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PC Minutes-2005-01-112400 PASEO ADELANTO -AN JUAN CAPISTRANO, CA 92675 (949) 493 1 17 1 (949) 493- 1053 FAX w. sanjuancapistrano. org MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYAlT HART JOE SOT0 DAVID M SWERDLIN MINUTES OF THE MEETING OF THE PLANNING COM MI SSl ON TUESDAY, JANUARY 11,2005 CALL TO ORDER The meeting of the Planning Commission was called to order by Chairman Neely at 7:06 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL: L Commissioners Present: Tim Neely, Chairman Robert Cardoza, Vice Chairman Sheldon Cohen Joe Drey Gene Ratcliffe Commissioners Absent: none Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney; Larry Lawrence, Consulting Project Manager; William Cunningham, Contract Staff; Sam Shoucair, Senior Engineer; David Contreras, Assistant Planner; Alan Oswald, Transportation Engineer; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR Minutes November 9, 2004 and November 23, 2004: Commissioner Cohen moved approval, seconded by Commissioner Cardoza, of the Minutes of November 9, 2004 and November 23,2004, and the motion passed by a vote of 5-0. San Juan Capistrano: Preserving the Past to Enhance the Future PC Meeting 2 January 1 1,2005 PUBLIC HEARINGS I. GRADING PLAN MODIFICATION (GPM) 04-04, MCMAHON RESIDENCE: A REQUEST FOR APPROVAL OF A GRADING PLAN MODIFICATION TO PERMIT GRADING FOR A SINGLE FAMILY RESIDENCE AND ACCESSORY STRUCTURES ON A 2.6 ACRE PARCEL, GENERALLY LOCATED 900 FEET NORTH OF PASEO CARDER0 AND 240 FEET EAST OF PASEO ALTREVIDA AT 30302 MALASPINA ROAD, ALSO REFERRED TO AS APN 650-161-1 1 Written Communications Staff report dated January 11,2005 Owner Bill McMahon, 11021 Calle Sombra, #A, San Clemente, CA 92673 Applicant Construction Technicians, Inc. Attn: Scott Phelps, 27 Mauchly, #207, Imine, CA 92618 EnaineerIArch itect Vandenberg Civil Consulting, 31 582 Railroad Canyon Rd., Canyon Lake, CA 92587 Staff presentation & recommendation Mr. Contreras presented the staff report as a request to grade an existing lot and construct tiered retaining walls to create a building pad for a custom single-family residence on a 2.6 acre lot, located at 30302 Malaspina Road. The proposed retaining walls are proposed to be screened with heavy landscaping. u Staff recommends that the Planning Commission adopt the resolution approving a Negative Declaration and conditionally approving Grading Plan Modifications 04-04. Public Hearing Bill McMahon, property owner, said that he had worked diligently with staff to meet City design guidelines and standards, and provide consistency with other homes within the private gated 12-home community. Commissioner Questions and Comments Chairman Neely suggested amending Condition 16 regarding landscape Installation prior to certificate of use and occupancy. Ms. Bogh suggested adding a new Condition f6 “A final landscape plan shall be submitted to the Planning Department for review and approval by the Design Review Committee (DRC) prior to issuance of a building permit. Plant materials for slope areas shall incorporate native and drought resistant plantings.” Motion Commissioner Drey moved, seconded by Commissioner Ratcliffe, to approve the Resolution No. 05-1-1 1-1 adopting a Mitigated Negative Declaration and approving a grading plan modification for Tract 9184, Lot 8 for a proposed single-family home L PC Meeting 3 January 1 1,2005 located at 30302 Malaspina Road (APN 650-1 61 -1 I ; McMahon), subject to the following L revisions: Insertion of Condition 16 “A final landscape plan shall be submitted to the Planning Department for review and approval by the Design Review Committee (DRC) prior to issuance of a building permit. Plant materials on slope areas shall incorporate native and drought resistant plantings.” Renumber the remaining conditions. AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely NOES: None ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. 2. TREE REMOVAL PERMIT (TPM) 04-171, ORTEGA RANCH. TREE REMOVAL REQUEST ON APPROXIMATELY 18 ACRES OF LAND ON THE WEST SIDE OF RANCHO VIEJO ROAD AND NORTH OF ORTEGA HIGHWAY; ASSESSORS PARCEL NUMBERS 650-142-04, 650-151-1 1 AND 650-141-22, ORTEGA RANCH ,u BUSINESS PARK Written Communications Staff report dated January 11,2005 Proiect Proponents Applicant Phillip Schwartze, The PRS Group, 31682 El Camino Real, San Juan Capistrano, CA 92675 Applicant Ortega Ranch, LLC, 3 Park Plaza, Suite 1490, Irvine, CA 92614 Landscape Architect Ware Malcomb, 181 11 Von Karman, Suite 600, Irvine, CA 92712 Staff presentation & recommendation Mr. Cunningham presented the staff report, stating this is an application for a tree removal permit for the Ortega Ranch office park project, approved in November 2004. Staff has worked closely with the applicant to identify all of the trees on site and attempted to salvage as many trees as possible. Out of the 229 trees on site, there are only five trees that are 24l or greater in diameter that are proposed to be removed. Staff i/ PC Meeting 4 Januarv I I, 2005 suggested removal of an additional eight trees identified in the arborist report as “dead or dying” which were adjacent to the freeway right-of-way or in the northern open space area. Some additional trees have since been identified that the Applicant plans to address at this meeting. The final revised landscaping plan for this project is pending before the DRC. Staff recommends that the Planning Commission move to adopt the resolution approving the Tree Removal Permit application, with the additional dead or dying trees as recommended by staff based on the arborist report. Commissioner Questions and Comments Commissioner Cardoza asked for confirmation that since there is not going to be a sidewalk along Rancho Viejo Road that those trees would be preserved. Mr. Cunningham said that those trees are being preserved. Public Hearing Jim Ridge, Ridge Landscape Architects, 8841 Research Drive, Irvine, representing the applicant, stated his request to add the following tree numbers as identified in the arborist report to the removal permit list: 68, 69, 74, 75, 79, 80, 81, 83, 84, 85, 86, and 87. Commissioner Questions and Comments Commissioner Cohen asked how many trees would be retained. Mr. Ridge said that 12 additional trees would be removed. Chairman Neely asked if the existing Washingtonia palms would be transplanted or incorporated into the ultimate landscape scheme. Mr. Ridge said that the proposed plant palette had no exotic trees. Commissioner Cardoza asked how many trees would be relocated. Mr. Ridge said that all trees indicated to be removed would not be transplanted. Commissioner Cardoza asked if any Jacaranda trees on the site are of specimen quality. Mr. Ridge said that none of the Jacaranda trees were A++ and due to the expense of transplanting, that no trees would be relocated. Commissioner Cardoza asked if any areas would be non- disturbed by grading. Mr. Ridge said that non-disturbed areas would include Rancho Viejo Road, Horno Creek, and the Cemetery. Commissioner Cardoza asked if the Washingtonias and Queen palms somewhat clustered together would be preserved. Mr. Ridge said that he would check the location and those trees would be retained if they were not in an area proposed for grading. Commissioner Cohen suggested deferring a decision on tree removal until the DRC looks at the landscape plan. Ms. Bogh recommended the following: 0 Add the following language to Condition 2: “The Applicant shall retain or relocate existing trees on site to the extent permitted by the grading plan and shall install replacement trees in accordance with the final landscape plan as approved by the DRC prior to issuance of a grading permit.” PC Meeting 5 January 1 1,2005 L Clarify in Condition 1 the additional eight trees identified “as dead or dying trees” on the tree removal exhibit. Mr. Cunningham suggested adding an additional Condition identifying the additional 12 trees to be removed that are all less than 24” in diameter. Motion Commissioner Cohen moved, seconded by Commissioner Cardoza, to approve the Resolution No. 05-01-1 1-2 confirming issuance of a Categorical Exemption and approving a Tree Removal Permit for trees located within Ortega Ranch Business Park, with the following Conditions: Add the following language to Condition 2: “The Applicant shall retain or relocate existing trees on site to the extent permitted by the grading plan and shall install replacement trees in accordance with the final landscape plan as approved by the DRC prior to issuance of a grading permit.” Revise Condition 1 to include the additional eight trees identified “as dead or dying trees” on the tree removal exhibit. Include the additional 12 trees requested by the applicant that are less than 24” in diameter on the tree removal permit. AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe and Chairman Neely NOES: None ABSENT: None \v ABSTAIN: None This motion passed unanimously by a vote of 5-0. 3. REZONE (RZ) 04-03. ARCHITECTURAL CONTROL (AC) 04-07, TENTATIVE TRACT MAP (TTM) 16628, AND ZONING EXCEPTION, ZION-VISTA SAN JUAN; APPLICATIONS FOR THE DEVELOPMENT OF APPROXIMATELY 70,000 GROSS SQUARE FEET (GSF) OF A MEDICAL AND PROFESSIONAL OFFICE ON THE EAST SIDE OF RANCHO VIEJO ROAD AND NORTH OF SPOTTED BULL LANE, APN #650-011-34 AND 39 Written Communications Staff report dated January 1 I, 2005 Proiect ProDonents Applicant - Propertv Owner Zion Enterprises LLC, 901 Calle Amanecer, Suite 160, San Clemente, CA 92673 PC Meeting 6 January 11,2005 Owner’s Representative Phillip Schwartze, The PRS Group, 31682 El Camino Real, San Juan Capistrano, CA 92675 <b Civil Enaineer Thielmann Engineers, 221 South Glassell Street, Orange, CA 92866 Architect J.G. Stouse Constructors Inc., 38770 Sky Canyon Drive, Suite A, Murrieta, CA 92563 Staff presentation & recommendation Mr. Sandoval said that he received a call from Mr. Tom Rogers pertaining to what Mr. Rogers believed would be a conflict of interest for Chairman Neely regarding this project. Mr. Sandoval stated he had reviewed the facts presented by Mr. Rogers and discussed the issue with Mr. Neely, and has determined that Mr. Neely’s employment with Orange County and his role in the processing of the County’s review of the Ranch Plan does not constitute a conflict of interest in terms of his role as Planning Commissioner in reviewing development proposals in San Juan Capistrano. Chairman Neely called for a short recess at 7:42 p.m. to allow the applicant to set up a projector. The meeting was reconvened at 753 p.m. Chairman Neely said that there is a request for continuance of this item by Mr. Bob King. Commissioner Cohen said there is a letter from Mr. King dated January 10 requesting a continuance and a letter from Mr. King dated January 11 requesting that the Commission take action on the matter, and that Mr. King is not at this meeting. The Planning Commission concurred that since the applicant and adjacent residents were present to discuss the item, they would open the public hearing and continue the hearing to a later date to consider Mr. King’s testimony. b Public Hearing Mr. Randy Clark, 29341 Spotted Bull Way, said that Mr. King was unable to be present and would appreciate a continuance. Chairman Neely said that there would be a future opportunity for Mr. King to come before the Commission since there would not be a final action at the January 11, 2005 meeting. Staff presentation & recommendation Mr. Lawrence presented the staff report as a proposed 70,100 square foot medical and professional office project consisting of five buildings on 9.6 acres, located on the east side of Rancho Viejo Road north of Spotted Bull Lane. The application package includes site, landscape, and architectural plans, a rezone to amend the Comprehensive Development Plan (CDP) covering the property, and a tentative tract map to divide the property into five numbered lots and one lettered lot for condominium purposes. The DRC reviewed the project in July, September, and October of 2004. The PC Meeting 7 January 1 1,2005 Transportation Commission reviewed the project on January 5, 2005 and continued to its February 2, 2005 meeting. The Transportation Commission will likely complete its review on February 2 and will forward its recommendations on traffic issues to the Planning Commission and City Council probably at that time. L An extract from the Noise Analysis of the area with and without the project conducted in October 2004 is included in the staff report. Perimeter noise barriers ranging from 6' to 8' high will be required along the residential property line adjacent to the east side of the project site. This would impact existing views from the homes unless it was made of plate glass or Plexiglas. The preliminary grading plan shows grading to lower the northern portion of the site by roughly 20 to 25 feet and to raise the southern portion nearest the entry from Rancho Viejo Road by about 20 feet. The resulting building pads along the boundary with the spotted bull neighborhood would be about 20 to 25 feet below the Spotted Bull lots. Staff recommends that the Planning Commission open the public hearing, take testimony, discuss the project, and take the following actions with respect to this project: 1. Continue the hearing to the regular Planning Commission meeting of February 8, 2005 to allow time for the Transportation Commission to complete its review of the project; and 2. Review and provide direction on the draft conditions of approval as contained in the draft resolution; and 3. Provide direction to staff and the applicant regarding any changes to the project as deemed appropriate by the Planning Commission. Commissioner Questions and Comments Commissioner Cohen asked about the proposed uses for a play area. Mr. Lawrence referred this to the Proponents. Commissioner Cohen asked for copies of the traffic study for the Planning Commission to review. Mr. Lawrence said the traffic study would be provided to the Commissioners. Commissioner Cardoza asked for clarification of the grading differential in elevation between the project and the residential properties. Public Hearinq Phillip Schwartze, 31682 El Camino Real, said that the Applicant requests a four-week continuance to February 8, 2005, to allow for Traffic Commission review, and to allow for the Applicant to meet with the neighbors and associations on January 20. Mr. Schwartze invited Commissioners to take a tour of the site. Mr. Gary Martin, 14 Calle Ave Tuna, San Clemente, principal with Zion Enterprises, gave a PowerPoint presentation describing the proposed project and grading and changes in glazing. In response to questions from Commissioners, he said there would t PC Meeting 8 January 11,2005 be no play area, as shown on a prior plan for the site, and that the property line for the majority of the eastern boundary is between 3 to 6 feet above the elevation of the adjacent existing homes. L Tom Rogers, 29361 Spotted Bull Way, submitted a letter requesting that Chairman Neely recuse himself from this hearing since the County of Orange has approved the Ranch Plan, which has an impact on this project. Mr. Rogers said that the view from his home would be obstructed by an 8-foot wall. Mr. Rogers summarized Mr. Bob King's letter requesting the following: deny the proposed zone change to medical facilities, reduce the project density, preserve the knoll, deny the realignment of Rancho Viejo Road, deny the Negative Declaration and require an EIR for the project. Mr. Rogers spoke of concerns regarding increased traffic, lack of a signal at the Zion entrance, medical waste, and the need for an EIR rather than a Negative Declaration. Jerry Williams, 29716 Woodlake Court, President of the Village of San Juan Homeowners Association, spoke in opposition to the project due to increased traffic, and recommended no zone change, reduction of the density, preservation of the knoll between Zion and Mammoth, and an EIR. Jeff Sewell, 29536 Spotted Bull, spoke in agreement with the two preceding speakers and in opposition to the project due to increased traffic. Liz Elliott, 26801 Lariat Circle, spoke in opposition to the project due to increased traffic. Randy Clark, 29341 Spotted Bull Way, spoke in opposition to the project due to increased traffic and said that an EIR is needed. L George Reiner, 29761 Monarch Drive, President, Capistrano Royale and also representing Stoneridge, spoke in opposition to the project due to increased traffic. Jim Campbell, 29342 Spotted Bull Way, spoke in opposition to the project due to increased traffic, and in support of the letter read by Mr. Rogers. Kenneth J. Michael, 26252 San Castle Court, President of Summerwalk Homeowners Association, spoke in opposition to the project due to increased traffic. Herbert Massereau, spoke regarding his need for security and stated that his home will be subject to noise from the project's parking lot. Richard Stein, 29552 Spotted Bull, spoke in opposition to the project in order for the hillside views to be protected. Commissioner Questions and Comments Commissioner Cohen asked for a copy of the entire Noise Analysis. PC Meeting 9 January 11,2005 L Ms. Bogh asked for the record to reflect that staff was now handing to the Planning Commission copies of the traffic study, the noise study, and the January 10, 2005 letter from Mr. King requesting an Environmental Impact Report (EIR) for the project. Commissioner Cohen asked for an analysis at the next meeting of why an EIR is not required for this project. Commissioner Ratcliffe asked that at the next meeting the DRC comments regarding sewer connection, grading, and traffic flow be addressed. Commissioner Drey asked who would be the watchdog regarding the Avery intersection funds. Commissioner Cohen asked why the DRC took no action on the project. Commissioner Cardoza said that the DRC didn’t have noise attenuation studies. Chairman Neely said there were also unresolved glazing issues. Commissioner Cardoza asked that the overall analysis of traffic impacts along the entire corridor be available at the next meeting. Ms. Bogh said that the Transportation Commission looked at the totality of cumulative impacts along Rancho Viejo Road. Staff was asked to bring back a recommendation on whether or not Highland needed signalization improvement as well as information on J. Serra High School mitigation measures affecting Rancho Viejo Road. b Commissioner Cohen asked for a copy of the staff report prepared for the next Transportation Commission meeting. Chairman Neely reiterated that staff was being asked to provide information regarding a response to the issues raised by Mr. Rogers and others about the adequacy of a Negative Declaration as opposed to an EIR; to provide a traffic analysis evaluating traffic impacts along Rancho Viejo Road from J. Serra to Avery based on all other other projects approved in the area; information regarding funding of the Avery intersection improvements; and a description of the appropriate nexus for this project’s share of off- site traffic mitigations. Motion Commissioner Cohen moved, seconded by Commissioner Drey, to continue to the February 8, 2005 Planning Commission meeting consideration of-RZ 04-03, AC 04-07, TTM 16628 and Zoning Adjustment: Zion - Vista San Juan Office Project, and that staff provide the following information: Traffic Study, Noise Analysis, clarification of the grade differential, funding information for the proposed intersection improvement in Mission Viejo, a description of the appropriate nexus for this project’s share of the mitigations, and an analysis of why an EIR is not required for this project. PC Meeting 10 January 11,2005 AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely b/ NOES: None ABSENT: None ABSTAIN: None This motion passed by a unanimous vote of 5-0. UNFINISHED BUSINESS None. NEW BUSINESS None. COMMISSION/STAFF COMMENTS Ms. Bogh gave the Planning Commission a brief report on emergency actions taken by the city earlier in the day in response to a breach of the channel lining along San Juan Creek channel and other storm-related events. Mr. Lawrence noted for the record that staff was handing Noise Study for the Zion project to the Planning Commissioners. u ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:15 p.m. The next regular meeting is scheduled for Tuesday, January 25, 2005, at 7:OO p.m. in the Council Chambers. Respectfully submitted, *w MollMogh Planning Director fsm