PC Minutes-2004-06-22’V
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493- 1 17 1
(949) 493- 1053 FAX
ww\t’ sai~jiiaricayrstruiio org
MEMBERS OFTHE CITY COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WYATT HART
JOE SOT0
DAVID M SWERDLIN
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, JUNE 22,2004
CALL TO ORDER
The meeting of the Planning Commission was called to order by Chairman Neely 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; Larry Lawrence, Consulting Project Manager; Sam
Shoucair, Senior Engineer; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
None
PUBLIC HEARINGS
1. CONTINUED CONSIDERATION OF WHISPERING HILLS ESTATES, (TENTATIVE
b TRACT 16634, COMPOSITE DEVELOPMENT PLAN (CDP) 04-01, AND ADDENDUM
Sun Juan Capistrano: Preserving the Past to Enhance the Future
PC Meeting 2 June 22,2004
TO EIR SCH 1998-031 150): AN APPLICATION FOR THE DEVELOPMENT OF 155
L SINGLE FAMILY HOMES ON APPROXIMATELY 314 ACRES LOCATED IN THE
SOUTHEAST PORTION OF THE CITY, SOUTH OF THE TERMINUS OF AVENIDA LA
MANCHA AND WEST OF LA PATA AVENUE. 140 HOMES ARE PROPOSED IN THE
EAST CANYON AREA WITH ACCESS FROM LA PATA AVENUE, AND 15 HOMES IN
THE WEST CANYON AREA WITH ACCESS FROM LA PATA AVENUE, AND 15
HOMES IN THE WEST CANYON AREA WITH ACCESS FROM AVENIDA LA
MANCHA. THERE WILL ALSO BE 174 ACRES OF OPEN SPACE WITHIN FOUR
LETTERED LOTS. (APN# 124-140-49,50.51,53~ 124-223-23, 124-223-45.
Applicant
Dennis Gage, Whispering Hills LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612,
949-833-1 100
Proiect Proponents
Phillip Schwartze, the PRS Group, 31682 El Camino Real, San Juan Capistrano, CA
92675, 949-240-1 322
Peri Muretta, 3 Regalo Drive, Mission Viejo, CA 92692, 949-588-6090
John Erskine, Guthner Knox Elliott LLP, 18101 Von Karman Avenue, Suite 1800, Irvine,
CA 9261 2,949-833-7800
v Fred Cornwell, Pardue, Cornwell & Associates, 151 Kalmus, Suite C-230, Costa Mesa,
CA 92626, 714-241-3400
Written Communications
Staff report dated June 22,2004
Staff presentation & recommendation
Mr. Lawrence presented the staff report on this item which was continued from the May
25, 2004 Planning Commission meeting. Staff distributed an addendum two weeks ago
to the previously Certified Environmental Impact Report (EIR) for the earlier, more
intensive Whispering Hills residential project and high school. The purpose for the
meeting tonight is to invite questions and comments on the EIR addendum and to
provide for discussion of the revised tentative map and the CDP.
Mr. Lawrence summarized the findings of the new traffic study, which has determined
that the proposed residential development will have significant traffic impacts at three
intersections and two mid-block road segments, including 1-5 freeway southbound and
northbound ramps at Ortega Highway, La Pata Avenue and Ortega Highway, and two
road segments (Ortega Highway east of 1-5 and Ortega Highway west of La Pata
Avenue.) In addition to the improvements identified as required at those intersections
and road segments, the developer will be required to pay traffic fees for the Capistrano
Circulation Fee Program in the amount of $7,387 per dwelling unit, or a total of $1.1
L million. The Transportation Commission has reviewed the traffic study and
PC Meeting 3 June 22,2004
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recommended that the identified mitigation measures be required as conditions of any
project approval. The traffic study has been provided to the Planning Commission as
part of the EIR addendum.
The new CDP contains a total of 404 acres, 52 of which are taken up by the high
school. Of the remainder there are 140 acres in the two residential development areas,
174 acres retained in natural open space and 34 acres of additional open space in the
strip of land along La Pata to be annexed to the City will be retained.
Staff believes that the project is an improvement over that which was approved
previously by the City. The amount of open space is greater than before and there are
increased lot sizes in the east canyon and 20 fewer dwelling units. The west canyon is
virtually identical with that previously approved with 15 large estate lots and a 500 foot
minimum setback between the existing Hidden Mountain Estates development and the
new homes.
Staff recommends that the Planning Commission fotward the project to the City Council
with a recommendation of approval subject to the conditions in the staff report.
Commission Questions/Comments
Chairman Neely asked where candidate sites for the reservoir might be. Mr. Lawrence
pointed to two candidate sites, each on an area of the western and eastern ridgelines,
and said that the preference would be to bury the reservoirs or to provide a landscaped
berm around the reservoir if economically feasible.
Public Hearinq
Phillip Schwartze, representing Whispering Hills Estates, referred to a letter given to the
Commissioners this evening that recaps the key points. The Applicant has read and
concurs with the conditions of approval.
Mark Nielsen, 31621 Via Quixote, referred to a letter Tony Foster drafted to the
resource agencies regarding getting relief on public use restrictions for the Camino
Lacouague access, the drop-off point for the high school. Mr. Nielsen asked that staff
reconsider requesting in-lieu fees instead of requiring affordable housing to be done on
site. Mr. Nielsen referred to page 7 of the staff report regarding density, Table 2 Section
3.3.6 in the CDP regarding frontages, and the maximum floor area ratio be consistent
with Title 9. Mr. Nielsen voiced concern regarding the distance between units and
referred to page 3-5 section 3.4.3 regarding educational and utility buildings. In section
4.3 development review procedures page 4-2. Mr. Nielsen asked that the wording,
“except as otherwise modified through adoption by the City Council of a Development
Agreement for the project” not be included, and that page 23, condition 3.1 should be
changed to allow affordable housing be required to be on site.
Mr. Lawrence said that the condition prohibiting drop-offs remains and that the
Lacouague utility maintenance road will still be gated for control purposes. That road is
the only potential bikeway connection that is usable and reasonably safe between the
PC Meeting 4 June 22,2004
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high school, the residential area and the rest of the City. The project’s development
concept of large single-family lots does not lend itself to affordable housing, and the
contribution of the fee to the City’s fund could help support an affordable housing
project. The slope density issue has changed because the zoning code has changed.
The grading for the high school tends to render such calculation moot because it has
been largely flattened. The tentative map shows more than 90 foot frontages. The FAR
issue is one of density and development intensity, and the Commission could
recommend changes to the FAR and frontage issues. Every single-family detached lot
should stand on its own and should not be dependent on whether the next-door
neighbor builds out to his setback or not. The developer is planning to approach the City
with the possibility of a Development Agreement, and it should be referenced in the
CDP. Mr. Lawrence said that staff tried to partially replicate what is now allowed by the
County in the transition line easement along La Pata Avenue as far as educational and
utility structures, since there are already transmission towers.
Chairman Neely asked if the open space being discussed is the county strip adjacent to
La Pata between the project and La Pata that has utility structures on it and if it would
be a proposed ultimate local park site. Mr. Schwartze said that it seemed natural that
there may be a spill-over of school uses when this portion is annexed into the City. Ms.
Bogh said it is part of the CDP and one of the requirements for annexation is that a
rezone needs to be established for that 34-acre strip of land and the CDP process is the
rezoning.
Commissioner Cohen said that the City needs to eventually address the need for
affordable housing, and asked if project landscape plans and architectural details would
come back to the Planning Commission. Mr. Lawrence confirmed that they would.
Commissioner Ratcliffe asked about the status of the Hidden Mountain gate at San
Juan Creek Road and if staff could obtain permission from the property owner who
would be impacted, and if it were a question of stacking. Mr. Schwartze said there is a
desire by the City and the residents of Hidden Mountain to make changes, and that he
understood that an existing right-of-way configuration would allow some additional
stacking.
Commissioner Cardoza said that special care should be given to restoration and re-
vegetation of natural elements such as arroyos, and that although this project isn’t
appropriate for affordable housing, the over-all project is an improvement.
Chairman Neely said he was impressed with the preservation of open space and is in
agreement with the staff recommendation with the addition to condition 1.27 of
disclosure of the reservoir site(s) to home buyers, to the extent known at the time, that
the package goes to the residents. Chairman Neely spoke of his concern that this
project will be requesting an amendment of the permit allocation vis-a-vis the City’s
growth management ordinance.
L Commissioner Cohen said supply and demand take care of the permit allocation issue.
PC Meeting 5 June 22,2004
Motion
L Commissioner Cardoza moved, seconded by Commissioner Cohen, to adopt
Resolution 04-6-22-1 recommending approval of a Comprehensive Development Plan
and Vesting Tentative Tract Map 16634 to the City Council with a recommendation for
approval subject to the conditions according to the draft resolution and the addition of
the water tank information. This motion also includes the Findings included in the staff
report and Resolution.
AYES: Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSTAIN: None
ABSENT: None
This motion passed by a vote of 4-0.
2. CONTINUED CONSIDERATION OF REZONE (RZ) 04-04, ARCHITECTURAL
CONTROL (AC) 03-05, CAPISTRANO ANCILLARY FACILITY; A REQUEST FOR
APPROVAL OF AMENDMENTS TO THE “R&D” (RESEARCH AND
DEVELOPMENT/OFFICE) DISTRICT DEVELOPMENT STANDARDS OF THE
\u PRELIMINARY SITE AND ARCHITECTURAL PLANS FOR A 125,388 GSF
ADMINISTRATIVE OFFICE COMPLEX ON AN EXISTING 17.38 ACRE PARCEL
LOCATED AT THE SOUTH END OF VALLE ROAD; ASSESSOR PARCEL NUMBER:
FORSTER CANYON COMPREHENSIVE DEVELOPMENT PLAN (CDP 81-01) AND
675-361-06 (CAPISTRANO UNIFIED SCHOOL DISTRICT).
Written Communications
Staff report dated June 22,2004
Staff presentation & recommendation
Mr. Ramsey presented the staff report on this item which was continued from the June
8, 2004 Planning Commission meeting. The project consists of a rezone application to
amend the development standards established by the Forster Canyon Comprehensive
Development Plan for the “R&D” (Research and Development/Office) District. The
project also includes consideration of an architectural control application for the
development of a proposed 125,388 gross square feet administrative office complex for
the Capistrano Unified School District (CUSD). Staff has evaluated the issue of building
height and how different building configurations relate to a 30 to 35 foot height.
Three options were presented for the Planning Commission to evaluate: I) denial of the
Applicant’s requested 39 foot building height standard, which would impose the City’s
standard height of 35 feet; 2) approval of an alternative building height standard of 37
feet; or 3) approval of the Applicant’s 39 foot height standard.
PC Meeting 6 June 22,2004
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Two concepts for the vertical tower element massing and location were presented,
including design issues. Staff noted that DRC recommendations had been incorporated
in the landscape palette.
Staff recommended that the Commission conditionally approve the project; provide staff
with specific direction on the tower element alternative design; approve color palette
alternative #2; and recommend City Council approval of the project with revisions to
reflect Commission direction.
Public Hearinq
Anson Rane, PJHM Architects Southwest, 647 Camino del 10s Mares, #201, San
Clemente, showed renderings of the building and tower designs and requested the 39
foot building height so as not to compromise the design on what he described as a
unique 17-acre site next to the 1-5 freeway.
Commissioner Cardoza said the DRC requested that consideration be given to how the
main entrance would appear if there were one tower and asked about lighting. Mr. Rane
said that either of the tower designs would work, and that the lighting height would not
have a negative impact on McCracken Hill residents.
Chairman Neely said that the architectural rendering did not appear realistic as to what
would be seen from the freeway in terms of slope and building heights.
Carolyn Nash, 32906 Avenida Descanso, spoke in opposition to the project, asking that
the site plan be modified by moving building B further back on the site, placing buildings
A and C at more of an angle to building B to break up the massiveness, eliminating the
tower, and maintaining the City's long-held building height standard of 35 feet.
Richard Hill Adams, 33532 Forster Ranch Road, spoke in support of the project and
said that the CUSD has kept the neighbors informed and the neighbors voted to support
the project.
Luis Rodrigues, 33512 Forster Ranch Road, spoke in support of the project due to the
unique site, sound mitigation, and the architectural design and landscaping to enhance
the surrounding community.
Sharon Cheaver, 33512 Forster Ranch Road, spoke in support of the project due to
manner in which traffic will be controlled and native vegetation will be managed.
David Doomey, Associate Superintendent, CUSD, 32972 Calle Perfecto, spoke in
support of the project stating that the building will complement the City and provide
needed working conditions for District employees. Mr. Doomey spoke in support of the
39 foot height element and the tower, and asked consideration for the District's need to
avoid further costs with more changes.
PC Meeting 7 June 22,2004
Mark Nielsen, 31621 Via Quixote, asked that the Commission maintain the standard 35
foot height and not set a negative precedent by increasing building height.
Com m issioner Com ments
Commissioners Ratcliffe and Cohen voiced concerns with setting a precedent to deviate
from the City’s building height standard unless there is a functional requirement.
Commissioner Cardoza said that he prefers color option 2, landscape setback from 20
feet to 10 feet, a 46 to 48 foot tower (option I), and a 37 foot building height.
Chairman Neely said that he supports the design, layout, and height of the structures
due to the unique setting and the fact that the neighbors close to the project have
accepted the fundamental design. He doesn’t like either tower alternatives presented,
would favor color palette 1, and would like to see the color palette return to the DRC.
Mr. Neely asked staff if the Planning Commission is advisory to the City Council on the
rezone, and if final action on the CDP would be pending confirmation by the Council’s
approval of the rezone. Mr. Ramsey confirmed that is correct.
Commissioner Cohen said that exceeding the height limitation should be a decision
made by City Council, and asked Mr. Sandoval for a recommendation. Mr. Sandoval
said that the Planning Commission does need to take action on the AC, the height is
part of the AC, and that the AC decision would be contingent on the City Council
approving the zoning change. If the City Council does not change the zoning, the AC
will be void. If the Planning Commission disapproves the AC, but the City Council
approves the zoning, if the school district does not appeal the AC, then the AC would
have to come back to the Planning Commission with some modification that the
Planning Commission would approve consistent with the zoning action by the City
Council. If any Commissioner should abstain from voting, there would still a quorum with
three present, so the majority of a quorum would be taking action on this item.
Chairman Neely said the lighting, the colors, the tower, and landscape of the foreground
should come back to the DRC. The issue of height would be a policy matter to be
forwarded to City Council for their determination as part of the rezone consideration.
Motion
Commissioner Cardoza moved, seconded by Chairman Neely, to adopt Resolution 04-
6-22-2 conditionally approving architectural and site development plans, with Conditions
2, 3, 4, and 5 to include provisions to be reviewed and approved by the DRC. The
Commission deferred the building height amendments to the “R&D” District standards of
Comprehensive Development Plan (CDP) to City Council as a policy matter. Ms. Bogh
clarified the items to go back to the DRC, as Conditions 2, 3 with the addition of tower
design and height, 4, and 5.
PC Meeting 8 June 22,2004
AYES:
NOES: None
Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely -
ABSTAIN: None
ABSENT: None
This motion passed by a vote of 4-0.
Chairman Neely stated he agreed to the above motion due to the impasse regarding the
39 foot building height.
NEW BUSINESS
1. GRADING PLAN MODIFICATION (GPM) 04-01, SUBDIVISION EXCEPTION (SE)
04-01; A REQUEST TO GRADE AN EXISTING LOT AND CONSTRUCT TIERED
RETAINING WALLS TO CREATE A BUILDING PAD FOR A CUSTOM SINGLE-
FAMILY RESIDENCE AND TO ALLOW 1 %:I MANUFACTURED SLOPES WHERE
SLOPES, ON A 2.65 ACRE LOT LOCATED AT 26922 PASEO CARDER0 AT THE
L 1060 FEET EAST OF THE INTERSECTION OF RANCHO VIEJO ROAD AND
SECTION 9-4.313(A)(2) OF TITLE 9, LAND USE CODE REQUIRES MAXIMUM 211
EASTERN END OF THE CUL-DE-SAC IN THE MALASPINA SUBDIVISION ABOUT
MALASPINA DRIVE (TRACT 91 84, LOT 1 O)(APN: 650-1 61 -14)(APPLlCANT: LARRY &
SYDNEY GIELOW).
Written Communications
Staff report dated June 22,2004
Staff wesentation & recommendation
Mr. Ramsey presented the staff report as a request to grade an existing lot and
construct tiered retaining walls to create a building pad for a custom single-family
residence and to allow 1 %:I manufactured slopes. He stated it is difficult to maintain
landscape cover on a continuous basis on a 1 %:I slope, necessitating the tiered
retaining walls. Staff had identified a concern with the potential for offsite visual impacts
from the grading and walls. After meeting on May 6, the DRC recommended conditional
approval .
Staff recommends that the Planning Commission adopt a resolution denying Grading
Plan Modification 04-01, and Subdivision Exception (SE) 04-01 for the Gielow property,
based on the findings that the grading plan deviates substantially from that approved for
the original subdivision, which was conditioned to follow the City’s hillside grading
standards.
PC Meeting 9 June 22,2004
Commissioner Questions/Comments
Commissioner Cohen asked for more information regarding the difficulties of 1 %:I
slopes. Mr. Ramsey cited examples of the slope along Rancho Viejo Road that was
graded along Spotted Bull Lane that has suffered occasional loss of landscaping and
has been difficult to maintain, and the Stone Field subdivision off of Calle Sparrow and
Del Obispo Street where a fairly heavy rainstorm washed out a portion of that slope
within several weeks after landscaping with jute matte.
Chairman Neely asked if the information in the staff report regarding the comparative
square footage of other nearby developments was available at the DRC meeting. Mr.
Ramsey said that it was not.
Commissioner Cardoza said that the review criteria given to the DRC was minimal. Mr.
Ramsey said that at the point that it was brought to the DRC for design review
consideration staff had not identified hillside grading criteria as being applicable.
Commissioner Ratcliffe asked about the hammerhead turnaround and the Orange
County Fire Authority’s preference for a turnaround between the home site and the cul-
de-sac. Mr. Ramsey pointed out the location on the map.
Public Hearinq
Applicant Larry Gielow, 3018 Samoa Place, Costa Mesa, said that he is hoping to build
his dream home at 26922 Paseo Cardero. He gave a history of his background as a
home designer and builder with extensive experience in hillside construction. He gave a
history of his efforts to comply with all regulations in creating grading plans for the
subject property and said that his neighbors have signed approval to the project. After
spending ten months and $30,000, he still was unable to obtain a preliminary grading
plan. Mr. Gielow referred to and answered points in the staff report, and referred to
other homes built on steep slopes.
Mr. Cohen asked for the additional pages on Exhibit C. Mr. Ramsey summarized by
saying that Heatherington Engineering reviewed the original geotechnical report and the
geotechnical work has been approved by the City’s peer review geologist.
Mr. Gielow said that the Fire Department’s request to put the home up front is not
feasible because main level access is critical.
Robin Leffler, 3025 Samoa Place, Costa Mesa, spoke in support of the project, citing
Mr. Gielow’s high standards in other building projects.
Bruce Canetti, 29112 Country Hills Road, spoke in support of the project and said Mr.
Gielow’s expertise in hillside building is second to none and that the theme of San Juan
Capistrano is maintained with this project.
PC Meeting 10 June 22.2004
Commissioner Questions/Comments
Commissioner Cardoza said that he feels a sense of justice needs to be considered,
that the Applicant has been willing to comply with all regulations, and that conditions on
page 7 regarding the preliminary landscape design and retaining walls could be referred
back to the DRC.
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Commissioner Ratcliffe said that she is sympathetic to the travails of building and
grading permit applicants with the layers of regulations, that there is no malevolence
intended, and that a lot of grading and cut and fill is required for a house that big.
Chairman Neely said his initial reaction was that it was too big a project for the site and
that it relied heavily on retaining walls and it would likely be inconsistent with its
surroundings. However, Exhibits K and L set the tenor for the development right across
from the Applicant, and the 1 %:I slope will not be exposed and visible to the
neighborhood.
Motion
Commissioner Cardoza moved, seconded by Chairman Neely, to reword the resolution
to convert negative findings to positive findings to support the project, then adopt
Resolution 04-6-22-3 approving a grading plan modification, and approving a
subdivision exception for Tract 91 84, Lot 10 for an existing single-family lot located at
26922 Paseo Carder0 and more precisely referred to as assessors Parcel Number 650-
161-14 (Gielow), with the condition that the landscape plan be brought back to the DRC.
AYES:
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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. TREE REMOVAL PERMIT (TRP) 04-73; AN APPLICATION TO REMOVE ONE
RED GUM EUCALYPTUS TREE WITHATRUNK DIAMETER OF APPROXIMATELY
49 INCHES, AND TWO TORREY PINES WITH A DIAMETER OF 29 AND 31 INCHES,
RESPECTIVELY, ON A 20,855 SQUARE FOOT LOT LOCATED AT 31972 CAMINO
CAPISTRANO. THE PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST
CORNER OF DEL OBISPO AND CAMINO CAPISTRANO. (APN # 668-242-14;
APPLICANT: WASHINGTON MUTUAL BANK).
Applicant or Propertv Owner
Washington Mutual Bank, 31 972 Camino Capistrano, San Juan Capistrano, CA 92675
Applicant Consulting Arborist
Modern Tree Service, James J. Klinger, P.O. Box 487, San Juan Capistrano, CA 92693 v
PC Meeting 11 June 22.2004
L- Citv Consultincl Arborist
West Coast Arborists, Inc., Sara Young, 2200 E. Via Burton Street, Anaheim, CA 92806
Written Communications
Staff report dated June 22,2004
Staff presentation & recommendation
Mr. Ramsey presented the staff report as an application to remove one red gum
eucalyptus tree and two Torrey pine trees, on a 20,855 square foot lot located at 31972
Camino Capistrano. Mr. Ramsey said that the Torrey pine tree located closest to
Camino Capistrano that grows over the top of Washington Mutual Bank has previously
been the subject of a tree removal request in 1980 and in 1994, and the decision was to
preserve it.
Staff recommends that the Planning Commission approve TRP 04-073 for the removal
of the red gum eucalyptus tree subject to conditions of approval, and deny removal of
the two Torrey pine trees.
Commission Questions
Commissioner Cardoza asked the age of the tree and if it had any historical
significance. Commissioner Ratcliffe said that red gum eucalyptus trees grow very fast.
u Public Hearing
Craig Shelby, Facility Manager employed by C.B. Richard Ellis, speaking on behalf of
Washington Mutual Bank, said that he submitted the application for removal of the trees
because the Applicant deemed the trees to be a potential safety hazard if the Torrey
pine tree leaning over the Washington Mutual Bank entrance falls down. The eucalyptus
tree is diseased. There is 4 to 6 inches heaving of the sidewalk pavement from the
Torrey pine tree near the driveway entrance into the parking lot, and there would be a
potential safety hazard if the tree falls.
Carolyn Nash, 32906 Avenida Descanso, asked that all three trees be preserved.
Mr. Shelby asked if the trees are maintained, Washington Mutual would suggest that the
responsibility for denial be placed on the City if there is an incident where a tree falls
down that Washington Mutual be absolved of any responsibility because they deemed
that it is an issue.
Commission Questions/Comments
Commissioner Ratcliffe said that she is in favor of retaining the Torrey pine trees and
removing the red gum eucalyptus and asked legal counsel about indemnifying the City
or Washington Mutual. Mr. Sandoval said that State law provides immunity to the City.
PC Meeting 12 June 22.2004
Commissioners Cohen and Cardoza agreed that the Torrey pine trees should be
retained. Commissioner Cardoza said that if the eucalyptus is removed, it should be
replaced by a tree that would be significant 10 to 20 years from now.
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Ms. Bogh asked if it is the Commission's intent to ask for a replacement tree for the red
gum eucalyptus, and if it would be the same type or different type of tree. Commissioner
Ratcliffe said that it would depend if the eucalyptus stump could be ground out and if
another tree could be planted without disturbing the two remaining trees.
Motion
Commissioner Ratcliffe moved, seconded by Commissioner Cardoza, to adopt
Resolution 04-06-22-4 confirming issuance of a categorical exemption and approving a
tree removal permit for the red gum eucalyptus tree, and denying removal permits for
two Torrey pine trees, located at 31972 Camino Capistrano, and to replace the
eucalyptus except as otherwise determined by a certified arborist to be detrimental to
the Torrey pine trees.
AYES: Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None
'W ABSTAIN: None
This motion passed unanimously by a vote of 4-0.
2. TREE REMOVAL PERMIT (TRP) 04-072. AN APPLICATION TO REMOVE A
COAST LIVE OAK TREE, WITH A DIAMETER OF 24 INCHES AND
APPROXIMATELY 50 FEET HIGH ON A 6,000 SQUARE FOOT LOT IS LOCATED
AT 31471 LA MATANZA STREET, APPROXIMATELY 190 FEET NORTH OF
ACJACHEMA STREET (APN # 124-203-06)(APPLICANT: JOE MANKAW ICH)
Written Communications
Staff report dated June 22,2004
Applicant
Joe Mankawich, 31471 La Matanza, San Juan Capistrano, CA 92675
Consu I t i n q Arborist
West Coast Arborists, Inc., 2200 E. Via Burton St., Anaheim, CA 92806
Soils Consultant
Soil and Plant Laboratory, Inc., P.O. Box 153, Orange, CA 92863-6566
PC Meeting 13 June 22,2004
Staff presentation & recommendation
Chairman Neely called for questions only due to the late hour. -..-A
Commission Questions
Chairman Neely and Commissioner Ratcliffe said it looks as though the tree must be
removed since it is not salvageable.
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution
No. 04-06-22-5 confirming issuance of a categorical exemption and approving a tree
removal permit for a tree located at 31472 La Matanza.
AYES: Commissioners Cardoza, Cohen and Ratcliffe and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of L+-
COMMISSION/STAFF COMMENTS
Commissioner Cohen asked if there is a new Denny’s sign off Ortega Highway. Mr.
Ramsey said the sign is being reconstructed in the same location with the same design
consistent with what has been approved by the Planning Commission.
Commissioner Ratcliffe expressed appreciation for the follow-up memos included in the
package regarding the pepper tree and the church.
Chairman Neely said that he would be on vacation June 30 through July 15.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
11:lO p.m. The next regular meeting is scheduled for Tuesday, July 13, at 7:OO p.m. in
the Council Chambers.
Respectfully submitted,
U Molly ah
Planning Director
ism