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PC Minutes-2004-01-2732400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493- I 17 1 (949) 493 I053 FAX \l')l 11 ~~ltl~l~llll~ll~~l~l/ (1110 0t;q MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S GELFF WYAlT HART JOE SOT0 DAVID M SWERDLIN CITY MANAGER DAVE ADAMS MINUTES OF THE MEETING OF THE PLAN N I N G CO M MISS ION TUESDAY, JANUARY 27,2004 CALL TO ORDER The meeting of the Planning Commission was called to order by Chairman Neely at 7:07 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL: Commissioners Present: Tim Neely, Chairman Sam Allevato Robert Cardoza Sheldon Cohen Gene Ratcliffe Commissioners Absent: none Staff Present: William Ramsey, Principal Planner; Omar Sandoval, Deputy City Attorney; Douglas Dumhart, Economic Development Manager; Peter Salgado, Associate Engineer, Public Works Department; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None. CONSENT CALENDAR Minutes of December 9, 2003: Commissioner Cohen moved approval, seconded by Commissioner Allevato, of the Minutes of December 9, 2003 and the motion passed unanimously by a vote of 5-0. PC Meeting 2 January 27,2004 PUBLIC HEARINGS 1. CONSIDERATION OF THE OLD CAPISTRANO MERCHANTS ASSOCIATION (OCMA) REQUEST TO HANG BANNERS ON THE DOWNTOWN LIGHT POLES Written Communications Staff report dated January 27, 2004. Staff wesentation & recommendation Mr. Dumhart presented the OCMA proposal of a program to hang banners on select green lampposts in the downtown area. Banners would be the same size or smaller than the current US flags that are placed on the green lampposts by the Boy Scouts during regular holidays and special events. Staff recommended approval of OCMAs request to hang banners on select green lampposts in the downtown area and forward this recommendation to the City Council for their consideration. Commissioner Cardoza asked how the flags would be displayed. Mr. Dumhart said the existing light standards would be used and the flags would be draped to hang true. Commissioners Cardoza and Cohen voiced concern regarding the quality of the material and readability of the banners. Chairman Neely asked how frequently the banners would be changed. Mr. Dumhart said that based on the success of the first banner, additional sets of banners would be designed and would require approval of the Planning Director prior to installation. Public Hearinq Jonathan Volzke, Secretary of the OCMA, said the logo theme applied to downtown trash cans by the OCMA would be carried through in the colorful banners to help bring life to the City. Commissioner Comments/Questions Commissioner Cohen would prefer a fixed-type banner that is not dependent upon the wind to get the message across and would like to see a provisional license agreement subject to review. Commissioner Ratcliffe voiced concern regarding the lightweight fabric, and supported a moderate trial period. Mr. Volzke said the Planning Director would have power to approve or disapprove the banners. Commissioner Cardoza commended the OCMA for their efforts to enhance the City, and suggested a bar at the bottom to hold the banner in place. Chairman Neely said that he believes one year is a reasonable trial period. Motion Chairman Neely moved approval, seconded by Commissioner Cardoza, of the one-year License and Indemnity Agreement for use of certain public property described as the Green Downtown Street Light Lampposts (the "Property") for the purpose of displaying banners, with PC Meeting 3 January 27,2004 the proviso that additional banner designs be brought to the Design Review Committee (DRC) for approval. AYES: Commissioners Allevato, Cardoza, Cohen and Ratcliffe and Chairman Neely NOES: None ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. 2. STORMWATER PUBLIC EDUCATION CAMPAIGN BANNER PROGRAM: A PROPOSAL TO HANG BANNERS IN THE PUBLIC RIGHTOF WAY, THROUGHOUTTHE DOWNTOWN AREA Written Communications Staff report dated January 27,2004. Staff Presentation & recommendation Mr. Dumhart presented a request to hang vinyl banners during the time periods of April 5 - 28 and August 30 - September 23, 2004 as part of a public education campaign educating residents and businesses on the impact of storm water pollution. The Engineering Department has secured a grant to purchase banners to hang on the 30-foot-tall light fixtures on Del Obispo and Camino Capistrano. Staff recommended approval of OCMA's request to hang banners on select green lampposts in the downtown area and forward this recommendation to the City Council for their consideration. L Motion Commissioner Cohen moved approval, seconded by Commissioner Ratcliffe, of the Stormwater Public Education Campaign Banner Program and to forward this recommendation to the City Council for their consideration. AYES: Commissioners Allevato, Cardoza, Cohen and Ratcliffe and Chairman Neely NOES: None ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. 3. CONDITIONAL USE PERMIT (CUP) 03-07: A REQUEST TO ESTABLISH INDOOR AND OUTDOOR "VEHICLE STORAGE" ON A SITE AND WITHIN AN EXISTING INDUSTRIAL PARK DISTRICT LOCATED AT 32921 AND 32941 CALLE PERFECTO (S&K TOWING) - PC Meeting 4 January 27,2004 Owner Burke Calle Perfecto L.P., 1085 E. Garry Ave. Ste. 100, Santa Ana, CA 92705 ADDliCant S&K Towing, Inc., 33207 Paseo Cerveza, San Juan Capistrano, CA 92675 Written Communications Staff report dated January 27, 2004. Staff presentation & recommendation Mr. Ramsey presented the request to establish indoor and outdoor vehicle storage at 32921 and 32941 Calle Perfecto. He provided color photographs to the Commission submitted by the Applicant after distribution of the packet. Mr. Ramsey noted that the Applicant had not provided requested fence design, land use, and parking-related information necessary for staff to evaluate the CUP. He also noted that while staff had considered recommending approval of indoor vehicle storage only, staff concluded the potential of on-going code enforcement issues would likely occur with indoor vehicle storage “spilling over“ into the outdoor parking areas. Staff recommended that the Planning Commission adopt resolution denying the Conditional Use Permit 03-07 for indoor and outdoor vehicle storage at 32921 and 32941 Calle Perfecto. Mr. Sandoval advised the Commission that the applicant had not provided sufficient information to support findings of approval as required by the Code. He noted the Applicant would have the right to appeal within 15 days, in the event of denial by the Planning Commission. L Public Hearing Vickie Trudeau, an owner of S&K Towing, introduced her realtor, Tucker Cusick. Tucker Cusick, 7 Wrigley, Irvine, California 92618, said he received two different agendas. He said the Applicant received approval from the Fire Department and the Santa Margarita Water District for the proposed chain-link fencing. He said the site provides 15 parking spaces on each side of the building and 40 parking spaces to the rear that would be fenced off for outdoor vehicle storage. Barry Bic, an owner of S&K Towing, said that most of the temporarily stored vehicles are abandoned vehicles that are taken off the street. The vehicles are not stored for extended periods and usually disposed of within 35-40 days. Commissioner CommentslQuestions Commissioner Cohen asked if the Applicant responded to the Planning Department’s request for identification of the location and type of recreation vehicles to be stored. Mr. Bic responded that he hasn’t had the opportunity to respond. Ms. Trudeau said they do not yet know the number and type of recreational vehicles they would store. PC Meeting 5 January 27,2004 Commissioner Cardoza asked the length of storage or turnover. Mr. Bic responded that the length of storage and number of vehicles varies. Commissioner Cohen asked about lien sales and if DMV requirements extend the time of the lien sale. Mr. Bic said there may be lien sales conducted at the site and would typically attract 5 - 30 people. He said DMV requirements extend the time of the lien sale. Commissioner Allevato asked what provisions would be made to prevent theft and vandalism to the stored RV's. Mr. Bic said fencing and security lighting would be used. Commissioners Allevato, Cardoza and Ratcliffe voiced concerns about supporting the CUP until more information is available, and suggested that the Applicant submit a revised site plan including fencing, parking and proposed uses. Motion Chairman Neely moved to continue consideration of this item to allow the Applicant the additional opportunity to revise the Application subject to Design Review Committee approval, and the motion was seconded by Commissioner Cohen. AYES: Commissioners Allevato, Cardoza, Cohen and Ratcliffe and Chairman Neely NOES: None - ABSENT: None ABSTAIN: None This motion passed unanimously by a vote of 5-0. Ramsey stated that staff would re-advertise the item for Planning Commission public hearing at such time the project submission was completed. UNFINISHED BUSINESS 1. CONTINUED CONSIDERATION OF CONCEPTUAL DESIGN OPTIONS FOR THE INTERSTATE 510RTEGA HIGHWAY INTERCHANGE. Motion Commissioner Cohen moved, seconded by Commissioner Allevato, for continuance of this Item to the February 10,2004 Planning Commission Meeting to allow completion of additional traffic analysis,. This motion passed unanimously by a vote of 5-0. NEW BUSINESS 1. CAPITAL IMPROVEMENT PROJECT (CIP) 791, CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION AND PRELIMINARY DESIGN PLANS ASSOCIATED WITH THE PROPOSED CONSTRUCTION OF AN INITIAL4.0 MILLION GALLON (MGIANDA FUTURE PC Meeting 6 January 27,2004 4.0 (MG) WATER RESERVOIR (760 ZONE SC-04 SOUTH TERMINAL RESERVOIRS SOUTH OPEN SPACE). ADDkmt City of San Juan Capistrano Public Works Department, Peter Salgado, Associate Engineer, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Written Communications Staff report dated January 27,2004. Staff presentation & recommendation Mr. Ramsey presented the project as a request for consideration of a Mitigated Negative Declaration and Preliminary Design Plans Associated with the Proposed Construction of an Initial 4.0 million gallon (mg) and a future 4.0 mg terminal water reservoir. Staff recommended that the Planning Commission by motion adopt a resolution recommending certification of a Mitigated Negative Declaration, and recommend approval of preliminary design plans for the construction of an initial 4.0 million gallon (mg) and a future 4.0 mg terminal water reservoir. Commission Comments/Questions Commissioner Cohen asked about earth movement, communication antenna, proximity to neighborhoods, and security of the reservoir. Mr. Salgado responded that the site is J/4 mile from the nearest neighborhood. Mr. Sandoval said the Brown Act has been amended so that security issues for public buildings and public facilities may be protected from public disclosure. Commissioner Cardoza asked if preliminary design plans included the type of plant material to be installed on the manufactured slopes, and whether they would be reviewed by the DRC. Mr. Ramsey said a 4-d Interim Habitat Loss permit is under review by United States Fish and Wildlife Service (USFWS) and will include provisions to stockpile soil cover and seed bank so that disturbed slopes would be regenerated with native plant material. Mr. Salgado said the Water Quality Management Plan was submitted and a grading permit would be checked by the Engineering Department. Chairman Neely confirmed that the United States Fish and Wildlife Service (USFWS) 4-d permit is rigorous and provides for appropriate slope restoration, and monitoring native plant growth in disturbed areas. Chairman Neely asked if the water line under Calle Delgado is capable of withstanding the water pressure resulting from the new reservoirs. Mr. Salgado said that would be addressed as part of the Engineering Department's due diligence and that pressure reducing valves would be installed, as needed, to maintain appropriate water pressures. Public Hearing Don Curry, 33442 Calle Miramar, President of the Meredith Canyon Homeowners Association, spoke in opposition to the project stating that the two proposed water reservoir tanks would PC Meeting 7 January 27,2004 create visual concerns, result in construction and maintenance trucks, and would negatively impact the value of the homes in the area. Judith Hurst, 3351 1 Calle Miramar, said she did not receive a public notice of this meeting. She spoke in opposition to the proposed water reservoir due to the possibility of landslides, the possible inability of the soil to support the proposed reservoir, and the negative impact to Meredith Canyon homeowners. She asked that the Planning Commission deny the certification of the mitigated negative declaration and the preliminary plans. Randy Wilhelm, 27221 Calle Delgado, who works for South Coast Water District, spoke in opposition to the project due to construction vehicle traffic, the proposed gate which would obstruct open space access, and the impact of security lighting. Judith Hurst asked who owns the land on which the reservoir is proposed. Mr. Ramsey said the City owns the land fee-simple, and that the property was conveyed to the City over 12 years ago by Glendale Federal. Commissioner CommentslQuestions Commissioner Allevato said that he understood that most of the construction traffic would be going up Las Ramblas rather than Calle Delgado. He asked for a history of the project. Mr. Ramsey said that construction access would be via Camino Las Ramblas. Mr. Salgado said that maintenance access would be limited to once or twice a week unless there are maintenance issues. The reservoirs are a part of the City Council-adopted Domestic Water Master Plan and are needed in case of fire or other emergency. Commissioner Cohen asked if other potential sites have been fully explored. Mr. Ramsey responded that the reservoir has to be located at a specific elevation within a topographic zone at the 760 foot elevation. He said that several alternatives had been identified and that the proposed reservoir site was the most geotechnically stable. He noted that all potential sites were within the Capistrano formation, a geotechnically unstable formation, and so the challenge was to locate a reservoir site which could most effectively be stabilized. Mr. Salgado said that this site is the most optimum and stable site from a geotechnical standpoint. Commissioner Ratcliffe asked about night lighting. Mr. Salgado said lighting would normally be off, except during necessary maintenance activities. Commissioner Cardoza commented that water reservoirs are normally sited so they are visually screened from residential neighborhoods and can sympathize with residents concerns with visual impacts. He noted that the proposed aesthetic mitigation measures relating to the color of the reservoir and planting materials should help mitigate impacts. Chairman Neely expressed a need for additional analysis of the alternative reservoir locations and designs, as well as a information about the various impacts of this project on the Meredith Canyon neighborhood. PC Meeting 8 January 27,2004 I Motion Commissioner Cardoza moved, seconded by Commissioner Cohen, that the Item be continued to the February 10, 2004 meeting and requested staff to provide additional information requested at this meeting. The motion passed unanimously by a 5-0 vote. 2. MODIFICATION TO TRACT 9382, BELFORD TERRACE; A REQUEST FOR APPROVAL OF PROPOSED DESIGN MODIFICATIONS TO THE PROJECT ENTRY STATEMENT AT THE INTERSECTION OF ORTEGA HIGHWAY AND BELFORD DRIVE. Written Communications Staff report dated January 27, 2004. Commissioner Cohen recused himself from this Item due to his residency in Belford Terrace. Staff mesentation & recommendation Mr. Ramsey presented the project as a request for Approval of Proposed Design Modifications to the Project Entry Statement at the Intersection of Ortega Highway and Belford Drive. He noted that Belford Terrace wants to create a new, more elegant, entry statement. He provided ledger stone material samples for Commission consideration. Staff recommended that the Planning Commission adopt a resolution conditionally approving the proposed project. Commission Comments/Questions Commissioner Cardoza asked if the specifications have priority over the original plans. Mr. Ramsey responded they do. Public Hearing Kim Leffner, 31 182 Harmony Hall, said that the homeowners would select a contrasting tile and that the tile and materials provided to the Commission were samples of similar materials to be used to achieve the desired results. Chairman Neely said that it is difficult to get slate in a uniform color other than that with a blackish or greenish cast. Commissioner Cardoza asked for the size of tiles or slate. Ms. Leffner said it would probably be 12"x12" or 36"x36" tiles, and mentioned Sepulveda Building Supply. Chairman Neely said that the landscaping should be referred to the DRC. He asked if the pilasters are easily removed, Ms. Leffner said she thought they were not structural and could be removed, but they would have to investigate that issue. Commissioner Comments/Questions Commissioner Cardoza said he feels comfortable with the Applicant's compliance with DRC recommendations. Mr. Ramsey said the Commission could incorporate DRC recommendations as conditions of approval or leave the final decisions to the Applicant. PC Meeting 9 January 27,2004 Commissioner Cardoza and Chairman Neely commended the committee over its choice of earth-tone ledger stone selected for the project walls. Motion Chairman Neely moved adoption, seconded by Commissioner Cardoza, of Resolution 04-1 - 27-1 conditionally approving the proposed project with Planning Director approval of materials consistent with those presented to the Commission and with the landscape plans coming back to the Design Review Committee for approval. AYES: Commissioners Allevato, Cardoza, and Ratcliffe and Chairman Neely NOES: None ABSENT: None ABSTAIN: None RECUSED: Commissioner Cohen This motion passed by a vote of 4-0. COMMISSION/STAFF COMMENTS Commissioner Cardoza suggested that Planning Commission-rs attend the League of California Cities meeting. Mr. Ramsey suggested that perhaps Commissioner Allevato, as the newest Commissioner, attend if possible. 1 Commissioner Cohen mentioned a concern regarding bumpers laying outside the body shop at the back of the Calle Perfecto Business Park visible from San Juan Creek. Ramsey replied he would bring this to the attention of Code Enforcement staff. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:37 p.m. The next regular meeting is scheduled for Tuesday, February 10, at 7:OO p.m. in the Council Chambers. Respectfully submitted, William Ramsey, AICP Principal Planner Secretary Pcmin2004jan27drafI wpd