PC Minutes-2005-05-24. 32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493- 1 17 1
(949) 493- 1053 FAX www.sanjuancapistrano org
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, MAY 24,2005
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
7:08 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Tim Neely, Chairman
Robert Cardoza, Vice Chairman
Sheldon Cohen
Commissioners Absent: Joe Drey (excused)
Gene Ratcliffe (excused)
Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney;
Larry Lawrence, Consulting Project Manager; David Contreras, Associate Planner; Jill
Thomas, Management Analyst I I; Nasser Abbaszadeh, Engineering and Building
Director; Tamara Campbell, Assistant Planning Director; Sue McCullough, Recording
Secretary.
ORAL COMMUNICATIONS
Leslie Jeffrey, 30061 Hillside Terrace, said that she and her husband have neighbors
who have converted a barn into a church, and that although the City has been informed,
there are still gatherings and that over 100 people gathered on Friday, May 20, using
the fire access road that runs between their properties, and that candles were being lit
causing a potential fire hazard. On Sunday 53 cars were parked there. Ms. Bogh gave
Ms. Jeffrey her card and said staff will investigate.
em t3 Printed cn recvcled Daaer
San Juan Capistrano: Preserving the Past to Enhance the Future
PC Meeting 2 May 24,2005
CONSENT CALENDAR
1.
22,2005, APRIL 12,2005 AND APRIL 26,2005.
APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MARCH L
Minutes March 22, 2005, April 12, 2005 and April 26, 2005: Commissioner Cardoza
moved approval, seconded by Commissioner Cohen, of the Minutes of March 22, 2005,
April 12, 2005 and April 26, 2005. The motion passed by a vote of 3-0.
PUBLIC HEARINGS
I. (TO BE CONTINUED TO THE JUNE 28 MEETING) TENTATIVE PARCEL MAP
REQUESTS APPROVAL OF A PARCEL MAP TO CREATE FOUR (4) LOTS RANGING
/TPM) 03-142, FORSTER ESTATES: ANVARI ASSOCIATES CORPORATION
IN SIZE FROM 0.51 TO 0.58 ACRES, FOR SINGLE-FAMILY-DETACHED, CUSTOM
HOME, RESIDENTIAL DEVELOPMENT ON AN EXISTING 2.17 ACRE PARCEL. THE
LOTS WOULD TAKE ACCESS FROM A PRIVATE DRIVE EXTENDING FROM THE
BOTTOM TERMINUS OF VALLE ROAD (FORSTER CANYON ROAD).
Motion
Commissioner Cardoza moved, seconded by Commissioner Cohen, to continue the
item to the June 28, 2005 Planning Commission meeting.
b AYES: Commissioners Cardoza, Cohen, Chairman Neely
NOES: None
ABSENT: Commissioners Drey and Ratcliffe
ABSTAIN: None
This motion passed by a vote of 3-0.
2. TENTATIVE TRACT MAP (TTM) 16678, VALLE RANCH CONDOMINIUMS:
CENTRA REALTY CORPORATION REQUESTS APPROVAL OF A SUBDIVISION
MAP TO CREATE 5 (FIVE) CONDOMINIUM LOTS IN CONJUNCTION WITH A
PREVIOUSLY APPROVED SITE PLAN CONSISTING OF A 44,373 SQUARE FEET
GENERAL OFFICE PROJECT IN 3 BUILDINGS LOCATED ON 3.0 ACRES. THE
PROPOSED TENTATIVE TRACT MAP WILL NOT RESULT IN ANY CHANGES TO
THE APPROVED FOOT PRINTS OF THE BUILDINGS AS APPROVED BY
ARCHITECTURAL CONTROL (AC) 04-05.
Written Communications
Staff report dated May 24,2005
PC Meeting 3 May 24,2005
Owner
Valley Ranch, LLC, Steve Sandland, 3 Park Plaza, Suite 1490, Irvine, CA 92614 -
ApplicanVArchitect
Centra Realty Corporation, Steve Sandland, 3 Park Plaza, Suite 1490, Irvine, CA 92614
Engineer
Development Resource Consultants Inc., 8175 E. Kaiser Blvd., Anaheim Hills, CA
92808
Staff presentation & recommendation
Mr. Contreras presented the staff report recommending approval of the condominium
map based on its consistency with the previous approval of the office park. He
presented an email from the applicant requesting revisions to conditions 31 and 39, and
stated staff is in agreement with requested changes.
Commissioner Questions
Commissioner Cardoza asked if the condominium structures would be sold and if
parking would be assigned for each condominium unit. Mr. Contreras said that each air
space unit would be sold and that the parking would be shared in common.
Public Hearinq
b
Steve Sandland, Vice President of Development for Centra Realty Corporation, said the
applicant is comfortable with the revised wording in conditions 31 and 39. Mr. Sandland
said there is no assigned parking and that the parking is inlcommon for all of the users
of these office condominiums.
Motion
Commissioner Cardoza moved, seconded by Commissioner Cohen, to adopt
Resolution No. 05-5-24-1 recommending approval of a Tentative Tract Map 16678 for
the creation of 5 condominium lots on 3 acres of an existing 16.73 acre parcel located
500 feet east of 1-5 and 500 feet south of Valley Road, and incorporating the revisions to
conditions 31 and 39 as recommended by staff.
AYES: Commissioners Cardoza, Cohen, Chairman Neely
NOES: None
ABSENT: Commissioners Drey and Ratcliffe
ABSTAIN: None
This motion passed by a vote of 3-0.
L
PC Meeting 4 May 24, 2005
Chairman Neely said that since he would be recusing himself from item F3, he asked
that item F4 be taken out of sequence and the Planning Commission concurred.
Commissioner Cardoza asked if a continuance would be appropriate for Item F.3. Ms.
Bogh said that a continuance would be appropriate after hearing from those present at
tonight’s meeting.
-
Commissioner Cohen said that Mark Nielsen told him he did not receive formal notice of
this meeting on Item F.3 although he requested notice. Ms. Bogh said public notice
went to all the homeowners associations in the area and residents within a 500-foot
radius. Ms. Bogh said that lack of notification to Mr. Nielsen was an oversight since Mr.
Nielsen is not within a 500-foot radius.
4. CONSIDERATION OF THE SEVEN YEAR CAPITAL IMPROVEMENT
PROGRAM FOR FISCAL YEARS 2005-2012, AND DETERMINATION OF
CONSISTENCY WITH THE CITY’S GENERAL PLAN. REVIEW OF PROJECTS THAT
ARE PROPOSED FOR INCLUSION INTO THE CITY’S SEVEN YEAR CAPITAL
PROGRAM CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS OF
THE CITY’S ADOPTED GENERAL PLAN. THE TYPES OF IMPROVEMENT
PROJECTS PROPOSED FOR FUNDING CONSIDERATION INCLUDE STREET
IMPROVEMENTS (BOTH NEW CONSTRUCTION AND REHABILITATION OR
IMPROVEMENT PROGRAM FOR FISCAL YEARS 2005-2012, TO DETERMINE
MAINTENANCE), TRAFFIC SIGNALS, STORM DRAIN IMPROVEMENTS, PHYSICAL
IMPROVEMENTS TO PARKS (BOTH NEW AND REHABILITATION OR
MAINTENANCE), AND HISTORIC PRESERVATION IMPROVEMENTS. b
Written Communications
Staff report dated May 24,2005
Staff presentation & recommendation
Ms. Thomas presented the staff report as a consideration of the Seven Year Capital
Improvement Program (CIP) for fiscal years 2005-2012, and determination of
consistency with the City’s General Plan. Staff recommends that the Planning
Commission determine that the CIP is consistent with the General Plan and forward the
proposed FY 2005-2012 CIP to the City Council and Community Redevelopment
Agency Board of Directors with a recommendation for adoption, based on a finding that
the CIP is consistent with the General Plan.
Commissioner Questions and Concerns
Commissioner Cohen asked if the 1-5 Interchange amount is an estimate. Ms. Thomas
said it is based on future funds available.
Chairman Neely spoke of concerns regarding recommending Del Obispo street
widening and other improvements without having the Planning Commission give input to
L
PC Meeting 5 May 24,2005
maintain a rural character where appropriate, and asked that Planning Commission
have an opportunity to give input regarding project designs prior to preparation of
design plans for CIP projects. --
Commissioners Cardoza and Cohen concurred with Chairman Neely’s proposal to allow
Planning Commission input on capital project designs.
Motion
Commissioner Cohen moved approval, seconded by Chairman Neely, of Resolution 05-
5-24-2 finding that the Fiscal Year 2005 through 2012 Capital Improvement Program
conforms to the City’s adopted General Plan and incorporating Planning Commission
comments regarding the desire of the Planning Commission to give input regarding
project designs prior to implementation of final design plans.
Ms. Bogh and Ms. Thomas stated that Ms. Thomas would include the wording for the
above motion in the report to City Council.
AYES: Commissioners Cardoza, Cohen, Chairman Neely
NOES: None
ABSENT: Commissioners Drey and Ratcliffe
ABSTAIN: None
This motion passed by a vote of 3-0.
b
Chairman Neely recused himself from Item F.3 because of a possible appearance of
impropriety rather than any actual impropriety, based on his employment with the
County of Orange and the issue of roadway improvements on La Pata raised by the
County with regard to this project.
3. DEVELOPMENT AGREEMENT FOR VESTING TENTATIVE TRACT MAP
FAMILY DETACHED HOMES ON APPROXIMATELY 314 ACRES LOCATED IN THE
SOUTHEAST PORTION OF THE CITY, WEST OF LA‘ PATA AVENUE AND
16634 (WHISPERING HILLS ESTATES), A PROJECT TO DEVELOP 155 SINGLE-
APPROXIMATELY 1.4 MILES SOUTH OF THE ORTEGA HIGHWAY (APNS 121-172-
02, 124-140-49, 124-140-53 AND 124-223-45.
Written Communications
Staff report dated May 24,2005
Applicant - Property Owner
Dennis Gage, Whispering Hills LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612
c
PC Meeting 6 May 24,2005
Attorney
David Colgan, Nossaman Guthner Knox Elliott LLP, 18101 Von Karman Avenue, Suite
1800, Irvine, CA 92612-0177 v
Owner’s Representative
Phillip Schwartze, The PRS Group, 31682 El Camino Real, San Juan Capistrano, CA
92675
Staff presentation & recommendation
Mr. Lawrence presented the staff report as a Development Agreement for Vesting
Tentative Tract Map 16634 (Whispering Hills Estates), a project to develop 155 single-
family units on approximately 31 4 acres. The Development Agreement includes the
following:
1) The agreement would give the developer a vested right to complete the
project and participate in a Community Facilities District to finance school
fees, impact fees, and infrastructure improvements.
2) The Community Facilities agreement would generate $1.126 million to the
City, through a separate Joint Community Facilities Agreement (JCFA)
entered into between the City, the school district, and the developer.
L 3) The agreement provides assurance that the City would grant building
permits for up to 140 dwelling units in 2006 and up to 40 dwelling units in
2007.
Mr. Lawrence discussed a letter received May 23, 2005, from the County of Orange
requesting that the City require the developer to dedicate a 50-foot strip of land for
future right-of-way for the widening of La Pata, and provide dedication for a regional
riding and hiking trail. He stated staff has not had time to analyze the County’s request.
Mr. Lawrence said that Mr. Harry Persaud from the County is here tonight to speak to
this issue.
Ms. Bogh stated staff was prepared to recommend that the Planning Commission by
motion forward the draft Development Agreement to the City Council with a
recommendation of approval; however, in light of comments received from the County
and the absence of two Commissioners this evening it would be appropriate to continue
the item to the next meeting.
Commissioner Questions and Comments 1
Vice Chairman Cardoza asked for clarification on the number of dwelling units
authorized by the agreement, stating there are only 155 units approved in the
subdivision. He asked if three weeks would be sufficient time to resolve the right of way
issue. Mr. Persaud said the County would do its best to look at options with the
L
PC Meeting 7 May 24,2005
developer. He explained the County’s work on an alignment study for La Pata, cited the
City’s support for this project and regional traffic benefits, and clarified why the right of
way dedication is appropriate at this time. He stated the offer of right-of-way may be
modified if the final design determines if that less area is needed.
-
Dennis Gage, applicant, stated he had entered into a separate agreement with the
County regarding roadway requirements and that additional right of way should not be
required at this time.
Commissioner Cohen asked how this Development Agreement gives the developer a
vested right it wouldn’t otherwise have, and how granting a third Development
Agreement to another developer is consistent with the City’s growth management
policy. Mr. Lawrence said that in 2006, 209 allocations have been granted out of the
400 available, and in 2007, 100 out of the 400 available have been granted. The
purpose of the Growth Management Ordinance was to ensure that provision of
infrastructure is sufficient to meet impacts of new development, and the conditions
applied to this project have met that objective.
Commissioner Cohen asked what true benefit the City would get aside from the Joint
Use Agreement with the school district. Mr. Lawrence said the City has entered into an
agreement to share a portion of the bond proceeds between the school district, the
developer, and the City.
Commissioner Cohen asked if the City receives fees up front, does it not get the benefit
of getting the increases in fees down the road. Mr. Lawrence said that the development
agreement would freeze the fees at the current level. Commissioner Cohen asked if by
freezing the fees the City is being denied a future source of revenue. Mr. Lawrence said
the approval of a Vesting Tentative Tract Map on the property has already frozen the
fees at the level in effect at the time of map approval.
L,
Commissioner Cohen asked why the Development Agreement does not reference the
$1 .I26 million due to the City as a public benefit.
Public Hearinq
Phillip Schwartze, representing Whispering Hills, said the applicant agrees with the staff
report and that the Vesting Map freezes the requirements and fees that were set. Mr.
Schwartze said if the school district can get the fees up front, it can get matching funds
from the State.
Commissioner Cohen asked if the project will use Mello Roos financing. Mr. Schwartze
said the project will use a Mello Roos district and that the sooner the project is approved
the lower the bond rates would be.
Vice Chairman Cardoza asked if the Development Agreement contains verbiage
addressing use of the park site. Mr. Schwartze said that page 2 discusses the park
c
PC Meeting 8 May 24,2005
acreage and that they are still annexing the area containing the park. The nub of that
park sticks out in the County area and becomes part of the City, but would not be
dedicated to the City. It would be a private park within a gated community. Mr.
Schwartze said that miles of trails in the project will be available for public use as well
as open space.
L
Mr. Harry Persaud, Project Manager for La Pata and Chief of Program Funding for the
County of Orange, referenced the letter he had sent to the City requesting that 1)
provisions be made for an easement for a continuous riding and hiking trail from La
Pata that would run along the Rancho Mission Viejo ownership property and traverse
the Whispering Hills property; and 2) additional right of way and construction easements
be dedicated for La Pata, a primary arterial highway, which needs to be widened to a
I 00-foot right of way.
Mr. Persaud said that in 2002 the City’s circulation plan identified La Pata as a high
priority road that would relieve traffic on Ortega Highway. The San Juan Capistrano City
Council agreed on the importance of the road and recognized that the County would
take the lead on the project.
Mr. Persaud stated that whenever there is a roadway that is not built to its ultimate
destination, the City’s and County’s practice is to acquire the right-of-way in order to
widen the road. Measure M funds for arterial and roadway systems throughout the
County are based on the following: if a jurisdiction in its approval of a development
precludes implementation of an arterial highway, funds from Measure M could be
withheld from the entire jurisdiction. -
In 2002 Rancho Mission Viejo filed for a General Plan Amendment (GPA) on land
located on both sides of La Pata in this area. The Board approved the Ranch Plan in
2004, with the condition to get all the right-of-way and provide improvements on La
Pata. There is a 34-acre sliver of land that separates the City from the existing right-of-
way for La Pata and that land was owned by Rancho Mission Viejo. Between 2002 and
2004 Whispering Hills entered into an agreement with the Fjanch to purchase the 34-
acre sliver of land. The County was not apprised that such a sale was being
consummated. It is surprising to the County that both Whispering Hills and the Ranch
knew of the road widening project, but that dedication of right of way was not
considered in the sale of the property or approval of the tract map. The Whispering Hills
group has been processing the annexation of that parcel to the City and was aware of
the road widening plan.
The developer has agreed to do the annexation in two parts. The County will not need
actual right of way for the northerly portion of the parcel. Whispering Hills is amenable to
provide the County with access rights to easements on that parcel for construction
purposes. Regarding the portions south of the access road, however, which is a larger
portion of the parcel, there is not sufficient information available to determine how much
right-of-way would be needed. The County is asking for an offer of dedication of 2.5 to 3
acres of land from the 34 acres purchased. Mr. Persaud said it is a small price to pay to
L
PC Meeting 9 May 24,2005
get full road development, with no cost to the Whispering Hills developer for roadway
improvements. The road will cost over $60 million because of the difficult geology in the
area. The County is asking that the right-of-way of 50 foot be offered to be dedicated. u
Commissioner Cohen asked if the County could take most of the needed right-of-way
from the Ranch property. Mr. Persaud said yes, if the grading allows it.
Vice Chairman Cardoza asked if the Ranch developer has been agreeable to the right-
of-way dedication, and Mr. Persaud said yes. Vice Chairman Cardoza asked if three
weeks would be sufficient time to resolve the right of way issue. Mr. Persaud said the
County would do its best to look at options with the developer. An offer of improvement
is standard practice with conditions the County places on a development. The offer of
right-of-way may be modified if the final design determines if that additional right of way
is not needed.
Commissioner Cohen asked if the Development Agreement must address the right-of-
way dedication. Mr. Sandoval said the Vesting Tentative Map limits the City’s authority
to require the dedication, and the Development Agreement is a legislative action that
opens up for the City to negotiate that type of dedication.
Dennis Gage, Whispering Hills Development, said the applicant signed a Cooperative
Agreement with the County, and Mr. Gage does not believe that any property must be
given to the County even though the County now wants the right-of-way for free. - Commissioner Cohen asked if Measure M funds would be in jeopardy if the City does
not comply with the County’s request. Mr. Sandoval said staff would review that issue.
Vice Chairman Cardoza said that these issues should be reviewed by staff and the City
Attorney with a recommendation brought back at the next meeting.
Motion
Commissioner Cohen moved, seconded by Vice Chairman Cardoza to continue the
item to the June 14, 2005 Planning Commission meeting to allow staff time to address
the items discussed including analyzing the letter received May 23, 2005 from the
County of Orange; clarifying the number of dwelling units authorized; documenting the
public benefits in the agreement; and bringing the Whispering Hills Development
Cooperative Agreement with the County, referred to by Mr. Gage, to the next meeting.
AYES: Commissioners Cardoza and Cohen
NOES: None
ABSENT: Commissioners Drey and Ratcliffe
ABSTAIN: None
PC Meeting 10 May 24,2005
RECUSED: Chairman Neely
This motion passed-by a vote of 2-0, with recusal of Chairman Neely. \.--
UNFINISHED BUSINESS
None.
NEW BUSINESS
None.
COMMISSlONlSTAFF COMMENTS
Commissioner Cohen said that the sushi restaurant next to the 99 Cent Store has
temporary signs in the parking lot because no action was taken on the 99 Cent Store
signs. Mr. Sandoval said the 99 Cent Store sign enforcement issue was referred to the
City Attorney’s office by Code Enforcement.
Commissioner Cohen asked about the for sale sign next to the Montessori School. Ms.
Bogh said that the Zion property is for sale.
Vice Chairman Cardoza asked about the San Juan Country Club golf course. Ms. Bogh
said the DRC had seen preliminary plans for the golf facilities and club house.
Chairman Neely asked about the problematic enforcement of signs and said the Board
of Supervisors adopted a change to a County Nuisance Ordinance to allow more
aggressive misdemeanor provisions. Mr. Sandoval said the City Code allows filing
cases as either an infraction or misdemeanor complaint, which allows a plea bargain
resulting in a fine rather than a prison term. The City would need more personnel
including hearing officers to change from the criminal process to an administrative
process.
L
Chairman Neely said that fines would have to be increased to cover the costs of
independent hearing officers. Mr. Sandoval said that Code Enforcement and the City
Attorney occasionally meet with the property owner on a case-by-case basis.
Chairman Neely asked about the status of the Scalzo issue. Ms. Bogh said that staff
recommended denial of the tract map at the last City Council meeting due to the lack of
hydrology information to support the proposed drainage design. The City Council
continued the tentative tract map and authorized staff to retain a hydrology consultant to
prepare a full report and drainage analysis. When the report is completed, staff will hold
public meetings to review the results of the study. The study will provide a basis for
providing direction to the applicant on revising the drainage design.
PC Meeting 11 May 24,2005
Chairman Neely asked about the intersection improvements for Camino Capistrano and
Del Obispo. Ms. Bogh said staff is providing additional information on this project to the
\-< City Council.
Chairman Neely suggested that the Commission/Staff Comments portion of the agenda
be used to provide information from Design Review Committee (DRC) members to the
rest of the Planning Commission. Mr. Sandoval said since DRC minutes are public
record the DRC members could report to the Planning Commissioners what occurred at
recent DRC meetings, but that the Brown Act requires that items discussed must
appear on the agenda.
Vice Chairman Cardoza said the DRC met regarding the Los Rios parking lot and park
site and made suggestions. He stated the DRC also made recommendations for
modifications to the theater architecture.
ADJOURNMENT
There being no further business before the Planning Commission, the meeting was
adjourned at 9:06 p.m. The next regular meeting is scheduled for'Tuesday, June 14,
2005, at 7:OO p.m. in the Council Chambers.
Res pectfu Ilv submitted ,
Molly &&h '
/sm
- Planning Director