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PC Minutes-2008-06-1032400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAx www.sanjuancapistrano.org CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, JUNE 10, 2008 The meeting of the Planning Commission was called to order by Chair Cohen at 7:00 p.m., followed by the Pledge of Allegiance to the Flag. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners Present: Commissioner Absent: Sheldon Cohen, Chair Robert Cardoza Ginny Kerr Tim Neely Gene Ratcliffe, Vice Chair Staff members in attendance: Steven Apple, Planning Director, Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; William Ramsey, Principal Planner; Justin Kirk, Assistant Planner; Larry Lawrence, Contract Planner; 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 CO Printed on 100% recycled paper MEMBERS OF THE CITY COUNCIL IA (00 SAM ALLEVATO THOMAS W. HRIBAR ESTBBLISHEB I 1961 MARK NIELSEN 776 JOE SOTO ®® ® DR. LONDRES USO MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, JUNE 10, 2008 The meeting of the Planning Commission was called to order by Chair Cohen at 7:00 p.m., followed by the Pledge of Allegiance to the Flag. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners Present: Commissioner Absent: Sheldon Cohen, Chair Robert Cardoza Ginny Kerr Tim Neely Gene Ratcliffe, Vice Chair Staff members in attendance: Steven Apple, Planning Director, Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; William Ramsey, Principal Planner; Justin Kirk, Assistant Planner; Larry Lawrence, Contract Planner; 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 CO Printed on 100% recycled paper PC Meeting 2 June 10, 2008 Chair Cohen removed the items from the Consent Calendar for separate consideration. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF APRIL 22, 2008. Commissioner Kerr moved for approval of the Planning Commission Minutes of April 22, 2008, seconded by Commissioner Cardoza. The motion passed by a vote of 4-0. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF MAY 13 2008. Commissioner Kerr said that a portion of the verbiage on page 4 was related to a previous issue, and on page 6, the first paragraph should be changed to indicate the photo documentation is a liability protection for property owners. Commissioner Neely moved for approval of the Planning Commission Transportation Commission Minutes of May 13, 2008 as amended, seconded by Commissioner Cardoza. The motion passed by a vote of 4-0. CONTINUED PUBLIC HEARINGS 1. REZONE (RZ) 08-001, CORRECTION REZONE: CONTINUED REVIEW OF ZONING MAP AND LAND USE CODE CORRECTIONS. Written Communications June 10, 2008 Staff presentation & recommendation Mr. Lawrence presented the staff report and recommended that the Planning Commission adopt a resolution forwarding the zoning amendments to the City Council with a recommendation of approval. Public Hearing Mark Talla, 28412 Avenida La Mancha, asked if his property would be affected by the General Open Space amendment. Mr. Lawrence said that the concern is correct. An email received from Valerie Drey indicated her support of this final version of the amendment for Glenfed/Lomas San Juan, and that the homeowners association president Jean Carpenter wrote a letter indicating her support. Commissioner Questions and Comments Commissioner Kerr asked if the vacant lot on Via Entrada in San Juan Hills is part of the CDP. Mr. Lawrence said it would apply if whatever is built there has an average lot size of less than 4,000 square feet. PC Meeting 3 June 10, 2008 Commissioner Kerr voiced concern regarding the minimum distance of 5 feet from the edge of the water in swimming pools and spas to the lot line. Mr. Lawrence said the lots under consideration are graded flat. Commissioner Neely asked if a barn would be an exception. Mr. Lawrence said the code provision is wide open and depends on what the neighbors think. Mr. Taylor said it maybe an exception pursuant to Municipal Code Section 9-3.411. Motion Commissioner Neely moved to adopt Resolution 08-06-10-1 forwarding various zoning amendments to the City Council with a recommendation of approval, seconded by Commissioner Cardoza. The motion passed by a vote of 4-0. 2. CONDITIONAL USE PERMIT (CUP) 07-07, COAST BIBLE, ROYAL STREET COMMUNICATIONS; AN APPLICATION TO INSTALL, OPERATE, AND MAINTAIN AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY. THE PROJECT IS LOCATED AT 26300 VIA ESCOLAR, GENERALLY LOCATED APPROXIMATELY 530 FEET NORTH OF WILD WOOD LANE, 160 FEET SOUTH OF VIA ESCOLAR, AND 315 FEET WEST OF RANCHO VIEJO. (APN 650-011-25) (APPLICANT: TOM FLYNN, ROYAL STREET COMMUNICATIONS). Written Communications June 10, 2008 Applicant Royal Street Communications, Tom Flynn, 2913 EI Camino Real # 561, Tustin, CA 02782 Property Owner Coast Bible, Glenn Eichler, 26300 Via Escolar, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Kirk presented the staff report and recommended that the Planning Commission adopt a resolution conditionally approving CUP 07-10 to allow six (6) panel wireless antennas to be installed inside a proposed faux tree and a 220 square foot 7'-0" tall, slump stone wall equipment enclosure to house forwarding the zoning amendments to the City Commissioner Questions and Comments Commissioner Kerr asked about the FCC's position regarding areas where there is a gap in coverage. Mr. Retterer said the Telecommunications Act adopted in PC Meeting 4 June 10, 2008 1996 allows the local land use authority to exercise some discretion over cell provider locations. Public Hearing Yvonne Tschaikowsky, Paseo Placentia, spoke in opposition to the faux trees. Mark Carney, 350 Commerce, Irvine, Metro PCS for the applicant, said their goal is to provide low cost telecommunications coverage, and the location offers co - location in the future. Motion Commissioner Cardoza moved to continue the item to the July 17, 2008 DRC meeting and the August 12, 2008 Planning Commission meeting, to allow staff to continue to work with the applicant to look for alternative solutions, seconded by Commissioner Kerr. The motion passed by a vote of 4-0. NEW PUBLIC HEARINGS 1. CONSIDERATION OF DRAFT 2008 HOUSING ELEMENT UPDATE: STATE MANDATED REVIEW OF GENERAL PLAN HOUSING ELEMENT. Written Communication June 10, 2008 Staff presentation & recommendation Mr. Apple presented the staff report and recommended that the Planning Commission adopt a resolution forwarding the zoning amendments to the City. A representative of the Kennedy Commission referred to a June 10, 2008 letter requesting housing needs for very low and low-income families. The Planning Commission provided final comments and input regarding the draft Housing Element update, and to forward the draft document to the City Council for review and Housing and Community Development submittal authorization. Motion Commissioner Cardoza moved to forward the draft Housing Element update document to the City Council for review and Housing and Community Development submittal authorization, seconded by Commissioner Kerr. The motion passed by a vote of 4-0. Chair Cohen called for a recess at 8:07 p.m. and reconvened the meeting at 8:20 p.m. PC Meeting 5 June 10, 2008 Chair Cohen said that Item 1-1 would be considered next since the Applicant for Item G-2 had not yet arrived. 2. CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 06-01, REZONE (RZ) 06-01, VILLA MONTANA; A REQUEST FOR APPROVAL OF APPLICATIONS TO ALLOW THE DEVELOPMENT OF A 163 -UNIT, MULTI- FAMILY, APARTMENT COMPLEX ON AN EXISTING 4.6 NET ACRE PART OF A 9.7 GROSS ACRE PARCEL LOCATED ON THE NORTH SIDE OF VISTA MONTANA ABOUT 370 FEET WEST OF LA PATA AVENUE (APPLICANT: WHISPERING HILLS, LLC; DENNIS GAGE). Written Communication June 10, 2008 Property Owner/Applicant Dennis Gage, Whispering Hills LLC, 19700 Fairchild, #120, Irvine, CA 92612 Representative Peri Muretta, 3 Regalo Drive, Mission Viejo, CA 92692 Staff presentation & recommendation Mr. Ramsey presented the staff report and recommended that the Planning Commission consider General Plan Amendment (GPA) and Rezone (RZ) to the City Council with a recommendation of denial based on recommended findings that the proposed 20% affordable housing provision is substantially inadequate to justify amendments to the General Plan Land Use Element and the Whispering Hills Estates Compre.iensive Development Plan to designate the property for high-density residential apartment use. However, should the applicant propose to either substantially increase the percentage of affordable housing units consistent with the June 2007, State - mandated Regional Housing Needs Assessment (RHNA) for the City; and/or substantially reduce the density (dwelling units/acre) of the proposed project to comply with the City's Architectural Design Guidelines, then the project would be more appropriate for consideration. Philip Schwartz, representing the applicant, said that the 163 unit project includes an affordable component. Public Hearing Roseanne Kotzer, 25598 Paseo La Vista, Laguna Niguel, spoke in opposition to the proposed rezoning. Nadim Khalaf, 1 Danforth Avenue, Laguna Niguel, spoke in opposition to an apartment complex near San Juan Hills High School. PC Meeting 6 June 10, 2008 Shelagh Hegarty, 27122-B Via Chiquero, spoke in opposition to the proposed rezoning. Marci Frolov, 28501 Via Primavera, spoke in opposition to the proposed rezoning. Mike Johnson, 32902 Staysail, Dana Point, spoke in opposition to the proposed rezoning. Eva Crabbs, 31491 Via Santa Maria, asked that the item be denied. Jeanne Walker, 27981 Via del Cerro, spoke in opposition to the proposed rezoning. Yvonne Tschaikowsky, Paseo Placentia, spoke in opposition to the proposed rezoning. Trevor Dale, 27781 Camino La Ronda, spoke in opposition to the proposed rezoning. Roseanne Kotzer, a representative from the Kennedy Commission spoke in favor of the possibility of affordable housing components. Commissioner Cardoza voiced concern regarding the location, very little benefit to the City, appropriateness, and the need for management of the renter screening process. Commissioner Kerr objected to the project due to increased density and traffic as well as preferential treatment for teachers and law enforcement which could be viewed as discriminatory. Chair Cohen said although there is a need for affordable housing, the school population has not yet been established. Commissioner Cardoza asked that the Commissioner comments be incorporated in the findings and brought back in a final resolution. Motion Commissioner Cardoza moved to approve Resolution 08-6-10-2 recommending City Council denial of a General Plan Amendment (GPA) 06-01 and Rezone (RZ) 06-01 for the Whispering Hills Estates planned community located east of La Pata Avenue about 1.4 miles south of Ortega Highway and more precisely referred to as Assessor Parcel Number (APN) 124-223-81 (Villa Montana), with a recommendation of denial based on recommended findings that 1) the proposed 20% affordable housing provision is substantially inadequate to justify PC Meeting 7 June 10, 2008 amendments to the General Plan Land Use Element and the Whispering Hills Estates Comprehensive Development Plan to designate the property for high- density residential apartment use, 2) the site won't be remote in the future, 3) increased density and traffic, 4) the City won't benefit from the development, 5) preferential treatment for teachers and law enforcement, and 6) the school population has not yet been established, seconded by Commissioner Kerr. The motion passed by a vote of 4-0. OLD BUSINESS None. NEW BUSINESS 1. WORKSESSION; ARCHITECTURAL CONTROL (AC) 08-014 & REZONE (RZ) 08-002, JERWEL SELF STORAGE; A REQUEST TO DEVELOP A 74,730 SQUARE FOOT COMMERCIAL SELF STORAGE FACILITY, WHICH CONSISTS OF A 27,893 SQUARE FOOT BASEMENT, 22,897 SQUARE FOOT FIRST FLOOR AND 20,720 SQUARE FOOT SECOND FLOOR ON AN UNDEVELOPED 71,813 SQUARE FOOT LOT. THE PROPOSAL ALSO INCLUDES 16,435 SQUARE FEET OF PAVED AREA AND 30,577 SQUARE FEET OF LANDSCAPED AREAS. THE PROJECT IS LOCATED AT 27452 CALLE ARROYO, GENERALLY LOCATED; 2320 FEET SOUTH OF LA NOVIA, AND DIRECTLY ADJACENT TO VALLE RD. (APPLICANT: GERALD KLEIN). Written Communications June 10, 2008 Property Owner Jerwel Enterprises, 9P75 Sitka Cr., Fountain Valley, CA 92708 Applicant Jerry Klein, 9875 Sitka Cr., Fountain Valley, CA 92708 Staff presentation and recommendation Mr. Kirk presented the staff report and recommended that the Planning Commission conduct a work session review of the proposed project, allow public comment as deemed appropriate, and provide general direction to the applicant on the main land use planning and design issues. Motion Chair Cohen moved staff recommendation, seconded by Commissioner Kerr, that the item proceed through the process at the June 19, 2008 DRC meeting. The motion passed by a vote of 4-0. PC Meeting 8 June 10, 2008 COMMISSION/STAFF COMMENTS Mr. Taylor said that the mystery tree at the Oyharzabal House in Los Rios is an Osage Orange, native to Arkansas, Oklahoma, and Texas. Mr. Apple said the Osage Orange tree material was used by Native Americans to make bows. Commissioner Kerr reminded staff of the need for a "No right turn on red" sign at Rancho Viejo Road and J Serra, and said a resident asked how the La Novia bridge expansion fits in with all the new planned development. Mr. Apple said that the La Novia bridge expansion has been removed from the City's CIP list. Chair Cohen said Capistrano Home Furnishings is the longest bankruptcy proceeding he has known pursuant to their banners, and suggested a Saturday code enforcement field trip for Planning Commissioners. Mr. Taylor said that the field trip would need to adhere to Brown Act guidelines and he would schedule. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 9:50 p.m. The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, June 24, 2008 at 7:00 p.m. in the City Council Chamber. Approved: Steven A. Apple, AICP Planning Director