PC Minutes-2005-11-0832400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493- 1 171
(949) 493- 1053 FAX wwwsanjuancapistrano. org
MEMBERS OF THE CIlY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYAlT HART
JOE SOT0
DAVID M SWERDLIN
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, NOVEMBER 8,2005
CALL TO ORDER
The meeting of the Planning Commission was called to order by Commissioner Cohen
at 7:OO p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Tim Neely, Chairman (absent - excused)
Robert Cardoza, Vice Chairman (absent - excused)
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; Sue
McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Chairman Neely separated the two Consent Calendar items for individual consideration.
1.
25,2005.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF OCTOBER
Minutes October 25, 2005: Commissioner Ratcliffe moved approval, seconded by
Commissioner Drey, of the minutes of October 25, 2005. The motion passed by a vote
\ Of 3-0. u
San Juan Capistrano: Preserving the Past to Enhance the Future ., C3 Printed on recvcled Dace.
PC Meeting 2 November 8,2005
PUBLIC HEARINGS
CONTINUED CONSIDERATION OF TENTATIVE PARCEL MAP (TPM) 03-142 \- I.
FORSTER ESTATES: AN APPLICATION TO SUBDIVIDE AN EXISTING 2.2 ACRE
PARCEL INTO FOUR RESIDENTIAL LOTS GENERALLY LOCATED ON THE EAST
SIDE OF VALLE/FORSTER RANCH ROAD 90 FEET SOUTH OF THE MCCRACKEN
C 0 RPO RATION).
HILL GATED ENTRY. (APN 675-331-02)(APPLICANT: ANVARI ASSOCIATES
Written Communications
Staff report dated November 8, 2005
Applicant
Shahram Anvari, Architect, Anvari Associates Corporation, 23591 El Tor0 Road, #280,
Lake Forest, CA 92630
Engineer Mo Ghiassi, P.E., Anvari Associates Corporation, 23591 El Tor0 Road, #280, Lake
Forest, CA 92630
Staff presentation & recommendation
Mr. Ramsey presented the staff report as continued consideration of Tentative Parcel
Map 03-142 (Forster Estates), stating this item was first presented on June 28, 2005 as
a General Plan consistency issue. At that time the Planning Commission found that the
proposed density and design of the subdivision were not consistent with General Plan
policies on hillside grading and community design. The item was continued to allow the
applicant an opportunity to redesign the project, in order to address concerns raised by
the Planning Commission.
I/
Mr. Ramsey said the project is now being brought back before the Commission to make
a recommendation on the Tentative Parcel Map, prior to forwarding the application to
City Council for a final decision. No changes have been made to the subdivision since
the last Planning Commission hearing on the item. The proposal is to subdivide an
existing 2.2 acre parcel into four residential lots. Staff has determined that the proposed
development is not suitable to the site due to topography, separation from the rest of
McCracken Hill, adjacent commercial development, location on an ancient landslide,
density, lot design, and the aesthetic appearance of the conceptual development plans.
Mr. Ramsey indicated that a letter in the packet from Mr. Philip Schwartze summarizes
why he and the applicant believe the project is consistent with all elements of the
General Plan.
Staff recommends that the Planning Commission adopt a resolution recommending that
the City Council deny the proposed project based on findings that the project is
inconsistent with the goals and policies of the General Plan Community Design Element -
PC Meeting 3 November 8,2005
and does not meet the required findings for approving a Tentative Parcel Map as
established by Title 9, Land Use Code.
Public Hearinq
Phil Schwartze, representing the applicant, said that the project is consistent with the
Community Design Element, meets the 1.5 safety factor standards, that McCracken Hill
residents are here to speak in support of the project, and asked that the Planning
Commission recommend approval by the City Council.
Ted Powers, 33551 Valle Road, said that many of the McCracken Hill residents are in
favor of the project and in favor of installation of a sewer system, which would allow
additional development in the area.
Lenny Scarolla, 33561 Valle Road, spoke in favor of the project and in favor of
installation of a sewer system.
Vasile Petean, 33571 Valle Road, spoke in favor of the project and in favor of
installation of a sewer system.
Commissioner Questions and Comments
Commissioner Drey said that he is in accord with staffs analysis since the buildings are
too close to the street, the property is steep and there is questionable geologic stability,
and due to the adverse visual impact of the project. L,
Commissioner Ratcliffe said the topography of the site contributes to the visual impact,
and there is not an opportunity to vary the building footprints due to the slope.
Ms. Bogh asked the engineering staff to comment on the concerns raised during public
testimony that sewer lines be extended to the McCracken Hill neighborhood. Mr.
Shoucair said that SunCal was conditioned to provide three points of connection for
McCracken Hill, which would allow residents to extend the sewer line to the area with or
without this project. If this project is approved and the applicant extends the sewer line
to this site, it may cost less for the other residents to connect to the sewer line.
Commissioner Cohen said that he is not in support of the project.
Motion
Commissioner Drey moved, seconded by Commissioner Ratcliffe, to approve
Resolution 05-11-8-1 recommending City Council denial of a proposed four lot parcel
map on an existing 2.2 acre parcel located along the east side of Forster Ranch Road
south of the McCracken Hill private gate (Assessor Parcel Number 675-331-02 (Anvari
Associates)).
AYES: Commissioners Cohen, Drey, and Ratcliffe
v
PC Meeting 4 November 8,2005
NOES: None
ABSENT: <W -_ ~ Vice Chairman Cardoza and Commissioner Neely
ABSTAIN: None
The motion passed by a vote of 3-0.
2. CONSIDERATION OF TENTATIVE PLAN MAP (TPM) 05-230, COSTCO
CENTER AT 33959-33963 DOHENY PARK ROAD: AN APPLICATION TO SUBDIVIDE
A 4 ACRE DEVELOPED COMMERCIAL PARCEL INTO 2 PARCELS RANGING FROM
1.479 ACRES TO 2.556 ACRES, GENERALLY LOCATED 30 FEET WEST OF
E NG I NE ER I N G I NC).
DOHENY PARK ROAD (APN: 121-254-21, 26, 27, 28) (APPLICANT: OK0
Written Communications
Staff report dated November 8,2005
Staff presentation & recommendation
Staff is requesting that the Planning Commission open the hearing and continue this
item to the Planning Commission meeting of November 22, 2005
Ms. Bogh said that on the applicant’s request staff is requesting that the Planning
Commission open the public hearing and continue this item to the Planning Commission
meeting of November 22,2005. u
Commissioner Cohen opened the Public Hearing.
Motion
Commissioner Ratcliffe moved, seconded by Commissioner Drey, to continue the item
to the November 22, 2005 Planning Commission meeting.
AYES: Commissioners Cohen, Drey, and Ratcliffe
NOES: None
ABSENT: Vice Chairman Cardoza, Chairman Neely
ABSTAIN: None
The motion passed by a vote of 3-0.
PC Meeting 5 November 8,2005
NEW BUSINESS
COMMlSSlONlSTAFF COMMENTS
Ms. Bogh said that staff would agendize an item in December to allow the Commission
to appoint two representatives to the newly formed Open Space Committee.
Commissioner Ratcliffe said some people had trouble finding the polling place at night
because the Avenida Los Cerritos sign may not be visible at night. Ms. Bogh said that
staff would look into this.
Commissioner Drey said the Commission received a letter from a resident asking for a
higher sound wall along Ortega Highway. Ms. Bogh said that staff will be responding to
the letter and that portions of the wall may be raised to six feet.
Commissioner Cohen said that signage is being abused at the 99 Cent Store, the sushi
restaurant in the same center with “Sushi” painted on a beat-up car, and that there are
used cars for sale in the Rite Aid parking lot. Ms. Bogh said that the Code Enforcement
department is currently recruiting for two full-time officers. Commissioner Cohen asked
the requirements for being a code enforcement officer. Mr. Sandoval said that citations
are considered arrests and PC 138 certification is needed. He stated there is recent
case law limiting the City’s ability to cite vehicles with “for sale” sign violations in the
public right of way.
Commissioner Cohen asked if staff could issue a letter giving the restaurant 30 days to
abate. Mr. Sandoval said that a business sign violation is a misdemeanor, and that the
City Attorney’s office is handling the cases.
L
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
750 p.m. The next regular meeting is scheduled for Tuesday, November 22, 2005, at
7:OO p.m. in the Council Chambers.
Respectfully submitted,
Plan-ning -Director
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