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PC Minutes-2006-08-0832400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493.1053 FAx W11•tI•.SCIPY114111rcrp strwro.r F CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, AUGUST 8, 2006 MEMBERS OP THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR LONDRES USO The meeting of the Planning Commission was called to order by Chairman Cardoza at 7:04 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CAL Commissioners Present: Robert Cardoza, Chairman Sheldon Cohen, Vice Chairman Gene Ratcliffe Commissioners Absent: Joe Drey (absent) Tim Neely (absent — excused) Staff members in attendance: William Cunningham, Acting Planning Director; Larry Lawrence, Consulting Project Manager; Lynnette Adolphson, Case Planner; Sam Shoucair, Senior Engineer; Ziad Mazboudi, Senior Civil Engineer; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS Julie Boyd, 31172 Old San Juan Road, expressed concerns regarding a 22 -acre parcel of non-contiguous open space below her property. Vice Chairman Cohen suggested that Ms. Boyd express her concerns at the October 2, 2006 meeting in the Community Center of a special ad hoc committee established to investigate open space in the community. Predaig NaK 33512 Avenida Calita, said that a new development built up a large pile of dirt which now completely obstructs his view of the ocean and Catalina as well as lowering the property value. Chairman Cardoza suggested that Mr. Nyack address his concerns to the City Council. o„a Sa? Jriai Capistrano: Preserving the Past to Enhance the Frrttn e �f�I Ported on recycled papa PC Meeting 0 2 • August 8, 2006 CONSENT CALENDAR None. PUBLIC HEARINGS PRE -ZONING (RZ 06-04) RANCHO CAPISTRANO: A REQUEST TO ADD APPROXIMATELY 92 ACRES OF UNINHABITED UNINCORPORATED TERRITORY TO THE OFFICIAL ZONING MAP AS "PC" (PLANNED COMMUNITY) PRIOR TO ANNEXATION. THE PROPERTY IS LOCATED ON THE WEST SIDE OF CAMINO CAPISTRANO, APPROXIMATELY 1.2 MILES NORTH OF JUNIPERO SERRA ROAD (APNS 637-082-64,-65,-66,-67, AND -68). INCLUDED WITH THE PRE -ZONING ARE A PRE -ANNEXATION AGREEMENT AND AN AMENDMENT TO THE LAND USE CODE. Written Communications August 8, 2006 Property Owner Crystal Cathedral Ministries, 13280 Chapman Avenue, Garden Grove, CA 92840 Roger A. Grable, Manatt, Phelps & Phillips, LLP, 695 Town Center Drive, Fourteenth Floor, Costa Mesa, CA 92626 Cheryl Ellison, Rancho Capistrano Ministries, 29251 Camino Capistrano, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Lawrence presented the staff report and said that Local Agency Formation Commission (LAFCO) staff has requested that the City initiate annexation proceedings on approximately 92 acres of uninhabited Unincorporated Territory. The proposed prezoning is needed precedent to annexation. Staff is recommending that it be prezoned "PC" to be consistent with the General Plan designation. Staff recommends that the Planning Commission adopt a resolution forwarding the prezoning, Preannexation Agreement and Code Amendment to the City Council with recommendations of approval. Commissioner Questions and Comments Commissioner Ratcliffe asked if building permits had already been obtained by the county for the gazebo and other minor modifications on page 5 of the staff report. Mr. Lawrence said no, that they would go to the Planning Director. Vice Chairman Cohen asked if the parcel would be given preferential treatment by virtue of the "shall not be unreasonably withheld" language. Mr. Lawrence said that it appears to be boilerplate language, that John Shaw looked over the agreement, and that the City's discretionary review process would still apply. PC Meeting • 3 0 August 8, 2006 Chairman Cardoza said the language could be brought to the attention of the City Council, and asked if the annexation had been brought on by LAFCO. Mr. Lawrence said that LAFCO informally approached the City saying the County's "Island Annexation Program" was going to expire December 31, 2006. Staff was asked to work with the property owners to process an annexation prior to December. Chairman Cardoza asked if additional costs would be incurred by the City for additional services that would be required under the impact categories on public services. Mr. Lawrence said there could be marginal increases in the Sheriff's contract and fire protection to serve this property, however that tends to be offset by the property tax income which is usually in the City's favor for non-residential property. Public Hearing Roger Grable, Manatt, Phelps & Phillips, LLP, representing Crystal Cathedral Ministries, said that the ministry is not pursuing this annexation, the Preannexation Agreement would allow the ministry to process any modifications in a realistic way, there is no change in service providers, and there are some taxes paid by the ministry. Commissioner Comments Vice Chairman Cohen and Chairman Cardoza asked for review of the language in Section 2.3. Commissioner Ratcliffe asked if the City would incur additional costs at the at -grade railroad crossing. Mr. Cunningham said that he understands that the at -grade crossing would simply continue. Chairman Cardoza said that the City Council should have information as to the cost impacts of serving the annexed territory before making their final determination. Motion Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, adoption of Resolution 06-8-8-1 recommending approval of prezoning for Rancho Capistrano and a Preannexation Agreement and Code Amendment, subject to fiscal impact information being provided to City Council as well as a review of language in Condition 2.3 Owner - Request Land Uses Changes. AYES: Commissioner Ratcliffe, Vice Chairman Cohen, Chairman Cardoza. NOES: None ABSENT: Commissioners Drey and Neely ABSTAIN: None The motion passed by a vote of 3-0. PC Meeting • 4 • August 8, 2006 OLD BUSINESS None. NEW BUSINESS 1. SPECIAL ACTIVITIES PERMIT (SAP) 06-14 (PUMPKINPALOOZA); A REQUEST TO CONDUCT A PUMPKIN PATCH FROM SEPTEMBER 30, 2006 THROUGH OCTOBER 31, 2006 AT ZOOMAR'S AT 31791 LOS RIOS STREET, GENERALLY LOCATED WEST OF LOS RIOS STREET, EAST OF PASEO ADELANTO, AND NORTH OF RIVER STREET, MORE COMMONLY REFERRED TO AS APN 121-160-20. (APPLICANT: HEATHER ALEXANDER) Written Communications August 8, 2006 Applicant Heather Alexander, 21911 Annette Ave., Lake Forest, CA 92630 Property Owner Omar & Carolyn Gonzalez, 31791 Los Rios Street, San Juan Capistrano, CA 92675 Staff presentation & recommendation Ms. Adolphson presented the staff report and said the Planning Director has determined that since this item has the potential for impacts to a residential and historic neighborhood, it is forwarded for Planning Commission action and to allow public input. Staff feels that parking in the area would be adequate to accommodate this use. There will be no lighting or temporary electrical. Staff is requiring the applicant to provide an additional portable toilet accessible for disabled people. Conditions of Approval for this 32 -day event address possible impacts with noise, parking, access, security, waste disposal, fire safety. Staff recommends that the Planning Commission take input from the public regarding the proposed pumpkin patch and by motion, approve Special Activities Permit 06-14 (Pumpkinpaiooza) to permit a pumpkin patch from September 30, 2006 through October 31, 2006, from 10 a.m. to 6:30 p.m. daily, subject to the conditions listed in the staff report. Ms. Adolphson referred to issues mentioned in an August 7, 2006 email from Charles S. Krolikowski representing the Ito family, adjacent property owners. Mr. Cunningham said he discussed with the City Attorney Item 1 in the August 7, 2006 email from Mr. Charles Krolikowski regarding public notice. Under administrative approval, the Planning Director has the authority to approve special activity permits administratively without sending public notice. Regarding Code Section 9-2.303(a)(15), where the Planning Director feels that there is some sensitivity to a request, the PC Meeting 0 5 0 August 8, 2006 Planning Director may refer those items either to the DRC or to the Planning Commission. When an administrative action is referred to the Planning Commission, the normal administrative procedure still applies and no public notice is required, however as a courtesy staff will send out a notice to every property owner within 500 feet of the subject property. Because of a flaw in the GIS system discovered after the initial notice was sent, another notice was sent to be sure everyone was noticed. Ms. Adolphson referred to an August 8, 2006 letter from Steven Rios indicating that he has no objection to a Pumpkin Patch. Commissioner Questions and Concerns Commissioner Ratcliffe asked if bus turnaround would be a problem. Ms. Adolphson said a condition could require that buses not be permitted on Los Rios Street. Vice Chairman Cohen asked if there would be parking along Paseo Adelanto. Ms. Adolphson said yes. Chairman Cardoza asked that buses and traffic be limited in Los Rios so as not to impede adjacent businesses. Ms. Adolphson said that any vehicles parking illegally would be subject to citation, and that a condition could be added to require advertising to include instructions to enter through Paseo Adelanto rather than Los Rios. Public Meeting Applicant Heather Alexander said that the 100 parking spaces at Los Rios parking facility should be adequate and that easy -up tents would be used for shade. Vice Chairman Cohen asked the number of anticipated visitors and mode of transportation, in order to assess parking needs. Chairman Cardoza asked for more information regarding the tents. Ms. Alexander said that they would be easy -ups. Sheree Ito, 31825 Los Rios Street, suggested that parking signage be provided, and voiced concern regarding adequate parking and potential buses, loud noise from speakers, increased number of pedestrians, and insurance liability due to participants walking across Ito Nursery property. Carolyn Gonzalez, 31791 Los Rios Street property owner, spoke in favor of the proposed special activity. Omar Gonzalez, 31791 Los Rios Street property owner, said he is opposed to adding Ito Nursery as an additional insured since the Ito insurance policy would cover anybody hurt on their property. Ms. Adolphson said that staff could condition the permit for directional signs and that would require an additional Encroachment Permit from the Engineering Department. PC Meeting 0 6 0 August S, 2006 Motion Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, approval of Special Activities Permit 06-14 (Pumpkinpalooza) to permit a pumpkin patch from September 30, 2006 through October 31, 2006, from 10 a.m. to 6:30 p.m. daily, subject to the conditions listed in the staff report, and adding conditions that 1) buses be prohibited on Los Rios Street, River Street, and Paseo Adelanto, 2) noise be attenuated and focused away from residences and businesses in the area, 3) flyers indicate the recommended parking route and approved parking areas, 4) staff monitor the project the first week for noise, parking, trash, portable toilets and modify permit if needed, and 5) directional signs be in place. AYES: Commissioner Ratcliffe, Vice Chairman Cohen, Chairman Cardoza. NOES: None ABSENT: Commissioners Drey and Neely ABSTAIN: None The motion passed by a vote of 3-0. 2. ARCHITECTURAL CONTROL AC) 06-04, PACIFICA SAN JUAN -"COUNTRY" DISTRICT (TRACT 16747); AN APPLICATION TO APPROVE AN AREA PLAN INCLUDING THE SITE PLAN, ARCHITECTURAL PLANS, AND PRELIMINARY GRADING AND LANDSCAPING PLANS FOR A 47 -LOT SINGLE-FAMILY SUBDIVISION IDENTIFIED AS THE "COUNTRY DISTRICT" OF THE FORSTER CANYON (PACIFICA SAN JUAN) PLANNED COMMUNITY LOCATED ALONG THE EAST SIDE OF AVENIDA CALIFORNIA APPROXIMATELY 1.1 MILES NORTH OF CAMINO LAS RAMBLAS. THE PROPOSED DWELLING UNITS WILL BE DETACHED AIRSPACE CONDOMINIUMS ON LOT 1 OF TRACT 16747 (APN: 675-361-05) (APPLICANT: CENTEX HOMES) Written Communications August 8, 2006 Staff presentation & recommendation Mr. Cunningham said there would not be a quorum present for the Item H-2 Centex Homes, and that the item would need to be continued. Chairman Cardoza passed the gavel to Vice Chairman Cohen since Chairman Cardoza is recusing himself from the item. Mr. Cunningham said that the August 22, 2006 Planning Commission agenda is heavy, and the Item H-2 would follow Habitat for Humanity which is a long item. Motion PC Meeting 0 7 0 August 8, 2006 Commissioner Ratcliffe moved, seconded by Vice Chairman Cohen, to continue the item to the August 22, 2006 Planning Commission meeting. AYES: Commissioner Ratcliffe, Vice Chairman Cohen NOES: None ABSENT: Commissioners Drey and Neely ABSTAIN: None RECUSED: Chairman Cardoza The motion passed by a vote of 2-0, with recusal by Chairman Cardoza. COMMISSION/STAFF COMMENTS Commissioner Ratcliffe asked if the new Starbuck's banner on the slump -stone wall at Camino Capistrano is allowed. Mr. Cunningham said that staff would check into it. Chairman Cardoza said he noticed the bridge was up on J. Serra and that the buttressing was not there. Mr. Cunningham said that the bridge went up Tuesday, August 1, and the abutment area and landscaping is not completed. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:30 p.m. Approved: William Cunningham, Actffig Planning Director APPRnv y/i,2_/d�