PC Minutes-2007-12-1132400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
CALL TO ORDER
• i �I
MEMBERS OF THE CITY COUNCIL
—fff
In[oRFORATEA
SAM ALLEVATO
THOMAS W. HRIBAR
ESTRALISREA 1961
MARK NIELSEN
1776
JOESOTO
® ®
DR. LONDRES USO
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, DECEMBER 11, 2007
The meeting of the Planning Commission was called to order by Chairman
Cardoza at 7:05 p.m., followed by the Pledge of Allegiance to the Flag.
R[IlI 1 CAI 1
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Ginny Kerr
Tim Neely
Commissioners Absent: Gene Ratcliffe
Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason
Retterer, Deputy City Attorney; Bill Ramsey, Principal Planner; David Contreras,
Senior Planner; Justin Kirk, Assistant Planner; Sue McCullough, Recording
Secretary.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
Items listed on the Consent Calendar are considered routine and may be
enacted by one motion and one vote. There may 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
n•
L!� Printed on 100% recycled paper
PC Meeting 2 December 11, 2007
1. APPROVAL OF PLANNING COMMISSION MINUTES OF NOVEMBER
13, 2007.
Vice Chairman Cohen moved approval of Planning Commission Minutes of
November 13, 2007 as submitted, seconded by Commissioner Kerr. The motion
passed by a vote of 3-0-1 with Commissioner Neely abstaining due to his
absence at the November 13, 2007 meeting.
NEW BUSINESS
1. WORKSESSION; ARCHITECTURAL CONTROL (AC) 07-22, ST.
MARGARET'S EPISCOPAL SCHOOL MASTER PLAN' PROPOSED
CONCEPTUAL PLANS TO EXPAND AN EXISTING K-12 PRIVATE SCHOOL
CAMPUS BY 75,251 GROSS SQUARE FEET (GSF) FROM 157,731 TO
232,982 GSF AND TO EXPAND THE CAMPUS ACREAGE FROM 17.48 TO
26.64 ACRES LOCATED AT 31641 LA NOVIA AVENUE, AND GENERALLY
LOCATED ALONG THE WEST SIDE OF LA NOVIA AVENUE BETWEEN
CALLE ARROYO AND RANCHO VIEJO ROAD AND THE NORTH SIDE OF
CALLE ARROYO BETWEEN LA NOVIA AVENUE AND RANCHO VIEJO ROAD
(APN: 666-272-05 THRU 08; 666-251-01 THRU 05; 666-261-1 THRU 3 & 9
THRU 11; 666-232-04; 666-123-01, 02) (APPLICANT: ST. MARGARET'S
EPISCOPAL SCHOOL; DAVID BUSH, DIRECTOR OF FINANCE &
OPERATIONS)
Written Communication
December 11, 2007
Applicant
St. Margaret's Episcopal School, Attn.: David Bush, CFO, 31641 La Novia
Avenue, San Juan Capistrano 92674
Architect
Mike McAndrew, Architect, Bastien & Associates, Inc., 2961 Edinger Avenue,
Tustin, CA 92780-7256
Staff presentation & recommendation
Mr. Ramsey presented the staff report advising the Commission that the purpose
of the item was for an introductory worksession on the proposed project. He
noted the project would be subject to further staff review and CEQA review prior
to formal Planning Commission review. He recommended that the Planning
Commission receive a presentation by St. Margaret's Episcopal School
representative on the proposed master plan components.
PC Meeting 3 December 11, 2007
Vice Chairman Cohen asked if we still have the prior staff reports in connection
with the 10 -year plan reviewed in 1991 and the subsequent plan approved in
1995. Mr. Ramsey said that they should be available and he will forward copies
of the reports, minutes, and/or agendas to Commission members.
Chairman Cardoza asked the future intent for equestrian use. Mr. Ramsey said
that the equestrian center has operated within the Ortega Village Center under a
lease since the equestrian center's inception. Mr. Bush stated that the Ortega
Equestrian Center and SMES had entered into a lease and that the future
conversion of the center to an athletic field would be at a future date during the
last phase of the proposed master plan.
Mr. David Bush said that St. Margaret's Episcopal School was established in
1978 and has been in San Juan for 29 years. About four years ago, the Board of
Trustees determined that the current enrollment should remain at just under
1,200 students from preschool through 12th grade, and decided to build out the
then existing campus and find additional property, including the equestrian
center. He stated that the existing facilities are not sufficient and the master plan
would maintain the current enrollment level while providing substantially
improved educational facilities. Mr. Bush described the four phases of the project
including proposed parking lots and campus facilities.
Commissioner Questions and Comments
Commissioner Kerr asked if there are future plans for expanded enrollment. Mr.
Bush said there has been no discussion regarding expanding enrollment, other
than the possibility of additional scholarship recipients.
Commissioner Kerr voiced concern regarding the safe crossing from the joint use
parking lot across La Novia. Mr. Bush said there is a possibility of a future signal.
At the present time, a 4 -way stop and pedestrian crosswalks provide for
pedestrian crossing at the intersection.
Commissioner Kerr asked if the shared parking in the Ortega Center would be
used by students parking during the day. Mr. Bush said that is currently the only
area that driving students are allowed to park.
Commissioner Kerr asked how the equestrian trails would be affected. Mr. Bush
said the school would provide easements to the City in the future. Mr. Ramsey
described the proposed equestrian trail connection along La Novia Avenue that
staff has recommended and that's reflected on the St. Margaret's Master Plan.
Vice Chairman Cohen asked the enrollment by grade level, and asked how the
430 seat performing arts center with lecture hall would be used. Mr. Bush said
there are 100 preschool, 400 grade K-5, 300 grade 6-8, and 400 high school
students; and that the proposed size would provide the acoustical space needed
for concerts.
PC Meeting 4 December 11, 2007
Vice Chairman Cohen asked about planned lighting in the parking lot at Arroyo
and La Novia. Mr. Bush said lighting for security, and landscaping were planned.
Vice Chairman Cohen asked if St. Margaret's has any options or rights of first
refusal on any Ortega Center commercial properties adjacent to or surrounding
the school. Mr. Bush said that the owners of the Ortega Center had granted the
right of first refusal on the Ortega Village Center, except the Bravo Burger
property. He stated that perhaps 10-20 years from now, the school might have
the financial resources to acquire the property for improved athletic facilities.
Chairman Cardoza asked for clarification of the process as far as a General Plan
Amendment or EIR is concerned. Mr. Ramsey said the applicant's revised plans
will be subject to additional staff review. Once the project description and
proposal has been confirmed, the staff will proceed with the environmental
review and fiscal analysis of lost revenue due to conversion from commercial use
to a public institutional use.
Chairman Cardoza asked how the parking area would be developed to retain the
rustic, rural quality of San Juan. Mr. Ramsey said the parking project is now on
hold, but would subject to future DRC and PC review. Cardoza asked about
recent work at the site and Mr. Bush said the seller removed the old water well,
and the large Sycamore tree was trimmed in response to a neighbor's complaint.
Chairman Cardoza asked what parking would be available during evening
performances at the performing arts center.. Mr. Bush said the events would take
place outside of peak travel times.
Commissioner Neely said during DRC review he was opposed to the height of
the performing arts center structure. Mr. Bush said the height concerns would be
addressed in an amended application to be submitted to the DRC.
The Planning Commission received and filed the information on the proposed
master plan components.
2. CONTINUED CONSIDERATION OF TREE REMOVAL PERMIT (TRP)
07-108, BELFORD TERRACE TRAIL; AN APPLICATION TO REMOVE SEVEN
(7) BLUE GUM EUCALYPTUS TREES WITH A DIAMETER OF 24 TO 36
INCHES. THE SUBJECT TREES ARE LOCATED WITHIN AN EQUESTRIAN
EASEMENT ON THE NORTH SIDE OF THE BELFORD TERRACE
EQUESTRIAN TRAIL WHICH LINKS THE RANCHO MADRINA TRAIL SYSTEM
TO THE SAN JUAN CREEK TRAIL SYSTEM. .THE AREA IS GENERALLY
LOCATED 200 FEET NORTH OF ORTEGA HIGHWAY ALONG THE TRAIL
EASEMENT (APN 650-19-223) (APPLICANT: CITY OF SAN JUAN
CAPISTRANO)
PC Meeting 5 December 11, 2007
Vice Chairman Cohen said the City Attorney assured him that although he is a
resident of Belford Terrace, he lives far enough away from the site to be able to
hear the matter.
Written Communication
December 11, 2007
Staff presentation & recommendation
Mr. Contreras presented the staff report and recommended adoption of a
resolution approving a permit for the removal of seven (7) Blue Gum Eucalyptus
trees, based on the findings required by Section 9-2.349 of the Land Use Code
and the Arborist's Report.
Commissioner Questions and Comments
Vice Chairman Cohen asked if there is enough room in the easement to
introduce replacement trees. Mr. Contreras said replacement trees would need to
be planted on private property and the homeowner would be responsible for
watering the replacement trees.
Commissioner Neely asked for clarification of the tree placement relative to the
City's easement, and if the City had maintained the trees. Mr. Contreras said the
lower part of the trail flares out, the upper trail tapers near tree numbers 6 and 7,
and the adjacent homeowners, rather than the City, have been trimming the
trees.
Public Hearinq
Dan Angel, 31261 Belford Drive, said removal of the 30 ft. trees exposes his
property to other residences that are not in Belford Terrace, and said
replacement trees may be too close to his house.
Chairman Cardoza asked Mr. Angel if he would be inclined to water the
replacement trees initially. Mr. Angel said he could temporarily water the
replacement trees.
Commissioner Neely said that trees 1 and 2 should be retained since the arborist
suggested not removing those trees, and that he would like to see drought -
resistant replacement trees within the easement.
Commissioner Kerr voiced concern regarding safety and suggested following the
arborist's recommendations of replacement trees.
Motion
Chairman Cardoza moved, seconded
Resolution 07-12-11-1 resubmitting the
department to evaluate the trail course,
including analysis of the easement and
trees. The motion passed by a vote of 4-0.
by Vice Chairman Cohen, to table
item to the staff a
grading, safety issues,
appropriate species of
id engineering
or realignment
replacement of
PC Meeting 6 December 11, 2007
Vice Chairman Cohen moved, seconded by Commissioner Kerr, to adopt
Resolution 07-12-11-2 approving Tree Removal Permit (TRP) 07-108 for removal
of dead eucalyptus (Blue gum) tree numbers 3, 5, 6, 7, and 8 and other trees that
pose a possible safety or liability issue located at the top of a slope within an
equestrian easement along the Belford Terrace Trail (APN 650-019-223) (City of
San Juan Capistrano). The motion passed by a vote of 4-0.
3. TREE REMOVAL PERMIT (TRP) 07-148 AND 07-150, FRANCISCO
VIVAR TREE SERVICE: APPLICATIONS TO REMOVE TWO (2) CANARY
ISLAND PINES WITH DIAMETERS OF 35 INCHES AND 26 INCHES. THE
SUBJECT TREES ARE LOCATED IN SEPARATE AREAS WITHIN SAN JUAN
MOBILE ESTATES MOBILE HOME PARK, 32302 ALIPAZ ST., (APN 890-020-
09). (APPLICANT: FRANCISCO VIVAR TREE SERVICE)
Written Communication
December 11, 2007
Applicant
Francisco Vivar Tree Service, 23342 Via San Miguel, Aliso Viejo, CA 92656
Staff presentation & recommendation
Mr. Kirk presented the staff report and recommended adoption of separate
resolutions approving a permit for the removal of one (1) Canary Island Pine with
a thirty-five (35) inch diameter and a permit for (1) Canary Island Pine with a
twenty-six (26) inch diameter, based on the findings required by Section 9-2.349
of the Land Use Code. Staff recommends both pine trees to be removed be
replaced with a twenty-four (24) inch box, California native drought tolerant
species due to the significant visual impact created by the removal of the trees.
Public Hearing
William Drewes, 32302 Alipaz, #94, spoke in opposition to tree removal.
Sandra Estep, 32302 Alipaz, #200, spoke in favor of tree removal.
Candy Will, 32302 Alipaz, #193, spoke in favor of tree removal.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Neely, to adopt
Resolution 07-12-11-3 approving Tree Removal Permit (TRP) 07-148 for one
Canary Island Pine tree with a diameter of thirty-five (35) inches, at 32302 Alipaz
Street, Spaces 31 and 32 respectively, subject to staff selecting and reporting to
PC of appropriate replacement native California Oak tree selected by staff, with
tree maintenance according to Municipal Code tree trimming guidelines (APN
891-020-09) (San Juan Mobile Estates). The motion passed by a vote of 4-0.
PC Meeting 7 December 11, 2007
Vice Chairman Cohen moved, seconded by Commissioner Neely, to adopt
Resolution 07-12-11-4 approving a Tree Removal Permit for one Canary Island
Pine tree with a diameter of twenty-six (26) inches, at 32302 Alipaz Street,
Spaces 192 and 194 respectively, subject to staff selecting and reporting to PC
of appropriate replacement native California Oak tree selected by staff, with tree
maintenance according to Municipal Code tree trimming guidelines (APN 891-
020-09)(San Juan Mobile Estates). The motion passed by a vote of 4-0.
Chairman Cardoza called for a recess at 9:23 p.m. and reconvened the meeting
at 9:32 p.m.
OLD BUSINESS
None
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT (CUP 07-10), T -MOBILE; AN
APPLICATION TO INSTALL, OPERATE; AND MAINTAIN AN UNMANNED
WIRELESS TELECOMMUNICATIONS FACILITY INSIDE A PROPOSED
CUPOLA ON AN EXISTING ROOF OF' -THE PLAZA DEL RIO SHOPPING
CENTER LOCATED IN THE GENERAL COMMERCIAL ZONE DISTRICT AND
GENERAL PLAN -DESIGNATED GENERAL COMMERCIAL (GC). THE
PROJECT IS LOCATED AT 32341 CAMINO CAPISTRANO IN THE PLAZA DEL
RIO SHOPPING CENTER, ON THE WESTERN COMMERCIAL BUILDINGS
AND LOCATED IMMEDIATELY ADJACENT TO THE SCRRA TRACKS. (APN:
668-091-06) (APPLICANT: AMIT PATEL, ASPEN ASSOCIATES TELECOM)
Written Communication
December 11, 2007
Applicant
T -Mobile USA Inc., 3 Imperial Promenade #1100, Santa Ana, CA 92707
Property Owner
Donahue Schriber Realty, L.P., 32341 Camino Capistrano, San Juan Capistrano,
CA 92675
Agent
Amit Patel, Aspen Associates Telecom, 1223 Federal Ave. #212, Los Angeles,
CA 90025
Staff presentation & recommendation
Mr. Kirk presented the staff report and recommended adoption of a resolution
conditionally approving CUP 07-10 to allow six (6) panel wireless antennas to be
installed inside a proposed Cupola on the existing roof of the Plaza Del Rio
Shopping Center and a 235 square foot 6'-0" tall, cmu block wall equipment
PC Meeting 8 December 11, 2007
enclosure to house four Base Transceiver Station (BTS) equipment cabinets, and
finding the project exempt from CEQA.
Commissioner Questions and Comments
Vice Chairman Cohen asked if other locations in an industrial area had been
considered. Mr. Kirk said this was the most appropriate location to mitigate the
gap in coverage.
Vice Chairman Cohen voiced concern regarding the height in excess of 35 feet.
Mr. Retterer said the antenna regulations are appropriate for this use. Chairman
Cardoza said the Cupola fits in with the surrounding architecture.
Amit Patel, Applicant's Agent, said that the proposed site is necessary for
coverage in the area.
Vice Chairman Cohen asked if there has been an attempt to co -locate with
another carrier. Mr. Patel said that there is a design for another Cupola to allow
another carrier.
Commissioner Neely asked if the Cupola has been resized per DRC
recommendation, and asked for a louvered structure in the recess. Mr. Patel said
the Cupola has been resized and that a louvered recess could be included.
Chairman Cardoza asked that additional landscaping be reviewed by the DRC.
Commissioner Neely voiced concern regarding the poor cell phone coverage in
the City. Mr. Patel said more height creates expanded coverage.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Neely, to adopt
resolution 07-12-11-5 confirming issuance of a categorical exemption and
approving an unmanned wireless telecommunication facility to be located within
a proposed cupola structure on an existing building in the Plaza Del Rio
Shopping Center located at 32341 Camino Capistrano, with the condition that
prior to the issuance of building permits, the applicant submits revised landscape
plans for the DRC approval prior to certificate of occupancy (assessors parcel
number (APN) 668-091-06) (T -Mobile, Amit Patel, Aspen Associates). The
motion passed by a vote of 4-0.
2. GRADING PLAN MODIFICATION (GPM) 07-02, MOUA RESIDENCE; A
REQUEST TO LEGALIZE THE CONSTRUCTION OF TIERED RETAINING
WALLS ALONG THE FRONT PORTION OF THE PROPERTY LOCATED AT
31315 DON JUAN AVENUE, GENERALLY LOCATED 20 FEET NORTH OF
DON JUAN AVENUE (APN 124-201-23) (APPLICANT: YIA MOUA)
Written Communication
December 11, 2007
PC Meeting 9 December 11, 2007
Applicant's Representative
Robert Delgado, 31315 Don Juan Avenue, San Juan Capistrano, CA 92675
Property Owner
Yia Moua, 2214 South Rene Drive, Santa Ana, CA 92704
Staff presentation & recommendation
Mr. Contreras presented the staff report and recommended adoption of a
resolution conditionally approving Grading Plan Modification (GPM) 07-02.
Following the posting and distribution of the agenda, staff received a letter from
Mr. Kent Swisher who owns the property to the west of the subject site. The letter
references that grading and drainage operations conducted by Mr. Moua have
resulted in damages to Mr. Swisher's property. Due to Mr. Swisher's concerns
and due to the existing drainage conditions, staff would like to add Condition 24,
requiring applicant to submit final drainage plans and obtain approval from the
City's Engineer and Building office prior to issuance of the Certificate of
Occupancy.
Applicant's Representative Robert Delgado, 31315 Don Juan Avenue, spoke in
favor of all modifications except Condition 24.
Public Hearing
Mr. Kent Swisher, 3590 Verde Vista Drive, Santa Rosa, CA 95404, owner of the
property at 31321 Don Juan, to the west of the project site, spoke in support of
Condition 24. He presented photographs to the dais, and said his property is
being adversely affected by the grading and landscaping by the applicant.
Angela Duzich, 31372 Don Juan Avenue,spoke in favor of the Grading Plan
Modification except Condition 24.
Commissioner Questions and Comments
Vice Chairman Cohen asked what efforts the City has made to find the grading
plan approvals in 2004. Mr. Contreras said that the building permit, grading
permit applications, and conceptual grading plan are in the file. Mr. Contreras
said the conditions added provide assurance to the City that after approval of the
Grading Plan Modification the applicant will demonstrate that the project is
substantially built in compliance with these plans.
Commissioner Kerr asked how long a TCO is good for. Mr. Contreras said that
the Temporary Certificate of Occupancy dated March 21, 2005 was issued for 60
days.
Vice Chairman Cohen and Chairman Cardoza concurred that Condition 24 is
appropriate to insure that the grading is adequate.
PC Meeting 10 December 11, 2007
Mr. Taylor said the Condition 24 language was crafted in consultation with
Engineering and Building staff to meet building code requirements and to protect
the adjacent property.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Kerr, to adopt
Resolution 07-12-11-6 adopting a notice of exemption and approving a Grading
Plan Modification for Tract 808, Lot 8 & 9 for an existing single-family home
located at 31315 Don Juan Avenue, including Condition 24 from staff (Assessors
Parcel Number 124-201-23; Yia Moua). The motion was approved by a vote of 4-
0.
COMMISSION/STAFF COMMENTS
Mr. Taylor said the next Planning Commission meeting on January 8, 2008, will
include the Centra Pointe review, Church of San Juan Conditional Use Permit, a
landscape and irrigation program presentation by Ziad Mazboudi, and review of
the Sign Ordinance. On December 12, 2007, the Transportation Commission will
review the Ventanas project and the Villa Montana project. The Sign Code
Ordinance update is scheduled for the December 18, 2007 City Council meeting.
Mr. Taylor said that the wireless communication facility in the Ortega Ranch
Center has a business license. Vice Chairman ICohen said he does not think that
is a permitted use, and asked that the CDP be brought back for a land use
determination.
Mr. Taylor said that staff will recommend a sidewalk at the Marbella Plaza as a
Condition of Approval if the Centra Pointe project is approved.
Commissioner Neely said that he will not be at the January 8, 2008 Planning
Commission meeting, and that he voted against the Centra Pointe project at the
recent DRC meeting due to fundamental design issues.
Vice Chairman Cohen said that there is a red price sign board at the 76 Station
on Ortega, and recalled that the red color was not approved by the Planning
Commission. Mr. Taylor said he would look into it.
Chairman Cardoza said that the City Council will be making Commission
appointments January 15, 2008, and that Commissions will be reorganizing
February 1, 2008.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 11:03 p.m.
The next regularly scheduled Planning .Commission Meeting is scheduled for
Tuesday, January 8, 2008 at 7:00 p.m. in the City Council Chambers.
PC Meeting 11 December 11, 2007
Approved:
L_,? �7 , — 4
Steven A. AppC<AICP
Planning Director
Ito