Loading...
PC Minutes-2005-10-2532400PASEOADELANTO (949) 493- 1 171 (949) 493- 1053 FAX -SAN JUAN CAPISTRANO, CA 92675 IVWW sunjuuncupi~truno org MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYAT HART JOE SOT0 DAVID M SWERDLIN MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, OCTOBER 25,2005 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 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; William Cunningham, Contract Planner; Sam Shoucair, Senior Engineer; David Contreras, Associate Planner; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR Chairman Neely separated the two Consent Calendar items for individual consideration. 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF SEPTEMBER 27.2005. i San Juan Capistrano: Preserving the Past to Enhance the Future *-• 0 ,,-... ,. ^.. .n-~,..,oA ..3..nr PC Meeting 2 October 25, 2005 Minutes September 27, 2005: Commissioner Drey moved approval, seconded by Vice Chairman Cardoza, of the minutes of September 27, 2005. The motion passed by a vote of 5-0. ‘U’ 2. CONSIDERATION OF A FINAL RESOLUTION FOR GENERAL PLAN 2005 MEETING, THE PLANNING COMMISSION VOTED TO RECOMMEND CITY COUNCIL APPROVAL OF THE SUBJECT APPLICATIONS WITH REVISIONS. STAFF HAS PREPARED THE DRAFT RESOLUTION TO REFLECT THE COMMISSION’S RECOMMENDATION. (APPLICANT: SAN JUAN GOLF, INC.). AMENDMENT (GPA) 03-02, REZONE (RZ) 04-01 AT THE SEPTEMBER 27, Written Communications Staff report dated October 25, 2005 Staff presentation & recommendation Mr. Ramsey discussed the following language change in the last bullet of Exhibit D in PC Resolution 05-9-27-1 : “conceptual site plans and buffer designs shall be subject to Design Review Committee and Planning Commission review and approval prior to the submission of an Architectural Control application for the s ite . ” Commissioner Questions and Comments Chairman Neely asked if the applicant is amenable to the language change. Mr. Ramsey said the language was a joint solution between staff and the applicant. .U Consideration of a Final Resolution for General Plan Amendment (GPA) 03-02, Rezone (RZ) 04-01: Commissioner Cohen moved approval, seconded by Commissioner Drey, of the Final Resolution for General Plan Amendment (GPA) 03-02, Rezone (RZ) 04-01. The motion passed by a vote of 5-0. PUBLIC HEARINGS 1. ARCHITECTURAL CONTROL (AC) 05-02, TREE REMOVAL PERMIT (TRP) 05-154, ESPLANADE INDUSTRIAL BUILDING AT 33155-33161 CAMINO CAPISTRANO. A REQUEST TO CONSTRUCT A NEW 3,900 SQUARE FOOT INDUSTRIAL BUILDING AND TO REMOVE A TREE IN THE EXISTING ESPLANADE BUSINESS PARK LOCATED ON THE WEST SIDE OF CAMINO CAPISTRANO AND ON THE NORTH SIDE OF AVENIDA AEROPUERTO. TAKEYAMA). (APN: 668-122-04 & 668-291 -01) (APPLICANT: JAN SULLIVAN & DAVID Written Communications Staff report dated October 25, 2005 PC Meeting 3 October 25, 2005 Owner Jan Sullivan & David Takeyama, P.O. Box 1299, Lake Forest, CA 92630-1299 .L' Applicant Phillip R. Schwartze, 31682 El Camino Real, San Juan Capistrano, CA 92675- 2657 Architect Andy Perez & Assoc., 18004 Skypark Circle, Suite 237, Irvine, CA 92614 Staff presentation & recommendation Mr. Cunningham presented the staff report as a request to construct a new 3,900 square foot industrial building in the back of the Esplanade Business Park and said that staff has addressed the following three concerns: 1) a general parking problem in the area - a parking study by Faust and Associates determined that this project would have little effect on the parking operations during Monday through Friday daytime hours. 2) architectural design issues - the applicant responded to DRC suggestions. W 3) tree removal - the applicant responded to the DRC request and limited the number of tree removals to three (3) large Eucalyptus and one (1) California Pepper, with 8 replacement trees at a ratio of 2-to-I. Staff recommends that the replacement trees be four 15 gallon and four 24 inch box trees. Commissioner Questions and Comments Chairman Neely asked for clarification of the trees to be removed. Mr. Cunningham said that the four trees to be removed are in the footprint of the building. Public Hearinq Phil Schwartze said that Andy Perez, the architect, and Eric Strause, the property manager, were present in the audience to answer any questions. Commissioner Comments Vice Chairman Cardoza recommended that Tristania be considered as replacement trees. Chairman Neely suggested a dark green base color and that it come up higher on the building. Mr. Perez said that the applicant could work with staff to change the color. Vice Chairman Cardoza and Chairman Neely said that they would prefer that the color be brought back to the DRC. PC Meeting 4 October 25, 2005 Ms. Bogh suggested the following additional wording to the Conditions of U’ Approval: 1. On page 10 Condition 38.e. .“Final colors shall be submitted to the Design Review Committee for review and approval.” 2. On page 12 Condition 48.b. and on page 9 Condition 38 add “Replacement trees shall be eight Tristania, four 24” box and four 15 g a I lo n . ” 3. On page 13 Condition 48.0. “Vines shall be planted along the rear of building at a size of 1 gallon 10 feet on center. Vines shall consist of Boston Ivy or other approved plant material.” Motion Commissioner Drey moved, seconded by Commissioner Cohen, to adopt Resolution 05-1 0-25-1 approving an Architectural Control and Tree Removal Permit, with additional Conditions of Approval wording suggested above for a proposed new industrial building located at 331 55-33161 Camino Capistrano (Assessors Parcel Numbers 668-1 22-04 & 668-291 -01 ; Esplanade Business Center). AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely u NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. 2. TENTATIVE PARCEL MAP (TPM) 03-142 FORSTER ESTATES: AN APPLICATION TO SUBDIVIDE AN EXISTING 2.2 ACRE PARCEL INTO FOUR RESIDENTIAL LOTS GENERALLY LOCATED ON THE EAST SIDE OF VALLEIFORSTER RANCH ROAD 90 FEET SOUTH OF THE MCCRACKEN CORPORATION). HILL GATED ENTRY. (APN 675-331-02)(APPLICANT: ANVARI ASSOCIATES Written Communications Staff report dated October 25, 2005 Staff presentation & recommendation Mr. Ramsey said there was a change in recommendation since additional information had been submitted by the applicant which was not included in the agenda packet. Staff recommends that the Commission open the Public Hearing PC Meeting 5 October 25, 2005 and continue the item to the next Planning Commission meeting on November 8, '-- 2005. Chairman Neely opened the Public Hearing. Motion Commissioner Cohen moved, seconded by Commissioner Drey, to continue the item to the November 8, 2005 Planning Commission meeting. 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. NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 05-128 AT 26000 AVENIDA u AEROPUERTO: AN APPLICATION TO REMOVE ONE (1) FICUS TREE, WITH A DIAMETER OF FORTY-TWO (42) INCHES AND AN APPROXIMATE HEIGHT OF TWENTY (20) FEET. THE SUBJECT TREE IS LOCATED ADJACENT TO A RESIDENTIAL COACH WITHIN THE CAPISTRANO VALLEY MOBILE ESTATES, GENERALLY LOCATED 700 FEET WEST OF CAMINO MOBILE ESTATES). CAPISTRANO. (APN 121-240-35) (APPLICANT: CAPISTRANO VALLEY Written Communications Staff report dated October 25, 2005 Applicant Capistrano Valley Mobile Estates, 26000 Avenida Aeropuerto, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Contreras presented the staff report as an application to remove one (1) Ficus tree located adjacent to a residential coach within the Capistrano Valley Mobile Estates, generally located 700 feet west of Camino Capistrano. Staff recommends that the Commission deny the applicant's request, based on lack of evidence to support the findings for tree removal required by Section 9- 2.349 of the Land Use Code. Staff is recommending that the root system be u PC Meeting 6 October 25, 2005 either trimmed or modified with the installation of a root barrier adjacent to the coach next to the tree. --.-, Commissioner Questions and Comments Vice Chairman Cardoza asked the approximate age of the tree. Mr. Contreras said the tree has a broad canopy and is probably about 10 to 15 years old. Public Hearing Marvin Joyner, 26000 Avenida Aeropuerto, Space 2, Capistrano Valley Mobile Estates, said that the tree was there when he moved in 7 years ago, that the root has gone all the way under the 24’ x 60’ mobile home, and that it would eventually uproot the back wall. Rick Rodriquez, Rick’s Tree Service, representing the applicant, said the tree sits within IO feet of the dwellings and the main wall that circles the Mobile Estates, and is an aggressively growing tree. Mr. Rodriquez said that the applicant is willing to re-landscape. Commissioner Questions and Comments Commissioner Cohen asked Mr. Rodriquez if the root structure is under the mobile home. Mr. Rodriquez said the root structure is under the whole dwelling and continues to the neighbors. Mr. Rodriquez estimated that the tree is at least 15 years old. Vice Chairman Cardoza asked the size of the lot where the tree is planted. Mr. Joyner said from the base of the tree to the perimeter wall is approximately I5 feet. ‘d Chairman Neely asked Mr. Sandoval if the Commission has broader discretion in considering the factors outlined on pages 2 and 3 of the staff report. Mr. Sandoval said that any one of those ten factors can support the Commission’s decision. He advised that the criteria include broad language which can be interpreted by the Commission, such as “Possible future hazards to.. .property” and “excessive nuisance problems.” Commissioner Cohen asked Mr. Contreras if the roots were under the dwelling. Mr. Contreras said that staffs inspection is typically done above surface, and that the root structure spreads in a spider-web form in all directions above and below the ground surface. Ms. Bogh asked if the first photograph in the staff report is of the coach in question. Mr. Contreras said that he didn’t recall from which angle this photograph was taken. Commissioner Drey said that he viewed the tree from the street and it appears that about three plants are fighting for space. Commissioner Drey added that .v PC Meeting 7 October 25,2005 L there are many boxed Olive trees on Aeropuerto which have been pruned in an unsightly manner. Commissioner Ratcliffe said that root barriers work better on younger trees than on mature root systems. Commissioner Ratcliffe and Vice Chairman Cardoza agreed that it would be better to remove the tree now than to wait a few years. Commissioner Cohen said that he does not think there is sufficient evidence to support a finding to support removal, and that the prudent thing to do would be to continue the item to allow staff to re-inspect. Chairman Neely suggested revisiting the scope of the Tree Removal Ordinance. Mr. Sandoval said that one of the factors from pages 2 and 3 of the staff report is broad enough to encompass possible future hazards to property. Chairman Neely suggested that the DRC discuss and propose a list of potentially problematic trees and a list of preferred replacement trees. Vice Chairman Cardoza suggested a listing of preferred native, hillside, and riparian tree palettes. Motion Chairman Neely moved, seconded by Commissioner Drey, to adopt an amended Resolution No. 05-10-25-2 approving Tree Removal Permit for one Ficus tree located at 26000 Avenida Aeropuerto (APN 121-240-35) based on the finding of possible future hazards to property, with the condition that staff work with the applicant to decide on appropriate replacement species and size. AYES: Commissioners Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: Commissioner Co hen ABSENT: None ABSTAIN: None The motion passed by a vote of 4-1. Ms. Bogh said that normally staff would need to revise the Resolution and bring it back for adoption, but that staff has enough information to amend the resolution without continuing the item provided that the Commission is comfortable with PC Meeting 8 October 25, 2005 staffs rewording. Chairman Neely indicated affirmatively that staff should amend the resolution with no further review by the Commission. c 2. TREE REMOVAL PERMIT (TRP) 05-131 AT 32302 ALIPAZ STREET: AN APPLICATION TO REMOVE ONE (1) EUCALYPTUS TREE WITH A DIAMETER (50) FEET. THE SUBJECT TREE IS LOCATED ADJACENT TO A RESIDENTIAL COACH WITHIN THE SAN JUAN MOBILE ESTATES, GENERALLY LOCATED FIFTY (50) FEET EAST OF ALIPAZ STREET. (APN OF THIRTY-EIGHT (38) INCHES AND AN APPROXIMATE HEIGHT OF FIFTY 121 -1 71-30) (APPLICANT: SAN JUAN MOBILE ESTATES). Written Communications Staff report dated October 25, 2005 Applicant San Juan Mobile Estates, 32302 Alipaz Street, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Contreras presented the staff report as an application to remove one (1) Eucalyptus tree located adjacent to a residential coach within the San Juan Mobile Estates, generally located fifty (50) feet east of Alipaz Street. Staff recommends that the Commission deny the applicant’s request, based on the findings required by Section 9-2.349 of the Land Use Code, and that the applicant implement an annual trimming and proper lacing per the Municipal Code. v Commissioner Questions and Comments Vice Chairman Cardoza asked Mr. Contreras if he inspected both sides of the wall. Mr. Contreras said a vine was creeping along the base of the wall, adjacent to the tree, and that no damage of the wall was observed. Vice Chairman Cardoza said that from the street side there appear to be cracks in the foundation of the wall. Commissioner Drey said that the Eucalyptus tree looks good from Alipaz. Commissioner Ratcliffe said that she is less concerned about damage to a wall than to a structure, and agrees with staff that the permit be denied. Commissioner Cohen said that the staff report provides evidence that supports tree removal in that it is cracking the driveway. Commissioner Cohen said that the Tree Removal Policy needs to be reexamined. Chairman Neely said the intent of the Code is contextual. Chairman Neely suggested replacing the tree with a different properly planted Eucalyptus. PC Meeting 9 October 25, 2005 Vice Chairman Cardoza said although the perimeter wall will eventually need to be replaced, that Eucalyptus trees along Alipaz provide a scenic vista. Motion Vice Chairman Cardoza moved, seconded by Commissioner Drey, to adopt Resolution No. 05-10-25-3 denying a Tree Removal Permit for one Eucalyptus tree located at 32302 Alipaz Street (APN 121 -1 71 -30). 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. COMMISSION/STAFF COMMENTS Ms. Bogh asked if the Commission would like to agendize a discussion of how to interpret and implement the Tree Ordinance. Chairman Neely suggested telling City Council that the Planning Commission needs more leeway and discretion regarding tree removal; and said that the Code could be changed to give the Commission more discretion. Chairman Neely said that he would like to see a list of trees to support and endorse as replacement trees. Chairman Neely suggested finding places along the streetscapes to soften the edges and take out some of the hard edge design to bring back the rural ambiance and vistas. Commissioner Cohen said that the tree removal process is becoming too subjective, and that he would like to see specific photographs from the applicant or staff to support the basis for the application. Commissioner Ratcliffe said that subjectivity is inescapable because every situation is different, suggested a checklist, and said she is in favor of a recommended landscape palette. Vice Chairman Cardoza said that he supports expanded rural standard palettes for different situations as well as evaluation of open space corridors and vistas. PC Meeting 10 October 25,2005 Ms. Bogh said the City Attorney has confirmed that Ms. Bogh may form an ad hoc subcommittee of a couple Planning Commissioners to help staff develop some standards to be brought to DRC and the Planning Commission for policy adoption. She would like to ask Commissioners Ratcliffe and Cardoza to assist staff in this effort because of their backgrounds in landscaping and botany. v Commissioner Ratcliffe said she has worked in Cities that have worked with the Department of Urban Forestry through the U.C. Cooperative Extension system. Ms. Bogh said that she would like to work within the context of the Tree Ordinance as it is adopted, to refine it, rather than attempt to revise the ordinance at this time, if possible. Ms. Bogh said she is not sure of what actions to take regarding visiting areas that could be enhanced for a more rural ambiance. Commissioner Cohen asked about a Master Tree Program in the late 80s. Chairman Neely said that the Street Tree Master Plan was abandoned. Chairman Neely suggested looking at nuisance trees in the City. Ms. Bogh said that as a result of the October 24 meeting, the delegation of two individuals to serve on the Northwest Committee would be agendized for the next Planning Committee meeting. In response to Commissioner Cohen’s question, Ms. Bogh said that staff was pleased with the direction given at the joint workshop because it will provide an orderly means of planning for the northwest area. L./ ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:40 p.m. The next regular meeting is scheduled for Tuesday, November 8, 2005, at 7:OO p.m. in the Council Chambers. Respectfully submitted, +%% Molly gh Planning Director Ism