PC Minutes-2005-02-222400PASEOADELANTO
bAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
(949) 493- 1053 FAX
ww: sunjziancupi rtrano org
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, FEBRUARY 22,2005
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MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Vice Chairman
Cardoza at 7:OO p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Robert Cardoza, Vice Chairman
Sheldon Cohen
Joe Drey
Gene Ratcliffe
Commissioners Absent: Tim Neely, Chairman (excused)
Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney;
Nasser Abbaszadeh, Director of Engineering; Sam Shoucair, Senior Engineer; Brian
Perry, Senior Civil Engineer; David Contreras, Case Planner.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
None
PUBLIC HEARINGS
1. GRADING PLAN MODIFICATION (GPM) 04-02 AND VACATION OF
DEVELOPMENT RIGHTS: A REQUEST TO GRADE AN EXISTING LOT AND
CONSTRUCT TIERED RETAINING WALLS TO CREATE A BUILDING PAD FOR A
CUSTOM SINGLE-FAMILY RESIDENCE ON A 3.1 ACRE PARCEL AND THE 'L
San Juan Capistrano: Preserving the Past to Enhance the Future - L3 Prip:sd cn recvcled caze'
PC Meeting 2 February 22,2005
VACATION OF A PORTION OF THE DEDICATED OPEN SPACE AREA. THE LOT IS
GENERALLY LOCATED 900 FEET NORTH OF PASEO CARDER0 AND 240 FEET
EAST OF PASEO ATREVIDA AT 30302 MALASPINA ROAD (TRACT 9184, LOT 8)
[APN: 650-1 61-1 1) (APPLICANT: JERRY HARRIS)
Written Communications
Staff report dated February 22, 2005
Applicant
Jerry Harris, 3321 1 Paseo Blanco, San Juan Capistrano, CA 92675
EngineedArchitect
DGA Consultants, 2130 E. 4'h Street, Suite 100, Santa Ana, CA 92705
Staff presentation & recommendation
Ms. Bogh said that in a fax received February 22, 2005, Mr. Harris, the Applicant,
requested a continuance in writing and was not at this meeting. Mr. Cardoza said that
since the public was notified of the Public Hearing, that it would proceed.
Mr. Contreras presented the staff report as a proposal to modify the grades of an
existing lot by more than 2 feet, requiring Planning Commission approval of a grading
plan modification. The proposed grading concept includes the extension of an access
drive and a series of tiered retaining walls to create a 17,013 square foot building pad
for a proposed custom, single family home. The applicant also requests vacation of a
portion of the dedicated development rights area which was originally dedicated to the
City as part of the final tract map for Stoneridge for the purpose of retaining open space
adjacent to a General Plan designated ridgeline.
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I Staff has found that the proposed modification to the previously-approved grading plan
would be inconsistent with the design parameters established by the original tract map
approval, would be inconsistent and incompatible with immediately-adjacent lots, and
does not meet the development standards with respect to encroachment into the
Dedication of Development Rights Area. In addition, the proposed grading and
structure are proposed within 200 feet of a major ridgeline as defined in the General
Plan.
Staff recommends that by motion, the Planning Commission adopt the resolution
denying the Negative Declaration (ND) and Grading Plan Modification (GPM) and
recommending City Council denial of the Vacation of Development Rights.
However, if the Planning Commission chooses to approve the proposed project, staff
would like the item to be continued to a future meeting to allow staff adequate time to
modify the attached resolution.
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PC Meeting 3 February 22,2005
Ms. Bogh said that additional correspondence was received from ten residents in the
immediate area stating opposition to the project in addition to the five or six letters
previously received and transmitted to Commissioners with the agenda packet.
Public Hearing
Louis Brutoco, 77 Plaza Cuesta, spoke in opposition to the project.
Dr. Rudi Brutoco, 27272 Viewpoint Circle, spoke in opposition to the project due to the
proposed project being equivalent to a 7-story home out of character with a full view of
Dr. Brutoco’s property. The proposed project towers above and poses a safety threat.
Steve McKeag, 27301 Viewpoint Circle, spoke in opposition to the project due to
potential land slippage problems and detrimental impact to other members of the
community. He said a change from the existing building pad is unecessary.
Martin Pickett, 30115 Hillside Terrace, spoke in opposition to the project due to loss of
privacy, potential land slippage, and no need for a change of the pad size.
Juliana Brutoco, 27272 Viewpoint Circle, spoke in opposition to the project due to loss
of privacy from placing the proposed home above her home.
Commissioner Comments
Vice Chairman Cardoza said that the applicant had requested that the item be
continued. The position of the Commission would be to grant a continuation and keep
the public hearing open. The alternative would be to close the public hearing and have
an action by the Commission.
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Ms. Bogh clarified that this would be a recommendation to the City Council because the
request to vacate the dedicated development rights would have to be a City Council
action.
Commissioner Drey said that he would prefer to act on the project this evening. His
concerns are that the construction is located in a dedicated open space within 200 feet
from the dedicated ridgeline. The Stoneridge Tentative Map was conditioned to insure
ridgeline preservation. Commissioner Drey said the hillside design with tiered retaining
walls would be inappropriate to mandated contour grading standards. This application
has problems with the General Plan, Title 9 and CEQA issues, City grading and design
ordinances, ridgeline and open space preservation ordinances, the Stoneridge recorded
map conditions of approval, and the fact that it was previously denied by the City
Council.
Commissioner Cohen said he doesn’t have a problem continuing the item at the
Applicant’s request, but does not support the project.
PC Meeting 4 February 22,2005
Commissioner Ratcliffe agreed with Commissioner Cohen that the applicant should be
given a chance to present new information and to respond to public testimony, but
thinks it is an unsound proposal aesthetically.
Vice Chairman Cardoza asked if it would be in order to continue or close the Public
Hearing. Mr. Sandoval recommended that the Public Hearing be kept open.
Vice Chairman Cardoza asked if the applicant in his request to pull the item from the
agenda mentioned the redesign of the plans. Mr. Contreras said the applicant’s request
did not include any revisions to the plan. The applicant could revise his plan and that
plan would have to be brought back to the Planning Commission for review.
Commissioner Cohen asked if the item could be continued to a date certain. Mr.
Sandoval recommended continuing to a date certain to save City resources of re-
noticing.
Ms. Bogh recommended a 60-day continuation to the meeting of April 26 to give the
Applicant time to revise and resubmit plans. Mr. Sandoval said the Applicant, staff or
Planning Commission could ask for a continuation beyond April 26.
Commissioner Cohen asked staff to clarify how this application differs from the prior
application. Mr. Sandoval said that after a year the Applicant can re-apply since current
City Councils cannot bind future City Councils.
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to continue the item
to the April 26, 2005 Planning Commission meeting.
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AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe
NOES: None
ABSENT: Chairman Neely
ABSTAIN: None
This motion passed by a vote of 4-0.
Vice Chairman Cardoza declared a recess at 7:16 p.m. and reconvened the meeting at
7:25 p.m.
2. CAPITAL IMPROVEMENT PROJECT (CIP) 111, DEL OBISPO & CAMINO
CAPISTRANO MPROVEMENTS; CONSIDERATION OF CONCEPTUAL
IMPROVEMENTS PLANS FOR WIDENING PORTIONS OF THE EXISTING
INTERSECTION
PC Meeting 5 February 22,2005
,-, Written Communications
Staff report dated February 22, 2005
Proiect Manager
Brian Perry, P.E., Senior Civil Engineer, City of San Juan Capistrano
Engineer
Kenneth Steele, P.E., Willdan
Staff presentation & recommendation
Mr. Perry presented the staff report as a review of the findings of the Camino
Capistrano 1 Del Obispo Street Intersection Studies with Modifications. The project was
reviewed February 2, 2005, by the Transportation Commission.
The City's traffic consultants, Willdan, presented a computer simulation of intersection
operations with various scenarios according to the June 3, 2004 Study and October 1,
2004 Study.
Mr. Perry said that under consideration are four separate project elements with specific
proposed improvements which were identified for the Camino Capistrano 1 Del Obispo
Intersection.
Mr. Perry said staff notes that the proposed improvements north of Del Obispo Street
may be in conflict with the pedestrian-oriented goals identified by the Blue Ribbon Panel
and adopted by City Council for the Downtown Village core.
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The June 4, 2004 Study recommendation modifies the Union Bank corner and widens
the street in front of the Union Bank with one left turn lane, two through lanes and one
right turn lane. There would be about 11 feet for sidewalk and landscaping including a
two-foot retaining wall and planter next to the Union Bank building. The other
improvements proposed are the same in the June 4, 2004 and October 1, 2004 Studies.
For Westbound Del Obispo Street, the recommendation is dual left turn lanes; one
through lane and one combination through and right-turn lane, raised median
reconstruction, and right-of-way acquisition to lengthen the combination through and
right-turn lane.
For Eastbound Del Obispo Street, the recommendation is for no geometric changes.
At its February 2, 2005 meeting the Transportation Commission was in favor of the June
4 Study as well as staff recommendations 1 through 3. They had two additional
recommendations: I) Further review of right-in, right-out only access points on Del
Obispo Street, and 2) Looking at the potential for bus turnouts on Camino Capistrano.
PC Meeting 6 February 22,2005
Vice Chairman Cardoza said that the October 1 findings were more in line with the
recommendations of the Blue Ribbon Committee. Mr. Perry said page 7 of the staff
report discusses the issues for the area north of Del Obispo Street relative to the Blue
Ribbon Committee’s findings.
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Commissioner Cohen asked if driveway C1 is right-out only out of El Adobe. Mr. Perry
said that the driveways on Camino Capistrano, C1 and C3, are ingress and egress, and
that C2 and C4 are egress only. Wlr. Perry said vehicles stop along the Camino
Capistrano left-hand turn into El Adobe and that the property owner saw that as a
problem. Commissioner Cohen voiced concerns about traffic coming out from a traffic
safety and blocking standpoint. Commissioner Ratcliffe said that in the evening this is a
problem with traffic blocking the driveway. Mr. Perry said the solution that provides a
separate left turn is more property-owner friendly.
Commissioner Cohen asked to see the traffic numbers. Mr. Perry said the vehicles
would have to continue’up Camino Capistrano and turn into one of the driveways further
up Camino Capistrano.
Commissioner Drey asked if there are two lanes going north of Del Obispo on Camino
Capistrano. Mr. Perry said there is a single lane on Camino Capistrano going north from
Del Obispo.
Commissioner Cohen asked if J. Serra School was conditioned to do any
improvements. Mr. Perry said that the traffic study identified a need for a dual left-hand
turn eastbound Del Obispo Street onto Camino Capistrano, but J. Serra School is
currently not conditioned to do anything. Mr. Perry said that the problem with a dual left
turn going north on Camino Capistrano is that there is nowhere for the traffic to go and it
trims down to a single lane.
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Commissioner Drey asked if two lanes of cars travel north on Camino Capistrano north
of Del Obispo. Mr. Steele from Willdan said in order to accommodate two lanes of traffic
there would have to be additional widening and removal of existing parking.
Commissioner Cardoza asked if the October Plan would be discussed. Mr. Perry said
the only difference between the June and October Plans are the changes along Del
Obispo Street and that the June 4 study provides a better service level.
Commissioner Cardoza said the June 4 Study was in conflict with the Blue Ribbon
Committee recommendations, which encouraged walkability and the pedestrian-
oriented calming effect of less cars.
Commissioner Cohen asked if off-street parking had been considered due to elimination of on-street parking on Camino Capistrano to eliminate congestion and bring in more
traffic. Mr. Perry said it had been looked at before but not embraced.
PC Meeting 7 February 22,2005
Commissioner Ratcliffe voiced concern with the June scenario of the westbound right
turn lane on Camino Capistrano, which could be hazardous to pedestrians. Mr. Perry
said southbound Camino Capistrano has a right-turn lane now, although it is short.
Commissioner Ratcliffe said there are pedestrians crossing intersections where cars
don’t slow down.
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Commissioner Cardoza asked for clarification of the timeframe for Planning
Commission recommendations. Mr. Perry said that the intent is to make a
recommendation to City Council to define a scope of work so that work can begin as
soon as possible.
Commissioner Cardoza stated he would like to look at an over-all illustrated plan of
ingresdegress at various locations to see if cars can get in and out. He is also
concerned with the humanization of the space to make the street more pedestrian-
friendly. Commissioner Cardoza sees conflict between the proposed plans and the
issues raised by the Blue Ribbon Committee. Mr. Perry said that the bridge widening
across the creek and the interchange would propose traffic improvements in the future.
Commissioner Cardoza said that the October 1 Option 2 recommendations include
adding a left-turn lane on Del Obispo at Camino Capistrano with the Union Bank and
station to remain the same.
Commissioner Cardoza asked if the Transportation Commission recommended a bus
stop in front of the Union Bank. Mr. Perry said there would be no bus stop in front of the
Union Bank. Ld
Ms. Bogh said that the Engineering Department brought this item to the Planning
Commission and has considered the Planning staffs concerns regarding the proposed
widening of Camino Capistrano north of Del Obispo. What is best for moving downtown
traffic might not be best for pedestrians. Each of the City’s Commissions has a different
focus. While the Transportation Commission focuses on congestion relief, the Planning
Commission takes a broader view of land use impacts. The staff report suggests other planning considerations for the historic core of the downtown area. You can increase
the volume of traffic flow, but also need to consider the land-use and planning impacts
in your recommendation to the Council.
Commissioner Cohen stated he would like staff, Engineering, and Traffic to consider
restricting trucks in the City to local deliveries only. Commissioner Drey agreed with the
proposal and Vice Chairman Cardoza said there is merit in eliminating parking on one
side of Camino Capistrano and improving the safe walkability of sidewalks. Vice
Chairman Cardoza said that he strongly supports the stand of the Blue Ribbon
Com m ittee.
Public Hearing
Tony Brown, 31481 La Matanza Street, spoke on behalf of Plaza de Prosperidad
owners, and said their attorney is looking at the project plans and that they would be
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PC Meeting a February 22,2005
engaging their own Civil Engineer to review parking impacts to the shopping center. Mr.
Perry said staff recognizes that widening Del Obispo Street impacts some of the parking
and would recommend no loss of parking to that property. There is a small triangle of
land and the parking area could be reorganized so that there would be no loss of
parking to the property. Mr. Brown said that Washington MutuaVMercado owns the
triangle.
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Commissioner Questions and Comments
Vice Chairman Cardoza said he would feel more comfortable if there were a plan that
showed where all ingress and egress areas are in relation to various intersections. Mr.
Perry said the exhibit on the wall shows all possible options and that exhibits in
Commissioners’ packets show all the driveways.
Commissioner Drey said that San Clemente has become an enviable downtown with
nice paving, landscaping, world-class restaurants, and is friendly to walk.
Commissioner Cohen said the Planning Community has to look at land-use planning as
well as how to move traffic. He would like to see the numbers of on-street parking along
Camino Capistrano between Del Obispo and Ortega Highway. He would like the
Planning Commission to be able to give definitive recommendations with a broader
view.
Commissioner Ratcliffe stated she favors the Option 2 October 1, 2004 scenario that
keeps the area more pedestrian friendly and reduces traffic flow. She favors looking into
a bus stop pocket. Parking is very tight downtown in the middle of the day.
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Vice Chairman Cardoza said he would like to see future studies and analyses and
would like to leave Camino Capistrano to the north intact. He agrees with Commissioner
Ratcliffe that Option 2 would be preferable.
Commissioner Cohen asked if the numbers are available of the volume of traffic going
into El Adobe. He would like a continuation of this agenda item with a more in-depth
analysis of the bigger picture.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to continue to an
unspecified date and requested additional information to be provided by staff on land
use issues in the downtown area, including access to adjacent businesses; on-street
parking; the need to understand traffic operations in the area as a whole; the need for
bus turnouts; and the need to reflect the recommendations of the Downtown Blue
Ribbon Committee regarding preservation of a pedestrian-oriented streetscape. The
Planning Commission continued the item to an unspecified date and requested
additional information to be provided by staff on these issues.
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe
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PC Meeting 9 February 22,2005
- NOES: None
ABSENT: Chairman Neely
ABSTAIN: None
This motion passed by a vote of 4-0.
UNFINISHED BUSINESS
None.
NEW BUSINESS
None.
COMMlSSlONlSTAFF COMMENTS
Commissioner Ratcliffe asked about the water main work being done off Calle Arroyo.
Mr. Abbaszadeh said there was water main damage as a result of the last storm.
Commissioner Cohen said that in the Marshall’s Plaza there is a new Dollar Store with a
banner sign in the Rite-Aid parking lot taped to a car with an arrow pointing to the Dollar
Store. Ms. Bogh said that would be referred to Code Enforcement.
Vice Chairman Cardoza informed Planning Commissioners that the Design Review
Committee (DRC) had recently reviewed an application in the Los Rios Historic Area,
and that he had toured the area. He had concerns that actions in the area may be
detrimental to the intent of the Specific Plan and are not consistent with the historic
nature of the district. Specifically, bright paint colors are being used, and commercial
uses are becoming more prevalent in the district than residential uses. He
recommended the Planning Commission consider this situation and make some
recommendations to City Council for reviewing and possibly amending the Specific Plan.
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Commissioner Cohen asked if the Los Rios Specific Plan is still in force. Ms. Bogh said
there is no review process for bright paint color changes. Commissioner Cohen recalled
that ten years ago the Appellate Court struck down the right of the City to have an
Architectural Review Commission regulating only one neighborhood. Mr. Sandoval said
if such a commissioner’s home is within 500 feet of a particular application, there could
be a conflict of interest issue under State law.
Ms. Bogh responded that staff would propose adding the review and update of the Los
Rios Specific Plan as a work program item to the FY 2005-06 budget, as staff is unable
to take on the project this fiscal year due to the need to complete the Mission
Hill/Mission Flat zoning study.
PC Meeting 10 February 22,2005
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, March 8, 2005, at 7:OO
p.m. in the Council Chambers.
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Respectfully submitted, %% Molly h
Plan-ningbirector
/sm
APPROVED