PC Minutes-2010-04-27SAN JUAN CAPIS'fE3ANO, CA 92675
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April 27, 2010
PLANNING COMMISSION MINUTES
REGULAR MEETING
DR. LONDRES USQ
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 Tim Neely
D. ORAL COMMUNICATIONS
None
E. CONSENT CALENDAR
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.
1. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 23, 2010. Chair
Cohen announced the item and inquired if the Planning Commissioners had any
comments or corrections. Commissioner Williams identified an edit on Page 1, Roll Call,
stating he was present and not absent. Motion by Commissioner Kerr to adopt the March
23, 2010 minutes as amended, seconded by Commissioner Williams. The motion to
approve passed on a vote of 6-0.
San Juan Capistrano: Preserving the Past to Enhance the n'atur'e
ej printed on 900% recycled paper
2. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 13 2010. Chair
Cohen announced the item and inquired if the Planning Commissioners had any
comments or corrections. Vice Chair Ratcliffe identified an edit on Page 10, sixth
paragraph, commented she did not want palm trees removed but wanted palm trees
appropriately selected. Commissioner Kerr identified an edit on Page 7, first paragraph,
stating the DRC and Planning Commission had removed consideration of a water tower
cellular structure due to a potential historical conflict. Motion by Vice Chair Ratcliffe to
adopt the April 13, 2010 minutes as amended, seconded by Commissioner Kerr. The
motion to approve passed on a vote of 6-0.
Chair Cohen reorganized the agenda commenting the City Council has a policy to
complete agendas by 11:00 p.m. and the three other agenda items will be brief. The
Distrito La Novia I San Juan Meadows item was moved to be considered after New
Business.
G. NEW PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT CUP 10-001 CHURCH IN SYCAMORE PLAZA; a
request for approval to establish and operate an approximately 3,358 square foot church in
an existing multi -use quasi -industrial building. There are no exterior modifications
associated with the proposed use. (APN 668-082-04)(Applicant: Luis Maga llanes) (Project
Manager: Justin Kirk, Associate Planner).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report stating the applicant is requesting
approval to establish a church within the Sycamore Plaza business park located at 32124
Paseo Adelanto in the CM (Commercial Manufacturing) zone within a 3,358 square foot
tenant space. The church is permitted subject to a CUP and the primary concern is
parking. Staff created a matrix of all uses, hours of operations, and parking requirements
of Sycamore Plaza. In addition, there is a reciprocal parking agreement with the adjacent
Serra Plaza center. Staff determined with the existing 135 stalls on-site, the reciprocal
agreement, and the church operating on primarily off -hours of other businesses that
adequate parking is available and recommends approval of the application. A letter from
the applicant was distributed to the Planning Commission,
Public Comments
Luis Magallanos, 24922 Muirlands, #98, Lake Forest, CA the church pastor spoke in
support stating they have held their congregation services at the SJC Women's Club and
have found a tenant space in Sycamore Plaza with adequate parking.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
• Municipal Code Requirements;
• Parking;
® Impact on other businesses in Sycamore Plaza;
PC Minutes 2 April 27, 2010
All Planning Commissioners concurred with staff recommendations with no questions or
comments.
Motion by Vice Chair Ratcliffe to adopt Resolution 10-4-2701 approving Conditional Use
Permit (CUP) 10001, seconded by Commissioner Tatarian. The motion to approve
passed on a vote of 6-0.
H. OLD BUSINESS
100101
I. NEW BUSINESS
1. LOS RIOS COMMUNITY PARK PHASE 2 CONCEPTUAL PLAN' a request for
review of conceptual plans for park improvements including a public structure, California
native landscaping and open field area that could accommodate potential "active
recreation" situated on property at the southeast corner of Paseo Adelanto and Ramos
Street. (Project Managers: William Ramsey, AICP, Principal Planner, David Contreras,
Senior Planner).
Staff Presentation and Recommendation
Senior Planner David Contreras presented the staff report stating staff is requesting
Planning Commission comments on the conceptual design alternative for Los Rios Park,
Phase 2 to be forwarded to the City Council. The City is pursuing State of California
Proposition 84 Nature Education Facilities (NEF) Grant to fund a broad range of open
space and recreation projects that focus on "inspiring environmental stewardship". The
City Council directed staff to submit NEF applications on four projects to include Los Rios
Park Phase 2. Attached is a conceptual plan prepared by staff with input from the Los
Rios District residents received at two work session meetings. The plan has also been
reviewed by the Parks, Recreation and Equestrian Commission.
Senior Planner Contreras responding to Planning Commission questions and comments
stated no canopy structures are proposed in the park as the neighbors prefer tree canopy,
the meadow turf is not like the turf in Phase 1 but consists of Coastal Sage Scrub, the
meadow has native clumping grass that cannot be used for active recreation, the residents
do not want active recreation only passive, a small scale parking lot by Ramos Street was
considered but deleted by the residents, a Native American fire pit was discussed but the
residents prefer a sculpture in Phase 2 and the fire pit would be more appropriate in the
northwest open space area, and no tables are proposed.
Principal Planner Bill Ramsey responding to Planning Commission questions and
comments stated City Council discussed active recreation, the park does not have
sufficient area for regulation size playing fields, maybe pickup games, the residents do not
want any active recreation only a passive native plant park, the City applied for a Nature
Education Facilities (NEF) grant for environmental stewardship not active recreation, if the
City obtains grant funding staff will forward to the DRC and back to Planning Commission,
and no tables are proposed in Phase 2.
PC Minutes 3 April 27, 2010
Public Comments
Dave Davidson, 26621 Ramos Street, SJC commented he supports a passive park with
native plantings and meandering trails.
Steve Rios, Rios Adobe, SJC commented he concurs with Mr. Davidson's comments,
supports staff recommendations, enjoyed the work sessions with staff, and opposes active
recreation in the park.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
• Amenities,
• Landscaping;
• Aesthetics;
• Resident Comments.
Commissioner Kerr inquired if there were any structures proposed, if a grant application
has been made, will active recreation affect a grant, and commented the park plan is well
thought out and is happy to hear the residents involved and working with staff.
Commissioner Williams inquired if the meadow is similar to the Phase 1 turf, could
meadow area accommodate recreation uses, and commented the park has a nice design
that he supports.
Commissioner Tatarian inquired if small scale parking could be provided by Ramos Street,
was a Native American fire pit considered, and commented the design is a great concept,
and he commended the neighbors for their participation.
Commissioner Mocalis inquired if City Council direction was to include active recreation
and commented there are active recreation opportunities existing in the area, Phase 1
turned out great and he supports the Phase 2 pian.
Vice Chair Ratcliffe commented she opposed active recreation in Phase 1, likes Phase 2
direction, the Phase 2 meadow grass can accommodate croquet but not soccer or golf,
would like the Commission to review the plant palette, supports native plants, and supports
the passive park concept.
Chair Cohen inquired if picnic tables are proposed in Phase 2, and commented he visits
the park on weekends, observes many out of State vehicles, he supported a fully passive
Phase 1 park, supports reducing the meadow area, and supports no active recreation.
By general consensus the Planning Commission received and filed the report and directed
staff to forward the Commission comments to the City Council.
PC Minutes 4 April 27, 2010
2. PLANNING COMMISSIONER INTERPRETATION PCI 10-001 EVANS
RESIDENCE; a request for review of a metal material proposed for a 2,600 square foot
detached accessory structure located at 30652 Shade Tree Lane. (APN 650-181-
18)(Applicant: Michael S. Evans)(Project Manager: Nick Taylor, Planning Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the applicant is
requesting to construct a detached accessory structure consisting of metal material that is
not authorized by the Municipal Code but may be approved by the Planning Director with
confirmation by the Planning Commission. The location of the proposed accessory
structure is not visible from off-site properties, letters were received from adjacent property
owners stating they do not have a concern, and staff recommends approval.
Planning Technician Nick Taylor responding to Planning Commission questions and
comments stated staff supports the proposed color and the project.
Public Comments
Michael Evans, 30642 Shade Tree Lane, property owner, spoke in support stating he
proposes a 40'X 65" building, provided a brief description, showed the building location on
a site plan, and stated the building would not be visible from any other properties.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
Municipal Code requirements;
Y Aesthetics;
® Impacts on properties in the area.
Commissioner Kerr inquired if the building was white and commented she supports the
application.
Commissioner Mocalis commented he researched the property on Google Earth, is
satisfied the building would not be visible, and supports the application.
Commissioner Tatarian commented if staff and the neighbors are satisfied he is satisfied.
Commissioner Williams concurred with his colleagues and supports the project.
Vice Chair Ratcliffe concurred with her colleagues and supports the project.
Chair Cohen inquired if staff supports the color he supports the application,
Motion by Commissioner Mocalis to approve the accessory building as proposed,
seconded by Commissioner Tatarian. The motion to approve passed on a vote of 6-0.
PC Minutes 5 April 27, 2010
3. WITHDRAWN — PLANNING COMMISSION INTERPRETATION(PC]) 10-002 LOS
RIOS BICYCLE RENTALS; a request for a determination that would allow a bicycle rental
business that is not listed as a permitted use in the Los Rios Specific Plan Historic
Residential zone district in the yard of Hummingbird House Cafe at 26711 Verdugo Street,
generally located on the north side of Verdugo Plaza east of the railroad tracks,
approximately 1200 feet north of Del Obispo Street (APN 121-141-24)(Applicants: Milen
Tsekov and Mariana Artatchka)(Project Manager: Teri Delcamp, Historic Preservation
Manager). The applicant has withdrawn this application.
Staff Presentation and Recommendation
Assistant Community Development Director Grant Taylor stated the applicant has
withdrawn the application but because the residents were notified the item was placed on
the agenda in case anybody was present to comment.
Public Comments
None
Planning Commissioner Questions and Comments
Chair Cohen announced the item, confirmed it had been withdrawn, and inquired if any of
the public or Commissioners had any comments.
No comments were received and no action taken.
F. CONTINUED PUBLIC 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 76,100 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
proposal, reviewed traffic concerns from the last Planning Commission meeting,
introduced EIR consultant Keeton Kreitzer and Traffic consultant Rich Barretto, identified
emails staff received from the public, and staff recommends approval.
Principal Planner Bill Ramsey responding to Planning Commission questions and
comments stated
AC Minutes Id April 27, 2010
Public Comments
Rob Cerruti, Allied Real Estate Services (ARES), 23792 Rockfield Blvd., Lake Forest, CA
spoke in support, made a power point presentation to the Planning Commission, identified
the City Council appointed project subcommittee, stated they have been processing the
application for 2 % years, addressed concerns from public testimony and a flier than had
been distributed, and summarized the benefits of the proposed project verses the
approved and vested project.
Dennis Boratynec, LGC Geotechnical Engineers, commented his firm specializes in
stabilizing landslides, the property is on an ancient landslide that has not moved in 17,000
years, and he is satisfied the subject property is suitable for the project.
Valerie Drey, 27549 Via Fortuna, SJC spoke in opposition citing traffic.
Helen Singer, 27454 Via Petra, SJC spoke in opposition citing traffic and lighting.
Marsha Norman, no address provided, spoke in opposition and distributed a two page
questionnaire to the Planning Commission regarding traffic concerns.
Carolyn Schneider, 27327 Paseo Laguna, SJC, spoke in opposition.
Joshua Singer, 27454 Via Petra, SJC spoke in opposition citing equestrian concerns.
Ira Rosenbaum, 27464 Via Petra, SJC spoke in opposition citing risks identified in the EIR.
Rob Clyde, 27469 Via Petra, SJC spoke in opposition.
Adam Maywhort, 27375 Paseo Laserna, SJC, spoke in opposition.
Michael Mulvihill, 27371 Call de la Rosa, SJC, spoke in support.
Joann Gienapp, 27543 Via Fortuna, SJC spoke in opposition citing traffic.
Renee Taylor, 27051 Via Coeida, SJC spoke in opposition.
Yvonne Tschaikowsky, 27367 Paseo Placentia, SJC, spoke in opposition citing traffic and
landfill concerns.
Richard Gardner, Capistrano Beach, spoke in opposition citing water and landfill concerns.
Gail Zukow, 28472 Calle Pinon, SJC, spoke in support stating she was on the project
subcommittee but is speaking as a resident.
Rene Ritchie, 31487 La Pasita, SJC, spoke in support.
Julie Ryan Johnson, 28382 Paseo Establo, SJC, spoke in support.
PC Minutes < April 27, 2010
Matthew O'Malley, 27475 Paseo Lindero, SJC, spoke in opposition citing equestrian
concerns.
Jana Adams, McCracken Hill, SJC, requested to defer her time to her husband.
Larry Thomas, 31107 Rancho Viejo Road, SJC, Chamber President, spoke in support.
Richard Hill Adams, McCracken Hill, SJC, spoke in support.
Ray Polter, ARES, spoke in support commenting on landfill closure procedures with the
San Diego Regional Water Quality Control Board and Air Quality Management District.
Rob Cerruti, ARES, spoke in rebuttal to public comments.
Rick Julian, ARES commented traffic is the biggest public concern, traffic can be mitigated,
and encouraged the Planning Commission to move the project to the City Council.
Planninq 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 traffic comparison from the vested San Juan
Meadows project to the new proposed project, inquired about the realignment of the La
Novia on and off ramps and why are impacts on the other side of town analyzed, and
commented the project was thoroughly reviewed, good faith efforts by all parties, 440
homes on San Juan Meadows is unacceptable, leaving the property vacant won't last as
somebody will eventually build, the proposed project is going in the right direction, the
Distrito component looks beautiful but is too dense, traffic concerns have unanswered
questions, supports downsizing Distrito or having a hotel instead, can support San Juan
Meadows as the City is equestrian.
Commissioner Mocalis inquired if the previously approved project included the
mobilehome park, are the previous approvals still valid, and commented he concurs with
Commissioner Tatarian's comments, he served on the Regional Water Quality Control
Board, participated in the 1975 landfill closure, likes the San Juan Meadows project as it is
a downsize from the previously approved project, supports a final landfill closure plan, and
San Juan is an equestrian community.
Vice Chair Ratcliffe inquired if the road width on San Juan Creek Road and Valle Road for
the truck turning radius is optional or mandatory, and commented she is disappointed most
of the people in the audience who testified tonight have left, neighbors and equestrian
persons testified but not the rest of the City residents, likes the San Juan Meadows
PC Minutes 8 April 27, 2010
component, traffic issues are primary concern, traffic impacts from future projects and
potential future extension of San Juan Creek Road are unknown, traffic circulation during
construction will be problematic, the Distrito component is too dense, likes the hotel
component, and likes the architectural design of both components.
Commissioner Kerr inquired about the timing of installing recycled water lines for
landscaping and commented she appreciates the public testimony and differences of
opinions, the Planning Commission recommendation will not satisfy all parties, supports
the San Juan Meadows component, commercial stable would not open with 775 horses, a
condition should be included to allow over 775 horses in case of an emergency or
evacuation plan, traffic a big concern, any new project will result in traffic impacts, the City
cannot stay status quo, if the City does not grow and improve property values will decline
and the City will not be able to provide services, the economy cannot support three new
hotels, the retaining wall on La Novia is problematic and supports reducing the street
width, and the architecture is excellent.
Commissioner Williams commented the applicant stated the entire project provides 64% of
open space and inquired what would be the open space if the San Juan Meadows
component was removed, and commented he is not familiar with the previously approved
and vested project, will only address this proposal, San Juan Meadows equestrian is
consistent with San Juan, Distrito architecture is terrific, traffic questions are still
unanswered, this project will produce more traffic than the approved project, and Distrito
density is more than he can support.
Chair Cohen inquired about the status of staff meeting with Grange County Waste, building
affordable housing verses in -lieu fees, if project approved and there are landfill problems
who is responsible, what is landfill worst case scenario remediation, who is responsible for
periodic water pumping of landfill, fair share traffic fees insufficient to make physical traffic
improvements, concern with traffic mitigation 4.2.4 (1-5 southbound at Camino Capistrano),
why is City lead agency if Caltrans project, concern with mitigation measure 4.2-718
(Rancho Viejo Road at Ortega Highway) how will restriping help and who decides and
there may not be enough room for another lane. Chair Cohen thanked the applicant,
public and staff, commented traffic is his primary concern, all streets in San Juan dead end
or are a T intersection, concurs with comments from Commissioner's Tatarian and
Williams, Distrito is way too dense, San Juan Meadows 775 horses is too many, EIR
mitigations are not adequately addressed, restriping a street is an unacceptable mitigation,
supports mixed use but Distrito is just too dense, and many traffic concerns not adequately
addressed.
Motion by Commissioner Tatarian to recommend the City Council deny the Distrito La
Novia / San Juan Meadows project as proposed, seconded by Commissioner Williams.
The motion to deny passed on a vote of 4-2. Due to a split vote Chair Cohen requested a
formal role call as follows:
Chair Cohen - Deny
Vice Chair Ratcliffe — Deny
Commissioner Williams - Deny
PC Minutes 9 April 27, 2010
Commissioner Tatarian -
Deny
Commissioner Kerr -
Approve
Commissioner Mocalis -
Approve
Commissioner Neely -
Absent
Assistant Community Development Director Grant Taylor stated Commission comments
and minutes would be forwarded to the City Council for their consideration at a public
hearing tentatively in June 2010.
J. COMMISSION 1 STAFF COMMENTS
Assistant Community Development Director Taylor commented at the next Planning
Commission meeting on May 11, 2010 the Commission would consider the Caltrans I-
5/Ortega Highway Interchange project to provide comments to the City, Costco Work
Session, staff had addressed Chair Cohen's concern regarding an unauthorized window
sign on Ortega Highway, and advised the Commission that the City Council had introduced
the drive-thru ordinance with the provision that no more new drive-thru businesses be
allowed on Del Obispo Street between Ortega Highway and Paseo Adelanto subject to
second reading.
Commissioner Tatarian inquired if the Planning Commission can prohibit approval of new
cellular facilities until a cellular facility master plan is approved.
Commissioner Kerr inquired how staff will address conflicts between cellular company
antenna structures.
Commissioner Williams commented the recycling facility behind Von's Supermarket is not
consistent with what the Planning Commission approved and is poorly maintained.
Chair Cohen inquired about the status of staff communication with Caltrans regarding the
street delineation on Ortega Highway by La Novia, Chevron on Ortega and Del Obispo is
selling vehicles again, and Costco revisions.
Deputy City Attorney Diego Santana responding to Commissioner Tatarian commented the
Commission cannot prohibit approval of cellular facilities as that would be a moratorium
and potentially lead to litigation.
Senior Traffic Engineer Alan Oswald responding to Chair Cohen commented he has
contacted Caltrans regarding the Ortega Highway street delineation, they have responded
they will investigate, Caltrans has not got back with the City, and he will pursue.
Assistant Community Development Director Taylor responding to Planning Commission
questions stated Costco has amended their proposal several times but is ready for review
at the next meeting, the drive-thru prohibition on Del Obispo Street pertains to any type of
drive-thru including drug stores, cleaners, coffee houses, etc., the City cannot prohibit
cellular facilities as the 1996 Federal Communications Act authorizes cities to regulate
coverage and aesthetics but not prohibit, stated the City Council has accepted staff
PC Minutes 10 April 27, 2010
recommendation to pursue a cellular facility master plan and update the ordinance, staff
will notify Von's to comply or pursue code enforcement, and staff has already notified
Chevron not to sell vehicles from their parking lot and if they are a citation will be issued.
K. ADJOURNMENT
Chair Cohen adjourned the meeting at 10:15 p.m.
Approved:
Assistant Community Development Director
PC Minutes 11 April 27, 2010