Loading...
PC Minutes-2007-03-1332400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx CALL TO ORDER • /i�. 4 MEMBERS OF THE CITY COUNCIL "i SAM ALLEVATO InlQ POROIED THOMAS W. HRIBAR 1 ESTBBlOO 1961 MARK NIELSEN r 1 776 JOE SOTO �+ DR. LONDRES USO MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, MARCH 13, 2007 The meeting of the Planning Commission was called to order by Chairman Cardoza at 7:10 p.m., followed by the Pledge of Allegiance to the Flag. Rnl I CAI I Commissioners Present: Robert Cardoza, Chairman Sheldon Cohen, Vice Chairman Joe Drey Gene Ratcliffe Commissioners Absent: Tim Neely (excused) Staff members in attendance: Steve Apple, Planning Director; Jason Retterer, Deputy City Attorney; William Ramsey, Principal Planner; David Contreras, Associate Planner; Sam Shoucair, Senior Engineer; Lynnette Adolphson, Management Analyst II; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None. CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will 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 Aan Capistrano: Preserving the Past to Enhance the Future Printed on recycled paper PC Meeting 2 March 13, 2007 Vice Chairman Cohen asked that the Consent Calendar items be considered separately. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF FEBRUARY 13, 2007. Minutes of February 13, 2007: Vice Chairman Cohen moved approval, seconded by Commissioner Drey. The motion passed by a vote of 3-0-1, with Chairman Cardoza abstaining due to his absence at the meeting. 2. ARCHITECTURAL CONTROL (AC) 07-02 TEMPORARY MASTER REAL ESTATE SIGN PROGRAM FOR TRACTS 15609 & 14196 PACIFICA SAN JUAN: REVIEW OF A PROPOSED TEMPORARY REAL ESTATE SIGN PROGRAM FOR THE PACIFICA SAN JUAN PLANNED COMMUNITY (PC), A 250 ACRE PLANNED RESIDENTIAL COMMUNITY SITUATED NORTH OF CAMINO LAS RAMBLAS AND EAST OF INTERSTATE -5 (APPLICANT: SUNCAL DEVELOPMENT, BRAD GATES) (REPRESENTATIVE: TOM MATTHEWS, CULBERTSON ADAMS ASSOCIATES) Vice Chairman Cohen asked if any violations that had occurred since the last Planning Commission meeting. Mr. Contreras said that there have been no incidents since the February 13, 2007 meeting. Motion Vice Chairman Cohen moved approval, seconded by Commissioner Ratcliffe, to adopt Resolution 07-3-13-1. The motion passed by a vote of 3-0-1, with Cardoza abstaining due to prior recusals from SunCal agreement issues. PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT (GPA) 06-02 AND ARCHITECTURAL CONTROL (AC) 06-21 SEASONS It: A GENERAL PLAN AMENDMENT AND ARCHITECTURAL CONTROL APPLICATION FOR A SENIOR CITIZEN AFFORDABLE PROJECT WITH 38 APARTMENT UNITS ON APPROXIMATELY 1.2 ACRES AT THE CORNER OF PASEO ESPADA AND RANCHO VIEJO ROAD (APPLICANT: SARAH WHITE, SIMPSON HOUSING SOLUTIONS, LLC). TO BE CONTINUED ON 3/27/07 PLANNING COMMISSION MEETING. Staff recommended continuance because plans were not received before the packet delivery deadline, and the applicant agreed to a continuance. Chairman Cardoza opened the public hearing, and seeing no one come forward, closed the public hearing. Motion PC Meeting 3 March 13, 2007 Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, that the item be continued to March 27, 2007 Planning Commission Meeting. The motion passed by a vote of 4-0. 2. CONSIDERATION OF REZONE (RZ) 06-02 HARBOR LANE HOMES: AN APPLICATION TO REZONE THE HARBOR LANE HOMES NEIGHBORHOOD FROM THE "RS -4,000" TO THE "SP" ZONE DISTRICT LOCATED ALONG THE EAST SIDE OF DEL OBISPO STREET SOUTH OF CAMINO DEL AVION, AND MORE COMMONLY REFERRED TO AS ASSESSOR PARCEL NUMBERS (APN) 668-181-01 THROUGH 668-186-28, INCLUSIVE (APPLICANT: HARBOR LANE HOMEOWNERS ASSOCIATION) Written Communications March 13, 2007 Applicants Harbor Lane Homeowners Association Board of Directors, c/o AMMCOR, 970 Calle Amanecer, San Clemente, CA 92673 Homeowner Representative Luis Rosas, CCAI, Property Manager, AMMCOR, 970 Calle Amanecer, San Clemente, CA 92673 Staff presentation & recommendation Mr. Ramsey presented the staff report, gave a brief history of the 2002 zoning change which eliminated opportunities for homeowners to construct additions to their homes, and referred to a posted map and aerial photograph. The HOA and Planning staff worked together on a proposal to allow the same addition construction opportunities that were in place prior to 2002. At a January 23, 2007 meeting residents were supportive of the proposal. Staff recommends that the Planning Commission adopt the draft resolution recommending City Council approval of a rezone from the "RS -4,000" to the "SP" (Specific Plan/Precise Plan) Zone District and the adoption of Specific Plan 06- 02, Harbor Lane Homes (see Attachment 1, Draft Planning Commission Resolution). Commissioner Questions and Comments Commissioner Drey inquired who had initiated the rezone. Mr. Ramsey indicated it was initiated by the HOA due to staff's inability to issue permits for new additions that would have been previously allowed before the new zoning map was adopted in 2002. Vice Chairman Cohen asked if, as a result of the revisions to the Land Use Code, other developments would suffer the same fate. Mr. Ramsey answered yes, and said that other developments may require a different approach. PC Meeting 4 March 13, 2007 Vice Chairman Cohen asked if a blanket rezone approach had been explored. Mr. Retterer said a rezone solution can be explored that may be better than individual variances. Mr. Apple said staff is gathering a list to map the breadth and depth to proactively approach this process. Mr. Ramsey said at times a variance is an appropriate mechanism to give relief to a homeowner. Chairman Cardoza asked for clarification of the lots involved. Mr. Ramsey pointed to the affected lots on the wall map. Commissioner Ratcliffe asked about the paragraph toward the top of page 3 relating to an 80% 2nd floor -to -15t floor ratio. Mr. Ramsey said they are developed to 60%-70%, and the standard adopted in 2002 eliminates the potential to build a second -story addition. Public Hearing Elayne Hoyle, 25728 Paseo Colonial, President of Harbor Lane HOA, spoke in favor of staff recommendation and said that residents are waiting for the outcome before applying to build additions, that the HOA review process monitors anything not in character with the community, and that the homeowners did not receive notice of the rezoning change. Nancy Taylor, 32932 Paseo Del Lucero, a realtor and resident of Harbor Lane Homes, spoke in favor of staff recommendation. Rich LaMee, 25726 Paseo Colonial, spoke in favor of staff recommendation and said that many people have built additions in the past and the rezoning caused a few residents to move out. Commissioner Questions and Comments Commissioner Drey said it was a shame that for a couple of years homeowners were restricted on what they could do. Vice Chairman Cohen extended apologies if the homeowners weren't given notice, and asked that staff address this globally to minimize the process for other HOAs and residents. Commissioner Ratcliffe said that her neighbors had done modifications prior to 2002 and agreed with Vice Chairman Cohen to work to minimize the process in the future. Chairman Cardoza asked that a map showing boundaries be included in the recommendation to the City Council. Motion PC Meeting 5 March 13, 2007 Commissioner Drey moved, seconded by Vice Chairman Cohen, to adopt Resolution 07-3-13-2 recommending City Council approval of a Negative Declaration and recommending approval of a Zoning Map Amendment to rezone the Harbor Lane Homes neighborhood from the "RS -4,000" to the "SP" zone district, located along the east side of Del Obispo Street south of Camino Del Avion, and more commonly referred to as Assessor Parcel Numbers (APN) 668- 181-01 through 668-186-28, inclusive, with the condition that a map be included showing boundaries (Harbor Lane Homeowners Association). AYES: Commissioners Drey, Ratcliffe, Vice Chairman Cohen, Chairman Cardoza NOES: None ABSENT: Commissioner Neely ABSTAIN: None The motion passed by a vote of 4-0. OLD BUSINESS None NEW BUSINESS 1. FOLLOW-UP CONSIDERATION OF FINAL GRADING AND ON-SITE IMPROVEMENT PLANS FOR ARCHITECTURAL CONTROL (AC) 06-01 CALLE ROLANDO VILLAS: A 27 -UNIT AFFORDABLE HOUSING CONDOMINIUM PROJECT ON 2.7 ACRES LOCATED AT THE EASTERN TERMINUS OF CALLE ROLANDO. (APPLICANT: HABITAT FOR HUMANITY OF ORANGE COUNTY, INC.) Written Communications March 13, 2007 Applicant Habitat for Humanity of Orange County, Inc., 2200 South Ritchey, Santa Ana, CA 92705 Property Owner San Juan Capistrano Community Redevelopment Agency, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Architect BBG Architects, 20371 Irvine Avenue, Suite 120, Santa Ana, CA 92707 PC Meeting 6 March 13, 2007 Chairman Cardoza recused himself since his firm was involved in the project. Vice Chairman Cohen announced the item. Staff presentation & recommendation Ms. Adolphson presented the staff report and said the project received its entitlements in September 2006 from the City Council, and one of the conditions of approval required that final plans come back for Planning Commission consideration prior to entering plan check. Grading plans are consistent with the initial conceptual grading plans submitted in September 2006. There is a 1 -to -4 - foot grade differential between this project and the mobile home park immediately to the north. The final landscape and irrigation plans proposal includes 24" boxed trees. The perimeter boundary will consist of 6' high masonry walls. A structurally unsafe wall adjacent to the mobile home park will be demolished and rebuilt by Habitat for Humanity. An issue referred to in a letter from a mobile home park resident as been resolved. This is not a public hearing. Residents within 500 feet of this project continue to be notified regarding this project. Commissioner Questions and Comments Commissioner Ratcliffe asked if there will be a provision to prevent flooding in the mobile home park. Ms. Adolphson said the retaining wall and fencing will address flooding, and will not affect drainage in the mobile home park. Mr. Mark Korando, representing Habitat for Humanity Orange County, 2200 South Ritchey Street, Santa Ana, said the project does not change the drainage pattern on the mobile home site. The applicant has concerns about grading that has taken place by some mobile home park residents who have filled in a "V" area at the northeast corner blocking an area that the applicant believes should be unblocked to provide drainage. The applicant believes that it is the responsibility of the mobile home park to maintain their drainage. Vice Chairman Cohen asked if anyone from the audience would like to speak even though this is not a public hearing. Seeing no one come forward, he proceeded with Commissioner Comments. Commissioner Drey said he is pleased that half of the homes are for combat veterans. Vice Chairman Cohen asked if staff is in contact with the mobile home park. Ms. Adolphson said a letter could be sent to mobile home park residents who have filled in their back yards with dirt. Motion Commissioner Ratcliffe moved, seconded by Commissioner Drey, to adopt Resolution No. 07-3-13-3 approving the final grading and on-site improvement PC Meeting 7 March 13, 2007 plans for Tentative Tract 17027, a 27 -unit affordable condominium project on a 2.7 acre parcel located at the easterly terminus of Calle Rolando (Assessors Parcel Numbers 668-421-03 and 04) (Habitat for Humanity of Orange County, Inc.) AYES: Commissioners Drey, Ratcliffe, Vice Chairman Cohen NOES: None ABSENT: Commissioner Neely ABSTAIN: None RECUSED: Chairman Cardoza The motion passed by a vote of 3-0, with Chairman Cardoza recused Vice Chairman Cohen returned the gavel to Chairman Cardoza. 2. LAND USE CODE AMENDMENT — WORK SESSION ON DRAFT TREE REVISIONS Mr. Contreras said Planning Commissioners will receive the Accessory Structure section within the next week. The City Attorney's office will be reviewing Section 9-2.349 Tree removal permit (page 54). Language has been added to consider using more California native/friendly trees and a tree selection guide tailored from the City of San Diego has been included. Vice Chairman Cohen referred to pages 55 and 59, and voiced concern about a relaxed standard regarding what constitutes an immediate hazard or threat to public health, safety, etc. The previous emergency language appears to have been replaced by more subjective language allowing the Fire Authority or Sheriffs Department to grant a tree removal permit. Mr. Contreras said the Sheriffs Department and Fire Authority had authority to remove the Pepper tree from the right-of-way at the Mission, and said that staff would bring back language that addresses concerns mentioned this evening. Commissioner Ratcliffe asked for clarification of the definition of the Heritage tree on page 58 regarding Eucalyptus trees. Mr. Contreras said Eucalyptus is not on the Heritage tree list since it was an introduced exotic. Mr. Contreras said that the wording "or as otherwise designated by the Planning Commission" has been added in order to consider trees not included in the list. Chairman Cardoza asked how the new wording is friendlier to the average homeowner. Mr. Contreras said if the tree is located in the rear yard and is not considered a Heritage tree, the homeowner does not have to apply for a tree PC Meeting 8 March 13, 2007 removal permit. Mr. Contreras said if the tree is located within a front yard or on a street side yard (a corner lot) or any setback adjacent to a public or private right- of-way or trail, that property owner would have to apply for a tree removal permit. Mr. Contreras referred to the four criteria for tree removal on page 58 that provide more latitude for the property owner. Commissioner Ratcliffe asked if the fines listed on page 59 are to be paid by the homeowner rather than the tree removal company. Chairman Cardoza asked for clarification of fines per violation. Mr. Retterer said that legal and City staff need to address the legal issues involved in enforcement and penalties. Commissioner Ratcliffe asked if fines accrue with each day the violation occurs. Mr. Contreras said the fine would apply to each tree as an infraction, and every day the violation occurred beyond the stop work order. Mr. Retterer said that some redundancies could be eliminated. Chairman Cardoza asked about a tree preservation provision pertaining to excessive trimming. Mr. Contreras said a section will be added to address topping and excessive trimming. Vice Chairman Cohen asked if double and treble damages are applied regarding a neighbor cutting his neighbor's tree. Mr. Retterer said there are Civil Code sections that address such remedies. Mr. Contreras said the City does not have a view protection ordinance. Commissioner Ratcliffe said that San Diego is mentioned on page 5 of the Tree Selection Guide, and asked about native trees being designated as needing additional maintenance. Mr. Contreras said it could be referring to over -watering. Vice Chairman Cohen and Commissioner Ratcliffe said the red color is difficult to read. Vice Chairman Cohen recommended that future sections contain only the re -write in red. Chairman Cardoza suggested setting apart categories and sections by bolding or highlighting. Commissioner Ratcliffe suggested a link to an authoritative site with tree photos. Mr. Contreras said that page 1 of the Tree Selection Guide refers to a similar link. Chairman Cardoza suggested flagging fire resistant trees. Mr. Contreras said that Accessory Structures would be reviewed at the next meeting according to the schedule on page 1 of the binder. A review session of Trees revisions will be scheduled. Once the Planning Commission makes recommendations on the individual sessions, the City will send press releases before Planning Commission takes final action approving the entire revamp of PC Meeting 9 March 13, 2007 the Code before it goes to City Council. A binder is available at City Hall for the public to review. COMMISSIONISTAFF COMMENTS Vice Chairman Cohen asked for comments from Mr. Apple. Mr. Apple said he likes the sense of community and civility that citizens and businesses are offering to each other, and the work and volunteer efforts of commission and committee members. There are opportunities to excel while looking toward the future and preserving the past, to address community compatibility, traffic issues, maintaining the village sense of place and being a fiscally sustainable community. Commissioner Ratcliffe said she met with Ziad and Francine from Water Conservation about an interesting project to enhance the current City Hall with a series of small demonstration gardens and California friendly landscapes. Chairman Cardoza said this City complex could provide a unity of form and pleasant spaces, and that volunteers and sponsorships are being sought. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:53 p.m. The next regular meeting is scheduled for Tuesday, March 27, 2007, at 7:00 p.m. in the Council Chambers. Approved: Steve Apple, Plann' it or APPROVED L 4-7101