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PC Minutes-2009-05-2632400 PASS® ADELAIVTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (9.49) 493-1053 FAX www.sanjuanf-api,vtratio.org A. CALL TO ORDER May 26, 2009 PLANNING COMMISSION MINUTES REGULAR MEETING Vice Chair Ratcliffe called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 6:35 p.m. B. PLEDGE OF ALLEGIANCE Vice Chair Ratcliffe led the flag salute. C. ROLL CALL PLANNING COMMISSIONERS PRESENT: Vice Chair Gene Ratcliffe, Commissioner Ginny Kerr, Commissioner Tim Neely, Commissioner Robert Williams and Commissioner Bruce Tatarian. COMMISSIONERS ABSENT: Chair Sheldon Cohen and Commissioner Jim Mocalis. D. ORAL COMMUNICATIONS 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. Vice Chair Ratcliffe announced the consent calendar items would be considered separately. 1. APPROVAL OF MEETING MINUTES OF May 12 2009. Vice Chair Ratcliffe identified an edit on Page 4, Std paragraph, at the end of the paragraph requesting condition 3.7c language be clarified to reflect it is a Council policy decision whether the San .Juan Capistrano.- Preset-5inr, the Fast to Enhance the Future Printed on 100% recyded peer public benefit fee be a fixed fee or 10% of the bond proceeds. Motion by Commissioner Kerr to approve the May 12, 2009 Planning Commission Meeting Minutes as amended, seconded by Commissioner Williams. The motion to approve passed on a vote of 4-0-1 with Commissioner Neely abstaining. 2. CONFIRMATION OF DESIGN REVIEW COMMITTEE DRC APPROVAL: ARCHITECTURAL CONTROL AC 09-01 WHISPERING HILLS ESTATES — RANCHO SAN JUAN' preliminary architectural plans, color palette & subdivision plotting plan, 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 about 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)(Project Manager: William Ramsey, AICP, Principal Planner). Commissioner Kerr commented the pot shelves were still out of proportion and did not provide variation as requested by the DRC. Assistant Community Development Director Taylor stated Commissioner Kerr's comments would be included in the minutes and forwarded to the applicant for revision of elevations. Motion by Commissioner Williams to approve confirmation of the DRC approval of the elevations as amended, seconded by Commissioner Kerr. The motion to approve passed on a vote of 4-0-1 with Commissioner Neely abstaining. F. CONTINUED PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF REZONE (RZ) 07-02 TENTATIVE PARCEL MAP TPM 07-191 ARCHITECTURAL CONTROL AC 07-17 GRADING PLAN MODIFICATIONI (GPM) 07-01, KOLL SAN JUAN a request for review of preliminary design plans for a proposed 68,000 gross square foot (GSF), nine (9) building, commercial office complex on an existing 7.8 net acre parcel located along the east side of Rancho Viejo Road and north of Spotted Bull Lane (APN 650-011-34 & 39) (Applicant/Developer: Scott Meserve, Koll Company)(Project Manager: William Ramsey, AICP, Principal Planner). Staff Presentation and Recommendation Assistant Community Development Director Grant Taylor presented the staff report stating the Koll project had previously been considered at the February 10, February 24, March 10, and April 28, 2009 Planning Commission meetings. The item had been continued to allow re -circulation of the Draft EIR Traffic and Transportation section and public comment had closed on May 21, 2009, Mr. Taylor identified three handouts distributed to the Planning Commission to include: 1) Response to Comments from Mission Viejo letter; PC Minutes 1 May 26, 2009 2) Revised Response. to Comments cover page and response to OCTA letter; 3) Revised Mitigation Monitoring and Reporting Program, MM 4.2-2 and 4.2-3. Mr. Taylor summarized the Koll San Juan Office Complex project stating the proposal is a 68,000 square foot office complex, nine buildings with buildings 1, 4, 7 and 9 being two -stories, with three parking levels on a 7.8 acre parcel. The rezone is to change the zoning from P & I (Public & Institutional) to PC (Planned Community) subject to Comprehensive Development Plan (CDP) 90-02 Mammoth Equities for an approximate 0.58 parcel on the southern end of the project. The General Plan allows a maximum floor area ratio (FAR) of 0.40.1 and the applicant proposes a 0.20:1 FAR. Mr. Taylor recommended that the Planning Commission adopt the two resolutions forwarding the EIR certification and all zoning entitlements (i.e. rezone, tentative parcel map, architectural control and grading plan modification) to the City Council with a recommendation of approval. Mr. Taylor responding to Planning Commission questions and inquiries had the view simulations shown on the overhead projector, supported language in the Allen Matkins letter for mitigation measures 4.2-2 and 4.2-3, former condition 4.2-1 has been deleted, supports staff language for the remaining mitigation measures, the Pubic Works Engineer is out of town and Condition 4.18 regarding the utility pole is a Public Works condition subject to City Council determination, suggested adding language to allow the Historic Preservation Manager flexibility in cultural resource monitoring, suggested adding language on the sound walls that affected property owners agree on design, the project includes 90,000 cubic yards of cut and fill with approximately 2,500 cubic yards of export, and conditions of approval require installation of a 16 inch wafter main. City Attorney Omar Sandoval commented proposed mitigation measure language by staff is acceptable under CEQA, language specifics are policy decisions for the City Council, San Juan Capistrano has no control over Mission Viejo or Laguna Niguel, and fair share fees are acceptable to mitigate project impacts. Senior Traffic Engineer Alan Oswald commented he does not oppose the language in the Allen Matkins letter but that is a City Council policy decision, Spotted Bull Lane is currently safer with a stop sign instead of a signal, cannot include a future signal as a project impact as it is a City impact, the access drive is sufficient in width that the parking stalls near the entrance are safe, left turns from the project onto Rancho Viejo Road are acceptable, may be a problem with right turns from the project onto Rancho Viejo Road, and commented the Mission Viejo letter requesting review of the future expansion of the Metro station is unwarranted at this time due to little information, no construction and no time frame. Environmental Consultant Keeton Kreitzer commented findings of fact will be reviewed by the City Council for certification of the Final EIR, concurred with Commissioner Neely that finding #5 in both resolutions will be revised to reflect a Statement of Overriding Considerations, and San Juan Capistrano has no jurisdiction with Mission Viejo traffic locations. PC Minutes 3 May 26, 2009 Public Comments Keith Hempel, 5161 California Avenue #100, Irvine, CA from LPA Architects spoke in support and made a power point presentation to the Planning Commission. Mr. Hempel commented the project ties in with the Mammoth Equities architecture, has hip roofs with slates tiles, wall sconces, a history walk HDP, warm colors and native landscaping palette. Mr. Hempel commented buildings 1, 4 and 9 are cut into the hillside to reduce massing and he reviewed the view simulations in the Draft EIR. Scott Meserve, 4343 Von Karman #150, Newport Beach, CA from the Koll Company spore in support and summarized the view simulations of the project from different locations. Mr. Meserve commented the Koll project is much less intensive than Mammoth as Mammoth consists of two buildings, 100,000 square feet in area. Mr. Merserve commented the Koll entrance is near the south end of the property as that is the only feasible location, Mr. Meserve requested revisions to conditions of approval and mitigation measures to include: • MM 4.2-2 & 4.2-3 are correct in the hard copy staff report but the previous language was posted on the City webpage; • MM 4.2-4 & 4.2-5 requested language from the Allen Matkins letter dated May 15, 2009 be included; • Condition of approval .2.18 requested under grounding the utility pole be deleted; • Condition 2.14 and 2.15 requested to use language from the Allen Matkins letter; • Conditions 3.8, 3.9 and 3.10 regarding Native American, paleontology and archaeology monitoring requested flexibility regarding daily monitoring; • Requested sound walls design be subject to approval of affected property owners. Bob King, 29422 Spotted Bull Way, SJC, spoke in opposition stating he represents Save Our San Juan, the 21 property owners who signed the petition, and the seven original property owners. Mr. King commented the project is almost identical to the Zion project and the staff report contains an error and stated the Planning Commission denied Zion and the applicant withdrew the Zion application from the City Council agenda. Mr. King commented he supports the City of Mission Viejo letter and that traffic impacts cannot be mitigated. Mr. King referred to the two comment letters he submitted. James Sears, 29341 Spotted Bull Way, SJC, spoke in opposition stating he opposes the sound wall, the distance between the Spotted Bull entrance and the Koll entrance is too short, and he concurs with the staff cultural resources monitoring conditions. Jana McDonough, 29262 Country Hills Road, SJC spoke in opposition questioning why should the office project be built when Mammoth Equities is largely vacant, traffic on Avery Parkway and Rancho Viejo Road is terrible, and existing water pressure problems. PC Minutes 4 May 26, 2009 Planning.Commissioner Comments and Questions The Planning Commission considered application issues to include: • Aesthetics; • View Simulations; • Project Entrance location; • Spotted Bull Lane and project intersections; • Sound Wall; • Environmental impact Report; • Traffic Analysis and Impacts, • Comments Letters (Re -circulated Draft EIR) Commissioner Tatarian inquired about the size of Mammoth Equities and the height of the berm, inquired about views from the south, and commented the property is a gateway location, opposes change to language in mitigation measures 4.2-4 and 4.2-5, concurs with staff language for other mitigation measures, the Koll entry is an issue as it is close to the Spotted Bull stop sign, and he is satisfied with the view simulations reviewed in the Draft EIR. Commissioner Williams inquired if parking stalls near the entrance were accessible and safe, inquired about the amount of cut and fill, if a left turn out of the project onto Rancho Viejo Road would be permitted, and is concerned about the short distance between the Spotted Bull stop sign and project entrance as it may create sight distance problems. Commissioner Kerr expressed concerned with traffic from future projects in Mission Viejo and Laguna Niguel, commented language in the Allen Matkins letter for mitigation measures 4.2-4 and 4.2-5 is clearer, and asked the City Attorney if existing language in the mitigation measures is acceptable. Commissioner Kerr commented the applicant has been responsive, is concerned with the proximity of the Spotted Bull stop sign to the Koll entrance, inquired if you can see the Koll entrance from the stop sign and supports language in the Allen Matkins letter for mitigation measures 4.2-4 and 4.2-5. Commissioner Neely commented on Page 2 of the Tentative Parcel Map resolution, Finding #5 should be amended to reflect a Statement of Overriding Considerations, inquired if Findings of Fact would be reviewed by the Planning Commission, stated San Juan Capistrano has no jurisdiction in Mission Viejo or Laguna Niguel, the City Council will approve final findings, inquired about Ms. McDonough's comment on water pressure, supports the applicants requested changes except mitigation measures 4.2.4 and 4.2-5, supports flexibility with cultural resource monitoring, the driveway location is the best location based on slope, the applicant has worked to overcome community objections, the applicant has been cooperative and altered design, the neighbors houses are set back from -the rear property line so all they will see is roof tops from their backyards, he is comfortable with the Draft EIR and responses to comments. PC Minutes 5 May 26, 2009 Vice Chair Ratcliffe commented on the Koll roofs and retaining walls in the view simulations on the overhead projector, supports the City Council making final policy decisions, supports staff language for mitigation measures 4.2-4 and 4.2-5, supports flexibility with cultural resources monitoring andsound wall specifics, the utility pole should be decided by Council, comments from Mission Viejo and Laguna Niguel are not under San Juan Capistrano control, the Spotted Bull stop sign is safer than a signal, the site design is good, and the property is not open space but undeveloped space. Motion by Commissioner Kerr to recommend City Council certification of the EIR and approval of zoning entitlements as amended, seconded by Commissioner Neely. The motion to approve passed on a vote of 4-1 with Commissioner Williams voting no. Assistant Community Development Director Taylor summarized the amendments to include; • Allow flexibility in sound wall design by amending Mitigation Measure 4-4.3 to add at the end of the first sentence "subject to agreement of design of affected property owners"; • Add language to allow the Historic Preservation Manager flexibility on paleontological, native American and archaeological monitoring in Conditions 3.8, 3.9 and 3.10; . • Amend. Mitigation Measure 4.2-4 to replace "location" with Junipero Serra/Rancho Viejo Road intersection". • Amend Finding #5 in both of the resolutions to replace language stating all impacts have been mitigated, with language stating a Statement of Overriding Considerations will be prepared for traffic improvements in the cities of Mission Viejo and Laguna Niguel, G. NEW PUBLIC HEARINGS 1. GRADING PLAN MODIFICATION GPM 09-001 ROBINSON RESIDENCE (MODIFICATION TO GPM 05-01; a request to authorize and legalize constructed modifications to a previously approved grading plan which consists of eliminating retaining walls and modifying the height of retaining walls on an existing 0.80 acre lot, generally located 500 feet west of Hillside Terrace, at 27292 Viewpoint Circle (Tract 6381, Lot 23)(APN 650-282-08 (Applicant: Friess Company Builders; Mike Ospring)(Project Manager: David Contreras, Senior Planner). Staff Presentation and Recommendation Senior Planner David Contreras presented requesting approval to legalize modifications approval of Grading Plan Modification 05-01 property totals approximately 0.80 acres in Circle in the RSE 20,000 zone district. M the staff report stating the applicant is currently existing that altered the previous . Mr. Contreras commented the subject area and is located at 27292 Viewpoint r. Contreras commented currently with the City Prosecutor and the applicant proposes to modify -ie property is retaining walls PC Minutes 6 May 26, 2009 near the neighbor on the east property line by tiering the walls, and screening the larger retaining walls with mature native landscaping. Public Comments Ken Friess, 31658 Rancho Viejo Road, Suite D, SJC spoke in support providing a summary history of the project stating a former non -licensed contractor made the unapproved grading modifications, his firm was mired and they first winterized the slopes, all soil has been imported, requests to leave the three large walls and screen with landscaping, Toal Engineering has certified the plans, the biggest issue with the neighbor to the east has been resolved, referred to existing conditions photographs on the overhead projector, and distributed support signatures from all adjacent property owners to the Planning Commission. Mike Ospring, 31658 Rancho Viejo Road, Friess Builders, spoke in support referring to photos on the overhead projector, referred to the east property line revisions including four terraces pushed back to soften the impact, and they met with all adjacent neighbors who support the plan including the Croper's to the east. Dan Stewart, 2753 Camino Capistrano, Suite B-2 San Clemente, is the landscape architect who spoke in support stating they revised the plan consistent with staff and DRC comments, the plan has more natural and not formal planting, all landscaping is native or adapted and drought tolerant, and identified synthetic turf in the middle terrace. Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not limited to: • Aesthetics; • Retaining Wall Heights; • Views of Neighboring Properties; • Grading; • Landscaping. Vice Chair Ratcliffe commented this is her first review of the project, inquired about synthetic turf in the landscape plan, commented she supports the informal layout, and the modifications will reduce impacts on the neighbor. Commissioner Neely ' commented the DRC thoroughly reviewed the project and landscaping, the fundamental design has not changed much, and the revised project improves the previous project. Motion by Commissioner Neely to approve Grading Plan Modification (GPM) 09-01, seconded by Commissioner Kerr. The motion to approved passed on a vote of 5-0. H. OLD BUSINESS NONE PC Minutes 7 May 26, 2009 1. NEW BUSINESS NONE J. COMMISSION 1 STAFF COMMENTS Assistant Community Development Director Taylor summarized land use application actions and upcoming agendas for the Planning Commission, City Council and DRC. Mr. Taylor referring to comments from the May 12, 2009 Planning Commission meeting informed the Commission that the Podocarpus trees at Serra Plaza have been planted without approval and staff will notify the owner to either remove the trees or apply for an Architectural Control Modification. Mr. Taylor also said that no trees at the San Juan Mobile Estates have been removed, however, a tree at an adjacent property was removed without approval and would be notified. Commissioner Kerr commented she would have to recuse herself from the St. Margaret's Episcopal School Master Plan item at the June 4, 2009 DRC meeting, she will be unable to attend the June 9, 2009 Planning Commission meeting and inquired about the status of the Atria San Juan paint colors. Commissioner Tatarian commented he will be unable to attend the July 14, 2009 Planning Commission meeting. Commissioner Neely commented he will be unable to attend the June 18, and July 16, 2009 DRC meetings and the July 14, 2009 Planning Commission meeting. Commissioner Neely commented on the CEQA process regarding project alternatives, findings, Statement of Overriding Considerations, legal nexus and the Nolan and Dolan Case Law. Senior Planner Contreras commented the applicant has begun the Atria painting but has not completed and staff will notify them to finish the job. K. ADJOURNMENT Vice Chair Ratcliffe adjourned the meeting at 8:52 p.m. Approved: a "At'i Grant Taylor, Assistant Community Development Director PC Minutes 8 May 26, 2009