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PC Minutes-2010-04-1332400 PA5ED A DELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 EAx tom sragjuancapi Ortmo. crg A. CALL TO ORDER April 13, 2010 PLANNING COMMISSION MINUTES REGULAR MEETING MEMBERS OF; THE CITY COUNCIL SAM ALLEY TO LAURA F REESE THOMAS W. HRI13AR MARK NIELSEN DR. LONDREu USO Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 6:30 p.m. B. PLEDGE OF ALLEGIANCE Chair Cohen led the flag salute. C. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, Commissioner Ginny Kerr, Commissioner Bruce Tatarian, Commissioner Robert Williams and Commissioner Jim Mocalis. COMMISSIONERS ABSENT: Commissioner Neely D. ORAL COMMUNICATIONS Phiroz (Mickey) Devitri, 31922 Via La Plata, SJC stated since public funds have been used to purchase open space, any income generated from the use of open space should be returned to the citizens of San Juan Capistrano. Trevor Dale, 27781 Camino La Ronda, SJC commented the agenda does not identify action on the EIR for the Distrito La Novia 1 San Juan Meadows project. Items listed on the Consent Calendar are considered routine and may be enacted by one motion and one vote. There may be no separate discussion of these items. If discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. I►[07r•[ San Juan Capistrano: Freserviiig, the Past to Enhance the If"utui-e Printed on 100% recycled paper F. CONTINUED PUBIC HEARINGS 1. CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 07-01 REZONE (RZ) 07-01 TENTATIVE TRACT MAP TTM 17226 TENTATIVE TRACT MAP TTM 17280 GRADING PLAN MODIFICATION GPM 07-01 DISTRITO LA NOVIA — SAN JUAN MEADOWS; a request for approval of development plans for a mixed use development on the 18.7 acre Distrito La Novia site consisting of 75,100 gross square feet (68,200 net square feet) of commercial -retail use, 32,000 gross square feet (27,500 net square feet) of office use, and 140 residential units (90 for -sale condominiums & 50 rental apartments); and development plans for the 135 -acre San Juan Meadows site consisting of a 94 -lot residential estate subdivision and 775 -horse commercial equestrian facility. (Applicant: Advanced Real Estate Services)(Project Manager: William Ramsey, AICP, Principal Planner). Staff Presentation and Recommendation Principal Planner Bill Ramsey presented the staff report briefly summarizing the project, stated this is the fourth public hearing, information has been provided at previous meetings, he reviewed applicable General Plan policies, commented the San Juan Meadows project is vested for 440 units and the revised project proposes 94 detached residences and a 775 horse equestrian facility. Mr. Ramsey pointed out the chart that compares City equestrian facilities stating this project proposes an equine density of 18 per acre which is about the median of the existing stables and the code allows a maximum 28 per acre. Mr. Ramsey stated staff is requesting Planning Commission direction on several primary issues to include: • Affordable Housing; • Equestrian Density; • Valle Road widening & verdure wall height. Mr. Ramsey identified a letter from the applicant that was just delivered and has been distributed to the Planning Commission. Due to staff not being able to review the letter staff recommends a continuance to the next meeting after accepting public testimony and receiving Planning Commission questions and comments. Principal Planner Ramsey responding to Planning Commission questions and comments stated equestrian phasing would require a CUP modification for each phase, equestrian phasing would not set a precedent as each project is case by case, a hotel would be a separate Architectural Control review, municipal code regulates restaurant parking on seating area and staff anticipates 50% of floor area is for seating, the surface parking fronting La Novia would serve mixed use commercial, roof top equipment is screened but hilltop residents may be able to see glimpses, we can require trellis, parapet, and/or colors to fully screen roof equipment, staff notified the adjacent mobile home park residents, the General Plan designated multi -use trails provide linkages, the EI Parador Hotel is vested with no expiration, San Juan Meadows Tract Map has an expiration in several years, equestrian structures have large roof areas but are mostly open sided, the landfill closure maintenance plan is in effect, new closure requirements are stricter, the Regional Water Quality Control Board has conditions, the City does not strive for LOS D but the General PC Minutes 2 April 13, 2010 Plan and City Council policy identify LOS D as acceptable, LOS D usually only occurs during peak hours, the resolution requires DRC to review landscaping, gated entry's, and colors, staff suggested combining turn lanes on Valle Road and reduce sidewalks to reduce the 96' width 10' to 15', and staff will provide the Commission with the 1994 landfill closure plan, - Alan Oswald, City Traffic Engineer responding to Planning Commission questions stated San Juan Creek Road at Valle Road has two northbound lanesand turn lanes for a total of three lanes, the Camino Capistrano/San Juan Creek Road intersection anticipates little traffic volume change, Ortega Highway may have increased traffic volumes, public opposition will not result in alternatives as the Traffic Impact Analysis and EIR identify mitigation measures, the La Novia bridge will not be widened, the 1-5 Ortega Interchange project is scheduled to start late 2012 and finish late 2014, the shared parking walking distance is reasonable for residential and commercial uses, the project does not trigger extension of La Pata or San Juan Creek Road but cumulative area build out does, the Parador hotel has less peak traffic, the 94 residences and equestrian would have more traffic than the hotel, the vested San Juan Meadows project does have senior housing, residences average one trip per peak per unit, the General Plan authorizes LOS D as acceptable, project construction will have fewer vehicle trips than build out, and cumulative impacts require fair share contributions. Keeton Kreitzer, EIR consultant, commented the new landfill closure maintenance plan is in draft form and the Air Quality Management District and Regional Water Quality Control Board must finalize. Public Comments Rob Cerruti, Allied Real Estate Services (ARES), 23792 Rockfield Blvd., Lake Forest, CA spoke in support, apologized for late delivery of their letter addressing some conditions of approval, commented staff is requesting 96' wide Valle Road when the Traffic Report only recommends 44' width, and the 96' width would result in a large retaining wall. Mr. Cerruti commented on the La Novia on and off -ramps, the restaurant identifying 50% dining area for parking calculations, they must receive landfill closure approval to proceed, and stated he and his team are available for questions. Rob Cerruti responding to Planning Commission questions and concerns stated the traffic analysis only requires 44' for Valle Road width, ARES must get landfill closure approval to build, the State requires a 30 -year bond for the closure, the cut and fill is balanced on site resulting in minimal hauling. Ray Poulter, ARES, responding to Planning Commission questions stated the original San Juan Meadows was approved in 1994, and they are concerned with the adequacy of the cover for the landfill when Orange County vacated. Roger Grable, ARES attorney commented the affordable housing provisions in the Comprehensive Development Agreement meet City standards so there is no need to include in the resolution, and ARES can bond to ensure affordable home construction. PC Minutes 3 April 13, 2010 Valerie Drey, 27549 Via Fortuna, SJC spoke in opposition citing density and traffic. Yvonne Tschaikowsky, 27367 Paseo Placentia, SJC spoke in opposition citing traffic. John Perry, 32175 Via Barrida, SJC spoke in opposition commenting on a referendum. John Arnau, 300 N. 1✓lower Street, Suite 400, Santa Ana, CA represents Orange County Waste & Recycling, requested a continuance and to meet with staff. Marsha Norman, 27517 Via Montoya, SJC spoke in opposition. Helen .Singer, 27454 Via Petra, SJC spoke in opposition. Renee Taylor, 27051 Via Cocida, SJC spoke in opposition. Trevor Dale, 27781 Camino La Ronda, spoke in opposition citing perch water and inadequate EIR. Ira Rosenbaum, 27464 Via Petra, SJC spoke in opposition. Bill Hogan, 32177 Vioa Barrida, SJC spoke in opposition. Robert Harrison, 27329 Paseo Placentia, SJC spoke in opposition. Solomon Orona, 31962 Via Montera, SJC spoke in opposition stating shame on the City. Don Smadley, 32051 Via Buena, San Juan Hills East spoke in opposition. Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • General Plan and Zoning consistency; • Development Agreement; • Environmental Review; • Impacts on Properties in the Vicinity; • Traffic; • Aesthetics. Commissioner Tatarian inquired about the trigger for the 2r'd and 3rd equestrian phases, would this set a precedent for equestrian phasing, is the hotel alternative subject to further review, biggest concern is traffic, on-ramp from La Novia to 1-5 alignment, San Juan Creek Road and Valle Road two or three lanes, did the DRC request reduced street width, Camino Capistrano/San Juan Creek Road intersection change, Ortega Hwy. additional pressure, Drive #1 out of Distrito right only in and out only, La Novia/Calle Arroyo signalized, alternative design if public opposition, widen bridge on La Novia, timing on interchange project, parking calculations on dining and drinking areas, does shared parking for residential and commercial uses make sense, surface parking fronting La PC Minutes 4 April 13, 2010 Novia, roof top equipment visible, and San Juan Creek Road/Valle Rd. width 44' verses 96' maybe a compromise. Commissioner Mocalis commented traffic is his primary concern, Commissioner Tatarian addressed the traffic issues well, inquired about impacts on the mobile home park, actions ARES has taken to notify the mobile home parr residents, commented the landfill has a closure plan but the new project requires a reclosure plan, is the new closure subterranean, and he would like to review the 1994 closure plan, Vice Chair Ratcliffe inquired about extending La Pata Avenue and San Juan Creek Road, is concerned with simultaneous traffic projects including ARES and Caltrans projects, retaining wall is imposing, concerned with pedestrian access and linkages, landscaping, concerned with letter requesting removing affordable housing provisions from the resolution, and she supports concurrent off-site construction of affordable housing units with the project Commissioner Kerr inquired about existing vested entitlements expiration dates, water service, concerned with traffic impacts, aesthetic impacts, and suggested further DRC refinement of architecture and landscaping. Commissioner Williams inquired if the Parador hotel traffic is less than the mixed use, if the 94 residences and equestrian has more traffic than the hotel, concerned with parking structure massing, 440 units has senior housing with lesser traffic impacts, equestrian facility has multiple structures, and does the former San Juan Meadows Project have more overall traffic than the current San Juan Meadows proposal, Chair Cohen inquired if the landfill closure maintenance plan is in effect, does the applicant have to comply with old closure standards, commented he has not seen the closure plan, inquired if the project is approved and if the developer leaves who is responsible for the landfill closure, would like to have full review of each equestrian phase, traffic is his biggest concern, inquired if Level of Service (LOS) D is acceptable and the City strives for, paying in -lieu fees is problematic, should make traffic improvements not fees, how does traffic survive project construction, and in -lieu fees do not mitigate impacts. Motion by Commissioner Tatarian to continue the item to the next regularly scheduled meeting on April 27, 2010, seconded by Commissioner Mocalis. The motion to continue to April 27, 2010 passed on a vote of 6-0. G. NEW PUBLIC HEARINGS 1. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 9 CHAPTER 2.331 MOBILE HOME PARK CONVERSIONS CLOSURES AND CESSATION OF USE. (Applicant: Capistrano Terrace, Ltd.)(Project Manager: Laura Stokes, Housing Coordinator). PC Minutes b April 13, 2010 Staff Presentation and Recommendation Housing Coordinator Laura Stokes presented the staff report stating the City Council first approved a mobile home park closure ordinance in February 2001, the ordinance lacks deadlines for completing closures which may result in a prolonged process, the Housing Advisory Committee recommends the attached ordinance be approved, the attached ordinance proposes establishing deadlines and timelines for the closure process in two parts of the existing ordinance and an application would be considered abandoned: 1. When City staff requests information from the applicant and receives no response; and 2. When the Relocation Impact Report is considered to be out of date and the applicant has made no progress with the closure process. Red evelopment/Economic Development Manager Douglas Dumhart commented he supports Chair Cohen's proposed language. Deputy City Attorney Diego Santana commented he concurs with Chair Cohen's proposed language. Public Comments None Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • Housing Advisory Committee (HAC) recommendations; • Mobile Home Park Closure Time Limits; • Ordinance Language. Chair Cohen stated the code amendment is vague, there are inconsistencies, and he distributed a red -line version he recommends. Commissioner Tatarian concurred with Chair Cohen's proposal. Commissioner Mocalis supported Chair Cohen's proposal. Motion Motion by Commissioner Mocalis seconded by Commissioner Williams to adopt Resolution 10-4-13-1 recommending City Council approval of a draft ordinance to Section 9-2.331, Mobilehome Park of Title 9, Land Use Code to add time limits including Chair Cohen's recommendations. The motion to approve passed on a vote of 6-0. Chair Cohen reorganized the agenda moving up New Public Hearing Item #4. 4. CONDITIONAL USE P ERMIT CUP 091013 T -MOBILE CELL SITE ON CITY OWNED PROPERTY a request to develop and maintain a wireless telecommunications facility located at 29932 Camino Capistrano and more specifically referred to as APN 650- 023-09. (Applicant; T -Mobile, Robert Howell Representative)(Project Manager: Justin Kirk, Associate Planner). PC Minutes April 13, 2010 Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the applicant is requesting approval to install a 55' mono eucalyptus in an existing eucalyptus grove that would house twelve paddle stale antennas. The project includes six pieces of ground mounted equipment located behind a 7' block wall. Mr. Kirk commented both the DRC and Planning Commission had requested the applicant pursue an alternate antenna design such as a historic structure like a wind mill, etc. and the applicant has not done so. Mr. Kirk stated staff is recommending denial with findings based on design. Public Comments Dean Brown, 627 N. Main Street, Orange, CA, agent for T -Mobile spoke in support. Plannina Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • Municipal Code requirements; • Aesthetics and Design, • Impacts on Properties in the Area, • Previous Comments from the DRC and Planning Commission. Commissioner Williams commented the applicant did not follow DRC directions and he supports staff recommendation. Commissioner Kerr commented the DRC felt the existing trees are in poor health and soon the faux eucalyptus would be the only tree left and she supports staff recommendation. Vice Chair Ratcliffe commented the area is sensitive and the existing eucalyptus trees are in poor health and she supports staff recommendation. Commissioner Mocalis commented the existing eucalyptus trees will likely die soon, the applicant had said the equipment area is not visible from the freeway which it clearly would be, and he supports staff recommendation. Commissioner Tatarian concurs with his colleagues and supports a future cellular site master plan. Chair Cohen concurred with Commissioner Tatarian and supports staff recommendation. Motion by Commissioner Kerr seconded by Vice Chair Ratcliffe to adopt Resolution 10-4- 13-2 denying Conditional Use Permit 09-013. The motion to deny passed on a vote of 6-0. 2. ARCHITECTURAL CONTROL AC 10-006 St. MARGARET'S EPISCOPAL SCHOOL TEMPORARY MODULAR CLASSROOMS: an application to install six (6) temporary modular classrooms totaling 8,000 square feet on an existing 1.86 acre property PC Minutes April 13, 2010 located in the Planned Community (PC) Zone District within Comprehensive Development Pian 78-1, Sector "D" and General Plan -designated Public & Institutional and located at 31641 La Novia Avenue; generally located at the corner of Ortega Highway and La Novia Avenue. (APN 666-272T09)(Applicant: Dick Jonovich)(Project Manager: Nick Taylor, Planning Technician). Commissioner Kerr recused herself due to a potential conflict of interest and left the Council Chambers for both Items G2 and G3. Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report stating the City Council approved the St. Margaret's Episcopal School Master Plan on March 2, 2010 the includes the temporary modular classrooms. The applicant proposes to install six (6) temporary modular classrooms totaling 8,000 square feet in area on an existing.1.86 acre parcel. Mr. Taylor stated the classrooms would be located toward the interior of the property and have limited visual impacts and would not create a setback buffer issue. The southwest corner of the modular layout would impede construction of a portion of a wall but that can be mitigated. The color palette is identical to that of the approved color palette which Mr. Taylor distributed to the Planning Commission. Planning Technician Taylor responding to Chair Cohen's question about periodic review suggested a five year time limit then subject to review and time extension. Assistant Community Development Director Taylor stated the applicant opposed the language in condition #2 and he had previously distributed revised language of resolution condition of approval #2 that reads, "The temporary classroom buildings shall be removed within sixty (60) days of the issuance of the certificate of occupancy for the Lower School building renovations identified in Phase ll of the Master Plan or within two (2) years after the issuance of the Certificate of Occupancy for the Middle School building, whichever occurs first." Public Comments David Bush, St. Margaret's representative, 31641 La Novia Avenue, SJC spoke in support stating the modular buildings are in the center of campus not visible from streets and they comply with building codes for school buildings. Mr. Bush responding to Planning Commission questions stated there is no other place to house the students until the new middle school is completed, an existing tenant in the commercial building to be demolished has a five year lease, a worst case scenario is the project would take 7 years to complete if the tenant does not leave, and concurred with staff recommendation for a five year time limit followed by a review if necessary. Dick Jonovich, applicant with Abacus Company, 20201 SW Birch Street, Newport Beach, CA spoke in support stating the modular buildings are located on a low spot of the campus and the gymnasium will screen them from view. Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: R General Plan and Zoning Consistency; PC Minutes 8 April 13, 2010 • Approved Master Plan Consistency; • Aesthetics; Commissioner Williams inquired if students could be located somewhere else during construction to remove or reduce the number of modular buildings, inquired about the tenant in the commercial building, he supports staff language on Condition #2, and supports the project. Commissioner Mocalis concurred with staff recommendation. Vice Chair Ratcliffe concurred with staff recommendation. Commissioner Tatarian concurred with staff recommendation. Chair Cohen inquired about a previous problem with modular buildings at Saddleback Valley Christian School as they stayed much longer than anticipated, he recommended periodic review of the modular buildings, and is concerned that the existing buildings would be demolished resulting in the modular's staying and being visible. Motion by Commissioner Williams seconded by Commissioner Mocalis to adopt Resolution 10-4-13-3 approving Architectural Control 10-06 as amended with staff language and establishing the five-year time limit for the removal of tem[orary classrooms from the date of Certificate of Occupancy on Condition #2. The motion to approve passed on a vote of 5-0-1 with Commissioner Kerr abstaining. 3. CONSIDERATION OF ARCHITECTURAL CONTROL AC 09-32 PERFORMING ARTS EDUCATION CENTER & MIDDLE SCHOOL PHASE 2), a request for approval of preliminary site and architectural plans for the development of a 41,777 GSF performing arts center and an adjoining 24,116 GSF middle school building located at 31641 La Novia Avenue. The property is General Plan -designated "5.0 Public & Institutional" and is classed "PC" (Planned Community) on the Official Zoning Map. (APN 666-272- 04)(Applicant: St. Margaret's Episcopal School, David Bush, Director of Finance & Operations)(Case Planner: William Ramsey, AICP, Principal Planner). Staff Presentation and Recommendation Principal Planner Bill Ramsey presented the staff report with a power point presentation stating the applicant is requesting approval to 41,777 square foot performing arts center and a 24,116 square foot middle school. Mr. Ramsey stated the proposal is consistent with the approved Master Plan, summarized the history of the project, identified DRC comments, and identified a letter from Dr. Pearson who has a lease to 2015. Principal Planner Ramsey responding to Planning Commissioner questions stated the building height is 35' and architectural projections 39', roof equipment is below the parapet and painted to match, possibly visible from some areas on Ortega Highway, but not from surrounding hillsides. PC Minutes 9 April 13, 2010 Public Comments David Bush, St. Margaret's Episcopal School, 31541 La Novia Avenue, SJC spoke in support, commented great staff presentation, they followed Commissioner Neely's design recommendations, and he is available for questions. Gary Bastien, architect, 2951 Edinger Avenue, Tustin, CA spoke in support and explained the design responding to Commissioner Williams concerns. Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • General Plan and Zoning Consistency; • Master Plan Compatibility; • Architectural Design Guidelines; • Potential Impacts on Neighboring Properties. Commissioner Williams inquired about an alternate design as windows have been removed, he concurred with Commissioner Neely's recommendations, still need some refinement to break up the long building plane, the Middle School roof pops up on the parapet, he is concerned with the lack of four side architecture, the walls facing the center of the school can be improved, and he recommended approval with referral back to the DRC for fine tuning. Commissioner Williams commented he respectfully disagrees with the architect's explanation of design. Commissioner Tatarian likes and supports Commissioner Neely's design. Commissioner Mocalis commented he likes Commissioner Neely's design. Vice Chair Ratcliffe commented she wants the new palm trees appropriately selected, the architecture is acceptable, and requested minimal lighting facing Ortega Highway. Chair Cohen inquired about the building height and architectural amenities height, is the roof equipment visible from Ortega Highway or visible from homes on the hills, commented Commissioner Williams raised valid concerns, and concurred with Vice Chair Ratcliffe regarding lighting. Motion by Commissioner Williams seconded by Commissioner Mocalis to adopt Resolution 10-4-13-4 approving Architectural Control 09-32 subject to referring the west elevation architectural design for the Middle School to the DRC for review and approval; redesigning the parapet treatment on the roof of the Middle School; approving A3.3 Alt. for the north elevation of the Performing Arts Education Center; and allowing the removal of additional trees #152 and 155. The motion to approve with referral to the DRC passed on a vote of 5-5-1 with Commissioner Kerr abstaining. H, OLD BUSINESS None PC Minutes 10 April 13, 2010 I. NEVA BUSINESS NONE J. COMMISSION 1 STAFF COMMENTS Assistant Community Development Director Taylor provided a status summarizing upcoming zoning and planning applications to the Development Advisory Board, Design Review Committee, Planning Commission, and City Council. , Commissioner Mocalis stated he has changed travel plans and will be here in May but gone the month of September. Chair Cohen inquired if the Distrito public hearing sign was posted, if the short agenda not listing the EIR is problematic. Deputy City Attorney Diego Santana commented the short agenda should have the EIR listed. Assistant Community Development Director confirmed the Distrito public hearing sign was posted and said the agenda will list all environmental recommendations in the future. Chair Cohen adjourned the meeting at 9:55 p.m. Approved: Grant Taylor, - " Assistant Community Development Director PC Minutes 11 April 13, 2010