PC Minutes-2004-09-14L,
32400PASEOADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493 1 17 1
(949) 493- 1053 FAX
w~rn~.suizJ~~ancup~~f~u~lo 0r.g
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WAlT HART
JOE SOT0
DAVID M SWERDLIN
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, SEPTEMBER 14,2004
CALL TO ORDER
The meeting of the Planning Commission was called to order by Vice Chairman
Cardoza at 7:05 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Robert Cardoza, Vice Chairman
Sheldon Cohen
Joe Drey
Gene Ratcliffe
Com m issioners Absent: Tim Neely, Chairman
Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney;
William Cunningham, Contract Staff; William Ramsey, Principal Planner; Alan Oswald,
Traffic Engineer; Lynnette Adolphson, Management Analyst; Amy Volzke, Principal
Planner; Larry Lawrence, Consulting Project Manager; Sam Shoucair, Senior Engineer;
Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Minutes Julv 27. 2004: Commissioner Ratcliffe moved approval, seconded by
Commissioner Drey, of the Minutes of July 27, 2004, and the motion passed by a vote
of 4-0, with Commissioner Cardoza stating for the record that he was not present for the
discussion of the Leck House within the minutes.
Minutes August 10. 2004: Commissioner Cohen moved approval, seconded by
Commissioner Drey, of the Minutes of August IO, 2004, and the motion passed by a
L vote of 4-0.
San Juan Capistrano: Preserving the Past to Enhance the Future
PC Minutes 2 September 14,2004
PUBLIC HEARINGS
L- I. REZONE 04-07, ARCHITECTURAL CONTROL (AC) 04-05, VALLE RANCH: A
COMPREHENSIVE DEVELOPMENT PLAN'S "R&D" (RESEARCH & DEVELOPMENT-
REQUEST FOR APPROVAL OF AN AMENDMENT TO THE FORSTER CANYON
OFFICE) DISTRICT REGULATIONS, SECTION V.D.l O.F., DEVELOPMENT
STANDARDS; AND, PRELIMINARY SITE AND ARCHITECTURAL PLANS FOR A
44.373 SQUARE FOOT COMMERCIAL OFFICE COMPLEX ON AN EXISTING 3.00
ACRE PORTION OF A PROPOSED 16.73 ACRE PARCEL LOCATED 1500 FEET
REALTYMNORTH R&D SITE, 141 96, PACIFIC POINT).
SOUTH OF THE SOUTHERN END OF VALLE ROAD (APN: 675-361-O6)(CENTRA
Staff presentation & recommendation
Mr. Ramsey presented the staff report as a request for approval of an amendment to
the Forster Canyon Comprehensive Development Plan's "R&D" District regulations,
Section V.D.lO.f., Development Standards; and, preliminary site and architectural plans
for a 44,373 square foot commercial office complex on an existing 3.00 acre portion of a
proposed 16.73 acre parcel located 1500 feet south of the southern end of Valle Road
(Centra Realty)(North R&D Site, 14196, Pacific Point). He stated staff has proposed a
number of conditions and a number of elements to come back to the Design Review
Committee (DRC). Mr. Ramsey stated that pursuant to a previously approved
Development Agreement, SJD Development, rather than Centra Realty, has retained
the responsibility for maintaining off-site water system and traffic improvements. This
agreement has been reviewed and approved by City Council. He concluded that staff
recommends that the Planning Commission adopt the amended resolution on the
agenda item supplement that would recommend approval of the amendment to the CDP
and conditionally approve the Architectural Control.
'u
Commissioner Questions and Comments
Commissioner Cardoza asked for clarification of how the resolution had been changed
and any affect from this change on the building's footprint. Mr. Ramsey referred to page
7 of the agenda item supplement, and pointed to minimal landscape changes to the
northwest corner of the site.
Public Hearing
Phillip Schwartze, representing Centra Realty and the Valle Ranch project, said that
George Peterson, Keith Ross, and Steve Sandland were present tonight from Centra
Realty, as well as Ken Wink, Project Architect. The applicants feel that the building
improvements have improved the architecture and landscape palette, and request
approval of the AC and Conditions of Approval.
Ken Wink, Ware Malcomb Architects, 181 11 Von Karman, Suite 600, Irvine, pointed out
the five buildings on the wall map, the courtyard, and referred to building heights, entry
elements, reduced window sizes, and increased height of the stone treatment on the
building facades.
PC Minutes 3 September 14,2004
Jim Ridge, Ridge Landscape Architects, 8841 Research Drive, Irvine, project landscape
architect, said that the landscape plan exceeds requirements and includes indigenous,
L drought tolerant trees.
Steve Sandland, Vice President, Centra Realty Corporation, 3 Park Plaza, Irvine,
representing the applicants said they are in agreement with the staffs recommendation
to approve the zone change and architecture plan. He asked that the Planning
Commission approve the exterior schemes for the buildings without the applicant having
to go back to the DRC. He asked that the Planning Commission approve the location
and general size of the signs on exterior elevations in the packet. He asked that
Condition 5. I, construction and participation of offsite circulation improvements prior to
the issuance of a second occupancy permit, be struck, because these are the
obligations of the master developer, Suncal. The applicant believes that the
Development Agreement that exists with the City is sufficient to meet this requirement
and doesn’t feel their occupancy requirements should be tied to this condition. Mr.
Sandland also referred to Condition 2.1 on page 11, regarding construction of all
domestic water system. The concrete tilt-up type of construction proposed for these
buildings requires a 300-ton crane and their experience has been that if water lines are
put in prior to the construction of the building and tilting of the walls, the crane can crush
some of the waterlines. Therefore, he requests that the water lines be required prior to
certificate of occupancy, rather than prior to building permits.
Mr. Ramsey said that Condition 4 would have DRC review a number of elements such
as architectural details, sign font colors, lighting, and landscaping. Widening of La Novia
b and other conditions related to road improvement were taken from SunCal and
incorporated into Conditions of Approval. He stated staff recommends that Condition 2.1
be changed as requested by the applicant.
Mr. Oswald said the original condition for offsite road improvements was placed on the
SunCal Development. The partial assignment and assumption of Development
Agreements redefined who was responsible for making these improvements. There has
not been a traffic study done for this particular project. The study from the North R&D
site was used to cover this and the Capistrano Unified School District (CUSD) site. It
was an original requirement of the entire SunCal Development including this site, and
was the subject of a development agreement signed by SJD Development, Centra
Realty and the City. These conditions for offsite street improvements need to be
incorporated into these approvals. Ms. Bogh said the question may be more a matter of
timing. Although the master developer improvements are the obligation of SJD, there
are certain improvements to be done to support this project, and for whoever goes first
in the development process, the obligation is still there.
Commissioner Questions and Comments
Vice Chairman Cardoza asked if the responsibility for financial improvements was
placed on SunCal. Mr. Oswald said that SJD Development would be handling all the
costs of improvements. Ms. Bogh said Centra Realty has been conditioned not to
occupy the second building until the improvements are done.
Mr. Sandland said the improvements are bonded and the City could call those bonds,
and that the improvements to Valle Road would be done by SunCal prior to occupancy. L.-,
PC Minutes 4 September 14,2004
He said that the widening of La Novia Avenue does not benefit this project. La Novia is
designed as one of the main entries to the SunCal property.
Mr. Ramsey said the Subdivision Improvement Agreement requires that SJD Partners
complete this improvement by the 60” permit of the third phase. Mr. Sandland said he
couldn’t say when the 60* permit would be issued, and that the improvements on Valle
Road are to be completed by the end of this year. Ms. Bogh said that staff would not
recommend that bonding be accepted in lieu of the street improvements because it
wouldn’t be typical that the City would try to call bonds and build streets to support the
development project. That is the developer’s obligation. Ms. Bogh also said that it
cannot be said with certainty that there isn’t a need to widen La Novia to support this
project. This is a significant amount of office space and with the current congestion at
the intersection of Ortega Highway and the 1-5, many people use La Novia as a way of
getting through town.
L
Mr. Sandland said the costs for improvements on Valle Road are much more significant
and the capacity that the project is putting into Valle Road more than makes up for any
traffic that would use La Novia.
Commissioner Ratcliffe asked for clarification of the condominium subdivision referred
to on page 5. Mr. Ramsey said the Applicant has submitted a Subdivision Map for
creating condominium space, or ownership units within the office buildings, which would
be coming back to the Planning Commission in the future.
u Vice Chairman Cardoza said one concern of the DRC was that the project architecture
was too similar to the other project that was made reference to. Mr. Cardoza asked for
clarification of the extent to which the style of architecture was to be compatible with the
project next door, according to staff report recommendation. Mr. Ramsey said staff
would like to afford the Planning Commission the opportunity to send this back to the
DRC because of the changes made by the applicant since the July 1, 2004 DRC
meeting.
Commissioner Cohen said since the Planning Commission has not been privy to what
transpired at the DRC, and since there were concerns raised at the DRC regarding the
architectural style and roof element, that it would need to go back to the DRC.
Vice Chairman Cardoza agreed that the DRC needs to review the project colors,
lighting, and landscape palette.
Commissioner Ratcliffe asked if the color board changes were reflected in the current
rendering. Vice Chairman Cardoza said it is hard to tell from the color board; however
that is a relatively minor item that could be addressed by the DRC.
Commissioner Drey asked for clarification regarding roof heights. Vice Chairman
Cardoza said that the DRC asked that the 4’ exposed roof portion be increased to 6’.
L Mr. Oswald presented an alternative to Condition 5.1, where the developer could pay
their fair share at the time of occupancy of Building 2.
PC Minutes 5 September 14,2004
Ms. Bogh asked if the fair share would be determined through a traffic study. Mr.
Oswald said it is already identified in the agreement and the wording change at the
bottom of page 9 of the amended resolution would be similar to what is in Condition 4.4
directly above it, replacing “shall construct” with “shall pay required fair share for . . .”
L
Commissioner Cohen asked about the potential of the improvements not being made.
Mr. Ramsey said that since it is an indirect, cumulative impact, fair share would be
consistent with City policy. Mr. Sandoval said that when the development that would
trigger the widening at La Novia occurs, part of the money would be used for that
widening.
Commissioner Drey asked why the DRC requested a dissimilar design to the Ortega
project since the projects were 5 miles apart, and compatible colors with CUSD. Vice
Chairman Cardoza said the DRC requests were made in order to enrich the gateway
appearance of this project at the southern entrance to the City.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to adopt Resolution
04-9-14-1 as amended including comments by Alan Oswald,- City Traffic Engineer,
regarding an alternative to Condition 5.1, where the developer shall pay the required
fair-share contribution at the time of the second Certificate of Occupancy for the
following off-site traffic circulation improvement: widen La Novia Avenue to secondary
standards, from Valle Road to 2500 feet easterly, conditionally approving architectural
and site development plans, and recommending City Council approval of amendments
to the R&D (Research & Development-Office) district standards of Comprehensive
Development Plan (CDP) 81-01, Forster Canyon for a 16.73 acre parcel located at the
south terminus of Vale Road and more precisely referred to as a portion of assessors
parcel number 675-361-06 (Valle Ranch).
’v
AYES: Commissioners Cohen, Drey and Ratcliffe, and Vice Chairman Cardoza
NOES: None
ABSENT: Chairman Neely
ABSTAIN: None
This motion passed by a vote of 4-0.
2. TEMPORARY USE PERMIT (TUP) 04-15, MARBELLA COUNTRY CLUB
OUTDOOR EVENTS: AN APPLICATION FOR A TEMPORARY USE PERMIT FOR
MARBELLA COUNTRY CLUB TO CONDUCT OUTDOOR PATIO EVENTS FOR
CLUB HOUSE FACILITY LOCATED ON 8.97 ACRES LOCATED AT 30800 GOLF
VIEJO ROAD ON THE NORTH SIDE OF GOLF CLUB DRIVE.
WEDDINGS, TOURNAMENTS, AND PARTIES FOR A ONE-YEAR PERIOD AT THE
CLUB DRIVE (APN 650-61 1-02) APPROXIMATELY 1700 FEET EAST OF RANCHO
PC Minutes 6 September 14,2004
Staff presentation & recommendation
Ms. Adolphson presented the staff report as an application for a Temporary Use Permit
for Marbella Country Club to conduct outdoor patio events for a one-year period at the
Club House facility. She stated staff did not feel that a temporary use permit was an
appropriate method for approving this type of use, as it is intended to be a regular and
ongoing component of the business. The new owners installed a large tent on one of
the patios. The pool and spa have been removed and cemented in for outdoor use. The
nearest residences are from 147’ to 1000’ from the Marbella Country Club Valencia
Terrace. She noted that this item was noticed as a public meeting rather than a public
hearing.
u
Ms. Adolphson stated staff recommends that the Planning Commission approve a
Temporary Use Permit on a trial basis through the end of December and require the
applicant to apply for a Conditional Use Permit to continue the outdoor event use.
During the trial period, the City would monitor their events to determine if the noise
levels from the amplification meet the City’s noise standards. Staff recommends that the
hours of outdoor events be limited to Monday through Thursday from 12:OO noon to
9:00 p.m., Friday and Saturday nights until 1O:OO p.m. and Sunday until 9:00 p.m.
Commissioner Questions and Comments
Commissioner Cohen asked the difference between a series of temporary permits and
the granting of a Conditional Use Permit. Ms. Adolphson said that the Municipal Code
says that the Planning Director may administratively approve a Temporary Use Permit
for one year with the ability to extend it for an additional six months. For uses that
exceed that time, a CUP is needed. u
Commissioner Cohen asked how the noise would be monitored. Ms. Adolphson said
that a City staff person would take readings at the residential properties to determine if
the applicant was in compliance.
Commissioner Drey asked if the Planning Commission can issue a Temporary Use
Permit for a maximum of 18 months. Ms. Adolphson answered yes.
Ms. Bogh asked for clarification of the number of events per year. Ms. Adolphson
answered about 64 events per year, with most of the events in the summer months.
Commissioner Drey asked if the current owner has added more events. Ms. Adolphson
said that within the last 1 1/? years the number of outdoor events with amplification have
resulted in an increase of complaints by neighbors.
Commissioner Cohen asked if the original permit covered dancing events. Ms.
Adolphson said indoor dancing events are allowed, but that outdoor amplified events
would be covered under the Temporary Use Permit (TUP).
Public Meeting
.u Jeffrey Kreafle, 30800 Golf Club Drive, representing Marbella Country Club, asked the
Planning Commission to approve the Temporary Use Permit, due to the value of the
PC Minutes 7 September 14,2004
club memberships, the marketability of the entire community, the role of the Marbella
Country Club as an ambassador, and the 135 families supported by those in gainful
employment at the club. Mr. Kreafle said that the sound box has significantly reduced
the noise, and extended an invitation to meet with individuals impacted by the noise.
L
Commissioner Ratcliffe asked if the loud speakers could be moved to reduce the impact
on neighbors. Mr. Kreafle said that the DJs would be required to use the sound box.
Ed Bon/Arron, 76 Plaza Cuesta, spoke in opposition to the TUP, saying that the noise
has been deafening during the past three years since the club was bought out.
Don Busche, 58 Plaza Brisas, spoke in opposition to the TUP, saying that he has to
leave his condo during events because of the loud noise.
Ken Luttrell, 92 Plaza de las Flores, spoke in opposition to the TUP, stating that
property values have decreased.
John C. Hall, 67 Plaza Cuesta, spoke in opposition to the TUP, saying that the noise is
intolerable since the new owners bought the club.
Claire Sacks, MBA, PhD, 16 Plaza Baja Del Sol, spoke in support of the TUP saying
that the business should be allowed to support itself and suggested that the club place
the outside events on a patio that would have less negative effect on the neighbors.
L John DiDonato, I1 Plaza Baja Del Sol, spoke in support of the TUP in order to keep the
club running to enhance the value of the residences.
Bob Vermas, 5412 Amalfi, Irvine, spoke in support of the TUP, since his two daughters
plan to have their weddings at the country club.
Bruce Pittenger, 30982 Via Mirado, spoke in support of the TUP or CUP, since the
Marbella Country Club is a major contributor to the community.
Paul Sullivan, Marbella Vista Drive, spoke in opposition to the TUP, because of the loud
noise.
George Burghart, 30182 Via Conquista, spoke in opposition to the TUP, due to the
deafening noise.
Chairman Cohen asked if the item could be continued to the October 12, 2004 meeting,
while monitoring noise levels of the five scheduled events. Mr. Sandoval said the City
could conditionally approve the TUP for a 30-day period and require the applicant to
hire an acoustic engineer to provide the City with a report.
Vice Chairman Cardoza stated concern regarding residents who have been subjected
to the noise versus the business aspects, and he supported the 30-day trial period with
the applicant hiring a consultant. L
PC Minutes 8 September 14,2004
Commissioners Ratcliffe and Drey spoke in favor of the applicant hiring a noise
consultant. Commissioner Drey said the real estate disclosure document could have an
adverse effect on property values. L,
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to adopt Resolution
04-9-14-2 Temporary Use Permit 04-1 5 (Marbella Country Club Outdoor Events)
recommending approval of a proposed temporary use, with modifications to Condition 2,
“The Temporary Use Permit to expire October 14, 2004, and to add the following
conditions:” Condition 9), “The City shall select an acoustical engineer, at the expense
of Marbella Country Club, to monitor the sound levels of the outdoor events held at the
project site through October 14, 2004. Said monitoring shall be conducted periodically
for the duration of the events from four separate locations within the affected adjacent
residential neighborhoods;’’ Condition IO), “The Planning Commission will review the
temporary use permit at their meeting of October 26, 2004 to review the acoustical
engineer’s monitoring results to consider (1) whether the applicant adequately mitigated
the amplified noise from the outdoor events to meet the City’s noise ordinance
standards, and (2) whether to extend the temporary use permit through December 31,
2004. ”
AYES: Commissioners Cohen, Drey and Ratcliffe, and Vice Chairman Cardoza
NOES: None
b ABSENT: Chairman Neely
ABSTAIN: None
This motion passed by a vote of 4-0.
UNFINISHED BUSINESS
None.
Vice Chairman declared that a break be taken at 9:40 p.m., and reconvened the
meeting at 958 p.m.
NEW BUSINESS
1. WORK SHOP - ARCHITECTURAL CONTROL (AC) 04-02, REZONE (RZ) 04-06,
OF 159,138 SQUARE FEET WITHIN TWELVE BUILDINGS; 6 TWO-STORY
BUILDINGS; 6 ONE-STORY BUILDINGS AND ASSOCIATED IMPROVEMENTS. THE
NORTH OF ORTEGA HIGHWAY AND BOUNDED ON THE WEST BY THE 1-5
FREEWAY, DESCRIBED AS ASSESSOR’S PARCEL NUMBERS 650-142-06 AND
650-151-22 THE SITE IS DESIGNATED AS OFFICE RESEARCH PARK (ORP) BY
ORTEGA RANCH; THE PROJECT PROPOSES AN OFFICE COMPLEX CONSISTING
PROJECT IS LOCATED ON THE WEST SIDE OF RANCHO VIEJO ROAD AND
THE GENERAL PLAN AND ZONED OFFICE COMMERCIAL (OC). THE PROJECT u
PC Minutes 9 September 14,2004
INCLUDES A REQUEST TO REZONE THE PROPERTY TO PLANNED COMMUNITY
[PC) AND WILL INCLUDE A COMPREHENSIVE DEVELOPMENT PLAN (CDP).
Representative
Phillip Schwartze, the PRS Group, 31682 El Camino Real,
Applicant
Ortega Ranch, LLC, 3 Park Plaza, Suite 1490, lrvine
Architect
Ware Malcomb, 181 1 I Von Karman, Suite 600, lrvine
Staff presentation 8 recommendation
Mr. Cunningham presented the staff report as a Worksession - Rezone and
Architectural Control; a request to construct an office park on approximately 18 acres of
land on the west side of Rancho Viejo Road and north of Ortega Highway at Office
Research Park (ORP). Mr. Cunningham discussed building height, supportive retail use,
and the applicants request for shared parking with the adjacent Church property.
Mr. Cunningham stated an Initial Study has been prepared for the project and is
pending review and determination by the City’s Environmental Administrator (EA). A
final determination is scheduled to be made by the EA at a meeting currently scheduled
for September 14, as to whether a Mitigated Negative Declaration or preparation of an
Environmental Impact Report will be required. He stated staff recommends that the
Planning Commission review the development plans for Ortega Ranch Business Park,
receive staffs presentation, outline major issues associated with the project, and allow
the Commission an opportunity to discuss and give direction.
\
Applicant Presentation
Phillip Schwartze, 31682 El Camino Real, said it would be a while before the CEQA
issue is resolved, and introduced Ken Wink to present the site plan.
Ken Wink, Ware Malcomb Architects, 181 11 Von Karman, Irvine, showed computerized
view simulations of the buildings and introduced building design features to mitigate the
high visibility of the structure. The site plan is designed so that all of the one-story
buildings are located to the front (Rancho Viejo Road) portion of the site, and the two-
story buildings are located to the interior of the site. The applicant proposes to process
a Lot Line Adjustment, which will result in a net land increase being transferred to the
Mission Cemetery. Both the Mission staff and City staff support the proposed Lot Line
Adjustment. The tower elements would be recessed with wall sconces at all the tower
elements. The rendering shows proposed meandering sidewalks. Proposed materials
are ledger stone at all the entries and some of the tower elements, and 2-piece mission
tile roof.
Commission Questions and Comments
Commissioner Cohen asked about the height of the tower element and stated that the
CDP called for something in excess of 40’. Mr. Wink said the tower for Building 6-3
would exceed the 35’ height by approximately 5’. L
PC Minutes 10 September 14,2004
Steve Sandland, Centra Realty, 3 Park Plaza, Irvine, said in the original design the
building was overall about 39’ and the top element was approximately 45’. During the
DRC review process the whole building was lowered, and the DRC felt that the center
tower should be a little higher than the other two. The applicant would be amenable to a
maximum height of 40’ for the element.
L
Mr. Schwartze said in large scale projects with a variety of uses cities tend to go with a
CDP designed for the uses in specific buildings. Mr. Schwartze said there is no sidewalk
along the south portion of Rancho Viejo Road because such a sidewalk would hit an
intersection with no crosswalk. Staffs position on the proposed driveways along Rancho
Viejo Road doesn’t agree with traffic engineers and applicant. The applicant and other
landowners in the area, including the church, don’t support the extension of Avenida
Los Cerritos to Ortega Highway. He stated this style of architecture needs to be slightly
higher so as not to have a squatty roof. The tower element of the church is at least 50’.
Vice Chairman Cardoza asked where the proposed end of the sidewalk was. Mr.
Sandland referred to a circulation diagram and referred to benches as part of the
historic depiction program, and provided the Commissioners with photographs showing
no sidewalk on the church frontage and no way to get through along Ortega Highway.
Commissioner Ratcliffe asked if there is a connection between the northern end of the
site and the Marbella Plaza Shopping Center. Mr. Sandland said there is not and there
is no sidewalk on the west side of the entire length of Rancho Viejo Road.
b Commissioner Drey spoke in favor of less sidewalks as he prefers a rural look. The
pedestrian circulation would be in the interior 6f the project.
Commissioner Ratcliffe said she would be in favor of a sidewalk to provide pedestrian
access to the historical depiction area.
Vice Chairman Cardoza spoke in favor of a short walking course and did not see a need
to extend the sidewalk to Ortega, and asked how the open space at the north end of the
site would be handled. Mr. Sandland said that the intent is to leave the open space in its
existing state and that the environmental sensitivity of that area would require additional
environmental study. He stated one acre in Planning Area 3 is to be used as open
space.
Commissioner Ratcliffe asked how the driveway closest to Ortega Highway lines up with
the entrance to the Ganado neighborhood. Mr. Sandland said it would be striped for a
left turn in only and would be precluded by the striping from people trying to turn in. It is
now protected by the median. He stated staffs position is that the driveway is in the
right location but it should be right-in, right-out only.
Commissioner Drey asked if there is still a right-turn pocket coming from the north. Mr.
Sandland said a right-turn into Avenida Los Cerritos in front of Building B-I.
Commissioner Drey said the proposed entrance treatment and paving would be very
attractive. Vice Chairman Cardoza said it would be an elegant treatment and proposed
that it not be stamped asphalt as asphalt is too temporary and difficult to maintain. Mr. L
PC Minutes 11 September 14,2004
Sandland said long-term maintenance is required on a public street. Vice Chairman
Cardoza stated he thought it would be maintained by the association through private
funding. Commissioner Ratcliffe expressed her concern that the decorative paving of
the main entry gives the impression to the casual passer-by that Avenida Los Cerritos is
a private area driveway.
L
Commissioner Drey said that across the street there is a slope bank that is more
obtrusive. Commissioner Ratcliffe said that would be a landscaped detention basin.
Vice Chairman Cardoza stated that the median landscaping could add to the scenic
quality.
2. “CITY OF SAN JUAN CAPISTRANO LOCAL GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”. 2004 CEQA
GUIDELINES.
Written Communications
Staff report dated September 14,2004
Applicant
City of San Juan Capistrano, 32400 Paseo Adelanto
Staff presentation & recommendation
Ms. Volzke presented the staff report as a request to adopt a resolution recommending
that the City Council repeal the City of San Juan Capistrano Environmental Review
Guidelines, and approve the “City of San Juan Capistrano Local Guidelines for
Implementing the California Environmental Quality Act”.
u
Commissioner Questions and Comments
Commissioner Ratcliffe asked why approval of a final map was considered a ministerial
action. Ms. Bogh said that it is defined that way by the Subdivision Map Act. The
Tentative Map is a discretionary action that is approved after public hearings by the
Planning Commission and by the City Council. The Final Map, if it is in substantial
conformance with the Tentative Map, is non-discretionary and is not subject to review
since the Tentative Map has already gone through CEQA review.
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution
04-9-14-3 recommending that the City Council repeal the existing Environmental
Review Guidelines adopted July 5, 1994 and adopt a resolution approving the City of
San Juan Capistrano Local Guidelines for implementing the California Environmental
Quality Act (Pub. Resources Code § 21000 et seq.) (2004 CEQA Guidelines).
PC Minutes 12 September 14,2004
AYES: Commissioners Cohen, Drey and Ratcliffe, and Vice Chairman Cardoza
LA’ NOES: None
ABSENT: Chairman Neely
ABSTAIN: None
This motion passed by a vote of 4-0.
CO M MISS IONlSTAFF COMMENTS
Commissioner Cohen asked if the new Denny’s sign on the northbound exit off Ortega
Highway was approved by the Planning Department, and stated it looks like a free-
standing pole as opposed to a monument. Ms. Bogh answered that it was approved as
a change of copy, and will ask staff to check into that.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
11 :20 p.m. The next regular meeting is scheduled for Tuesday, September 28, at 7:OO
p.m. in the Council Chambers.
Respectfully submitted,
Molly Bwgh
Planning Director
Ism
P:\Planning\Plan Shared\PC Minutes\Draft PC MinutesSJC-PC 9-14-04-MinutesdrafLdoc