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PC Minutes-2008-08-2632400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www sanjuancaptstrano. org CALL TO ORDER August 26, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission to order at 7:30 p.m. PLEDGE OF ALLEGIANCE Chair Cohen led the flag.salute. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, Commissioner Robert Cardoza, and Commissioner Ginny Kerr. COMMISSIONERS ABSENT: Commissioner Tim Neely 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. Chair Cohen removed the items from the Consent Calendar for separate consideration. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF JULY 8 2008. Commissioner Kerr requested an edit to Page 4, fifth paragraph, last line, change the word "should" to "doesn't". Motion by Commissioner Cardoza to approve the July 8, A San Juan Capistrano: Preserving the Past to Enhance the Future `� Printed on 100% recycled paper 2008 Planning Commission Minutes as amended, seconded by Commissioner Kerr. The motion passed by a vote of 4-0. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF JULY 22 2008. Commissioner Kerr requested an edit to Page 4, last paragraph, change the words "prospective tenants have" to "management has". Motion by Commissioner Cardoza to approve the July 22, 2008 Planning Commission Minutes as amended, seconded by Commissioner Kerr. The motion passed by a vote of 4-0. 3. APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 12 2008. Commissioner Cardoza requested an edit to Page 6, first paragraph, amend the last part of the sentence to read " ... commented on the step overhang on the elevations that the paint colors be consistent with the elevations". Motion by Commissioner Kerr to approve the August 12, 2008 Planning Commission minutes as amended, seconded by Commissioner Cardoza. The motion passed by a vote of 3-0-1 with Vice Chair Ratcliffe abstaining. CONTINUED PUBLIC HEARINGS NONE NEW PUBLIC HEARINGS 1. CONSIDERATION OF TENTATIVE TRACT MAP (TTM) 16146 CONDITIONS FOR 31 RESIDENTIAL LOTS ON APPROXIMATELY 16.14 ACRES AT 32281 DEL OBISPO STREET. The previously approved residential subdivision project contains 121 conditions of approval and is subject to court direction to reconsider seven (7) specific conditions. Staff Presentation and Recommendation Steven Apple, Community Development Director, presented the staff report and stated on December 20, 2005 the City Council adopted Resolution 05-12-20-02 approving the Belladonna Estates subdivision authorizing development of 31 residences subject to 121 conditions of approval. The developer, Scalzo Family Trust, challenged 16 conditions and subsequently the Superior Court issued a decision upholding 9 of the challenged conditions, but remanded 7 conditions of approval back to the City for reconsideration to include conditions 18, 51, 56, 66, 77, 78, and 105. Mr. Apple summarized each of the seven conditions in the staff report to include original condition language, discussion, and recommendation for revised condition language. Chair Cohen inquired if the City Attorney has reviewed the staff report and revised conditions and if the applicants and their attorney's have reviewed. Deputy City Attorney Jason Retterer stated his office including City Attorney Omar Sandoval and attorney Lois Bobak have reviewed the document and stated the aggrieved parties have been provided the document prior to this hearing and a court hearing will be conducted before final City Council consideration. PC Minutes 2 August 26, 2008 Commissioner Cardoza inquired if the applicant's attorney has reviewed revised conditions. Mr. Retterer stated he has not personally spoken with the applicant or his attorney's. Mr. Apple stated he called the applicant and his attorney's and forwarded an email link to the PC agenda and staff report. Vice Chair Ratcliffe stated the Planning Commission previously denied the Tentative Tract Map application. Public Hearinq Comments Mark Goldstein (Attorney for Scalzo Family Trust) complimented Mr. Apple, stated the Cook Reservoir is leaking and the City has been derelict in repair, claims the City is attempting to have his client pay for repairs, conditions were vigorously litigated, and the City has acted in bad faith. Chair Cohen requested Mr. Goldstein to address the agenda item and not past history. Mr. Goldstein continued stating the City Attorney has been non-responsive and the City may face further litigation. Chuck Crolekowsky, 895 Dove, Newport Beach, CA (Attorney for Scalzo Family Trust) stated he would like to work with the City, claims the court found Condition #66 to have no nexus to the project, conditions 18, 51 and 56 (drainage easement) are vague and leave his client at the mercy of the City, recommended placing drainage in proper easements, the conditions are vague and should be specific, Conditions 77 and 78 (water facilities) do not identify what facilities. Chair Cohen encouraged the speaker to work with the City Attorney to craft appropriate condition language. Mark Czryn, Via Alicia, San Juan Capistrano, CA stated he has previously spoken four times on the item, the canyon is in disrepair with overhead weeds, dense vegetation, a fire hazard and the applicant has been dumping dirt. He requested the City not to let the developer build to the easement. Don Vanderland, 32181 Paseo De Manuel, San Juan Capistrano, CA stated drainage is eroding slopes and he opposes the retaining wall. Planning Commissioner Questions and Comments Vice Chair Ratcliffe commented that the applicant claims that conditions are general, the revised conditions are more specific, the discussion appears inconsistent with the agenda item, and she is unsure what the court wants. Commissioner Kerr commented she was not on the Planning Commission during original discussions, commented on the applicants comments to conditions, stated the language is standard and does not see a problem, concerns over condition #77, if the property has weeds and is a fire hazard the property owner should maintain, and the owner should be a good neighbor regarding dumping dirt. Deputy City Attorney Retterer commented on condition #77 stating the City Engineer checks the final map for consistency with the tentative map and that all conditions of approval are included. PC Minutes s August 26, 2008 Commissioner Cardoza commented the project has a lengthy history with multiple conditions, commented that staff is fair with the language, and the conditions are standard. Chair Cohen concurred with Commissioner Cardoza, commented the court ordered that the City review the conditions and that staff has rewritten the conditions in response to the court order. Motion by Commissioner Cardoza to concur with staff proposed revisions to the conditions and recommend that the City Council adopt a resolution supporting staff recommendations, seconded by Vice Chair Ratcliffe. The motion passed by a vote of 4- 0. Community Development Director Apple commented that he would like to offer an olive branch to the applicants to work with staff and recommends that the applicants provide suggestions for City Council consideration. OLD BUSINESS 1. WORK SESSION: JERWEL SELF STORAGE. 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 includes 16,435 square feet of paved area and 30,577 square feet of landscaped areas. The project is located at 33000 Valle Road. Staff Presentation and Recommendation Assistant Planner Justin Kirk presented the staff report and stated the applicant is proposing to develop a commercial self storage facility consisting of two stories and a basement level with nineteen parking stalls and perimeter landscaping. The project is the result of a City Council resolution mitigating easement issues centered on the Suncal properties. This work session is to identify appropriate floor area ratio (FAR) that is not identified in the Planned Community (PC) General Plan designation. Other self storage facilities have between 0.78 and 0.87 FAR where this proposal is for a 1.04 FAR including the basement. Removal of the basement would result in a 0.607 FAR. The proposed project has been before the Planning Commission once and DRC twice and the design concept has been supported. Public Comments Dennis Crovella, 4401 East Gate Mall, (Attorney for Price Self Storage) spoke in opposition to the project and submitted a letter. Mr. Crovella requested noticing for his client of all future hearings on this item. Planning Commissioner Questions and Comments Chair Cohen inquired about noticing for this item. Assistant Planner Kirk stated no noticing was performed for this item as it is a work session, future meetings will result in PC Minutes 4 August 26, 2008 City wide noticing and staff requested the applicant conduct a town hall meeting to meet with McCracken Hill residents. Vice Chair Ratcliffe commented she has not seen the landscaping plan, the subterranean level is acceptable and the proposed FAR is appropriate. Commissioner Kerr commented she supports the subterranean level and the FAR is acceptable. Commissioner Cardoza stated the proposed FAR is acceptable. Chair Cohen commented the FAR is appropriate. Planning Commission direction was provided by general consensus. NEW BUSINESS 1. INTER -JURISDICTIONAL PROJECT REVIEW (IJPR) 08-03, RAILROAD CROSSING QUIET ZONES. Consideration of a request to review and provide comments on design plans for proposed establishment of Quiet Zones at five public railroad crossings including Oso, La Zanja, Verdugo, Del Obispo and Aeropuerto. Staff Presentation and Recommendation Public Works Director Nasser Abbaszadeh presented the staff report and stated local jurisdictions may establish quiet zones to eliminate horns at railroad crossings and enhance public safety. Safety enhancements include additional signals, street medians, traffic control arms, and pedestrian control arms. The railroad tracks are owned by the Orange County Transportation Authority (OCTA). The Cultural Heritage Commission, Transportation Commission and Design Review Committee have all reviewed the proposal. Public Comments (inaudible?) Campbell stated he is neutral on the project and commented on the crossings. Planning Commissioner Questions and Comments Commissioner Kerr commented she supports staff recommendations and she reviewed the item at DRC. Commissioner Cardoza commented he was unable to attend DRC, requests low landscaping on the medians that is native California species, he does not object to the green fencing, recommends the fencing at the Verdugo crossing be earth tone and consistent with the Los Rios district. Mr. Abbaszadeh stated the Planning Commissioner's comments would be included in a letter to OCTA. PC Minutes 5 August 26, 2008 Vice Chair Ratcliffe commented the improvements at Verdugo should be consistent with the Los Rios aesthetics, recommends small grass landscaping with cobblestones in the medians and hopefully eliminate the Del Obispo ghost trains. Chair Cohen commented he concurred with his colleagues and strongly encouraged landscaping the medians. Planning Commission direction was forwarded by general consensus. 2. WORK SESSION: ARCHITECTURAL CONTROL (AC) 08-31, SPAULDING PROPERTIES (SYCAMORE BUSINESS PARK). Consideration of a request for review of proposed modifications that include removal of 19 Eucalyptus trees located along the property line between the Business Park and City Hall. The project site is located at 32236 & 32244 Paseo Adelanto (APN 668-101-13). Staff Presentation and Recommendation Senior Planner David Contreras presented the staff report and stated the applicant is requesting approval to remove 19 Eucalyptus trees and a replacement planting plan proposing four 36" box Tristanias (Brisbane box), twenty-one 24 gallon Potocarpus, and one 60" box California Sycamore. The Podocarpus trees would be grown as a hedge and supported by trellis/lattice, the Brisbane Box would provide vertical canopy and the California Sycamore would be consistent with the street trees along Paseo Adelanto. Mr. Contreras commented that an original application was submitted in 1993 at which time the City decided to preserve the trees and in 2000 the City entered into an agreement with the business park to preserve the trees and such agreement was fulfilled in 2002. The trees continue to be maintained by the business park but suffer from damage caused by Red gum Lerp Psyllid. Public Comments Richard Rodriguez, Rick's Tree Service, Rancho Margarita commented they have tried for 10 years to preserve the trees which are failing in health, are a maintenance problem, produce debris, damage vehicles and are costly. Matt Spaulding, part owner of the center summarized the history of the center and the trees and supported removal with replanting. Planning Commission Questions and Comments Chair Cohen commented on the request to remove and replace the trees, findings for tree removal, a tree removal permit is warranted, if an arborist report had been prepared, and he does not support a hedge but preferred tall evergreen trees. Mr. j Contreras commented that staff is requesting Planning Commission direction if there is support to remove the eucalyptus trees, appropriate replacement trees, stated the landscaping was integral to the Architectural Control but a Tree Removal Permit would also be appropriate. Assistant Community Development Director Taylor commented staff will bring back Architectural Control Modification and Tree Removal Permit applications, one of four findings must be made in Section 9-2.349(e) to authorize tree PC Minutes 6 August 26, 2008 A removal and the landscaping plan was an integral part of the Architectural Control approval. Commissioner Kerr commented she is not a fan of eucalyptus trees, can support removal, and requests an appropriate and attractive replanting plan. Commissioner Cardoza commented the Eucalyptus trees can be problematic, the trees are diseased, podocarpus hedges are not appropriate for screening, suggested Toyon or native species, and requested an arborist report. Mr. Contreras commented the arborist has a vested interest in the project. Vice Chair Ratcliffe commented the applicant request is appropriate, an arborist report is necessary and suggested trees other than podocarpus may be better suited. Planning Commission direction was provided by general consensus. 3. GENERAL PLAN LAND USE DETERMINATION TUCKER PROPERTY: Consideration of a request by property owner Larry Tucker for a General Plan land use determination for property located between Trabuco Creek Road and Rosenbaum Road presently designated 1.0 General Open Space" by the General Plan Land Use Policy Map generally located directly to the east of Rancho Viejo Road, south of Trabuco Creek Road (APN's 650-071-53 & 650-074-02). Staff Presentation and Recommendation Assistant Community Development Director Grant Taylor presented the staff report and stated property owner Larry Tucker has requested that the City render a General Plan land use determination for his property located between Trabuco Creek Road and Rosenbaum Road directly east of Rancho Viejo Road. Mr. Tucker requests that the Planning Commission determine that the present General Plan Land use designation of 1.0 General Open Space" is incorrect, and that the correct General Plan land use designation is "2.4 Medium High Density Residential (8.1 — 18.0 du/acre)". Records indicate the subject property was once one of three properties totaling 4 acres and that the dedication of right-of-way for the realignment of Trabuco Creek Road severed the 4,300 square foot parcel from the larger 4 acre parcel which was ultimately developed as the "Summer Walk" residential subdivision. Mr. Taylor stated that the previous 1974 General Plan Land Use Map and the 1975 Zoning Map appear to identify the subject property as General Open Space however, those maps were not parcel specific. Mr. Taylor also stated the 1999 General Plan Update created a parcel specific map that clearly identifies the subject property as General Open Space. Public Comments Larry Tucker, P.O. Box 7974, Newport Beach, CA provided the Planning Commission with a summary of the property stating he purchased the parcel in 1978 and after straightening Trabuco Creek Road was left with a 4,300 square foot parcel. Mr. Tucker stated the City was supposed to vacate Rosenbaum Road so he could obtain half the right-of-way. Mr. Tucker stated in 1987 the Planning Commission reviewed a land use PC Minutes 7 August 26, 2008 determination item and the Commission took the position that the General Plan Map should be modified to reflect Medium High Density Residential. Mr. Tucker provided General Plan Maps to the Planning Commission. Mr. Tucker commented he was not given individual notice for the 1999 General Plan Amendment. Planning Commission Questions and Comments Chair Cohen inquired if Mr. Tucker had been a Planning Commissioner and where he resided in 1999, did the City ever consider a project application on the subject property. Mr. Tucker commented he was a Planning Commissioner for the City of Newport Beach and resided there in 1999 and no project had been considered for the property but he hoped to develop one or two residences. Chair Cohen suggested staff thoroughly research records to determine if any entitlements were proposed for the property, if Mr. Tucker ever testified and the legal requirements for noticing. Assistant Community Development Director Taylor commented staff has thoroughly researched the records, no other entitlements were ever considered for the subject property, State Law does not require individual notice for entitlements exceeding notice to more than 1,000 persons, and Mr. Tucker was not individually noticed. Deputy City Attorney Retterer commented that the Planning Commission could make a recommendation to the City Council to initiate a General Plan Amendment. Such an amendment should be heard before the November election as the ballot will contain a measure that if approved would require a vote of the people to change an Open Space General Plan Designation. Commissioner Cardoza inquired about the exact location of the subject property on the General Plan Map, wasn't sure the map was in error, the 1999 General Plan Amendment is clear, and more study may be required. Mr. Tucker identified the location of his property on the General Plan Map. Commissioner Kerr inquired if Mr. Tucker had any immediate plans for development. Mr. Tucker commented that he did not. Further discussion indicated the Planning Commission consensus was for the City Council to consider initiation of a General Plan Amendment and the item should not be delayed. Motion by Commissioner Kerr to forward the item to the City Council for consideration of initiating a General Plan Amendment, seconded by Commissioner Cardoza. The motion passed by a vote of 4-0. COMMISSION/STAFF COMMENTS Assistant Community Development Director Taylor commented on the memorandum from staff to the Planning Commission providing information on the following meetings: PC Minutes 8 August 26, 2008 • 8/19/08 City Council actions; • 8/21/08 Design Review Committee actions; 9/2/08 City Council agenda items; • 9/4/08 DRC agenda items; • 9/9/08 Planning Commission agenda items. Chair Cohen inquired about the grading he had mentioned at the last meeting on a hill behind Los Corrales that is visible from Ortega Highway and La Novia. Mr. Taylor reported code enforcement had not found any grading in that area but did stop unauthorized grading on the north side of Ortega Highway, east of the trailer park on Granado Road. Staff will monitor the Los Corrales area. ADJOURNMENT Chair Cohen adjourned the meeting at 9:40 p.m. Approved: Grant Taylor, Assistant Community Development Director PC Minutes 9 August 26, 2008