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