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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