PC Minutes-2007-03-2732400 PASEO AIDELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
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CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, MARCH 27, 2007
MEMBERS OF THE CITY COUNCIL
SAM ALL✓=VATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The meeting of the Planning Commission was called to order by Chairman
Cardoza at 7:04 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Joe Drey
Tim Neely
Gene Ratcliffe
Commissioners Absent: None
Staff members in attendance: Steve Apple, Planning Director; Jason Retterer,
Deputy City Attorney; William Ramsey, Principal Planner; Larry Lawrence,
Consulting Planner; William Cunningham, Contract Planner; Douglas Dumhart,
Economic Development Manager; 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 Juan Capistrano.- Preserving the Past to Enhance the Future
Q* Prcnted on 100% recycled paper
PC Meeting 2 March 27, 2007
Vice Chairman Cohen asked that the items be considered separately.
1. APPROVAL OF PLANNING COMMISSION MINUTES OF FEBRUARY
27, 2007
Minutes of February 27, 2007: Commissioner Drey moved approval, seconded
by Vice Chairman Cohen. The motion passed by a vote of 4-0-1, with
Commissioner Neely abstaining due to his absence at the meeting.
2. APPROVAL OF PLANNING COMMISSION MINUTES OF MARCH 13
2007
Minutes of March 13, 2007: Vice Chairman Cohen moved approval, seconded by
Commissioner Ratcliffe. The motion passed by a vote of 4-0-1, with
Commissioner Neely abstaining due to his absence at the meeting.
PUBLIC HEARINGS
1. GPA 06-02 AND AC 06-21: SEASONS II: 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 FOR SEASONS SJC II,
L. P.)
Written Communications
March 27, 2007
Applicant
Sarah White, Simpson Housing Solutions, LLC, 320 Golden Shore, Suite 200,
Long Beach, CA 90802
Architect:
Manny Gonzalez, KTGY Group, 1411 5th Street, Suite 300, Santa Monica, CA
90401
Staff presentation & recommendation
Mr. Lawrence presented the staff report and said the apartment site is adjacent
to and under the same management as the Seasons I apartment site. The CRA
approved an agreement for purchase of the property. The City Council adopted
Mitigated Negative Declaration (MND), GPA and affordable housing plan
allocation for the project, subject to discretionary development review. The DRC
reviewed the project January 18, 2007 and February 15, 2007, and after
architectural refinements relating to the balcony elements and landscaping
changes, the DRC forwarded the project to the Planning Commission with a
recommendation of approval. The property is designated "General Commercial'
PC Meeting 3 March 27, 2007
on the General Plan Map. Therefore, the project requires a General Plan
Amendment to "Affordable Family/Senior Housing."
Staff recommends that the Planning Commission open the public hearing and
receive testimony; adopt a resolution forwarding the General Plan Amendment
and Architectural Control application to the City Council with recommendations of
approval.
Commissioner Questions and Comments
Commissioner Cohen asked how has Seasons I parking number of units and
parking spaces worked over history. Mr. Lawrence said that during his site visits
the number of parking spaces seemed to be totally sufficient and that staff is not
aware of any parking issues in the area.
Commissioner Cohen asked the reason for the reduction in setback and parking,
and asked how many units would be lost with a 30' setback. Mr. Lawrence said
the reduction in setback has to do with the odd shape of the property, and that 2-
4 units may be lost with a 30' setback.
Commissioner Ratcliffe asked if residents would have direct access to the bus
stop. Mr. Lawrence said that residents would not have direct access to the bus
stop.
Commissioner Drey asked if San Juan is getting close to the affordable housing
unit goal. Mr. Dumhart said very few view coastal Southern California cities
would meet those standards.
Chairman Cardoza asked the number of affordable housing units required. Mr.
Dumhart said we are not near the 1,100 units we're being asked to provide in the
next five years.
Vice Chairman Cohen asked if tenants can be restricted to San Juan Capistrano
residents. Mr. Apple said that tenants cannot be restricted to San Juan
Capistrano residents.
Vice Chairman Cohen asked about the setback of Seasons I. Mr. Lawrence said
Seasons I has the 30 -foot setback and a rectangular -shaped parcel.
Chairman Cardoza asked the age restriction for tenants. Mr. Lawrence said age
55. Mr. Dumhart said Phase I had an age restriction of 62, and that City Council
changed Phase II to an age restriction of 55.
Public Hearing
Applicant Sarah White, Project Manager, Simpson Housing Solutions, said that
Phase I has 112 units and 110 parking spaces, that 91 tenants are assigned
PC Meeting 4 March 27, 2007
parking spaces at a parking ratio of .81. The applicant is now proposing a ratio of
.84. Parking has never been an issue.
Jesse Green with SWCE Civil Engineering, 1740 E. Garry Ave. #112, Santa Ana,
said there will not be direct access to the bus stop because of the grade
differential.
Commissioner Neely asked the purpose of the fence on top of the tubular steel
fence around the perimeter of the property. Mr. Green said that the masonry
stucco fence on top will provide safety and security.
Chairman Cardoza asked Blake Hinman of Lantex Inc. to describe the
landscaping. Mr. Hinman said the plant pallet and retaining wall for both Seasons
I and Seasons II projects will blend together.
Vice Chairman Cohen asked about the minimum age and about other properties
in the area. Mrs. White said currently occupancy is 97 percent and 4 units on the
second floor are vacant. There is a two-year first floor waiting list, and that
economically the property could be operating at a better level. The company
operates similar housing properties in Norwalk and Torrance.
Vice Chairman Cohen said he is concerned about sufficient parking, asked the
monthly income derived from these units, and what would be the impact if 2-4
units were not built. Mrs. White said she checked with the architect, and a 30,
setback would result in the loss of 8 units, which would have a negative impact
on the feasibility of the project.
Chairman Cardoza asked the square footages per unit and number of bedrooms.
Mrs. White said there would be 30 one -bedroom 550-600 sq. ft. units and 8 two-
bedroom 777 sq. ft. units.
Commissioner Comments
Commissioner Drey said the site is compatible with the surrounding land uses,
and that he is in favor of the proposed plan.
Vice Chairman Cohen thinks the GPA is appropriate for the use of this property,
but is concerned about the adequacy of the parking and the 20 -foot setback
without a comparison of similar senior projects in the area.
Commissioner Neely asked if the parking circle configuration was examined for
line of site distance. Mr. Lawrence said it was not.
Commissioner Neely asked if state law deals with concessions to be granted an
age -restricted project. Mr. Lawrence said concessions are granted based on the
percentage of the affordable units in a particular project.
PC Meeting 5 March 27, 2007
Commissioner Neely said he supports a GPA to provide for this use and said he
would like to see more data to substantiate the parking needs. Commissioner
Neely said he would like the sidewalk details, landscape and lighting plans to be
brought back to the DRC for resolution of some of the design issues.
Commissioner Ratcliffe voiced concern regarding pedestrian accessibility to the
bus stop, and would like to see some of the details go back to the DRC.
Chairman Cardoza said the item could be recommended to the City Council and
conditioned to be brought back to the DRC.
Vice Chairman Cohen said he wants to be satisfied that the parking pencils out,
and asked that the item be continued. Mr. Dumhart asked that the GPA be
moved along since this project doesn't go forward without getting California tax
credits; the two tax credit rounds are in March and July, and require General Plan
consistency and zoning consistency.
Commissioner Neely asked if there are findings that need to be made if the
requested concessions are denied. Mr. Retterer said that you have to grant the
concession requested by the applicant unless certain findings are made
supported by evidence supported in the record.
Vice Chairman Cohen asked if taking away from landscape to create the
appropriate number of parking spaces would be an appropriate action. Mr.
Retterer said it would be the decision of the Planning Commission to determine if
the facts support those findings.
Commissioner Neely asked if this does move forward, at what point the density
bonus considerations would be acted upon by the City. Mr. Retterer said the
issues could be handled in the architectural control stage.
Chairman Cardoza said the GPA could move forward as an action item and the
AC could move forward subject to conditions as have been stated. The City
Council could elect to not accept the conditions or abide by the conditions that it
be returned to the DRC as well as the Planning Commission.
Vice Chairman Cohen said he does not like to get a project at the eleventh hour.
Mr. Lawrence asked for clarification of City documentation needed. Vice
Chairman Cohen said that he wants to make sure the parking demand is going to
run as stated.
Motion
Commissioner Neely moved, seconded by Commissioner Ratcliffe, to adopt
Resolution No. 07-3-27-1 forwarding General Plan Amendment GPA 06-02 and
Architectural Control AC 06-21 for Seasons 11 Senior Apartment Project to the
PC Meeting 6 March 27, 2007
City Council with a recommendation of approval, with the conditions that 1) the
additional parking information from the applicant and the City's documentation of
other affordable senior housing in the community be presented to the City
Council for determination of parking adequacy, and 2) lighting, landscaping, and
other hardscape elements such as walls and sidewalks be brought back to the
DRC and Planning Commission.
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chairman Cohen,
Chairman Cardoza
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 5-0.
2. CODE AMENDMENT CA 07-01: AN AMENDMENT TO THE
CITY'S LAND USE CODE TO PROVIDE SIGN REGULATIONS FOR OFFICE
COMPLEXES AND SIMILAR DEVELOPMENTS. (PROJECT MANAGER:
LARRY LAWRENCE, CONSULTING PLANNER) PC DISCUSSION AND WILL
BE CONTINUED ON 4/10/07 PLANNING COMMISSION MEETING FOR
FURTHER STUDY.
Written Communications
March 27, 2007
Staff presentation & recommendation
Mr. Lawrence said the City's Land Use Code does not presently provide specific
sign regulations for office complexes and similar projects.
Staff recommends Planning Commission review the draft code amendment,
direct changes if desired, and continue the item to the meeting of April 10, 2007
for further study.
Public Hearing
Mrs. Yvonne Tchaikovsky, a resident of San Juan Capistrano, read a letter from
Mr. Robert King, President, of Save our San Juan, objecting to the proposed sign
program and Code Amendment.
Commissioner Comments
Commissioner Neely said he thought the proposed Code Amendment would
largely prohibit freeway signage for office type uses.
PC Meeting 7 March 27, 2007
Vice Chairman Cohen said that he would like to see more discretionary review of
office park signage.
Commissioner Ratcliffe said she is in support of a restrictive sign program.
Commissioner Drey voiced concern about individual tenants being allowed 18
square feet. Mr. Lawrence said 18 sq. ft. signage is the standard maximum per
tenant in the office commercial district.
Commissioner Drey said office use doesn't need the same size sign as a
commercial center. Mr. Lawrence said in a project like the Von's Center it is
difficult to distinguish between uses. Commissioner Drey said that Mammoth has
two large buildings with a number of tenants. Mr. Lawrence said the sign
program allows for projects with entrances visible from the street, and that staff is
seeking direction from the Planning Commission as to the appropriate maximum
size of signage for pedestrian oriented signs and if they should be allowed to be
fit.
Vice Chairman Cohen said there should be no exterior individual tenant signage
in office park buildings, illuminated or otherwise, and that he would like to leave
signage to the discretion of the Planning Commission.
Chairman Cardoza said signage is relative to the size of the building or wall, and
that lighted signs could be reviewed by the DRC or Planning Commission.
Chairman Cardoza asked for examples of signs to be provided. Mr. Apple said
staff can provide addresses and examples of signs around town.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Drey, to continue the
item to the meeting of April 24, 2007 for further study. The motion passed by a
vote of 5-0.
Chairman Cardoza called for a recess at 8:41 p.m. and reconvened the meeting
at 8:55 p.m.
OLD BUSINESS
1. ARCHITECTURAL CONTROL (AC) 02-07 MODIFICATION #2: AN
APPLICATION TO APPROVE A SIGN PROGRAM AND SCOREBOARDS FOR
JSERRA HIGH SCHOOL, SOUTH CAMPUS, LOCATED ON THE NORTHEAST
CORNER OF JUNIPERO SERRA ROAD AND CAMINO CAPISTRANO, AND
IDENTIFIED AS AP NOS. 649-011-025 AND 030. (APPLICANT: JSERRA HIGH
SCHOOL)
Written Communications
March 27, 2007
PC Meeting 8 March 27, 2007
Applicant
Randall Boone Signs, 919 Calle Amanecer, San Clemente, CA 92673
Owner
Pueblo Serra Worship Holdings, 26351 Junipero Serra Road, San Juan
Capistrano, CA 92675
Architect:
Gregg Nutt, Knitter & Assoc., 20151 SW Birch, Ste. 100, Newport Beach, CA
92660
Staff presentation & recommendation
Mr. Cunningham presented the staff report saying the original approval for
JSerra High School by City Council in August 2002 included a condition that the
sign program be returned to the DRC for review. The original sign program from
the applicant had elements not consistent with the sign code. Ms. Bogh then
recommended that the applicant combine both the sign program and
scoreboards into a modification application permit.
Because there are two component parts, Mr. Cunningham discussed the sign
program and scoreboard components separately.
Sign Program: The DRC revised the sign program eliminating one corner
monument sign, and recommending two 4' high monument signs of masonry
construction.
Scoreboards: Staff advised the applicant to reduce the number and size of the
scoreboards, and continue to work with the DRC.
Staff recommends that the Planning Commission adopt a resolution conditionally
approving Architectural Control (AC) 02-07 Modification #2.
Commissioner Questions and Comments
Vice Chairman Cohen asked if the EIR is sufficient in addressing these types of
issues. Mr. Cunningham said that it is staff's position that the EIR addressed
scoreboards.
Vice Chairman Cohen asked if there are any issues with the sufficiency of the
EIR in addressing illumination of scoreboards. Mr. Retterer said he hasn't
reviewed the EIR, but from a CEQA standpoint you only have to do a new
subsequent EIR if your project modifications require major revisions to the EIR
due to a new significant impact or a substantial increase in the severity of some
previously identified impact.
PC Meeting 9 March 27, 2007
Vice Chairman Cohen asked if the original signage was in connection with the
football field and track and now we're looking at signage for the swimming pool,
tennis courts, football, and softball fields, is that significant? Mr. Cunningham
said staff felt it was consistent with the original EIR.
Vice Chairman Cohen asked when the sports complex would be completed and
if the pool came back to the Planning Commission. Mr. Cunningham said they
are in plan check and the school is waiting for sufficient donations prior to pulling
the permit. The pool, landscaping, lighting, sports complex, and main gymnasium
all came back for DRC review.
Chairman Cardoza asked if staff did comparative analyses of other campus
activities. Mr. Cunningham said that staff looked at Capistrano USD schools and
St. Margaret's.
Vice Chairman Cohen asked if the other schools had significantly large sponsor
panels. Mr. Cunningham said there were no sponsor panels at CUSD or St.
Margaret's.
Vice Chairman Cohen asked about the Joint Use Agreement and use of the pool
facilities. Mr. Cunningham said that Karen Crocker said the City did not have a
need to use the pool since the pool does not have a 36" depth area needed to
teach a life saving/first aid class.
Vice Chairman Cohen asked the status of per -student tax funds to the City. Mr.
Cunningham said there is a per -student tax in the Development Agreement and
that the first 571 student plateau had been reached.
Chairman Cardoza asked about the liability issue regarding the use of the pool.
Mr. Cunningham said that Karen Crocker said the design of the pool did not
meet City criteria.
Applicant Mrs. Dana Boone of Randall Boone Signs said the fence height was
lowered from 6' to 4' and that scoreboard sizes have been reduced.
Mr. Cunningham said the Planning Commission could condition the motion to
have the wall signage lighting come back to the DRC.
Applicant Mr. Randall Boone said that other schools in the area have large signs
and scoreboards and that the State governs public schools.
Chairman Cardoza asked if notice was sent to residents and Native American
organizations. Mr. Cunningham said that notice was sent to residents and HOAs
within a 500 foot radius and that he would look to see if notice was sent to the
MLD.
PC Meeting 10 March 27, 2007
Mr. Cunningham said all the conditions of approval would continue to apply to
this project including the requirement that any time there is digging in the impact
area, there has to be an archeologist, paleontologist, and a representation of the
MLD at the site any time that excavation is done.
Mr. Boone said the applicant has given a lot of thought of placement of
scoreboards so as not to impact the Indian burial grounds.
Commissioner Drey said that he was at the last DRC meeting where the height
and number of signs were reduced.
Vice Chairman Cohen asked to see the original AC that was approved, a staff or
counsel's opinion as to if what was previously approved requires a supplemental
EIR or action, a memo from Karen Crocker regarding why the pool is not the
subject of a Joint Use Agreement, and further analysis as to whether or not
sponsorship signs are typical in the private sector.
Commissioner Neely said the applicants have responded to the comments of
staff and the DRC, except for the softball sign adjacent to the casitas, the foul
ball pole sticking up, and sign lighting visible from the freeway. Since there is
substantially more signage than originally approved, Commissioner Neely asked
for Planning Commissioner feedback regarding City Council involvement.
Commissioner Ratcliffe voiced concerned with the size of the softball and football
signs and said she would like to remove the sponsorship panels. St. Margaret's
and private schools are adjacent to stables and commercial properties, whereas
JSerra is adjacent to established neighborhoods. Commissioner Ratcliffe agrees
with Vice Chairman Cohen on the need to revisit the Joint Use Agreement
regarding the use of the pool.
Chairman Cardoza said the Planning Commission could take each component
and approve it, deny it and pass it on, or continue.
Vice Chairman Cohen asked if the Planning Commission denied the original AC
application. Mr. Cunningham said that the action by the Planning Commission
was deny, however there was a Development Agreement that had to go on to
City Council, and the applicant appealed the AC along with that.
Mr. Cunningham asked the prior City Attorney if City Council is the ultimate
decider. The answer was that the Planning Commission would make the
determination on this even though it is an amendment. However, there is the
appeal process.
Commissioner Neely asked if the applicant would support the motion for
continuance or would take a denial and go to City Council. Mr. Boone said he is
PC Meeting 11 March 27, 2007
unfamiliar with the denial process and asked what happens if it is denied by City
Council.
Vice Chairman Cohen asked if the applicant would prefer denial or come back to
try and work it out. Mr. Boone said he would like to come back and that the only
problems are the softball sign sticking up 2 feet and the football sign.
Councilman Londres Uso said that whatever the Planning Commission's
decision is, it may not be the end of the road for this project.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to continue
the item to the meeting of April 24, 2007 in order for the applicant to bring further
information including an estimate of the dimensions of the other campus signs
and scoreboards in the area, and for staff to bring the original Architectural
Control, a letter by the City Attorney regarding if staff or counsel's opinion
requires supplemental EIR action, a memo from the Park and Recreation
Director as to why the pool is not the subject of a Joint Use Agreement, and
information regarding sponsorship at similar schools on signs or scoreboards,
with meeting notice provided to the Native American organization and residents
and HOAs within a 500 foot radius.
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chairman Cohen,
Chairman Cardoza
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 5-0.
NEW BUSINESS
1. WORK SESSION LAND USE CODE AMENDMENT — ACCESSORY
USES AND STRUCTURES
Mr. Ramsey discussed the Accessory uses and structures information provided.
Commissioner Neely asked for staff to highlight in the staff report areas that
might be preempted by State law. Mr. Retterer said that in the future, staff can
highlight areas that might be preempted by State law and identify areas where
the Planning Commission might have some discretion in developing standards
depending on the subject matter of the Code Amendment.
PC Meeting 12 March 27, 2007
Motion
Vice Chairman Cohen moved, seconded by Commissioner Drey, to Continue the
Work Session on Accessory uses and structures to the meeting of April 24, 2007.
The motion passed by a vote of 5-0.
COMMISSION/STAFF COMMENTS
Commissioner Drey asked the date for completion of the alignment for La Novia
and Valle Road. Mr. Ramsey said that final plans have been designed and
approved by the City Engineer and construction should start by the end of the
year.
Vice Chairman Cohen asked staff to look at St. Margaret's lighting at night. Mr.
Ramsey said a light meter would be used for measurement.
Commissioner Ratcliffe asked if progress had been made regarding the need for
a La Novia crossing guard at St. Margaret's. Mr. Ramsey said he will check with
Alan Oswald.
Commissioner Neely mentioned the building with the hole in it at the business
park off Rancho Viejo Road.
Chairman Cardoza said the Planning Commission or DRC needs to have an
opportunity to review capital improvement projects. Chairman Cardoza asked
Commissioners to fill in their fair political practice statements.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 10:33 p.m.
The next regular meeting is scheduled for Tuesday, April 10, 2007, at 7:00 p.m.
in the Council Chambers.
Approved
Steve Apple, Plan