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PC Minutes-2011-02-2232400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION Tuesday, February 22, 2011 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR The meeting of the Planning Commission was called to order by Chairman Cohen at 6:30 p.m. R PI Fnr.F The Chairman led the Pledge of Allegiance. C. ROLL CALL: Commissioners Present: Commissioners Absent: Staff Present: Sheldon Cohen, Chairman Ginny Kerr Tim Neely Rob Williams none Gene Ratcliffe, Vice -Chair Roy Nunn Jeff Parkhurst William Ramsey, AICP, Principal Planner Grant Taylor, Development Services Director D. ORAL COMMUNICATIONS None E. CONSENT CALENDAR 1. February 8, 2011 Meeting Minutes: The Commission unanimously approved the minutes subject revision to indicate Mr. Nunn arrived and attended the meeting following the close of deliberations on the proposed Darmal project. F. OLD BUSINESS None San Juan Capistrano: Preserving the Past to Enhance the Future co Printed on 100% recycled paper PC Meeting Minutes 2 February 22, 2011 G. NEW BUSINESS Sign Permit (SP) #10-031, San Juan Hills Golf: an application to install a new monument sign on an existing 3.3 acre property situated in the OSR (Open Space Recreation) Zone District and General Plan -designated 1.1 Open Space Recreation and located at 32120 San Juan Creek Road and generally located at the corner of San Juan Creek Road and Avenida Larga (APN: 666-181-01)(ApplicantDan Friess)(Project Manager: Nick Taylor, Associate Planner). Nick Taylor, Associate Planner made the staff presentation and advised that the applicant has proposed a 5 - foot tall, 35 square foot, double -sided monument sign at the project entry. Mr. Taylor recommended that the Commission adopt the draft resolution approving the proposed monument sign and forward the project back to the Design Review Committee for follow-up review. Commission Questions/comments Commissioner Williams stated he was amenable to having the Design Review Committee (DRC) work out the final details of the project design. Otherwise, the monument sign design concept was acceptable. Commissioner Kerr stated that the design was a significant improvement over the prior design but noted the pilaster elements needed attention which would be addressed by DRC. Commissioner Ratcliffe stated that the proposed text is too "wordy" and the marketing text of "tasty food served all day" should be removed. Commissioner Nunn stated the revised design was a vast improvement and he thought it was substantially consistent with the City's Design Guidelines. Commissioner Neely noted that during the DRC review, he had expressed concern with the advertising copy on the sign, specifically the text "tasty food served all day" and stated that allowing the text would be precedent -setting. The Commission needs to address the issue of what constitutes acceptable sign copy based on the Sign Code's focus on business identification, and not advertising. Commissioner Parkhurst stated that he concurred with DRC's concern over the advertising copy and thought it should be removed. Chairman Cohen expressed agreement with the other Commissioners that the "ad" text was not necessary and suggested that a commercial banner provided advertising opportunity. Mr. Taylor briefed the Commission on the banner permit provisions which allow up to 45 days with possible extensions granted by the Planning Commission. Mr. Cohen open the meeting for public comment, and no one spoke on the project. PC Meeting Minutes 3 February 22, 2011 Adoption of Resolution PC RESOLUTION NO. 11-2-22-01, SAN JUAN HILLS GOLF COURSE MONUMENT SIGN (SP 10-031), A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A 5'-0" TALL, 35 SQUARE FOOT, DOUBLE -SIDED MONUMENT SIGN FOR SAN JUAN HILLS GOLF COURSE LOCATED AT 32120 SAN JUAN CREEK ROAD (APN 666-181-01). Commissioner Williams made a motion, seconded by Commissioner Parkhurst to adopt a resolution conditionally approving the proposed project subject to revising the sign copy to delete "food served all day" and referring the details to the Design Review Committee (DRC) for review and final approval. The motion passed by a 6-1 vote. AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny Kerr, Tim Neely, Jeff Parkhurst, and Rob Williams NOES: Roy Nunn ABSTAIN: None 2. Fiscal Year 2011-2012 General Plan Annual Progress Report (Applicant: City of San Juan Capistrano)(Proiect Manager: Grant Taylor, Development Services Director). Grant Taylor, Development Services Director advised the Commission that Government Code Section 65400 mandates that cities submit an annual report on the status of the General Plan and the progress toward its implementation to their legislative bodies, the Governor's Office of Planning and Research (OPR), and the Housing and Community Development Department (HCD). Mr. Taylor recommended that the Planning Commission adopt a resolution approving the Fiscal Year 2010-2011 General Plan Annual Progress Report and forwarding the report to City Council with a recommendation of approval to be forwarded Governor's Office of Planning and Research. Commission Questions/comments Commissioners Nunn, Kerr and Ratcliffe identified several sections of the annual report that should be clarified or supplemented. Commissioner Kerr stated that the housing production objectives in the General Plan Housing Element should be reasonable and reflect the City's financial constraints. Mr. Taylor responded that he would incorporate those revisions into a revised annual report that would be presented to the City Council. Adoption of Resolution PC RESOLUTION NO. 11-2-22-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA ACCEPTING THE CITY'S FY 2010-2011 GENERAL PLAN ANNUAL PROGRESS REPORT. Commissioner Ratcliffe made a motion, seconded by Commissioner PC Meetinq Minutes 4 February 22, 2011 Nunn to adopt a resolution forwarding the annual report to the City Council with a recommendation that it be forwarded to the Governor's Office of Planning and Research. The motion passed by a 7-0 vote. AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny Kerr, Roy Nunn, Tim Neely, Jeff Parkhurst, and Rob Williams NOES: Nunn ABSTAIN: None Commissioner Nunn recused himself stating for the record that he had a conflict of interest regarding the Darmal project, and left the City Council chambers. H. PUBLIC HEARINGS Rezone (RZ) 10-003, Grading Plan Modification (GPM)10-008; Darmal Residence; a request for approval of development plans for the construction of an approximate 4_,906 square foot single-family residence, two -stories and 25 feet in height with a basement level and incorporate the property into Comprehensive Development Plan (CDP) 81-01 Forster Canyon, on a vacant parcel totaling approximately 0.60 aces in area located adiacent to the west side of Avenida California and east of Interstate I- 5 (APN 675-081-11) (Applicant: Arsalan Darmal, Owner) (Proiect Manager: Grant Taylor, Development Services Director). Grant Taylor, Development Services Director made the staff presentation and advised the Commission that the proposed project consists of a Rezone (RZ) and Grading Plan Modification (GPM) that would annex the property into the Forster Canyon Planned Community (CDP 81-01) establishing a new "HE" (Hillside Estate) Zoning District and allow site grading to accommodate construction of a proposed 4,906 square foot residence, two -stories and 25 feet in height with a basement level including covered and open parking areas, a pool, open patios and perimeter landscaping with access provided from Avenida California via a 20 foot driveway. He reviewed the proposed project's specifications and noted that the subject parcel is a vacant, irregular shaped lot that totals approximately 0.60 acres with a 0.20 acre grading area. Mr. Taylor stated that the proposed rezone would incorporate the property into Comprehensive Development Plan (CDP) 81-01 Forster Canyon and establish a new zoning designation of "HE" (Hillside Estate). The building pad is relatively flat with an elevation of 235 on the front property line adjacent to Avenida California and gently sloping to 228 at the lowest point of the rear property line near the 1-5 Freeway. Proposed grading includes 310 cubic yards of cut and 280 cubic yards of fill with no retaining walls. Proposed landscaping would include native drought tolerant shrubs around the perimeter of the parcel. Mr. Taylor recommended that the Planning Commission adopt a resolution recommending City Council approval of the project subject to conditions including a provision that design details be referred to the Design Review Committee (DRC) for final action. PC Meeting Minutes 5 February 22, 2011 Commission Questions Chairman Cohen asked for background on the ownership of the property and how the lot was created and what would happen if the requested rezone was not approved. Mr. Taylor replied that if the rezone were not approved, the project would not be developed. Commissioner Neely stated that before proceeding with the review and any potential recommendation, it was imperative that the Planning Commission determine whether the lot was a legal building lot. He noted that the Title 9, Land Use Code includes provisions for lot owners to secure a `Certificate of Compliance" which may be necessary with the subject property. Applicant presentation Tom Merrell, Civic Solutions stated he represented the applicant and made a detailed presentation to the Commission on the background and proposed design of the project and how potential effects of the project/design would be addressed. Commission Questions/comments Chairman Cohen questioned staff as to whether the City has allowed the use of caissons in other parts of the City and Mr. Ramsey replied that because of the inherently unstable nature of the Capistrano Formation, which underlies the hillsides throughout the City, caissons, "soldier" piles, buttressed and keyed fills, and tie- backs have all been used at various hillside locations throughout the City. He added that the City over the years created review processes and development requirements to minimize the risk as much as possible of building in hillside areas. Commissioner Williams questioned the elevation of the proposed swimming pool deck, the disclosure of retaining walls, proposed building setbacks, and the accuracy the site plan elevations depicted on the plans under review by the Commission. He expressed concern with the overall design concept including the proposed massing, height, and setback from Via California, and the visibility from the surrounding valleys. Chairman Cohen stated that before hearing further Commission comment, the public hearing should be opened Public Hearing Notice having been given as required by law, Chairman Cohen opened the Public Hearing. Eric Hanke stated that he thought the applicant's presentation was inaccurate; that there had been inadequate public notice; that the project would create public safety issues due to street access; that the site had geotechnical limitations; and he opposed amending the Pacifica San Juan Comprehensive Development Plan to include the proposed project. Connie Meredith stated that she agreed with Mr. Hanke's comments; the project would create a public safety issue; that the design was incompatible with Pacifica PC Meetinq Minutes 6 February 22, 2011 San Juan and she opposed the project. Paul Jenkinson stated the project would result in view impacts to the public trail and Via California; create public safety issues; and that view impacts had not been satisfactorily studied. Marisa Hanke stated that the City should deny the project due to land use inconsistency because the project design is inconsistent with the Pacifica San Juan Comprehensive Development Plan; that the public notice was faulty; and the project would adversely affect property values. Rich Adinolfi questioned the public notice for the meeting; requested additional time to study the project; and stated that the economic impact of a future potential landslide resulting from project grading needed to be studied. Deb Adinolfi objected to the proposed project stating that the public meeting notice was faulty and the project would result in public safety issues. Hildi Becker stated that she opposed the proposed project and that it would adversely affect open space views and it would create potential public safety impacts. Peter Fresca stated that he opposed the project; that the public notice was faulty; and the project would violate the provisions of the Pacifica San Juan Comprehensive Development Plan Dara Derakhshan stated they opposed the project and asked the Commission to consider the potential impact of the project on the Belle cliff neighborhood and Pacifica San Juan community; and questioned how the proposed site was buildable. Sharzad Talieh stated that she had not received mailed notice; that the project raises issues of compatibility with the Pacifica San Juan community; and requested a continuance to further study the project. Michelle Basaitis stated that the open space and views that would be affected by the project need to be protected and asked the Commission to deny the project. Chris Basaitis stated that he opposed the project and that the applicant's presentation had mischaracterized the project and its potential impacts. Stacey Tran recounted the past failures involving SunCal's implementation of the Pacifica San Juan project; stated that the Darmal residence would unfairly benefit from the infrastructure, streets and parks that Pacifica San Juan residents have financed; and opposed the project. Tom Merrell provided a brief rebuttal to address some of the concerns expressed by neighboring residents and property owners during the public hearing. PC Meetinq Minutes 7 February 22, 2011 Commission Discussion Commissioner Williams expressed concerns with the design compatibility of the proposed project, the proposed building setbacks, the grading concept, the building height, and the compatibility with the Pacifica San Juan neighborhoods. He said the applicant should stake the site so the Commission and public can better understand the location of the house. He stated the applicant should have the opportunity to address these issues. Commissioner Kerr stated she agreed with Commissioner Williams; that the public notice process needs to be improved; and that the project will be visually prominent which needs to be addressed. She stated that the owner of the Darmal property needs to accept financial responsibility for Pacifica San Juan public improvements which would benefit their property. She stated that the swimming pool would create geotechnical issues which need to be closely studied; that the glazing on the house was too extensive; and that the proposed curb -cut onto Via California would create a potential hazard for pedestrians walking along the south side of the street. Commissioner Ratcliffe stated the project was troubling from the perspective it would benefit from improvements funded by Pacifica San Juan residents but have no apparent financial responsibility. The architectural design appears to be well - executed but the location makes it incompatible with Pacifica San Juan. She stated that the project raises too many questions which need to be sufficiently addressed before the project can be further considered. Commissioner Neely stated that the agenda report did not accurately reflect the DRC's review and action and clarified that the Committee forwarded the project to Planning Commission to render determinations on the broader land use issues. He stated that it was not clear from the record as to whether the lot was legal and stated it may pre -date adoption of the Subdivision Map Act, and a Certificate of Compliance may be necessary to confirm the lot as a buildable parcel. He requested that the City Attorney review the record and title report and provide the Commission with a determination as to whether the lot was a legal building parcel. Neely also stated that the potential geologic impact of a future landslide on public infrastructure should be addressed by the project. He recommended that the applicant install story -poles on site so the Commission and public could understand the building height and mass. He advised that the City does not have the authority to compel Darmal to join the Pacifica San Juan Homeowners Association (HOA). He concluded by agreeing with the other issues cited by his fellow Commissioners. Commissioner Parkhurst stated he was uncomfortable with the proposed project and agreed with the issues cited by his fellow Commissioners; that the project plans appear incomplete or inaccurate, perhaps not intentionally; and that the property has numerous constraints that make development difficult. He stated the proposed architectural design was insensitive to the Pacifica San Juan community and the grading unnecessarily elevates the first floor above the natural grade. He agreed that story -poles are necessary to understand the visual impact. Parkhurst stated he was not concerned over the need for and proposed use of caissons. He stated the project needs additional work. PC Meetinq Minutes 8 February 22 2011 Chairman Cohen stated he was in full accord with his fellow Commissioners and that the City will need to improve the public notice process on the project. He concurred with Commissioner Neely's assessment of the issue as to whether the property was a legal buildable lot. He requested staff to research whether other geotechnical studies had been completed for the surrounding area that would shed light on the geotechnical constraints. Mr. Cohen stated a continuance was necessary to further study the project. Commission action Commissioner Williams made motion to continue the item to the March 22 public hearing and that the City provide new public notice for that meeting; that the City Attorney provide a legal opinion as to whether the Darmal property was a legal building lot; and directed the applicant to stake the property limits and install story - poles. The motion was approved by a 6-0 vote. I. STAFF & COMMISSION COMMENTS Staff was requested to provide an update on the code enforcement status of the Chevron signs. Commissioner Kerr requested staff to request traffic engineering provide an evaluation of the safety of the existing mid -block crossing on Camino Capistrano near Wells Fargo Bank. Mr. Taylor and Mr. Ramsey briefed the commission on several projects in process. J. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:48 p.m. to the next regular meeting scheduled for Tuesday, March 8, at 6:30 pm in the Council Chambers. Approved by the Planning Commission March 22, 2011: Yb&J4-& William Ramsey, AICP, Principal Plann r Planning Commission Secretary