PC Minutes-2004-07-2732400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171 (949) 493 1053 FAX
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MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, JULY 27,2004
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WAlT HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Chairman Neely at
7:lO p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Tim Neely, Chairman
Robert Cardoza
Sheldon Cohen
Joe Drey
Gene Ratcliffe
Commissioners Absent: none
Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney;
William Cunningham, Contract Staff; Erin Gettis, Historic Preservation Manager; Sam
Shoucair, Senior Engineer; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Minutes June 8. 2004: Commissioner Cohen moved approval, seconded by
Commissioner Ratcliffe, of the Minutes of June 8, 2004, and the motion passed by a
vote of 3-0 with Chairman Neely and Commissioner Drey abstaining.
San Juan Capistrano: Preserving the Past to Enhance the Future
PC Meeting 2 July 27,2004
PUBLIC HEARINGS -
1. SPECIFIC PLAN AMENDMENT REZONE (RZ) 04-02; A REQUEST OF THE SAN
JUAN CAPISTRANO HISTORICAL SOCIETY TO AMEND THE LOS RlOS PLAN TO
ALLOW RELOCATION OF AN APPROXIMATELY 1500 SQ. FT. EXISTING
HISTORICAL SINGLE FAMILY RESIDENCE KNOWN AS THE ARLEY LECK HOUSE
ONTO PROPERTY OWNED BY THE SAN JUAN HISTORICAL SOCIETY LOCATED
AT 31831 LOS RlOS STREET; APN 121-160-42.
Applicant
San Juan Capistrano Historic Society, Attn.: Tom Ostensen, 31831 Los Rios Street,
San Juan Capistrano, CA 92675
, Enqineer
RBF Consulting, Inc., 14725 Alton Parkway, PO Box 57057, Irvine, CA 9261 8
Architect
William Hezmalhalch Architects, 2850 Red Hill Ave., #200, Santa Ana, CA 92705
Written Communications
Staff report dated July 27,2004
Staff presentation & recommendation
Ms. Erin Gettis presented the staff report as a request to amend the Los Rios Plan to
allow relocation of the Arley Leck House onto property owned by the San Juan
Historical Society. Modifications to the house will follow the Secretary of the Interior’s
standards for the treatment of historic properties and use authentic materials, colors,
and finishes.
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Staff supports the text amendment to the Los Rios Specific Plan and recommends that
the Planning Commission forward the project to the City Council with a recommendation
of approval.
Commission Questions
Commissioner Cohen asked if staff went to the State and if the National Register is at
the federal level. Ms. Gettis said that the State office makes recommendations, submits
and approves all National Register applications for the State of California.
Public Hearing
Tom Ostensen, 31851 Via Plantero, Applicant and Vice President of the San Juan
Historical Society, spoke in support of the staff recommendation and said that Tom
Grable of the William Lyon Homes would make a brief presentation.
Don Tryon, 27539 Paseo Mimosa, Director and Archivist for the San Juan Historical
Society, spoke in support of the project and said that the proposed museum would not
be used for any commercial purposes. b
PC Meeting 3 July 27,2004
Ken Friess, 31506 Paseo Christina, member on Board of Trustees for the San Juan
Historical Society, spoke in support of the staff recommendation.
Tom Grable, William Lyon Homes, 4490 Von Karman, Newport Beach, spoke regarding
the construction aspect of moving the Arley Leck House to the location and employing
the design team working with the Historic Society to create the Site Plan and the
Precise Plan with the Conditional Use Permit application to follow the Specific Plan
Amendment.
llse Byrnes, 30500 Hilltop Way, spoke in opposition to moving of the Arley Leck House
since it does not fit architecturally in the Los Rios District.
Brad Gates, 28546 Paseo Diana, spoke in support of the staff recommendation.
Commissioner Cardoza recused himself from this item due to the involvement of William
Lyon Homes.
Commission Comments
Commissioner Cohen asked Mr. Sandoval if the Planning Commission were involved in
the 1999 amendment to the plan and if this item would go to City Council. Mr. Sandoval
answered yes and said that the item would go to City Council as a legislative act.
Commissioner Cohen said that although he was previously against the relocation of the
Leck House to the Los Rios District, he could support staffs recommendation.
Ms. Bogh pointed out a mistake in the Draft Resolution final paragraph that should have
said the Planning Commission would recommend approval of the amendment.
Commissioner Ratcliffe said that the current proposal is a better alternative than that
proposed over a year ago. She requested clarification of the conditions under which
William Lyon Homes could move the home. Mr. Grable said that City Council approved
that the house could be moved from the Honeyman Ranch property.
Commissioner Drey asked about the grade differential between the street and the
house location, if one or both trees would remain on the property, and what the
setbacks would be. Mr. Grable said the house would be 5 to 8 feet below the street, and
setbacks would be based upon the Specific Plan setbacks in place today. The Precise
Plan to come before the Planning Commission in the future would address setbacks
and placement of the house. Commissioner Drey said that he is in favor of the project.
Ms. Bogh said that once the amendment is passed the Applicant would be required to
submit a site plan review to be brought before the Planning Commission, the Design
Review Committee, and the Cultural Heritage Commission.
PC Meeting 4 July 27,2004
Chairman Neely said that he supports the project as an opportunity to provide an
educational forum for identifying cultural heritage. u
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to adopt Resolution
No. 04-7-27-1, as modified by Ms. Bogh, recommending approval of a negative
declaration and adoption of an amendment to Los Rios Specific Plan (SP) 78-01, (RZ
04-02).
AYES: Commissioners Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: Commissioner Cardoza
This motion passed by a vote of 4-0 with one abstention.
2. ARCHITECTURAL CONTROL (AC) 02-07, AND J.SERRA HIGH SCHOOL
DEVELOPMENT AGREEMENT - A REQUEST TO CONSIDER A PROPOSAL
INVOLVING AN ARCHITECTURAL CONTROL APPLICATION, DEVELOPMENT
AGREEMENT, AND EIR WITH ASSOCIATED OVERRIDING CONSIDERATIONS AND
MITIGATION MONITORING PROGRAM FOR THE EXPANSION OF AN EXISTING
PRIVATE HIGH SCHOOL BY ADDITION OF RECREATIONAL AND ATHLETIC
FACILITIES ON APPROXIMATELY 29.2 ACRES OF LAND LOCATED AT THE
SOUTHEAST CORNER OF CAMINO CAPISTRANO AND JUNIPER0 SERRA ROAD;
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ASSESSOR PARCEL NUMBER(S): 649-01 1-30,649-361-03.
This item was continued from July 13, 2004. Staff recommends discussion of the item
and a continuance to August IO, 2004.
Written Communications
Staff report dated July 27, 2004
Ms. Bogh said that this item was continued from the last meeting and is recommended
to be continued to the next meeting, and that the Applicant has requested to discuss
certain components of this project.
Commissioner Cohen asked if the Public Hearing was closed at the last meeting. Ms.
Bogh said the public hearing was closed at the last session and staff did not re-
advertise and the public hearing is closed. The Planning commission has the option of
allowing people to speak and that would not be part of the administrative record on the
public hearing.
PC Meeting 5 July 27,2004
L
Andrew Couples, Architect for JSerra South Campus facility, said that a project
manager, project designer and landscape designers were available to answer
questions. Mr. Couples presented a PowerPoint presentation regarding site layout,
setbacks, playing field shifting, fencing, natural landscape buffer, meandering path,
lighting, the bridge, building height and massing, maintaining the scenic corridors and
natural landscaping, and community concerns.
Commission Questions and Comments
Commissioner Cohen asked Mr. Couples the height of the fence from home plate to first
and third bases. Mr. Couples said that the height would be 30 feet, with a 15-foot high
left field wall. Mr. Couples provided the dais with copies of the map.
Chairman Neely, asked if there were any objections from the Planning Commission to
hear requests to speak from the audience since this is a closed hearing and not a part
of the public record. Hearing no objections, Chairman Neely invited those who had
requested to speak on the item.
Jeff Jones, 30791 Paseo Arce, spoke in opposition to the project due to increased
traffic, pollution, negative impact on the neighborhood and obstruction of views by the
bridge, and lack of need since 40 percent enrollment from San Juan Capistrano would
be 800 students.
Commissioner Cardoza asked Ms. Bogh to discuss the current status and permitted
uses. Ms. Bogh said that staff has provided information in the agenda packet regarding
the initiative adopted in 2003 establishing the land use for private high school use. The
Architectural Control (AC) and the related Environmental Impact Report (EIR) is before
the Planning Commission this evening to review considerations of site design.
Susi Morris, 30685 Calle Chueca, spoke in opposition to the project and said that the
developers and consultants were from cities other than San Juan Capistrano.
Maria Lapowski, 181 5 Lucille Avenue, Los Angeles, Professor of Anthropology at
University of Wisconsin, Madison, spoke in opposition to the project in order to preserve
the cultural and historical site of 200 burials on the sacred site of Putiidhem.
Rebecca Robles, 11 9 Avenida San Fernando, spoke in opposition to the project due to
building on a rare designated sacred site, which is too important to be lost.
Chairman Neely asked for clarification on possible appeal to the City Council of
Planning Commission decisions. Ms. Bogh said that the two aspects of the project that
require a decision by the City are the DA which is a legislative act which must go to City
Council, and that the Planning Commission is required to review and hopefully make a
recommendation on the DA. Secondly, the AC is before the Planning Commission. Per
the City’s Title 9 Land Use Code, the Planning Commission has final authority on the
AC, but that is appealable to the Council. Staff recommends continuing this item to the
August 10 Planning Commission meeting for the final recommendation of the
PC Meeting 6 July 27,2004
Development Agreement as well as the action on the Architectural Control and related
EIR. However, the Applicant has made several changes to the plan in response to
direction from staff, the DRC, and the Planning Commission at the last meeting, and the
Applicant has asked for the opportunity to present those changes and seek feedback
from the Planning Commission tonight relative to architecture and the site layout,
lighting, landscaping, and fencing so that they can finalize the plans in conformance
with Condition 9 of the staff report presented at the July 13 Planning Commission
meeting.
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Commissioner Drey said the increased setbacks and removal of courts and practice
fields, and additional bike trails have addressed previous concerns.
Commissioner Cardoza asked if relocation of structures had addressed burial sites and
if burial sites extend outside the project boundaries. Ms. Bogh said mitigation measures
adopted in the EIR and conditions of approval require that any penetration in the
sensitive area would have to be reviewed and monitored by an archeologist approved
by the City. Ms. Bogh said there may also be artifacts and remains on the north side of
Juniper0 Serra Road and the west side of Camino Capistrano.
Commissioner Cohen said he is still struggling with the bridge, field lighting, and the
enormous scope of the project.
Commissioner Ratcliffe voiced concerns with the large sports park and lighting, and said
the historical depiction should be more central. b
Chairman Neely said that the improvements to the site plan and architecture are less
than he expected, and that the Performing Arts Center or alternatives were not
addressed.
Ms. Bogh said there would not be a public notice.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to continue the item to
the August IO, 2004 Planning Commission meeting.
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of 5-0.
PC Meeting 7 July 27,2004
3. CONDITIONAL USE PERMIT (CUP) 04-05/ZONE VARIANCE (ZV) 04-07,
CONSTRUCT, OPERATE AND MAINTAIN A GROUND-MOUNTED ANTENNA AND
EAST OF 3900 CALLE ANDALUCIA; APN 675-321-03.
L SPRINT WIRELESS TELECOMMUNICATIONS FACILITY; A REQUEST TO
TELECOMMUNICATIONS FACILITY TO BE LOCATED AT THE RESERVOIR SITE
Written Communications
Staff memorandum dated July 27,2004
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to continue the item
to the August 24, 2004 Planning Commission meeting.
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of 5-0.
4. TENTATIVE TRACT 16146, BELLADONNA ESTATES; A REQUEST FOR
APPROVAL TO SUBDIVIDE A 16.14 ACRES PARCEL INTO 31 LOTS. THE PROJECT IS LOCATED ON THE WEST SIDE OF DEL OBISPO STREET, NORTH OF PASEO W
DE LA PAZ ABOUT 1300 FEET SOUTH OF CALLE ASPERO; APN 121-181-08.
Written Communications
Staff memorandum dated July 27,2004
Motion
Commissioner Cohen moved, seconded by Commissioner Cardoza, to continue the
item to the August 24, 2004 Planning Commission meeting.
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of 5-0.
PC Meeting 8 July 27, 2004
NEW BUSINESS
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None.
CO M M l SSl ON/STAFF COM M ENTS
Ms. Bogh said there had been a request to set a joint meeting between the Design
Review Committee and the Planning Commission to discuss the roles and
responsibilities and interaction of effort between the DRC and Planning Commission.
Motion
Commissioner Neely moved, seconded by Commissioner Cohen, to set a discussion
between the DRC and the Planning Commission on September 28,2004.
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed unanimously by a vote of 5-0.
u Mr. Jeff Pale, 30665 Calle Chueca, spoke regarding the demeanor, integrity, and
obvious caring attitude of the Planning Commission and staff regarding the issues.
Commissioner Cardoza said that the DRC meetings are much longer than Planning
Commission meetings and that improvements are being made in communicating to the
Planning Commission.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
9:15 p.m. The next regular meeting is scheduled for Tuesday, August 10, at 7:OO p.m. in
the Council Chambers.
Respectfully submitted, %Y Molly
Plan-ningbirector
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