PC Minutes-2007-03-1332400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
CALL TO ORDER
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MEMBERS OF THE CITY COUNCIL
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SAM ALLEVATO
InlQ POROIED
THOMAS W. HRIBAR
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1961
MARK NIELSEN
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JOE SOTO
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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