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PC Minutes-2010-04-27SAN JUAN CAPIS'fE3ANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org 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