PC Minutes-2005-07-1232400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493- 1 17 1
(949) 493- 1053 FAX
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www sanjuancapistrano. org
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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
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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
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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
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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.
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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.
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Respectfully submitted, *v Molly gh
Plan-ningbirector
Ism