PC Minutes-2006-06-272400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493.1171
(949) 493-1053 FAx
St'tt'N:1•(1/7illilt;t'tl1!!.1'll'tlllll• ol,g
CALL TO ORDER
•`' ,irllErtAw1
� ESi AltlifEl S 196)
1776
s i
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, JUNE 27, 2006
•
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M SWERDLIN
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
Joe Drey
Tim Neely
Gene Ratcliffe
Commissioners Absent: None
Staff members in attendance: Molly Bogh, Planning Director; Omar Sandoval,
Deputy City Attorney; David Contreras, Associate Planner; Richard Greenbauer,
Associate Planner; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
None.
PUBLIC HEARINGS
1. ZONE VARIANCE (ZV) 06-02. BRYNJOLFSSON RESIDENCE: THE
APPLICANT REQUESTS APPROVAL OF A VARIANCE TO SECTION 9-
3.301 (RESIDENTIAL DEVELOPMENT STANDARDS) TO ALLOW AN
INCREASE IN SECOND FLOOR TO FIRST FLOOR AREA RATIO OF 14.89%,
40 AND A HEIGHT DEVIATION TO ALLOW A MAXIMUM HEIGHT OF 39'-0",
Sw1 Juun C. ,alActrano: Preserving 1he Pat to h-iihmice the Future
C.? Printed an 100% Recycled Paper
WHERE 35'-0" IS THE MAXIMUM ALLOWABLE HEIGHT ESTABLISHED
WITHIN THE HUNT CLUB SPECIFIC PLAN 77-01, FOR A SINGLE FAMILY
RESIDENCE LOCATED AT 30621 STEEPLECHASE DR. (TRACT 6305, LOT
105, AND ASSESSOR PARCEL NUMBER 650-391-05). (APPLICANT: JOHN
BRYNJOLFSSON).
Written Communications
June 27, 2006
Applicant
John Brynjolfsson, 30621 Steeplechase, San Juan Capistrano, CA 92675
Architect
Donald R. Lee, Architect, 2501 N. Hartman St., Orange, CA 92865
Staff presentation & recommendation
Mr. Greenbauer presented the staff report stating that staff recommends the
Planning Commission adopt a resolution approving the variance to allow an
increase in 2nd to 1" floor area ratio from 75% to 89.89%, subject to conditions of
approval, and denying the variance to allow a maximum building height of 39'-0".
Mr. Greenbauer said the original house was constructed with the 35' height limit
in place.
Staff recommends that the applicant redesign the plans to maintain an offset in
the roof and maintain the 35' height limit.
Public Hearing
Mr. Brynjolfsson, applicant, expressed willingness to stay within a 35 foot height
limit as viewed from the street.
Commissioner Neely asked for clarification of staffs interpretation of the height
envelope. Ms. Bogh said the plans reviewed showed 39' along the street
frontage, and if the applicant has an alternate plan showing 35' as viewed from
the street, Ms. Bogh recommended that the applicant come back with an
alternate plan.
Don Lee, project architect, 2501 N. Hartman, Orange, said that the current
proposed drawings indicate that the house is below the 35' line, the project is an
existing house, the property slopes to the back and to the side, and the applicant
is comfortable with the resolution as proposed with the caveat that the 35' high
line extends horizontally. Mr. Brynjolfsson said that there are numerous houses
over 35' high in the Hunt Club.
0 .
. Commissioner Questions and Comments
Vice Chairman Cohen asked if the SDP or Land Use Code speaks to the finished
grade. Mr. Sandoval said he did not review the SDP, but 35' means 35' from the
bottom of the structure. Ms. Bogh said the resolution as currently drafted would
deny the height variance, staff felt that the most important view angle is from the
street, and that if the Planning Commission wishes to give a height variance, staff
recommends that the street view of the house should maintain a 35' height limit.
Chairman Cardoza asked if precedent has been established if other structures in
the Hunt Club exceed 35'. Ms. Bogh said that this house is closer to the street
than most of the houses in the Hunt Club, it has a large and rectangular facade
adjacent to the street, and to go above the 35' height would increase the mass.
Mr. Lee said the drawings reflect the 2002 Code where it slopes downward and
in doing so clips off part of the existing house. Mr. Lee said the applicant is in
compliance with the CC&Rs and the code when the house was built.
Vice Chairman Cohen asked if there has been a revision to the Land Use Code
with respect to height limitation. Mr. Greenbauer said for the 7 years he has been
with the City prior to the 2002 Code, it was always identified as utilizing the slope
in creating that building envelope and plane.
Mr. Brynjolfsson referred to a packet of exhibits he had provided to the Planning
Commission, saying that the figure on page H1 shows the rear tips of the rear
two gables that exceed the 35' plane, and that the remodel provides a dramatic
aesthetic improvement to the front of the house. Mr. Lee said that one of the
purposes of the remodel is to stabilize the house on the hill because of the soil
conditions.
Chairman Cardoza asked how the three nearby structures exceeding 35' were
measured. Mr. Brynjolfsson said the surveyor did not gain access to the
properties, which were measured using laser instrumentation from common
areas. Chairman Cardoza asked if staff has recommended approval of the floor
area ratio, and maintains that the height variance should be denied at this time.
Ms. Bogh said yes, although if the applicant proposes a redesign of the roofline
that would maintain a 35' height from the street, it may be possible for staff to
recommend approval of some sort of variance.
Vice Chairman Cohen asked what the elevation would be from the rear and from
the side. Mr. Brynjolfsson said the far right corner, 39' and at the left side 31'.
Vice Chairman Cohen and Commissioner Ratcliffe said that they are not in favor
of exceeding the 35' limit.
Chairman Cardoza said that he is leaning toward support of the project, because
• the new design is superior to the existing appearance of the house.
• The Planning Commission agreed that the proposed design is an improvement
over the existing condition of the house. Commissioner Neely recommended
approval of both variance requests, and Commissioner Drey concurred.
Ms. Bogh recommended that the item be continued and brought back with a
revised resolution with findings to approve both variance requests. The public
hearing was closed.
Motion
Commissioner Neely moved, seconded by Commissioner Drey, to continue the
item to July 11, 2006. The motion passed by a vote of 5-0.
OLD BUSINESS
None.
NEW BUSINESS
Tree Removal Permit (TRP) 06-019, Pickett Residence; The applicants request
approval to remove three (3) Eastern Red Cedars ("Juniperus Virginiana"), each
with a diameter of over thirty (30) inches. The subject trees are located in the
northeast portion of the subject property generally located on the corner of
Hillside Terrace and View Point Circle at 30115 Hillside Terrace. The property is
S commonly referred to as Assessor Parcel Number 650-251-01, with a General
Plan designation of Medium Low Density (MLD), and a Zoning designation of
RSE 20,000. (Applicants: Martin and Janice Pickett)
Written Communications
June 27, 2006
Applicants
Martin and Janice Pickett, 30115 Hillside Terrace, San Juan Capistrano, CA
Staff presentation & recommendation
Mr. Contreras presented the staff report, stating that staff recommends approval
of the applicants' request for removal of three Eastern Red Cedar trees located
within the side yard of their home. Staff identified that most of the trees had
extensive dieback and a substantial amount of dead branches. The trees
shouldn't have been planted in the side yard area and were planted almost
adjacent to the structure. Staff determined that the trees met the criteria of
diseased general health and the ability to preserve.
Based on the applicants' proposal to replace the trees with four (4) Heteromeles
Arbutifolia "Toyon" which is a California native shrub, staff recommends that the
Commission approve the applicants' request to remove the trees and to replace
them with shrubs.
• Public Hearing
Applicant Martin Pickett said the trees are dying and should be cut down before
they are blown down.
Commissioner Neely asked the distance between the property line and the edge
of the house. Mr. Martin said there is a 15' area.
Commissioner Ratcliffe said the tree closest to the house is touching the roof and
the gutter, the center tree is quite bare, and a Toyon or patio -sized tree would be
appropriate.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Neely, to adopt
Resolution 06-06-27-1 approving a Tree Removal Permit for three Eastern Red
Cedar (Juniperus Virginiana) trees, located at 30115 Hillside Terrace (APN 650-
251-01).
Ms. Bogh said that staff concurs with the applicant's proposal to plant Toyon in
the area, and the homeowners association has approved Toyon.
AYES: Commissioners Drey, Neely and Ratcliffe, Vice Chairman Cohen.
NOES: Chairman Cardoza
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 4-1. Chairman Cardoza said that although he is
in favor of the removal of the trees, he is not in favor of Toyon as a replacement.
COMMISSIONISTAFF COMMENTS
Vice Chairman Cohen thanked staff for the quick resolution by Code
Enforcement of the swing situation at the car wash.
Commissioner Ratcliffe said that she noticed the improved bricks in the plaza
next to the Trading Post. Ms. Bogh said an acid wash had been applied so that
the bricks would more closely match the Dietrich's building.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 8:00 p.m.
The next regular meeting is scheduled for Tuesday, July 11, 2006, at 7:00 p.m. in
the Council Chambers.
Approved:
-Nt�' &OL
Molly B h, P nning Director
•
�1
U