PC Minutes-2004-09-28u
32400PASEOADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
(949) 493- 1053 FAX
wbtw saii/uuncupist~~rzo org
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, SEPTEMBER 28,2004
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L BATHGATE
WYAn HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Vice Chairman
Cardoza at 7:05 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
Commissioners Absent: Tim Neely, Chairman
Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney;
Larry Lawrence, Consulting Project Manager; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Minutes Auqust 24, 2004: Commissioner Cohen moved approval, seconded by
Commissioner Ratcliffe, of the Minutes of August 24, 2004, and the motion passed by a
vote of 4-0.
PUBLIC HEARINGS
1. GENERAL PLAN AMENDMENT (GPA): REZONE (RZ) 04-05, WHISPERING
PREZONING FOR A 33-ACRE STRIP OF LAND PRESENTLY OUTSIDE THE CITY,
HILLS; A REQUEST FOR APPROVAL OF GENERAL PLAN AMENDMENT AND
GENERALLY LOCATED BETWEEN THE EASTERN CITY BOUNDARY, WEST OF LA
Sal2 Juun Capistvuno: Preserving the Past to Enhance the Future
P C Meeting 2 September 28,2004
PATA AVENUE, APPROXIMATELY ONE MILE SOUTH OF ORTEGA HIGHWAY;
L ASSESSORS PARCEL NUMBER; 122-1 72-02
Written Communications
Staff report dated September 28,2004
Proiect Proponents
Dennis Gage, Whispering Hills LLC, 19700 Fairchild Road, Suite 120, Irvine, CA 92612,
949-833-1 100
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, Irvine, CA 92612,
949-833-7800
Fred Cornwell, Pardue, Cornwell & Associates, 151 Kalmus, Suite C-230, Costa Mesa,
CA 92626, 714-241-3400
Staff presentation & recommendation
Mr. Lawrence presented the staff report as a request for approval of a General Plan
Amendment and prezoning for an unincorporated 33-acre portion of Whispering Hills
Estates. The application would add the 33-acre strip of land to the City’s General Plan
as “GOS” (General Open Space) and to the official zoning map as “PC” (Planned
Community). Staff recommends that the GOS designation be applied to the general
annexation area in order to maintain consistency with the use of the property as an
electric transmission corridor and with the land uses designated for the area in the
approved Comprehensive Development Plan. Staff also recommends that the property
be prezoned “PC and added to the Whispering Hills Planned Community on the official
zoning map.
b
Staff recommends that the Planning Commission adopt the resolution, which forwards
the General Plan Amendment and prezoning to the City Council with a recommendation
of approval.
Commissioner Questions and Comments
Commissioner Cohen asked if La Pata would be realigned. Ms. Bogh said that staff has
seen preliminary plans for the Ranch Plan which show possible alignments and
expansion of La Pata. Part of the ultimate alignment of La Pata may depend on what
happens with the ultimate alignment of the Foothill Corridor.
PC Meeting 3 September 28,2004
Commissioner Drey asked if the County had any problem with the annexation. Ms.
Bogh said that the County will be invited to comment on the application as part of the
LAFCO process and that staff is not aware of any opposition to the annexation. u
Public Hearing
Phillip Schwartze, 31 682 El Camino Real, San Juan Capistrano, said the Applicant
agrees with all the items in the staff report.
Commissioner Questions and Comments
Commissioner Drey asked the width of the strip and if the developer would be grading
and landscaping the property. Mr. Schwartze said that it is 250’ wide at the narrow end
to 350’ at the wide end and that the plan calls for some grading and landscaping.
Commissioner Cohen asked if any of the projects would come back as part of a
landscape plan to the DRC, Planning Commission, or Planning Director. Ms. Bogh said
that landscape plans were required to come back to the DRC for entry landscaping and
major streetscapes including the entry area adjacent to the roadway.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to adopt Resolution
04-9-28-1 General Plan Amendment 04-01 and Prezoning 04-05 (Whispering Hills
Estates) recommending approval of a General Plan Amendment and prezoning for a
33-acre strip of land generally located between the eastern City boundary and La Pata
Avenue approximately one mile south of Ortega Highway (Assessors Parcel Number
121 -1 72-02). b
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. CONDITIONAL USE PERMIT (CUP) 04-08, AT&T WIRELESS-WESELOH; A
REQUEST FOR APPROVAL TO INSTALL, OPERATE AND MAINTAIN AN
UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY WITHIN THE NORTH,
EAST AND WEST PARAPETS OF THE WESELOH CHEVROLET AND HUMMER
DEALERSHIP. THE PROPOSED WIRELESS EQUIPMENT WOULD CONSIST OF
SIX ROOF MOUNTED ANTENNAE, FOUR BUILDING ENCLOSED EQUIPMENT
CABINETS (TWO INITIAL AND TWO FUTURE). AND ACCESSORY
IMPROVEMENTS. THE PROJECT SITE IS LOCATED AT 33633 CAMINO
CAPISTRANO, GENERALLY LOCATED 180 FEET NORTH OF STONEHILL DRIVE
PC Meeting 4 September 28,2004
AND 100 FEET WEST OF CAMINO CAPISTRANO; ASSESSORS PARCEL
L NUMBERS: 121 -254-41/121-240-19
Written Communications
Staff report dated September 28,2004
Applicant
AT&T Wireless Services, Lynn Van Aken, Project Manager, 18071 Fitch, Irvine, CA
92614,949-400-7308
Owner
Weseloh Family Limited Partnership, Peter Weseloh, General Manager, 33633 Camino
Capistrano, San Juan Capistrano, CA 92675,949-248-9200
Staff presentation & recommendation
Ms. Bogh presented the staff report as a request for consideration of Conditional Use
Permit (CUP) 04-08 to construct an unmanned wireless communication facility on the
Weseloh Chevrolet and Hummer building.
Staff recommends that the Planning Commission adopt a resolution confirming
issuance of a categorical exemption and approving an unmanned wireless
communication facility on an existing building located at 33633 Camino Capistrano
(AT&T Wireless).
Commissioner Questions and Comments
Commissioner Cohen asked why there are no findings that there is a need for AT&T to
have additional telecommunication facilities in the area. Ms. Bogh said the 1996
Telecommunications Act precludes the City from outlawing the facilities in the City, and
that the City prefers hidden telecommunication facilities such as the applicant is
proposing.
L/
Public Hearing
Commissioner Drey asked what material would be used. Mr. Lynn Van Aken, Velocitel,
Agent for AT&T Wireless Services, said that the composition of the materials is not
disclosed by the stealth companies, but will blend seamlessly with the existing stucco
parapet wall.
Commissioner Cardoza asked the size of the panel to be removed. Mr. Van Aken said
that the panel area is approximately 6 feet tall and 6 feet wide.
Commissioner Questions and Comments
Commissioner Cohen suggested that the City require that an effort be made by wireless
communication companies to co-habitate or co-locate with an existing site. Ms. Bogh
said a condition could be added to the resolution that this applicant shall be required not
PC Meeting 5 September 28,2004
to preclude cohabitation or co-location on the same property as Condition 4 on page 2
Ly of the resolution.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to adopt Resolution
04-9-28-2 Conditional Use Permit 04-08 as amended including comments by Molly
Bogh, Planning Director, regarding addition of Condition 4, where the applicant shall
allow co-habitation and/or co-location on the site by other cellular companies in the
future if requested, and conditionally approving issuance of a categorical exemption and
approval of an unmanned wireless communication facility on an existing building located
at 33633 Camino Capistrano (Assessors Parcel Number 121 -254-41 and 121 -240-1 9)
(AT&T Wireless).
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.
UNFINISHED BUSINESS
None.
‘v
NEW BUSINESS
None
COMMlSSlONlSTAFF COMMENTS
Vice Chairman Cardoza asked the status of the DRC Workshop session. Ms. Bogh said
that she would wait until the full Planning Commission is present, possibly in November.
Commissioner Ratcliffe said that the water tank cellular site was very innovative.
Commissioner Cohen asked about the new outdoor seating area at the Capistrano
Depot. Ms. Bogh said that Code Enforcement is working on it.
Commissioner Ratcliffe asked the status of getting a second Code Enforcement officer.
Ms. Bogh said that she will discuss the possibility of bringing in a contract or temporary
officer with the new Building and Engineering Director.
Vice Chairman Cardoza said that the Planning Forum was a good opportunity to visit
with fellow Commissioners, Council members, and staff from other communities.
L
PC Meeting 6 September 28,2004
v
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
7:45 p.m. The next regular meeting is scheduled for Tuesday, October 12, at 7:OO p.m.
in the Council Chambers.
Respectfully submitted,
Molly gh
Planning Director
Ism