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.
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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