PC Minutes-2005-09-2732400PASEOADELANTO
USAN JUAN CAPISTRANO. CA 92675
(949) 493- 1 17 1
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(949) 493- 1053 FAX
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, SEPTEMBER 27,2005
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
WYAT HART
JOE SOT0
DAVID M SWERDLIN
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; Sam Shoucair, Senior
Engineer; Teri Delcamp, Historic Preservation Manager; David Contreras,
Associate Planner; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
None
PUBLIC HEARINGS
- USE PERMIT (FP) 04-01, PUBLIC LAND LEASE. CAPISTRANO VALLEY GOLF
Sun Juan Capistrano: Preserving the Past to Enhance the Future
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PC Meeting 2 September 27,2005
L.P. HAS REQUESTED APPROVAL OF GENERAL PLAN AMENDMENT TO
u 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
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
u 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:
Written Communications
Staff report dated September 27, 2005
Property Owner
Roberto Brutocao, c/o Capistrano Valley Golf L.P., 32120 San Juan Creek Road,
San Juan Capistrano, CA 92675
Architect
Dan Conrardy, AIA, Conrardy Design Group, 24672 San Juan Ave., #104, Dana
Point, CA 92629
Representatives
larry Kosmont, Kosmont Partners, 601 S. Figueroa Street, Suite 3550, Los
Angeles, CA 9001 7 W
PC Meeting 3 September 27, 2005
‘V
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Dan 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 a proposed
project reviewed by the Planning Commission on July 26 and August 9. The
applicant is asking for land use approvals to shift the existing driving range to the
east and develop a club house, cart barn and other facilities on the property. The
applicant is also requesting to rezone 10.5 acres from Open Space to High
Density Residential in order to develop senior affordable housing on this portion
of the site. Staff recommends that the Planning Commission separate the
applications and discuss the broader land use issues associated with the Rezone
(RZ) of the General Plan Amendment (GPA) first. Staff recommends that the
Planning Commission continue the AC 04-06, FP 04-01, CUP 04-01 and other
applications to a future date after City Council has taken action on the GPA and
RZ.
Mr. Ramsey said the applicant has revised the application to request approval of
a GPA to change the land use designation from “OSR” to 2.5, High Density
Residential (8.1-1 8.0 du/acre).
Mr. Ramsey said that the traffic study’s link analysis determined that the
proposed project would not require widening of San Juan Creek Road along the
frontage, as described on page 4 of the staff report.
Mr. Ramsey referred to the August 16 memorandum from John Shaw, City
Attorney, which provided an analysis of the advantages and disadvantages of
Conditions, Covenants & Restrictions (CC&Rs) to a Development Agreement in
assuring the project provides an affordability component.
Mr. Ramsey said that the property is not entitled to a “density bonus” according
to provisions excerpted from California Government Code which were included
on page 5 of the staff report, because the residential zoning is not yet adopted.
Staff recommends that should the City Council approve a GPA amending the
land use designation for a portion of the existing golf course from “1 .I, Open
Space Recreation” to a residential designation, the City should include provisions
to assure the project includes 30% “affordable” housing.
Mr. Ramsey reviewed alternatives to the applicant’s proposal listed on pages 8,
9, and 10 of the staff report. He stated staff is recommending a redesignation of
four acres for housing at a maximum density of 15 units per acre.
Commissioner Questions and Comments
Commissioner Cohen asked for clarification on the use of the remaining 6.5
acres if only rezoning 4 acres. Mr. Ramsey said the balance of the 6.5 acres
would be included in the over-all design of the golf course.
PC Meeting 4 September 27,2005
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Commissioner Ratcliffe asked if staffs recommendation on the GPA would yield
a total of 42 dwelling units, with 30 percent of 18 units on one acre of affordable,
or fewer than six units of affordable housing. Mr. Ramsey said that 30 percent of
the entire project would be affordable units.
Commissioner Ratcliffe asked if the future road crossing of the trail close to Plant
Depot had been taken into account on the traffic studies and if there would be a
signalized crossing there. Mr. Ramsey said that the crossing needs to occur to
the east of Valle Road and would include a rider or pedestrian-actuated signal.
Commissioner Drey asked the number of units in Chateau San Juan. Mr.
Ramsey answered 11 1 units. Commissioner Drey said since the January traffic
study was based on 420 units, that at 11 8 units the number of trips would be cut
down, and with staff recommendation it would be about one-tenth the number of
trips.
Vice Chairman Cardoza asked if there would be a different parking ratio
requirement. Mr. Ramsey said that parking standards are based on the type of
residential use.
Commissioner Cohen asked that the density of 15 units per acre be lessened
after seeing the conceptual development plan included in the agenda packet. He
asked if the maximum density is considered to be guaranteed. Mr. Ramsey said
the Commission has discretion to approve a project with less density, although
the maximum number creates an expectation on the part of the applicant, even
though it is not a guarantee.
Public Hearing
Roberto Brutocao, one of the Co-General Partners of the golf course, presented
to the dais a petition signed by approximately 170 members of the community in
support of the project. Mr. Brutocao said the community prefers the proposed
project over other allowed facilities that could be built on the property in the OSR
zone. Mr. Brutocao said that the applicant initiated the GPA with a 10.9 acre
parcel in mind.
Phil Schwartze, 31872 San Juan Creek Road, spoke as a neighbor and a
representative of the applicant, saying that the seniors housing would be a
preferable use to other allowed facilities. Mr. Schwartze spoke in support of trail
linkages of riding and hiking trails along the north side of San Juan Creek Road,
crossing over to the south side and linking up to trail linkages on the “old hotel”
side through San Juan Meadows. Mr. Schwartze presented to the dais a revised
recommendation from the land owner that recommends the PC designation on
the General Plan and the PC on the zoning for 10.5 acres.
Chairman Neely asked if the draft Architectural Concept Plan included in the
agenda report was for the 10.5 acres. Mr. Schwartze said that it is a concept plan
that shows that the total number of units requested can fit in that project. Mr.
PC Meeting 5 September 27, 2005
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Schwartze said he believes 8 to 18 will work. Chairman Neely asked how many
stories this represents. Mr. Schwartze said it is a two-story elevation.
Vice Chairman Cardoza asked if the over-all density is 18 versus the 15 that staff
recommended. Mr. Schwartze said the concept plan shows high density which is
8-1 8du/acre, duplicating the high density multiple family zoning. Mr. Ramsey said
there are two changes shown on Mr. Schwartze’s handout: 10.5 acres and 18
dwelling units per acre instead of 15.
Commissioner Cohen asked if there was a reason staff proposed 4 acres rather
than 10.5. Mr. Ramsey said that staff’s recommendation was the City’s
Conservation Open Space Element and the character and pattern of
development along the San Juan Creek corridor. Staff felt it was possible to
minimize the amount of acreage and retain the open space corridor by providing
a reduced residential component to meet some of the applicant’s objectives.
Ms. Bogh referred to Exhibit 2 Proposed Site Plan in the staff report, showing a
four acre City-owned Parcel D at the northwest corner of La Novia and San Juan
Creek Road. The Planning Commission would be acting on behalf of the property
owner, Le. the City, in making a recommendation to the City Council as to
whether or not they should lease this property for this use. Ultimately the City has
control as a partial property owner as well as the legislative body. The exhibit
indicates that the land to be leased appears similar to the proposed housing site,
and that the exchange of land uses was intended to be “quid pro quo.”
Bertha Henry Taylor, 32353 San Juan Creek Road, 20-year resident at Chateau
San Juan, spoke in favor of open space, the golf course, and against a high-rise
building on the golf course.
Dale Woytek, Executive Director of Atria Chateau San Juan, spoke on behalf of
the residents and said that traffic is a concern since seniors walk along San Juan
Creek Road every day.
Connie Kuhlmann, 27212-B Via Capote, resident of San Juan Hills West, said
that the many representatives here tonight from San Juan Hills West are in favor
of the applicant’s proposal, and that there should be traffic control between Valle
Road and La Novia.
George Hammersley, 27191 B Calle Caballero, President of Block 1 of San Juan
Hills West, said his block totally supports the applicant’s proposal.
Tom Hribar, Paseo Monte Vista, spoke in support of the staff recommendation
and in opposition to the proposed structure.
Bob Savanich, 27373 Paseo Ravenna, resident of Mesa Vista North Town
Homes and on the Board of the San Juan Hills Men’s Club since 1996, spoke in
support of the applicant’s proposal.
PC Meeting 6 September 27,2005
John Perry, 32175 Via Barrita, spoke in support of the applicant‘s proposal.
Larry Oien, 27151-B Capote De Paseo, resident of San Juan Hills West, spoke in
support of the applicant’s proposal.
Armando Sotello, 27212 Via Capote-C, resident of San Juan Hills West and part-
time employee at the driving range, spoke in support of the applicant’s proposal.
Donna Fogt, 27241-B Via Callejon, resident of San Juan Hills West, spoke in
support of the applicant’s proposal.
Commissioner Comments
Commissioner Ratcliffe said that GPAs and Rezones are important to the City,
that affordable housing is needed, and the exchange needs to be equitable to the
City.
Commissioner Cohen said he would support the land use change and protection
to the City ensuring public access to the golf course if the golf course would
become private. Commissioner Cohen said that he would like to see the finished
residential project prior to making a determination on the allowed units per acre.
W
Vice Chairman Cardoza said that the Design Review Committee (DRC) and
Planning Commission would be looking closely at the design, and that 4 acres or
10.5 acres depends on the relationship of the land areas and structures, and that
parking on the perimeter is not appealing.
Commissioner Drey said the golf course is an exceptional design and an asset to
the community, although he is concerned about the open space. The 189 units
are too much and the concept plan is too intense and not visually appealing from
the street.
Chairman Neely said that he agreed with Vice Chairman Cardoza and
Commissioner Drey, and that the 4 acre versus 10.5 acres is not as important as
the frontage along San Juan Creek Road. If the City Council approves the project
with the intensity range from 8 to 18 units/acre, the design would need to be
visually appealing.
Commissioner Cohen said that the end result would need to be looked at, and
suggested forwarding the recommended density range to City Council.
Commissioner Ratcliffe agreed with Commissioner Cohen on the density range
and agreed with Vice Chairman Cardoza regarding the appearance of the
parking area, and retaining the affordability component.
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PC Meeting 7 September 27, 2005
Vice Chairman Cardoza said the density is relative to the size of the unit, and
that the DRC and Planning Commission would be looking for usable open space.
Chairman Neely asked if there is an open space ratio in any of the requested
districts. Ms. Bogh said in the residential districts there is a percent of site that
cannot have buildings on it, but this is not the same as a requirement for useable
open space. Ms. Bogh said that the use of the Planned Community (PC) General
Plan designation allows wording to be added to the text of the General Plan. One
of the options the Planning Commission has in recommending a PC General
Plan designation is to define some parameters to be included in the text of the
General Plan in terms of the amount of frontage on San Juan Creek Road, the
amount of area within the site that should be usable open space, and any
pathways or integration between the riparian area along the creek and trails. With
that designation you’re not confined to using the 8 to 18 range. The PC
designation is open to the types of standards that the Planning Commission
wants to tie to it, and the future plan would have to come in under those
standards.
Commissioner Cohen asked if the right time to establish the criteria is tonight.
Ms. Bogh said staff recommends that criteria be established. Staff has
recommended a maximum density of 15 under the PC designation, and is trying
to create a range of options for the Commission to consider. The Planning
Commission may want to put in the General Plan a mixture of densities or a
mixture of one- and two-story units with a maximum density no greater than X.
Commissioner Drey agreed with Commissioner Cohen’s comments regarding the
number of units and agreed with Vice Chairman Cardoza’s usable green open
space comment. Commissioner Drey stated he supports visual open space from
the street in substantial landscape setbacks.
Chairman Neely agreed with Ms. Bogh’s suggestion to be more precise in the PC
General Plan designation regarding recommendations to City Council regarding
the residential portion of the project, and the mixture of one- and two-stories. He
stated the percent of frontage or open space would be tough to do without
looking at site alternatives and designs. Staffs recommended density of 15 might
be a more realistic cap than 18. Chairman Neely asked staff to come up with
alternatives to give City Council a range of design options to consider beyond the
mixture of one- and two-story and the maximum of 15 du/acre.
Commissioners Cohen, Ratcliffe and Drey and Vice Chairman Cardoza agreed
with minimizing the frontage development, and that the number set as a cap
would not be a consensus for the ultimate build-out.
Vice Chairman Cardoza said there should be a green buffer on all sides including
street frontage, the driving range and the riparian corridor as well as a buffer
between Chateau San Juan and the proposed project.
PC Meeting 8 September 27,2005
Chairman Neely said he would be hesitant to recommend buffer dimensions prior
to seeing the site plan. u
Commissioner Ratcliffe asked if a CDP would be a portion of a PC designation
that would include affordable covenants at a later point. Ms. Bogh said that would
come at a later point.
Chairman Neely said that 15 units to the acre is not a guarantee and that the
quality of the design in meeting the other objectives will determine in large part
what is an achievable density for the site.
Mr. Ramsey said the Planning Commission could incorporate reference to the
density provisions of the Land Use Element which indicate that anything more
than the average density within a given density range requires that a project
meets certain objectives including exceptional design and public amenities above
and beyond what would normally be expected.
Chairman Neely said that the Planning Commission is attempting to do the same
thing, but in a more customized manner.
Motion
Chairman Neely moved, seconded by Commissioner Cohen, to approve
L Resolution No. 05-9-27-1 recommending
(1) City Council approval of a General Plan Amendment (GPA) 03-02 and
Rezone (RZ) 04-01 for a parcel located along the north side of San Juan
Creek Road and east of Chateau San Juan and more precisely referred to
as part of Assessors Parcel Number(s) 666-01 1-27 (Capistrano Valley
Golf, LP) as follows:
(a) a General Plan Amendment (GPA) to the “PC” (Planned
Community) land use designation to “100% - 2.5, High Density
Residential” use for a 10.5 acre portion of the existing driving range
with a maximum overall density of 15.0 du/ac (dwelling units per
acre) and consisting of:
a minimum 30% affordable housing units (20% “low” and
10% “very low” income households)
a maximum 70% market rate housing units
0 age-restricted to age 55 years or older
0 mix of 1 & 2 story structures
significant buffering at perimeter of site with landscaped
open space (provide illustratives to City Council)
0 actual density shall be determined based upon site design,
and may not be maximum allowed.
PC Meeting 9 September 27, 2005
(2) Rezone to the “PC” (Planned Community) Zone District for a 10.5 acre
portion of the existing driving range at a maximum overall density per the
General Plan and affordability provisions per the General Plan (note: a
Comprehensive Development Plan establishing use and development
standards would be subject to future City review and approval in
conjunction with the Architectural Control application) and with age
restricted housing to persons 55 years of age or older).
u
(see Attachment 1, Draft Resolution 05-9-27-x Recommending Approval
of a General Plan Amendment (GPA) 03-02 and Rezone (RZ) 04-01); and,
(3) continue consideration of Tentative Parcel Map (TPM) 2004-1 21,
Floodplain Land Use Permit (FP) 04-01, Architectural Control (AC) 04-06,
Conditional Use Permit (CUP) 04-01, and the Land Lease pending a final
decision by the City Council on the legislative applications; and,
(4) table consideration of a Development Agreement until such future date
that the developer of the senior housing site submits and processes a
Rezone application (zoning text amendment establishing a
Comprehensive Development Plan).
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman
Cardoza, Chairman Neely
u
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 5-0.
Chairman Neely called for a recess at 8:45 p.m. and reconvened at 9:00 p.m.
2. CONSIDERATION OF REZONE 03-05, MISSION HILL-MISSION FLATS
NEIGHBORHOODS. A PROPOSED ZONING ORDINANCE AMENDMENT
ESTABLISHING THE MRD-4,000 ZONING DISTRICT AND A ZONING MAP
AMENDMENT REZONING THE 27.4 ACRE MISSION HILL-MISSION FLATS
PLANNING AREA TO THE “MRD-4,000” (MISSION RESIDENTIAL DISTRICT-
4,000 SF LOT MINIMUM) ZONE DISTRICT (APPLICANT: CITY OF SAN JUAN
CAP I ST RAN 0)
Written Communications
September 27,2005
PC Meeting 10 September 27,2005
Staff presentation & recommendation
Mr. Ramsey presented the staff report as consideration of a proposed zoning
ordinance amendment establishing the MRD-4,000 Zoning District and a zoning
map amendment rezoning the 27.4 acre Mission Hill-Mission Flats Planning Area
to the “MRD-4,OOO” Zone District. Goals are to maintain the character of
development within this neighborhood and appropriately treat historic buildings
and historic resources. The draft “MRD-4,000” zone district use standards would
establish the Mission Hill-Mission Flats neighborhoods as single family detached
residential districts. Duplex and multi-family structures, now permitted under the
current zoning standards, would not be permitted. The ordinance also contains
design guidelines and standards to maintain neighborhood character.
Staff recommends that the Planning Commission receive the staff report, open
the public hearing, provide direction to staff on revisions to the draft ordinance as
deemed appropriate, and continue consideration of this item to the October 11
public hearing. At that time staff will present a resolution for Planning
Commission consideration.
Commission Questions and Comments
Vice Chairman Cardoza asked if building permits had been issued for the duplex
condo project. Mr. Ramsey said building permits had not been issued and that it
would become a legal non-conforming use, if constructed.
Vice Chairman Cardoza asked if the proposed 3’ side and rear yard instead of 5’
setbacks for garages are acceptable to the Fire Department. Mr. Ramsey said
that current Code provisions allow a zero lot line and that the 3’ would allow for a
minimum 6’ separation. During the building permit process the Fire Authority
would look at individual structures and would either impose standards on access
that may require additional setback or may require that structures be constructed
to a certain fire rating.
Chairman Neely asked if these development standards would not require any
discretionary permit, and that staff would be making interpretations about
architectural compatibility and consistency over the counter. Mr. Ramsey said
that is correct and that the DRC would have a role on occasions when a
particular project may not meet provisions or design objectives. Ms. Bogh said
that Section A(2) on page 11 of the draft ordinance says “If the Planning Director
determines that the project does not meet the requirements of this section, the
Planning Director may deny the project or may forward it to the Planning
Commission for review.”
Commissioner Neely asked what happened to the DRC. Ms. Bogh said we
always have the opportunity to bring projects to the DRC, but ultimately this is
giving the Planning Commission discretion if staff feels that the project does not
meet this ordinance.
PC Meeting 11 September 27,2005
Chairman Neely asked if this was worked on with residents from the community.
Mr. Ramsey said it was put together after three workshops with residents.
Public Hearinq
Angela Duzich, 31372 Don Juan Avenue, spoke in favor of the ordinance, and
asked the following questions: 1) if the secondary dwelling could be limited to
being detached and if there would be a setback between the main house and the
detached accessory dwelling unit; 2) if the detached accessory dwelling unit can
be limited to single story or have a height restriction; and 3) that metal roofing be
allowed provided it is not of a reflective material. Ms. Duzich said architects may
approach the City to design the ordinance to satisfy their development needs.
Chairman Neely asked Ms. Duzich if curbs and gutters were wanted. Ms. Duzich
said that there is no room for sidewalks and there are no curbs and gutters,
except maybe in the flats. Ms. Duzich suggested any road widening be done on a
case-by-case basis where extra parking may be needed.
Orrie Brown, 31481 La Matanza Street, spoke in favor of the ordinance and in
opposition to curbs and gutters or sidewalks.
Commissioner Questions and Comments
Commissioner Drey said that he is in favor of the ordinance.
Vice Chairman Cardoza asked if metal roofing would require a Conditional Use
Permit. Ms. Bogh suggested that the following wording replace the wording in
Section B (3) on page 11 “Metal roofing may be allowed provided that it is not
reflective and resembles natural material.”
Vice Chairman Cardoza asked if there should be restrictions on the types of
vehicles on the narrow streets. Mr. Ramsey said that might best be handled
through traffic control. Ms. Bogh said that parking vehicles over 72 hours is
already regulated by the Vehicle Code.
Vice Chairman Cardoza asked about the excess driveway paving. Ms. Bogh said
a standard on page 12 limits the paving, allows divided driveways, and says that
not more than forty percent of the front yard area may be paved.
Commissioner Ratcliffe agreed with Vice Chairman Cardoza on the metal roofs.
Chairman Neely suggested that metal clad roofs be in a dull finish with a color
that blends in with the architecture, and that there are numerous architectural
styles.
Commissioner Cohen said that item B (5) covers highly reflective materials and
that item B (3) could be eliminated.
PC Meeting 12 September 27,2005
Chairman Neely suggested clarifying “No more than 35 percent of the building
frontage should be occupied by garage doors” as a linear ratio. ‘U
Chairman Neely suggested setting guidelines for architectural style by saying the
architecture should be reflective of architecture that already exists in the
neighborhood.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to continue the
item to the October 11, 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 MODIFICATION, GATES
-d OFFICE BUILDING AT 31601 AVENIDA LOS CERRITOS. A REQUEST TO
INSTALL AN ATM MACHINE ON THE BUILDING FACADE FOR AN
APPROVED OFFICE BUILDING LOCATED ON THE WEST SCDE OF AVENIDA
LOS CERRITOS AND EAST OF THE 1-5 FREEWAY. INCLUDED IN THIS
AGENDA ITEM IS A CODE INTERPRETATION RELATIVE TO THE REQUIRED
BRAD GATES)
PARKING FOR A COMMERCIAL BANK. (APN: 650-1 51-17) (APPLICANT:
Written Communications
September 27, 2005
Owner
Cerritos Land Partners, LLP, 28546 Paseo Diana, San Juan Capistrano, CA
92675
Applicant
Brad Gates (Same as Owner)
Architect
Robert C. Lenz, 71 8 Avenida Columbo, San Clemente, CA 92672
Staff presentation & recommendation
Ms. Bogh presented the staff report as a request to install an ATM machine on
the building fagade for an approved office building located at 31601 Avenida Los
L
PC Meeting 13 September 27, 2005
Cerritos. Included in this agenda item is a code interpretation relative to the
required parking for a commercial bank. b
Staff recommends that the Planning Commission approve the applicant’s
request.
Public Hearinq
Applicant Brad Gates, 28546 Paseo Diana, said almost all of the operations of
this commercial business bank are done by either courier or personnel going to
the location of the business client. There are 51 parking spaces on the site and
the bank is asking for 21 spaces, leaving a balance of parking spaces that
wouldn’t be used.
Commissioner Cardoza asked if there would be additional signage for the ATM
machine. Mr. Gates said that he didn’t believe there would be additional signage.
Ms. Bogh said that Condition 12 requires that the signage and lighting for the
ATM be brought back to the DRC.
Commissioner Comments
Commissioner Ratcliffe voiced concern that the ATM would draw other people to
the area.
Commissioner Cohen said that there are enough ATMs around that the ATM
would probably be used primarily by the patrons of the building. u
Chairman Neely voiced concern with the ATM lighting and asked that it be
minimal.
Motion
Commissioner Cohen moved, seconded by Vice Chairman Cardoza, to approve
Resolution 05-9-27-2 conditionally approving a modification to Architectural
Control (AC) 04-08 for an ATM and bank parking for the Gates Office Building on
approximately .838 acre of land located at 31601 Avenida Los Cerritos (APN
650-1 51-1 7).
AYES: Commissioners Cohen, and Drey, Vice Chairman Cardoza,
Chairman Neely
NOES: Commissioner Ratcliffe
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 4-1.
PC Meeting 14 September 27, 2005
4. CONDITIONAL USE PERMIT (CUP) 05-01, ARCHITECTURAL
W CONTROL (AC) 05-03, ZONING VARIANCE (ZV) 05-04, TREE REMOVAL
PERMIT (TRP) 05-080, LECK HOUSE AT 31861 LOS RlOS STREET. A
REQUEST FOR APPROVAL TO 1) ALLOW THE CONVERSION OF THE 1,641
SQUARE FOOT ARLEY LECK HOUSE FROM RESIDENTIAL TO
PUBLIC/MUSEUM USE; 2) ALLOW ENCROACHMENT INTO THE REAR
SETBACK; 3) NOT PROVIDE THE REQUIRED SIX PARKING SPACES FOR
THE MUSEUM USE; AND REMOVAL OF TWO MATURE EUCALYPTUS
HISTORICAL SOCIETY)
TREES. (APN 121-160-48) (APPLICANT: SAN JUAN CAPISTRANO
Written Communications
September 27,2005
Own e r/A p p I i ca n t
Tom Ostensen, San Juan Capistrano Historical Society, 31831 Los Rios Street,
San Juan Capistrano, CA 92675
Enaineer/Architect
Fabio Escobar Jr., RBF Consulting, 14725 Alton Parkway, Irvine, CA 92618-2027
Staff presentation & recommendation
Ms. Delcamp presented the staff report as a request for CUP 05-01, ZV 05-04,
TRP 05-080; Leck House Museum. The San Juan Capistrano Historical Society
has requested approval of several discretionary applications to allow the Leck
House to be converted and used as a museum.
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Staff recommends that the Planning Commission
1. Adopt a resolution approving an addendum to the previously approved
Negative Declaration and approving CUP 05-01 to allow the conversion of the
Arley Leck House from residential to public/museum use at 31861 Los Rios
Street, based on the required findings; and
2. Adopt a resolution approving an addendum to the previously approved
Negative Declaration and approving ZV 05-04 and TRP 05-080 to allow an
encroachment into the rear setback; relief from the requirement to provide six
parking spaces for the museum use; and the removal of two mature eucalyptus
trees at 31861 Los Rios Street, based on the required findings.
Commissioner Questions and Comments
Commissioner Cohen asked why the structure was referred to as both a historic
structure and a potentially historic structure in the report. Ms. Delcamp said when
the project Rancho Madrina was processed through the City a historical report
done for the Leck House concluded that the property was potentially significant.
For purposes of the California Environmental Quality Act (CEQA) it is considered
to be a historic structure. It is not currently on the City’s Inventory of Historical
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PC Meeting 15 September 27, 2005
Cultural Landmarks (IHCL). It is on the buildings of distinction list. The Specific
Plan states that relocated buildings into the District need to be on the IHCL.
Public Hearing
Tom Ostensen, Vice President, San Juan Capistrano Historical Society, asked
that the Planning Commission support this recommendation and that a private
developer is footing the bill to rehabilitate and preserve this historic structure. The
overall plan is to create a center for historical structures at the O’Neill Museum to
preserve historical resources.
Ms. Bogh clarified that there are two different actions since there are two
applicants with different purposes. One action is a Site Plan Review that has
already been approved by the Cultural Heritage Commission, which allows the
applicant to move the house. That was subject to the variance and the Tree
Removal Permit, which if the Planning Commission approves, the applicant has
permission to move the house. The Conditional Use Permit relates to the Historic
Society and their desire to convert the house into a museum use. These
conditions on the CUP are for the museum use.
Tom Grabel, William Lyon Homes, said that while it is the Historical Society’s
responsibility to satisfy the conditions, they are going to be satisfying those
conditions in many ways through William Lyon Homes. On Condition 19, several
things are being asked for prior to a grading permit. Mr. Grabel said they would
like to have the site excavated and graded for its final location, and said
Condition 19 is more appropriate to the building permit phase than the grading
permit phase. Ms. Bogh said staff would concur with moving Condition 19 to the
next section, “prior to building permits”.
Mr. Grabel said on Condition 23 Building Construction Plans, the construction
plans are more as built types of plans. Ms. Bogh said that could be prior to
occupancy. Ms. Delcamp said the intent was acknowledging the fact that William
Lyon Homes is going to be relocating the house onto the site, putting it back
together, getting it situated on the foundation, and trying to make it weather-proof
and structurally sound. The intent was to have these conditions met at the point
in time when the Historic Society would determine what was needed to
accommodate use as a museum.
Chairman Neely asked and received concurrence that design details could be
addressed by the DRC.
Mr. Grabel asked for clarification of 23.e. Ms. Bogh said this is for the museum
use. Ms. Delcamp said the project is conditioned to be consistent with the
Secretary of the Interior’s Standards, which need to be used for historic
properties. This entails things like making sure that as much historic fabric as
now exists is retained and that replacement materials are as consistent with the
materials now on the house that match to the extent feasible. Mr. Grabel said
that a lot of pieces have been added through the years.
.September 27,2005 PC Meeting 16
Mr. Grabel said that utility companies dictate where things go in terms of lines
‘-J and boxes.
Mr. Grabel said that on Item 27, Surety for Tree Preservation, the industry
standard is three to six months, and 24 months seems to be extensive.
Commissioner Ratcliffe asked about the preserved versus new landscaping. Mr.
Grabel said most of the landscaping will be new, and that there is a Pepper tree
northeast of the house. Ms. Bogh said that staff would concur with six months.
Commissioner Ratcliffe said that ground compaction around existing trees can
show up several years later in declining tree health, and the Pepper tree should
be protected during construction.
Mr. Grabel said that Item 28 will be complied with to the extent that OCFA does
not conflict with other local, state, and federal standards.
Ms. Delcamp said that the current Item 30 had been modified from the Item that
Mr. Grabel had previously seen.
Mr. Grabel said that final Cultural Resource Reports would be submitted if
applicable.
Motion
Commissioner Cohen moved, seconded by Vice Chairman Cardoza, to approve
Resolution 05-9-27-4 Zoning Variance (ZV) 05-04, Tree Removal Permit (TRP)
95-080 approving a request to allow encroachment into a rear setback, relief
from the requirement for six parking spaces and removal of two eucalyptus trees
on a 3.978 acre parcel located at 31861 Los Rios Street and more precisely
referred to as Assessors Parcel Number 121-160-48, Leck House Museum with
revisions to conditions 19, 23, 27, and 40 as discussed.
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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.
5. TENTATIVE TRACT MAP 16168 (TTM), VILLAGE ALIPAZ. A REQUEST
FOR APPROVAL OF A SUBDIVISION MAP TO SUBDIVIDE A 1.0 ACRE
PARCEL INTO FOUR SINGLE FAMILY RESIDENTIAL LOTS, AND THREE
LETTERED LOTS. THE LOTS WILL BE DIVIDED IN THE FOLLOWING
MANNER: (LOT 1) 7,590 SQ. FT., (LOT 2) 4,900 SQ. FT., (LOT 3) 4,660 SQ.
FT. AND (LOT 4) 4,900 SQ. FT. THE PROPOSED TENTATIVE TRACT MAP b
PC Meeting 17 September 27, 2005
WAS ORIGINALLY APPROVED ON NOVEMBER 6, 2001 AND EXPIRED ON
NOVEMBER 6, 2003. THE PROJECT IS GENERALLY LOCATED 700 FEET
WEST OF ALIPAZ STREET AND 100 FEET SOUTH OF PASEO TOSCANA
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(APN121-171-19) (APPLICANT: VILLAGE ALIPAZ, LLC)
Written Communications
September 13,2005
Owner/Applicant
Village Alipaz, LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92614
Engineer
Fred Cornwell, 151 Kalmus Drive, Building M, Suite 2, Costa Mesa, CA 92626
Staff presentation & recommendation
Mr. Contreras presented the staff report as a consideration of TTM 16168; a
request for approval of a subdivision map to subdivide a 1 .O acre parcel into four
single family residential lots, and three lettered lots. The proposed tentative tract
map was originally approved on November 6, 2001 and expired on November 6,
2003. The application will not result in any significant physical changes to the lot
pattern of the previously approved subdivision.
Staff recommends that the Planning Commission adopt a resolution certifying the
Negative Declaration and recommending City Council approval of Tentative Tract
Map 16168, subject to conditions of approval.
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Public Hearinq
Phil Schwartze, 31872 San Juan Creek Road, presented to the dais a letter from
Dave Murphy, President of the Alipaz Homeowners Association, saying they
have reviewed the proposal and are not opposed to it.
Irwin Canode, 26402 Paseo Tuscano, the house next to Lot B, a 44’ lot made up
of 24’ on a water well facility and the other 20’ is designated as an access road to
the proposed project. Mr. Canode said his concerns about the project are 1)
minimum grading is necessary to produce suitable building pads. If there is a
change to this present level of grade it would impact the roads in the area and it
would cause a lot of noise in the surrounding area. If a lot of dirt and haulers
were brought in it would impact the roads considerably. The pads where the
existing homes are about 3’ above the existing grade, and he would like to see
that maintained and a retaining wall behind where the present grade is now and
there is landscaping in the area where the water well facility is now. The
developer previously had three two-story homes including one one-story home
which is behind Mr. Canode’s home. He would like to maintain his view of the
hills maintained and maintain the fence on the south side of the Alipaz tract. He
would like to have the homeowners association maintain the wall behind their
home and have the homeowners association maintain the fence that separates
Lot B from the new tract as well as the sprinkler system.
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PC Meeting 18 September 27,2005
Mr. Contreras said Lot B is a City-owned well site property, with a well pump
house on that property. The Lot B road access of 23’ is an easement over that
property that is granted to Village Alipaz for ingress and egress. The fence Mr.
Canode is referring to is located south of the well pump house building. There will
be a fence located along that property line to designate the City property versus
the Lot 1 property line. The area behind the pump house is maintained by the
City. The front of the pump house has been fully landscaped at this time.
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Ms. Bogh said the fence plan is required by Condition 42.f to go to DRC.
Commissioner Questions and Comments
Chairman Neely asked if the single story would remain and said that the fencing
issues could be dealt with when there are precise grading plans. Chairman Neely
asked that Mr. Canode be noticed of the DRC discussion on this item. Ms. Bogh
said staff will do so.
Motion
Commissioner Drey moved, seconded by Commissioner Ratcliffe, to approve
Resolution 05-9-27-5 Tentative Tract Map (TTM) 16168, Village Alipaz,
recommending certification of a Negative Declaration and recommending
approval of a Tentative Tract Map for the development of 4 single family
residential lots and three lettered lots on a 1.0 acre parcel located 700 feet west
of Alipaz Street and 100 feet south of Paseo Toscana and more precisely
referred to as Assessor’s Parcel Number 121-171-19 (Village Alipaz, LLC). b
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.
NEW BUSINESS
1. TREE REMOVAL PERMIT (TRP) 05-109, PARKS RESIDENCE AT 31761
AGUACATE. AN APPLICATION TO REMOVE TWO (2) EUCALYPTUS TREES,
WITH DIAMETERS OF EIGHTY (80) INCHES EACH. THE SUBJECT TREES
ARE LOCATED IN THE SIDE YARD ON THE NORTH END OF THE SUBJECT
PROPERTY, GENERALLY LOCATED 170 FEET NORTHWEST OF VIA
PASTORAL. (APN 649-091-31) (APPLICANT: RICHARD & LUCY PARKS).
L- Written Communications
September 27, 2005
PC Meeting 19 September 27, 2005
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Applicant
Richard & Lucy Parks, 31761 Aguacate Road, San Juan Capistrano, CA 92675
Staff presentation & recommendation
Mr. Contreras presented the staff report as an application to legalize the removal
of two (2) Eucalyptus trees located on the side yard on the north end of the
subject property, generally located 170 feet west of Via Pastoral at 31761
Aguacate Road.
This application was submitted after a Code Enforcement case related to
construction on the property was opened. The Code Enforcement officer noticed
a large stockpile of Eucalyptus logs and staff found a section of one tree that
measured approximately 80 inches in diameter and that of the second tree that
measured approximately 60 inches. An arborist report received after the packets
were distributed was distributed on the dais. The applicants have stated that the
trees were removed because of disease. The arborist found some evidence of
disease and bug infestation in both trees.
Based on the present condition of the remaining stump and sliced up trunk and
branches, the only option to legalize TRP 05-109 is the replacement of the
subject trees on site.
Staff is recommending that the Planning Commission adopt a resolution
legalizing the removal of two (2) Eucalyptus trees, based on the findings required
by Section 9-2.349 of the Municipal Code and that the applicant be required to
replace both trees with a 60” box and a 48” box tree of native species at the
choosing of the Planning Commission or the DRC.
Commissioner Questions and Comments
Commissioner Cohen asked what would be the status if the removal were not
legalized. Mr. Sandoval said that would be a Code Violation because the trees
were removed without a permit. Violations of Title 9 are infractions that the City
Attorney has the authority to prosecute as misdemeanors. If the City wishes to
prosecute and refers to the City Attorney’s office, then it would be forwarded to a
prosecuting Attorney who would draft and file a Misdemeanor Complaint.
Commissioner Cohen asked if the City Attorney could enter into an agreement
with the owner that they replace the tree. Mr. Sandoval said that the applicant is
required to obtain a permit either from the Planning Director or with Planning
Commission approval. There is no legal means for the Attorney’s office to offer a
“plea bargains” instead of a permit.
Commissioner Ratcliffe said the trees appear to have been pruned excessively in
the past, causing them to deteriorate and be cut down in violation of City
standards.
PC Meeting 20 September 27, 2005
Public Hearing
Applicant Richard and Lucy Parks, 31761 Aguacate Road, said that after a
branch from one of the Eucalyptus trees fell and killed one of their llamas, a
professional tree service trimmed the trees. Both trees later died and Mrs. Parks
said she didn’t realize a permit was required to cut down dead trees and that Mr.
and Mrs. Parks had been traveling for an extended time. Mrs. Parks stated she
had also submitted an application to remove a dead pine tree with beetle
infestation on the property.
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Commissioner Questions and Comments
Commissioner Cohen asked the applicant to give Mr. Contreras the name of the
tree service that cut down the trees.
Vice Chairman Cardoza asked how many trees are on the site, and if the
construction would require more removal of trees. Mrs. Parks said the planned
construction would not require removal of trees. Mr. Parks said there are about
one-half dozen trees of 2’ diameter on the property. There are Washingtonia
robustas, pine trees, Cyprus trees and a palm tree.
Commissioner Ratcliffe said that it looks like the tree trimmer was the inadvertent
agent of destruction, and should be informed of City policy.
Chairman Neely asked if there is a City business license program for tree
removal services and to prevent “lollypopping” of shrubs. Mr. Sandoval said that
he will review the City tree trimming ordinance and bring information to the next
Planning Commission meeting.
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Commissioner Cohen asked that a letter go out to tree company licensees with a
copy of the Code section on tree trimming.
Motion
Commissioner Cohen moved, seconded by Vice Chairman Cardoza, to approve
Resolution 05-9-27-6 confirming issuance of a Categorical Exemption and
legalizing a Tree Removal Permit for two Eucalyptus trees located at 31761
Aguacate Road with the condition that the applicant is to bring the overall
landscape plan back to the DRC to evaluate the applicability of the materials,
including replacement tree. (APN 649-091 -31).
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman
Cardoza, Chairman Neely
NOES: None
ABSENT: None
b ABSTAIN: None
PC Meeting 21 September 27,2005
The motion passed by a vote of 5-0.
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COMMISSION/STAFF COMMENTS
Ms. Bogh forwarded Ziad Mazboudi’s thanks for the efforts of Planning
Commissioners on the cleanup.
Commissioner Ratcliffe asked for the status of the playground play structure at
Cook’s Park on Calle Arroyo. Ms. Bogh said that Karen Crocker could tell
Commissioner Ratcliffe when the new equipment that has been ordered will
arrive.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 11:02 p.m. The next regular meeting is scheduled for Tuesday,
October 11, 2005, at 7:OO p.m. in the Council Chambers.
Respectfully submitted,
Plan-ning-Director
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