PC Minutes-2008-06-1032400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
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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
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MEMBERS OF THE CITY COUNCIL
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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