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PC Minutes-2005-02-08L?400PASEOADELANTO -AN JUAN CAPISTRANO. CA 92675 (949) 493- 1 17 1 (949) 493- 1053 FAX wlt'~~sanjuancaputrano org MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, FEBRUARY 8,2005 L. MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYAT HART JOE SOT0 DAVID M SWERDLIN CALL TO ORDER The meeting of the Planning Commission was called to order by Chairman Neely at 7:07 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL: Commissioners Present: Tim Neely, Chairman Robert Cardoza, Vice Chairman Joe Drey Gene Ratcliffe Commissioners Absent: Sheldon Cohen (excused) Staff Present: William Ramsey, Principal Planner; Larry Lawrence, Consulting Project Manager; Omar Sandoval, Deputy City Attorney; Sam Shoucair, Senior Engineer; Alan Oswald, Transportation Engineer; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR Minutes December 14, 2004 and Januarv 11, 2005: Commissioner Drey moved approval, seconded by Commissioner Ratcliffe, of the Minutes of December 14, 2004 and January I I, 2005, with the correction to the Minutes of January 11, 2005 by Commissioner Cardoza that the Landscape Architect for the project is Ridge Landscape Architects, 8841 Research Drive, Imine. The motion passed by a vote of 4-0. PUBLIC HEARINGS 1. WORKSESSION; TENTATIVE TRACT MAP (TTM) 16572, AN APPLICATION TO 29921 CAMINO CAPISTRANO. GENERALLY LOCATED ON THE WEST SIDE OF SUBDIVIDE AN EXISTING 2.5-ACRE PARCEL INTO EIGHT (8) RESIDENTIAL LOTS AT L Sun Juan Capistrano: Preserving the Past to Enhance the Future I, I3 Pnnhi 0- rPr"r,Pd n2n-r Plannina Commrssion Minutes 2 Februarv 8.2005 CAMINO CAPISTRANO ABOUT 0.75 MILES NORTH OF JUNIPER0 SERRA ROAD, AND MORE COMMONLY REFERRED TO AS ASSESSOR PARCEL NUMBER 121-050-01 Written Communications Staff report dated February 8, 2005 Applicant Jim Adam, 26572 Junipero Serra Road, San Juan Capistrano, CA 92675 Enqineer Selim Sawaya, P.E., Sawaya Engineering Consultants, Inc., 285 East Imperial Highway, Suite 207, Fullerton, CA 92835 Staff presentation & recommendation Mr. Ramsey presented the staff report as a Worksession regarding a proposed subdivision tract map application to create 8 lots for the development of single-family detached homes on an existing 2.5-acre parcel. The project site is located along the west side of Camino Capistrano about 0.75 miles north of Junipero Serra Road. Mr. Ramsey provided page 8 of Mestre Greve Associates Report #04-219-A showing combined noise levels. Mr. Ramsey said that issues include potentially significant noise impacts to future residential development; cultural resource impacts of the proposed development; and community design impacts (scenic drive). Mr. Ramsey passed to the dais two color photograph illustrations of the homes the Applicant has indicated it would like to build on the lots. ’v Staff recommends that the Planning Commission provide direction to staff on the project’s noise, cultural resources, and site planning/architectural design issues. Worksession Jim Adam, Applicant, said that most of the homes planned would be lived in by family members, and requested the Commission’s help in moving the project forward. Fred Greve, Mestre Greve Associates, said that Caltrans won’t let others put sound barriers on Caltrans property. Bill Pichler, 50 Plaza Vivilinda, said he has known the Adam family for 13 years and said they are well respected and an asset to the community. Commissioner Comments Commissioner Drey said the family appears to be willing to live with the dramatic noise impacts. Commissioner Cardoza voiced concern with the loss of the existing open space and existing plant material, and said that research needs to be done to be sure that there are no archeological disturbances. Commissioner Ratcliffe said that there is a need to preserve the visual character of that part of the City and to protect mature trees during grading and construction. ‘- Planning Commission Minutes 3 February 8,2005 Chairman Neely asked if the attenuation was in compliance with Caltrans noise standards. Mr. Greve said that the modeling was done to future traffic volumes and that the Caltrans sound wall rating program might apply if Caltrans were to make modifications to the freeway. Ld Chairman Neely said the property is zoned for medium to low-density residential and asked Mr. Ramsey for clarification of the City review process. Mr. Ramsey said that the architectural design plans and landscaping would come before the DRC. Staff would take the project to the Cultural Heritage Commission if the Planning Commission requests review by that Commission. Commissioner Drey said the craftsman style of the Swanner and Williams houses would be the direction the Applicant should go regarding the design of their buildings, and that the DRC should review architecture, site design, and landscaping. Commissioner Cardoza said that the Cultural Heritage Commission should see this item and that the craftsman style would be appropriate, Mr. Greve said there are a cultural resources report and an arborist’s report, and that Amy Wolfe and Molly Bogh had said that the Applicant would not have to go through the DRC. Mr. Ramsey clarified that staff is suggesting establishing some design framework in conjunction with the Tentative Tract Map, rather than architectural control review. No motion was made since this was a Worksession. 2. RZ 04-03, AC 04-07, TTM 16628 AND ZONING ADJUSTMENT: ZION - VISTA SAN JUAN OFFICE PROJECT. APPLICATIONS FOR DEVELOPMENT OF A MEDICAL AND PROFESSIONAL OFFICE PROJECT WITH APPROXIMATELY 70,100 SQUARE FEET ON L THE EAST SIDE OF RANCHO VIEJO RD. NORTH OF SPOTTED BULL LN. (APN’S 650- 01 1-34 AND -39). Written Communications Staff report dated February 8, 2005 Proponents: Applicant - Property Owner Zion Enterprises LLC, 901 Calle Amanecer, Suite 160, San Clemente, CA 92674 Owner’s Representative Phillip Schwartze, The PRS Group, 31682 El Camino Real, San Juan Capistrano, CA 92675 Civil Engineer Thielmann Engineers, 221 South Glassell Street, Orange, CA 92866 Architect J.G. Stouse Constructors Inc., 38770 Sky Canyon Drive, Suite A, Murrieta, CA 92563 Chairman Neely declared a recess at 8:lO p.m. and reconvened the meeting at 8:18 p.m. L/ L Planning Commission Minutes 4 February 8,2005 Staff presentation & recommendation Mr. Lawrence presented the staff report as a request to approve AC 04-07 and associated zoning adjustment, and recommending approval of a Rezone and Tentative Tract Map for the Zion - Vista San Juan Office Project. Applications for development of a 70,100 square foot medical and professional office development consisting of five buildings on 9.6 acres on the east side of Rancho Viejo Road north of Spotted Bull Lane. At its January I1 meeting the Planning Commission requested additional information on the staff recommendation to not require an Environmental Impact Report (EIR) for the project. The SEQA guidelines require preparation of an initial study to determine if an EIR is required. It is staffs judgment that with the implementation of the mitigation measures agreed to by the applicant there is no evidence that the project would have a significant impact on the environment. Accordingly, staff has prepared a Mitigated Negative Declaration for consideration by the Planning Commission. On February 2 the Transportation Commission forwarded the project to the Planning Commission and City Council with a number of recommendations regarding direct circulation improvements and traffic fee payments, including the following three improvements: Avery / Marguerite Parkway intersection the developer would pay the dollar amount based on a traffic study addendum and cost estimate approved by the cities of San Juan Capistrano and Mission Viejo. The developer shall participate in the cost of flashing yellow lights and flashing red lights on the stop signs at the Rancho Viejo Road / Spotted Bull Lane intersection. The developer shall participate in the cost of a traffic signal at Rancho Viejo Road i Highland Drive intersection. Staff recommends that the Planning Commission reopen the public hearing, take testimony, discuss the project, and take the following actions: 1. Determine whether the mitigation measures identified in the Initial Study will reduce the applicable impacts to a less-than-significant level and, if not, give direction on possible measures which would provide such mitigation. Determine whether the CDP amendment and development plans are appropriate for the property and the area. Provide direction to staff and the applicant regarding desired changes to the project design and/or permitted uses. 3. Approve or deny the AC and Zoning Adjustment based on Commission determinations in No. 2 above. 2. Public Hearinq Mr. Gary Martin, 14 Calle Ave Tuna, San Clemente, principal with Zion Enterprises, said the continuation was based on adding additional time for the Applicant to meet with adjacent homeowners. Mr. Martin said that five Applicant representatives were available to answer questions. Bob King, 29422 Spotted Bull Lane, spoke in opposition to the project on behalf of Spotted Bull residents, and handed eight copies of a letter to the dais. He spoke in opposition to above-ground utilities. He referred to the staff report pages 3, 4, 5, 7, 8, 13, and 18, Planning Commission Minutes 5 February 8,2005 including comments and responses, and Exhibit B pages 8-10 referring to grading permit rather than building permit. Mr. King requested that the buildings be I-story, that an Environmental Impact Report (EIR) be conducted for the proposed mitigation of the Avery and J. Serra intersections, and that the knoll be preserved. L Tom Rogers, 29305 Spotted Bull, provided written information to the dais and asked the Commission to deny the proposed medical facility facing the community due to the close proximity to the residents and proposed grading where patients could view the neighbors’ homes. AI Baumgartner, 26852 Canyon Crest, spoke in opposition to the project due to increased traffic. Herbert Mazorow, 29421 Spotted Bull Way, mentioned a letter he had sent to the Commission, and spoke in opposition to the project due to the noise, visual impacts, and asked that a Condition be added to increase grading on his property. Ken Michael, 26252 Sandcastle Court, representing 25 homeowners in Summerwalk, spoke in opposition to the rezone, and in favor of I-story buildings and preserving the knoll. Bob Sweeney, 26442 Woodcrest Lane, spoke in opposition to the project due to increased traffic congestion and asked that it not be rezoned for medical use, that single-story buildings, and retaining the knoll. David Goddard, 29811 Imperial Drive, spoke in opposition to the project due to increased traffic and asked for single-story buildings and retaining the knoll. b Jerry Williams, 2971 6 Woodlake Court, representing Village San Juan Homeowners Association, spoke in opposition to the project due to increased traffic and a rezone. Mr. Williams is in favor of an EIR and would like the buildings to remain I-story. George Reiner, 29761 Monarch Drive, President of Capistrano Royale HOA, spoke in opposition to the project due to increased traffic. Ray Fulcher, 29132 Country Hills Road, spoke in opposition to the project due to increased traffic. Ron Hitter, 29265 Country Hills Road, spoke in opposition to the project and zone change due to noise, traffic and the aesthetics. Russell Reeves, 29502 Spotted Bull Lane, spoke in opposition to the project due to increased traffic Bob Messersmith, 29301 Spotted Bull, spoke in opposition to the project due to increased traffic. Randy Clark, 29341 Spotted Bull, spoke in opposition to the project and asked the Commission to deny the zone change to medical, to specify single-story buildings and retain L- Planning Commission Minutes 6 February 8,2005 the knoll. He said that traffic mitigation measures and an EIR are needed and challenged <-, the Negative Declaration. Carol Soto, 29311 Spotted Bull Way, spoke in opposition to the project due to the medical use and increased traffic. Ms. Soto asked that the Commission deny the zone change, maintain I-story buildings, and keep the knoll in tact. Chairman Neely said he received a copy of Ms. Soto’s letter with petitions attached to become part of the record. Liz Elliott, 26801 Lariat Circle, resident in Mission Hills Ranch, spoke of traffic problems and need for mitigation at Highland and at Mission Hills Drive. Les Gilmore said his residence is the most impacted and spoke in opposition to the medical facility and zoning change. He spoke in favor of the project and would like to see it reduced to reduce traffic. He said preserving the knoll would be impractical and spoke in favor 2- story buildings. Chairman Neely declared a recess at 950 p.m. and reconvened the meeting at 10:02 p.m. Phillip Schwartze, representing Zion Vista San Juan, said that the Applicant bought an additional piece of property, moved the planned medical facility, agreed to traffic impact mitigation such as a signal at Highland Drive, yellow and red flashings at Spotted Bull, and continues to make changes including architecture and light standards, as a result of input from neighbors, staff, DRC, various Commissions, and the City Council. b Mr. Martin said the Applicant has worked hard to incorporate aesthetic, traffic, and environmental mitigations through three DRC meetings, added moneys to mitigate traffic concerns, provided an acoustic study to reduce the noise, paid $400,000 for an additional property, reduced the number of buildings from 8 to 5, and paid consultants to attend this meeting to answer questions. Mr. Martin said the top of the highest windows are 3 feet below the backs of the slopes, not to mention the 200 - 300 feet back to the residents’ yards. Fire and grade restrictions regarding safety equipment entering and leaving the site requires the knoll to be graded. Two-story buildings are within the 17 percent coverage ratio. Commissioner Questions and Comments Commissioner Ratcliffe thanked the Applicant for clarifying the relative heights of buildings and homes and asked about City promises to preserve the knoll. Mr. Sandoval said that any agreement would not be legal because future City Councils cannot be bound. Commissioner Ratcliffe would be in agreement with reducing the height of some of the buildings and asked for clarification of the site grading and the retaining wail. Mr. Martin said there is an 18 to 20 foot difference in elevation between the Applicant’s and Mazorow properties. Commissioner Cardoza said that the Traffic Commission concluded that traffic issues were to be resolved prior to issuance of grading permits. Commissioner Cardoza said that the proposed sound walls appear to be consistent with the current sound walls in the Spotted Bull area. The development is proposing a sewer easement and connection to a sewer line L- Planning Commission Minutes 7 February 8,2005 that would be a benefit to the community. The utility lines in the Spotted Bull area are under \-, ground. Commissioner Drey said that the developer has complied with the traffic requirements, the DRC and Planning Commission recommendations. Chairman Neely asked Mr. Sandoval if there was a matter of law that would make it impossible for the Commission to rely upon the Negative Declaration from staff. Mr. Sandoval said that CEQA guidelines say that the Commission is to rely on any new factual evidence of new impacts that were not studied and reviewed. Chairman Neely asked Mr. Oswald about the Caltrans statements regarding the Traffic Study counts. Mr. Oswald said that the increase is only .004 and the project does not have a significant impact of one percent or more. Chairman Neely asked Mr. Oswald for the Applicant‘s obligation between Marguerite and Avery. Mr. Oswald said the projected traffic at that intersection would be a 22 percent increase, and that a dollar amount has not been assigned to the Applicant. Chairman Neely asked for clarification of the Traffic Study, Noise Analysis, clarification of the grade differential, funding sources for traffic mitigations and the proposed intersection improvement in Mission Viejo, a description of the known funding sources, appropriate nexus for this project’s share of the mitigations, the feasibility of grading the knoll, and an analysis of why an EIR is not required for this project. b Mr. Neely asked staff to comment on the neighbors’ concerns regarding fair share fees to occur at the time of issuance of grading permits. Mr. Lawrence said that the Transportation Commission voted 5-0 to move some of the fair share fees up to the grading permit level as stated in Conditions 1.8 and I .9 of the staff report. Chairman Neely said that he was disappointed that there was not more understanding between the Applicant and the community. Mr. Sandoval recommended leaving the Public Hearing open but limit it to only the new items. Motion Commissioner Cardoza moved, seconded by Commissioner Drey, to continue to the March 8, 2005 Planning Commission meeting consideration of RZ 04-03, AC 04-07, TTM 16628 and Zoning Adjustment: Zion - Vista San Juan Office Project, and that staff provide the following information: cross sections from each of the existing residences to establish the views and clarify the grade differential, consequences to the project of saving the knoll, clarification of the Noise Analysis and Traffic Study including description of the known funding sources for traffic mitigations and the proposed intersection improvement in Mission Viejo, appropriate nexus for this project’s share of the mitigations, and an analysis of why an EIR is not required for this project. Discussion at the March 8, 2005 meeting is to be limited to the above information provided by staff. AYES: Commissioners Cardoza, Drey and Ratcliffe, and Chairman Neely ‘L Planning Commission Minutes 8 February 8,2005 N0ES:None ABSENT: Commissioner Cohen L/ ABSTAIN: None This motion passed by a vote of 4-0. UNFl Nl SHED BUSINESS None. NEW BUSINESS None. COMMISSION/STAFF COMMENTS None ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at I1 :I 5 p.m. The next regular meeting is scheduled for Tuesday, February 22, 2005, at 7:OO p.m. in the Council Chambers. Respectfully submitted, Planning Director /sm