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PC Minutes-2008-04-0832400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapisti-ano.org CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, APRIL 8, 2008 The meeting of the Planning Commission was called to order by Chair Cardoza at 7:03 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Commissioners Absent Robert Cardoza, Chair Sheldon Cohen, Vice Chair Ginny Kerr Gene Ratcliffe Tim Neely (excused) Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; Alan Oswald, Senior Engineer -Traffic; Nick Taylor, Planning Technician; 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 0 Printed on 100% recycled paper MEMBERS OF THE CITY COUNCIL J��' L['■ L_ IACO METED SAM ALLEVATO THOMAS W. HRIBAR ESTRRLISHED I I96I MARK NIELSEN 1776 JOESOTO ® ® ® Pogo 1 DR. LONDRES USO MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, APRIL 8, 2008 The meeting of the Planning Commission was called to order by Chair Cardoza at 7:03 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Commissioners Absent Robert Cardoza, Chair Sheldon Cohen, Vice Chair Ginny Kerr Gene Ratcliffe Tim Neely (excused) Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; Alan Oswald, Senior Engineer -Traffic; Nick Taylor, Planning Technician; 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 0 Printed on 100% recycled paper PC Meeting Minutes 2 April 6, 2008 1. APPROVAL OF PLANNING COMMISSION MINUTES OF MARCH 11 2008. Commissioner Kerr moved approval of Planning Commission Minutes of March 11, 2008 as submitted, seconded by Vice Chair Cohen. The motion passed by a vote of 4- 0. REORGANIZATION (Elect Chair /Vice Chair and appoint DRC Members) Chair Cardoza nominated Sheldon Cohen as Chair, seconded by. Commissioner Ratcliffe. The nomination was approved by a vote of 4-0. Commissioner Cardoza nominated Gene Ratcliffe as Vice -Chair, seconded by Commissioner Kerr. The nomination was approved by a vote of 4-0. Vice Chair Ratcliffe nominated Tim Neely as DRC Member, seconded by Commissioner Kerr. The nomination was approved by a vote of 4-0. Commissioner Kerr nominated Robert Cardoza as DRC Member, seconded by Vice Chair Ratcliffe. The nomination was approved by a vote of 4-0. Vice Chair Ratcliffe nominated Ginny Kerr as DRC Alternate, seconded by Commissioner Cardoza. The nomination was approved by a vote of 4-0. Commissioner Kerr nominated Gene Ratcliffe as Housing Advisory Committee Member, seconded by Commissioner Cardoza. The nomination was approved by a vote of 4-0. PUBLIC HEARINGS Chair Cohen said that a request had been made to continue Item G-2 and recused himself since his firm represents the applicant. 2. CONTINUED CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 0) 7-13, TOYOTA OF SAN JUAN CAPISTRANO; A REQUEST TO CONSTRUCT A COVERED CARWASH BAY AT THE REAR OF THE EXISTING SALES OFFICE BUILDING AT TOYOTA OF SAN JUAN CAPISTRANO AUTO DEALERSHIP LOCATED AT 33395 CAMINO CAPISTRANO, GENERALLY LOCATED 960 FEET NORTH OF STONEHILL DRIVE (APN 121-240-75) (APPLICANT: TOYOTA OF SAN JUAN CAPISTRANO). Written Communications April 8, 2008 Applicant Jennifer Raner, 610 Newport Center Drive, Suite 840, Newport Beach, CA 92660 Property Owner Mike Kahn, 610 Newport Center Drive, Suite 840, Newport Beach, CA 92660 PC Meeting Minutes 3 April 6, 2008 Staff presentation & recommendation Mr. Taylor presented the staff report, recommended that the Planning Commission continue the public meeting to May 13, 2008, and said that a letter received from a resident would be attached to the May 13, 2008 staff report. Motion Commissioner Cardoza moved to continue the public meeting to May 13, 2008, seconded by Commissioner Kerr. The motion passed by a vote of 3-0-1, with Chair Cohen recused. 1. VENTANAS INDUSTRIAL PARK: 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 — Steven Sandland) Written Communications April 8, 2008 Applicant Centra Realty, Stephen Sandland, 3 Park Plaza, Suite 1490, Irvine, CA 92614 Engineer Hunsaker & Associates, Mabel Garcia & Bill Harris, Three Hughes, Irvine, CA 92618 Architect 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 conduct the continued public hearing, accept public oral and written testimony and approve the project pursuant to the following actions: 1) Adopt a resolution certifying the Final Environmental Impact Report; 2) Adopt a resolution approving Planning Commission entitlements to include Architectural Control, Parking Exception, Grading Plan Modification, and Tree Removal Permit; PC Meeting Minutes 4 April 6, 2008 3) Adopt a resolution recommending City Council approval of zoning entitlements to include Tentative Parcel Map, Floodplain Land Use Permit, Lot Line Adjustment/Easement, Public Right -of -Way Vacation, License Agreement, Shared/Joint Use Parking Agreement, and Community Facilities District. Chair Cohen requested that Commissioners take time to review the written communications placed on the dais prior to the meeting. Commissioner Questions and Comments Vice Chair Ratcliffe asked if this project was already discussed as part of the CIP that we are waiting for Caltrans to give the go-ahead on the park and ride. Mr. Oswald said that 74 d and g are the Rancho Viejo Road Capital Improvement Projects previously discussed. Commissioner Cardoza and Chair Cohen voiced concern regarding Ortega/1-5 on- and off -ramp interim improvement requirements that would be imposed on this developer prior to the Caltrans interchange construction. Mr. Oswald said that he expected Caltrans interchange construction in 2011, with completion in late 2012 or early 2013, and that there would be a year -and -a -half gap between the developer's construction and the Caltrans construction. Chair Cohen asked if the inclusion of the traffic analysis on the Valle Road offramp would create recirculation issues in connection with the EIR. Mr. Retterer said if mitigation is identified that would reduce the impact, the EIR does not have to be recirculated. Public Hearing Applicant Steve Sandland, 3 Park Plaza, Suite 1490, Irvine, provided a PowerPoint presentation to address some of the issues that arose during the last public hearing on this project, and said the applicant has revised the site plan to address staff and commission comments. Commissioner Questions and Comments Chair Cohen asked for clarification of the 1979 CDP site plan that discussed shared use of parking in Sector C. Mr. Taylor said that in the CDP 78-01, Ortega Planned Community, Sector C calls for open space for facilities that provide public benefit, and the proposed multi-purpose trail is identified as a permitted use. Public Hearinq Christopher King, 31301 Via Cuartel, spoke in opposition to the project due to environmental concerns. Laura Freese, 26332 Paseo Toscana, spoke in opposition to the project, and asked that the project be reduced by 36 percent. PC Meetinq Minutes 5 April 6, 2008 Phil Schwartze, 31872 San Juan Creek Road, spoke in support of the project and said that continued growth was the intent of the Ortega Planned Community Development plan adopted in 1979. Kim Lefner, 31182 Harmony Hall, spoke in opposition to the project due to increased traffic and decreased open space, and said that other RDA projects will meet RDA revenue objectives. Yvonne Tschaikowsky, 27367 Paseo Placentia, spoke in opposition to the project due to increased density. Kim McCarthy, 27592 Silver Creek Drive, spoke in opposition to the project due to increased traffic. Helen Welch Reardon, 28261 Via Rueda, spoke in opposition to the project due to increased traffic, and said that control will be lost when the property is sold. Trevor Dale, 27781 Camino La Ronda, spoke in opposition to the project, due to increased density, and in support of a 36 percent reduction. Shelagh Hegarty, 27122-B Via Chiquero, spoke in opposition to the project and in support of a 36 percent reduction. Lenny DeCaro, Steeplechase Drive, spoke in opposition to the project due to increased traffic. Mr. Sandland said this project would contribute about $750,000 to RDA funds per year, which will improve the roads, that residents of San Juan Capistrano are developing the project, and that the site plan is based on functionality. Chair Cohen called for a recess at 8:32 p.m. and reconvened the meeting at 8:43 p.m. Commissioner Questions and Comments Commissioner Cardoza asked for clarification of the 36 percent reduction. Mr. Kreitzer, author of the EIR, said that elimination of the three buildings along the 1-5 freeway amounted to a 36 percent reduction. Chair Cohen said Ms. Tschaikowsky passed a note to the dais stating that the RDA sunsets in 2026, repayment of RDA bonds goes to 2036. Chair Cohen asked if the applicant felt that the alternative design of 36 percent reduction was economically feasible. Mr. Kreitzer said the 36 percent reduced intensity alternative was rejected because it doesn't achieve all of the project objectives and does not maximize the financial benefit to the City. PC Meetinq Minutes 6 April 6, 2008 Vice Chair Ratcliffe voiced concern regarding the visual impacts of Building 11 and night lighting, and said it is difficult to predict how the interim temporary road improvements would work. Commissioner Kerr said the equestrian trail should be closer to the parking lot and the bicycle trail should be closer to the creek area, and said she is concerned about Buildings 9, 10, and 11 and the view from the freeway heading north. She suggested that Buildings 9, 10, and 11 be one-story, and voiced concern for the safety of senior citizens and physically and mentally challenged young adults who walk along Calle Arroyo. Commissioner Cardoza suggested a fenced equestrian trail next to the creek area, planting new trees rather than relocating trees, and DRC review of the trail, architecture, and landscaping. Chair Cohen said prior planners felt that this should be an industrial area. He voiced concern regarding the view corridor and open space. Commissioner Cardoza asked what improvements are required prior to issuance of a Certificate of Occupancy. Mr. Oswald said Condition 74 improvements (mitigation requirements a through h) are required to be implemented by the applicant prior to issuance of the Certificate of Occupancy. Chair Cohen asked the applicant if any reduction would be feasible. Mr. Sandland said that any reduction at all would be a significant economic hardship on the project. Mr. Taylor said the three alternatives are 1) no project, 2) a 36 percent reduction, and 3) the alternative design that would reduce building area by 17,000 sq. ft. (Building 11). Staff recommended that the bicycle path be on the inside of the multi-purpose trail and the equestrian portion be on the outside. Reducing the height of Buildings 9, 10, and 11 is an alternative not indentified in the EIR. One of the conditions in the resolution identified the final landscape plan components go to DRC. Chair Cohen said he is not in a position to be in favor of certifying the EIR based on the findings discussed. Commissioner Cardoza said a condition could be placed to modify -the current site plan and a resolution could be prepared to support that. Motion Commissioner Cardoza moved, seconded by Commissioner Kerr, to adopt Resolution 08-04-08-01 certifying the Final Environmental Impact Report. The motion passed by a vote of 3-1, with Chair Cohen opposed due to inadequate findings in connection with the benefits previously discussed. PC Meetinq Minutes 7 April 6, 2008 Motion Commissioner Kerr moved, seconded by Vice Chair Ratcliffe, to deny the resolutions contained in item 2 of the staff recommendation. The motion passed by a vote of 3-1, with Commissioner Cardoza opposed. Chair Cohen called for a recess at 10:15 p.m. and reconvened the meeting at 10:27 p.m. 3. GRADING PLAN MODIFICATION (GPM) 08-001, HIRCHAG RESIDENCE; A REQUEST TO GRADE AN EXISTING VACANT LOT AND CONSTRUCT TIERED RETAINING WALLS AND A 7,782 SQUARE FOOT RESIDENCE AND LANDSCAPE AN EXISTING 1 ACRE LOT, GENERALLY LOCATED 600 FEET NORTHWEST OF DEL OBISPO AT 25711 PASEO DE LA PAZ (TRACT 6788, LOT 16) (APN: 673-061- 13) (APPLICANT: TERRY HIRCHAG, C.D.M. DEVELOPMENT). Written Communications April 8, 2008 Applicant/Property Owner Terry Hirchag, CDM Development, #8 Castillo Del Mar, Capistrano Beach, CA 92624 Staff presentation & recommendation Mr. Nick Taylor presented the staff report and recommended that Commissioners adopt a resolution conditionally approving Grading Plan Modification (GPM) 08-001. Applicant Terry Hirchag said the design features of the home match the low, ranch -style design of the neighbors' homes. Commissioner Cardoza said the DRC was comfortable with the plant palette. Motion Commissioner Cardoza moved, seconded by Vice Chair Ratcliffe, to adopt Resolution 08-04-08-02 adopting a Notice of Exemption and conditionally approving Grading Plan Modification (GPM) 08-001 for Tract 6788, Lot 16 for a vacant parcel located at 25711 Paseo de la Paz (Assessors Parcel Number 673-061-13; Terry Hirchag). The motion passed by a vote of 4-0. OLD BUSINESS None. NEW BUSINESS None. COMMISSION/STAFF COMMENTS Mr. Taylor invited Commissioners to carpool with him at 9:00 a.m. April 10, 2008 to the native plant seminar at the Tree of Life Nursery. PC Meetinq Minutes 8 April 6, 2008 The Joint Meeting of the Planning Commission and Transportation Commission is scheduled from 5:30 — 8:00 p.m. on Tuesday, April 29, 2008. Vice Chair Ratcliffe said T -Mobile has a sign on a stick in an administrative office complex. Mr. Taylor said that is a code enforcement case and there will be a Land Use Determination on Ortega Ranch in May. Commissioner Kerr said that Sheldon Cohen, Grant Taylor, and David Contreras attended the League of California Cities, which opened with a seminar on wild fire land interface with residential development. Commissioners Kerr and Cardoza and Chair Cohen voiced concern regarding the bright orange and yellow senior living center on San Juan Creek Road across from the golf course. Mr. Taylor said he believes it is an active enforcement case. Commissioner Cardoza said he found it best to rely on and communicate with staff so that decisions can be made in a timely way. Commissioner Cardoza said the Sign Committee has been working on the visual blight of undesirable signs along the streets. Chair Cohen thanked Commissioner Cardoza for his service as Chair, and said he would like to see a follow-up memo to the issues brought up in Commission/Staff Comments such as the Montessori sign in Marbella Plaza and the Ortega Ranch retail leasing. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:50 p.m. The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, April 22, 2008 at 7:00 p.m. in the City Council Chambers. Approved: Grant Taylor " Assistant Planning Director