PC Minutes-2009-06-2332400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
A. CALL TO ORDER
June 23, 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 Cohen, Vice Chair Gene
Ratcliffe, Commissioner Tim Neely, Commissioner Ginny Kerr, Commissioner Jim
Mocalis, Commissioner Robert Williams and Commissioner Bruce Tatarian.
COMMISSIONERS ABSENT: None
D. ORAL COMMUNICATIONS
Cameron Grenier, 31645 Rancho Viejo Road, SJC, thanked the Planning Commission
for attending the special meeting on June 10, 2009 at the Forster Mansion for a sound
check for the proposed wedding and special event application. Ms. Grenier commented
the applicant has violated City codes by conducing unauthorized events and stated she
has conducted two (2) additional events including June 17(" and June 20, 2009.
Assistant Community Development Director Taylor stated they had received the
inquiries from Ms. Grenier, had forwarded a request to incident calls to the Sheriff, and
would report back.
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
San Juan Capistrano: Preserving the Past to Enhance the Future
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discussion is desired, that item may be removed from the Consent Calendar and will be
considered separately.
Chair Cohen announced the two consent calendar items would be considered
separately.
1. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 9 2009. Chair
Cohen announced the item and inquired if the Planning Commission had any comments
or corrections. Commissioner Tatarian identified a correction on Page 6, third
paragraph from bottom of page, motion for appeal of sign permit denial. Mr. Tatarian
requested deleting "motion died for lack of a second" and replace with "motion failed on
a vote of 2-Y. Motion by Vice Chair Ratcliffe to approve the June 9, 2009 Planning
Commission Meeting Minutes as amended, seconded by Commissioner Williams. The
motion to approve passed on a vote of 5-0-2 with Commissioners Kerr and Mocalis
abstaining.
2. APPROVAL OF ADJOURNED REGULAR MEETING MINUTES OF JUNE 10
2009. Chair Cohen announced the item and inquired if the Planning Commission had
any comments or corrections. Motion by Commissioner Williams to approve the June
10, 2009 Planning Commission Meeting minutes, seconded by Commissioner Kerr.
The motion to approve passed on a vote of 5-0-2 with Vice Chair Ratcliffe and
Commissioner Mocalis abstaining.
F. CONTINUED PUBLIC HEARINGS
NONE
I. NEW BUSINESS
Pursuant to staff request, Chair Cohen reorganized the agenda to consider New
Business agenda Item #1.
1. FISCAL YEAR 2008-2009 GENERAL PLAN ANNUAL PROGRESS REPORT; a
request by staff for the Planning Commission to receive and file the General Plan
Annual Progress Report and provide any comments to the City Council. (Applicant: City
of San Juan Capistrano)(Project Manager: Grant Taylor, Assistant Community
Development Director).
Staff Presentation and Recommendation
Assistant Community Developer Director Taylor presented the staff report stating
California Government Code Section 65400 mandates that cities submit an annual
report on the status of the General Plan and progress toward its implementation to their
legislative bodies, the Governor's Office of Planning and Research (OPR), and the
Housing and Community Development Department (HCD). In accordance with State
Law the report details the City's progress toward: (1) meeting its share of the Regional
Housing Needs Assessment established by the Southern California Association of
Governments (SCAG); (2) implementing the housing objectives established by the
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General Plan Housing Element; and (3) implementing the objectives of other Elements
of the General Plan. Mr. Taylor briefly reviewed the report and attachments and
thanked Commissioner Tatarian for providing the San Juan Capistrano General Plan
Goals and Policies (Attachment 3.)
Mr. Taylor responding to Commission comments stated Policy 2.2 in Attachment 3 only
identifies single family zoning districts where in reality affordable housing is generally
developed in the RM (Multiple -Family District) zone. The City Council has directed staff
to perform a "mini -update" to the General Plan including amending policies to reflect
current conditions and future goals.
Public Comments
None
Planning Commission Comments and Questions
Commissioner Kerr inquired about Policy 2.2 in Attachment 3 that states "Policy 2.2: To
continue the City's program of allowing the placement of mobile homes, factory built
housing on vacant residential parcels in single family zoning districts".
By general consensus the Planning Commission received and filed the General Plan
Annual Progress Report that will be forwarded to the City Council.
G. NEW PUBLIC HEARINGS
1. CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 06-03, REZONE
(RZ) 06-06, ARCHITECTURAL CONTROL (AC) 07-22, ST. MARGARET'S
EPISCOPAL SCHOOL MASTER PLAN; a request for approval of development plans to
expand an existing K-12 private school campus by 69,977 gross square feet (GSF) from
157,731 to 227,708 GSF and to expand the campus acreage from 17.48 to 26.64 acres
located at 31641 La Novia Avenue, and generally located along the west side of La
Novia Avenue between Calle Arroyo and Rancho Viejo Road and the north side of Calle
Arroyo between La Novia Avenue and Rancho Viejo Road. The master plan also
includes a parcel of the southeast corner of Calle Arroyo and La Novia Avenue, and the
Ortega Equestrian Center property. (APN 666-272-05 thru 08; 666-251-01 thru 05; 666-
261-01 thru 03 & 09 thru 11; 666-232=04; 666-123-01, 02)(Applicant: St. Margaret's
Episcopal School, David Bush, Director of Finance & Operations)(Case Planner: William
Ramsey, AICP, Principal Planner).
Commissioner Kerr recused herself from the item due to a potential conflict of interest
and left the Council Chambers.
Staff Presentation and Recommendation
Principal Planner Bill Ramsey presented the staff report stating the applicant is
requesting approval of the St. Margaret's Episcopal School Master Plan that includes
development plans to expand the existing K-12 private school campus by 69,977
square feet of building area from 157,731 to 227,708 square feet and expanding the
acres from 17.48 to 26.64. The enrollment would remain at 1,194 full time students.
PC Minutes 3 June 23, 2009
Mr. Ramsey made a power point presentation and he summarized the application that
includes a General Plan Amendment, Rezone and Architectural Control. Mr. Ramsey
commented the Master Plan consists of four phases with Phase 2 proposing a new
intermediate School and Performing Arts Building, Phase 3 a second story to the Lower
School, and Phase 4 vacating the Ortega Equestrian Center to provide athletic fields
and develop a 56 -stall parking lot (Ganado) for school and recreation shared use. He
noted that the school embodies a Spanish Colonial Revival architecture, two buildings
at the rear of the Ortega Business Center would be demolished, the Transportation
Commission as well as the Parks, Recreation and Equestrian Commission have
reviewed the project, and, staff recommends that the Planning Commission provide
comments and continue the item to the next regular meeting on July 14, 2009.
Mr. Ramsey responding to Planning Commission comments and questions stated the
following:
• while the main performing arts center building does not exceed a height of 35'-
0", the building has architectural features higher than 35 feet.
• the school owns the Ganado site, the Ganado and Ortega Equestrian facility are
General Plan designated Community Park,
• the stables and Ganado are in Comprehensive Development Plan (CDP) Sector
C which allows athletic fields and equestrian facilities but parking lots must
provide access to recreation uses,
• the fiscal impact analysis is complete,
• some parking will be inaccessible during demolition, and total parking provided
under the master plan is 408 stalls,
• Cook Park is owned by the City and other areas along the creek have various
ownerships,
• a striped crosswalk to Ganado and the athletics fields would provide safe
access,
• Traffic Engineer Alan Oswald will be at the next meeting, and staff will check if
the Ortega Cottage Offices have a shared parking agreement
• the City's Development Advisory Board (DAB) discouraged expansion of the
school into the Ventanas property which is located within the Community
Redevelopment Agency (RDA) planning area
• a Development Agreement is not a condition of approval but a staff
recommendation to the City Council. Ultimately, the applicant would have
discretion as to whether to submit a proposed Development Agreement to the
City.
Public Comments
David Bush, St. Margaret's Episcopal School, 31641 La Novia Avenue, SJC spoke in
support. Mr. Bush distributed copies of his oral presentation (attached) to the Planning
Commission and staff and summarized the 30 year history of the school beginning in
1979. He noted a correction to the agenda report that the Ganado parking lot site is
General Plan -designated Community Park, not Open Space Recreation. Mr. Bush
commented they have three primary areas of concern including: (1) the net fiscal
impact of converting three parcels in the Ortega Village Center from "GC" (General
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Commercial) to "P&I" (Public & Institutional); (2) staff -proposed mitigation related to
Ortega Equestrian Facility relocation; and (3) the proposed trail alignment provisions
under the General Plan Circulation Element. Mr. Bush made references to the City
Development Advisory Board (DAB) Meetings, the David Taussig financial "report,
planning case law, the General Plan, and stated the school would like to pursue a
Development Agreement with the City Council and requested that the Planning
Commission review the Development Agreement prior to City Council consideration.
Mr. Bush responding to Commission questions and comments stated the David Tausig
report identifies an annual loss of $2,903 to the City, maximum number of students is
and will remain 1,194, the school is at or near capacity but usually under capacity with
the number of students, the school will not build unless the financing is acquired first,
the proposed athletic field (on the Ortega Equestrian Center site) is only for practices
between 3-6 pm, students would be escorted by coaches or dropped off by buses, the
cross country team does use City streets, the school does have first right of refusal of
the Ortega Business Center, the school has no other real estate options, school build
out would provide 412 parking stalls, a portion of the Ganado site is occupied by an old,
private water well, and requested the Planning Commission to continue the item until
the City Council can address a Development Agreement which could then be
incorporated into the Commission's review.
Mike McAndrew, 2961 Edinger Avenue, Tustin, Bastien and Associates, the project
architect, summarized the project design, architecture and building heights.
Delores David, 27601 Calle Arroyo, SJC stated that she lives across from the proposed
Ganado parking lot, spoke in opposition, and requested the school provide her with
sound proof windows, secure the parking lot after dark, provide security, and install
landscaping to screen the lot.
Larry Kramer, 28371 Paseo Establo, SJC spoke as a resident and not a Commissioner
commenting on the proposed Ganado parking lot stating he has safety concerns for kids
crossing streets or being dropped off, there should be a crossing guard, and the
proposed parking lot should be a park.
Peter DeForges, Newport Beach, chair of St. Margaret's Facilities Committee, spoke in
support identifying the need for the Ganado parking lot, and the fact that the parking lot
is for staff only and would be subject to a shared agreement with the City for recreation
uses.
David Bush, spoke in rebuttal stating the school has over 400 parking stalls, 200
employees, 70 to 80 students drive, and he has spoken with the City Community
Services Director who supports the Ganado parking lot.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not limited to:
• General Plan Amendment;
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• Rezone;
• Architectural Control;
• Environmental Review;
• Ganado Parking Lot;
• Ortega Equestrian Center;
• Shared Parking Agreements;
• Ortega Business Center;
• Circulation, access and parking;
• Drop-off/pick-up operations.
Commissioner Williams inquired about the height of the proposed buildings, and
commented he has concerns with parking and peak parking demand with events.
Commissioner Neely inquired who owns the Ganado site, and if the Ortega Equestrian
and Ganado site are General Plan designated Community Park. He asked whether the
proposed land uses are permitted under the zoning, and would the Ganado site be
subject to a shared parking agreement with the City. Neely asked if St. Margaret's
Episcopal School would provide joint (public) use for athletic fields, and if the student
cross country team runs along the streets. . Neely stated that the DRC had reviewed
structure's massing from Ortega Highway and noted that the lower school 2nd story
structure is a prominent exposure. He stated that the building's white color is stark,
however the architecture is simple and utilitarian. Neely expressed general agreement
with three of St. Margaret's concerns. Specifically, the City cannot impose a
Development Agreement, the applicant must request such an agreement and staff has
been attempting to help the school address its impacts. He stated that he can support
the application with appropriate mitigations, the fiscal impact of the school expansion is
limited, the multi-purpose trail is outside the project boundaries, and the Ganado
parking lot could be an equestrian staging area. Neely stated that he prefers to see the
Ortega Equestrian Center remain, however recreational fields are a permitted use. He
acknowledged that the Ganado parking lot is not permitted unless it provides parking, at
least in part, for recreation uses. He stated that the parking lot design should be similar
to the Los Rios Park parking lot, and the lot should be secured to protect adjoining
residences. Commissioner Neely commented he would not be able to attend July 14
Planning Commission meeting
Commissioner Mocalis inquired of Mr. Bush if the school has right of first refusal on
purchase of the Ortega Business Center, if the fiscal impact study of the commercial
loss is complete, and commented he is concerned with the scope of the project, and the
size of the school compared to other schools. Mr. Bush stated that the school has no
plans at this time for potential future acquisition of the Ortega Village Center. Ramsey
responded that the fiscal and economic impact report has been submitted, and staff
would provide some comparative statistics on other schools (public & private).
Commissioner Tatarian inquired if the equestrian use by the creek is City owned, and
commented he has concerns with pedestrian safety at Ganado and the equestrian site,
traffic concerns at Ortega Business Center, results of the fiscal impact study, the
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maximum number of students allowed, age distribution of students, student safety at the
future athletic fields, maybe an alternate use for the Ganado site, traffic impacts on
Ortega Highway, and the second -story visual appearance at corner of La Novia and
Calle Arroyo. Ramsey stated that the equestrian use is private and that the
intersections are stop or signal controlled with crosswalks which provide for pedestrian
safety.
Vice Chair Ratcliffe inquired if the business cottages along Calle Arroyo have a shared
parking agreement, and commented the athletic fields, Ganado parking and the
business cottages should all have shared parking agreements with the City. Staff
responded that they would verify whether a shared parking agreement existed with the
Cottage Offices.
Chair Cohen inquired about the loss of parking during construction, total parking
available, is there a need for the Ganado parking lot, if the school has other real estate
options in the area, school build out schedule, confirmed loss of three parcels in Ortega
Business Center, total parking available at build out, figures of student public
transportation use, restrictions on parking in Ortega Business Center, if the Ganado
parking lot would affect the La Novia bridge widening project, and requested staff
provide copies of previous staff reports for St. Margaret's Episcopal School. Mr. Bush
responded to those questions related to St. Margaret's Episcopal School. Ramsey
noted that staff would provide prior reports regarding the school's expansion, where
available.
Motion by Commissioner Tatarian to continue the public hearing to the next regular
Planning Commission meeting on July 14, 2009, seconded by Commission Williams.
The motion to continue passed on a vote of 7-0.
H. OLD BUSINESS
NONE
J. COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor distributed a memo from staff to the
Planning Commission dated June 23, 2009 identifying zoning actions and future items
for the Design Review Committee (DRC), Planning Commission and City Council. Mr.
Taylor reminded the Planning Commission of the Special Joint meeting of the City
Council, Redevelopment Agency, and Planning Commission scheduled for June 30,
2009 at 5pm to review the Mission Inn Mixed Use Hotel/Retail/Residential project. Mr.
Taylor also informed the Commission that the Koll San Juan developer would be
hosting two (2) public work sessions on June 29th and July 1, 2009 with the Spotted Bull
community to review the project and discuss issues and alternatives.
All seven Planning Commissioner's passed on comments.
K. ADJOURNMENT
PC Minutes 7 1June 23, 2009
Chair Cohen adjourned the meeting at 9:18 p.m.
Grant Taylor, Ass
Community Development Director
IED
711 qfq) I
PC Minutes d June 23, 2009