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
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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.
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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.
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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
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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
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