PC Minutes-2005-04-2632400 PASEO ADELANTO
’- SAN JUAN CAPISTRANO, CA 92675
(949) 493 1 171
www.sanjuancaprstrano. org
(949) 493 1 053 FAX
MEMBERS OF THE CITY COUNCIL
SAM ALLNATO
DIANE BATHGATE
WYAlT HART
JOE SOT0
DAVID M SWERDLIN
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, APRIL 26,2005
CALL TO ORDER
The meeting of the Planning Commission was called to order by Chairman Neely at
7:02 p.m., followed by the Pledge of Allegiance to the Flag led by Boy Scouts Cole Bent
and Derek Hahn.
L ROLL CALL:
Commissioners Present: Tim Neely, Chairman
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; Alan Oswald,
Transportation Engineer; David Contreras, Associate Planner; Tamara Campbell,
Assistant Planning Director; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
Chairman Neely said that a request had been made to take Item G.1. out of sequence
in order to request a continuation and the Planning Commission concurred.
Sari Juan Capistrano: Preserving the Past to Enhance the Future
Printed on recvcled vaver
PC Meeting 2 April 26,2005
UNFINISHED BUSINESS
1. CONTINUED CONSIDERATION OF GRADING PLAN MODIFICATION (GPM)
04-02 AND VACATION OF DEVELOPMENT RIGHTS; A REQUEST TO GRADE AN
EXISTING LOT TO CREATE A BUILDING PAD FOR A CUSTOM, SINGLE-FAMILY
RESIDENCE ON A 3.1 ACRE PARCEL AND FOR THE CITY TO VACATE A PORTION
OF THE DEDICATED DEVELOPMENT RIGHTS FOR PROPERTY LOCATED AT
JERRY HARRIS)
27281 VIEWPOINT CIRCLE (TRACT 6381, LOT 25) (APN: 650-282-06) (APPLICANT:
Mike Recupero, representing Applicant Jerry Harris, referred to a letter from the
applicant’s attorney and stated the applicant’s request that the project be continued to
the June 14, 2005 Planning Commission meeting.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to continue this item to
the June 14, 2005 Planning Commission meeting.
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.
CONSENT CALENDAR
Item E.1. was removed from the Consent Calendar to allow the applicant to address the
Planning Commission.
1. FINAL RESOLUTION, TREE REMOVAL PERMIT (TRP) 04-185, A
RESOLUTION APPROVING THE REMOVAL OF ONE (1) MONTEREY PINE
LOCATED AT THE VILLA SAN JUAN MOBILE HOME PARK AT 33831 CAMINO
MOBILE HOME PARK).
CAPISTRANO (APN 121 -254-20) (APPLICANT: ROBERT SMITHNILLA SAN JUAN
Mr. Robert Smith, Applicant, presented photographs to the dais of the trees in question.
Commissioner Cohen moved approval, seconded by Commissioner Cardoza, of Item
E.1. The motion passed unanimously by a vote of 5-0.
2. FINAL RESOLUTION, CAPITAL IMPROVEMENT PROJECT (CIP) 769; A
PROPOSED MITIGATED NEGATIVE DECLARATION AND PRELIMINARY DESIGN
PC Meeting 3 April 26,2005
PLANS FOR THE PROPOSED REMOVAL OF AN EXISTING 0.43 MILLION GALLON
[MG) RESERVOIR AND CONSTRUCTION OF A NEW 1.34 MILLION GALLON (MG) Y
RESERVOIR LOCATED AT 25702 CALLE RICARDO (COOK RESERVOIR).
Commissioner Drey moved approval, seconded by Commissioner Cohen, of Item E.2.
The motion passed unanimously by a vote of 5-0.
PUBLIC HEARINGS
1. CONTINUED CONSIDERATION OF 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
REAL, AT 31281 DON JUAN AVENUE, ALSO REFERRED TO ASSESSOR'S PARCEL
JUAN AVENUE ALONG THE WEST SIDE OF 1-5, AND 1,000 EAST OF EL CAMINO
NUMBER 649-271 -065.
Written Communications
Staff report dated April 26,2005
Owner
Don Juan, LLC, Barbara Mathewson, 3226 Udal1 Street, San Diego, CA 92106
LJ Applicant'Ensineer
Mayers & Associates Civil Engineering, Inc., 19 Spectrum Pointe Drive #609, Lake
Forest, CA 92630
Architect
Pekarek-Crandell, Inc., 31 872 Camino Capistrano, Suite 100, San Juan Capistrano, CA
92675
Staff presentation & recommendation
Mr. Contreras presented the staff report recommending adoption of the draft resolution
adopting the Negative Declaration and approving Tentative Tract Map 16802 based on
the findings and subject to the conditions contained in the resolution. He referred to a
memo dated April 26, 2005 which had been distributed at the meeting, containing staffs
recommended revisions to the conditions of approval.
Commissioner Questions
Chairman Neely asked why Condition 36 was deleted. Ms. Bogh said that Condition 36
was deleted since the San Juan Duplex Project was previously approved.
Ms. Bogh said that the applicant has provided eight guest parking spaces.
..---
PC Meeting 4 April 26,2005
Commissioner Cardoza asked if there were any conflicts with the urgency ordinance.
Ms. Bogh said that this project would be allowed to go forward since wording was added
by the City Council that the urgency ordinance would only apply to new projects.
--_A
Mr. Oswald said that the number of traffic trips would not be expected to change in the
change from duplex to condo.
Public Hearing
John Lloyd, 31810 San Juan Creek Road, builder and developer of the property, said
that Barbara Mathewson, property owner, was present at the meeting. Mr. Lloyd said
that the common area landscaping would be maintained by the Homeowners
Association.
Tom Entwistle, 31382 Don Juan Avenue, said the project inspired the City to take note
of the historical significance of the Mission Hill, Mission Flats neighborhood.
Angela Duzich, 31372 Don Juan Avenue, spoke in opposition to the project due to
conflicts with the General Plan, removal of Native American and archaeological
monitoring, increased traffic, and 32 feet turnaround curb-to-curb at the end of the cul-
de-sac.
Orrie Brown, 31481 La Matanza Street, spoke in opposition to the project since it does
not fit in with the historical aspects of the Mission Hill, Mission Flats community. Ms.
Brown asked for clarification of this project’s status relative to the urgency ordinance
establishing a moratorium in the district, said that meeting notice was not received by
neighbors who requested notice at prior meetings, and that the residents had no
opportunity to review the changes.
L
Commission Questions and Comments
Chairman Neely asked staff to respond to questions regarding removal of the Native
American Monitor and Archeological Monitor, why this project is not subject to the
urgency ordinance, and reason for lack of proper notice. Ms. Bogh said that this project
has already gone through discretionary review and the initial study did not identify
potential impacts to archeological, pale-ontological or Native American resources. Ms.
Bogh said that a clerical error resulted in the inclusion of Conditions 70 and 71 in the
Conditions of Approval.
Commissioner Cohen asked if the initial study identified potential cultural impacts. Mr.
Ramsey said that he would look at and evaluate the earlier conditions.
Mr. Oswald said that the applicant was directed to deal with the Orange County Fire
Authority regarding the radius of the cul-de-sac. Ms. Bogh said that Condition 16
requires a final grading plan and that the applicant verified that the open space lot would
be mounded with the excess dirt on the site. u
PC Meeting 5 April 26, 2005
.~ __ Ms. Bogh said that the noticing followed the legal requirements, and apologized if
noticing requested by residents in the Mission Hill area had been inadvertently omitted.
Mr. Ramsey said that Native American monitoring would not be necessary since there
are provisions in place in the instance that there would be a need for archeological
monitoring.
Mr. Bogh said that Conditions 70 and 71 could be left in the resolution, even though the
need for monitoring was not identified in the prior entitlements. Ms. Bogh didn’t think it
was appropriate in the last four days before the hearing to add monitoring Conditions of
Approval that were not discussed during the ten years of an entitlement process.
Ms. Bogh said that the City Council directed that prior projects are not subject to the
urgency ord in an ce.
Commissioner Cardoza clarified that the public would have another opportunity to speak
on this project when it is brought to City Council.
Commissioner Cohen said that he can’t support the project because the project is too
massive and out of character for the community.
Commissioner Ratcliffe voiced concern regarding the monitoring of the site for Native
b American artifacts.
Commissioner Drey said he was in favor of the project since it is now a home ownership
project with the open property being maintained by the association.
Vice Chairman Cardoza said due to the historical character of the community, that he
would like to reinstate Conditions 70 and 71, and possibly Conditions 34 and 35.
Chairman Neely said that he believes that Conditions 70 and 71 are appropriate. He
suggested modifying Condition 16 to stipulate that there will be no export of dirt. Ms.
Bogh said that Condition 16.c could be added regarding no export of dirt off-site.
Chairman Neely suggested that staff expand public notice of City Council’s further
consideration of this item to everyone receiving notice of the urgency ordinance.
Motion
Commissioner Drey moved, seconded by Commissioner Cardoza, to approve
Resolution No. 05-4-26-1, San Juan Condominiums, recommending adoption of a
Negative Declaration and approval of Tentative Tract Map (TTM) 16802 for the creation of 8 condominium lots on 1.8 acres located at 31281 Don Juan Avenue, based on the
revised conditions presented in the staff memorandum dated April 26, 2005 with the
following revisions: include Condition 70 and 71, and add Condition 16.c regarding no
export of dirt off-site; further, the Commission directs staff to expand public notice of L
PC Meeting 6 April 26,2005
City Council’s further consideration orf this item to everyone receiving notice of the
urgency o rd i na nce . .~ __
AYES: Commissioners Cardoza, Drey and Ratcliffe, Chairman Neely
NOES: Commissioner Cohen
ABSENT: None
ABSTAIN: None
This motion passed by a vote of 4-1.
NEW BUSINESS
None
COMMlSSlONlSTAFF COMMENTS
Ms. Bogh introduced Tamara Campbell, the new Assistant Planning Director, and said
that Ms. Campbell has served the cities of Newport Beach, Costa Mesa, Laguna Beach,
and Monterey. The Planning Commissioners welcomed Ms. Campbell.
b Commissioner Cardoza commended Molly Bogh and staff for continuing to work on
providing clear and concise documentation.
Commissioner Drey said that Commissioner Ratcliffe, Ms. Bogh and he attended
enlightening sessions at the recent League of Cities Conference.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
8:06 p.m. The next regular meeting is scheduled for Tuesday, May IO, 2005, at 7:OO
p.m. in the Council Chambers.
Respectfully submitted,
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Molly Mgh
Planning Director
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