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Planning commission approves variance for 20-foot sports netting near Tustin High School
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Summary
The Test and Planning Commission approved Resolution No. 4539 (BAR2025-0002) to allow a 20-foot sports netting system on the rear wall of a townhome project at 13751 and 13841 Red Hill Avenue to shield the homes from stray baseballs; the action passed 4-0-1 and includes maintenance requirements in the CC&Rs.
The Test and Planning Commission voted 4-0-1 to approve a variance allowing a 20-foot sports netting system along the rear wall of the Compass at Red Hill townhome project at 13751 and 13841 Red Hill Avenue, citing protection of the new homes from stray baseballs from the adjacent Tustin High School baseball field.
Jonathan Kwan of CSG Consultants, the project presenter, told the commission the request (BAR2025-0002) asks the commission to authorize a netting installation that would exceed the Tustin City code maximum height for rear guard walls (6 feet 8 inches). "The requested increase in height is unlikely to pose a visual impact to surrounding properties based on the rendering," Kwan said, adding that the sports netting would be limited to a roughly 360-linear-foot section of the rear wall and would sit behind newly built townhomes that reach about 37 feet, which staff argued would screen the netting from most public views.
Staff recommended approval and said the project is categorically exempt from the California Environmental Quality Act under CEQA Guidelines section 15303 (Class 3—small structures), because the variance does not add units or intensify the approved use and is limited to construction of the protective netting.
Commissioners asked how damaged or sagging netting would be handled. One commissioner raised concerns that nets can develop holes and become an eyesore and asked if there are objective maintenance criteria; staff said ongoing maintenance language will be required in the project's CC&Rs and that staff will work with the applicant on the specific maintenance provisions. A staff speaker characterized any indemnity or repair obligation arising from damage caused by the school’s baseballs as a property-to-property civil matter between the applicant and the school district rather than a regulatory action for the commission.
A motion to approve the variance was made and seconded, and a roll-call vote recorded four votes in favor with one commissioner excused; the resolution approving BAR2025-0002 (Res. No. 4539) was adopted. The commission also approved the meeting minutes from Jan. 27, 2026, on the consent calendar by the same vote count.
The commission directed that maintenance requirements be included in the CC&Rs and indicated staff will review the CC&R language when it is submitted. The Community Development Director reported no other updates and the meeting adjourned at 6:13 p.m.
