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PC Minutes-2005-07-1232400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493- 1 17 1 (949) 493- 1053 FAX - www sanjuancapistrano. org u MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYAn HART JOE SOT0 DAVID M SWERDLIN MINUTES OF THE MEETING OF THE PLANNING CO M M lSSl0 N TUESDAY, JULY 12,2005 CALL TO ORDER The meeting of the Planning Commission was called to order by Vice Chairman Cardoza at 7:OO p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL: Commissioners Present: Robert Cardoza, Vice Chairman Sheldon Cohen Joe Drey Gene Ratcliffe Commissioners Absent: Tim Neely, Chairman (excused) Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney; William Ramsey, Principal Planner; Sam Shoucair, Senior Engineer; Tamara Campbell, Assistant Planning Director; Justin Carlson, Assistant Planner; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR Item E.2 was removed from the Consent Calendar for separate discussion at the request of Commissioner Cohen. I. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF MAY 24,2005 AND JUNE 14,2005. Minutes Mav 24, 2005 and June 14, 2005: Commissioner Drey moved approval, seconded by Commissioner Cohen, of the minutes of May 24,2005 and June 14, 2005. The motion passed by a vote of 4-0. Sun Juan Capistrano: Preserving the Past to Enhance the Future rn t3 Printed on recycled Daoer ~~ PC Meeting July 12, 2005 Staff presentation & recommendation Mr. Ramsey presented the staff report and said that Advanced Group 99-SJ has requested approval of a Development Agreement for property that was subject to Vesting TTM 14343 approved by the City Council on February 17, 1998. The two main deal points would be 1) the applicant is requesting a two year term of the agreement with a potential two year extension at the sole discretion of City Council, and 2) the City would benefit from fees of $17.8 million based on the current fee schedule. Staff recommends that the Planning Commission recommend City Council approval of a Development Agreement for Vesting TTM 14343, San Juan Meadows. d Commissioner Questions and Comments Commissioner Cohen said that words may be missing from Article 2.5 of the Development Agreement. Mr. Ramsey said the word “the” should be deleted after the word “applicable”. Commissioner Cohen asked if the landslide mitigation measures had been done. Mr. Ramsey said the mitigation measures are to be done. Commissioner Drey asked if the extension would allow enough time to handle the landfill closure. Mr. Ramsey said the applicant would like to make sure that there is enough time to coordinate the design of improvements with the closure plan. Public Hearinq L Ray Poulter, representing Advanced Group 99-SJ, 22974 El Tor0 Road, Lake Forest, said the final closure plan for the landfill has involved many agencies including the San Diego Regional Water Board, the Orange County Health Agency, and the State Integrated Waste Management Board. The grading of the site will provide the cap for the cover of the landfill. The transportation flow- through from the Sun Cal project to La Novia Avenue would be completed as part of this project. Commissioner Cohen asked if the Mitigation Plan for geological concerns would need to be approved before any grading commences. Mr. Poulter said that the applicant would need to know if the geological conditions can be met before investing time and effort into the grading. Commissioner Drey asked for clarification as to whether or not the realignment of La Novia along the freeway is included. Mr. Poulter said the applicant and Sun Cal are conditioned to improve that intersection depending on what is negotiated between Caltrans, the City, Sun Cal and the applicant. PC Meeting 2 July 12, 2005 2. CONSIDERATION OF A RESOLUTION MAKING FINDINGS REGARDING GENERAL PLAN CONSISTENCY FOR TENTATIVE PARCEL AN EXISTING 2.2 ACRE PARCEL INTO FOUR RESIDENTIAL LOTS GENERALLY LOCATED ON THE EAST SIDE OF VALLE ROAD APPROXIMATELY 200 FEET SOUTH OF THE MCCRACKEN HILL GATED ENTRY. (APN 675-331 -02) (APPLICANT: ANVARI ASSOCIATES COR PO RAT1 ON). MAP (TPM) 03-142, FORSTER ESTATES, AN APPLICATION TO SUBDIVIDE Mr. Ramsey said that the resolution contains findings that reflect the action of the Planning Commission on June 28, at which time the Commission concurred with staff recommendation that this Tentative Parcel Map was inconsistent with the General Plan Land Use Element and Community Design Element. Motion Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution No. 05-7-1 2-1 forwarding a recommendation of General Plan inconsistency for a proposed four lot parcel map on an existing 2.2 acre parcel located along the east side of Forster Ranch Road south of the McCracken Hill private gate (Assessor Parcel Number 675-331 -02 (Anvari Associates). AYES: Commissioners Cohen, Drey and Ratcliffe NOES: None ABSENT: Chairman Neely ABSTAIN: Vice Chairman Cardoza This motion passed by a vote of 3-0 with abstention by Vice Chairman Cardoza, due to his absence from the public hearing on this item. PUBLIC HEARINGS I. [CONTINUED FROM JUNE 14, 2005 PLANNING COMMISSION PUBLIC HEARING). CONSIDERATION OF A DEVELOPMENT AGREEMENT FOR REVISED TENTATIVE TRACT MAP (TTM) 14343, SAN JUAN MEADOWS, A REQUEST FOR APPROVAL OF A DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED ALONG THE SOUTH SIDE OF LA NOVIA AVENUE APPROXIMATELY 300 FEET EAST OF VALLE ROAD (APN: AND 04) (APPLICANT: ADVANCED GROUP SJ-99). 666-311-02, 03, Written Communications Staff report dated July 12, 2005 PC Meeting 4 July 12, 2005 Commissioner Cardoza asked if there are geological hazard concerns, would alterations be made to the TTM layout. Mr. Poulter said that adjustments would be made to achieve the 1.5 safety factor. Jean Parman, 32802 Valle Road, spoke in opposition to the project and said that traffic has increased since the 1998 approval of the Environmental Impact Report (EIR) and that page 24 of the EIR said the project exceeds AQMD gas flare emissions. Commissioner Cardoza asked if the EIR is subject to review. Mr. Ramsey said the EIR, certified in 1992 and amended and augmented in 1998, is not proposed for revision at this time; however, staff has determined that the environmental document is adequate for the development agreement because there are no changes proposed on the project other than a time extension. Commissioner Cohen noted that Article 9.9 references section 5.4 which doesn’t appear in the document. Commissioner Cohen asked if the City would suffer any damages if the applicant were to decide not to proceed due to unfavorable results of the geotechnical study. Mr. Sandoval said the City would not incur damages. Richard Reynolds, resident at Space 55 of Capistrano Terrace, spoke in opposition to the project because of potential geologic instability in the area. Commissioner Questions and Comments Commissioner Ratcliffe asked for clarification of Article 2.6. Mr. Sandoval said this provision states that the City Council could not adopt an Ordinance nullifying the agreement after the adoption of this Development Agreement. Commissioner Cardoza asked if the project needs to comply with new design guidelines adopted by the City regarding grading, setback, right-of-way treatment, equestrian alignment, and open space accessibility. Commissioner Cardoza asked if the Planning Commission or Design Review Committee (DRC) would have an opportunity to review the project in the future. Mr. Sandoval said that an Architectural Control application would come before the Planning Commission and that the Commission has wide discretion on design guidelines. Commissioner Cohen asked if Article 2.2 applies to hillside management. Mr. Sandoval said the project would need to comply with the Hillside Management policy in place in 1998. Ms. Bogh clarified that the AC application referred to by the City Attorney would pertain to the future senior housing site. Once a Tract Map is recorded on the , rest of the site, builders can pull building permits on individual lots without subsequent approval. When the applicant submits a Final Map, the City would PC Meeting 5 July 12, 2005 need to determine that the Final Map is in substantial compliance with the Tentative Map. The applicant’s goal is to leave the 1998 Vesting Map in place, and not make changes that would require approval of a new Tentative Map. However, staff and the applicant would be amenable to minor changes such as providing pedestrian connectivity from the ends of the cul-de-sacs into the park and re-routing of the equestrian trail, which could be found in substantial conformance with the existing Tentative Map. Commissioner Ratcliffe asked if a reduction in the usable sites due to wider geological problems would fall under the agreement. Ms. Bogh said it would be a judgment call after considering other project factors in terms of substantial conformance. Commissioner Cohen asked if staff has reviewed the project in light of additional traffic from Valle Road developments. Ms. Bogh said the EIR for this project included an ultimate build-out analysis. Mr. Shoucair said that the traffic studies show that the widening to be done is sufficient and that Valle Road will be widened to be two lanes in each direction. Commissioner Drey asked if language would need to be included regarding minor changes. Ms. Bogh said that wording would need to be developed at this meeting in order for the item to be brought to the upcoming City Council meeting. Mr. Ramsey said the Council approves landscaping by virtue of the stabilization plan and that mitigation 8.5 would typically be subject to DRC review. Commissioner Cardoza asked if today’s standards should be considered more applicable to the conditions. Mr. Sandoval said the Commission could either 1) shorten the time or 2) make a recommendation that today’s standards be applied to the Development Agreement. Commissioner Cohen asked if the City has the authority to extend the termination date on the Map that is due to expire in September 2005. Mr. Sandoval said that the Subdivision Map Act provides for a two-year extension of time. Any additional extension can only be granted with a development agreement. Mr. Shoucair said that the latest uniform codes and regulations will apply to street improvements and grading plans. Ms. Bogh said that recent projects have been conditioned to require that certain design items would go back to the DRC, and suggested similar wokding for the San Juan Meadows project. Mr. Ramsey said grading conditions are included in pages 11 and 12. Commissioner Cohen asked if the applicant could be tied to the current Land Use Conditions rather than the 1998 conditions. Ms. Bogh said that staff and the applicant are comfortable with small changes that are not going to substantially PC Meetinn 6 July 12, 2005 change the 1998 Map. Mr. Ramsey said there has been no change in Land Use Code provisions. Commissioner Cohen asked that the Commission review the grading plan Ms. Bogh suggested that staff provide wording to be included in tonight’s motion. Vice Chairman Cardoza called for a recess at 8:15 p.m. and reconvened at 8:33 p.m. Mr. Ramsey presented to the dais the following July 12, 2005 Planning Commission-recommended additions to the provisions of the Development Agreement for Vesting Tentative Tract Map (VTTM) 14343, San Juan Meadows: 1. Final design plans for the following design elements shall be subject to Design Review Committee review and approval prior to approval of any Final Map: a. Landscape plans for the La Novia Avenue and Street “A” streetscapes and for the project entries. b. Pedestrian pathways connecting the ends of cul-de-sacs to the planned private park, where feasible. c. Gate-guarded entry designs including gates, walls, control boxes, pavement, and related improvements. d. Landscaping on manufactured slopes in excess of 8’-0” which are subject to Homeowners Association maintenance. e. All retaining walls exceeding a height of 6’-0” measured from finished grade. f. The final trail alignment for the proposed General Plan equestrian trial connecting the City’s open space lands through the site to La Novia Avenue . g. The final improvement plans for the required private park designated as Parcel 14A on Revised Tentative Tract Map (TTM) 14343. h. The final improvement plan for the required recreational vehicle storage area including access, paving, fencing, lighting, and landscaping. 2. The geotechnical stability plan and overall grading plan for the Tentative Tract Map (TTM) shall be subject to Planning Commission review and recommendation. PC Meeting 7 July 12, 2005 ‘W 3. Any changes to the trail alignment for the proposed General Plan equestrian trial connecting the City’s open space lands through the site to La Novia Avenue shall be subject to review by the Parks, Recreation, & Equestrian Commission. 4. The required widening of Valle Road between La Novia Avenue and San Juan Creek Road shall be to “secondary arterial” standards. Commissioner Cohen suggested a shorter term agreement with an extension tied to some sort of performance on the part of the applicant. Rick Julian, owner, Advanced Group 99-SJ, said the principals of the partnership spent millions of dollars trying to solve the geotechnical problems, and are moving as quickly as possible with governmental agencies. It took four years to obtain the Landfill Closure Plan approval. The San Diego Regional Water Quality Control Board called in an expert from the State Water Resources Board to be a part of the approval processing. Ms. Bogh said that language could be added to Section 4.1 or 3.1 Vice Chairman Cardoza said the longer the project takes, the higher the fees become, and that the City would not be harmed by the project taking longer. Commissioner Drey said the site is probably one of the most difficult sites to build on in Orange County, and that he is satisfied with the wording on 3.1 and 4.1. Commissioner Ratcliffe said that any alteration to 3.1 or 4.1 should be very specific to prompt a rollover. Vice Chairman Cardoza asked if an update of progress could be submitted to the Planning Commission. Ms. Bogh said that wording could be added to 3.5, “The applicant shall submit a comprehensive review of progress at the end of three years to the Planning Commission.’’ Commissioner Cohen said that he would prefer an agreement that ties extensions and duration of the agreement to performance by the applicant. Motion Commissioner Drey moved, seconded by Commissioner Ratcliffe, to recommend City Council approval of a Development Agreement for Vesting Tentative Tract Map (TTM) 14343, San Juan Meadows, with addition of the four-point list from staff. AYES: Commissioners Cardoza, Drey and Ratcliffe C’ PC Meeting 8 July 12, 2005 NOES: Commissioner Cohen v ABSENT: Chairman Neely ABSTAIN: None The motion passed by a vote of 3-1. Commissioner Cohen stated that he did not oppose a Development Agreement on the project, but felt the document needed to be tighter with respect to the applicant's performance of their obligations to entitle them to a further extension. 2. CONDITIONAL USE PERMIT (CUP) 05-04, CAMINO REAL PLAYHOUSE, LOCATED AT 31776 EL CAMINO REAL. CONSIDERATION OF A REQUEST TO ALLOW THE SALE AND ON-SITE CONSUMPTION OF BEER AND WINE TO THEATRE PATRONS. (APN: 124-160-55) (APPLICANT: CAMINO REAL PLAYHOUSE). Written Communications July 12, 2005 Owner Community Redevelopment Agency, 32400 Capistrano, CA 92675 Applicant Camino Real Playhouse, Tom Scott, 31776 Capistrano, CA 92675 u Paseo Adelanto, El Camino Real, Staff presentation & recommendation Mr. Carlson presented the staff report as a request for Conditional San Juan San Juan Use Permit (CUP) 05-04; Camino Real Playhouse, located 'at 32400 Paseo Adelanto. Staff recommends that the Planning Commission adopt a resolution conditionally approving the proposed CUP. Public Hearing Tom Scott, applicant, 26422 Brookfield Road, said he would be happy to answer any questions, and asked if there would be a license renewal fee. Ms. Bogh said that once the CUP is granted by the City it runs with the land until the use changes. Mr. Scott said that high-quality wine would be purchased from a wholesaler. Motion Commissioner Cohen moved, seconded by Commissioner Drey, to approve Resolution No. 05-07-1 2-2 confirming issuance of a Categorical Exemption and approving a Conditional Use Permit allowing the sale of beer and wine for on-site ---..- PC Meeting 9 July 12, 2005 consumption. The project site is located at 31776 El Camino Real (Assessors Parcel Number 124-160-55) (Camino Real Playhouse). 'Y AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe ' NOES: None ABSENT: Chairman Neely ABSTAIN: None The motion passed by a vote of 4-0. UNFINISHED BUSINESS None NEW BUSINESS None COMMlSSlONlSTAFF COMMENTS Ms. Bogh said that Code Enforcement followed up on the large banner on top of McCracken Hill. Staff is looking into Village Dental signage and the applicant is trying to get a sign permit. Commissioner Ratcliffe asked about the vehicles stored at the Shell Station on J. Serra. Ms. Bogh said that Code Enforcement is following through and asked Commissioners to email her regarding any issues to be addressed by Code Enforcement. W Commissioner Ratcliffe said there is a rogue bonsai seller on Friday afternoons at the Oaks before the Rancho entrance. Ms. Bogh said it may be outside the City limits. Commissioner Cohen said there is lettering on the vehicle at the 99 Cent Store and asked about a plum colored sign at the shop next to Dietrich's in the Mission Promenade Building. Commissioner Cohen asked if staff could check to see if it is SDG&E or another utility is responsible for removal of the trees in front of the Mission Inn and the Walnut Grove. Commissioner Cardoza asked the status of the Master Plan for the Los Rios Park. Ms. Bogh said feedback was received from the public workshop and from some Council members. Staff met with the consultant to scale back to scale back designs to a natural, passive park area with open space. There will be one more public workshop before it is taken to hearing. PC Meeting 10 July 12, 2005 ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:17 p.m. The next regular meeting is scheduled for Tuesday, July 26, 2005, at 7:OO p.m. in the Council Chambers. L- Respectfully submitted, *v Molly gh Plan-ningbirector Ism