PC Minutes-2006-08-0832400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
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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.
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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
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