PC Minutes-2007-05-0832400 PASP.O ADELANTO
SAN JUAN CAPISTRANO, CA 92675
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CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, MAY 8, 2007
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The meeting of the Planning Commission was called to order by Chairman
Cardoza at 7:00 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Tim Neely (arrived 7:04 p.m.)
Gene Ratcliffe
Commissioners Absent: None
Staff members in attendance: Steve Apple, Planning Director; Jason Retterer,
Deputy City Attorney; Justin Kirk, Assistant Planner; Sam Shoucair, Senior
Engineer; 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.
Vice Chairman Cohen asked that the items be considered separately.
San Juan Capistrano: Preserving the Past to Enhance the Future
Za Printed on 100% recycled paper
Planning Commission Minutes 2 May 8, 2007
1. APPROVAL OF PLANNING COMMISSION MINUTES OF APRIL 24
2007
Minutes of April 24, 2007: Vice Chairman Cohen moved approval, seconded by
Commissioner Ratcliffe, with the following modification to Commission
Comments: Vice Chairman Cohen said that if, in fact, Tannins Restaurant was
for sale or in escrow when it came before the Planning Commission, that fact
should have been disclosed. The motion passed by a vote of 3-0.
2. ARCHITECTURAL CONTROL (AC) 02-07 MODIFICATION #2
REAFFIRM THE ACTION TAKEN ON APRIL 24, 2007 TO DENY A SIGN
PROGRAM AND SCOREBOARDS FOR JSERRA HIGH SCHOOL, SOUTH
CAMPUS, AND APPROVE THE DRAFT RESOLUTION OF DENIAL.
(APPLICANT: JSERRA HIGH SCHOOL) (CONTINUED FROM THE MEETING
OF MARCH 27, 2007)
Motion
Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to affirm the
Planning Commission action on April 24, 2007 and approve Resolution No. 07-
04-24-01 denying the application by JSerra High School for a sign program and
scoreboards. The motion passed by a vote of 3-0.
PUBLIC HEARINGS
1. CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 86-03,
MODIFICATION #2 ZONE VARIANCE (ZV) 07-02: FRANCISCAN PLAZA -
CELEBRITY THEATRE; CONSIDERATION OF DESIGN MODIFICATIONS TO
THE BUILDING FA(tADE AND "BLADE" SIGN, AND A REQUEST FOR A ZONE
VARIANCE TO SECTION 9-3.303(C) OF TITLE 9, LAND USE CODE TO
ALLOW THE ROOF PARAPET TO EXTEND FROM A CURRENT MAXIMUM
HEIGHT OF 32'-0" TO 33'-0" WHERE THE CODE ESTABLISHES A 25'-0"
MAXIMUM HEIGHT IN THE "TC" (TOURIST COMMERCIAL) ZONE DISTRICT
LOCATED AT 26762 VERDUGO STREET (APPLICANT: PAUL DOUGLAS,
PACIFIC ENVIRONMENTAL)(ARCHITECT: ROBERT LINNAUS) (TO BE
CONTINUED TO MAY 22, 2007)
Chairman Cardoza opened the public hearing and asked if anyone in the
audience wished to address this item. Seeing no one step forward, Chairman
Cardoza closed the public hearing.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to continue
the item to the May 22, 2007 Planning Commission meeting. The motion passed
by a vote of 3-0.
OLD BUSINESS
Planning Commission Minutes 3 May 8, 2007
Me=
NEW BUSINESS
1. GRADING PLAN MODIFICATION (GPM) 07-01 ZONE VARIANCE (ZV)
07-05, A REQUEST FOR APPROVAL OF ZONE VARIANCE TO SECTION 9-
3.301 (RESIDENTIAL DEVELOPMENT STANDARDS) TO ALLOW A TWENTY
FIVE FOOT (25'-0") ENCROACHMENT INTO THE REQUIRED FIFTY FOOT
(50'-0") REAR -YARD SETBACK AND APPROVAL OF A GRADING PLAN
MODIFICATION TO CUT 10'-3" INTO A SLOPE IN ORDER TO CONSTRUCT A
3,852 SF DETACHED GARAGE. THE PROPERTY IS ZONED RESIDENTIAL
AGRICULTURAL (RA) WITH A GENERAL PLAN DESIGNATION OF VERY
LOW DENSITY. THE PROPERTY IS LOCATED AT 30522 HILLTOP WAY,
GENERALLY LOCATED 680 FEET EAST OF GOLDEN RIDGE (APN 650-171-
24) (APPLICANT: KEITH SHOOK)
Written Communications
May 8, 2007
Property Owner/Applicant
Keith Shook, 30522 Hilltop Way, San Juan Capistrano, CA 92675
Engineer:
Parvis A. Azar, M.Sc., PE, P. A. & Associates, 28 Edelman, Irvine, CA 92629
Architect:
Stan Schrofer, Stan Schrofer and Associates, 34932 Calle Del Sol, Ste. A,
Capistrano Beach, CA 92624
Staff presentation & recommendation
Mr. Kirk presented the staff report, saying the main issues raised by this project
are consistency with the Grading Plan Modification criteria established by
Section 9-2.323 of the Municipal Code and the consistency with the City's
Municipal Code as it addresses the requested Zone Variance, and the potential
impact of the project on all surrounding properties.
Staff recommends that the Planning Commission adopt a resolution approving a
Categorical Exemption and conditionally approving Grading Plan Modification
(GPM) 07-01 and Zone Variance (AV 07-05).
Mr. Apple said that before 2002 the standard rear yard setback was 25' and
properties could develop to 25'. Staff did not feel it was equitable to property
owners to wait until staff had the resources and time to move forward on this
issue.
Public Hearing
Planning Commission Minutes 4 May 8, 2007
Applicant Keith Shook, 30522 Hilltop Way, offered to answer questions
Commissioner Questions and Comments
Commissioner Ratcliffe asked where the retaining wall ends. Mr. Kirk showed
where the retaining wall starts and ends.
Vice Chairman Cohen asked if this project would go before the DRC. Mr. Kirk
said that typically residential conditions of this size are not brought to the DRC.
Chairman Cardoza asked if there are any public right-of-way easements
adjacent to trails. Mr. Kirk said the trail easement adjacent to the property is
remote from the development location.
Commissioner Ratcliffe said the retaining wall is near the adjacent property line.
Mr. Kirk said the neighbor was satisfied as lohg as the retaining wall would be
reviewed by the Engineering Department to meet all City requirements.
Chairman Cardoza suggested adding a Condition of Approval that staff could
choose to refer the landscape design for DRC review.
Commissioner Neely said that he could support the staff recommendation.
Stan Schrofer, Architect, Stan Schrofer and Associates, 34932 Calle Del Sol,
Suite A, Capistrano Beach, proposed that the Planning Commission approve the
structure and retaining wall since they are isolated, and that DRC review the
landscape concept.
Vice Chairman Cohen suggested that the landscaping Condition of Approval
wording could be revised so as not to hold up building permit issuance, and
leave it to the discretion of the Planning Director.
Mr. Apple suggested wording such as, "A final landscape design shall be
submitted to the Planning Department for review by the Planning Director prior to
issuance of the Certificate of Occupancy. If appropriate, planning staff is
authorized to defer the landscape plan to the DRC for further consideration."
Motion
Vice Chairman Cohen moved, seconded by Commissioner Neely, to approve
Resolution 07-05-08-1 adopting a Notice of Exemption and conditionally
approving Grading Plan Modification (GPM) 07-01 and Zone Variance (ZV 07-
05), for a proposed single-family home addition located at 30522 Hilltop Way,
with conditions that a final landscape design shall be submitted to the Planning
Department for review by the Planning Director prior to issuance of the
Certificate of Occupancy, and, if appropriate, planning staff is authorized to defer
the landscape plan to the DRC for further consideration. (Assessors Parcel
Number 650-171-24; Shook)
Planning Commission Minutes 5 May 8, 2007
AYES: Commissioners Neely and Ratcliffe, Vice Chairman Cohen,
Chairman Cardoza
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 4-0
2. CONTINUED WORKSESSION REVIEW OF DRAFT AMENDMENTS TO
SUBDIVISION SECTION OF TITLE 9 LAND USE CODE (CODE AMENDMENT
04.01)
Mr. Apple said that the substantial changes clarify procedures for processing
proposed subdivisions and altering legal property lines, rather than increasing or
decreasing subdivision widths, lengths, or lot sizes, or making it easier or harder
to divide open space.
Mr. Apple said that the City Attorney's office would like to review this section
further before it goes on to City Council.
Commissioner Ratcliffe asked for clarification of Section 9-4.115 Remedies on
page 3. Mr. Retterer said that staff may have incorporated some of the remedies
allowed under State law into the ordinance, and said the City Attorney's office
would look into it.
Commissioner Neely asked regarding Section 9-4.405 Certificates of Compliance
on page 24, if a property has been found not to be in compliance, could the City
deny a request for a Certificate of Compliance based on inability to meet current
standards.
Mr. Retterer said there has been a fair amount of case law regarding Certificate
of Compliance and that this would be explored in more detail. Commissioner
Neely asked to see any publishable analyses from the City Attorney's office.
Mr. Shoucair asked that the words "and the Planning Director" be added after
"The City Engineer" in Item (e) on page 24.
Mr. Apple said the City Attorney will review the concepts and schedule a
Planning Commission public hearing to review individual sections, and then take
those sections to the City Council.
Planning Commission Minutes 6 May 8, 2007
Chairman Cardoza asked if the next worksession is scheduled for May 22. Mr.
Apple suggested that both the Appendix and Land Use Codes be discussed on
June 12, 2007, and said that Ms. Bogh will be at the June 12 meeting.
Chairman Cardoza said it was previously suggested that language be
incorporated regarding some of our current standards regarding green methods,
water management, and sustainability.
3. COMMISSION VACANCIES
Mr. Apple said the City Clerk is advertising fulfillment of the Planning
Commission vacancy and asked for Commissioner input of any suggestions or
recommendations to fill the vacancy.
Chairman Cardoza asked if City Council has determined how they will proceed in
making these appointments. Mr. Apple said the City Council would be
appreciative of Planning Commission input, and the appointment process would
be visited by City Council.
COMMISSION/STAFF COMMENTS
Vice Chairman Cohen asked if staff directed the removal of the Tannins Lounge
sign. Mr. Apple said staff would report back on the matter.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 7:50 p.m.
The next regular meeting is scheduled for Tuesday, May 22, 2007, at 7:00 p.m.
in the Council Chambers.
Approved:
Apple, Plann
APPROVED
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