PC Minutes-2004-10-2632400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493 1 17 1
(949) 493- 1053 FAX
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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