PC Minutes-2004-03-23r, - 32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493- 1 171
(949) 493-1 053 FAX
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MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, MARCH 23,2004
MEMBERS OF THE CIN COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WYAlT HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Chairman Neely at
7:06 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Tim Neely, Chairman
Robert Cardoza
Sheldon Cohen
Gene Ratcliffe
Commissioners Absent: none
Staff Present: Molly Bogh, Planning Director; William Ramsey, Principal Planner; Omar
Sandoval, Deputy City Attorney; Amy Wolfe, Principal Planner; Sue McCullough,
Recording Secretary.
CONSENT CALENDAR
None
PUBLIC HEARINGS
None
UNFINISHED BUSINESS
1. CONTINUED CONSIDERATION OF A RECOMMENDATION ESTABLISHING
NUMERICAL LIMITS FOR CALENDAR YEARS 2005-2007 AND A RESIDENTIAL
ALLOCATION SCHEDULE TO CALENDAR YEARS 2004-2007 (TITLE 9, LAND
USE CODE, SECTION 9-2.325, GROWTH MANAGEMENT) (450-40).
Sun Juan Capistvano: Preserving the Past to Enhance the Future
PC Meeting 2 March 23, 2004
Written Communications
Staff report dated March 23,2004
Commissioner Cardoza recused himself from this item.
Mr. Ramsey presented the staff report on this item presented at the last Planning
Commission Public Hearing, at which time the Commission asked for copies of the
approving resolutions for the four projects which are seeking residential allocations for
the current calendar year and a copy of the original ordinance establishing growth
management provisions. Although the ordinance could not be located, the purpose and
intent statement is summarized on page 2 of the staff report.
Mr. Ramsey said the issue of rollover was discussed with Counsel for the City. SunCal
Development had requested that the City guarantee that any permit allocations not used
in a given year be rolled over into subsequent years. Counsel had advised staff that this
issue is more appropriately resolved through an amendment of the development
ag re eme n t .
Staff recommends that the Commission adopt a resolution recommending annual
numerical limits of 392, 400, and 400 units for calendar years 2005-2007, and
recommending a residential allocation schedule for calendar years 2004-2007 as has
been provided as Exhibit A to the draft resolution.
Commission Questions
Commissioner Cohen asked if the recommended number would exceed City Council
policy. Mr. Ramsey answered that City Council establishes a definitive numerical limit
for the subsequent calendar year and sets tentative numerical limits for the two
succeeding years, so that every year there is an opportunity to revisit and review the
future numerical limits (years 2 and 3).
Commissioner Cohen referred to a recommendation of 282 allocations for SunCal and
asked if “A” Street would have to be extended from Via California to Valle Road prior to
the 151” building permit. Mr. Brad Gates said that the SunCal construction
improvements to Valle Road and the off-site improvements required by the North R&D
site would begin in the next few months.
Chairman Neely asked if some of the development agreement commitments to project
phasing would be in conflict with the allocation program. Mr. Ramsey said that it is
incumbent on the developer whether the permit allocation phasing could be
accommodated by the schedule for construction of improvements. The Caltrans process
may put the developer in a position of not being able to exercise all of their rights under
an allocation granted for a particular year.
PC Meeting 3 March 23,2004
Commissioner Cohen asked if Honeyman Ranch major improvements were tied to the
issuance of the first building permit, and if Caltrans delays could preclude them from
moving forward with the building. Mr. Ramsey affirmed that is correct. 'W
Public Hearinq
Mr. Tom Grable, William Lyon Homes, 4490 Von Karman, Newport Beach, said the
major traffic improvements to Ortega are tied to the 76'h building permit and that the
timetable was changed by City Council because of the impacts of the development to
the public facilities.
Larry Culbertson, 32882 Avenida del Rosal, spoke in opposition to building out San
Juan Capistrano due to environmental impacts on air quality, crowded public schools
and increased traffic, and urged the Commission to leave the numerical limits at 155 per
year.
Commission Comments
Commissioner Cohen said that supply and demand dictates the number of units built
and said that since the infrastructure is in place to accommodate the homes being built,
that he supports the staff recommendation
Commissioner Ratcliffe said that she is concerned about inclusion of affordable
housing, and that she found the residential allocation rating system to be quite baffling.
However, she supports staff recommendation. -
Chairman Neely said conditions of approval required front-end investment by the
developer to make infrastructure improvements to provide benefits to the City in areas
where current problems exist. He found the rating system to be nonsensical.
Mr. Ramsey said that the residential allocation project rating scale was Code mandated, but the actual assignment of points was done at an administrative level.
Motion
Chairman Neely moved, seconded by Commissioner Cohen, that Resolution No. 04-3-
23-1 recommending numerical limits for calendar years 2005-2007 and a residential
allocation schedule for calendar years 2004-2007 be forwarded to the City Council for
approval, with a request that the City Council direct staff to reexamine the residential
allocation scoring system and project rating scale..
AYES: Commissioners Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None --.---
PC Meeting 4 March 23,2004
ABSTAIN: None
v RECUSED: Commissioner Cardoza
This motion passed by a vote of 3-0.
NEW BUSINESS
1. ARCHITECTURAL CONTROL MODIFICATION (AC) 04-01 ; A REQUEST TO
EVALUATE SITE AND ARCHITECTURAL PLANS FOR A TWO STORY AUTO-
DEALERSHIP OFFICE AND SHOWROOM BUILDING (WESELOH &
SON S/H U M M ER).
Representative
John S. Morgan, 28570 Marguerite Pkwy., Suite 203, Mission Viejo, CA 92629
Owner
Weseloh & Sons Chevrolet, 33633 Camino Capistrano, San Juan Capistrano, CA
92675
Enclineer
Tetra Tech ASL, 16241 Laguna Canyon Rd., Irvine, CA 92618
Written Communications
Staff report dated March 23,2004 u
Commissioner Cohen recused himself from this item.
Ms. Wolfe presented the staff report as a request for approval of an AC 04-01 to permit
development of an approximately 8,636 sq. ft. auto-dealership office and showroom
building. The proposed two-story structure, as recommended to be conditioned, will be
in compliance with development standards applicable to the project site. Additional staff
recommendations of added articulation on the west base of the building and Design
Review Committee (DRC) recommendations have been included as recommended
conditions of approval on the draft resolution.
Staff recommends that the Planning Commission adopt a resolution approving the
proposed project.
Commissioner Ratcliffe asked if this item would come back for staff approval or to the
Design Review Committee (DRC). Ms. Wolfe said staff recommendation would be for
this to be handled administratively at staff level and subject to approval by the Planning
Director.
PC Meeting 5 March 23,2004
Public Hearinq
\/ John Morgan, 28570 Marguerite Parkway, Mission Viejo, said the Applicant has worked
steadily with staff and offered to answer any questions from the Commission.
Commission Questions/Comments
Commissioner Cardoza asked if the final landscape and irrigation plan would be
submitted to the City and approved by the Planning Director. Ms. Wolfe said that the
Applicant took the initiative to modify the conceptual landscaping plant to reflect DRC
recommendations..
Commissioner Cardoza said that the plan didn’t include specific plant material size and
species associated with irrigation and lighting. Ms. Wolfe said the applicant will be
required to submit landscaping and irrigation plans with full details.
Commissioner Cardoza said the DRC went to great lengths to review the final colors
and finishes, and that he would like the final colors to come back to the DRC. Ms. Bogh
said there are two landscaping conditions that could be reworded into one condition.
Commissioner Cardoza said the DRC went to great lengths to review the final colors
and finishes, and that he would like the final colors to come back to the DRC. Mr. Wolfe
said there is rip rap on the northerly portion of the driveway. Ms. Bogh said there are
two landscaping conditions that could reworded into one condition.
Commissioner Cardoza asked for clarification of the top color. Mr. Morgan said that the
final stone color would depend on what is in the quarry and what is available at time of
installation, the ledger rock for the walls would be a darker color, and the stucco is a
darker color on the color board. Mr. Morgan said he would like to have discussion on
page 6, item 1.7.
Chairman Neely said this is a quality design with a lot of attention to detail, and that he
would prefer to see the color a bit darker and that the lighting go back to the DRC for
final approval. Ms. Bogh said Condition 1 would be amended and a new Condition 2
would be added to require that final design plans would be brought back to the DRC
prior to issuance of building permits. The final landscape plan shall show that a
minimum 10 foot landscaped area shall be provided between the vehicle display area
and the front property line, and any boulders shall be placed behind that ‘lo-foot area.
Condition 6, stating that the pottery containers shall be added to the fnal landscape
plan. Condition 5 would be changed to require a darker color stucco and limestone
shall be used for exterior building walls and wainscoting. The selected limestone and
stucco color shall be sucject to the final review and approval by the DRC.
Commissioner Neely said he would like to avoid holding up the building permits and
allow the client to move forward. He stated his understanding that the Applicant does
not want Condition 1, requiring more architectural relief on the west side of the building.
PC Meeting 6 March 23.2004
Mr. Morgan said that he can’t agree to Condition 1, if that would predicate a structural
change.
Commissioner Neely asked Ms. Wolfe to verify that Condition 1 is applied to the back
elevation. Commissioner Neely said he would support deletion of Condition 1, and that
the other items could be brought back to the DRC without holding up the process.
L
Commissioner Cardoza moved, seconded by Commissioner Ratcliffe, of deletion of
Condition I, modifications to Conditions 2, 4, 5, and combining Condition 6 with
Condition 2 as discussed. The motion was seconded by Commissioner Ratcliffe.
AYES: Commissioners Cardoza and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Commissioner Cohen
This motion passed by a vote of 3-0.
2. ARCHITECTURAL CONTROL MODIFICATION (AC) 03-02; A REQUEST FOR
v APPROVAL OF PRELIMINARY DEVELOPMENT PLANS TO CONSTRUCT A TWO
STORY, 5,963 SQUARE FOOT, PROFESSIONAL OFFICE BUILDING ON A 0.46
ACRE PARCEL AND AN AMENDMENT TO SPECIFIC DEVELOPMENT PLAN
BETWEEN ORTEGA PLAZA TO THE WEST AND MYSTIC GARDENS NURSERY
OFF ICE).
(SDP) 92-01. THE PROPERTY IS LOCATED AT 27345 ORTEGA HIGHWAY,
TO THE EAST. (ASSESSOR’S PARCEL NUMBER 650-201-14) (REISING LAW
Owner/AppIicant
William E. Reising, 32222 Camino Capistrano, #A, San Juan Capistrano, CA 92675
Architect
James Goodman, AIA, 31732 Rancho Viejo Rd., Suite E, San Juan Capistrano, CA
92675
Mr. Ramsey presented the staff report and gave a background that the law office
received approval with several extensions in the early 1990’s. AC 03-02 was filed in
2003 for an approximately 6,000 square foot office complex on a 0.46-acre parcel
between Ortega Plaza to the west and Mystic Gardens Nursery to the east. The site
concept is to develop the building site into the slope, with parking between Ortega
Highway and the building. Two different concepts for access to the site are under
consideration. The project includes both the architectural control, and rezone
PC Meeting 7 March 23.2004
applications. The Zoning application would expand the Specific Development Plan
(SPD) 92-01 to include the Reising Law Office Project. Air quality, cultural resources,
geo-technical, water quality, and traffic mitigation measures are outlined in the
conditions of approval.
Mr. Ramsey said that the one issue in question is the access to the site. The Applicant
is proposing an exit to Ortega Highway on the east end of the site. Primary access
would be shared with the car wash at the west end of the site. The proposed east
entrance would only accommodate emergency access. Staff recommends that this
access be limited to emergency access only.
In May and June of 2003 the DRC recommended conditional approval.
Staff recommends that the Commission adopt a resolution certifying the Mitigated
Negative Declaration and approving AC 03-02 and recommending City Council approval
of an amendment to Specific Development Plan (SDP) 92-01, Rancho Ortega.
Commission Questions
Commissioner Cohen asked what criteria were used to determine the 22 parking
spaces. Mr. Ramsey answered that the Land Use Code requires parking for offices
based on net square footage factor.
Commissioner Ratcliffe asked about plans for signal lighting. Mr. Ramsey said that
Engineering indicated that St. Margaret’s Episcopal School Master Plan would be the
trigger mechanism for installation of signalization at this intersection.
Commissioner Ratcliffe said she was concerned about pedestrian safety at the Mystic
Gardens westerly entrance, a non-conforming intersection. Mr. Ramsey said that an
entrance at this location is not proposed.
Commissioner Cohen said that he is concerned about a second traffic signal so close to
La Novia. Mr. Ramsey said when this Plaza de las Golondrinas project was processed
in the early 1990’s staff did not support a zone change to commercial use. However,
these uses now require traffic control.
Jim Goodman, James Goodman Architects, representing the Applicant, said that the
existing driveway apron fronts on the Applicant’s property, and said the problem will
only be solved when Mystic Gardens eliminates their westerly driveway, and that
access is important for delivery trucks. He said the Applicant worked with staff to
configure the driveway to minimize speed and allow egress only.
Chairman Neely asked Mr. Goodman about the right-only lane dumping into Ortega
Highway and expressed concerns about vehicles entering Ortega at a curved radius.
Mr. Goodman said that the updated booklet shows the striping which separates through
traffic from merging traffic.
PC Meeting 8 March 23,2004
‘d
Chairman Neely asked Mr. Goodman if the apron geometry with the streeting provided
a flat transition? Mr. Goodman answered that the transition is at the maximum of 14 -
15% and that Caltrans only allows about 5%. At the point where the apron meets the
street, it’s seamless.
Commissioner Cohen asked the distance from the exit to the Ortega Centerentrance. .
Mr. Goodman answered that the exit is 350-450 feet from the proposed west entrance.
Chairman Neely asked about grading because of exposure to other units at the top of
the slope. Mr. Goodman said the top portion is being re-graded and landscaped sides to
accommodate the animal hospital. The San Juan Law upper slope will be landscaped,
and that they can bring an amended landscape plan to the DRC.
Chairman Neely questioned how the grading differential would work without a retaining
wall. Mr. Goodman referred to the plan and the isometrics in the booklet.
Mr. Goodman said that he would like to discuss Item 1.7 on page 6 of the proposed
resolution.
Ms. Bogh asked Mr. Goodman if he had met with Caltrans and if Caltrans had approved
the second driveway. Mr. Goodman said there have been several meetings with
Caltrans over the last several years and that Ron Martin, Civil Engineer, has submitted
plans for both properties with Caltrans.
Ms. Bogh said she discussed the Mystic Gardens driveway with staff and the
Engineering Division and the City’s position is that it wasn’t permitted and that legal
means are being pursued to take care of the Mystic Gardens driveway. The Culbertson
residence driveway would be grand-fathered but only as a residential driveway.
Commissioner Cohen referred to page 4, 2. setbacks, and asked if the side yard
setbacks are consistent with or less than those for other buildings. Mr. Ramsey said the
S-fOOt setback is comparable to what has been approved for the Ortega Animal
Hospital, but that setback is substantially less than the Rancho Ortega Project. The 5-
foot setback is a minimal setback.
Commissioner Ratcliffe said that drivers might use the long parking area as a lane to
avoid traffic. Bill Reising said this is only a right-hand turn out and that the additional exit
from the car wash is a right-hand turnout. The reason for the egress is for trucks to get
in and out of the property from a single access.
Chairman Neely stated concerns regarding the enormous grade differential in the
common driveway between and animal hospital and the car wash.
Mr. Reising said that their biggest concern is safety rather than traffic, since the total
traffic going in that direction would be .013%.
PC Meeting 9 March 23,2004
Commissioner Ratcliffe said the timeline is not known of when the second traffic light
would be installed.
Commissioner Cohen said his primary concern is the easterly exit from the property and
about non-trucks making a right turn and have to jam on their brakes if someone comes
out of the center. He would like an opportunity to further study the proposed ingress and
egress of the project, such as drawings with line-of-sight photos looking easterly on
Ortega to help determine if there is a major safety issue.
Commissioner Cardoza said he would like the detail and landscape plans go to the
DRC and that traffic safety is paramount.
Chairman Neely said that two points of access are needed if at all possible. If the
widening is done by Caltrans, they may not authorize the second driveway. Mr. Neely
said he is concerned that there is no real landscape plan. He asked Mr. Goodman if the
plans call for the parking lot to be permeable concrete and if that is what is being used
on the animal hospital. Mr. Goodman said the Applicant would match what the animal
hospital does regarding interlocking concrete pavers, retaining wall finish, and lighting.
Commissioner Cardoza asked if the striping for the stalls would be the same design as
the adjacent striping. Mr. Goodman answered, yes, and pointed out the rendering that
showed the applicant-preferred option.
Chairman Neely said he supports the project if it’s approved by Caltrans. If the driveway
were not approved by Caltrans, the hardscape and the grading would come back to the
DRC.
Commissioner Cohen would like to have additional information returned to the Planning
Commission with additional renderings, and not depend on Caltrans for approval. Mr.
Goodman suggested meeting to look at the site. Chairman Neely said that couldn’t be
done without a Brown Act complication. Ms. Bogh said that would need to be posted as
a public meeting.
Mr. Goodman said that both options have been determined to be safe by the traffic
engineer, and that the Applicant had been told that there was a desire by the City
Council to minimize the curb cuts along Ortega Highway.
Mr. Ramsey suggested that the Planning Commission hear directly from engineering
staff. Chairman Neely said the staff report indicates that the site plan is safe and
functional and consistent with the General Plan and that it is a traffic congestion issue.
Ms. Bogh said the item could be continued to the next regular Planning Commission
meeting, with a traffic engineer in attendance. A condition could be added for final
review of a landscape plan (Condition 7) “Prior to issuance of building permits the
Applicant shall submit a final landscape plan to the DRC for review and approval, which
PC Meeting 10 March 23,2004
--
shall include the planting plan for the top of slope at the rear of the building and
landscape planting along the eastern street frontage.”
Ms. Bogh asked for Planning Commission consensus on the following wording changes:
“Condition 2, lighting plan; Condition 4, revised site plan; and Condition 6, finish and
materials be scheduled for DRC review.”
Commissioner Cardoza said that Caltrans could override the Applicant’s design for
review by the DRC. Ms. Bogh proposed Condition 1.7 to read as follows: “The final
design of the eastern driveway shall be right-turn out only and shall be subject to review
and approval by Caltrans and the City Engineer. If the driveway is not approved by
Caltrans a revised site plan shall be submitted to the DRC for review and approval.’’
Commissioner Cohen stated his preference tha tthis item be returned to the next
Planning Commission meeting.
Mr. Goodman asked if the next step would be to have the engineering staff review the
design and indicate if the design is safe enough to pursue with Caltrans, and then
continue it again to allow the final design from Caltrans.
Commissioner Cardoza moved, seconded by Commissioner Cohen, to continue this
item to the April 13, 2004 Planning Commission Meeting. The motion passed
unanimously by a vote of 4-0.
Mr. Ramsey said that perhaps engineering staff would do a preliminary sight distance
analysis and indicate the clear sight line distance from the entrance east on Ortega
Highway. Commissioner Cardoza asked if that graphic image could show where the
traffic lights and crosswalks are and what is being proposed. Mr. Ramsey said that
could be in the improvement plan. The sight distance analysis will be a calculation.
COMMlSSlONlSTAFF COMMENTS
Ms. Bogh said that she is looking forward to working with the Planning Commissioners
and asked if mailing or pick-up of packets would be acceptable to Commissioners. After
some discussion, she stated staff will call each Commissioner to arrange for packet
pickup or delivery.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
9:36 p.m. The next regular meeting is scheduled for Tuesday, April 13, at 7:OO p.m. in
the Council Chambers.
PC Meeting 11 March 23,2004
Respectfully submitted, *w Molly h
Planning Director
/sm