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PC Minutes-2005-08-0932400PASEOADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493- 1 171 (949) 493- 1053 FAX ~~~mi:su~~uat?caprstr.uf?o ot-g MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYAT HART JOE SOT0 DAVID M SWERDLIN MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, AUGUST 9,2005 CALL TO ORDER The meeting of the Planning Commission was called to order by Chairman Neely at 7:OO p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Tim Neely, Chairman 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 Ramsey, Principal Planner; William Cunningham, Contract Planner; Alan Oswald, Transportation Engineer; Justin Carlson, Assistant Planner; Keeton Kreitzer, Environmental Consultant; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JULY 12,2005 AND JULY 26,2005. Chairman Neely separated the minutes for individual consideration. San Juan Capistrano: Pt-eserving the Past to Enhance the Futwe rn t3 Prin:e3 cn recvced cacer PC Meeting 2 August 9,2005 Minutes Julv 12. 2005: Commissioner Cohen moved approval, seconded by Commissioner Ratcliffe, of the minutes of July 12, 2005. The motion passed by a vote of 4-0 with abstention by Chairman Neely due to his absence at the meeting, Minutes Julv 26, 2005: Commissioner Cohen moved approval, seconded by Commissioner Drey, of the minutes of July 26, 2005. The motion passed by a vote of 5-0. / NEW BUSINESS 1. GRADING PLAN MODIFICATION (GPM) 05-03, REED RESIDENCE AT 27712 SOMERSET LANE. A REQUEST TO CONSIDER A GRADING PLAN MODIFICATION TO PERMIT GRADING AND A 7-FOOT HIGH RETAINING WALL FOR A SINGLE-FAMILY RESIDENCE ON A 1.09 ACRE PARCEL, GENERALLY LOCATED ON THE WEST SIDE OF SOMERSET LANE AT THE BRET REED). INTERSECTION OF GOLDEN RIDGE LANE. (APN 650-561 -05)(APPLICANT: Written Communications Staff report dated August 9,2005 Owner/Applicant Bret H. Reed, Jr., 200 Garnet Avenue, Balboa Island, CA 92662 u Enaineer/Architect DCi Engineering, Inc., 1500 E. La Palma Ave., #I 17, Anaheim Hills, CA 92807 Staff presentation & recommendation Mr. Cunningham presented the staff report as a request for GPM 05-03, a request to grade an existing lot and construct a seven-foot high retaining wall to create a flat yard area for a custom single-family residence at 27712 Somerset Lane. Staff recommends that the Planning Commission conditionally approve the proposed project. Public Meeting Applicant Bret Reed asked if Condition 41 had been met. Ms. Bogh responded saying that the preliminary landscape plan had already been reviewed and is acceptable. She asked if the Commission feels that the final landscape plans are to go back to the DRC prior to issuance of the final building permit. Chairman Neely asked that the final landscape plans be returned to the DRC for review. t PC Meeting 3 August 9,2005 Motion Commissioner Drey moved, seconded by Commissioner Cohen, to approve / Resolution No. 05-8-9-1 adopting a Mitigated Negative Declaration and approving a grading plan modification for Tract 11753, Lot 21 for a proposed single-family home located at 2771 2 Somerset Lane (Assessors Parcel Number 650-561-05; Reed) with Conditions 41 and 42 retained as drafted, and subject to Design Review Committee review of final landscape plans. AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. 2. ARCHITECTURAL CONTROL (AC) 01-04, CAPISTRANO ANIMAL RESCUE EFFORT AT 30311 CAMINO CAPISTRANO: A REQUEST FOR AN EXTENSION OF TIME TO A PREVIOUSLY APPROVED ARCHITECTURAL CONTROL, ALLOWING THE ESTABLISHMENT AND OPERATION OF AN ANIMAL ADOPTION CENTER, GENERALLY LOCATED 1,500 FEET NORTH .b OF JUNIPER0 SERRA ROAD AND 60 FEET WEST OF CAMINO CAPISTRANO. (APN I21 -050-21)(APPLICANT: CAPISTRANO ANIMAL RESCUE EFFORT). Written Communications Staff report dated August 9, 2005 Applicant Capistrano Animal Rescue Effort (CARE), P. 0. Box 1089, San Juan Capistrano, CA 92693 Architect Jeff Parkhurst, 25512 Calle Jardin, San Juan Capistrano, CA 92675 Staff presentation & recommendation Ms. Bogh presented the staff report as a request for a time extension for AC 01- 04, a previously approved Architectural Control allowing the establishment and operation of an animal adoption center located at 30311 Camino Capistrano, (Applicant: Capistrano Animal Rescue Effort). She stated the project has not changed from the original approval, and that the applicant is actively raising funds to support construction of the project. PC Meeting 4 August 9, 2005 Therefore, staff recommends that the Planning Commission approve the proposed extension. Commissioner Questions and Comments Commissioner Cohen asked if there is a public policy reason why the Code only allows a 12-month extension as opposed to a longer period. Ms. Bogh said that the Code currently allows 12-month extensions. Mr. Sandoval stated that allows the Commission to review changes which might affect the project prior to approving annual extensions. /- Commissioner Drey asked the number of extensions that are permissible. Ms. Bogh said Section 9-2.313 of the Zoning Code states that the Planning Commission may grant extensions of AC approvals for an additional 12 months per request. Mr. Sandoval said that there is no limit on how many extensions the Planning Commission may grant. Public Hearing Mr. Phil Schwartze, 31682 El Camino Capistrano, representing CARE, noted corrections needed in the staff report, stating that a Tentative Tract Map has not been proposed, and asked that the address of the animal adoption center be corrected to 30303 Camino Capistrano. Commissioner Questions and Comments Vice Chairman Cardoza asked if the fund raising efforts would require several extensions. Mr. Schwartze said CARE has requested a loan from City Council, and further stated that the use of modular structures may be an option for substantially reducing construction costs. L Motion Vice Chairman Cardoza moved, seconded by Commissioner Cohen, to approve Resolution No. 05-8-9-2 approving an extension of time to Architectural Control 01-04 for an animal adoption center on a 33,000 square foot portion of the City’s northwest open space property located at 30303 Camino Capistrano and more precisely referred to as Assessors Parcel Number 121-050-21 (Capistrano Animal Rescue Effort). 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 5 August 9,2005 3. TREE REMOVAL PERMIT (TRP) 05-86, ROMERO RESIDENCE AT -I 33281 VIA MAYOR. AN APPLICATION TO REMOVE A LEMON-SCENTED EUCALYPTUS TREE, WITH A DIAMETER OF 30” AND AN APPROXIMATE PROPERTY. THE SUBJECT TREE IS LOCATED ADJACENT TO THE HEIGHT OF 60’-0” LOCATED AT THE SIDE YARD SECTION OF THE SIDEWALK ALONG CALLE JARDIN, GENERALLY LOCATED 20’-0 WEST OF VIA MAYOR AND 20’-0 NORTH OF CALLE JARDIN. (APN 668-212-11) (APPLICANT: GERALD ROMERO). Written Communications Staff report dated August 9, 2005 Owner/Applicant Gerald Romero, 33281 Via Mayor, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Carlson presented the staff report as a request for issuance of a Categorical Exemption and approving a Tree Removal Permit (TRP) for one Lemon-Scented Eucalyptus tree located at 33281 Via Mayor (APN 668-21201 I). Staff recommends that the Planning Commission approve TRP 05-86, subject to conditions of approval in the Draft Resolution. u Public Hearinq Jeff Parkhurst, 25512 Calle Jardin, stated the tree is highly visible in the neighborhood and asked staff to explore ways to save the tree. Commissioner Questions and Comments Vice Chairman Cardoza said that trees contribute to the image of the community, particularly in areas with a large number of 2-story structures. Commissioner Drey said he reluctantly agrees to have the tree removed, because it is impacting the sidewalk. Commissioner Ratcliffe voiced concern with stability of the tree due to its size and the growth of the tree over the sidewalk. Chairman Neely said that he would prefer eliminating the sidewalk instead of the tree . Ms. Bogh said page 5 could be altered to specify a species and location at which to plant a recommended replacement tree; however, there is a narrow planting area and other trees in the parkway. c PC Meeting 6 August 9,2005 The Planning Commission discussed the narrow planting space between the edge of sidewalk and retaining wall, and the presence of another smaller eucalyptus tree approximately 5 feet from the subject tree, and determined that a replacement tree is not needed at this location. Motion Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to approve Resolution No. 05-8-9-3 confirming issuance of a Categorical Exemption and approving a Tree Removal Permit for one Lemon-Scented Eucalyptus tree located at 33281 Via Mayor (APN 668-212-1 1) due to possible future hazards to traffic, pedestrians, general public, or property if the tree is preserved, and property damage to foundation, slab, wall, etc. or excessive nuisance problems caused by an existing tree. -/ AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. <-/ 4. TREE REMOVAL PERMIT (TRP) 05-93, WALKER RESIDENCE AT 28372 VIA ORDAZ. AN APPLICATION TO REMOVE ONE (1) FICUS MACROPHYLLA (MORETON BAY FIG), WITH A DIAMETER OF 32” AND AN APPROXIMATE HEIGHT OF 25’-0” LOCATED IN THE FRONT YARD OF THE EXISTING SINGLE-FAMILY RESIDENCE, GENERALLY LOCATED 245’-0 EAST OF VIA ESTENAGA AND 20’-0 SOUTH OF VIA ORDAZ. (APN 664-064- 04)(APPLICANT: MARY WALKER). Written Communications Staff report dated August 9, 2005 Owner/Applicant Mary Walker, 28372 Via Ordaz, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Carlson presented the staff report as a request for issuance of a Categorical Exemption and approval of a Tree Removal Permit (TRP) for one Ficus Macrophylla (Moreton Bay Fig) at 28372 Via Ordaz (APN 664-064-04). Staff recommends that the Planning Commission approve TRP 05-93, subject to conditions of approval in the Draft Resolution. c PC Meeting 7 August 9,2005 ‘v Commissioner Questions and Comments Commissioner Cohen voiced concern regarding the possibility of a number of tree removal requests as trees mature, because the ultimate size is not considered at the time trees are planted. Commissioner Drey suggested redesigning the walkways rather than removing the tree. Vice Chairman Cardoza noted this is a substantial expense and the tree will keep growing, necessitating more redesigns in the future. The Planning Commission discussed the suitability of leaving this tree in place in terms of its mature growth height and width, the need to redesign the front yard sidewalk around the tree, and the suitability of other slow-growing tree types for the area. Commissioner Ratcliffe said this is an extremely large tree at maturity and inappropriate at this location. She would be in favor of removing the tree and replacing it with a slower growing tree, and said that younger trees establish better. Chairman Neely reluctantly supported removal and replacement with a slower growing tree. Commissioners Cohen and Ratcliffe suggested that the homeowner be given guidance regarding the replacement tree. Ms. Bogh suggested adding the words “California native tree or other appropriate tree as approved by the Planning Department” to the conditions of approval. Chairman Neely said that when replacing a high-value tree the applicant should be required to provide a replacement tree. Motion Chairman Neely moved, seconded by Commissioner Cohen, to approve Resolution No. 05-8-9-4 confirming issuance of a Categorical Exemption and approving a Tree Removal Permit for one Ficus Macrophylla (Moreton Bay Fig) at 28372 Via Ordaz (APN 664-064-04) due to possible future hazards to traffic, pedestrians, general public, or property if the tree is preserved, and property damage to foundation, slab, wall, etc. or excessive nuisance problems caused by an existing tree; with modification of Condition 5 that requires the replacement tree species and size to be returned to the Planning Commission Consent Calendar for review. AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: None PC Meeting 8 August 9, 2005 ABSTAIN: None The motion passed by a vote of 5-0. 1 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 RELATED TO THE PREVIOUSLY-APPROVED MAMMOTH PROFESSIONAL BUILDINGS PROJECT (CONSISTING OF TWO OFFICE BUILDINGS TOTALING 98,197 SQ. FT. ON 11.5 ACRES): 1. AN AMENDMENT TO THE AREAS 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 PROGRAMS FOR PROJECTS IN THE AREA, INCLUDING UP TO TWO FREE- 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 August 23, 2005. Motion Commissioner Cohen moved, seconded by Chairman Neely, to continue the item v to the August 23, 2005 Planning Commission meeting. Ratcliffe, AYES: Commissioners Cohen, Drey and Cardoza, and Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. Vice Chairman Commissioner Drey said that graffiti had appeareb on the ... dmmoth property over the weekend. Ms. Bogh said that the Sheriffs department had apprehended the perpetrators at the scene. PC Meeting 9 August 9, 2005 Chairman Neely called for a recess at 8:lO p.m. and reconvened at 8:20 p.m. I 2. CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 03-02, REZONE (RZ) 04-01, DEVELOPMENT AGREEMENT, TENTATIVE PARCEL MAP (TPM) 2004-121, ARCHITECTURAL CONTROL [AC) 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 IOO-YEAR SPECIAL FLOOD HAZARD SITE IS GENERAL PLAN-DESIGNATED “I .I, OPEN SPACE RECREATION,” IS ASSISTED LIVING AND LA NOVIA AVENUE (APN 666-01 1-27). (APPLICANT: Continued from July 26, 2005 Planning Commission hearing. Written Communications Staff report dated August 9, 2005 Property Owner Capistrano Valley Golf L.P., c/o Roberto Brutocao, San Juan Hills Golf Club, 32120 San Juan Creek Road, San Juan Capistrano, CA 92675 i PC Meeting 10 August 9,2005 Architect Daniel Conrardy, AIA, Conrardy Design Group, 24672 San Juan Av., #104, Dana Point, CA 92629 Representative Kosmont Partners, Attn.: Larry Kosmont, 601 S. Figueroa Street, Suite 3550, Los Angeles, California 9001 7 Representative Daniel Friess, Friess Company Builders, Inc., 31658 Rancho Viejo Road, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Ramsey presented the staff report as continued consideration of GPA 03-02, RZ 04-01 , and Development Agreement, San Juan Hills Golf, Inc.; entitlements to establish General Plan and Zoning designations on a 10.5 acre parcel for senior housing development, relocate an existing golf course driving range on a 10.57 acre parcel, develop a new golf course club house and accessory improvements on a 4.5 acre parcel and allow certain conditional uses, develop improvements within a portion of the Regulatory 100-Year Special Flood Hazard District (SFHD), and develop golf hole #I on a 3.87 acre golf course parcel and a 2.5 acre public open space parcel to be leased from the City for golf course purposes (APN: 666-01 1-27). Staff recommends (1) that the Planning Commission review and focus on the policy issues related to the GPA and RZ applications, provide direction to staff as deemed appropriate, and continue the public hearing on this item to the August 23 meeting; and, (2) that the Planning Commission continue consideration of TPM 2004-121 , AC 04-06, CUP 04-01 , and FP 04-01 to the August 23 public meeting. Mr. Ramsey said that a letter from San Juan Capistrano resident Shigeru Kinoshita in support of the project was provided to the dais. Commissioner Questions and Comments Commissioner Cohen asked if the Sureguard storage facility near the project site also involved a GPA and Rezone from Open Space Recreation. Mr. Ramsey said that was correct. Public Hearing Applicant Roberto Brutocao said the applicant recently agreed to change the rezone request from AF/SH to the RM 8-18 zoning designation. Mr. Brutocao provided to the dais a depiction of an alternative strategy for San Juan Creek Road that does not involve a widening and a community benefits summary that was presented to City Council in November 2003. Mr. Brutocao said the staff report doesn’t take into account federal and State taxes of 24-25 percent of what PC Meeting 11 August 9,2005 L the property is sold for. Mr. Brutocao recommended that City Council establish a base zoning designation of RM, with restrictive covenants requiring that this residential project will be limited to residents 55 years of age or older. Commissioner Cohen asked Mr. Sandoval if a Development Agreement (DA) is needed or could covenants be put in place through the Rezone to guarantee to have the end product that is ultimately decided upon. Mr. Sandoval said that the age restrictions and affordability could be addressed through covenants but it would be difficult to insure that the property owner would not record another covenant quitclaiming those conditions. Commissioner Cohen asked if a DA would be the best way to address the City’s concerns. Mr. Sandoval said that a DA is a contractual relationship in which renegotiation is needed to change any provision, and that any changed conditions between this property owner and a new developer would have to be renegotiated. In a covenant a new application to the City Council would be required to change the conditions. A DA is a negotiated transaction versus a non- negotiated transaction. Commissioner Cohen asked if a subsequent purchaser would take the DA subject to the provisions of the DA. Mr. Sandoval said yes, and there could also be a similar provision in a covenant. Tom Hribar, 31911 Paseo Monte Vista, spoke in opposition to the project, because of the 10.5 acre high density housing component and traffic. He recommended reduction of the housing site to no more than 5 acres and questioned why the rezone should finance all of the golf course improvements. Mike Eggers, 27273 Via Capri, said that he and his wife are golf course members. He stated his support of the project and asked that the Planning Commission recommend approval of the GPA and Rezone. Mark Nielsen, 31621 Via Quixote, spoke in opposition to the project and asked that San Juan Creek Road not be widened, and asked that assurances of retention of rural character precede any GPA or Rezone approval. He stated more definition is needed for the housing site in the form of a plan. He requested that the lease agreement for use of City land for golf course purposes be contingent upon the golf course remaining open to the public. Commissioner Questions and Comments Commissioner Cohen asked how an Environmental Impact Report (EIR) or traffic analysis would factor in to the GPA and the Rezone. Mr. Sandoval said that an initial study is required by CEQA. Mr. Ramsey said that a fairly extensive Mitigated Negative Declaration (MND) was completed for the project which included a full traffic study which could be provided to the Commission. Ms. Bogh said the original proposed project included a congregate care facility and senior housing, and the traffic study was based on these uses which are typically lower traffic generators than apartment uses allowed in the RM zone. PC Meeting 12 August 9,2005 Chairman Neely asked if that traffic study considered the intersection of Valle Road and San Juan Creek Road, the underpass, and the ICU. Mr. Ramsey said the traffic study extends beyond Camino Capistrano and San Juan Creek Road and goes down to the Camino Capistrano 1-5 southbound ramps. Chairman Neely asked to see traffic impacts pre and post at the intersection complex of Valle Road, San Juan Creek Road, and Camino Capistrano. Mr. Ramsey said the initial study provides ICU values and HCM values for the intersections. He stated the traffic study will be provided to the Planning Commission. Commissioner Cohen asked who prepared the ground lease. Mr. Ramsey said that the City Manager’s Office oversaw negotiations with the applicant, and that Mr. Ramsey had made a note of Commissioner Cohen’s suggestion for wording in the event of default. Commissioner Ratcliffe stated her concern with the percentage of units offered as affordable housing. She noted that staff recommended 30 percent and the applicant proposes 20 percent; this 10 percent affordability difference is a 33 percent gap in the number of units. The principal public benefit of the rezone is provision of affordable housing. Mr. Ramsey said that the City looks for affordability for low- and very low-income households, and that the letter from Rutan & Tucker refers to 20 percent affordability from moderate- and low-income, which changes the level of commitment. Commissioner Ratcliffe requested additional information regarding use of covenants or a development agreement to tie down the affordability component of the project. Commissioner Cohen asked to see the pros and cons of a DA versus proceeding with restrictive covenants. Mr. Sandoval agreed to provide the information. Commissioner Drey said he is interested in affordable units and stated that the RM zone would generate a larger number of units. Vice Chairman Cardoza asked how the density of units would vary within the RM zone. Mr. Ramsey said there is an over-all density range provision within the General Plan. The RM zone allows from 8 to 18 dwelling units per acre. Mr. Sandoval said state law requires the City to grant additional bonuses for projects that include affordable housing units. Chairman Neely asked if a DA would be able to lock in standards now for the applicant to forego the density bonus as part of the terms of the DA. Mr. Sandoval said State law may trump the City’s ability to require a covenant versus a DA which is an arm’s-length negotiated transaction. Chairman Neely asked if the City can require a DA. Mr. Sandoval said the City Council has wide discretion on this application, because the City owns the PC Meeting 13 August 9, 2005 property which is the subject of the lease agreement, and the City can approve or deny legislative acts without required findings. John Ramirez, attorney for the applicant, 16 Laurelhurst, Ladera Ranch, said that he has been working with the applicant and that Federal and State law prohibits restricting affordable units to residents of San Juan. Mr. Ramirez discussed the difference between a DA and a covenant in the context of affordability and age- restrictions, and said that covenants run with the land and are recorded against the fee title to the benefit of the City and that the City can cancel those covenants at its discretion. Vice Chairman Cardoza asked for clarification on the RG-4000 zoning. Mr. Ramsey referred to the description of RG-4000, at 8 du/acre in Item 9 on page 2 of Attachment 3 of the staff report. Commissioner Cohen said he did not want to see the project approached in a piecemeal fashion. Chairman Neely said that the character for this area as identified in the General Plan should be maintained with no widening to San Juan Creek Road. At the crux is balancing provision of affordable housing with conservation of open space and protection of the rural atmosphere in the City. Chairman Neely said the RG 4000 recommendation would be preferable to 18 du per acre. Chairman Neely would like information from staff regarding locking in density in a Development Agreement. Commissioner Cohen said that during consideration of the Sureguard project years ago, residents voiced concern with “commercial creep” along San Juan Creek Road. Chairman Neely said the staff report does not support the need for widening the stretch of San Juan Creek Road between La Novia and Valle Road based on the proposed project. Chairman Neely said there is no need for four-lane improvements and that the street improvements in front of Chateau San Juan and Sureguard should be reverted back to an open space treatment similar to the frontage of the golf course. Vice Chairman Cardoza stated he would prefer a density lower than 18 du per acre and higher than 8 du/ac. Ms. Bogh asked if the Planning Commission would like staff to prepare resolutions recommending the GPA and zone change to the Council, and asked for designations and parcel size the Commissioners are looking for. Ms. Bogh said if the Planning Commission recommends 10.5 acres of RM zoning, that would yield 189 units and under SB 1818, which some future developer may want to invoke, that would yield another 28 units, for a total of 217 units. If 8 units maximum were recommended, that would yield a total of 96 units PC Meeting 14 August 9,2005 L. on the 10.5 acres including a 15 percent density bonus. Ms. Bogh asked if the Commission wishes to consider altering the size of the parcel slated for residential use. Commissioner Cohen asked if it would be premature to bring resolutions to the August 23 meeting if the Commission is still not certain on the direction to go. Ms. Bogh said that from staffs perspective the legislative portion of this project is critical, and because the quasi-judicial actions come later, it is more difficult for the City to deny projects that don’t meet the City’s intent if the GPA and Rezone are already approved. Ms. Bogh said one option would be to forward the GPA and Zone change to the City Council to get a Council decision on the density and the size of the parcel, which would allow the rest of the discretionary approvals for the golf course to follow through. Earlier the applicant alluded to the fact that this matter had previously been before the Council. Ms. Bogh clarified that under the Land Use Code the City Council must initiate a GPA by authorizing a study and this matter was brought to the City Council in late 2003 or early 2004 for initiating the study. The Council has not approved this GPA; they authorized staff and the applicant to study the matter further and bring back recommendations. Ms. Bogh suggested staff will prepare resolutions for the GPA and Rezone with blanks to be filled in at the August 23, 2005 Planning Commission meeting. Motion Commissioner Cohen moved, seconded by Vice Chairman Cardoza, to continue the public hearing on this item to the August 23, 2005 Planning Commission meeting, and take additional public testimony at that time. AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, and Chairman Neely NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. COMMISSION/STAFF COMMENTS Ms. Bogh recognized Bill Ramsey’s contribution to the Relay for Life by running 100 miles in 21 hours and raising over $3,000 for the Cancer Research Fund. PC Meeting 15 August 9,2005 ADJOURNMENT I There being no further business before the Commission, the meeting was adjourned at 10:15 p.m. The next regular meeting is scheduled for Tuesday, August 23, 2005, at 7:OO p.m. in the Council Chambers. Respectfully submitted, Planning Director Ism w VER 4/13 P m5-