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PC Minutes-2005-04-1232400 PASEO ADELANTO (949) 493- 1 17 1 (949) 493- 1053 FAX bSAN JUAN CAPISTRANO, CA 92675 www sanjuancapistrano org MEMBERS OF THE CITY COUNCIL SAM ALLNATO DIANE BATHGATE WYAT HART JOE SOT0 DAVID M SWERDLIN MINUTES OF THE MEETING OF THE PLANNING CO M MISS ION TUESDAY, APRIL 12,2005 CALL TO ORDER The meeting of the Planning Commission was called to order by Vice Chairman Cardoza at 7:02 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL: Commissioners Present: Tim Neely, Chairman (arrived at 7:lO p.m.) Robert Cardoza, Vice Chairman Sheldon Cohen Joe Drey Gene Ratcliffe Commissioners Absent: None Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney; William Ramsey, Principal Planner; Sam Shoucair, Senior Engineer; David Contreras, Case Planner; Joe Mankawich, Associate Engineer; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR Item E.2. was removed from the Consent Calendar for separate discussion. 1. 2005. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH 8, San Juan Capistrano: Preserving the Past to Enhance the Future fi Printed on recvcled caDer PC Meeting 2 April 12,2005 Minutes March 8, 2005: Commissioner Drey moved approval, seconded by \/‘ Commissioner Cohen, of the Minutes of March 8, 2005, with the correction by Commissioner Ratcliffe to delete the words “and Ratcliffe” from page 8, paragraph 5. The motion passed by a vote of 3-0 with abstention by Commissioner Cardoza and absence of Chairman Neely. 2. TREE REMOVAL PERMIT (TRP) 04-185, AN APPLICATION TO REMOVE TWO 12) MONTEREY PINE TREES, WITH DIAMETERS OF 26 INCHES AND 32 INCHES ON A SEVEN (7) ACRE LOT LOCATED IMMEDIATELY SOUTH OF THE DRIVEWAY TO THE VILLA SAN JUAN MOBILE HOME PARK AT 33831 CAMINO CAPISTRANO, IAPPLICANT: ROBERT SMITHNILLA SAN JUAN MOBILE HOME PARK HOME OWNERS ASSOCIATION) (CONTINUED FROM MEETING OF MARCH 22,2005) IMMEDIATELY ADJACENT TO CAMINO CAPISTRANO (APN 121-254-20) Mr. Ramsey presented the staff report as an application to remove two Monterey Pine trees, with diameters of 26 inches and 32 inches, on a seven acre lot located immediately south of the driveway to the Villa San Juan Mobile Home Park at 33831 Camino Capistrano. Four additional trees requested for removal pursuant to staff action have also been combined with this request. Mr. Ramsey stated staff recommends that the Planning Commission approve Tree Removal Permit (TRP) 04-1 85, subject to conditions of approval for a total of six trees, and replacing the trees with eight suitable trees as stated in the conditions. L Public Hearing Robert Smith, Applicant, spoke in support of the staff recommendation. Commissioner Questions and Comments Commissioner Drey said the Monterey Pines are quite large, and said that the proposed replacement Podocarpus trees would look too small. Commissioner Cardoza said for reasons of safety he could support removal of Tree #5, but that the rest of the trees should remain. Commissioner Ratcliffe voiced concern for the appearance of the neighborhood if most of the trees were removed. Commissioner Cohen said removal of the trees was not supported in the arborist’s report. Ms. Bogh said Pine Tree #5 is pictured in the staff report near a utility pole and near a roof. Commissioner Ratcliffe said that in Figure 3.3 Pine #3 has the leaning trunk. L PC Meeting 3 April 12, 2005 Robert Smith said that Tree #5 is the most dangerous, leaning tree. Mr. Ramsey said that staff could verify the correct tree number as identified in the arborist’s report. ‘e Ms. Bogh asked whether if only Tree #5 were removed, a replacement tree would be recommended by the Planning Commission Commissioner Cardoza said that three Podocarpus trees would be needed to replace the larger tree. Chairman Neely and Commissioners Drey and Cardoza agreed that no replacement tree would be needed. Commissioners discussed the arborist’s report and the negative visual impacts of removing six Monterey Pine trees. Commissioners concurred that only one tree should be removed and that replacement trees would not be needed. Motion Commissioner Cardoza moved, seconded by Commissioner Cohen, to amend draft Resolution 05-04-12-1 by deleting the two conditions, confirming issuance of a categorical exemption, and approving an amended Tree Removal Permit (TRP) to approve removal of Tree #5 (as identified in the arborist’s report) only, subject to verification by staff of the correct tree number; and to continue this item to the next regularly scheduled meeting of April 26, 2005 for approval of the revised resolution on L the consent calendar. AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, Chairman Neely NOES: None ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. PUBLIC HEARINGS TENTATIVE TRACT MAP (TTM) 16802, SAN JUAN CONDOMINIUMS; A PROPOSED SUBDIVISION MAP TO CREATE 8 (EIGHT) CONDOMINIUM LOTS FOR A PREVIOUSLY APPROVED 4 (FOUR) LOT DUPLEX PROJECT GENERALLY LOCATED ALONG THE NORTH SIDE OF DON JUAN AVENUE ALONG THE WEST SIDE OF 1-5. AND 1.000 FEET EAST OF EL CAMINO REAL, AT 31281 DON JUAN AVENUE, ALSO REFERRED TO AS ASSESSOR’S PARCEL NUMBER 649-271-065. Mr. Contreras stated staff recommends continuation of this item to the meeting of April 26, 2005, in order to give the applicant additional time to submit required materials. - PC Meeting 4 April 12,2005 v Motion Commissioner Cohen moved, seconded by Commissioner Drey, to continue this item to the April 26, 2005 Planning Commission meeting, as recommended by staff. AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, Chairman Neely NOES: None ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. UNFINISHED BUSINESS 1. CONTINUATION OF CONSIDERATION OF CAPITAL IMPROVEMENT PROJECT (CIP) 769; A PROPOSED MITIGATED NEGATIVE DECLARATION AND PRELIMINARY DESIGN PLANS FOR THE PROPOSED REMOVAL OF AN EXISTING 0.43 MILLION GALLON (MG) RESERVOIR AND CONSTRUCTION OF A NEW 1.34 MILLION GALLON (MG) RESERVOIR LOCATED AT 25702 CALLE RICARDO (COOK RESERVOIR) CONTINUED FROM MEETING OF MARCH 22,2005. L Written Communications Staff report dated April 12, 2005 Applicant Public Works Department, Joe Mankawich, Associate Engineer, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Environmental Consultant LSA Associates, Inc., 20 Executive Park, Suite 200, Itvine, CA 92614-4731 Enqineer RBF Consultants, Inc., 14725 Alton Parkway, Itvine, CA 92618 Geotechnical Ena. Consultant Lawson & Associates, Geotechnical Consulting Inc., 1020 Calle Cordillera, Suite 101, San Clemente, CA 92673 Staff presentation & recommendation Mr. Ramsey presented the staff report as an item continued from the meeting of March 22, 2005, consideration of Capital Improvement Project (CIP) 769, a mitigated negative L- PC Meeting 5 April 12,2005 declaration and preliminary design plans for the proposed removal of an existing 0.43 million gallon (mg) reservoir and construction of a new 1.34 million gallon (mg) reservoir located at 25702 Calle Ricardo (Cook Reservoir). Staff recommends that the Planning Commission adopt the draft resolution recommending certification of a Mitigated Negative Declaration and recommending approval of an existing 0.43 million gallon reservoir and the construction of a 1.34 million gallon (mg) water reservoir located at 25702 Calle Ricardo. Staff also recommends that the Planning Commission recommend approval of the design-related aspects of the project included on page 6 of the draft resolution. Commission Questions and Comments Commissioner Cohen asked if residents within 500 feet of the project were notified. Mr. Ramsey answered that the residents within 500 feet of the project were notified as well as residents located along the local subdivision streets that the project would require construction access. Commissioner Cohetl asked for the timetable of the project. Mr. Ramsey said staff is looking to take this project to the City Council in May. Commissioner Cohen requested the opportunity to review the material. Commissioner Cohen asked if there were concerns from residents regarding the elevated height of the reservoir. Mr. Ramsey said that the landscape plan and palette would need to provide screening for views along Calle Ricardo. Commissioner Drey asked if landscape and aesthetics would be brought to the Design Review Committee (DRC). Mr. Ramsey said that is correct. Commissioner Cardoza asked about an access easement or equestrian trail that might be affected by the project. Mr. Sandoval said that portions of that easement were vacated, so there would not be access for vehicles along that easement. Mr. Mankawich said that there is a 20 foot wide easement for ingress and egress and for maintenance of a sewer line and water line, and that there is an irrevocable offer to dedicate to the City a 10 foot wide easement for equestrian purposes, and that during construction a six foot wide equestrian pathway would be maintained. Commissioner Cardoza asked about maintenance vehicle accessibility to some of the rear lots. Mr. Mankawich said that maintenance access would be needed for maintaining the water line and sewer line. Mr. Sandoval said that when the County got the property for Cook Reservoir they also got an easement for the private road that accesses Del Obispo for maintenance of Cook Reservoir but that Calle Ricardo later became the access road for the reservoir. PC Meeting 6 April 12, 2005 Chairman Neely opened the Public Hearing and seeing no one come forward, closed the Public Hearing. Commissioner Drey spoke in favor of the project and his concern that the color and landscape be appropriate for the project. Commissioner Cardoza agreed with the continuation of the item to allow more time to review the materials provided. Commissioner Ratcliffe said she does not have any objections to the project and would support the continuation. Chairman Neely noted for the record that a letter is on file from an attorney for the Scalzos objecting to the adoption of the Mitigated Negative Declaration. Motion Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to continue this item to the April 26, 2005 Planning Commission meeting as a Consent Calendar item in order to provide the Planning Commission additional time to review all the project documentation. AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, Chairman Neely b NOES: None ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. 2. CONTINUATION OF CONSIDERATION OF AN APPEAL OF THE PLANNING DIRECTOR’S DETERMINATION THAT “OUTDOOR VENDING CARTS” ARE NOT A PERMllTED USE OR STRUCTURE IN THE “FM” (FARM MARKET) ZONE DISTRICT CONTINUED FROM MEETING OF MARCH 22,2005. LOCATED AT 32382 DEL OBISPO STREET (APN 649-291-18)(JOSEPH DEMANN) Written Communications Staff report dated April 12,2005 Applicant Joseph N. DeMann, Sidewalk Sensations, Inc., 32545B Golden Lantern, PMB #141, Dana Point, CA 92629 Propertv Owner \d PC Meeting 7 April 12, 2005 Farm to Market, Vermeulen Ranch Center, 32382 Del Obispo Street, San Juan u Capistrano, CA 92675 PC Meeting 8 April 12,2005 Staff presentation & recommendation Mr. Ramsey presented the staff report, recommending denial of the appeal and upholding staffs denial of a business license application for an outdoor ice cream vending cart at the subject location. *- Public Hearinq Joe DeMann, applicant, requested consideration of his appeal to allow his outdoor vending cart, and said sales have decreased since he moved the cart inside. Commissioner Questions and Comments Commissioner Cohen said he supports the staff analysis. Commissioner Ratcliffe said she understands why the outdoor vending carts were denied, and would agree with staffs report. Chairman Neely said he disagrees with the staff analysis, and stated that this vendor is performing a Farm to Market manned sales facility function rather than an independent vending machine. Commissioner Cardoza said that he is in favor of the Farm to Market since it appears to be a quality situation and the use would be compatible to surrounding uses. W Commissioner Drey said he would be in favor of this particular vending cart. Commissioner Cohen asked how we would prevent other applicants from arguing their use is also farm related. Ms. Bogh said it would be a good idea to clarify standards for vending carts if they are to be allowed. In this particular case, to allow the vending cart as part of the shopping center the AC approval would have to be modified and the owner would have to file an application for an AC modification. Ms. Bogh said that requests for AC modification from vendors would probably be forwarded to the Planning Commission. Commissioners discussed the pros and cons of vending carts in general, and the potential benefits of this particular vending cart use at the Farm to Market Shopping Center. Commissioner Cohen voiced opposition to the general use of vending carts throughout the City. Chairman Neely asked staff if there was a way to support the cart at this location but not set a precedent for city-wide use of vending carts. Ms. Bogh asked for a short break to discuss some ideas with the City Attorney. Chairman Neely called for a recess at 8:35 p.m. and reconvened the meeting at 8:47 p.m. PC Meeting 9 April 12, 2005 Mr. Ramsey said that after conferring with the City Attorney, staff recommends that the Planning Commission could determine that this use is allowed as an accessory use to the convenience retail and service use provisions of the Farm/Market Zone District. Based on this determination, the applicant may submit an application for administrative approval and submit a site plan showing the location of the vending cart in relation to the market use. Staff would evaluate the application in the context of the original AC application for the shopping center and apply appropriate conditions to regulate relationship of the cart to the market use, location, signage, outdoor seating, and handling of food waste. Ms. Bogh said that this approach would be a one-time approval for this vending cart in this shopping center only. Chairman Neely asked that the issue of vending carts be brought up as a discussion item to City Council to determine if the City Council would like to pursue allowing vending carts as a permitted use in some commercial zones. Mr. Sandoval said that the options would be to 1) ask staff to bring a Planning Commission resolution to City Council, or 2) direct staff to prepare a staff report to City Council as an agenda item at the City Council meeting. Ms. Bogh suggested that staff bring back a revised Resolution at the April 26, 2005 Planning Commission meeting to address the appeal. Motion Chairman Neely moved, seconded by Commissioner Cardoza, to direct staff to revise the resolution regarding the appeal for adoption at the next meeting to find that the vending cart is a permitted accessory use in the Farm Market zone district, subject to approval of an administrative modification of the shopping center site plan approval; and further to direct staff to prepare a report from the Planning Director to the City Council asking for direction on whether outdoor vending carts should be permitted in certain commercial zone districts. AYES: Commissioners Cardoza, Drey and Ratcliffe, Chairman Neely NOES: Commissioner Cohen ABSENT: None ABSTAl N: None This motion passed by a vote of 4-1. NEW BUSINESS None. PC Meeting 10 April 12, 2005 COM M ISSION/STAFF COMMENTS Ms. Bogh said that two Planning Commissioners and she would attend the League of Cities Planners Institute in Pasadena on April 13,2005. Commissioner Cohen provided information about illegal signage he had observed. Chairman Neely stated his concern with landscaping maintenance activities at the intersection of San Juan Creek Road and La Novia, including the planting of pepper trees and improper pruning of sycamore and jacaranda trees. Ms. Bogh stated staff would investigate these issues. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:02 p.m. The next regular meeting is scheduled for Tuesday, April 26, 2005, at 7:OO p.m. in the Council Chambers. Planning Director L /sm