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PC Minutes-2005-12-1332400 PASEO ADELANTO ,SAN JUAN CAPISTRANO, CA 92675 (949) 493- 1 17 1 www sanjuancapistrano org (949) 493- 1053 FAX MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYAn HART JOE SOT0 DAVID M SWERDLIN MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, DECEMBER 13,2005 CALL TO ORDER The meeting of the Planning Commission was called to order by Chairman Neely at 7:lO p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Tim Neely, Chairman Robert Cardoza, Vice Chairman Gene Ratcliffe Commissioners Absent: Sheldon Cohen (excused) Joe Drey (excused) Staff members in attendance: Molly Bogh, Planning Director; David Contreras, Associate Planner; Richard Greenbauer, Associate Planner; Sam Shoucair, Senior Engineer. ORAL COMMUNICATIONS At requests from applicants Jim Huben and Richard Gartner, Chairman Neely moved Items G-1 and G-2 to the beginning of the meeting. NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 05-158, HUBEN RESIDENCE AT 27942 DIAMETER OF THIRTY-THREE (33) INCHES AND AN APPROXIMATE HEIGHT OF FIFTY-FIVE (55) FEET. THE SUBJECT TREE IS LOCATED WITHIN THE REAR AND EAST OF CALLE VILLA CLARA. (APN 666-082-19) (APPLICANT: JAMES 81 PASEO NICOLE: AN APPLICATION TO REMOVE ONE (1) ASH TREE, WITH A YARD OF THE PROPERTY GENERALLY LOCATED NORTH OF CALLE ARROYO CHRISTINA HUBEN). L Sun Juan Capistrano: Preserving the Past to Enhance the Future 0 13 Printeo an :ecvcled oaoer PC Meeting 2 December 13,2005 Written Communications Staff report dated December 13,2005 W Applicant James & Christina Huben, 27942 Paseo Nicole, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Greenbauer presented the staff report as an application to remove one (I) Ash tree located within the rear yard of the property generally located north of Calle Arroyo and east of Calle Villa Clara. He stated staff recommends that the Commission approve the tree removal subject to tree replacement of the applicant’s choosing to be inspected by Planning Department staff. Commissioner Questions and Comments Vice Chairman Cardoza asked for clarification of the planned replacement trees. Mr. Huben said that the replacement trees may be large fruit trees or citrus trees. Vice Chairman Cardoza voiced concern that the replacement fruit trees would not be as large as other trees in the area. Mr. Huben said that he would comply with the Commission’s recommendation and that the roots are breaking part of the patio. Commissioner Ratcliffe said that she would support the staff recommendation. Motion Vice Chairman Cardoza moved , seconded by Commissioner Ratcliffe, to approve Resolution No. 05-1 2-1 3-1 confirming issuance of a categorical exemption and approving a tree removal permit for one Ash tree located at 27942 Paseo Nicole, subject to the condition that one 15 gallon replacement tree of a type approved by the Planning Director be planted in the rear yard at a suitable location. - AYES: Commissioner Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: Commissioners Cohen and Drey ABSTAIN: None The motion passed by a vote of 3-0. 2. TREE REMOVAL PERMIT (TRP) 05-168, GARTNER RESIDENCE AT 32141 VIA ALICIA: AN APPLICATION TO REMOVE ONE (1) ASH TREE, WITH A APPROXIMATELY FIFTY (50) FEET. THE SUBJECT TREE IS LOCATED WITHIN THE REAR YARD OF THE PROPERTY GENERALLY LOCATED NORTH OF PASEO MEASURED DIAMETER OF TWENTY-SEVEN (27) INCHES AND A HEIGHT OF W PC Meeting 3 December 13,2005 MANUEL AND WEST OF VIA CARLOS. (APN 673-122-22)(APPLICANT: RICHARD GARTNER). Written Communications Staff report dated December 13, 2005 u Ap pI ican t Richard Gartner, 32141 Via Alicia, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Greenbauer presented the staff report as an application to remove one (1) Ash tree located within the rear yard of the property generally located north of Calle Arroyo and east of Calle Villa Clara. He stated staff recommends that the Commission approve the tree removal subject to tree replacement of the applicant’s choosing subject to the P Ian n i ng Director’s approval. Commissioner Questions and Comments Vice Chairman Cardoza asked if there was any damage caused by the tree. Mr. Greenbauer said that he did not identify any damage. Mr. Gartner said the goal would be to remove the Ash tree which creates a mess and is a nuisance to the neighbor, and replace it with an apricot tree. - Commissioner Ratcliffe said that she has reservations regarding removal of the tree, which has a significant canopy. Vice Chairman Cardoza said the substantial height and canopy of the tree contributes to the ambiance of the community. Chairman Neely said that there is no evidence of damage or other criteria for tree removal. Mr. Gartner said that the tree has created problems on the neighbor’s property of shade affecting plants growing on the slope and plant material dropped on the neighbor’s side of the fence. Commissioner Comments Vice Chairman Cardoza and Commissioner Ratcliffe agreed that the Ash tree does not meet the criteria for tree removal, but that it could be pruned to avoid dropping excessive debris on the neighbor’s yard. Mr. Gartner said that the tree would look lopsided if pruned on the neighbor’s side only, since there is an 8 foot distance from the tree trunk to the neighbor’s fence. PC Meeting 4 December 13,2005 Motion Vice Chairman Cardoza moved, seconded by Commissioner Ratcliffe, to deny a tree removal permit for one Ash tree located at 32141 Via Alicia, with the applicant to be notified of proper tree pruning procedures. v AYES: Commissioner Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: Commissioners Cohen and Drey ABSTAIN: None The motion passed by a vote of 3-0. Ms. Bogh said that staff would revise the resolution for denial and add the recommendation that the tree be pruned. Staff will provide the applicant with tree pruning guidelines and a list of approved tree trimmers. CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. - Chairman Neely removed the items from the Consent Calendar for separate consideration. 1. CONSIDERATION OF REVISING THE REGULAR MEETING SCHEDULE OF THE PLANNING COMMISSION, BY CANCELING THE REGULAR MEETING OF DECEMBER 27,2005. Canceling the regular meeting of December 27. 2005: Commissioner Ratcliffe moved approval, seconded by Vice Chairman Cardoza, to cancel the regular meeting of December 27, 2005. The motion passed by a vote of 3-0. 2. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 22, 2005. Minutes November 8, 2005: Chairman Neely noted that consideration would be continued until there is a sufficient quorum of those present at the meeting of November 8, 2005. PC Meeting 5 December 13,2005 Minutes November 22, 2005: Chairman Neely moved approval, seconded by Commissioner Ratcliffe, of the minutes of November 22, 2005. The motion passed by a vote of 3-0. v PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP (TPM) 05-1 54, TAVASSOL AT 33562 VALLE ROAD: A REQUEST FOR APPROVAL OF A FOUR LOT SUBDIVISION WITH LOTS RANGING IN SIZE FROM 20,217 SQUARE FEET TO 36,719 SQUARE FEET, FOR AN EXISTING 2.65 ACRE PARCEL. THE PROJECT SITE IS LOCATED ALONG THE EAST SIDE OF FORSTER CANYON ROAD ABOUT 950 FEET SOUTH OF THE TAVASSOL) SINGLE-FAMILY-DETACHED, CUSTOM HOME, RESIDENTIAL DEVELOPMENT ON MCCRACKEN HILL GATED ENTRY. (APN 675-341-02) (APPLICANT: JAFFAR Continued from the Planning Commission meeting of November 22, 2005. Staff recommends this item be continued to an unspecified date to allow the applicant time to submit additional information. Written Communications Staff report dated December 13,2005 Staff recommendation & recommendation Mr. Contreras said that staff recommends that this item be continued to an unspecified date to allow the applicant time to submit additional information. d Public Hearing Chairman Neely opened the Public Hearing and no one was present to testify on the item. Motion Vice Chairman Cardoza moved, seconded by Commissioner Ratcliffe, to continue the item to an unspecified time. AYES: Commissioner Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: Commissioners Cohen and Drey ABSTAIN: None The motion passed by a vote of 3-0. PC Meeting 6 December 13,2005 Chairman Neely suggested that staff be mindful of time constraints within the d Subdivision Map Act. 2. CONSIDERATION OF TENTATIVE PARCEL MAP (TPM) 05-230, PACIFIC CASTLE (COSTCO CENTER) AT 33959-33963 DOHENY PARK ROAD: A REQUEST FOR APPROVAL OF A SUBDIVISION MAP TO SUBDIVIDE A 4 ACRE PARCEL TO CREATE 2 LEGAL LOTS. PARCEL ‘A’ WILL ENCOMPASS 1.5 ACRES AND PARCEL ‘B’ WILL ENCOMPASS 2.5 ACRES. THE PROJECT IS GENERALLY LOCATED APPROXIMATELY 30 FEET WEST OF DOHENY PARK ROAD AND 650 FEET OK0 ENGINEERING INC) NORTH OF VICTORIA BOULEVARD. (APN: 121-254-21 , 26, 27, 28) (APPLICANT: Continued from the Planning Commission meeting of November 8, 2005 and November 22, 2005. Written Communications Staff report dated December 13, 2005 Owner Pacific Castle International, Inc., 5 Park Plaza, Suite 1435, Irvine, CA 92614 ApplicanVEnaineer OK0 Engineering Inc., Bryan Mundia, 23671 Birtcher Drive, Lake Forest, CA 92630 Staff presentation & recommendation Mr. Contreras said that the applicant is requesting approval of a parcel map to subdivide a 4 acre parcel into 2 lots. The site is part of the Costco shopping center, and existing commercial buildings will remain intact and the property will not be modified as part of this subdivision. W Staff has reviewed the proposed Parcel Map for consistency with the Subdivision Map Act and the Title 9 Land Use Code findings for subdivisions. Staff is recommending that the Commission, by motion, adopt a draft resolution approving the notice of exemption and recommending City Council approval of the proposed subdivision. Commissioner Questions and Comments Vice Chairman Cardoza asked if there is an easement that would prohibit putting up a fence should one of the lot owners decide to do so. Mr. Contreras said yes, that there is an existing driveway between both buildings, and a reciprocal access easement will remain in place. Staff has added a condition that the applicant supply engineering staff with an easement document indicating that both property owners agree to not impede or construct anything in that easement. The Public Works Department has added a condition requesting utility easement information. Chairman Neely asked why the lots are being proposed as lettered lots and not numbered lots. ‘e PC Meeting 7 ~~ December 13,2005 Public Hearinq Teddy Ohana with OK0 Engineering said the lots would have to be numbered when the map records. Chairman Neely said that normally a numbered lot would have a structure on it, but a lettered lot is considered to be non-buildable. Mr. Shoucair said that on the final map the lots would be numbered lots. Chairman Neely suggested including a condition that the lots be changed to numbered lots prior to recordation. v Motion Chairman Neely moved, seconded by Commissioner Ratcliffe, to adopt Resolution No. 05-12-13-2 recommending approval of a Tentative Parcel Map to create 2 lots and finding the project exempt from CEQA, on 4 acres located 30 feet west of Doheny Park Road and 650 feet north of Victoria Boulevard, subject to the condition that will require staff to review the final map prior to recordation and insure that the lettered lots have been changed to numbered lots. AYES: Commissioner Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: Commissioners Cohen and Drey ABSTAIN: None - The motion passed by a vote of 3-0. 3. FOLLOW-UP REVIEW OF SIGN PROGRAM FOR ARCHITECTURAL CONTROL (AC) 00-08 SERRA PLAZA AT 31910 & 31920 DEL OBISPO: A REQUEST FOR APPROVAL OF A SIGN PROGRAM FOR THE SERRA PLAZA OFFICE PROJECT. THE PROJECT IS GENERALLY LOCATED AT THE SOUTH EAST 08, 09, 10 & 1 I)(APPLICANT: FRIESS COMPANY BUILDERS, INC.) CORNER OF DEL OBISPO STREET AND PASEO ADELANTO. (APN: 668-072-05,07, Written Communications Staff report dated December 13, 2005 Applicant Dan Friess, Friess Company Builders, Inc., 31658 Rancho Viejo Road, Suite B, San Juan Capistrano, CA 92675 Property Owner Rivendell Land Company, 31 866 Camino Capistrano, CA 9261 8 Architect/ Engineer Nunn Architecture, 3141 1 Camino Capistrano, Suite 300, San Juan Capistrano, CA 92675 Staff presentation & recommendation L' PC Meeting 8 December 13,2005 Mr. Contreras said that the applicant is requesting approval of a sign program for the Serra Plaza office project for two monument signs, building mounted signs, and directional signs. The program was submitted in compliance with Condition 3 of Resolution 03-1 1-13-1 , which approved the Serra Plaza office complex. -d Mr. Contreras stated staff has reviewed the project for consistency with the sign regulations of the Municipal Code, the General Plan Community Design Element, and the City’s architectural design guidelines. The proposed program is in conformance with the Municipal Code. However, after reviewing the program and receiving the updated version after the last Design Review Committee (DRC) meeting, staff is recommending that the program be modified so that the maximum sign height be reduced to 18” for all of the building-mounted signs with the exception of the two signs on the west elevation, which are proposed with a height of 14”. Staff feels that by reducing the height to 18” and limiting the letters to a single line, the sign program will be more proportional to the bulk and scale of the overall building elevation. Mr. Contreras said that the applicant brought a sample of the 18” halo sign as well as a color board depicting the sign colors within the sign program. Staff is recommending that the Commission by motion adopt the proposed sign program with staffs recommended changes. Commissioner Questions and Comments Commissioner Ratcliffe asked for clarification of the halo sign. Mr. Contreras said the applicant will show a sample halo sign. v Public Hearinq Mr. Dan Friess said the applicant has responded to the comments of the DRC and has reduced the size and quantity of all of the building-mounted signage. Mr. Friess showed a halo sign sample and referred to the three-color sample; Color #I is the proposed signage color, Color #2 is the building accent color preferred by the applicant and the developer. Mr. Friess said that the applicant is in agreement with the staff report and requested that the building-mounted signs be allowed to move forward at this time. Commissioner Questions and Comments Chairman Neely asked for clarification of the sign placement on the main building facing Paseo Adelanto. Mr. Friess referred to Exhibit C, the west elevation, with an 18” high by 12’ long sign above the double arches, and potential locations for tenant signage of no more than two signs shown above the trellis structure. Chairman Neely asked if they are halo signs. Mr. Friess said that every building- mounted sign with the exception of the three trellis-mounted signs on the east elevation are halo signs. The monument signs are up-lit. Chairman Neely asked for clarification and made suggestions for the monument sign facing the intersection with regard to landscaping, lighting, rock facing, recess, and PC Meeting 9 December 13,2005 corners. Mr. Friess said the applicant would comply with Commission and DRC recommendations. Vice Chairman Cardoza asked the head clearance on the signs under-hung from the building shown on the fourth page after Exhibit G. Mr. Friess said that Exhibit G shows 7’ and that the fourth page referred to is a mistake. .- Vice Chairman Cardoza asked about modification to the plant palette. Mr. Friess said that the DRC wanted to see what plant materials were being placed at the bottom of that monument sign, and that the plant palette was modified behind the first monument sign. Vice Chairman Cardoza said that the California Pepper in the planter box would be too large for the area in which it is planted. Mr. Friess said that a few adjustments would need to take place on the site. Chairman Neely said that the Bank of America monument sign base needs to be about double the height in order to be better proportioned and to see the rock base when the landscape grows in. Mr. Friess said the applicant would be happy to implement that. Chairman Neely said that both of the other monument signs need to have the stone portions raised along the bottom and the two planking pieces should be about as high as the gap between the top sign and the second sign. Mr. Friess said he would agree with that suggestion. Vice Chairman Cardoza said that Chairman Neely’s drawing looks good. Mr. Friess suggested that the final monument sign drawings be brought back to the DRC. Commissioner Ratcliffe agreed that the DRC would finalize the monument sign portion of the project. .-d Motion Commissioner Ratcliffe moved, seconded by Vice Chairman Cardoza, to approve the wall-mounted signs and have the monument signs come back to the DRC for final design approval. AYES: Commissioner Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: Commissioners Cohen and Drey ABSTAIN: None The motion passed by a vote of 3-0. PC Meeting IO December 13,2005 NEW BUSINESS 3. TREE REMOVAL PERMIT (TRP) 05-171, CZERWIN RESIDENCE AT 32131 L VIA ALICIA: AN APPLICATION TO REMOVE ONE (I) CANARY ISLAND PINE TREE, OF APPROXIMATELY FIFTY (50) FEET AND REPLACEMENT WITH SEVERAL CYPRESS TREES CONSISTENT WITH THE EXISTING TREE PALETTE LOCATED WITH A MEASURED DIAMETER OF TWENTY-SEVEN (27) INCHES AND A HEIGHT AT 321 31 VIA ALICIA. (APN 672-122-21)(APPLICANT: MARK CZERWIN) Written Communications Staff report dated December 13,2005 ADD I ica n t Mark Czerwin, 32131 Via Alicia, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Greenbauer presented the staff report as an application to remove one (I) Canary Island Pine tree located at 32131 Via Alicia. Staff concluded that the preservation of the tree and the extensive root system could be a perceived hazard. Mr. Greenbauer said that the applicant is not present this evening. He stated staff recommends that the Commission approve the tree removal permit subject to planting of replacement Cypress trees. Commissioner Questions and Comments Commissioner Ratcliffe said the roots appeared to be coming up through the round cover and the lawn. Mr. Greenbauer said the tree didn't allow the lawn to, establish itself. Commissioner Ratcliffe said that any big canopy will prevent grass from growing due to shading. e Commissioner Ratcliffe said that the tree appeared to be well taken care of. Vice Chairman Cardoza said that the tree appeared to be healthy and appeared to be a Monterey Pine rather than a Canary Island Pine tree. Ms. Bogh said that both Item G-2 and G-3 lots are facing the Scalzo Bella Donna project which is scheduled to go back to the City Council December 20. Part of the testimony during the Planning Commission hearings addressed the removal of the trees on the Scalzo side of the drainage area. Staff will be recommending to City Council an open vegetated channel, which will change the character of the area. Ms. Bogh said it might be premature for homeowners to start removing trees before seeing what the construction and final channel improvements will look like, because they may want to retain some visual screening. Commissioner Ratcliffe said that the two trees discussed tonight are some of the best maintained and healthiest looking trees on the street. PC Meeting 11 December 13,2005 Chairman Neely said that there is a hodgepodge of trees along the down slope going into the drainage area. Mr. Contreras said that a Planning Commission sub-committee would be forming in January to look at tree planting throughout San Juan and to provide recommendations on good locations for different varieties of trees. Ms. Bogh said that as a result we might bring forward some ordinance changes. v Commissioner Ratcliffe asked if there is a time limit on the tree removal permit. Ms. Bogh said tree removal permits have been conditioned to expire after six months. Ms. Bogh clarified the Commission’s direction that more information would be appropriate on the type of tree in relation to the surrounding landscape palette and substantiation for which removal criterion is being met and how that reason is supported by evidence. Commissioner Ratcliffe said that staffs observations don’t agree with what the applicant put on the permit. Vice Chairman Cardoza said that he observed dead or mostly dead pine trees in the area, the removal of which will affect the skyline. Motion Vice Chairman Cardoza moved, seconded by Commissioner Ratcliffe, to continue this item to the January IO, 2006 Planning Commission Meeting. W AYES: Commissioner Ratcliffe, Vice Chair Cardoza, and Chairman Neely NOES: None ABSENT: Commissioners Cohen and Drey ABSTAIN: None The motion passed by a vote of 3-0. COMMISSION/STAFF COMMENTS Ms. Bogh said that Jeff Parkhurst would not be able to attend the DRC meeting scheduled for December 15, 2005, and asked if there would be a quorum. Chairman Neely and Vice Chairman Cardoza said that they plan to attend the DRC meeting. Vice Chairman Cardoza referred to Item F-2, the plan to subdivide two parcels, and asked how the lighting, landscaping, and irrigation lines would work on the parcels because they are probably commingled. Ms. Bogh said that when the shopping center was first developed, there were reciprocal agreements among all of the users in the u PC Meeting 12 December 13,2005 center. Condition of Approval Condition #I 4 talked about reciprocal agreements for all of the maintenance, parking, and access. In addition, all of the existing easements for all of the existing utilities would have to be shown on the final map and that was Condition #I5 Ms. Bogh said that she believes these conditions cover all the existing utilities and what will be shown on the final map. v Mr. Greenbauer asked for clarification on the perceived hazards for the trees in light of an applicant's perception that the root surface structure creates a trip hazard. Vice Chairman Cardoza said that root pruning, adding topsoil, resurfacing, and re-grading can be done to avoid a trip hazard. Commissioner Ratcliffe said that structural problems can occur if the buttress roots are disturbed. Chairman Neely said that if something physical has been damaged, the tree is more likely to be deemed a hazard. Commissioner Ratcliffe asked if a TRP had been obtained to remove a big tree in the back of the house one house in from the corner near the G-1 property. Ms. Bogh said if there were no TRP, a retroactive TRP would be issued to require a replacement tree. Chairman Neely said his water service line was damaged by the tree in front of his house. To save the tree, Chairman Neely had the feed line installed and rerouted to bypass the tree. Ms. Bogh said that Brenda Heskett was promoted to Administrative Assistant in the Department and that Sandy Kell will be taking over agenda packet preparation. She said that 2005 was a busy year in the Planning Department with processing of several major projects, and there will continue to be significant projects next year such as the Whispering Hills Apartments, a development agreement and apartments on the San Juan Golf Course project, the Habitat for Humanity project, and a couple of housing projects proposed on City-owned land. L' ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 850 p.m. The next regular meeting is scheduled for Tuesday, January IO, 2006, at 7:OO p.m. in the Council Chambers. Approved : Molly Bob, Pkdnning Director