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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 /sm