PC Minutes-2004-04-2732400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493 1 171
(949) 493- 1053 FAX
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MINUTES OF THE MEETING
OF THE
PLANNING COM M l SSl ON
TUESDAY, APRIL 27,2004
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WYATT HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Vice Chairman
Cardoza at 7:OO p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Tim Neely, Chairman (arrived 7:05 p.m.)
Robert Cardoza
Sheldon Cohen
Gene Ratcliffe
Commissioners Absent: none
Staff Present: Molly Bogh, Planning Director; William Ramsey, Principal Planner; Omar
Sandoval, Deputy City Attorney; Sam Shoucair, Senior Engineer; Eric Bauman, Water
Engineering Manager; Augustin Resendiz, Planning Technician; David Contreras,
Assistant Planner; Joe Mankawich, Associate Engineer; Sue McCullough, Recording
Secretary.
CONSENT CALENDAR
1. Minutes of February 24, 2004: Commissioner Ratcliffe moved approval, seconded
by Commissioner Cohen, of the Minutes of February 24, 2004, and the motion passed
by a vote of 3-0.
2. Minutes of March 9, 2004: Commissioner Ratcliffe moved approval, seconded by
Commissioner Cohen, of the Minutes of March 9, 2004, and the motion passed by a
vote of 3-0.
Sail Juan Capistrauo: Presenirig the Past to Ei?Im~ce the Fiitrriv
PC Meeting 2 April 27, 2004
PUBLIC HEARINGS
L 1. TREE REMOVAL PERMIT (TRP) 04-012, A REQUEST TO REMOVE A GREEN
SILK FLOSS TREE WITH A DIAMETER OF APPROXIMATELY 28 INCHES. THE
SUBJECT TREE IS LOCATED AT A REAR YARD OF 32742 ALIPAZ STREET, SPACE
#135, WITHIN THE RANCHO DEL AVION MOBILE HOME PARK, WHICH IS ZONED
MEDIUM HIGH DENSITY.” (KLEY).
AS (MHP) MOBILE HOME PARK AND IS GENERAL PLAN-DESIGNATED “2.4,
Applicant or Property Owner
Ms. Nadene Kley, Rancho Del Avion MHP, Space 135, 32742 Alipaz Street, San Juan
Capistrano, CA 92675
Consulting Arborist
Modern Tree Service, James J. Klinger, P.O. Box 487, San Juan Capistrano, CA 92675
Consultins Arborist
Bota Co. Inc., Manuel Soto, 32148 Camino Capistrano, San Juan Capistrano, CA
92675
Written Com mu n ica t ions
Staff report dated April 27, 2004
Staff presentation & recommendation
Mr. Resendiz presented the staff report as a request for removal of a tree from the rear
yard at 32742 Alipaz Street, Space #135, based on the recommendation of arborists
reports.
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Staff recommends removal of the subject tree.
Commission Questions/Comments
Commissioner Cardoza asked the age of the tree. Mr. Resendiz said that arborist
reports did not state the age of the tree. Commissioner Cardoza said the correct name
of the tree is Floss Silk Tree.
Commissioner Cohen asked what the City policy is in the event an Applicant takes no
steps toward planting a substitute tree. Mr. Resendiz said that a site inspection would
be done within three to four months after removal. Ms. Bogh said that if the condition
had not been complied with, a letter would be sent from Code Enforcement encouraging
the Applicant to comply with the condition. Ms. Bogh said that staff would schedule
follow-up inspections on permits issued in the last few months.
Commissioners Cardoza and Ratcliffe suggested that the replacement tree be
appropriate for the site.
PC Meeting 3 April 27, 2004
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution
04-04-27-1 confirming issuance of a categorical exemption and approving a tree
removal permit for a tree located at 32742 Alipaz Street, Space #135 (Rancho del Avion
Mobile Home Park).
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AYES: Commissioners Cardoza, Cohen and Ratcliffe
NOES: None
ABSTAIN: Chairman Neely
ABSENT: None
This motion passed by a vote of 3-0 with an abstention by Chairman Neely.
UNFINISHED BUSINESS
1. ARCHITECTURAL CONTROL (AC) 03-02; A REQUEST FOR APPROVAL OF
PRELIMINARY DEVELOPMENT PLANS TO CONSTRUCT A TWO-STORY. 5.963
AN AMENDMENT TO SPECIFIC DEVELOPMENT PLAN (SDP) 92-01. THE
SQUARE FOOT PROFESSIONAL OFFICE BUILDING ON A 0.46 ACRE PARCEL AND
PROPERTY IS LOCATED AT 27345 ORTEGA HIGHWAY, BETWEEN ORTEGA
PLAZA TO THE WEST AND MYSTIC GARDENS NURSERY TO THE EAST
JASSESSOR'S PARCEL 650-201 -14) (REISING LAW OFFICE). L
Owner/Applicant
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
Written Communications
Staff report dated April 27, 2004
Staff presentation & recommendation
Mr. Contreras presented the staff report, stating the applicant requests approval of
preliminary development plans to construct an office building at the property located at
27345 Ortega Highway. Mr. Contreras said that at the prior Planning Commission
meeting on this item, the Commission had directed staff to address the following issues:
0 A proposed one-way right-turn only driveway onto Ortega Highway at the
easterly portion of the site. Regarding this issue, Mr. Contreras stated that the
applicant has modified the site plan to show this driveway for emergency access
only.
PC Meeting 4 April 27. 2004
Landscape plan revisions to include more landscaping in the upper portion of the
site and along the proposed retaining wall; and
Treatment of the proposed retaining wall and perimeter wall along the eastern
property line, to screen the commercial use from adjacent residential use.
Mr. Contreras stated that the plans have been revised to show details of the
retaining wall and landscaping, and conditions of approval have been added to
specify how landscaping and wall details will be reviewed and implemented. He
stated staff is recommending adding use restrictions to the CDP based on parking
availability on the site. He concluded that staff recommends approval of the project
based on the revised conditions and plans.
Public Hearing
James Goodman, Architect representing the Applicant, offered to answer questions.
Commissioner Cardoza asked how the emergency access driveway would transition
with the existing driveway. Mr. Goodman said that the intent is to stay back from the
street and minimize visibility.
Dan Reising, one of the owners of the project, drew the Commission’s attention to Items
7 and 9 on the April 27 memorandum, asking that the requirement to plant the trees on
the adjacent property(1tem 7) and the install perimeter wall to screen the adjacent(ltem
9) should be waived if the adjacent property owner withholds permission for the
Applicant to perform this work.
Ms. Bogh said that after the staff report was distributed there were some follow-up
questions and discussions that staff held with the Applicants and their representatives
and the representative of the adjacent property owners regarding the location of the
wall, fence, and proposed pepper trees to replace the eucalyptus tree removed during
the grading. The April 27 memo clarified how the wall and fence would go in without
affecting the residential property.
Andi Culbertson, 85 Argonaut, Suite 220, Aliso Viejo, Attorney representing the
residential property owners Alan and Twila True, said the Trues would like for the
Design Review Committee (DRC) to review the landscaping plan and wall prior to
construction. Also, she requested that the portion of the fence between the Trues’
property and the subject site at the top of the slope, from the existing trees to the
property line, be of wrought iron construction rather than tubular steel. She further
suggested that the City consider requiring dedication of vehicular access rights along
the Ortega Highway frontage, to avoid attempts to install a driveway approach in the
future.
Commission Questions/Comments
Commissioner Cohen asked the City Attorney what the City’s position is on the
dedication of access rights. Mr. Sandoval said that the City typically does not require
dedication of access rights on a site plan; this is more appropriate on a subdivision.
PC Meeting 5 April 27,2004
Commissioner Ratcliffe asked what staff had discovered regarding grading on the
adjacent property. Mr. Contreras said that dual rough grading permits were granted at
the same time because the access of road and balancing of dirt on the site necessitated
that both properties be rough-graded at the same time.
Commissioner Cohen asked if the fence condition would be modified to call for tubular
steel or wrought iron; or would that issue be taken up by the DRC. Ms. Culbertson said
all of the material on the True property is wrought iron, and that the Trues request
wrought iron.
Commissioner Cohen stated he supports the project and the additional
recommendations made by staff.
Chairman Neely asked for clarification on whether both the retaining wall and screen
wall on top would return to the DRC for review. Ms. Bogh said in the resolution on page
13, condition 7 would be revised to say “all walls and fences” instead of “retaining wall.”
Chairman Neely asked that the precise design and landscaping transition of the eastern
access drive be addressed by the DRC. Ms. Bogh said page 14, item 8 of the
Resolution dated April 27 could be worded to include the requirement that driveway
transition area and the final landscape plan shall be approved by the DRC.
Chairman Neely recommended that the following specifications be part of the wall
design to be returned to the DRC: 1) a smooth trowel white stucco finish on the True
property side of the wall, 2) closure of the gap between the wall and the existing pilaster
on the True property, and 3) use of wrought iron rather than tubular steel.
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Motion
Commissioner Cardoza moved, seconded by Commissioner Cohen, to approve
Resolution No. 04-04-27-2 certifying a mitigated negative declaration and approving the
construction of a two story, 5,963 square foot professional office building and an
amendment to site development permit (SDP) 92-01 for the parcel located at 27345
Ortega Highway, including the three additional conditions provided by staff and
modification of the previous Conditions 7 and 8 to reflect all walls on Condition 7 and
the driveway transition on Condition 8, and the last three points to be specified as part
of the wall review that goes before the DRC, and that language is to be added to
Condition 9 that the requirement to construct the wall would be waived if the
construction easement were not granted by the adjacent property owner.
AYES: Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
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PC Meeting 6 April 27, 2004
This motion passed unanimously by a vote of 4-0.
NEW BUSINESS
1. ARCHITECTURAL CONTROL MODIFICATION (AC/MOd) 97-08, MODIFICATION
TO MATERIAL FOR A RETAINING WALL LOCATED ON THE WEST PORTION OF
PROPERTY AT 33633 CAMINO CAPISTRANO (WESELOH CHEVROLET/HONDA).
Applicant
John Morgan, 28570 Marguerite Pkwy #203, Mission Viejo, CA 92692
Written Communications
Staff report dated April 27, 2004
Staff presentation & recommendation
Mr. Contreras presented the staff report as a request by the Applicant for modification to
material for a retaining wall located on the west portion of the property at 33633 Camino
Capistrano. The Applicant would like to install a Foster wall system instead of the Crib
Lock retaining wall due to cost and maintenance concerns.
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Mr. Contreras stated that staff has determined that the Foster wall system will meet the
intent of the original Condition of Approval to provide for soil retention and present a
visually attractive view from properties west of the site, including the San Juan Creek
Trail, and that it is consistent with the City's design guidelines. Therefore, he stated,
staff recommends that the Planning Commission approve the request for modification of
the perimeter retaining wall system materials.
Commission Questions/Comments
Chairman Neely asked the Applicant's representative to describe the proposed
treatment. John Morgan, representing Weseloh, said that the gunnite wall is the upper
wall, with a bush finish as shown on the front of the brochure provided to the Planning
Commission.
Commissioner Cardoza asked if the proposed wall will allow landscaping, which would
mitigate the visual impact of the wall. Mr. Morgan said the wall could be landscaped
with vines, but there are no openings to permit plant materials to become established in
the wall. He stated that even in the Crib Lock wall, the base material and filter paper
behind the wall prevent landscaping within the wall treatment. However, he said the
approved landscaping plan shows extensive screening of the wall.
Commissioner Cohen said there are interesting and attractive finishes and varieties in
the brochure, and requested that samples and colors be returned to the DRC. Mr.
Morgan said the panels weigh over 600 pounds, and that Commissioners could view a
few samples that would be placed on the site.
PC Meeting 7 April 27, 2004
Commissioner Cardoza said that it is imperative for the DRC to see the samples since
this is such a prominent location.
Commissioner Cohen suggested viewing actual samples at sites in Orange County.
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Chairman Neely said the Commissioners would like to see a sample in the area or
photographs of the ashler stone in a rectangular shape.
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to continue
Architectural Control (AC/Mod) 97-08, Retaining Wall (Weseloh ChevroleVHonda) to the
May I I, 2004 Planning Commission meeting.
AYES: Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of 4-0.
2. FINDING OF GENERAL PLAN CONFORMANCE FOR 2004 SEWER SYSTEM
MASTER PLAN. u
Written Communications
Staff report dated April 27, 2004
3. FINDING OF GENERAL PLAN CONFORMANCE FOR 2004 DOMESTIC WATER
MASTER PLAN UPDATE
Written Com mu n ications
Staff report dated April 27, 2004
Staff presentation & recommendation
Ms. Bogh suggested that Items 2 and 3 be taken together and said that staff from the
Public Works Department and consultants have been working on these two Master
Plans over the last year. The purpose of the plans is to address infrastructure
deficiencies both now and under General Plan build-out. In both cases these Capital
Improvement Programs were based upon the build-out scenario called forth in the Land
Use Element of the General Plan. State law says that when a public entity develops
capital improvement plans for infrastructure, prior to the adoption of those plans by the
legislative body the planning commission needs to make a finding of conformance with
the City’s General Plan. Staff has reviewed both plans and has determined that the
plans were based upon growth projections in the General Plan, and that the plans are in
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8 April 27, 2004 PC Meeting
conformance with several goals and policies in the General Plan, specifically policies
requiring that sewer and water service should be designed and constructed to meet the
needs of the community and to provide sufficient services to community residents and
businesses and to provide public services and facilities to insure that new development
is served.
Based upon that analysis in each of these cases, staff recommends that the Planning
Commission adopt resolutions finding that these plans are in conformance with the
City’s General Plan. The City Council has the approval authority to adopt these plans, to
set the fees, and to budget for the improvements. The City Council will also adopt the
environmental findings. The Planning Commission’s authority is to adopt these two
resolutions establishing conformity with the General Plan.
Mr. Zeki Kayiran of AKM Consulting Engineers presented an overview of the Domestic
Water Master Plan Update.
Mr. Joe Mankawich said that he and the consultant worked closely with the Planning
Department on the Sewer System Master Plan, and stated he was available for
questions.
Commission Questions/Comments
Chairman Neely asked if recycled water was factored into the estimates of sustainable
yield and if there were a reduction in the City’s ability to import water, would there be a
potential to gain even a greater percentage of water from local sources by increasing
the water recovery system. Mr. Kayiran answered yes.
Chairman Neely asked the status of the City’s share of the treatment capacity within
South Orange County Wastewater Authority (SOCWA) and the future ultimate demand
and their capacities. Mr. Mankawich said it is based on proportional share of capacity.
Currently the City’s 30% share is 3.1 million gallons a day. Chairman Neely asked if the
City has a mechanism to recoup a pro-rata share of the costs of infrastructure
development from the developers for developments such as the Northwest
Development and Whispering Hills. Mr. Bauman referred to a detailed analysis that
apportions the ratio of consumption of new development to average user to be 1 :9.
Commissioner Cohen asked if there are any significant capital improvement
expenditures anticipated over the next ten years. Mr. Mankawich said that a total of $16
million was anticipated over a 20-year period.
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution
04-04-27-3 finding that the 2004 Sanitary Sewer Master Plan conforms to the City’s
adopted General Plan.
AYES: Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
PC Meeting 9 April 27, 2004
NOES: None
ABSENT: None L
ABSTAIN: None
This motion passed unanimously by a vote of 4-0.
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution
04-04-27-4 finding that the 2004 Water Master Plan Update (Domestic) conforms to the
City’s adopted General Plan.
AYES: Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of 4-0.
COMMISSION/STAFF COMMENTS
Commissioner Cardoza said that he was pleased with the presentations and staff
analysis which was carefully considered.
Commissioner Ratcliffe asked about tree removal and follow up regarding a cell phone
satellite installation done two years ago at the church at the north end of town, where
one of the screening trees was cut down. Commissioner Ratcliffe asked if staff would
follow up to see if something was planted to replace the removed tree. Ms. Bogh said
that staff would check on the status.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
9:12 p.m. The next regular meeting is scheduled for Tuesday, May 11, at 7:OO p.m. in
the Council Chambers.
Respectfully submitted, U&W Molly B h
Plan-ningbirector
Ism
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