PC Minutes-2004-05-24.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
(949) 493- 1053 FAX
Ji3t'li' sui~zruilcuput~urlo 0l.g
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WYAlT HART
JOE SOT0
DAVID M SWERDLIN
OF THE
PLANNING COMMISSION
TUESDAY, MAY 25,2004
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
Robert Cardoza
Sheldon Cohen
Gene Ratcliffe
Commissioners Absent: none
Staff Present: Molly Bogh, Planning Director; William Ramsey, Principal Planner; Omar
Sandoval, Deputy City Attorney; William Huber, Assistant City Manager; Larry
Lawrence, Consulting Project Manager; Sam Shoucair, Senior Engineer; David
Contreras , Assistant Planner; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Minutes of March 23, 2004: Commissioner Cohen moved approval, seconded by
Commissioner Ratcliffe, of the Minutes of March 23, 2004, and the motion passed
unanimously by a vote of 4-0.
Sail Juan Capistrano: Pi-esetving the Past to Enhance the Futuf-e
PC Meeting 2 May 25,2004
UNFINISHED BUSINESS
1. CONTINUED CONSIDERATION OF ARCHITECTURAL CONTROL
RETAINING WALL LOCATED ON THE WEST PORTION OF PROPERTY AT 33633
MODIFICATION (AC/MOD) 97-08, A MODIFICATION TO MATERIAL FOR A
CAMINO CAPISTRANO, GENERALLY LOCATED ON THE WEST SIDE OF CAMINO
CAPISTRANO, 250 NORTH OF STONEHILL DRIVE (WESELOH
CHEVROLET/HONDA)
Applicant
John Morgan, 28570 Marguerite Pkwy #203, Mission Viejo, CA 92692
Written Communications
Staff report dated May 25,2004
Staff presentation & recommendation
Mr. Contreras presented the staff report on this item which was continued from the April
27, 2004 Planning Commission meeting. He stated that staff had reviewed various wall
system finishes presented by the applicant as well as the approved landscape plan for
the project area in front of the wall. Based on the distance from the wall from various
views, including the San Juan Creek trail and residences on the west side of the creek,
and considering the density of landscaping proposed, staff has determined that the
applicant’s proposed material will be acceptable and meet the intent of the original
condition of approval. Staff recommends that the Planning Commission approve the
request for modification of the perimeter retaining wall system and the fractured granite
finish, and maintain the approved landscape plan showing dense landscape planting
along the wall.
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Public Hearinq
John Morgan, representative for Weseloh and Sons, showed samples and requested
the fractured granite rather than the Ashlar stone due to cost and timing considerations.
Commission Questions/Comments
Chairman Neely asked about the natural color of the fractured granite. Mr. Morgan said
the natural color is an integral color to the concrete and that it could be stained or
remain natural.
Motion
Chairman Neely moved, seconded by Commissioner Cardoza, to approve an
architectural control modification application (AC/Mod 97-08) to allow the reconstruction
of a two tiered retaining wall and additional new vehicle storage area located on the
west portion of property at 33633 Camino Capistrano, and adjacent to the
MetrolinWSCRRA Rail tracks, retaining the proposed landscaping, and including the
natural fractured granite with stained color as proposed by the Applicant.
PC Meeting 3 May 25,2004
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
This motion passed by a vote of 4-0.
Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
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I. CONSIDERATION OF THE DRAFT SEVEN YEAR CAPITAL IMPROVEMENT
PROGRAM (CIP). FISCAL YEARS 2004 THROUGH 2011 FOR GENERAL PLAN
CONSISTENCY.
Written Communications
Staff report dated May 25,2004
Staff presentation & recommendation
Mr. Huber presented the staff report as a request for consideration of the Draft Seven
Year CIP, Fiscal Years 2004 through 201 1 for General Plan Consistency. He stated the
City reviews and updates the Seven Year Capital Improvement Program on an annual
basis as required by the Municipal Code. State law requires that the Planning
Commission review the draft CIP and determine its consistency with the General Plan.
Staff recommends that the Planning Commission forward the Fiscal Year 2004 through
2011 Capital Improvement Program to the City Council with a recommendation for
adoption based on a finding that the program is consistent with the General Plan.
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Commission Questions/Comments
Commissioner Cohen and Chairman Neely commented that the CIP document was well
done. Chairman Neely said he was glad to see the driveway widenings on Del Obispo
on the list and asked if landscaping along the freeway is budgeted through the CIP. Mr.
Huber said freeway landscaping is a Caltrans project, that traffic congestion relief
projects take precedence over non-traffic congestion projects, and that Caltrans has not
authorized landscaping requested by the City.
Commissioner Cardoza asked if the Los Rios parking lot and RV parking lot are in the
Capital Improvements budget. Mr. Huber said that the Los Rios parking lot is in the
Capital Improvements Project and that the size of the RV parking lot would be
consequently reduced.
Motion
Commissioner Cardoza moved, seconded by Commissioner Ratcliffe, to approve
Resolution No. 04-05-25-1 finding that the fiscal year 2004 through 2011 Capital
Improvement Program conforms to the City’s adopted general plan.
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PC Meeting 4 May 25,2004
Motion
Commissioner Cardoza moved, seconded by Commissioner Ratcliffe, to approve
Resolution No. 04-05-25-1 finding that the fiscal year 2004 through 2011 Capital
Improvement Program conforms to the City’s adopted general plan.
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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.
PUBLIC HEARINGS
1. TENTATIVE TRACT 16632 AND COMPREHENSIVE DEVELOPMENT PLAN
HOMES AND MAINTAIN 174 ACRES OF OPEN SPACE WITHIN FOUR
LETTERED LOTS ON 314 ACRES, GENERALLY LOCATED SOUTH OF THE
TERMINUS OF CAMINO LACOUAGUE AND WEST OF LA PATA AVENUE.
[WHISPERING HILLS LLC)
lCDP 04-01), AN APPLICATION TO CREATE 155 LOTS FOR SINGLE FAMILY
AD DI ica n t
Dennis Gage, Whispering Hills LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612,
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949-833-1 I00
Proiect ProDonents
Phillip Schwartze, the PRS Group, 31682 El Camino Real, San Juan Capistrano, CA
92675,949-240-1 322
Peri Muretta, 3 Ragalo Drive, Mission Viejo, CA 92692,949-588-6090
John Erskine, Guthnew Knox Elliott LLP, 181 01 Von Karman Avenue, Suite 1800,
Irvine, CA 92612, 949-833-7800
Fred Cornwell, Pardue, Cornwell & Associates, 151 Kalmus, Suite C-230, Costa Mesa,
CA 92626,714-241-3400
Written Communications
Staff report dated May 25,2004
Staff presentation & recommendation
Mr. Lawrence presented the staff report as a request by the Applicant for an application
to create 155 lots for single family homes and maintain 174 acres of permanent natural
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PC Meeting 5 Mav 25.2004
open space within four lettered lots on 314 acres, generally located south of the
terminus of Camino Lacouague and west of La Pata Avenue. The purpose of this
meeting is to introduce the new tentative map, describe the environmental review
process, and invite Commission questions and wmments.
The new traffic study has determined that the proposed residential development will
have significant traffic impacts even though reduced from the previous project. These
include 1-5 southbound and northbound ramps at Ortega, the Ortega Highway
intersection access to the project, and two mid-block segments of Ortega Highway east
of 1-5 and west of La Pata. The identified impacts will be mitigated by the improvements
and fee contributions listed in Table 14 from the traffic study on page 6 of the staff
report.
Staff recommends that the Planning Commission receive an overview of the project,
take public input, and continue the item to the meeting of June 22, 2004 to allow for
completion of the Addendum to the certified Environmental Impact Report.
Cheryl Hodge, Environmental Consultant with Hodge and Associates, provided an
overview of the environmental process and CEQA documentation for the project.
Commission Questions
Commissioner Cohen asked about how the potential significant impacts have been
mitigated. Ms. Hodge said impacts such as grading, air quality, and biology that haven't
changed are subject to mitigation measures of the previous certified final Environmental
Impact Report (EIR).
Commissioner Cardoza asked how much of the area has been graded, if any of the
residential area has been disturbed, and the amount of acreage involved. Ms. Hodge
said the school district is currently grading over 70 acres for the high school project and
grading within the east canyon residential area is being done by the district in order to
balance dirt on the site and stabilize slopes.
Public Hearing
Phillip Schwartze, representing Whispering Hills, recapped the history of the project and
referred to a 3-dimensional model and map showing grading. The CUSD has obtained
the necessary permits from the State and Federal agencies and proceeded with
development of the property.
Commission Questions/Comments
Commissioner Cardoza asked if the public hearing would continue. Mr. Sandoval said
the public hearing would not close at tonight's meeting, but would continue.
Chairman Neely asked that a letter dated May 20, 2004 from Michael Philbrick be
entered into the record. 1) a substantive analysis of how this constitutes a new project different from the one rejected
He also requested information on the following:
PC Meeting 6 May 25,2004
through the initiative process, and 2) if changes to OCFA fire standards apply to the
access off La Mancha to the proposed estate lots.
Chairman Neely stated he would also be intaested in seeing La Pata intersection
design details for this project as well as the following information: I) how the offsite
landscaping would be integrated and maintained, 2) lighting, and 3) widening of Ortega
Highway.
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Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to continue
Whispering Hills Estates: Application for Zoning Approval of Comprehensive
Development Plan CDP 04-01; and approval of Vesting Tentative Tract Map 16634
(Whispering Hills LLC) to the June 22, 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.
Chairman Neely took Item 3 out of order since Commissioner Cardoza would be
recusing himself from Item 2.
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3. MODIFICATION TO CONDITIONAL USE PERMIT (CUP) 03-08. A REQUEST FOR
APPROVAL OF A MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW A
“TAVERN & BREWPUB” USE AND “LIVE ENTERTAINMENT” USE IN CONJUNCTION
WITH “ALCOHOLIC BEVERAGE RETAIL SALES (INCLUDING WINE TASTING)” FOR
MISSION WINERY LOCATED AT 31781 CAMINO CAPISTRANO. SUITES “201 & 202”
IN THE FRANCISCAN PLAZA (ASSESSORS PARCEL NUMBER 121-150-27)
Written Communications
Staff report dated May 25,2004
Staff presentation & recommendation
Mr. Ramsey provided an overview of the project and referred to a letter dated May 19,
2004, from Old Capistrano Merchants Association in support of the CUP for Mission
Winery. He stated that staff recommends that the Planning Commission adopt a
resolution approving a modification of the conditional use permit to allow a “tavern &
brewpub” use and “live entertainment” use in conjunction with “alcoholic beverage retail
sales (including wine tasting)” for Mission Winery located at 31 781 Camino Capistrano,
Suites “201 & 202” in the Franciscan Plaza.
PC Meeting 7 May 25,2004
Chairman Neely opened the public hearing, and seeing no one step forward, closed the
public hearing.
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Commission Questions/Comments
Chairman Neely and Commissioner Cardoza voiced their support of the application.
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution
No. 04-5-25-2 approving a conditional use permit modification to allow “Tavern &
Brewpub” use and “Live Entertainment” use at 31781 Camino Capistrano, Suite “201 &
202” in the Franciscan Plaza (Mission Winery).
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. DEVELOPMENT AGREEMENT AMENDMENT, TENTATIVE TRACT MAPS (TTM)
15609 AND 14196. PACIFICA SAN JUAN: AN AMENDED DEVELOPMENT
AGREEMENT FOR A 292 ACRE TRACT TO BE DEVELOPED WITH 416 DWELLING
UNITS AND SUBJECT TO THE PROVISIONS OF COMPREHENSIVE
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DEVELOPMENT PLAN (CDP) 81-01, FORSTER CANYON PLANNED COMMUNITY
(ASSESSOR PARCEL NUMBERS: 666-301-01, 675-081-10, 675-361-01, 05. &
OG)(APPLICANT: SJD PARTNERS, LTD.)
Commissioner Cardoza recused himself from this item.
Written Communications
Staff report dated May 25,2004
Staff presentation & recommendation
Mr. Ramsey presented the staff report and gave the history of the Development
Agreement adopted in 1992, the 1992 tentative tract map, and the approval of Tract
15609 in September 2003. The two main changes to the development agreement are
proposed to: 1) establish a new IO-year term; and 2) include a rollover provision to
maintain the option for establishing a Community Facilities District (CFD) to provide the
necessary funding for CUSD school improvements and some of the backbone
infrastructure associated with this project.
PC Meeting 8 Mav 25.2004
Staff recommends that the Planning Commission adopt a resolution recommending that
City Council approve the amended Development Agreement for tentative tract maps
15609 and 14196, Pacifica San Juan, extending the term of the agreement and
including the rollover provision. He stated that. the City Attorney's office has advised
staff that this item has been noticed for City Council action in June and it is necessary
for the Planning Commission to review this item and take public testimony.
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Commissioner Questions/Comments
Commissioner Cohen and Chairman Neely asked to see a red-lined version of
amended documents in the future.
Chairman Neely asked for clarification of sections 7.3 and 7.4 of the draft agreement.
Mr. Sandoval replied that these sections don't give the owner any rights to unilaterally
override all the terms and conditions set forth in section 7.1. Mr. Sandoval said that he
reads the agreement to say that the applicant would be responsible for the
improvements for the capital facilities, however, they control the development of their
own project and because the capital facilities are tied to their development, Le., the
streets, gutters and storm drains will be constructed as the main development develops,
7.3 and 7.4 allow the developer and the City to mutually agree to change the timing of
the public improvements in case there is an economic hardship. Mr. Sandoval said that
there is a proposal to issue bonds to build the public improvements and to create the
Community Facilities District. There would be an assessment on the properties that
would raise the money to pay off the bonds and the interest. It would raise the money
up front to build the public improvements. Many of these provisions would be moot if, in
fact, the City would be able to obtain the money through the bonds.
'd
Public Hearing
Brad Gates said that SunCal spent considerable time and thorough discussion with City
Attorney John Shaw on the vested tract map, the City building permit allocation plan,
and the CFD process, which were previously approved by the Planning Commission
and City Council. The number of permits in the allocation process was 282 permits in
'05 and 134 permits in '06, and SunCal believes they will be built out in that timeframe
or early '07. He requested approval of the agreement.
Sharon Cheever, 33512 Valle Road, a resident and Board Member of the McCracken
Hill community, spoke regarding growth management concerns and raised issues
regarding the effect of the agreement on the growth management ordinance.
Luis Rodrigues, 33512 Valle Road, asked about the potential effects of the agreement
on other developments, who also might be requesting a rollover of residential
allocations in order to issue CFD bonds. He questioned what factors will the City
Council take into account on an annual basis over the next ten years when determining
the maximum number of building permits to be issued under the Growth Management 0 rd ina nce. -
PC Meeting 9 May 25,2004
Ted Powers, 33551 Forster Ranch (Valle) Road, spoke regarding three issues that
could impact the residents of McCracken Hill. The only access road is in desperate
need of repair as quickly as possible. The residents of McCracken Hill negotiated an
agreement in which SunCal would and has prov‘i‘ded funds to assist in the repair of the
shoulder and road. A secondary access road is a necessity for the residents of
McCracken Hill for reasons of safety and “A street must be built first to connect to the
secondary access road. He requested that these issues be addressed in the
agreement.
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Commission Questions/Comments
Commissioner Cohen asked staff why there is urgency on moving forward. Mr.
Sandoval said the public hearing has been noticed for the City Council June 1, this
agreement would be approved by the City Council by ordinance, and requires lst and
2”d reading and it would become effective 30 days after that. Because interest rates are
low, it costs very little to borrow money today, so there is an urgency to get those bonds
issued.
Commissioner Cohen said that all too often the Planning Commission sees projects at
the eleventh hour.
Commissioner Ratcliffe said that it is challenging to make reasonable evaluations with
not enough time to get questions answered.
Commissioner Cohen said that it is difficult to sit with a 20-page document that is
purportedly being amended, and to try to figure out what is new and what isn’t. For all
we know 7.3 is unchanged from the original document. Mr. Ramsey said that provisions
7.2 through 7.4 are the same as in the original agreement. Commissioner Cohen said
perhaps it would have been more helpful to have a staff report fleshing out the CFD
application and information from counsel with respect to the bond requirements.
Commissioner Cohen stated his concern with the rollover of the units and impacts on
other residential projects down the road.
Chairman Neely said that the Planning Commission may not have seen the original
development agreement when the project went through. He doesn’t object to the need
for securing this rollover to be able to enable the bond sales under the CFD. What is
being requested of this action in terms of the rollover is a big policy issue that affects the
allocation process. While it is a City Council policy prerogative to provide preference to
major projects that have a need for external funding mechanisms like this to be the
basis for a grant of that rollover and how that might affect the prioritization of other
projects under the Growth Management Program, there should be a fuller disclosure in
the record prior to any action being taken by City Council.
.
PC Meeting 10 May 25,2004
Chairman Neely asked Mr. Ramsey if the other developers subject to the Growth
Allocation Program received any special notice of this action. Mr. Ramsey answered
Chairman Neely stated he can see the need for what is being requested, but it raises
questions that he does not feel prepared to give a definitive recommendation to the
Council on based on what is in front of the Planning Commission. If this item must get to
the Council because the hearing date has been set, the Commission doesn’t want to
impede the process. Chairman Neely stated he would support forwarding the item to the
Council with no specific recommendation as to the requested action, and ask City
Council to consider the implications with respect to other allocations under the Growth
Management Ordinance and the previous recommendations of the Planning
Commission to reconsider what is used in terms of rating and prioritizing the allocations
so that whatever the program is, it needs to be clearly articulated.
v that they did not.
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Commissioner Cohen added that staff may want to look into noticing all other Applicants
that have projects in the pipeline as they may be impacted by the decision that the
Council will take on this item.
Motion
Commissioner Cohen moved, seconded by Commissioner Neely, to pass the item on to
the City Council without a positive or negative recommendation, and that staff forward
the concerns expressed by the Planning Commission to the City Council for
consideration.
AYES:
-v’
Commissioners Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of 3-0.
COMMlSSlONlSTAFF COMMENTS
Ms. Bogh asked Planning Commissioners to place on their calendars the Planning
Directors Association of Orange County Planning Officials’ Forum on September 15 in
Newport Beach.
Chairman Neely said that he would be in Sacramento on June 8, and would be absent
from the June 8 Planning Commission meeting. Chairman Neely asked what happened
to the large pepper tree on the northbound 1-5 offramp at Ortega next to the Chevron
Station. Chairman Neely asked staff to verify that removal of this tree wasn’t a City
PC Meeting 11 May 25,2004
action and that it was in Caltrans’ right-of-way. Ms. Bogh stated staff would look in to this issue and provide information to the Commission.
ADJOURNMENT
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There being no further business before the Commission, the meeting was adjourned at
9:20 p.m. The next regular meeting is scheduled for Tuesday, June 8, at 7:OO p.m. in the Council Chambers.
Respectfully submitted, “%“h“ Molly gh
Planning Director Ism