PC Minutes-2006-12-1232400 PASEO ADELANTO
SAN JUAN CAPISTR ANO. CA 92575
(949) 493.1171
(949) 493.1053 FAX
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CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, DECEMBER 12, 2006
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W HRIBAR
MARL( NIELSEN
JOE SOTO
DR. LONDRES VSO
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 -CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Joe Drey
Tim Neely (arrived at 7:05 p.m.)
Commissioners Absent: Gene Ratcliffe (excused)
Staff members in attendance: William Cunningham, Interim Planning Director; Omar
Sandoval, Deputy City Attorney; David Contreras, Associate Planner; Sue McCullough,
Recording Secretary.
ORA6 COMMUNICATIONS
None,
CON ENT 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.
1. APPROVAL OF PLANNING COMMISSION MINUTES OF SEPTEMBER 12-
2006.
.San Juan Cal istrano. Preser1•hkg the Past to Enhance the I-lltlwe
gw� Prir7ea er, recyelea pX-0r
PC Meeting 2 December 12, 2006
2. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF
NOVEMBER 14, 2006.
Vice Chairman Cohen moved approval, seconded by Commissioner Drey, of the
Consent Calendar. The motion passed by a vote of 3-0.
PUBLIC HEARINGS
TREE REMOVAL PERMIT (TRP) 06-081 AND ZONE VARIANCE (ZV) 06-05,
TROUBLEMANS COTTAGE, AN APPLICATION TO REMOVE ONE (1) ASH TREE
WITH A DIAMETER OF OVER 40 INCHES AND A ZONE VARIANCE TO SECTION 9-
3.301, RESIDENTIAL DEVELOPMENT STANDARDS TO ALLOW AN 8'-0"
ENCROACHMENT OF A NEW SINGLE FAMILY RESIDENCE INTO THE FRONT
YARD SETBACK, WHERE A 18'-0" FRONT YARD SETBACK IS REQUIRED FOR THE
PRIMARY STRUCTURE, ON AN APPROXIMATELY 6,000 SQUARE FOOT LOT WITH
A GENERAL PLAN DESIGNATION OF MEDIUM HIGH DENSITY AND A ZONING
DESIGNATION OF MISSION RESIDENTIAL (MRD -4,000) ZONE DISTRICT,
GENERALLY LOCATED 300 FEET NORTH OF ACJACHEMA STREET AT 31474 LA
CALERA STREET (APN 124-211-11). (APPLICANT: DAMIEN COLLINS)
Written Communications
December 12, 2006
Property Owner
Damien Collins, 24901 Dana Point Harbor Dr. #200, Dana Point, CA 92629
Design Architect
Dana Somsel, 22 Finca, San Clemente, CA 92672
Staff presentation & recommendation
Mr. Contreras presented the staff report saying that the applicant requests approval to
remove one (1) Ash Tree with a diameter of over 40 inches and a Zone Variance to
Section 9-3.301, Residential Development Standards to allow an 8'-2" encroachment of
a new single family residence located at 31474 La Calera Street, into the front yard
setback, where an 18'-0" front yard setback is required for the primary structure.
Based on staff's inspection and the necessity for relocating the historic Troublemans
Cottage, staff recommends that the Planning Commission approve the tree removal and
condition the project for a replacement of a tree that would be suitable for the property
and that is consistent with the overall streetscape.
PC Meeting 3 December 12, 2006
Staff has determined that the proposed relocation of the historic Troublemans Cottage
and the reduction in front yard setback to 9'-8" is in compliance with Title 9 and the
General Plan.
Staff placed on the dais for Commissioner review a letter received from an adjacent
property owner at 31471 La Matanza.
Commissioner Questions and Comments
Vice Chairman Cohen asked if there are findings for removal of the tree. Mr. Sandoval
said under Section 9-2.349.b3 of the Municipal Code the findings are not needed in
conjunction with an application for a development.
Chairman Cardoza asked if specific design parameters were recently established for the
Mission Flats area. Mr. Contreras said the structure is within the Mission Hill and
Mission Flats residential areas covered by the MRD — 4,000 District.
Public Hearings
Applicant Damien Collins, 25801 Paseo de La Paz, said the historic home was
purchased from the City of San Juan with the purpose of relocating it to the property
located at 31474 La Calera Street, and the tree needs to be removed in order for the
home to fit on the property.
Vice Chairman Cohen asked if an arborist report had been submitted to the City. Mr.
Collins said no, but that a tree trimmer said that there was no way to make the tree look
right because it had been topped.
Joe Seymour, 31491 La Calera, spoke in opposition to the tree removal and to the
placement of the historic home on the property with an 8' setback.
Tony Brown, 31481 La Calera, spoke in opposition to removing the tree and to the 8'
setback, and suggested removing both dwelling units currently on the property.
Mr. Sandoval said in considering development applications where tree removals are
requested, the City may cause to be prepared a report by an arborculturalist to include
evaluation of the health of the trees.
Vice Chairman Cohen said he is not prepared to move on the item since he viewed the
31476 La Calera Street property listed on the Agenda.
Orie Brown, 31481 La Matanza, spoke in opposition to the proposed project due to the
requirement for a variance, and suggested removing the two existing structures on the
lot.
Commissioner Drey said that placing a 2 -story structure close to the curb would be a
drawback in the single -story neighborhood.
PC Meeting 4 December 12, 2006
Commissioner Neely said that the City's policy has been to save trees, and he sees no
reason for an 8' setback.
Chairman Cardoza asked if the carport structure is used as a carport. Mr. Contreras
said the Municipal Code requires that every single-family dwelling have a covered
parking spot, and that the existing carport is shared by two dwelling units.
Chairman Cardoza asked if the Troublemans Cottage is still owned by the City. Mr.
Contreras said the City no longer owns the structure which will need to be relocated
away from the Los Rios park site.
Mr. Collins said an elderly person has lived in the back house for over 25 years, and
does not have another place to go on her fixed income.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Drey, to deny an application
to remove one (1) Ash Tree with a diameter of over 40 inches and an inability to make
findings for granting a Zone Variance to allow an 8'-2" encroachment of the relocated
Troublemans Cottage into the 18'-0" front yard setback of the property located at 31474
La Calera Street and more precisely referred to as Assessors Parcel Number (APN)
124-211-11 (Collins).
AYES: Commissioners Drey, Neely, Vice Chairman Cohen, Chairman Cardoza
NOES: None
ABSENT: Commissioner Ratcliffe
ABSTAIN: None
The motion passed by a vote of 4-0.
Mr. Sandoval said that the resolution of denial could be adopted at the January 9, 2007
Planning Commission meeting and the applicant would have the option to appeal to the
City Council within 15 days after adoption of the resolution.
Commissioner Neely asked that staff facilitate the process if the applicant wishes to
appeal to the City Council.
OLD BUSINESS
None.
NEW BUSINESS
None.
COMM ISSI ONISTAFF COMMENTS
PC Meeting 5 December 12, 2006
Mr. Cunningham said the zoning code workshops would start in January 2007.
Commissioner Neely asked about a temporary chain-link fence near the intersection of
La Novia and Valle Road. Mr. Cunningham said that grading would be starting soon in
that area.
Vice Chairman Cohen mentioned the lively colors in the wall signs in the Von's Center.
Mr. Contreras said staff would observe the site to see if the colors are in conformance
with the sign program.
Chairman Cardoza wished everyone a Merry Christmas, Happy Holidays, and Happy
New Year.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
7:52 p.m.
The next regular meeting is scheduled for Tuesday, January 9, 2007, at 7:00 p.m. in the
Council Chambers.
Approved:
AIP R0DfiF0
William Cunningham, Interim Planning Director1 10-7