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PC Minutes-2008-02-2632400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAx www.sanjuancapistraiio.org CALL TO ORDER �I ® MEMBERS OF THE CITY COUNCIL SAM ALLEVATO n[RRpRARiER THOMAS W. HRIBAR ESTRRLISRER ! I961 MARK NIELSEN 1776 JOE SOTO ® • DR. LONDRES USO 0 MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, FEBRUARY 26, 2008 The meeting of the Planning Commission was called to order by Chairman Cardoza at 7:02 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Robert Cardoza, Chairman Sheldon Cohen, Vice Chairman Ginny Kerr Gene Ratcliffe Commissioners Absent: Tim Neely Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; David Contreras, Senior Planner; Bill Ramsey, Principal Planner; Lynnette Lehmann, Senior Management Analyst; Alan Oswald, Transportation Engineer; Sam Shoucair, Senior Engineer, Bill Darnell, City Engineer; Douglas Dumhart, Economic Development Manager; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None. 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. San Juan Capistrano: Preserving the Past to Enhance the Future n i) Printed on 100% recycled paper PC Meeting Minutes 2 February 26, 2008 APPROVAL OF PLANNING COMMISSION MINUTES OF JANUARY 22 "M Vice Chairman Cohen moved approval of Planning Commission Minutes of January 22, 2008 as submitted, seconded by Commissioner Ratcliffe. The motion passed by a vote of 4-0. NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 08-008, BONITA PARK: AN APPLICATION TO REMOVE 2 (TWO) RED IRON BARK EUCALYPTUS TREES LOCATED WITHIN BONITA PARK. THE SUBJECT TREES ARE LOCATED AT THE SOUTH PORTION OF THE PARK, SPECIFICALLY AT THE CORNER OF VIA DEL REY AND AVENIDA OLIVERA AND GENERALLY LOCATED 800 FEET SOUTH OF CAMINO DEL AVION (APPLICANT: CITY OF SAN JUAN CAPISTRANO). Written Communications February 26, 2008 Applicant City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Contreras presented the staff report and recommended that the Planning Commission adopt a resolution approving a permit for the removal of 2 (two) Red Iron Bark Eucalyptus trees located within Bonita Park, based on the findings required by Section 9-2.349 of the Land Use Code. Public Comments Chris Serabia, 32941 Avenida Olivera, asked that all trees be removed due to safety concerns. Tom Hartman, 25962 Via del Rey, asked that all trees be removed due to safety concerns. Commission Questions and Comments Vice Chairman Cohen asked if staff looked at the other trees. Mr. Contreras said that staff has identified a total of 7 (seven) trees to be brought to the Planning Commission, and the 2 (two) trees with breakage need to be removed as soon as possible. Vice Chairman Cohen suggested that all seven trees be removed. PC Meeting Minutes 3 February 26, 2008 Vice Chairman Cohen moved to adopt Resolution 08-2-26-1 approving Tree Removal Permit (TRP) 08-008, Bonita Park to remove 7 (seven) Red Iron Bark Eucalyptus trees located within Bonita Park and to be replaced with an appropriate species to be determined. (City of San Juan Capistrano), seconded by Commissioner Ratcliffe. The motion passed by a vote of 4-0. 2. CONSIDERATION OF DRAFT 2008 HOUSING ELEMENT UPDATE: STATE MANDATED REVIEW OF GENERAL PLAN HOUSING ELEMENT. Written Communications February 26, 2008 Applicant City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Staff presentation & recommendation Ms. Lehmann presented the staff report and recommended that the Planning Commission provide comments and input regarding the draft Housing Element update and forward the draft document to the City Council for comments. Michael McLaughlin, consultant with SourcePoint, said that the Housing Element of the General Plan is to be reviewed by the State Department of Housing and Community Development (HCD) and approved by City Council. Commissioner Questions and Comments Vice Chairman Cohen asked if there is anything binding on the City to meet housing needs. Mr. McLaughlin said no. Commissioner Kerr asked if the final draft would be brought up to date with current information. Mr. McLaughlin said that available up-to-date income information would be used. Commissioner Kerr asked if State law overrides any HOA provision on accessory units, per page 141. Mr. Retterer said he could check to see if the State law would preempt an HOA from limiting the ability to construct an accessory unit. Public Comments Phil Schwartze, 31872 San Juan Creek Circle, provided copies to the dais of a letter sent 2/13/08 regarding the Villa Montana project. He asked if the only residential units constructed since January 2006 were above -moderate income units. Mr. Schwartze stated that they were not requesting any financial incentives from the City, and he asked for a summary of how the City's in -lieu fees have been expended. He pointed out that the Villa Montana apartment homes are not being processed under the City's affordable family senior housing district, and clarified that their site contains ten acres, not four acres. PC Meeting Minutes 4 February 26, 2008 Laura Freese, 26332 Paseo Toscana, asked Commissioners to carefully read the parts of the document that apply to San Juan Capistrano, referred to page 138, and asked that in -lieu fees be increased. Bill O'Connell, Executive Director of Colette's Children's Home, an organization that serves homeless women and children throughout Orange County, 17301 Beach Blvd. #23, Huntington Beach, said there are increasing requests from homeless women for housing for themselves and their children. Rosanne Kotzer, 25598 Paseo La Vista, Manager for the Kennedy Commission very -low income housing. Laguna Niguel, Education and Outreach in Irvine, asked for additional low- and Commissioner Questions and Comments Vice Chairman Cohen asked if the item will come back to the Planning Commission for further review, clarification, and comment. Mr. Taylor said that once City Council makes their comments, it will be forwarded to HAC, and then item would return to the Planning Commission for formal public hearings. Vice Chairman Cohen and Chairman Cardoza said that Ms. Lehmann has done a fine job and she will be sorely missed. Motion Vice Chairman Cohen moved to forward consideration of the draft Housing Element update to the City Council for comments. The motion was seconded by Commissioner Ratcliffe and passed by a vote of 4-0. OLD BUSINESS None PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 06-17, REZONE (RZ) 06-06 GRADING PLAN MODIFICATION (GPM) 07- 09, TREE REMOVAL PERMIT (TRP) 07-04 AND TENTATIVE PARCEL MAP (TPM) 2007-226, CENTRA POINTE: AN APPLICATION TO APPROVE AN OFFICE PARK CONSISTING OF 35,874 SQ. FEET IN THREE BUILDINGS, LOCATED ON THE NORTHWEST CORNER OF RANCHO VIEJO ROAD AND GOLF CLUB DRIVE (APNS: 650-592-01 & 02) ( APPLICANT: CITY OF SAN JUAN CAPISTRANO/CENTRAL REALTY CORP.) CONTINUED FROM THE MEETING OF FEBRUARY 12, 2008 Written Communications February 26, 2008 PC Meeting Minutes 5 February 26, 2008 Applicant Steve Sandland, Centra Realty Corporation, 3 Park Plaza, Suite 1490, Irvine, CA 92614. Owner City of San Juan Capistrano, Contact Douglas Dumhart. Architect Tom Myers, Ware Malcomb, 10 Edelman, Irvine, CA 92618. Staff presentation & recommendation Mr. Ramsey presented the staff report and recommended that the Planning Commission adopt resolutions certifying the Final EIR, approving AC 06-17, GPM 07-09, and TRP 07-04, and recommending City Council approval of RZ 06- 06. Commissioner Questions and Comments Vice Chairman Cohen asked about resident concerns regarding the lack of a deceleration lane southbound on Rancho Viejo and placement of the left turn pocket turning into the upper level of the project. Mr. Oswald said the upper driveway left turn lane will allow left turns into the site but will not allow left turns out of the site. Regarding the southbound right turn lane, because of low traffic volumes, right turns can be handled from the existing number two through -lane. Vice Chairman Cohen asked if there is an analysis of fair share fees from developers for various intersection improvements. Mr. Oswald said that non- specific funds are collected to be used where the City feels it's necessary. Fees for improvements not in the CUP are for J. Serra and 1-5 northbound ramps; Ortega Highway and Rancho Viejo Road. Public Hearing Michael J. Kelly 36 Plaza Caloroso, spoke in favor of the project, but voiced concern regarding increased traffic at Rancho Viejo Road and J Serra, and asked for street improvements prior to site development. Yvonne Tschaikowsky, 27367 Paseo Placentia, read from and provided copies to the dais of a letter from Robert King of Save Our San Juan in opposition to the project, asking that 'if the project is approved, that traffic mitigations be made prior to site development at Rancho Viejo Road and the 1-5. Christine Speed, 42 Plaza Vivienda, asked for a turnout into the Centra project on Rancho Viejo Road and asked for setbacks of at least 20 feet. Motion Commissioner Kerr moved to adopt Resolution 08-2-26-2 certifying the Final Environmental Impact Report for the Centra Pointe Office Park (City of San Juan PC Meeting Minutes 6 February 26, 2008 Capistrano/Centra Realty), seconded by Vice Chairman Cohen. The motion passed by a vote of 4-0. Motion Chairman Cardoza moved to adopt Resolution 08-2-26-3 approving Centra Pointe Office Park Architectural Control 06-17, Grading Plan Modification 07-09, Tree Removal Permit 07-04 (City of San Juan Capistrano/Centra Realty Corporation), seconded by Commissioner Kerr. The motion passed by a vote of 3-1, with Vice Chairman Cohen opposed. Motion Chairman Cardoza moved to adopt Resolution 08-2-26-4 recommending to the City Council the approval of Rezone 06-06 and Tentative parcel Map 2007-226 for Centra Pointe Office Park (City of San Juan Capistrano/Centra Realty Corporation), seconded by Commissioner Kerr. The motion passed by a vote of 4-0. Chairman Cardoza called for a recess at 9:30 p.m. and reconvened the meeting at 9:45 p.m. 2. VENTANAS BUSINESS CENTER: Architectural Control (AC) 07-001, Tentative Parcel Map (TPM) 07-002, Grading Plan Modification (GPM) 07-008, Parking Exception, Tree Removal Permit, Floodplain Land Use Permit, Lot Line Adjustment/Easement, Public Right -of -Way Vacation, License Agreement, Shared/Joint Use Parking Agreement, Formation of Community Facilities District and Environmental Impact Report (EIR), a request for approval to develop an industrial park consisting of eleven (11) multi -tenant industrial buildings, two - stories in height, with a total of approximately 236,329 square feet of building area on an irregular shaped parcel totaling 20.33 gross acres (13.83 net acres) located at the west terminus of Calle Arroyo bordering Interstate 1-5 to the west and San Juan Creek to the south. (Applicant: Centra Realty — Stephen Sandland)(Project Manager: Grant Taylor, Assistant Planning Director). CONTINUED FROM THE MEETING OF January 22, 2008. Written Communications February 26, 2008 Applicant Steve Sandland, Centra Realty Corporation, 3 Park Plaza, Suite 1490, Irvine, CA 92614. Engineer Hunsaker & Associates, Mabel Garcia & Bill Harris, Three Hughes, Irvine, CA 92618 Architect PC Meeting Minutes 7 February 26, 2008 Ware Malcomb Architects, Andrew Zertuche & Tom Myers, 10 Edelman, Irvine, CA 92618 Staff presentation & recommendation Mr. Taylor presented the staff report and recommended that the Planning Commission review the proposed project, zoning entitlement applications, and environmental review, provide comments and inquiries, and continue the public hearing to the next regularly scheduled Planning Commission meeting on March 11, 2008. Commissioner Questions and Comments Vice Chairman Cohen asked if there would be a revocable license agreement with the applicant in case the City ever wanted to convert the land to pure open space recreation and then a parking lot. Mr. Dumhart said that the license agreement under consideration is for Parcel 2, the City's land, not the entire Sector C. Mr. Taylor said that the license agreements for the City -owned property would be a shared joint use parking agreement allowing public access and parking on a section of Sector C, which is two rows or parking parallel to the creek. Vice Chairman Cohen asked for clarification of the traffic impact analysis mitigation. Mr. Oswald said the roadway improvements finalized by the J. Serra High School project have already been constructed. Public Hearing Patrick O'Brien, 31111 Via Madera, spoke in opposition to the project due to concerns regarding increased traffic and density. Ilse Byrnes, 30500 Hilltop Way, voiced concern regarding the equestrian and bike trail connections as a multi-purpose trail. Helen Welch Reardon, 28261 Via Rueda, spoke in opposition to the project due to concerns regarding maintaining the character of San Juan and maintaining open space. Kim Lefner, 31182 Harmony Hall, spoke in opposition to the project due to concerns regarding increased traffic and density. Tom Costello, 32190 Via Barrida, spoke in opposition to the project due to concerns regarding maintaining open space. Lennie DeCaro, 30987 Steeple Chase spoke in opposition to the project due to concerns regarding increased traffic and density. Yvonne Tschaikowsky, 27367 Paseo Placentia, voiced concern regarding the equestrian and bike trail connections as a multi-purpose trail. PC Meeting Minutes 8 February 26, 2008 Eric Altman, 102 Lattice,. Irvine, spoke in favor of the project due to increased business opportunities. Trevor T. Dale, 27781 Camino La Ronda, spoke in opposition to the project due to concerns regarding increased traffic and density. Commissioner Questions and Comments Chairman Cardoza asked for clarification of the EIR analysis. Mr. Keaton Kreitzer, Consultant, preparer of the EIR, said that the City has jurisdiction over the trail, and that no portion of the sheet piles would be above the existing grade along the channel and would not be visible. Mr. Bill Darnell said that both the Calle Arroyo and La Novia / San Juan Creek Road intersections were included in the analysis and there is no proposal for widening. Chairman Cardoza asked for clarification of deed restrictions or CC&Rs legally binding to limit utilization of the condos. Mr. Retterer said the logical place for a use restriction would probably be in the recorded CC&Rs, and that the existing zoning code requirements are in essence the deed restrictions that limit the uses. Mr. Taylor said that the CDP and the zoning uses in the industrial park zone identify permitted uses. Mr. Kreitzer said a series of view simulations were incorporated in the document. Mr. Taylor said the public is welcome to review the files. Chairman Cardoza asked that color alternatives be brought to the next meeting for consideration. Motion Vice Chairman Cohen moved to continue the item to the March 11, 2008 Planning Commission meeting, seconded by Commissioner Ratcliffe. The motion passed by a vote of 4-0. COMMISSION/STAFF COMMENTS Commissioner Kerr asked for the status of Toyota alternatives. Mr. Taylor said that he and Mr. Contreras would set up a meeting with Toyota representatives to discuss options, especially blowers versus non blowers. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 11:47 p.m. PC Meeting Minutes February 26, 2008 The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, March 11, 2008 at 7:00 p.m. in the City Council Chambers. Approved: "'& A- v� S even A. AppIC/, AICP Planning Director