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PC Minutes-2009-10-1332400 PASEO AIDELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanluancaprstrano. org A. CALL TO ORDER October 13, 2009 PLANNING COMMISSION MINUTES REGULAR MEETING 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 Tim Neely, Commissioner Jim Mocalis, Commissioner Bruce Tatarian, and Commissioner Robert Williams. 14 •llll I RRI •l i.'. OW9 A ► He - 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 SEPTEMBER 8. 2009, Chair Cohen announced the item and inquired if the Planning Commission had any comments or corrections. Motion by Commissioner Kerr to approve the September 8, 2009 Planning Commission Meeting Minutes, seconded by Commissioner Williams. The motion to approve passed on a vote of 5-0 with Commissioner Tatarian and Vice Chair Ratcliffe abstaining. San .Tuan Capistrano: Preserving the .Past to Enhance the Future Printed on 100% recycled paper MEMBERS OF THE CITY COUNCIL L - lil[ARPARAPfA SAM ALLEVATO p [STAALISREO I��I LAURAFREESE. THOMAS W. HRIBAR F 1776 ® MARK NIELSEN saga ® S DR. LONDRES USO October 13, 2009 PLANNING COMMISSION MINUTES REGULAR MEETING 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 Tim Neely, Commissioner Jim Mocalis, Commissioner Bruce Tatarian, and Commissioner Robert Williams. 14 •llll I RRI •l i.'. OW9 A ► He - 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 SEPTEMBER 8. 2009, Chair Cohen announced the item and inquired if the Planning Commission had any comments or corrections. Motion by Commissioner Kerr to approve the September 8, 2009 Planning Commission Meeting Minutes, seconded by Commissioner Williams. The motion to approve passed on a vote of 5-0 with Commissioner Tatarian and Vice Chair Ratcliffe abstaining. San .Tuan Capistrano: Preserving the .Past to Enhance the Future Printed on 100% recycled paper 2. APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 22 2009, Chair Cohen announced the item and inquired if the there are any comments or corrections. Assistant Community Development Director Taylor stated at the top of page 2, the title for item G1, has a typographical error that will be corrected. Motion by Vice Chair Ratcliffe to approve the September 22, 2009 Planning Commission Meeting Minutes as amended, seconded by Commissioner Williams. The motion to approve passed on a vote of 6-0 with Commissioner Kerr abstaining. F. CONTINUED PUBLIC HEARINGS 1. CONTINUED 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 at 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; 666-261-1 thru 3 & 9 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). Staff Presentation and Recommendation None. Public Comments None. Planning Commissioner Comments and Questions Chair Cohen announced staff recommended the item be continued to November 10, 2009. Commissioner Kerr announced she would be abstaining and left the Council . Chambers. Motion by Vice Chair Ratcliffe to continue the item to the regular Planning Commission meeting on November 10, 2009, seconded by Commissioner Williams. The motion to continue passed on a vote of 6-0. l�E�i►l y1i;1_� Commissioner Kerr returned to the dias. At the request of staff, Chair Cohen reorganized the agenda to hear item 11 next. 1. WORKSESSION — CONDITIONAL USE PERMIT (CUP) 09-013; a request to develop and maintain a wireless telecommunications facility located at 29932 Camino PC Minutes 2 October 13, 2009 Capistrano, more specifically referred to as APN 650-023-09. (Applicant: T -Mobile, Robert Howell Representative)(Project Manager: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Assistant Community Development Director Grant Taylor presented the staff report stating the applicant is requesting approval to install a faux eucalyptus tree, fifty-five feet (55') in height within an existing eucalyptus grove on City owned property located on the east side of Camino Capistrano just west of the 1-5 Freeway adjacent to the City owned Christmas tree farm south of the Swanner House. The project includes six pieces of ground mounted equipment located behind a block wall enclosure seven feet (7') in height. The equipment area is located at an elevation eight feet to ten feet below the adjacent grades of the 1-5 Freeway and Camino Capistrano. The purpose of the work session is for the Planning Commission to consider the appropriateness of a faux tree and the height of the cellular antenna structure. Staff recommends that the Planning Commission support the proposed 55' tall faux eucalyptus tree in concept, provide comments and refer to the Design Review Committee for review and recommendation. The DRC comments would be returned to the Planning Commission for consideration at a future public hearing. Assistant Community Development Director Taylor responding to Commissioner comments and questions stated two (2) eucalyptus trees would be removed, a couple other faux trees have .been approved but he is not aware of any being constructed to date, a condition of approval could be added that if the existing eucalyptus trees die or decline in health the applicant can replace the trees or provide a different cellular structure, and the 1996 Federal Communications Act limits local agencies authority to regulate cell sites. Public Comments Dean Brown, consultant for T -Mobile spoke in support of the project. Mr. Brown responding to Planning Commissioner comments and questions stated this site is desired due to a gap in coverage, faux eucalyptus trees have been used at other locations but not near San Juan Capistrano, the facility is not intended for collocation, the location is not only for coverage but capacity and to pick up dropped calls, and the locations on Rancho Viejo Road by Junipero Serra Road are not their facilities. Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not be limited to: • Aesthetics, • Reception radius; • Appropriateness of a faux eucalyptus tree; • Appropriateness of proposed 55' height; • Code Requirements. PC Minutes 3 October 13, 2009 Commissioner Kerr inquired if any trees would be removed, where is the closest existing T -Mobile facility to this site, and if technology improvement in the future will reduce the number of cellular facility locations. Commissioner Kerr stated she is concerned with the growing number of cell sites, the applicant needs to provide a sample of the faux eucalyptus foliage, materials and colors, collocation is encouraged, concerned with a cell structure not representing the historic character of the area and San Juan Capistrano, and she is concerned with the property location proximity to the historic Swanner House. Vice Chair Ratcliffe inquired about faux eucalyptus trees in other jurisdictions, and commented she would like to see specifications and material samples of the proposed faux tree, a condition should be added regarding replacement of the existing live eucalyptus trees if they should die, maybe pursue a non -tree cellular antenna structure, and collocation is necessary. Commissioner Tatarian commented he is concerned with maintenance and preservation of the existing live eucalyptus trees to screen the faux tree and that a condition to maintain and/or replace dead trees should be implemented. Commissioner Neely inquired if the proposed faux tree had collocation capability, and commented that he is concerned with the longevity of the existing eucalyptus grove, eucalyptus trees are invasive not native, the area is a habitat corridor, would like the City to develop a long term plan for antennas, encourages collocation, and would like to see material samples. Commissioner Mocalis commented he would like to see a photo of the tree up close and also material and color samples. Commissioner Williams commented the number of cell sites is a concern and prefers an alternate design like a faux windmill or water tower. Chair Cohen commented about two cellular locations along Rancho Viejo Road, inquired if the City has any faux trees installed, concurs with his colleagues comments, he has yet to support a faux tree, the need for cell sites is exceeding technology, there is another site within one --half mile, recommends the applicant attempt collocation, and recommends an alternative cellular structure. Motion by Commissioner Neely to refer the item to the DRC, provide photos and material and color samples of the faux tree, and also provide the DRC with an alternate antenna structure to consider, seconded by Commissioner Kerr. The motion to refer to the DRC passed on a vote of 7-0. G. NEW PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT GPA 09-01 & REZONE (RZ) 09-02; in conjunction with annexation of the 132 -acre Rancho Mission Viejo property, a request to amend the General Plan Land Use Map to designate the subject property General Open PC Minutes 4 October 13, 2009 Space and amend the official Zoning Map by establishing three (3) zoning designations in four (4) planning areas to include 1) General Open Space (GOS); 2) Natural Open Space (NOS); and 3) Open Space Recreation (OSR). (APN 125-172-07&125-172- 17)(Appiicant: City of San Juan Capistrano)(Project Planner: Grant Taylor, Assistant Community Development Director). Staff Presentation and Recommendation Assistant Community Development Director Grant Taylor presented the staff report stating the City of San Juan Capistrano has entered into a Purchase and Sale Agreement (PSA) with Rancho Mission Viejo to purchase one hundred thirty-two (132) acres of property currently outside the City limits located south of Ortega Highway, north of San Juan Hills High School, west of La Pata Avenue and east of the current City limits. The City has submitted an annexation application to the Local Agency Formation Commission (LAFCO) to annex the property into the City and expand the General Plant Sphere of Influence consistent with the annexation boundaries. The purpose of the annexation is to maintain and preserve the existing equestrian, park, recreation, and open space uses and no development or intensification of land uses is proposed. The application proposes to amend the General Plan Land Use Map to designate the property General Open Space and amend the official zoning map by establishing three (3) zoning designations in four (4) planning areas consistent with the GOS General Plan designations to include General Open Space, Natural Open Space and Open Space Recreation. The property is to be acquired with proceeds of bonds issued by voter approval of Measure Y in November 2008, Mr. Taylor referred to aerial, general plan and zoning maps on the overhead projector identifying the four (4) proposed planning areas and the recommended designations to include: Area 1: Designate General Open Space (GOS) consisting of 18.4 acres located south of Ortega Highway and north of San Juan creek which includes a four acre citrus orchard, residence, and accessory structures. Area 2: Designate Natural Open Space (NOS) consisting of 17.1 acres within San Juan Creek. Area 3: Designate Open Space Recreation (OSR) consisting of 70.6 acres comprising equestrian facilities, soccer fields, and active recreation areas. Area 4: Designate Natural Open Space (NOS) consisting of 11.6 acres the long narrow stem with undeveloped areas and slopes that are deed restricted under the power lines. Mr. Taylor stated the GPA and RZ are exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to: 1) General Rule, Section 15061(b)(3); 2) Class 13 — Acquisition of Lands for Wildlife Conservation Purposes; 3) Class 16 — Transfer of Ownership of Land in Order to Create Parks; 4) Class 19 — Annexations of Existing Facilities and Lots for Exempt Facilities; PC Minutes 5 October 13, 2009 5) Class 25 — Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions, Mr. Taylor stated that staff recommends the Planning Commission 1) recommend the City Council adopt the Notice of Exemption; 2) adopt the attached resolution recommending City Council approval of GPA 09-01; 3) adopt the attached resolution recommending City Council approval of RZ 09-01. Assistant Community Development Director Taylor responding to Planning Commissioner comments and questions stated staff recommends the NOS zoning designation for the creek and La Pata Open space areas as it is the most restrictive open space zone that does not allow commercial uses, the PSA is not Planning Commission purview and is not on the agenda, and read CEQA general rule 15061(13)(3) verbatim from the 2009 CEQ Guidelines. Community Development Director Steven Apple commented the PSA is not Planning Commission purview and not on the agenda, the 77,000 property tax is annual, the most restrictive provision between zoning and PSA prevails, and he cannot comment on current leases. Public Comments Clint Worthington, 26193 Via Corrizo, SJC spoke in opposition and provided a handout to the Planning Commission. Stated the project is not exempt from CEQA, there is Chevron MTBE contamination, recommends soil testing on-site, Rancho Mission Viejo has not cleaned contaminated soil and they should do so prior to sale. Ilse Byrnes, 30500 Hilltop Way, SJC spoke in support of the project and equestrian facility. .Jill Hanna, 26861 Canyon Crest, SJC spoke in support of the open space, polo grounds, and the project. Kim Lefner, 31182 Harmony Hall spoke in opposition, referred to a 16 page letter submitted by Lennie Decaro, and commented the project is not exempt from CEQA, the lemon grove soil is contaminated, Ortega Highway is designated a Scenic Highway, a commercial equestrian facility could be added, the location is historical and should be subject to CEQA and Cultural Heritage Commission review, the property is not in San Juan Capistrano contrary to Measure Y, LAFCO support is not in writing, and the GPA should be performed after annexation. Kathleen Brannon, 28141 Via Rueda, SJC spoke in opposition commenting the lemon grove is contaminated with fuel waste, arsenic and fuel and is close to San Juan Creek. Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not be limited to: State Land Use Law PC Minutes 6 October 13, 2009 • Findings to support the GPA and RZ; • Environmental Review; • Municipal Code Requirements. Commissioner Tatarian inquired why staff recommended NOS rather than GOS for the creek, what are the zoning designations for other City creeks, is the $77,000 property tax annual, and what if deed restrictions are more restrictive than zoning permitted uses. Commissioner Tatarian commented the project is a great opportunity for the City, its important to protect public safety and he supports. Commissioner Mocalis inquired about specifics in the PSA and commented he is delighted with the opportunity presented to the City, open space and equestrian uses slow urbanization, staff has addressed CEQA concerns, and he supports. Vice Chair Ratcliffe inquired if existing business leases would be honored and if existing businesses would be allowed under proposed zoning designations. Vice Chair Ratcliffe commented she appreciates public comments, the PSA is not a Planning Commission purview, she is satisfied with the proposed zoning designations, and she supports. Commissioner Neely commented he concurs with his colleagues comments, he is satisfied with the CEQA review, and he supports. Commissioner Kerr commented she is comfortable with the CEQA recommendation and she supports. Commissioner Williams commented the property could have been developed, he is satisfied with the proposed open space designations, and he supports. Chair Cohen inquired what CEQA general rule 15061(b)(3) says, and commented the PSA is not Planning Commission purview, staff presentation was excellent, he is satisfied with the CEQA analysis, and he supports. Motion by Commissioner Neely to recommend City Council adopt the CEQA Notice of Exemption, and that the Commission adopt the two (2) attached resolutions recommending that the City Council approve the General Plan Amendment and Rezone pursuant to staff recommendation, seconded by Commissioner Mocalis. The motion to approve passed on a vote of 7-0. H. OLD BUSINESS J. COMMISSION t STAFF COMMENTS Assistant Community Development Director Taylor provided a memo dated October 13, 2009 summarizing upcoming zoning and planning applications to the Design Review Committee (DRC), Planning Commission, and City Council. PC Minutes r October 13, 2009 Vice Chair Ratcliffe inquired about the Habitat for Humanity project on Calle Rolando stating there was a proposal to amend the landscaping by adding Coast Live Oaks, the applicant did not want to pursue formal review, and inquired if staff has discretion to provide administrative approval. Commissioner Neely commented he walked through Los Rios Park and stated it was a great facility but had several comments to include: 1) Driveway is blackening from maybe too much binder and the decomposed granite looks more like asphalt; 2) Water ponding by a drain inlet; 3) Picnic areas by the dry creek the trees are spaced too closely; 4) Giant cactus is yellow maybe declining health. Commissioner Williams inquired about the status of the Alipaz Mobile Home Park tree replant project. Chair Cohen inquired about painted street medians on westbound Ortega Highway, east of Rancho Viejo Road, at the driveways of the law center and Tannin's center. Assistant Community Development Director Taylor responding to Planning Commission comments stated Habitat for Humanity proposed the oak trees, staff requested a plan which was never submitted, and staff does have the authority to administratively approve or refer to the DRC. Mr. Taylor commented he would forward the Los Rios Park comments to the project manager's and email the Planning Commission their responses. Mr. Taylor said the Alipaz Mobilehome Park replant plan has been approved but the applicant has not moved forward with the project. Mr. Taylor also stated he spoke with City Traffic Engineer Alan Oswald regarding the painted street medians on westbound Ortega Highway by the Tannin Center driveways. Mr. Oswald said the City inquired to Caltrans about the medians, Caltrans wants to retain the medians, the Sheriff Department asked Caltrans to install physical medians (i.e. flexible bollards, bots dots, etc.) and Caltrans declined physical barriers but intends to retain the existing painted street medians. K. ADJOURNMENT y Chair Cohen adjourned the meeting at 7:53 p,m. Approved: Grant Taylor, Assistant Community Development Director PC Minutes 8 October 13, 2009