PC Minutes-2006-09-2632400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
(949) 493-1053 FAx
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CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, SEPTEMBER 26, 2006
0
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE 5070
DR. LONDRES USO
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: William Cunningham, Interim Planning Director;
Omar Sandoval, Deputy City Attorney; David Contreras, Associate Planner; Sam
Shoucair, Senior Engineer; 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.
Vice Chairman Cohen commented regarding Item 1 under Old Business that
future minutes should reflect that a Commissioner who recuses himself/herself
ifrom voting on an item is also recused from consideration of the item.
.Sun -Juan C al i.struno: Pi-eserring the Past to Enhance the F1111we
g� Prrr:ea or rnic-rea pacer
PC Meeting 0 2 eptember 26, 2006
Vice Chairman Cohen requested that Sign Permit 05-21 be removed from the
Consent Calendar for separate discussion.
APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 22, 2006.
Vice Chairman Cohen moved approval, seconded by Commissioner Drey, of the
Minutes of August 22, 2006. The motion passed by a vote of 3-0-2, with
Chairman Cardoza and Commissioner Neely abstaining due to absence at part
or all of the meeting.
SIGN PERMIT 05-21, HIRSCH PIPE & SUPPLY & FINE FAUCETS; A
REQUEST TO MODIFY A SUBJECT CONDITION OF PLANTING A 25'0" PALO
VERDE TREE TO ALLOW FOR A MINIMUM PLANTING HEIGHT OF 9'-0" FOR
THE PALO VERDE TREE OR REPLACEMENT OF THE PALO VERDE TREE
WITH A 72" BOXED CASSIA LEPTOPHYLLOUS WITH A MINIMUM PLANTING
HEIGHT OF 15-0". (APPLICANT: HIRSH PIPE & SUPPLY)
Mr. Cunningham said there was a condition placed on approval for a 25 ft. high
Palo Verde tree and the applicant has asked if a 9 ft. high tree would be
acceptable.
40 Commissioner Drey moved approval, seconded by Commissioner Ratcliffe, of
staff recommendation of a 9 ft. high Palo Verde or Cassia Leptophyllous
replacement tree. The motion passed by a vote of 5-0.
OLD BUSINESS
None.
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT (CUP) 06-05 - LIVING WATER CHRISTIAN
FELLOWSHIP; A REQUEST FOR APPROVAL TO ESTABLISH AND OPERATE
A CHURCH WITHIN BUILDING A-1 OF THE ORTEGA RANCH BUSINESS
PARK (CURRENTLY UNDER CONSTRUCTION) LOCATED AT 31571
RANCHO VIEJO ROAD, AND MORE COMMONLY REFERRED TO AS APN:
650-141-14. THE APPLICATION INCLUDES A REQUEST FOR THE
PLANNING COMMISSION TO MAKE A FINDING THAT CHURCHES ARE
PERMITTED SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT BY
THE ORTEGA RANCH COMPREHENSIVE DEVELOPMENT PLAN (CDP 04-
01) (APPLICANT: JOHN MENDOZA)
Written Communications
September 26, 2006
0 Applicant
PC Meeting • 3 loptember 26, 2006
John Mendoza, Living Water Christian Fellowship, 30081 Hillside Terrace, San
Juan Capistrano, CA 92675
Property Owner
Ortega Ranch, LLC, 3 Park Plaza, Suite 1490, Irvine, CA 92614
Staff presentation & recommendation
Mr. Cunningham presented the staff report, recommending that the Planning
Commission find that: 1) church uses are permitted uses subject to approval of a
conditional use permit within CDP 04-01; and 2) the subject church use and the
proposed hours of operation would not conflict with the surrounding office
complex environment and would not adversely impact any of the surrounding
businesses, public streets, and parking.
Commissioner Questions and Comments
Vice Chairman Cohen asked if the Code differentiates between churches and
educational facilities. Mr. Cunningham said churches have typically been
permitted with approval of the CUP.
Chairman Cardoza asked for clarification of the length of time the applicant has
operated from a temporary facility.
Public Hearing
Applicant John Mendoza gave a brief history of the church, which started
October 2004 with four people as a Bible study in his home, and has been in the
Capistrano Business Park since July 2005.
Commissioner Comments
Commissioners Neely, Ratcliffe, and Drey voiced approval of the project due to
the church use parking being compatible with the commercial center.
Commissioner Drey asked what signage is permitted. Mr. Cunningham said
Condition 15 requires the applicant to comply with the sign program adopted by
the Planning Commission.
Vice Chairman Cohen asked if there is language to prevent any assignee or
subtenant from conducting daytime worship or Bible studies during the week. Mr.
Sandoval said the CUP applies to all assignees and any future tenants or
another church on the site.
Motion
Commissioner Neely moved, seconded by Commissioner Ratcliffe, to approve
Resolution No. 06-9-26-1 approving a Conditional Use Permit to allow Living
Water Christian Fellowship to establish a church in an office park building located
at 31571 Rancho Viejo Road (Assessors Parcel Number 650-141-14)
40 AYES: Commissioners Drey, Neely, Ratcliffe, Chairman Cardoza
PC Meeting 0 4 eptern ber 26, 2006
• NOES:
ABSENT:
ABSTAIN:
Vice Chairman Cohen
None
None
The motion passed by a vote of 4-1, with Vice Chairman Cohen opposed.
2. GRADING PLAN MODIFICATION (GPM) 06-04, THEODOSSIS
RESIDENCE: A REQUEST TO CONSTRUCT A 2,000 SF RESIDENTIAL
ADDITION WHICH INCLUDES A 1,000 SF GARAGE ON THE FIRST FLOOR
AND A GAME ROOM AND BEDROOM ON THE SECOND FLOOR. THE
STRUCTURE WILL BE CONNECTED TO THE PRINCIPAL RESIDENCE VIA A
SECOND FLOOR DECK. THE PROJECT IS PROPOSED TO BE PLACED
INTO A SLOPE AREA AND INCLUDES A 10'-0" CUT, WHICH WILL RESULT IN
A RETAINING WALL AT THE REAR OF THE ADDITION. THE PROPERTY IS
ZONED RSE-40,000 WITH A GENERAL PLAN DESIGNATION OF VERY LOW
DENSITY, LOCATED AT 27791 GOLDEN RIDGE, GENERALLY LOCATED 80
FEET EAST OF SOMERSET (APN 650-561 -1 1)(APPLI CANT: ANGELO
THEODOSSIS).
• Written Communications
September 26, 2006
Applicant
Angelo Theodossis, 27791 Golden Ridge, San Juan Capistrano, CA 92675
Engineer
David Lilyquist, Design Spectrum, Inc., PO Box 3294, Dana Point, CA 92629
Staff presentation & recommendation
Mr. Contreras presented the staff report, recommending adoption of the
resolution approving a Categorical Exemption and conditionally approving
Grading Plan Modification (GPM) 06-04.
Public Hearing
Harry Christie, representing Mr. Theodossis, said that he could answer general
questions.
Commissioner Questions and Comments
Chairman Cardoza asked if the retaining wall is adequate. Mr. Contreras said the
Engineering Department required that a French drain be installed to the right side
of the proposed addition.
0
PC Meeting 0 5 Opternber 26, 2006
Commissioners Drey, Neely, and Ratcliffe and Vice Chairman Cohen said they
would support staff's recommendation.
Chairman Cardoza asked if the item would go to the DRC. Mr. Contreras said the
Planning Commission would take final action and that the applicant would be
required to submit the grading plan through an intensive in-house review.
Motion
Commissioner Drey moved, seconded by Chairman Cardoza, to approve
Resolution No. 06-9-26-2 adopting a Notice of Exemption and approving a
Grading Plan Modification for Tract 11753, Lot 36 for a proposed single-family
home addition located at 27791 Golden Ridge (Assessors Parcel Number 650-
561-11; Theodossis).
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chairman Cohen,
Chairman Cardoza
NOES: None
ABSENT: None
ABSTAIN: None
0 The motion passed by a vote of 5-0.
3. Grading Plan Modification (GPM) 06-03, CCDL Investments (Paseo
Peregrino): a request to construct a tiered retaining and caisson wall system to
support a proposed 4,849 square foot single family home on an existing .23 acre
parcel, generally located 130 feet north of Calle Andalucia at 27261 Paseo
Peregrino (APN 675-201-07, Lot 14, Tract 9284). (Applicant: CCDL Investments,
LLC)
Written Communications
September 26, 2006
Owner
CCDL Investments, Inc., 101 S. EI Camino Real #208, San Clemente, CA 92672
Applicant
Jay S. Crawford, 470 Wald, Irvine, CA 92618
Engineer
neer
Toal Engineering, 139 Avenida Navarro, San Clemente, CA 92672
0 Staff presentation & recommendation
PC Meetina • 6 4Dtember 26. 2006
Mr. Contreras presented the staff report, recommending adoption of the
resolution approving a Categorical Exemption and conditionally approving
Grading Plan Modification (GPM) 06-04 (see Attachment 1, Draft Planning
Commission Resolution). Mr. Contreras referred to two photos on the dais
relating to the project.
Commissioner Questions and Comments
Commissioner Drey asked for clarification of the RSE-40,000 Zone as well as the
property dimensions. Mr. Contreras said the plan indicating a 31,097 sq. ft. lot is
correct.
Public Hearing
Mr. Crawford said the request is to construct a retaining and caisson wall system
to support a proposed single-family home on a downhill sloping site.
Vice Chairman Cohen asked the setback from the property line. Mr. Crawford
said the front setback is 30 ft. and both sides are 20 ft.
Commissioner Ratcliffe asked if the undeveloped land between the applicant's
property line and Camino Las Ramblas has been approved for projects. Mr.
Contreras said that the park sits 10-12 feet below Camino Las Ramblas, and the
landscape palette should achieve what staff and the Commission are looking for.
Commissioner Neely and Chairman Cardoza said the landscape palette is more
ornamental than the surrounding area, and requested DRC review.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Neely, to approve
Resolution 06-9-26-3 adopting a Notice of Exemption and approving a Grading
plan Modification for Tract 9284, Lot 14 for a proposed single-family home
located at 27261 Paseo Peregrino, subject to DRC review of final landscape
plan. (Assessors Parcel Number 675-201-07; CCDL Investments, Inc.)
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chairman Cohen,
Chairman Cardoza
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 5-0.
NEW BUSINESS
i
PC Meeting 0 7 eptember 26, 2006
Work Session, Yorba Street; consideration of feasibility of closing Yorba Street
is from Camino Real to Camino Capistrano to vehicular traffic for the creation of a
pedestrian walkway and plaza. (Project Manager: David Contreras, Associate
Planner)
Mr. Contreras gave a brief overview of the item and said staff is seeking input
from the Planning Commission as to whether the concept has merit for further
study, or should be eliminated based on traffic concerns. If the Planning
Commission feels the concept should be explored further, then staff
recommends that the Planning Commission forward the conceptual proposal to
the City Council, for consideration as a possible Capital Improvement (CIP)
project.
Commissioner Ratcliffe asked if consideration had been given to connecting the
other side of the park that goes to Del Obispo. Mr. Contreras said the proposal
would be to redesign some of the interior pedestrian access and the informal
walkway system.
Commissioner Drey spoke in support of the project and suggested signage near
Camino Capistrano, and upgrading some of the landscaping of Veterans' Park
as part of the Plaza project.
Jonathan Wolsky, 18 Hulsy, Laguna Niguel, former Chairman of Farmer's Market
Committee, spoke in support of the item and suggested focusing on the
pedestrian flow destination. Chairman Cardoza said the park is an extension of
the greenbelt system where the pedestrian becomes primary.
Vice Chairman Cohen asked if an analysis had been done on the effect of the
park on downtown traffic circulation, and said he would like to see a downtown
master plan.
Mr. Cunningham said that Laura Freese, 26332 Paseo Toscana, could not stay
at the meeting but wanted to make sure the Commissioners had the letter from
the Chamber, which is in the Commission packets.
Sandra Lichtenstein, owner of the old barn antique mail, spoke in opposition to
the item due to elimination of parking spaces, and the need to load and unload
furniture. Mr. Contreras said that similar questions had been raised at the
Transportation Commission, and that staff would be evaluating the issues.
Arthur Lichtenstein, said there are no businesses on the block between Yorba
and Forster, and suggested using Forster for access to the park.
Vice Chairman Cohen said it is premature for the Planning Commission to
support the item at this point, and that circulation and parking impacts of street
closure need to be addressed.
PC Meeting 0 8 eptember 26, 2006
is Mr. Contreras said that staff will take Planning Commission comments and there
is no need for a motion or formal resolution.
COMMISSIONISTAFF COMMENTS
Mr. Cunningham said the recruitment process for Planning Director has begun
and that he will keep the Planning Commission apprised as far as is possible
within labor and employee rules and regulations.
Chairman Cardoza thanked Mr. Cunningham for bringing his history, experience,
and guidance, and mentioned that the John Laing Development grading may not
be in accord with the Design Development Agreement. Mr. Cunningham said the
issue was raised this week by surrounding property owners; and that he will look
into it and report back to the Commission.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 8:46 p.m.
The next regular meeting is scheduled for Tuesday, October 10, 2006, at 7:00
p.m. in the Council Chambers.
0 Approved:
William Cunningham, Interrm Planning Director
0