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PC Minutes-2006-05-23&2400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 FAx 15'11'11:5[l11f [(L!!1C'C1n1,SP!'C!!1(J, (Jl�1; CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, MAY 23, 2006 MEMBERS OF THE CITY COUNCII. SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M SWERDLIN The meeting of the Planning Commission was called to order by Vice Chairman Cohen at 7:00 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Sheldon Cohen, Vice Chairman Joe Drey Tim Neely Gene Ratcliffe Commissioners Absent: Robert Cardoza, Chairman (absent — excused) Staff members in attendance: Molly Bogh, Planning Director; Richard Greenbauer, Associate Planner; Jill Thomas, Management Analyst; Nasser Abbaszadeh, Director, Engineering & Building Services; 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. 0 Sall.bum m Cuffisti-an . Plvsei-vh ti the Past to Ejrhanc•e the I"utiti-e 0 Prinled on 100% Recycled Paper PC Meeting 9 2 40 May 23, 2006 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF APRIL 25, 2006. Commissioner Drey moved approval, seconded by Commissioner Ratcliffe, of the Consent Calendar. The motion passed by a vote of 4-0. PUBLIC HEARINGS 1. CONSIDERATION OF SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006-2013. AND DETERMINATION OF CONSISTENCY WITH THE CITY'S ADOPTED GENERAL PLAN. PLANNING COMMISSION REVIEW OF PROJECTS PROPOSED FOR INCLUSION INTO THE CITY'S SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006-2013 AND DETERMINE PROGRAM CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS OF THE CITY'S ADOPTED GENERAL PLAN. Written Communications May 23, 2006 Staff presentation & recommendation Ms. Thomas presented the staff report as a recommendation for adoption of a resolution for FY 2006-2013 Capital Improvement Program (CIP) based on a finding that the CIP is consistent with the General Plan's goals and objectives. Ms. Thomas said that the CIP process is a collaborative effort of staff members from each department and input from each of the Commissions. Ms. Thomas said as shown on Attachment 2 of the agenda report, the draft 7 -year CIP for FY 2006-2013 has a total of about $156 million in projects, $46 million of which is projected for FY 2006-2007. Ms. Thomas said that staff recommends that the Planning Commission adopt a draft resolution that forwards the proposed FY 2006-2013 Capital Improvement Program to the City Council and Community Redevelopment Agency Board of Directors with a recommendation for adoption, based on a finding that the Capital Improvement Program is consistent with the General Plan. Ms. Thomas noted that, as requested by the Planning Commission last year, language was added to the June 6 City Council agenda report regarding incorporation of the San Juan Capistrano community character into capital project designs, where appropriate. Commissioner Questions and Comments Commissioner Neely asked if the Ortega interchange preliminary design uses grant money. Ms. Thomas said that the preliminary design is funded by a combination of grant money, including a Measure M grant and a federal grant. The actual project construction is Caltrans, and typically you always have match monies relating to grants. :7 PC Meeting • 3 • May 23, 2006 Commissioner Neely asked about five alternatives selected by community input for the Ortegal1-5 interchange. Mr. Abbaszadeh said that as soon as Caltrans reviews some documents, a scoping meeting date will be publicized. After that the project will come before all the Commissions and eventually the City Council for the final selection of the preferred design alternative. Commissioner Neely asked if the City Council narrowed the altematives the Planning Commission presented. Mr. Abbaszadeh said that all five alternatives from community input are to be presented at the scoping meeting. Commissioner Neely asked if Caltrans has provided feedback as to which of the five alternatives were potentially unacceptable. Mr. Abbaszadeh said that so far Caltrans appears to be going along with the five alternatives, although they said that the so- called minimalist approach of the two alternatives is not going to address long-term traffic volumes. Vice Chairman Cohen opened the Public Hearing and, hearing no response, closed the Public Hearing. Commissioner Neely asked about La Novia Bridge widening in 2009-2010. Ms. Thomas said that grant monies were obtained and we are hoping to get developer participation and matching construction monies for the project; however, the project is on hold at this time. Commissioner Neely asked if design funds would be needed. Mr. Abbaszadeh said the developer is required to pay for a portion of the design. Vice Chairman Cohen asked if the extension of Measure M will impact continued funding on these projects. Ms. Thomas said yes, the CIP includes local return money through 2013. Next year's CIP, unless it gets approved, won't have the local return money which is now averaging $700,000 - $800,000 per year. Motion Commissioner Neely moved, seconded by Commissioner Drey, to adopt Resolution 06- 5-23-1 finding that the fiscal year 2006 through 2013 Capital Improvement Program conforms to the City's adopted General Plan. AYES: Commissioners Drey, Neely and Ratcliffe. Vice Chairman Cohen. NOES: None ABSENT: Chairman Cardoza ABSTAIN: None 40 The motion passed by a vote of 4-0. PC Meeting 0 4 *May 23, 2006 OLD BUSINESS None. NEW BUSINESS 1. DISCUSSION ITEM: ZONING DETERMINATION 3.301, RESIDENTIAL DISTRICTS REGARDING NUMBER FOR RESIDENTIAL STRUCTURES. Written Communications May 23, 2006 REGARDING SECTION 9 - OF STORIES PERMITTED Staff_ presentation & recommendation Mr. Greenbauer presented the staff report as a request for discussion and determination regarding number of stories permitted for residential structures. Specifically, staff is seeing direction on the following issues: 1) A determination as to whether three story residences are allowed, based on language in the General Plan, Land Use Code, and Design Guidelines; and 2) A determination as to whether third story elements are allowed if they are classified as basements, and how that term is to be defined. Mr. Greenbauer discussed language from the General Plan, Design Guidelines, and Land Use Code utilized by staff in determining whether to approve single family plan checks with third story elements. Commissioner Questions and Comments Commissioner Drey asked if requests for three-story homes show up almost exclusively in hillside areas. Mr. Greenbauer said the majority of them are on hillsides, although there are some merchant builders who would like to put three story elements on flat pads. Public Meeting Don Lee, Architect, 2501 North Hartman, Orange, spoke representing John Brynjolffson, homeowner in the Hunt Club, who appeared previously before the DRC previously regarding an existing house bought in 1997, with an existing three story element. His proposal is to reinforce that level because of the hillside, to enclose it, and make it into a garage. The question of interpretation would be "Is it a basement, a garage, or a third story?" Commissioner Questions and Comments Vice Chairman Cohen asked the measuring points on the 35 -foot limitation. Mr. Greenbauer said the height is established by building envelope that reflects with the contours of the grade. 0 PC Meeting 0 5 • May 23, 2008 • Commissioner Drey said that in Laguna Beach the structure is never allowed to be more than 35 feet above the grade. Ms. Bogh said that San Juan Capistrano has both the 35 foot limit and a two story limit. Commissioner Ratcliffe said that basements are defined as non-residential in the Land Use Code, she didn't see it specified in the California Building Code, and she would be opposed to habitable third stories or basement areas because parking might be eliminated. Ms. Bogh said there have been many structures have been approved over the years for the third story element to be a habitable area. She said the intent of the building height limit appears to be to create neighborhood buildings that have a similar uniform shape, size, and mass, regardless of the uses in the lower level. Vice Chairman Cohen asked if the City Attorney had been requested to provide an analysis or opinion. Ms. Bogh said no. Commissioner Neely said the DRC reviewed the blueprints on the wall, and the photo examples showing other three story residential buildings in the Hunt Club. Commissioner Neely said the height envelope controls and that the roof treatments compared to the rest of the structure are important in massing. Commissioner Neely suggested that third stories be allowed subject to DRC review. Commissioner Drey and Vice Chairman Cohen concurred with Commissioner Neely's suggestion. Ms. Bogh said there are applications pending and if the third level is • determined to be a basement under the building code, it will be half below grade and will not affect overall massing. Ms. Bogh asked Commissioner Neely if he proposed that any third floor would be subject to review by the DRC. Commissioner Neely said yes. Vice Chairman Cohen asked what the applicant's next move would be if it were denied at the counter. Ms. Bogh said the architect could re -design the building to create a basement which was at least 50 percent below grade. Ms. Bogh asked for Commission concurrence that staff continue to work on the definitions section of the Land Use Code. Vice Chairman Cohen asked if a plan check were denied at the counter, would it be appropriate for the applicant to appeal it to the Planning Commission. Ms. Bogh said the Code requires all appeals to be heard by City Council. Commissioner Neely said that he would rather look at the height envelope rather than the number of stories, but would support not counting a basement as a story until the code is amended. Motion Commissioner Neely moved, seconded by Commissioner Ratcliff that the Planning Commission concurred with staffs recommendation to evaluate lower -level third -story elements on residential structures based on the definition of "basement" in the California Building Code. Further, the Planning Commission directed staff to bring back a Land doUse Code amendment to clarify procedures regarding third stories based on building • • 0 PC Meeting Q *May 23, 2006 height, bulk and massing, rather than use, including a procedure to allow the DRC to review proposed third story residential building elements. AYES: Commissioners Drey, Neely and Ratcliffe. Vice Chairman Cohen. NOES: None ABSENT: Chairman Cardoza ABSTAIN: None The motion passed by a vote of 4-0. COMMISSIONISTAFF COMMENTS Ms. Bogh said that Historic Preservation Week was a great success, with good attendance at the events. Vice Chairman Cohen asked about the playground equipment at the Rancho Ortega Car Wash. Ms. Bogh said the matter of un -permitted playground equipment on the site had been referred to Code Enforcement. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:52 p.m. The next regular meeting is scheduled for Tuesday, June 13, 2006, at 7:00 p.m. in the Council Chambers. Approved: JW41.14 Molly B#, , Pla ing Director