PC Minutes-2011-06-14 9
32400 PASEO ADEL.ANTO MEMBERS OF THE CITY COUNCIL
F SAN JUAN CAPISTRANO,CA 92675 /ice; ,
(949)493-1171 sAMALLEVATo
D IOEDAPDAATED LAURA FREESE
(949)493 1053 FAX ® ESTAIEISAED I 1961 LARRY KRAMER
wwwsanjuancapistrano.org 1776 "
DEREK REEVE
® ® JOHN TAYLOR
I PLANNING COMMISSION.
MEETING MINUTES
June 14, 2011
A. CALL TO ORDER
The meeting was called to order by Chairman Cohen at 6:30 p.m.
B. PLEDGE
Chairman Cohen led the Pledge of Allegiance.
C. ROLL CALL:
I Commissioners Present: Sheldon Cohen, Chairman
Gene Ratcliffe, Vice-Chair
I Ginny Kerr
I Tim Neely
Jeff Parkhurst
Rob Williams
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r Commissioners Absent: Roy Nunn (excused)
Staff Present: William Ramsey, AICP, Principal Planner
Grant Taylor, Development Services Director
Tram Tran, Deputy City Attorney
I Bret Caulder, Building & Code Enforcement Manager
Nick Taylor, Associate Planner
Laura Stokes, Planning Technician
g Tim Lawson, R.E.G., Principal, Lawson & Associates
s Geotechnical Consulting Inc.
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D. ORAL COMMUNICATIONS
None
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San Juan Capistrano: Preserving the Past to Enhance the Future
Printed on 100%recycled paper
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PC Meeting Minutes 2 June 14, 2011
E. CONSENT CALENDAR
1. May 24, 2011 Minutes: The Commission approved a motion approving the May 24,
I 2011 Minutes with revisions.
F. PUBLIC HEARINGS
1. Continued Consideration of Grading Plan Modification (GPM) 10-006, Trowbridge
Residence; a request for approval of a preliminary grading plan to modify existing
finished grades in the rear yard by 2'-0"or more on an existing residential lot located
at 26952 Via La Mirada and generally located approximately 1,200 feet north of
Avenida Calita (APN 675-141-03). The subject application has been submitted to
resolve an existing Code violation for grading previously completed without City-
required grading permits. (Applicant: Bretton E.Trowbridge) (Project Manager: Nick
Taylor, Associate Planner).
Staff presentation & recommendation
Nick Taylor, Associate Planner made the staff presentation and advised that this
i was the third review by the Planning Commission.This project was introduced to the
Commission on May 10, continued to May 24 and continued to June 14. At the May
24 meeting, the Commission again expressed concerns regarding the geotechnical
aspects of the project and continued consideration to June 14. He noted that City
Engineering staff and Tim Lawson, R.E.G., Principal, Lawson & Associates
i Geotechnical Consulting Inc. were in attendance at the meeting to provide
presentations to the Commission. The applicant has requested approval of a
_ preliminary grading plan to modify existing finished grades in the rear yard by 2'-0"
or more on an existing residential lot located at 26952 Via La Mirada and generally
located approximately 1,200 feet north of Avenida Calita (APN 675-141-03). The
E subject application has been submitted to resolve an existing Code violation for
grading previously completed without City-required grading permits. The DRC
reviewed the project on January 20, 2011 and forwarded the project to the Planning
s Commission with a recommendation of approval. Staff recommended that the
Planning Commission adopt a resolution conditionally approving Grading Plan
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Modification 10-006.
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Commission Questions
i Chairman Cohen asked Tim Lawson, R.E.G. whether the pool remnant could be
safely removed and Mr. Lawson responded that it could be as long as the contractor
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removing the pool used standard demolition procedures and a combination of
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concrete saws and jack-hammers.
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Commissioner Kerr asked about the August 2010 geotechnical report
recommendations and Mr. Lawson reiterated that if the use of saws and
jackhammers are minimized, there would be no geotechnical issue related to
demolition of the pool remnant.
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PC Meeting Minutes 3 June 14, 2011
Commissioner Williams asked about life-safety issues related to the steep drop-off
at the rear of the yard and Bret Caulder, Building & Code Enforcement Manager
responded that barrier fencing could be required consistent with the California
Building Code (CBC).
Commissioner Parkhurst asked about the potential of concrete dropping down the
slope and the threat that would pose to people and property below and Mr. Caulder
responded that the demolition permit would need to address that potential danger.
Chairman Cohen asked for clarification on the demolition permit process and Mr.
Caulder responded that the permit would need to disclose the precise nature, extent
and process of the proposed demolition so staff could determine whether it met the
requirements of the California Building Code (CBC).
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Commissioner Neely asked if conditions of approval could be placed on the
demolition permit and Mr. Caulder said they could.
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I Applicant Presentation
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Mr. Bret Trowbridge stated that he did not want to touch the slope or the exposed
pool if at all possible and preferred to leave the area in its natural condition with the
exception of slope planting for stabilization.
Commissioner Williams stated he had conducted a site inspection of the property
earlier that day and asked about the slope work that had been completed. Mr.
Trowbridge explained that the slope work had been limited to minor grading to lay
back the slope so that landscaping could be installed to provide additional stability.
Chairman Cohen asked about the MSA (mutual settlement agreement) for the Via
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La Mirada Landslide and whether the applicant had broader discretion to complete
i improvements to rear yard without City approval. Tram Tran, Deputy City Attorney
responded that while the City was a party to the MSA, the City did not relinquish any
E rights or authority.
i Becky Trowbridge stated that it was her opinion that the MSA gave the property
owners discretion to improve their rear yards as they saw fit without City review
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authority.
Public Hearing
Notice having been given as required by law, Chairman Cohen opened the Public
Hearing.
James Lee, the adjoining property owner stated that he wanted the Trowbridges to
be required to remove the exposed portion of the remnant pool but was concerned
about the geotechnical impacts and wanted the work completed in a manner that
would not affect the stability of his property.
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PC Meeting Minutes 4 June 14, 2011
Commission Discussion
Commissioner Kerr asked if the City could require a bond to protect other property
owners from potential off-site damage arising out of demolition of the exposed pool
and Tram Tran responded that contractors are required to carry insurance and that
any potential damage would be a civil issue.
Tim Lawson, R.E.G. added that the removal of the pool remnant is not a
geotechnical issue and responding to Commissioner Neely stated that removal of
the exposed portions of the pool might result in some minor but immeasurable
improvements. Commissioner Neely also asked about the landscaping that had
been completed and Mr. Lawson replied that the use of drip irrigation and artificial
ii turf were appropriate and help maintain site and slope stability.
Commissioner Neely asked if hydro-seeding with a native seed mix was a
preferable, approach and Mr. Lawson responded that hydro-seeding without
irrigation would likely be insufficient to establish growth. Neely stated that some of
the Route 73 slopes had been hydro-seeded without irrigation and successfully
established landscape cover.
Commissioner Ratcliffe stated she was concerned about the attractive nuisance
potential of the exposed pool remnant and preferred removal. She stated that once
native landscaping is established on the slope, irrigation should be discontinued.
Commissioner Kerr stated that based on the testimony of Mr. Lawson and Mr.
Caulder, she could now support removal of the exposed portion of the pool.
Commissioner Williams stated the he was also in favor of removing the pool
consistent with the Adams-Streeter plan. Overall, the rear yard has been well-
designed and attractively improved. He expressed confidence in the City's
demolition permit process to address removal of the exposed pool.
Commissioner Parkhurst asked about the MSA and the owner's rights under that
agreement and Ms. Tran responded that while homeowners were responsible for
completing rear yard improvements, there was no abrogation of City authority. He
asked if the City could require removal of the exposed pool and Ms. Tran replied
that the City could to meet public health and safety standards. Commissioner
Parkhurst stated that he remained concerned about the impacts of removal and that
the exposed pool should be left undisturbed.
Commissioner Neely stated that per Tim Lawson's testimony, removal of the
exposed pool would slightly increase stability. The Commission has the discretion of
requiring removal of the exposed pool or requiring the owner to maintain the
exposed pool as it presently exists. Mr. Neely stated that the grading aspect of the
project was fine but the landscape plan was not adequate. The landscaping needs
to be well-documented and designed by a landscape architect who understands
PC Meeting Minutes 5
June 14, 2011
slope stability and hydro-seeding versus container plants. He stated that he wants
to see a condition of approval requiring a landscape plan subject to Design Review
Committee (DRC) approval.
Chairman Cohen expressed concern that if the exposed pool is removed, and a
landslide subsequently occurs, the City could face a civil suit for damages. Ms.Tran
responded that California tort law affords the City protection from such suits.
Adoption of Resolution
PC RESOLUTION NO. 11-6-14-1, GRADING PLAN MODIFICATION 10-006,
TROWBRIDGE RESIDENCE, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
APPROVING A GRADING PLAN MODIFICATION (GPM 10-006) FOR 26962 VIA
LA MIRADA (APN: 675-141-03)(BRETTON E. TROWBRIDGE)
Commissioner Williams moved staff recommendation of approval, seconded by
Commissioner Ratcliffe to adopt a resolution approving the proposed project with
the following additional conditions:
0 The entire exposed portion of the pool shall be removed consistent with the
Adams-Streeter & Associates plan.
9 The applicant shall submit a landscape plan prepared by a landscape
architect for slope landscaping.
The motion passed by a 4-2 vote.
AYES: Commissioners Gene Ratcliffe, Ginny Kerr, Tim Neely, and
Rob Williams
NOES: Chairman Sheldon Cohen and Commissioner Jeff Parkhurst.
ABSTAIN: None
G. UNFINISHED BUSINESS
None
H. NEW BUSINESS
1. Consideration of Tree Removal Permit (TRP) 11-034, Liftell Residence: an
application to remove a Redwood Tree Located at in the Front Yard of Residence at
32222 Avenida Los Amigos(APN:668-451-09)(Applicant: Kathy Liftell)(Proiect Manager:
Laura Stokes, Housing/Redevelopment Coordinator).
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PC Meetinq Minutes 6 June 14, 2011
Staff presentation & recommendation
Laura Stokes, Planning Technician made the staff presentation noting that in April
ry 2011, the City received a request from Kathy Littell to remove the subject Redwood
tree associated with the potential threat of the tree failing and causing damage to
homes and property that are directly adjacent to the tree. Should the tree be
approved for removal, the applicant has proposed a replant plan of two triple stalked
king palms and drought tolerant grasses. Staff met with representatives from the
applicant to discuss the nature of the request and to explore options for providing
l maintenance to potentially preserve the tree. Staff recommends that the Planning
Commission review the proposed tree removal request and provide direction to staff
based on the analysis and recommendations from the arborist report.
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Public Comment
Chairman Cohen opened the floor for public comment. There was no response and
the public comment period was closed.
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Commission Discussion
Commissioner Parkhurst noted that the Redwood tree was a healthy specimen and
he saw no reason to remove the tree.
Commissioner Neely started that he concurred with Commissioner Parkhurst.
fl Commissioner Ratcliffe said that the neighborhood was nicely landscaped,varied in
plant material and tree types, and that she agreed with Commissioner Parkhurst.
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I Commissioner Kerr questioned whetherthere was a public safety issue that requires
action by the City. She stated that the Commission should do its best not to be
heavy-handed in regulating private residential property.
I Commissioner Williams stated that trees and open space are defining features of
the community and would not support the request for the sake of the applicant's
convenience.
Chairman Cohen stated that the City had previously granted individual property
I owners complete discretion over tree removals in their rear yards. However, front
y yards are part of the broader streetscape and important to the visual character and
so, he concurred that the permit was not approval.
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Adoption of Motion
Commissioner Parkhurst made a motion for denial of Tree Removal Permit (TRP)
11-034, Littell, and the motion was seconded by Commissioner Williams. The
g motion passed by a 6-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe,
Ginny Kerr, Jeff Parkhurst, Tim Neely, and Rob Williams
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PC Meeting Minutes 7 June 14, 2011
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NOES: None
ABSTAIN: None
I. STAFF & COMMISSION COMMENTS
Commissioner Parkhurst stated that construction at the terminus of Calle Jardin has
b evidently been completed. However, the staging area remained and the area has not been
cleaned-up. Grant Taylor, Development Services Director said he would have code
enforcement inspect the situation.
Commissioner Neely invited the Commissioners to the June 25 grand opening of the
Northwest Open Space trail staging area being jointly hosted by the Open Space
Foundation and the City.
Commissioner Williams asked about the status of the Armstrong Nursery cell site "water
tower"and Mr. Taylor responded that the final inspection had not been called for because
exterior finish work remained to be completed.
J. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
8:35 p.m. The next regular meeting is scheduled for Tuesday, June 28, 2011, at 6:30 p.m.
I in the Council Chambers.
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Respectfully submitted,
William A. Ramsey, ICP, Princi al PI nner
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Planning Commission Secretary
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