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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