PC Minutes-2005-10-1102400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493- 1053 FAX
(949) 493- 1 17 1
MWM' satyiranctrprstratio. org
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, OCTOBER 11,2005
L
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Chairman Neely
at 7:OO p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Tim Neely, Chairman
Robert Cardoza, Vice Chairman (Arrived 720 p.m.)
Sheldon Cohen
Joe Drey
Gene Ratcliffe
Commissioners Absent: None
Staff members in attendance: Molly Bogh, Planning Director; Omar Sandoval,
Deputy City Attorney; William Ramsey, Principal Planner; Sam Shoucair, Senior
Engineer; David Contreras, Associate Planner; Sue McCullough, Recording
Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF
SEPTEMBER 13,2005.
Minutes September 13, 2005: Commissioner Ratcliffe moved approval, seconded
by Commissioner Cohen, of the minutes of September 13, 2005. The motion
passed by a vote of 4-0.
San Juan Capistrano: Preserving the Past to Enhance the Future
4B t3 PrlnlPd "^ .Pr"rlad ril-or
PC Meeting 2 October 11,2005
PUBLIC HEARINGS
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I. CONTINUED CONSIDERATION OF REZONE 03-05, MISSION HILL-
MISSION FLATS NEIGHBORHOODS. A PROPOSED ZONING ORDINANCE
AMENDMENT ESTABLISHING THE MRD-4,000 ZONING DISTRICT AND A
ZONING MAP AMENDMENT REZONING THE 27.4 ACRE MISSION HILL-
MISSION FLATS PLANNING AREA TO THE “MRD-4,000” (MISSION
RESIDENTIAL DISTRICT-4,OOO SF LOT MINIMUM) ZONE DISTRICT
(APPLICANT: CITY OF SAN JUAN CAPISTRANO).
Written Communications
October 11 , 2005
Staff presentation & recommendation
Mr. Ramsey presented the staff report as continued consideration of a proposed
zoning ordinance amendment establishing the MRD-4,000 Zoning District and a
zoning map amendment rezoning the 27.4 acre Mission Hill-Mission Flats
Planning Area to the MRD-4,000 Zone District. Three refinements were made to
the ordinance brought before the Planning Commission on September 27, 2005,
to reflect the Commission’s direction.
Staff recommends that the Planning Commission open the item for public hearing
and adopt a resolution recommending City Council approval of:
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1) the proposed amendment to Title 9, Land Use Code establishing the
“MRD-4,000” (Mission Residential District-4,000 sf lot minimum) Zone
District; and,
2) the proposed amendment to the Official Zoning Map rezoning the
Mission Hill-Mission Flats Planning Area from the “RG-4,000 (Residential
Garden-4,000 sf lot minimum)” to the “MRD-4,000” (Mission Residential
District-4,OOO sf lot minimum) Zone District, as shown on Attachment 1,
Planning Commission Resolution 05-1 0-1 1 -x.
Public Hearinq
Tom Entwistle, 31382 Don Juan Avenue, requested that the Commission
recommend adoption of the ordinance.
Commissioner Questions and Comments
Chairman Neely asked how the rezone process will deal with Public Works
making curb and gutter or expanded paving improvements within the rights of
way when inconsistent with properties not developed to current standards. Mr.
Ramsey said the design standard within the ordinance discourages provision of
curb and sidewalk to maintain the historic character of the neighborhood. The
Commission would have input on new construction which would require public
improvement plans. Engineering and Building does not require full frontage
improvements during single family building review on individual lots. b
PC Meeting 3 October 11, 2005
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Commissioner Cohen suggested preamble wording that public improvement shall
be consistent with the historic character, and require that it be subject to review
of DRC or Planning Commission.
Chairman Neely asked for clarification of the Engineering Department’s policy
with respect to public improvements on building permit plans that have got
substandard improvements within the right of way based on historic
development. Mr. Shoucair said it is usually case-by-case and the neighbors
sometimes ask to have additional parking on narrow streets, or catchments near
hillsides.
Chairman Neely said it is important to maintain the rural character of the
neighborhood.
Ms. Bogh suggested the following revised wording on page 12 Section C (4):
Street improvements should match existing improvements in the area in order to
maintain the existing rural character of the neighborhood. Public sidewalks, curb,
and gutter within the right-of-way will not be required except as needed for
drainage or public safety. Concrete curb and gutter will not be required except
where deemed necessary by the City Engineer.
Mr. Sandoval suggested asking the public for input regarding the change to C(4).
Chairman Neely reopened the Public Hearing.
Public Hearing
Angela Duzich, 31372 Don Juan Avenue, said that street widening on one
property that required right-of-way improvements were needed because it was a
sloping property and the slope came 10 to 15 feet over the right-of-way on a
narrow portion of the street.
Mr. Shoucair asked that the word “concrete” be added to the additional language.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to approve
Resolution 05-1 0-1 1-1 recommended approval of a Negative Declaration,
incorporating revised wording to Section C(4) and maintaining the rural character
of the neighborhood, recommending approval of a Zoning Ordinance text
amendment establishing the “MRD-4,000” Zone District, and recommending
approval of a Zoning Map Amendment rezoning the Mission Hill-Mission Flats
Planning Area, a 27.4 acre area bordered by La Zanja Street to the north, 1-5 to
the east, Acjachema to the south and El Camino Real to the west, to the “MRD-
4,000” Zone District (Mission Hill-Mission Flats).
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman
Cardoza, Chairman Neely
NOES: None
PC Meeting 4 October 11,2005
ABSENT: None
ABSTAIN: None
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The motion passed by a vote of 5-0.
NEW BUSINESS
1. TREE REMOVAL PERMIT (TRP) 05-129, RIO VISTA HOMES
COMMUNITY. AN APPLICATION TO REMOVE TWO (2) WESTERN
SYCAMORE TREES, WITH DIAMETERS OF THIRTY-FIVE (35) INCHES AND
THIRTY-THREE INCHES AND APPROXIMATE HEIGHTS OF FORTY-FIVE (45)
FEET AND FORTY (40) FEET. THE SUBJECT TREES ARE LOCATED ON THE
SOUTH PORTION OF THE RIO VISTA COMMUNITY PARK, GENERALLY
LOCATED 32 FEET EAST OF ALIPAZ STREET AND 76 FEET SOUTH OF
COMMUNITY).
CALLE RIO VISTA. (APN 649-193-01) (APPLICANT: RIO VISTA HOMES
Written Communications
October 11,2005
Ap pI icant
Rio Vista Homes Community Association, Attn: Fred Gabel, President, 26521
Paseo Belardes, San Juan Capistrano, CA 92675 W
Staff presentation & recommendation
Mr. Contreras presented the staff report as consideration of an application to
remove two (2) Western Sycamore trees, with diameters of approximately thirty
five (35) inches and thirty three (33) inches, located on the south portion of the
Rio Vista Community Park. Staff concurs with the arborist that the trees should
be removed.
Staff recommends that Planning Commission adopt a resolution approving the
removal of the subject trees and requiring the applicant to submit a landscape
plan for review by the Design Review Committee (DRC) for the Community Park
that includes two replacement trees of a California Native variety or a variety
more suited to the planting area, as approved by the Planning Commission.
Commissioner Questions and Comments
Commissioner Cohen asked if the Planning Commission could in the future get a
copy of the Application as an attachment. Mr. Contreras answered yes.
Commissioner Ratcliffe said she appreciated that the applicant is given flexibility
in the choice of replacement trees.
Commissioner Cardoza said he is in favor of the tree removal as soon as
possible as well as replacement trees such as Sycamore trees that conform to
the character of the neighborhood. .-'
PC Meeting 5 October 11, 2005
Public Hearing
Fred Gabel, 26521 Paseo Belardes, President, Rio Vista Homes Community
Association, requested that the Commission recommend removal of the two
trees.
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Motion
Commissioner Cohen moved, seconded by Vice Chairman Cardoza, to approve
Resolution 05-1 0-1 1-2 confirming issuance of a Categorical Exemption and
approving a Tree Removal Permit for two Western Sycamore trees located at the
south portion of the Rio Vista Homes Community Park (APN 649-193-01).
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman
Cardoza, Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a v te of 5-0.
2. TREE REMOVAL PERMIT (TRP) 05-078, LEWIS RESIDENCE AT 3291 1
u AVENIDA DESCANSO. AN APPLICATION TO REMOVE ONE (1) MONTEREY
APPROXIMATE HEIGHT OF FIFTY (50) FEET. THE SUBJECT TREE IS
PINE TREE, WITH A DIAMETER OF THIRTY-FOUR (34) INCHES AND AN
LOCATED IN THE FRONT YARD OF THE EXISTING SINGLE-FAMILY
RESIDENCE, GENERALLY LOCATED SEVEN-HUNDRED FIFTY (750) FEET
AVENIDA DESCANSO. (APN 668-061 -05) (APPLICANT: ELLEN LEWIS).
SOUTH OF CAMINO DEL AVION AND TWENTY (20) FEET WEST OF
Written Communications
October 11, 2005
Ap p I ica nt
Ellen Lewis, 3291 1 Avenida Descanso, San Juan Capistrano, CA 92675
Staff presentation & recommendation
Mr. Contreras presented the staff report, recommending denial of the application.
He stated that after staffs field inspection, staff requested that the applicant
provide an arborist’s report because the tree appeared healthy and structurally
sound, and was not causing property damage. Based on staffs two field
inspections and the failure of the applicant to provide a certified arborist report,
staff recommends that the Planning Commission adopt a resolution denying the
removal of the Monterey Pine tree, based on the findings required by Section 9-
2.349 of the Land Use Code.
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PC Meeting 6 October 11, 2005
After the staff reports were distributed to the Commission, a fax supporting Mrs.
Lewis’ request was received from Caroline Nash, 32906 Avenida Descanso. L’
Motion
Commissioner Cohen moved, seconded by Vice Chairman Drey, to approve
Resolution 05-10-1 1-3 denying a tree removal permit for one Monterey Pine tree
located at 3291 1 Avenida Descanso (APN 668-061-05).
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman
Cardoza, Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 5-0.
Vice Chairman Cardoza said that there are groundcovers and plantings that will
grow under pine trees.
Commissioner Ratcliffe said that the term “dieback” does not apply to evergreens
such as pine trees where the previous cycle of needles accumulate in the thick
canopy. b
3. DISCUSSION AND INPUT FROM PLANNING COMMISSION ON THE
CITY’S 2005-2006 CAPITAL IMPROVEMENT PROGRAM.
Written Communications
October 11,2005
Staff presentation & recommendation
Ms. Bogh presented the staff report as discussion on the City’s 2006-2013
Cap it a I Imp rove men t Program .
Staff recommends that the Planning Commission discuss and provide input to
staff on projects for inclusion in the 2006-2013 Capital Improvement Program.
Commissioner Questions and Comments
Commissioner Ratcliffe . asked for clarification on the distribution of funds
available for categories of projects. Ms. Bogh said there is a formula of points
based on readiness of the project, funding availability for the project, need for the
project, possible hazards if the project doesn’t get built, and other criteria, as well
as separate Master Plans prioritizing projects.
PC Meeting 7 October 11, 2005
Commissioner Ratcliffe asked if a bus bench shelter will be installed for clients of
the Family Health Center. Ms. Bogh said that bus shelter locations are based
upon ridership counts at each bus stop, and the comment will be passed along. bd
Chairman Neely said a number of Capital Improvement Projects (CIP) would
benefit by involvement of the DRC or Planning Commission, such as 122, Del
Obispo Bridge Widening; 125, Los Rios Parking Lot; 134 Ortega Highway
Widening; 136, El Camino Real @ Don Juan Retaining Wall; 141, Ortega
Highway @ 1-5 Interchange; TCRP 28/32 La Novia Bridge Widening; TCRP 31,
San Juan Creek Road Widening, Valle Rd. to Camino Capistrano; and TCRP 42,
San Juan Creek Road Widening, La Novia to Santo Domingo.
Chairman Neely asked about Ortega Highway widening eastward of 1-5 to the
City limits. Ms. Bogh said that that is a Caltrans project not being funded by the
City’s CIP and City staff will track the project as a long-range project. Chairman
Neely asked that this come before the Planning Commission before going to City
Council.
Vice Chairman Cardoza said the Engineering solutions for capital projects need
to retain the rural quality, and asked if other items should be eliminated from this
other than the San Juan Creek Road Southside Sidewalk on page 3, which was
eliminated recently by the City Council. Ms. Bogh said this is last year’s list and
will be updated as a result of input into next year’s CIP.
COMMISSION/STAFF COMMENTS
Mr. Sandoval reported on tree trimming provisions as a result of questions at the
September 27, 2005 Planning Commission, and said that the City has adopted
specific requirements for tree trimming and prohibits severe tree trimming. The
business licensing regulations for the City are for financial tax revenue purposes,
not for regulation. The City can still send businesses copies of the regulations.
The tree trimming regulations have a nuisance abatement provision and
summary abatement provision. If the City Code Enforcement Officer finds that
someone is severely trimming a tree in violation of the ordinance they can
immediately issue a Stop Work Order and require the property owner to
remediate or replace the tree. The City has the authority to replace the tree and
lien the property for cost recovery. These actions could be appealed to the
Planning Commission.
Chairman Neely asked if “lollypopping” could be pursued via noncompliance with
provisions of projects or as a basis for a nuisance. Mr. Sandoval said a Notice of
Revocation of Permit could come before the Planning Commission if the Permit
prohibited lollypopping. Because of due process concerns that arise when taking
away of property rights, revocation proceedings would be close to a trial to
successfully adopt the findings required and impose an enforceable revocation
order. If the City Council authorizes the City Attorney to do so, a nuisance
abatement action could be brought as well.
PC Meeting 8 October 11, 2005
Commissioner Ratcliffe asked if a warning could be issued without prejudicing
later action. Mr. Sandoval said that without follow through of warning shots,
people may not comply and credibility is lost.
Chairman Neely asked if the tree ordinance can be amended to prevent
“lollypopping”. Mr. Sandoval said that could be added as part of tree preservation
and agendized as a Zoning Code amendment at a future Planning Commission
meeting. Commissioners concurred with bringing the item back.
Vice Chairman Cardoza suggested increasing public awareness by publishing
articles regarding proper pruning practices.
Chairman Neely suggested agendizing a civil citation process. Mr. Sandoval said
most of the cities that have adopted that practice have hired retired judges to sit
as review bodies, which is costly.
Commissioner Drey requested an update on the non-permitted tree removals at
Franciscan Plaza and the Stroscher property. Ms. Bogh said the new Franciscan
Plaza owners had demonstrated that there was a previous City approval to allow
them to remove the trees. The type of replacement tree was brought to DRC,
which suggested five or six different varieties.
Commissioner Ratcliffe referred to secondary development units on page 6 of
Exhibit A of Item F.1, and asked if the State trumps the City in the case of
secondary dwelling units. Ms. Bogh said the ordinance complies with state law by
allowing second units on 6,000 ft lots in that district.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 8:45 p.m. to a special meeting on October 24, 2005 at 7:OO p.m. for
a joint workshop with City Council on long-range planning issues.
Respectfully submitted, *w
MollyMog h u
Planning Director
Ism
ROVED