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PC Minutes-2006-09-2632400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 FAx tt'ft'u: �l[)7/llrrll[ t[tN�li'lrllU.rn�� 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