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PC Minutes-2005-08-23L 32400 PASEO ADELANTO 5AN JUAN CAPISTRANO, CA 92675 , ,949) 493- 1 171 (949) 493- 1 053 FAX www. sanjuancapistrano org MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WAIT HART JOE SOT0 DAVID M SWERDLIN MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, AUGUST 23,2005 CALL TO ORDER The meeting of the Planning Commission was called to order by Vice Chairman Cardoza at 7:04 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Tim Neely, Chairman (arrived 7:05 p.m.) Robert Cardoza, Vice Chairman Sheldon Cohen Joe Drey Gene Ratcliffe Commissioners Absent: None Staff members in attendance: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney; William Cunningham, Contract Planner; Justin Carlson, Assistant Planner; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR None NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 05-107. WILLIAMS RESIDENCE AT PINE WITH A DIAMETER OF 31” AND AN APPROXIMATE HEIGHT 45”” LOCATED ON THE SIDE YARD OF THE EXISTING SINGLE-FAMILY RESIDENCE, GENERALLY LOCATED 300’-0” FEET NORTH OF VIA CORTA 33751 CALLE CONEJO. AN APPLICATION TO REMOVE ONE (1) ALEPPO San Juan Capistrano: Preserving the Past to Enhance the Future #B +3 Printed on recvcled Dater PC Meeting 2 August 23,2005 AND 20’-0” FEET WEST OF CALLE CONEJO. (APN: 675-043-06) (APPLICANT: MIKE AND STEPHANIE WILLIAMS) Staff is requesting that the Planning Commission continue this item to the Planning Commission meeting of September 13, 2005. \-- Mr. Carlson said that staff has requested that the applicant provide staff with a certified arborist report, and is requesting a continuance. Motion Commissioner Cohen moved, seconded by Vice Chairman Cardoza, to continue the item to the September 13, 2005 Planning Commission meeting. AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. ‘u 2. TREE REMOVAL PERMIT (TRP) 05-801, FORWARD RESIDENCE AT 28322 PASEO ESTABLO. AN APPLICATION TO REMOVE ONE (1) CALIFORNIA PEPPER TREE, WITH A DIAMETER OF APPROXIMATELY THIRTY SEVEN (37) INCHES AND THREE (3) EUCALYPTUS TREES WITH A DIAMETER OF FOURTEEN (14), FIFTEEN (15), AND TWENTY FIVE (25) INCHES LOCATED IN THE REAR PORTION OF THE SUBJECT PROPERTY. (APN 666-171 -35)(APPLICANT: VICTOR FORWARD) Written Communications Staff report dated August 23,2005 Applicant Victor Forward, 28322 Paseo Establo, San Juan Capistrano, CA 92675. Staff presentation & recommendation Mr. Carlson presented the staff report as a request for issuance of Tree Removal Permit (TRP) 05-081, an application to remove one (I) California Pepper tree and three (3) Eucalyptus trees located in the rear portion of the subject property located at 28322 Paseo Establo. PC Meeting 3 August 23,2005 L Staff recommends that the Planning Commission adopt a resolution approving the removal of three (3) Eucalyptus trees and denying the removal of one (1) California Pepper tree, based on the findings required by Section 9-2.349 of the Land Use Code. Commissioner Questions and Comments Commissioner Cohen asked if there is anything new with respect to the trees impacting the easement, storm drain, etc. Mr. Carlson said that staffs inspection did not reveal any new impact and that there was no compelling reason for removal. Vice Chairman Cardoza asked if soil or concrete is at the base of the tree. Mr. Carlson said field inspections did not reveal if there was a pathway or if it was part of a landscaping plan. Commissioner Cohen expressed concern regarding findings to support removal of the eucalyptus trees. Commissioner Ratcliffe and Vice Chairman Cardoza noted the proximity of the eucalyptus trees to the fence and other adjacent trees. Chairman Neely and Commissioner Drey stated they agreed with staffs recommendation to preserve the California Pepper tree. Vice Chairman Cardoza and Chairman Neely stated that they would be in favor of removal of Eucalyptus trees adjacent to the wrought iron fence. Commissioner Ratcliffe asked for clarification of which of the trees in the photograph were to be removed. Commissioner Cohen asked for clarification of the findings for justification of removal of the Eucalyptus trees. Ms. Bogh said the draft resolution finding is that the California Pepper tree does not interfere with utilities or structures, and its removal would result in loss of a substantial resource on the property; and the Condition of Approval states that the applicant shall replace the Eucalyptus trees with three (3) trees of a California Native variety or a variety more suited to the planting area, as approved by the Planning Commission. Motion Commissioner Ratcliffe moved, seconded by Vice Chairman Cardoza, to approve Resolution No. 05-8-23-1 confirming issuance of a Categorical Exemption and approving a Tree Removal Permit for three Eucalyptus trees, and denying a Removal Permit for one California Pepper tree, located at 28322 Paseo Establo (APN 666-171-35). AYES: Commissioners Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: Commissioner Cohen PC Meeting 4 August 23,2005 ABSENT: None - ABSTAIN: None The motion passed by a vote of 4-1. Commissioner Cohen clarified that he felt findings for removal of all the Eucalyptus trees were not supported by the staff report. PUBLIC HEARINGS 1. COMPREHENSIVE DEVELOPMENT PLAN (CDP) 90-2, ARCHITECTURAL CONTROL (AC) 03-09, MAMMOTH EQUITIES PROFESSIONAL BUILDINGS AT 29122 AND 29222 RANCHO VIEJO RD. THE PLANNING COMMISSION WILL REVIEW THE FOLLOWING PROPOSALS BUILDINGS PROJECT (CONSISTING OF TWO OFFICE BUILDINGS TOTALING 98,197 SQ. FT. ON 11.5 ACRES): 1. AN AMENDMENT TO THE AREA’S COMPREHENSIVE DEVELOPMENT PLAN TO: (1) ALLOW SIGN STANDING MONUMENT SIGNS; AND (2) ALLOW FINANCIAL SERVICE OFFICES FOR COMMERCIAL CUSTOMERS, WHILE CONTINUING TO PROHIBIT BANKS WHICH PROVIDE SERVICES TO THE GENERAL PUBLIC. 2. A SIGN PROGRAM. THE PROJECT SITE IS ON THE EAST SIDE OF RANCHO VIEJO ROAD BETWEEN VIA ESCOLAR AND SPOTTED BULL RELATED TO THE PREVIOUSLY-APPROVED MAMMOTH PROFESSIONAL PROGRAMS FOR PROJECTS IN THE AREA, INCLUDING UP TO TWO FREE- L/ LANE. (APN 650-01 1-32)(APPLICANT: JAMES GOODMAN, AIA) Staff is requesting that the Planning Commission open the hearing and continue this item to the Planning Commission meeting of September 13, 2005, to allow for notification of the item. Ms. Bogh stated that staff had not received the mailing list for this item in time to provide notice for this meeting; therefore] a continuance is requested. Motion Commissioner Cohen moved, seconded by Commissioner Drey, to continue the item to the September 13, 2005 Planning Commission meeting, AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: None ABSENT: None ABSTAIN: None PC Meeting 5 August 23, 2005 The motion passed by a vote of 5-0. v 2. CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT /GPA) 03-02, REZONE (RZ) 04-01, DEVELOPMENT AGREEMENT, TENTATIVE PARCEL MAP (TPM) 2004-121, ARCHITECTURAL CONTROL IAC) 04-06, CONDITIONAL USE PERMIT (CUP) 04-01, FLOODPLAIN LAND USE PERMIT (FP) 04-01, PUBLIC LAND LEASE. CAPISTRANO VALLEY GOLF L.P. HAS REQUESTED APPROVAL OF GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM “OSR” (OPEN SPACE A REZONE FROM “OSR” (OPEN SPACE RECREATION) TO “RM” FUTURE DEVELOPMENT OF SENIOR HOUSING ON A 10.5 ACRE PARCEL. THE PROJECT ALSO REQUESTS APPROVAL OF A TENTATIVE PARCEL MAP FOR FINANCING PURPOSES TO CREATE 4 PARCELS FROM A 29.2 ACRE PARCEL FOR THE SENIOR HOUSING, DRIVING RANGE, CLUB HOUSE, AND GOLF COURSE HOLE #I. THE ARCHITECTURAL CONTROL APPLICATION INCLUDES PROPOSED PRELIMINARY SITE AND ARCHITECTURAL PLANS FOR THE DEVELOPMENT OF THE NEW CLUBHOUSE FACILITY (13,830 GSF), CART BARN (10,920 GSF), 241 SPACE PARKING AND ACCESSORY IMPROVEMENTS. THE CONDITIONAL USE PERMIT IS REQUIRED FOR THE RELOCATION OF THE “DRIVING RANGE” AND TO ALLOW “LIVE ENTERTAINMENT AND “ALCOHOLIC BEVERAGE SALES” AT THE NEW CLUB HOUSE IN THE “OSR” (OPEN SPACE u RECREATION) DISTRICT. A PORTION OF THE PROPERTY TO BE DEVELOPED WITH CLUB HOUSE AND RELATED IMPROVEMENTS IS DISTRICT (SFHD) AND REQUIRES A FLOODPLAIN LAND USE PERMIT. FINALLY, THE APPLICANT REQUESTS THAT THE CITY LEASE A 2.5 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF SAN JUAN CREEK ROAD AND LA NOVIA AVENUE FOR GOLF COURSE PURPOSES TO ACCOMMODATE A PORTION OF GOLF COURSE HOLE #I. THE PROJECT ZONED “OSR” (OPEN SPACE RECREATION), AND IS LOCATED ALONG THE NORTH SIDE OF SAN JUAN CREEK ROAD BETWEEN CHATEAU SAN JUAN SAN JUAN GOLF, INC.) RECREATION) TO “2.5, HIGH DENSITY RESIDENTIAL (8.1-1 8.0 DU/ACRE)”, (RESIDENTIAL MULTI-FAMILY), AND DEVELOPMENT AGREEMENT FOR SITUATED IN THE REGULATORY 100-YEAR SPECIAL FLOOD HAZARD SITE IS GENERAL PLAN-DESIGNATED “1 .I, OPEN SPACE RECREATION,” IS ASSISTED LIVING AND LA NOVIA AVENUE. (APN 666-01 1-27). (APPLICANT: The applicant has requested that this item be continued to the regular Planning Commission meeting of September 27, 2005, to allow for additional time to respond to issues raised at the August 9, 2005 meeting. Ms. Bogh said that a letter had been received August 19, 2005 and presented to the Commission this evening from Ken Friess requesting a continuance of the item, and that staff requests that the item be continued to the Planning Commission meeting of September 27, 2005. PC Meeting 6 August 23,2005 Motion Commissioner Drey moved, seconded by Commissioner Cohen, to continue the item to the September 27, 2005 Planning Commission meeting. - AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. 3. ARCHITECTURAL CONTROL (AC) 04-08, AMENDMENT I. GATES AT 31601 AVENIDA LOS CERRITOS. A REQUEST TO CONSIDER A PROPOSED SIGN PROGRAM FOR AN APPROVED OFFICE BUILDING LOCATED GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA LOS CERRITOS AND EAST OF THE 1-5 FREEWAY. THE SIGN PROGRAM CONSISTS OF FREE-STANDING AND WALL-MOUNTED SIGNAGE FOR THE OFFICE BUILDING. (APN 650-1 51-17)(APPLICANT: ROBERT C. LENZ) Written Com m un ications Staff report dated August 23, 2005 b Owner Ortega Land Partners, LLP, 28546 Paseo Diana, San Juan Capistrano, CA 92675 Applicant Brad Gates, 28546 Paseo Diana, San Juan Capistrano, CA 92675 Architect Robert C. Lenz, 71 8 Avenida Columbo, San Clemente, CA 92672 Staff presentation & recommendation Mr. Cunningham presented the staff report as a request to consider a proposed sign program for an approved office building located at 31601 Avenida Los Cerritos. Mr. Cunningham said the two-item action before the Commission includes a broader issue of code interpretation relative to allowing monument signs in the CO Zone. The Planning Commission previously approved the project without the monument sign. The applicant is requesting a code interpretation to find that monument signs are allowed in the CO zone. Staff has researched prior codes PC Meeting 7 August 23,2005 back to the 1970’s and has contacted the consultant who prepared the Land Use Code Update, and determined that monument signs have historically been allowed in the CO zone and that the consultant did not alter the sign provisions. Therefore, staff is asking the Commission to make a finding that the omission of the CO Zone from the list of monument sign locations was due to clerical error, and that such signs are permitted in the CO Zone District. If the Planning Commission concurs that monument signs are a permitted use within a CO Zone, the next issue is the sign program for the Gates office building, consisting of legally required signs for handicapped parking and restricted access, a monument sign, and wall signs located on the west (freeway side) elevation of the building. Mr. Cunningham said that under provisions of the Zoning Code, smaller office developments are only permitted one free-standing monument sign. The DRC concurred with staff and suggested that the applicant eliminate the two tenant monuments and restrict identification to one monument sign located at the main entry. The DRC suggested that the applicant incorporate identification of one or two major tenants into the main monument or provide tenant direction and identification in the niche areas located under the covered walkways on either side of the main entry or within the main lobby of the building. Mr. Cunningham said that the DRC also suggested that the applicant redesign the main entry monument to be more uniformly curvilinear. Two members of the DRC concurred with the applicant’s request to provide wall signage on the freeway side (west) elevation of the building, and asked that signage not exceed eight signs. One member of the DRC felt it was not appropriate to have wall signage on the west elevation of the building. Staff recommends that the Sign Type “E” provision wording be re-written to clarify the size of wall signs and that the following be added to provision C.5: “Exposed ‘raceways’ and ‘can’ signs are expressly prohibited.” Staff recommends that the Planning Commission conditionally approve the proposed project, with one modification to add Subsection d to Condition 11 to state “The monument sign (Sign Type “A) shall be redesigned to be uniformly curvilinear.” Commissioner Questions and Comments Chairman Neely requested that the Commissioners be provided with the Proposed Sign Program and the DRC Minutes of August 4, 2005. Ms. Bogh said that staff apologizes for the clerical glitch and that staff would recommend continuation of this item to the Planning Commission meeting of September 13, 2005, so that the item could be brought back with all the attachments. PC Meeting 8 August 23, 2005 Public Hearing ‘- - Brad Gates, applicant, 28546 Paseo Diana, said that he concurs with continuing the item to the September 13, 2005 meeting, and further stated agreement with the wording changes to make each tenant sign, adopt, and be a part of the lease, and removing the two small monument signs as suggested at the DRC meeting. Motion Commissioner Cohen moved, seconded by Commissioner Drey, to continue the item to the September 13, 2005 Planning Commission meeting. AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. 4. GRADING PLAN MODIFICATION (GPM) 05-04, REID RESIDENCE AT 27541 SILVER CREEK DRIVE. A REQUEST TO PERMIT GRADING AND u CONSTRUCTION OF TIERED RETAINING WALLS TO SUPPORT A POOL AND OUTDOOR GATHERING AREA AT AN EXISTING SINGLE-FAMILY RESIDENCE. THE SUBJECT PROPERTY IS GENERALLY LOCATED 1000’-0’1 NORTHEAST OF HORN0 CREEK ROAD AND APPROXIMATELY 20’-0” WEST OF SILVER CREEK DRIVE. (APN: 650-241-08) (APPLICANT: STEPHEN & KAREN REID) Written Communications Staff report dated August 23, 2005 Owner / Applicant Stephen & Karen Reid, 27541 Silver Creek Drive, San Juan Capistrano, CA 92674 Engineer / Architect X-Scapes, Joe Geubert, 65 Enterprise, Aliso Viejo, CA 92656 Staff presentation & recommendation Mr. Carlson presented the staff report as a request to permit grading and construction of tiered retaining walls to support a pool and outdoor gathering area at an existing single-family residence located at 27541 Silver Creek Drive. PC Meeting 9 August 23,2005 Staff recommends that the Planning Commission adopt a resolution conditionally approving a Grading Plan Modification. L- Commissioner Questions and Comments Commissioner Drey asked for clarification of the retaining wall material. Joe Geubert, X-Scapes, design-build contractor for the project, said that the exterior walls would be a plaster stucco finish in a muted earth-tone color similar to the existing residence recently painted a tan-to-mustard color. The pool tile would be a natural stone, travertine-type material or a porcelain pool tile with a stone textured finish in an earth-tone color. Chairman Neely said that he recommended a wall color darker than the residence color. Vice Chairman Cardoza suggested that the Planning Department and DRC review the plant materials, and voiced concern that calcium and chemical deposits could be unsightly on the exposed side of the infinity pool when the water is not running. He stated this is a high-maintenance facility and the applicant should be aware of that. Commissioner Ratcliffe asked for clarification of the split rail fence between the trail and the open lot to the north. Chairman Neely said a fence will be provided between the property line and the trail, and that another fence now exists between the edge of the trail and adjacent open space. Commissioner Ratcliffe endorsed a dark wall finish, which would be viewed by the equestrian trail, and a less-formal landscape treatment transitioning to the open space. Motion Commissioner Drey moved, seconded by Vice Chairman Cardoza, to approve Resolution No. 05-8-23-2 adopting a Categorical Exemption and approving a Grading Plan Modification for Tract 6381, Lot 62 on an existing single-family home located at 27541 Silver Creek Drive (Assessors Parcel Number 650-241- 08), subject to staff Conditions. AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. PC Meeting 10 August 23, 2005 COMMISSION/STAFF COMMENTS u Ms. Bogh said that the Community Emergency Response Team training would occur on Thursday nights starting September 8, so unfortunately DRC members and staff cannot attend. Ms. Bogh asked Commissioners to contact Michael Cantor for further information if they would like to participate. Ms. Bogh announced that a meeting of the Mayor and Commission Chair people, tentatively scheduled for August 24, had been cancelled and would be rescheduled. Ms. Bogh said that joint workshops between the City Council and Planning Commission will be set within the next 45 days to discuss policy issues, and requested input from Commissioners regarding items to be placed on workshop agendas. * Vice Chairman Cardoza asked if registration had been made for Commissioners to attend the Planning Forum. Ms. Bogh said that staff is making reservations for Vice Chairman Cardoza and Commissioner Ratcliffe to attend the September 15, 2005 Planning Commissioners Forum. Commissioner Ratcliffe asked if further action had been taken on the trees in front of the Franciscan Plaza sign and Mission Inn sign. Ms. Bogh said that both tree removals are code enforcement cases. The Franciscan Plaza tree removal will be reviewed as part of an Architectural Control Modification application to be brought to the Planning Commission for the Plaza, in conjunction with other proposed improvements. b Commissioner Drey asked when that item would come before the Planning Commission. Ms. Bogh said that is unknown since an expanded application had not yet been received. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 755 p.m. The next regular meeting is scheduled for Tuesday, September 13, 2005, at 7:OO p.m. in the Council Chambers. Respectfully submitted , P la nn i n g b i rector Ism