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PC Minutes-2004-10-2632400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493 1 17 1 (949) 493- 1053 FAX ~~~~r:~r:sut~uuiicupisb-ano org MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE L BATHGATE WYAlT HART JOE SOT0 DAVID M. SWERDLIN MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, OCTOBER 26,2004 CALL TO ORDER The meeting of the Planning Commission was called to order by Vice Chairman Cardoza at 7:08 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL: Commissioners Present: Tim Neely, Chairman Robert Cardoza, Vice Chairman Sheldon Cohen Gene Ratcliffe Commissioners Absent: Joe Drey Staff Present: Molly Bogh, Planning Director; Greg Simonian, Deputy City Attorney; William Cunningham, Contract Staff, Alan Oswald, Traffic Engineer, Sam Shoucair, Senior Engineer; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None CONSENT CALENDAR Minutes September 14, 2004: Commissioner Cohen moved approval, seconded by Commissioner Ratcliffe, of the Minutes of September 14, 2004, and the motion passed by a vote of 3-0, with Chairman Neely abstaining due to his absence at that meeting. San Juan Capistrano: Preserving the Past to Enhance the Future PC Meeting 2 October 26,2004 PUBLIC HEARINGS b 1. REZONE (RZ) 04-06, ARCHITECTURAL CONTROL (AC) 04-02, CONDITIONAL USE PERMIT (CUP) 04-10, ORTEGA RANCH; A REQUEST TO CONSTRUCT AN OFFICE PARK CONSISTING OF APPROXIMATELY 160,000 SQUARE FEET LOCATED ON APPROXIMATELY 18 ACRES OF LAND ON THE WEST SIDE OF RANCHO VIEJO ROAD AND NORTH OF ORTEGA HIGHWAY, AND A REQUEST FOR SHARED PARKING; APN #650-142-04, APN #650-151-11 AND APN# 650-151- - 22. Written Com mu n ica tions Staff report dated October 26, 2004 Proiect Proponents Representative Phillip Schwartze, The PRS Group, 31682 El Camino Real, San Juan Capistrano, CA 92612 Applicant Ortega Ranch, LLC, 3 Park Plaza, Suite 1490, Irvine, CA 92614 Architect Ware Malcomb, 181 11 Von Karman, Suite 600, Irvine, CA 92712 Staff presentation & recommendation Mr. Cunningham presented the staff report as a request to construct an office park located on approximately 18 acres of land on the west side of Rancho Viejo Road and north of Ortega Highway, and a request for shared parking. The item was previously before the Commission as a Work Session item and the plans as reviewed at that meeting remain unchanged. Mr. Cunningham discussed the divergence between what the applicant has asked for, what staff is recommending, and the Transportation Commission recommendation with respect to the driveway entrances on Rancho Viejo Road, and provision of sidewalks. Condition 13.c reflects staffs recommendation that 1) the northerly driveway and the first driveway south of the main entry at Avenida Los Cerritos be eliminated, and 2) the third driveway at the southerly end of the property be restricted to right in, right out movements only. Mr. Cunningham continued that the Transportation Commission recommended that the northerly driveway be retained and only the first driveway south of the main entry at Avenida Los Cerritos be eliminated; and that the turning movements at the southerly driveway include left turns in as requested by the Applicant. The Transportation Commission agreed with staffs recommendation that sidewalks be provided along Avenida Los Cerritos, but concurred with the applicant's plans that show a meandering sidewalk along a portion of Rancho Viejo Road, but not to the Ortega Highway L PC Meeting 3 October 26,2004 intersection. Conditions 13.b and 34 reflect staffs recommendation that there be a sidewalk along Avenida Los Cerritos, and that the sidewalk along Rancho Viejo Road be extended from the southerly driveway to Ortega Highway. u Mr. Cunningham stated staff recommends that no individual retail tenant be allowed in excess of 4,000 sq. ft. in order to ensure that no single large tenant occupy a building so that smaller support retail uses only are permitted, and that the Comprehensive Development Plan (CDP) clearly define support retail. Mr. Cunningham continued, stating that staff concerns include a need for the applicant to provide some directional signage to existing and future uses along Avenida Los Cerritos in the main entry signs, that the main entry at Avenida Los Cerritos not appear to be a private entrance, that the park-and-ride operation at the church would cease, and that some arrangement would be made for the loss in parking in the event that the church expands in the future. He also noted the following correction for page 2 of the Resolution: replace “ElR” with “MND” (Mitigated Negative Declaration). Mr. Cunningham concluded staff’s report recommending that the Planning Commission review Rezone (RZ) 04-06, Architectural Control (AC) 04-02 and Conditional Use Permit (CUP) 04-10 for Ortega Ranch Business Park, receive public testimony, and move to adopt the attached draft resolutions adopting the Mitigated Negative Declaration and approving the Architectural Control and Conditional Use Permit applications, subject to the attached conditions of approval; and recommending to the City Council approval of the Zone Change and adoption of the Comprehensive Development Plan. Commission Questions and Comments Commissioner Cohen asked Alan Oswald to discuss the term “friction points” and asked if he is satisfied that one left-turn entry is adequate to accommodate traffic flow. Mr. Oswald said that driveways typically are friction points that don’t allow free flow of traffic, additional driveways slow traffic and increase the likelihood for accidents, and that one left-turn entry at Avenida Los Cerritos is adequate to accommodate traffic flow. W Commissioner Cohen asked Mr. Cunningham if page 19 of the CDP regarding permitted uses for planning areas 1 and 2 gives the applicant carte blanche regarding suitable tenants. Mr. Cunningham answered that staff’s concern is with support retail and that, as currently written, a larger retail use that is not clearly a support use could be interpreted as being allowed. Mr. Cunningham further stated that is why staff is recommending a definition for support retail, including examples, and why staff recommended that any retail tenant be limited to 4,000 sq. ft. Public Hearing Phillip Schwartze, 31 682 El Camino Real, representing the applicant, said that the applicant met with the DRC, Cultural Heritage Commission, Traffic and Transportation Commission and at a work session with the Planning Commission to resolve issues. The applicant does not feel it is their responsibility to provide signage for off-site uses. L- PC Meeting 4 October 26,2004 The applicant agrees to a 4,000 cap on the retail and to improving the CDP with ‘,- expanded definition of uses. Steve Sandland, Vice President Development for Centra Realty Corporation, 3 Park Plaza, lrvine (Applicant) described the project with 15,000 sq. ft. dedicated to medical office and a maximum of 13,942 sq. ft. dedicated to support retail. The applicant would like to keep the service commercial definition as broad as possible and would agree to the 4,000 sq. ft. limit, but would request that anything over 4,000 sq. ft. be permitted with the approval of a CUP. Mr. Sandland presented a photographic site tour. The applicant is opposed to putting in additional sidewalks along Avenida Los Cerritos and along Rancho Viejo Road due to the need for extensive grading and retaining walls as well as the sensitive habitat area. Mr. Sandland described the four proposed entrances, and provided exhibits prepared by Austin Foust, traffic engineer. Mr. Sandland said that the only request for directional signage supported by the applicant is for the church. Mr. Sandland requested the following changes to the Conditions of Approval: In Condition 2, add “without approval of a CUP” at the end of the last sentence. In Condition 12, strike the last two sentences from “In addition,” through “Planning Director.” He requested that Condition 13.g. be deleted so that the applicant can provide left turn access to the southerly drive. He raised a question about the non-CCFP improvements in Number 2. On page 11, Condition 34, he requested that the condition requiring sidewalks be deleted. ‘V Mr. Sandland also acknowledged that a separate tree removal permit will be necessary, but asked that the Planning Commission indicate conceptual approval of the tree removals and authorize staff to approve such permits in the future. Mr. Cunningham asked for clarification of the applicant’s suggested wording for Condition 2. Mr. Sandland said that the applicant should be allowed to have businesses in excess of 4,000 sq. ft. with a CUP. Commissioner Cohen asked if the Code allows the Commission to defer to the Planning Director for tree removal. Ms. Bogh said Title 9 of the Development Code has specific regulations for tree removals and specifies the reviewing authority. For example, any tree in excess of 24 inches in diameter must be reviewed and approved by the Planning Commission. The applicant will be required to apply for a Tree Removal Permit and it will be processed in accordance with Title 9 requirements. Mr. Schwartze asked that the Commission reconsider requiring improvements for additional ramp lanes, since there would be full interchange improvements in a few years, and that the applicant should be required to pay fees for the improvements rather than actually construct the improvements at this time. Commissioner Cohen asked for clarification of the square footage for the entire project. Mr. Schwartze said the total square footage of the project is 159,138 sq. ft. with up to 15,000 sq. ft. medical and up to 13,900 sq. ft. for support retail in general, such as a u PC Meeting 5 October 26.2004 small cafe, dry cleaner, copier, which would leave approximately 120,000 sq. ft. for office general retail within the permitted uses as laid out in the CDP. L- Commissioner Cardoza asked for clarification of the sidewalks planned and how the open space would be addressed. Mr. Sandlin said that no improvements were being proposed to the open space. Commission Questions and Comments Commissioner Cardoza voiced concern that the open space might become neglected, and said that the DRC had recommended 2 driveways on Rancho Viejo Road. Commissioner Ratcliffe said that a sidewalk is necessary along Avenida Los Cerritos and stressed the importance of maintaining pedestrian access along public streets. Commissioner Cohen said that Condition 2 as worded is inconsistent with the CDP and the applicant’s intent. The CDP includes complementary uses and general retail uses. Any retail use in excess of 4,000 sq. ft. would have to be subject to a CUP. Commissioner Cohen would like to see examples of other intended uses and a signalized entrance at Avenida Los Cerritos, and a southerly right-in, right-out left turn in. Commissioner Cohen said that sidewalks are essential along the west side of Rancho Viejo Road to Ortega. Chairman Neely stated he would like to see some building design elements brought back to the DRC, such as more variation in building color. Chairman Neely voiced concern that buildings that abut the freeway become marginal commercial operations. He stated his recollection that the DRC agreed on three driveways, deleting the one southerly of the main entrance. The sidewalk within Los Cerritos might have benefit for both internal users and residents from Marbella and Honeyman. Chairman Neely stated his opposition to a sidewalk along the west side of Rancho Viejo Road or along Los Cerritos to the 1-5 Ortega interchange. Chairman Neely said the sidewalk along frontage from the southerly driveway goes to the north driveway. On the south exterior elevation of Building A-4, there is a two-story tower element that is massive and should be further reviewed by DRC. LJ Ms. Bogh said that several changes to the conditions of approval and CDP will be needed to reflect the direction of the Planning Commission Ms. Bogh said the Commission may want to ask for a continuance of this item to get the CDP language revised regarding retail uses and change the conditions regarding the number of driveways, the back side of Building 3, changes to the two-story tower elements, building colors, sidewalks, and tree removals. Mr. Simonian, Acting City Attorney, asked for further clarification and direction through a consensus vote on each of the conditions recommended for revision. He asked that Attachment 8 be amended to reflect that a specific provision regarding the discontinuance of the park-and-ride program be included in that agreement. b PC Meeting 6 October 26,2004 Commissioner Cohen asked for Commissioners’ opinions on the highway improvements. Chairman Neely stated he would favor a set-aside and participation in the ultimate improvements rather than doing interim improvements. ‘L Commissioner Cardoza stated he would favor a condition regarding erosion control and general maintenance and cleanup of that the open space area. Chairman Neely declared that a break be taken at 8:45 p.m. and reconvened the meeting at 9:lO p.m. Mr. Schwartze said that the freeway signage, architecture, and color diversification should return to the DRC for review. The applicant is willing to concede on removal of the middle southerly access point. The open space should be left as a riparian habitat, and maintenance can be included in the CC&Rs. Ms. Bogh referred to the Conditions mentioned by Mr. Sandland and comments by Mr. Schwartze to get a consensus on direction for staff. Staff would recommend the following changes to the Revised Conditions of Approval handed out this evening: Condition 2, add at the end of the sentence ending 4,000 sq. ft. “except as otherwise approved through issuance of a Conditional Use Permit.” Staff recommends continuing the CDP and working on that language with staff and the Applicant and bringing back that language to the Planning Commission. Commissioner Cohen suggested that after the word “business” strike “within the support retail category.” u Chairman Neely said that one tenant in Building 3 could require one sign as opposed to multiple signs for small businesses. He would like to see language that says, “None of the support retail would be permitted in Building 3 or in Building A-I.” Mr. Cunningham said that commercial retail is restricted to Buildings A-7 and B-I only. Commissioner Ratcliffe said that the term “business” is broad. In allowed uses there were other kinds of commercial businesses such as support retail and banking. Commissioner Cohen said an office type of business could have 75 - I00 employees. Ms. Bogh suggested writing the condition to say that retail could only occur in Buildings A-7 and B-I and that none of the other buildings can have retail. In Buildings A-7 and B- 1 any retail space over 4,000 sq. ft. needs a CUP. Ms. Bogh said that on Condition 12 regarding off-site directional signage, the applicant is requesting the deletion of the second half of that condition starting with the words, “In addition”. Commissioners Cardoza, Cohen and Ratcliffe voiced agreement. Ms. Bogh said that on Item 13.C and 13.G, the consensus of the Commission was to have two driveways on Rancho Viejo Road in addition to Los Cerritos, with the one L PC Meeting 7 October 26,2004 proposed directly south of Los Cerritos to be deleted, and to allow left-turn access into but not out of the southerly driveway. Mr. Cunningham said staff would recommend that language be added that the driveway be designed to the approval of City engineers that left turn out would not be allowed. ,.- Commissioner Cohen asked what is known regarding Caltrans improvements to the northbound ramps and the signalization of Los Cerritos and Ortega. Ms. Bogh said that staff expects to get the project study report on the interchange back in the next 3-4 months from Caltrans. Commissioner Cohen asked if there are cost estimates of the offsite improvements the applicant is being asked to make. Mr. Sandland said the applicant believes it is in the neighborhood of $1 ,OOO,OOO+. Chairman Neely said that money could be put to excellent use toward a permanent solution of the interchange, and local match becomes significant in achieving agency funding. Mr. Simonian suggested allowing the City Attorney’s office to meet and confer concerning the creation of an Agreement with the applicant to come up with an equitable cost for those traffic-related offsite impacts and deposit those funds in an earmarked account for future use on that particular intersection. Ms. Bogh said more time is needed at the staff level to bring a recommendation to the next Commission meeting. b Ms. Bogh said on Item 34, staff would recommend that the sidewalk be continued connecting this project to the Marbella Plaza and a sidewalk on at least one side of Los Cerritos. Chairman Neely said that he would favor the applicant’s suggestion to do a sidewalk study. Commissioner Cohen asked if the Land Use Code mandates sidewalks or gives the Commission the discretionary authority not to require them. Ms. Bogh said that Title 9 language allows the City Engineer to vary the width of the sidewalks. Staff will get back to the Commission regarding if there is a way to vary the requirement for sidewalks in commercial areas. Including language in the CDP would be one way to deviate from the standard street cross section requirements. Mr. Schwartze asked if the applicant could proceed to the City Council regarding the zone change as the time period is critical. Mr. Cunningham said that the decision on the AC and CDP rests with the Planning Commission and would not automatically go on to City Council. The only item that is going on to City Council is the Commission’s recommendation on the PC-CDP part of the zone change. Ms. Bogh said it would be premature to ask the Planning Commission to adopt the resolution approving the CDP, since the final wording on support retail uses is not yet drafted. PC Meeting 8 October 26.2004 Motion Commissioner Cohen moved, seconded by Commissioner Cardoza, to continue the item to the November 9, 2004 Planning Commission meeting to allow staff and the applicant to address the issues that Ms. Bogh discussed in reviewing the Conditions of Approval. L AYES: Commissioners Cohen, Ratcliffe, and Cardoza and Chairman Neely NOES: None ABSENT: Commissioner Drey ABSTAIN: None This motion passed by a vote of 4-0. 2. ARCHITECTURAL CONTROL (AC) 04-08, ZONE VARIANCE (ZV) 04-09, GATES OFFICE BUILDING; A REQUEST FOR A 14,310 SQUARE-FOOT OFFICE BUILDING ON A .84 ACRE PARCEL LOCATED AT 31601 AVENIDA LOS CERRITOS, AND GENERALLY LOCATED ON THE WEST SIDE OF AVENIDA LOS CERRITOS AT THE SOUTHERLY TERMINUS OF THE STREET; APN #650-151-17. Written Communications Staff report dated October 26,2004 'v Applicant Robert C. Lenz, 716 Avenida Columbo, San Clemente, CA 92672 Owner(s) The Gates Family Trust, 28546 Paseo Diana, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Cunningham presented the staff report as a request for a 14,310 square-foot office building on a .84-acre parcel located at 31601 Avenida Los Cerritos. The applicant has revised his plans to respond to DRC suggestions and comments regarding the planter areas, stairway, and the appearance of the parking structure. A draft condition has been included which states that the monument sign is not a part of the application since the Office Commercial Zone does not allow monument signs. A revision deals with traffic mitigations of the participation and signalization at Avenida Los Cerritos and Rancho Viejo Road. Staff feels that the findings for the Architectural Control and the mandatory findings for the Variance can be made in this case. Staff recommends approval. PC Meeting 9 October 26,2004 Public Hearinq Applicant Brad Gates said that Condition 11, Grading Coordination allows that if an agreement cannot be reached with the adjacent property owner to the south, the applicant shall build the wall as proposed in the plans. Commission Questions and Comments Commissioner Cohen asked if members of the DRC feel comfortable that the applicant has addressed DRC concerns. Commissioner Cardoza said that the applicant has complied with DRC concerns. Chairman Neely voiced concern regarding two retaining wall issues, including one retaining wall abutting the freeway frontage and in between the retaining wall and the freeway right-of-way is a strip of land owned by the church located on Avenida Los Cerritos. Another issue is blending the retaining wall with the gas station property. Chairman Neely stated he is not comfortable with the proposed freeway signage along the back of the project. Mr. Gates said that included in the plans are wall details showing the connection to the gas station site and the other adjoining property. Commissioner Cardoza suggested a landscape buffer, refinements to the planters, and textured paving at the entrance. L Commissioner Cohen asked whether or not the Conditions of Approval had been altered with respect to the fair share contribution to traffic improvements. Ms. Bogh said that the chart on page 7 was revised to show changes. Ms. Bogh recommended adding a condition saying signs will comply with the zoning ordinance. Mr. Gates said they are not allowed any signage at the entry from Rancho Viejo to Los Cerritos Road. Ms. Bogh recommended that Condition 1 be modified to add after October 26, 2004, “except that signage shall be a separate approval.” Motion Commissioner Cardoza moved, seconded by Commissioner Cohen, to adopt Resolution 04-1 0-26-1 approving the mitigated negative declaration and conditionally approving architectural Control (AC) 04-08 and Zone Variance (ZV) 04-09 for development of a new office building on approximately .838 acre of land located at 31601 Avenida Los Cerritos, with change to Condition I that signage is not part of this action (Gates Office Building - APN 650-151-17) AYES: Commissioners Cardoza, Cohen, and Ratcliffe NOES: Chairman Neely ABSENT: Commissioner Drey ABSTAIN: None This motion passed by a vote of 3-1. PC Meeting 10 October 26,2004 3. CONDITIONAL USE PERMIT (CUP), ARCHITECTURAL CONTROL (AC) 04-03: *- ORTEGA HIGHWAY GAS STATION. CONDITIONAL USE PERMIT, ARCHITECTURAL CONTROL, AND ZONING EXCEPTION APPLICATIONS FOR DEVELOPMENT OF A NEW GAS STATION, MINIMART, CAR WASH, AND MEZZANINE OFFICE ON A 48,238 SQUARE FOOT SITE LOCATED ON THE NORTH SIDE OF ORTEGA HIGHWAY AT AVENIDA LOS CERRITOS (AT THE OLD SHELL STATION SITE, APN 650-151-18). Staff recommends that this item be continued to the Planning Commission meeting on November 9, 2004, to allow the applicant additional time to submit revised exhibits. Motion Commissioner Cohen moved, seconded by Chairman Neely, to continue the item to the November 9 Planning Commission meeting. AYES: Commissioners Cardoza, Cohen, and Ratcliffe, and Chairman Neely NOES: None ABSENT: Commissioner Drey ABSTAIN: None This motion passed by a vote of 4-0. UNFINISHED BUSINESS None. NEW BUSINEB None L-., COMMISSION/STAFF COMMENTS Ms. Bogh stated she has asked the City Attorneys' office to provide training to the Planning Commission on the public meeting laws and conflict of interest laws at the November 23 meeting, along with the joint workshop with the DRC and Planning Commission. Chairman Neely asked regarding the status of J. Serra. Ms. Bogh said J. Serra is scheduled to go back to the DRC at the November 4 meeting. The County Registrar of Voters is to get back to the City in November regarding the number of valid signatures on the petitions. PC Meeting 11 October 26,2004 LJ ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:30 p.m. The next regular meeting is scheduled for Tuesday, November 9, at 7:OO p.m. in the Council Chambers. Respectfully submitted, a% Planning Director /sm