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PC Minutes-2008-10-1432400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493.1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER MEMBERS OF THE CITY COUNCIL SAM ALLEVATO 11E1APAAATED THOMAS W. RIBAR (ST111111SHEA ! �96I MARK NIELSEN 1776 JOE SOTO ® • DR. LONDRES USO October 14, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE Chair Cohen led the flag salute. C. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, and Commissioner Ginny Kerr. COMMISSIONERS ABSENT: Commissioner Robert Cardoza and Commissioner Tim Neely. D. ORAL COMMUNICATIONS NONE E. 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. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF SEPTEMBER 23 2008. Due to lack of a quorum Chair Cohen continued the item to the next regular meeting on October 28, 2008. San Juan Capistrano: Preserving the Past to Enhance the Future COV Printed on 100% recycled paper F. CONTINUED PUBLIC HEARINGS 1. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 9 CHAPTER 5.103 IN -LIEU AFFORDABLE HOUSING FEES. A request to implement provisions for in -lieu affordable housing fees as recommended by the General Plan Housing Element to encourage development of affordable housing or ensuring adequate funding to provide affordable housing. (Applicant: City of San Juan Capistrano)(Project Manager: Laura Stokes, Housing Coordinator). Staff Presentation and Recommendation Housing Coordinator Laura Stokes presented the staff report stating the item was continued from the August 12, 2008 Planning Commission meeting. The draft ordinance proposes amending Title 9, Chapter 5, Section 103. The current code provision allows developers to pay an in -lieu fee of one percent (1%) of the building permit valuation for in -lieu affordable housing payable at the issuance of the building permit. The 1 % does not encourage affordable housing development and is insufficient to provide affordable housing funding. The draft ordinance proposes two equations for rental development and owner development to include: The rental development formula is the difference between monthly market rate rent and affordable rent times 10%. The owner development formula is the difference between the Orange County median market sales price and affordable sales price times 10%. Staff has met with the Building Industry Association (BIA) to review revisions and concerns identified by the Planning Commission on August 12, 2008. Staff recommends the Planning Commission request the City Council adopt the attached draft ordinance. Public Hearina Comments Bryan Starr, 17744 Sky Park Circle #170, Irvine, CA spoke on behalf of the BIA. Mr. Starr commented the ordinance is improved, more current data has been used, BIA opposes inclusionary housing programs and ordinances, and requested if the ordinance is supported that a fee cap be included. Planning Commissioner Questions and Comments Vice Chair Ratcliffe inquired about the ten year covenant provision, commented she is pleased to see the proposed increase, has not seen a project developed with affordable housing as developers just pay the fee, opposes a fee cap, the ordinance is not as strong as it could be, and she supports the ordinance. Commissioner Kerr inquired about the formula for rent verses owner houses, if ordinance 767 is existing, clarify the number of houses, risks with the current economic climate, and limits on second time buyers. Commissioner Kerr commented the ordinance is needed and she supports, the existing ordinance is insufficient and PC Minutes 2 October 14, 2008 suggested definitions should be included at the beginning of the ordinance rather than the end. Chair Cohen inquired if staff supports a fee cap, commended Mr. Dumhart and Ms Stokes for their efforts, thanked Mr. Starr for his comments, and stated he supports the ordinance. Housing Coordinator Stokes commented Ordinance 767 is existing and sets a minimum ten year covenant, and rental housing is more constant with less turnover than owner housing. Economic Development Manager Douglas Dumhart commented that staff opposes a fee cap as the market will determine fees, existing Ordinance 767 is attached for reference, prefers the developer pay at building permit issuance for better City control, BIA prefers payment prior to issuance of Certificate of Occupancy which the ordinance sets forth, problem with monitoring second time buyers as staff can lose track, include a 60 year covenant that the second time buyers housing be sold back to the developer, and 1,000 units remain to be developed for final build out in San Juan Capistrano. Motion by Commissioner Kerr recommending that the City Council adopt the attached ordinance amending Municipal Code Section 9-5.103 in -lieu affordable housing fees, seconded by Vice Chair Ratcliffe. The motion passed by a vote of 3-0. 2. CONTINUATION OF ARCHITECTURAL CONTROL (AC) 08-005 & ZONE VARIANCE 08-006 CACHIA MEDICAL OFFICES A request for review and approval of final design plans for a proposed 7,488 square foot two story office building with a 12,539 square foot subterranean parking area on a 15,342 square foot parcel located at 31551 Avenida Los Cerritos, (APN 650-151-16)(Applicant: Vic Cachia)(Project Manager: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the applicant is requesting approval to develop a two-story medical office building with subterranean parking at 31551 Avenida Los Cerritos in the OC (Officer Commercial) zone. Due to unforeseen complications, the proposed project will need to be continued indefinitely. The project will require additional entitlements which must be initiated by the City Council. Once the project is ready for public hearing, it will be re -noticed in accordance with the Municipal Code. Public Hearing Comments None Planninq Commissioner Questions and Comments Chair Cohen requested the history and status of the project. PC Minutes 3 October 14, 2008 Associate Planner Kirk stated the subject property has a General Plan designation of 4.4 Office/Research Park that is consistent with the OC (Office Commercial) zoning designation. The General Plan allows for a Floor Area Ratio (FAR) of 0.40:1. The zoning code was amended in 2002 to allow a second floor area 80% of the first floor which translates to a 0.56:1 FAR. Unfortunately, the attempt to break up building lines for improved architecture resulted in an inconsistency with the General Plan. The applicant proposes an FAR of 0.48:1 that does not comply with the General Plan. The applicant is requesting a General Plan Amendment to change Office/Research Park to Planned Community to accommodate the additional FAR. Deputy City Attorney Jason Reterrer stated the applicant would either have to reduce the building area or process a General Plan Amendment as findings for consistency with the General Plan cannot be made. Motion by Vice Chair Ratcliffe to continue the application to a date uncertain and re - notice, seconded by Commissioner Kerr. The motion passed by a vote of 3-0. G. NEW PUBLIC HEARINGS None H. OLD BUSINESS 1. CONTINUED CONSIDERATION: ARCHITECTURAL CONTROL (AC) 08-31, SPAULDING PROPERTIES (SYCAMORE BUSINESS PARK. A request for review of proposed removal of 19 Eucalyptus trees and a replanting plan located along the property line between the Business Park and City Hall. The project site is located at 32236 & 32244 Paseo Adelanto, generally located 1,680 feet south of Del Obispo Street (APN 668-101-13)(Applicant: Spaulding Properties)(Project Manager: David Contreras, Senior Planner). Staff Presentation and Recommendation Senior Planner David Contreras presented the staff report and stated the applicant proposes to remove 19 Eucalyptus trees along the property line between the Spaulding Business Park and City Hall. This request was first made in 1993 at which time the City elected to preserve the trees. Maintenance and chemical injection treatments have not helped eradicate the Red Gum Lerp Psyllid or the Tortoise Beetles. The applicant proposed a replacement plan includes 4 — 36" box Tristania conferta (Brisbane Box), 21 — 24" box Podocarpus, and 1 — 60" box Platanus racemosa (California Sycamore). At the August 26, 2008 Planning Commission meeting the Commission requested an arborist report and continued the item. An arborist report has been received from Evergreen Arborist who recommends removal of the trees. Mr. Contreras stated staff supports the application and requested that Condition #5 be included to refer the final replanting plan to the Design Review Committee (DRC) for action. Public Comments Matt Spaulding, 32866 Via Del Amo, San Juan Capistrano, CA spoke in support. PC Minutes 4 October 14, 2008 Richard Rodriguez, Rick's Tree Service in Rancho Margarita, CA spoke in support stating all trees are infected and should be removed. Planning Commissioner Questions and Comments Commissioner Kerr inquired if the replanting plan should come back to the Planning Commission or to the DRC, commented she appreciates the arborist report, and is concerned with appropriate replacement planting. Vice Chair Ratcliffe commented she likes the updated arborist report, requested being notified of the DRC review of the replant plan or refer the replant plan back to the Planning Commission, and is concerned with appropriate plant species and sizes. Chair Cohen inquired about a 100 year old tree, commented the arborist report is vague and provides a blanket review, inquired if any trees are salvageable, if all trees are infected, requested a standard checklist for arborist reports and cited the Belford Terrace Trail arborist report as a sample, and requested the replanting plan come back to the Planning Commission. Senior Planner Contreras commented the 100 -year old tree is near the rear of the property, staff can develop an arborist report checklist and condition #5 can be amended to return the planting plan to the Planning Commission. Motion by Vice Chair Ratcliffe to adopt Resolution 08-10-14-xx approving Architectural Control (AC) 08-31 and Tree Removal Permit (TRP) 08-104 amending Condition #5 to bring the replant plan back to the Planning Commission, seconded by Commissioner Kerr. The motion to approve passed by a 3-0 vote. I. NEW BUSINESS 1. WORK SESSION — ARCHITECTURAL CONTROL (AC) 08-21 VALLE RANCH SIGN PROGRAM. A request for approval of a comprehensive sign program for a developed office complex located at 33272, 33302, and 33332 Valle Road, generally located 1500 feet south of the southern end of Valle Road (APN 675-361-15)(Applicant: National Retirement Partners, Sean Kelly)(Case Planner: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report and stated the applicant is requesting approval of a sign program for the Valle Ranch office complex consisting of three buildings. The sign program includes two types of illuminated and non -illuminated 18 square foot building mounted signs, three signs per frontage per building not exceeding 86 square feet, multiple tenant suites in the same building may have two 30 square feet signs, and a 60 square foot monument sign at the entrance. Mr. Kirk summarized the proposed language in the sign program commenting it is consistent with both the existing sign code and proposed sign code. The DRC reviewed the sign PC Minutes 5 October 14, 2008 program on August 7, 2008 and forwarded comments identified in Attachment 1. Staff recommends that the Planning Commission provide comments, direct staff accordingly and continue the item to the next regular meeting on October 28, 2008. Public Comments None Planning Commissioner Questions and Comments Vice Chair Ratcliffe expressed concern with sign equity for condominiums, freeway signage, future tenants requests, font consistency, commented the Gates Building signs poor, and stated the Planning Commission may be setting a precedent, Commissioner Kerr requested visual samples identifying sign placement, commented the monument sign is acceptable, the sign program is a little lax, need sign scales and fonts, and that the applicant should submit materials and color samples. Chair Cohen commented he attended the DRC meeting, prefers visual elevations, minimal signs for offices as they are not to advertise, signs should compliment the building architecture, and that the Planning Commission must ensure a quality sign program. Chair Cohen requested elevations and/or renderings. By general consensus the item was continued to the next regular Planning Commission meeting on October 28, 2008 COMMISSION / STAFF COMMENTS Assistant Community Development Director Taylor congratulated Justin Kirk on being promoted from Assistant Planner to Associate Planner. Mr. Taylor commented on the memorandum from staff to the Planning Commission providing information on the following: • 10/2/08 DRC actions; • 10/7/08 City Council actions; • 10/16/08 DRC agenda items; • 10/21/08 City Council items; • 10/28/08 Planning Commission agenda items; • 11/13/08 Planning Commission agenda items; • Responses to Planning Commissioner inquiries from September 23, 2008. Chair Cohen commented on Ortega Highway eastbound at La Novia there should be a no U -Turn sign as cars frequently make unauthorized U-turns that are hazardous. Vice Chair Ratcliffe thanked staff for notifying Mojo Yogurt to remove reserved parking signs and commented on the attractiveness of San Juan Capistrano trees. Commissioner Kerr passed on comments. PC Minutes 6 October 14, 2008 ADJOURNMENT Chair Cohen adjourned the meeting at 8:04 p.m. Approved: Grant Taylor, Assistant Community Development Director f PC Minutes 7 October 14, 2008