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PC Minutes-2004-04-2732400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493 1 171 (949) 493- 1053 FAX \1 11'11 \~//l/l~~lll~ ~1/)1\t111110 ol<y 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. b 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). L 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. L 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 L 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. L 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. \ 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 L 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 L