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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