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PC Minutes-2007-08-1432400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx WWW. sanlJuancapistrano. org CALL TO ORDER ST% � MEMBERS OF THE CITY COUNCIL — j� G �_ R(BRPBRRTEB SAM ALLEVATO ® (STRBLISH(D 1961 THOMAS W. HRIBAR MARK NIELSEN 1776 JOE SOTO ®p • DR. LONDRES USO MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, AUGUST 14, 2007 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 Ginny Kerr Tim Neely Gene Ratcliffe Commissioners Absent: None Staff members in attendance: Grant Taylor, Assistant Planning Director; William Ramsey, Principal Planner; Eric Bauman, Water Services 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 i� Printed on recycled paper PC Meeting Minutes 2 August 14, 2007 1. APPROVAL OF PLANNING COMMISSION MINUTES OF JULY 10 2007 2. APPROVAL OF PLANNING COMMISSION MINUTES OF JULY 16 2007 Minutes of July 10, 2007 and July 16, 2007: Vice Chairman Cohen moved approval, seconded by Commissioner Kerr. The motion passed by a vote of 5-0. 3. APPROVAL OF PLANNING COMMISSION MINUTES OF JULY 24 2007 Minutes of July 24, 2007: Commissioner Ratcliffe seconded by Commissioner Kerr. The motion passed with Vice Chairman Cohen and Commissioner Neely their absence at the July 24, 2007 meeting. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS moved approval, by a vote of 3-0-2, abstaining due to CONSIDERATION OF A RECOMMENDATION ON CERTIFICATION OF THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (PEIR) FOR THE NON-DOMESTIC/RECYCLED WATER MASTER PLAN UPDATE (CIP# 792) Written Communications August 14, 2007 Staff presentation & recommendation Mr. Ramsey presented the staff report and said that staff recommends that the Planning Commission recommend City Council certification of the Final Program Environmental Impact Report for the Non-Domestic/Recycled Water Master Plan Update. Mr. Ramsey said that Eric Bauman, Water Services Manager, and Paul Boxseth of Heatherington Engineering are here this evening to answer questions, but unfortunately ESA Associate Lisa Davidson is no longer with ESA. Vice Chairman Cohen said that he would like to have a representative of ESA present. Chairman Cardoza asked for clarification of the time frame. Mr. Ramsey said that the EIR needs to be certified by the City Council in early November 2007 in order to be within one year of the decision to prepare the EIR. Chairman Cardoza PC Meeting Minutes 3 August 14, 2007 encouraged the public to make comments at the Planning Commission meeting at which this item may be continued. Mr. Bauman said that the surrounding water districts do not have excess domestic capacity to supply the needs of San Juan for the recycled water system. The San Juan domestic system is capable of meeting our needs if the recycled water system is enacted. Mr. Bauman said that Mr. Tom Barnes of ESA will be available at the next Planning Commission meeting. Chairman Cardoza opened the item for public comments. Mary Ann Tucker, 28028 Paseo Alba, spoke in opposition to the long-term project due to the massive roadwork, noise, air pollution, and excessive costs involved. She suggested implementing conservation measures and consolidating with other water districts. Jack Chestwick, resident on Sierra Ribal, spoke in opposition to the EIR, said the R1 reservoir is on a fragile landslide and ridgeline area, and provided photographs and a letter to the dais. Mr. Ramsey showed the location of the R1 reservoir on the map provided to the Planning Commission. Commissioner Questions and Comments Vice Chairman Cohen said the preparer of the document would be best qualified to respond to residents' questions. Mr. Ramsey said responses to residents' and agencies' comments during the public review process are included in the proposed Final EIR. Chairman Cardoza asked if reservoir sites could be relocated in order to address geotechnical problems and concerns. Mr. Ramsey said yes, and that it will take more detailed geotechnical analysis of the suitability of a specific reservoir site. Vice Chairman Cohen asked if it is ultimately determined that a proposed site was not the ideal site for a reservoir, what type of environmental review would be required before an alternative site would be approved? Mr. Ramsey said if a new site were identified, the environmental document would have to be updated and re -circulated for public review. Chairman Cardoza asked for clarification of alternate locations and amount of demand. Mr. Bauman said about two-thirds of the demand is current. The options for recycled water reviewed were 1) use of imported domestic water, 2) expand the supply from non-domestic wells and supplement using imported water, and 3) a no project alternative which would eventually involve a rationing system. Mr. Bauman said the system has to be shut down for repair and we need to plan on an average of seven days of reservoir storage. The capabilities of our ground water basin would be better utilized for domestic water rather than for irrigation use. PC Meeting Minutes 4 August 14, 2007 Mr. Ramsey asked the Commissioners to email any questions and said that he would forward questions to Eric Bauman and Tom Barnes so they can provide written supplemental information regarding issues in question. Commissioner Neely said the Planning Commission is being asked to tell the City Council whether or not this EIR gives them enough information to make an appropriate decision on the over-all system. This site in question warrants special attention. The geological report mentions Site 2A, but there is not equivalent data between the analyses of Site 1A versus Site 2A. There is some justification for an evaluation of a comparative analysis between Site 1A and 2A or others to provide City Council with a level of confidence. Since the geological report and supplemental report was done by the same engineering firm, it would be in the City's best interest to get an independent peer review of the final conclusions. Chairman Cardoza asked staff to respond to Commissioner Neely's concerns. Chairman Cardoza asked if an alternate location would require another geotechnical review and if so, could that be done by staff. Mr. Ramsey said it depends on what results from discussion and Mr. Boxseth's presentation at a future Planning Commission meeting regarding geotechnical issues and how they arrived at their conclusions. Mr. Ramsey said that staff can bring additional information to the Planning Commission for consideration. Chairman Cardoza asked if the program could move forward if one location were removed. Mr. Ramsey said it would be difficult to have City Council take any final action; we would want to have this issue wrapped up and know that the Planning Commission is comfortable with the recommendations and with the sites. Motion Vice Chairman Cohen moved, seconded the item to the Planning Commission motion passed by a vote of 5-0. COMMISSION/STAFF COMMENTS by Commissioner Ratcliffe, to continue meeting of September 11, 2007. The Mr. Taylor said the Calle Perfecto temporary signs have been referred to Code Enforcement. A fagade, color change, and cellular facility for the Marbella Center, the entryway for The Marbella gated community, and review of an addition to the Boys and Girls Club are scheduled for DRC review August 16, 2007. Staff will pursue finding out why there is no sidewalk access into the Marbella Shopping Center. Mr. Taylor asked for clarification of which Starbucks has pedestrian access concerns. Commissioner Ratcliffe said the Starbucks at Ortega Highway and Rancho Viejo Road. PC Meeting Minutes 5 August 14, 2007 Mr. Taylor said that staff has not heard from Chevron regarding the revised signage plan, and that the Villa trash enclosure is being prepped. Mr. Taylor said the postal service letter for the City Council meeting August 21, 2007, will be made available to Commissioners once the letter is approved. Commissioner Kerr asked if the Fire Department can approve selective thinning in the creek bed due to the dryness in the hills. Commissioner Ratcliffe said that Ziad Mazboudi can give Commissioner Kerr the reason why nothing can be done in the creek bed. Commissioner Ratcliffe asked if the signage at the Living Waters Church at Rancho Viejo and Ortega Highway is permitted. Mr. Taylor said he would check into this and report back. Mr. Taylor said that Title 9 Land Use Code update will return on September 25, 2007 for public hearing. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:23 p.m. The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, August 28, 2007 at 7:00 p.m. in the City Council Chambers. Approved: Steven A. Apple, AIC Planning Director