamating those pits in that
area makes the value of the pits a great deal more valuable
for flood control than it does for development. He stated he
thought that area was where the retarding facilities should be
built and that that was what the .Flood Control District was
planning on. He stated that those facilites would be adequate
for the topping off proposal.
Commissioner Hart then asked if the Commission was ready for
a motion.
Planning Commission Minutes
December 12, 1983
Page Twelve
Moved by Commissioner Master that the Planning Commission
accept the Environmental Impact Report 83-A as being
certified as having been completed in compliance with
the California Environmental Quality Act and the State
and local guidelines for implementation of the Act; and
that the Planning Commission finds that because of miti-
gating measures outlined and those addressed in other
hearings in the E.I.R. which would be required of the
project to mitigate the impact of the project, the
Planning Commission finds the Project will not have
a significant adverse impact on the environment.
Commissioner Hart then requests that Commission Secretary
Jere Murphy explain the significance of the environmental
impact and whether the project itself_ is acceptable.
Mr. Jere Murphy addressed the Commission and explained
that the E.I.R. is an informational document anc? not a
part of the application requiring action to approve or
deny.
Commissioner Hart then asks for a second to Commissioner
Master's Motion that the Planning Commission accept
the Environmental Impact Report, seconded by Commissioner
Greek.
AYES: Commissioner Hart, Greek, Mason, Master and Vasquez.
NOES: Commissioners none
ABSENT: Commissioners none
D'i0TI0N CARRIED
IN RE: LAND USE ELEMENT 2-83A
Commissioner Master addressed the meeting regarding the
GPA and the zone change. He stated that he had some dif-
ficulty with the requested zone change and the plan amend-
ment with reference to the higher density to be used.
He stated that single family residential, as much as it
is probably most compliant to the adjacent property develop-
ment, particularly north of the Creek, is a bit inappropriate
for the type of area involved. He stated he would rather
see something more toward multiple family in the sense of
a planned unit development as the staff has recommended.
He stated that it was appropriate in the R-D-6 which is
a residential duplex district wherein the developer could
come in with a plan unit development to provide some of
the amenities we see here in the way of green belting
and that would be more of the ownership concept. He stated
that as Mr. Gil Martinez pointed out, the Irvine area is
replete with areas that were developed similarly and that
homeowners' associations due effectively control the activities
in those areas. He stated he is inclined to go along with
the R-D-6, and for this reason, he recommended denial without
prejudice of the Application for the Rezoning, General Plan
Planning Commission Minutes
December 12, 1983
Page Thirteen
Amendment 2-83A, Zone Change 1009.
Moved by Commissioner Master, seconded by Commissioner Vasquez,
to deny without prejudice the Application for Rezoning, General
Plan Amendment - Land Use Element 2-83A, Zone Change 1009.
Commissioner Hart then asked for discussion on the motion.
Commissioner Greek then addressed the meeting and stated
he was in agreement with the motion and that he was concerned
with the area to the west to be utilized in the density con-
sideration. He explained that if an owner or a developer
comes back with a different plan, one cannot leave one area
for open space and count it into the density; he stated that
density concerned itself with the development of the area
utilized and that it should be the entire area to be utilized.
He stated that if there is an area which is not going to be
used, then the developer should not get credit for it.
Commissioner Master then addressed the meeting and stated
that in the R-D-6, there would be an approximate 10.9
unit/acre yield of the actual utilization area. He stated
he would be inclined to go along with the 10-11 unit/acre
figure.
Commissioner Hart addressed the meeting and stated he
agreed with Commissioner Greek that the undeveloped area
should not be included in the density. He stated that at
the first heavy rains, the improvements in that area would
all be washed out and that whatever was credited as green
area would no longer be green area but a rocky, boulder
strewn creek bed. He stated he believed as Commissioner
Master suggested that if the creek bed is going to be
improved, some consideration must be given to the denssty
more than the R-1-7. Commissioner Hart supported the
motion by Commissioner Master to deny the proposed plan.
AYES: Commissioner Hart, Greek, Mason, Master and Vasquez
NOES: Commissioner none
ABSENT: Commissioners none
MOTION CARRIED
Commissioner Hart explained that the recommendation of
the Planning Commission to deny the Application for
Rezoning, General Plan Amendment - Land Use Element 2-83A,
Zone Change 1009 will be considered by the City Council
and that the public will be notified in the same manner
as they were notified of the present meeting.
IN RE: ADJOURNMENT
The meeting was adjourned at 9:10 P.M.