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).
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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.
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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
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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
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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.
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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.
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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.
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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.
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PC Meeting 7
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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