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PC Minutes-2009-05-1232400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER May 12, 2009 PLANNING COMMISSION MINUTES REGULAR MEETING MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES 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, Vice Chair Gene Ratcliffe, Commissioner Ginny Kerr, Commissioner James Mocalis, Commissioner Williams and Commissioner Bruce Tatarian. 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 MEETING MINUTES OF APRIL 28 2009. Motion by Commissioner Mocalis to approve the April 28, 2009 Planning Commission Meeting Minutes, seconded by Commissioner Tatarian. The motion to approve passed on a vote of 3-0-2 with Commissioner Williams and Vice Chair Ratcliffe abstaining and Commissioner Kerr had not yet arrived. San Juan Capistrano: Preserving the Past to Enhance the Future A `01 Printed on 100% recycled paper Commissioner Kerr arrived at 6:33 pm. F. CONTINUED PUBLIC HEARINGS CONTINUED CONSIDERATION OF DEVELOPMENT AGREEMENT ARCHITECTURAL CONTROL (AC) 09-01, WHISPERING HILLS ESTATES — RANCHO SAN JUAN ; a request for approval of an amendment to CDP preliminary architectural plans, subdivision lot plans, gated entry plans, landscaped slope plans (internal & perimeter), and entry statement plans for the East Canyon area of Whispering Hills Estates - Rancho San Juan, a portion of a 404 acre planned community development located 1.45 miles south of Ortega Highway, west of La Pata Avenue and south of Vista Montana (APN 664-241-01 to 20; 251-02-08; 252-01 to 42; 253-01 to 36; 254-01 to 23; and 255-01 to 42) (Applicant: Woodbridge Homes, Todd Cunningham)(Project Manager: William Ramsey, AICP, Principal Planner). Staff Presentation and Recommendation Principal Planner Bill Ramsey presented the staff report and stated the project is a residential subdivision in the east canyon of Whispering Hills Estates consisting of 140 detached residences. Mr. Ramsey identified the subject property on the General Plan and Zoning maps and stated the applicant is requesting: 1) Amendments to Section 6.7 of the Development Agreement requesting the Community Benefit Payment be amended to 10% of the total bond proceeds rather than a flat fee of $1,126,000; 2) Amendments to conditions of approval of the Tentative Tract Map; 3) Amendments to the Tentative Tract Map to delete or relocate the proposed private neighborhood park. Mr. Ramsey stated the development agreement term is 5 years with a provision for a five year extension and the applicant would like a 10 year term. Staff recommends the term remain 5 years as the City Council will ultimately decide. Mr. Ramsey commented that Section 6.7 of the Development Agreement requires a lump payment sum and the applicant is requesting 10% of the bond proceeds to reflect the current market rates but retain the original intent of the agreement. Staff concurs with the applicant request. Mr. Ramsey commented the private park was originally approved in an Edison easement and that Edison will not allow structures. The applicant requests the park be removed as adequate open space and the high school fields are near by. Staff recommends the park be retained pursuant to the residents paying $30 a month to fund construction of the park at a future date. Mr. Ramsey stated Condition 3.1 requires an Affordable Housing In -lieu fee. The original fee was 1 % of the project valuation that totaled about $560,000 or $4,000 per residence. The recently adopted City Council ordinance has a formula that increases the in -lieu fee to about $2 million or $15,000 per residence. In order for the project to be consistent with the General Plan Housing Element, staff recommends the conditions be revised to require that the project pay housing in -lieu PC Minutes 2 May 12, 2009 fees as established by the newly adopted Council ordinance, or that the applicant construct at least sixteen (16) affordable housing units. Mr. Ramsey commented staff has added a new water conservation condition that would require a California native or friendly drought -tolerant palette in front yards subject to HOA approval. Synthetic turf would be permitted but could not exceed 25% of the front yard. Mr. Ramsey commented on a condition that completion of water facilities to provide a connection between the east and west canyon be performed prior to issuance of the 70th building permit. Principal Planner Bill Ramsey responding to Planning Commission comments and questions clarified that the operative date of the development agreement term would be established by City Council adoption of the new agreement (should they choose to amend the agreement); the waterline connection to the east would be with Santa Margarita Water District; the City is pursuing joint use agreements with CUSD for the use of school recreational facilities; there are no public parks in the immediate vicinity of the proposed development and recommends that the original requirement for providing a private neighborhood park remain; explained the intent of the language in condition 3.7(c) to require permanent, underground waterlines but concurred to remove the sentence that would allow City authority over individual lots sales in the west canyon; and commented that the City's obligation to provide State -mandated affordable housing requires that the City impose the in -lieu housing fee increase as an effort to catch up on affordable housing development consistent with the State -mandated Regional Housing Needs Assessment (RHNA). Public Comments Todd Cunningham, President of Woodbridge Homes commented he concurs with a large number of the staff recommendations, however, Woodbridge has the following objections and recommendations: 1) Requests a 10 -year development agreement term rather than 5 years; 2) Requests a 10% public benefit fee rather than a flat fee; 3) Requests removal of the private park; 4) Is amenable to limiting synthetic turf but requests more than 25% in front yards; 5) Requests the water line connection condition be deleted as it must be performed; 6) Requests Affordable Housing In -lieu fee remain at 1 % of project valuation. Planning Commissioner Comments and Questions The Planning Commission considered project issues to include: • Development Agreement Term length; • Public Benefit Payment; • Private Park; • Water Conservation Landscaping; • Waterline connections; • Affordable Housing In -lieu fees; • Amended conditions of approval. PC Minutes 3 May 12, 2009 Commissioner Tatarian inquired about language on the development agreement term on Page 3, Section 4.1 regarding "operative date", clarified the $60,000 reimbursement to the developer for the park, supported retaining the public benefit flat fee, was amenable to deleting the park, and supports affordable housing and the new in -lieu fee. Commissioner Kerr inquired about the $60,000 park reimbursement and the benefit to the City, commented that the proposed conditions may discourage development, the required private park may not be used, there is abundant open space, the economy is problematic and supported the 10% bond revenue, and is concerned about the large difference between $500,000 and $2,000,000 (approximately $1.5 million) for affordable housing in -lieu fees. Vice Chair Ratcliffe inquired about joint use of high school facilities, supports water conservation, inquired if the water connection would be with Santa Margarita Water District, commented the park has tot lot facilities that the high school does not, supports the native landscape palette, synthetic turf is acceptable, encourages affordable housing construction rather than in -lieu fees, condition 3.7c language is too broad, and changing the public benefit fee from a fixed fee to 10% of the bond proceeds is a City Council policy decision. Commissioner Mocalis commented the sentence in condition 3.7c regarding City control of lot sales is unusual and should be deleted, and concurred with his colleagues comments. He suggested that the developer include a provision in the sales agreement that no building permit could be issued until the permanent waterline improvements had been completed. Commissioner Williams commented on the added $1.5 million in affordable housing in - lieu fees, and concurred with his colleagues comments. Chair Cohen inquired if the City is pursuing joint use agreements with the Capistrano Unified School District (CUSD), if the park is deleted what would be in its place, and commented instead of a private park maybe native landscaped open space could be maintained. He stated that the sentence in condition 3.7c that would allow City control of lot sales is "draconian", overbroad and should be deleted, appreciates Commissioner Tatarian's comments on the public benefit fee, and the affordable housing in -lieu fee is subject to Council approval and should be left as is Motion by Commissioner Tatarian to approve the attached Resolution as amended, seconded by Commissioner Williams. The motion to approve passed on a vote of 6-0. Principal Planner Ramsey clarified the Resolution amendments to include the following and stated that staff would be amenable to increasing the recommended maximum permitted area for synthetic turf from 25% to 40%: Section 6.7, Public Benefit Fee, shall be amended from a flat fee of $1,126,000 to 10% of the bond proceeds; PC Minutes 4 May 12, 2009 • Condition 3.7c amended to delete the second sentence, "The City may require that the applicant/subdivider shall provide the City with the legal right to exercise authority over the sale of individual lots." • Conditions 1.4 and 3.6, Park In -Lieu Fees and the Private Neighborhood Park, shall be amended to delete the requirement for an approximate one (1) acre private park and the designated area shall remain open space with native planting. G. NEW PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT (CUP) 08-011 FORSTER MANSION EXCLUSIVE EVENTS; a request to allow a wedding and special events venue to occur in the exterior grounds of the Frank Forster Mansion, with outdoor amplified live entertainment, dancing, catered food and alcohol, and off-site valet parking for up to 200 guests located on a 0.6 acre site at 27182 Ortega Highway, with a General Plan land use designation of General Commercial, and a Zoning designation of Ortega Planned Community (CDP 78-01) Sector A-1. No permanent interior or exterior modifications or site improvements are proposed as a part of this project. (APN 666-241-09) (Applicant: Forster Mansion Exclusive Events, Arpi Evans)(Project Manager: Teri Delcamp, Historic Preservation Manager). Staff Presentation and Recommendation Historic Preservation Manager Teri Delcamp presented the staff report stating the applicant is requesting approval of a wedding and special events venue on the exterior grounds of the Frank Forster Mansion. Ms. Delcamp commented on the code enforcement background and that three CUP submittals have been received by staff that are all incomplete. Three letters advising the applicant of the incomplete application status with a list of required items were sent to the applicant, but the applicant requested a fast date certain to proceed with the CUP hearing. Staff recommends denial due to incomplete information. Ms. Delcamp further stated the Forster Mansion is a historic site listed in the National Register and City's Inventory of Historic and Cultural Landmarks (IHCL). Ms. Delcamp summarized the proposal stating no physical changes are proposed to the Mansion so no Site Plan Review by the Cultural Heritage Commission is required. Events up to 200 persons with amplified live entertainment and dancing would be conducted in exterior areas. The Mansion's interior can accommodate office and support uses with less than 50 persons so as not to alter existing building occupancy rating. The events would be conducted predominantly at the rear of the site often, using a tent, and food and alcohol would all be catered into the site. Ms. Delcamp further commented the Forster Mansion is adjacent to residential uses including a single-family dwelling and the Seasons Senior Housing with the tent located within 20 to 80 feet of the nearest residential building walls. Ms. Delcamp summarized issues and outstanding items needed for a complete application to include: 1) an acoustical analysis to identify noise impacts and recommend mitigation measures; review and approval by the Orange County Fire Authority (OCFA); a complete Parking PC Minutes 5 May 12, 2009 Management Plan that identifies Capistrano Collections tenant hours of operation, number of stalls, parking availability and valet operations site plan; and a waste management plan that is approved by the City's Environmental Engineer. Ms. Delcamp referred to the latest iteration of the Parking Management Plan dated May 7, 2009, that was not submitted in time to be addressed in the staff report but was placed on the dais before the meeting. Ms Delcamp stated that no conditions of approval are proposed due to staffs recommendation of denial. Responding to Planning Commission questions and comments, Historic Preservation Manager Teri Delcamp stated there is conflicting information in the application regarding the number of parking spaces, with the Parking Management Plan stating 120 parking stalls whereas she counted 113 stalls on the site plan including at -grade stalls that are not to be used. Ms. Delcamp identified the location of the residence and Seasons on the aerial photograph in the agenda packet; commented a "no right turn sign" is present at Capistrano Collections; commented the missing information is necessary and would result in a Development Advisory Board meeting and staff would need at least a month for full review and comment and development of conditions if the project can be supported after submittal of missing information. Assistant Community Development Director Grant Taylor, responding to Planning Commission questions and comments, stated there are no events at Steven's Nursery as the new zoning does not allow special events. The Municipal Code authorizes staff to approve a maximum of three (3) Special Activity Permits per site per calendar year. Staff would be hard-pressed to approve any SAP's for Forster Mansion at this time, but staff could entertain future SAP's if the applicant demonstrates substantial progress towards code compliance and providing the missing CUP information. The proposed use has merit but the applicant needs to be more responsive to provide the required information and comply with code requirements. Deputy City Attorney Diego Santana commented the Planning Commission would need to properly notice a special meeting if the item is not continued to a date -certain. Public Comments Phil Schwartze, consultant for property owners Maryanne and Philip Charis, 31872 San Juan Creek Circle, SJC spoke in support stating the events are similar to the property owners' former events and to the Villa facility on Camino Capistrano. He concurs with a permanent sound system. There have been no more than 200 persons but usually about 60 at the events and parking has not been a problem due to valet parking provided underground at Capistrano Collections. St. Margaret's Episcopal School has agreed to provide overflow parking that has not been needed so far. OCFA has previously approved individual events so their review of the CUP should be straightforward. The caterers take all their trash with them so the Waste Management Plan should be approved by the City. The Parking Management Plan is basically the same as The Villa's plan. He concurs a Planning Commission site visit to Forster Mansion to observe the sound would be beneficial. PC Minutes 6 May 12, 2009 Arpi Evans, business operator, spoke in support stating she made mistakes and apologizes. She takes responsibility and wants to move forward cooperatively, but some of the items are out of her scope of responsibility. She said she has met with the Seasons neighbors; she requested the City approve an event to allow her acoustical engineer firm to conduct a sound analysis and prepare a report. She apologized for the bad start, but was unaware of the CUP requirement. She thought the single-family residence was an office as it is in the Sector A-1 commercial zone. She confirmed she will not allow the sound level to exceed 64 dba, and said events have a 10:00 pm curfew and maximum 200 people. Maryanne Charis, Forster Mansion owner, spoke in support summarizing her purchase of the property in 1990 and her love for the property. Other proposed land uses she considered to be inappropriate but the wedding and special events is consistent with the Mansion. She acknowledged previous problems and has spoken with the senior citizens at Seasons. Pat Forster, 31861 Calle Winona, SJC spoke in support stating his grandfather built Forster Mansion in 1910 and the wedding and special events proposal is appropriate. Bob Hanson, 31641 Rancho Viejo Road #102, SJC spoke in opposition stating he lives behind the Mansion in Seasons, and he never heard events until six months ago. The events have been very loud and annoying parties, and the Seasons residents are skeptical. Carol Ettlin, 31641 Rancho Viejo Road, SJC, Seasons Senior Apartments Manager, spoke in opposition stating the events are too noisy, and they have not been approved by the City. The events cause stress and tension, and she and the residents don't trust Arpi Evans. Ms Ettlin commented on code enforcement issues, and stated Seasons is a City Affordable Housing project and the City should respect the residents' rights. Eric Altman, 102 Lattice Street, Irvine, Chamber of Commerce president, was neutral stating the Chamber is neither for nor against the project. They promote business enhancement and open lines of communication. The neighbors and staff have been unhappy with the events, but the main issue is the best land use for the Forster Mansion. Mr. Altman commented it appears the primary issues are noise, parking, fire protection, waste management, and compatibility with the residential uses. Cindy Rigas, 34602 Camino Capistrano, Capistrano Beach spoke in support stating the Forster Mansion has provided charity tours and the Mansion needs a philanthropic use. Cameron Grenier, 31645 Rancho Viejo Road, SJC, stating she owns the residence behind Forster Mansion, and the Mansion was owned by her great grandparents. She spoke in opposition as the events have been outrageous and the use is incompatible with residential uses. Noise is the main issue since it is not just the events but the setup for them that starts early with unloading, goes on all day and then the break -down late at night. She also observed a delivery truck stopped on Ortega Highway blocking traffic. The proposal does not comply with findings in Municipal Code Section 9-2.317. PC Minutes I May 12, 2009 Jack Randall, 25955 Via Del Rey, SJC is a photographer in Dana Point who spoke in support commenting on setting and the jobs created by the land use. The Forster Mansion is similar in its location to many other special event sites such as the Casa Romantica and the Ole Hanson Beach Club in San Clemente. Becky Rodarte, Chamber of Commerce, 31910 Del Obispo, SJC spoke in support hoping the City, neighbors and applicant can work out differences. She commented a sound study and sound wall would be appropriate, and suggested a probationary period. Arpi Evans, speaking in rebuttal, commented she conducted only 14 events in 2008. She stated she has not made any event reservations in April, May or June of 2009, and has had no events for six or seven weeks. She will require vendors to provide a list of all their subvendors; she will enforce City rules; and she has made mistakes she won't make again. She requested to be able to have an event to perform a sound study analysis and prepare a report, and would invite the residents to the event. Juan Forster (from the audience) stated his granddaughter has reserved her wedding at Forster Mansion for August 2, 2009 and wants assurance the event will be allowed. Planning Commissioner Comments and Questions The Planning Commission considered application issues including but not limited to: • Conditional Use Permit requirements; • Code Enforcement violations; • Noise; • OCFA review; • Valet Parking management; • Waste management; • Compatibility with neighboring uses. Commissioner Tatarian inquired about the total number of parking stalls available at Capistrano Collections, and commented Forster Mansion and the proposed use are an opportunity for the community. The applicant has apparently "stubbed some toes", and he supports a continuance to allow the applicant time to provide more information. Commissioner Kerr inquired about the location of the residence and Seasons, and commented the proposed use has merit if properly regulated. Event time limits are needed, an acoustical study is critical, and missing information and OCFA review are needed. At this time she supports continuance or denial. Commissioner Williams commented he visited the site. Staff needs the missing information from the applicant and a time frame. The main issue is noise, and he supports a continuance. Vice Chair Ratcliffe expressed concern with missing items requested by staff, commented noise is the primary concern, and the applicant should be held to the same high standards as The Villa event facility. She suggested a site meeting with a sound PC Minutes 8 May 12, 2009 system setup as a demonstration to check the sound The code enforcement issues have not been resolved, and an acoustical analysis is necessary as noise is the deal breaker. Commissioner Mocalis commented he visited the site. He concurs with Pat Forster that the Forster Mansion is a valuable asset that should be shared with the public. The applicant must provide staff the missing information and OCFA review is needed. He supports a continuance. Chair Cohen inquired if Steven's Nursery was conducting weddings and special events across the street, and if conditions would restrict left turns out of Capistrano Collections. He commented he has lived near the Forster Mansion since 1985, never heard any events or any problems until the last six months. He suggested a Planning Commission site meeting to the Mansion to assess the noise, similar to what was done at The Villa during that CUP application process. The applicant must provide the required information. He would consider possibly approving a CUP temporarily and revisit it at a later date. Chair Cohen supports a continuance and a special meeting at the Forster Mansion with the Planning Commission. Motion by Commissioner Williams to require the applicant to provide information requested by staff and continue the item to a Regular Adjourned Meeting at the Forster Mansion on Wednesday, June 10, 2009 at 6:30 pm, seconded by Vice Chair Ratcliffe. The motion to continue the item to a Regular Adjourned Meeting on Wednesday, June 10, 2009 to be convened at the Forster Mansion, 27182 Ortega Highway, passed on a vote of 6-0. Chair Cohen clarified that the applicant would have a vendor set up a permanent sound system to demonstrate for the Planning Commission to hear and suggested to the Seasons residents that the Commission be allowed to come to their property and apartments to hear the sound system. Chair Cohen asked Assistant Community Development Director Taylor about Special Activity Permits and the Juan Forster wedding request. H. OLD BUSINESS NONE I. NEW BUSINESS 1. WORK SESSION ON ARCHITECTURAL CONTROL (AC) 09-004, SAN JUAN HILLS (GLENDALE FEDERAL, AREA C-2); a request for approval of preliminary architectural plans, site plans (subdivision lot plan), and landscape plans, for Planning Sector C-2 of the Glendale Federal Comprehensive Development Plan, a portion of a 415 acre planned community development located at the intersection of Camino Del Rio and Vista Granada and located approximately 1600 feet south of San Juan Creek and directly west of Via Entrada. (APN 666-451-25 & 47 to 58). (Applicant: Nelson Chung, Pacific Communities Builders)(Project Manager: Justin Kirk, Associate Planner). PC Minutes 9 May 12, 2009 Staff Presentation and Recommendation Associate Planner Justin Kirk presented the . staff report stating the project was approved in 1995 authorizing the development of 132 detached residential condominiums on 28 acres in the San Juan Hills, Glenfed Section C-2 area. Mr. Kirk commented the Final Track Map has been recorded and is vested, the Architectural Control has expired, and this review is limited to architectural issues. Mr. Kirk commented staff is concerned with parking and the project does meet code standard of two covered stalls per residence, 44 guest stalls are provided, staff would request the CC&R's mandate garages for parking only and one -side of the street be red curbed and street parking provided on the other side. Mr. Kirk commented the park and recreation/pool areas have been relocated away from the main entrance at the rear of the subdivision. Mr. Kirk further commented the applicant has revised the site plan to comply with DRC recommendation of Scheme C, has revised elevations consistent with DRC direction, the DRC supports the materials and colors, and a CEQA Categorical Exemption is appropriate. Associate Planner Kirk responding to Planning Commission questions and comments stated the golf course holes 13 and 14 are adjacent to the project but the houses are 10 to 15 feet above the greens and buffered by a lake, the roof tiles are more flat as they use to be Mission tile but are now a proposed S -Tile that is acceptable, and concurred that final elevations and landscaping should be reviewed by the DRC, Assistant Community Development Director Taylor commented if the Planning Commission has no objection staff will schedule the public hearing for June 9, 2009. Public Comments Nelson Chung, President of Pacific Community Builders, spoke in support and made a power point presentation summarizing the history of the project, original approval, soil problems that halted the project, commented the mass grading, streets and dry utilities have been completed, he has addressed DRC comments, and complimented staff. Mike Lamont, architect, commented they propose St. Augustine turf in the park and they used the City's Nifty Fifty native drought tolerant list for landscaping. Planning Commissioner Questions and Comments The Planning Commission reviewed and discussed project issues related to: • Architecture; • Amenities; • Park, pool and recreation areas; • Landscaping; • Parking. Commissioner Tatarian inquired if the recreation area included turf Vice Chair Ratcliffe inquired the proximity of the golf course, problems with golf balls, and if roof tiles are an issue. PC Minutes 10 May 12, 2009 Commissioner Williams commented the DRC requested enhanced elevations and final elevations should be reviewed by the DRC. Commissioner Kerr had no comments. Chair Cohen inquired when the item would be scheduled for public hearing. The work session item was received and filed by the Planning Commission and staff stated the application would be scheduled for public hearing consideration by the Planning Commission on June 9, 2009. J. COMMISSION / STAFF COMMENTS Assistant Community Development Director Taylor summarized land use applications to be reviewed by the City Council on May 19, 2009 to include: • Housing Element Update • Sign Code Amendment —1St reading • Equestrian Code Amendment — 2nd reading • Wine Tasting at the Williams (Swanner) House Mr. Taylor summarized land use applications to the Planning Commission on May 26, 2009 to include: • Koll San Juan Commercial Offices • Robinson Residence Grading • Whispering Hills Estates AC MOD Revised Plans • General Plan Annual Housing Report Mr. Taylor commented that Joan Irvine -Smith, owner of the Oaks Horse Ranch, had offered to donate Oak trees to the Habitat for Humanity Housing Project. If Habitat and the City concurs, the DRC would be asked to review the revised landscaping plan. Vice Chair Ratcliffe inquired about Podocarpus trees planted or installed in pots around a Specimen Oak Tree in the Serra Plaza Center. Mr. Taylor said he did not know but would investigate. K. ADJOURNMENT Chair Cohen adjourned the meeting at 9:27 p.m. Approved: IAW Grant , Ta lor YROVED) Assistant Community Development Director APP PC Minutes 11 May 12, 2009