PC Minutes-2004-11-092400 PASEO ADELANTO
bSAN JUAN CAPISTRANO. CA 92675
(949) 493- 1 1 7 1
(949) 493- 1053 FAX
www.sanjuancapistrano org
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, NOVEMBER 9,2004
L
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOT0
DAVID M SWERDLIN
CALL TO ORDER
The meeting of the Planning Commission was called to order by Chairman Neely at
7:07 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL:
Commissioners Present: Tim Neely, Chairman
Robert Cardoza, Vice Chairman
Sheldon Cohen
Joe Drey
Gene Ratcliffe
Commissioners Absent: none
Staff Present: Molly Bogh, Planning Director; Omar Sandoval, Deputy City Attorney;
William Cunningham, Contract Staff, Bill Ramsey, Principal Planner; Larry Lawrence,
Consulting Project Manager; Lynnette Adolphson, Management Analyst; Sam Shoucair,
Senior Engineer; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Minutes SeDtember 28. 2004: Commissioner Cardoza moved approval, seconded by
Commissioner Cohen, of the Minutes of September 28,2004, and the motion passed by
a vote of 4-0, with Chairman Neely abstaining due to his absence at the meeting of
September 28.
Sun Juan Capistrano: Preserving the Past to Enhance the Future .-. D^^.-* ^I .~-..--A ^-^^.
PC Meeting 2 November 9,2004
PUBLIC HEARINGS
v 1. CONTINUED CONSIDERATION OF 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 #650-151-1 I AND APN# 650-1 51-22.
Continued from the October 26, 2004 Planning Commission Hearing.
Written Communications
Staff report dated November 9,2004
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
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Staff presentation & recommendation
Mr. Cunningham presented the staff report as an item continued from the last meeting
regarding 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. Mr. Cunningham addressed issues raised during the prior
Planning Commission meeting on this project, including the process for reviewing tree
removal permits; traffic issues related to the interchange improvements and the
Applicant’s concern regarding putting the improvements in prior to having work done on
the interchange; support retail definition and examples; directional signage for other
businesses along Avenida Los Cerritos; permitted wall signage on the back side of
Building B3; use of the natural open space area; elimination of the first driveway south
of Avenida Los Cerritos; reconfiguration of the southerly driveway to allow left turn-in
movements; and proposed sidewalks along Rancho Viejo Road and Avenida Los
Cerritos.
Mr. Cunningham continued, stating that Exhibit 1 to the first resolution provides a strike-
out, underline version of the Conditions of Approval. Exhibit 1 to the second resolution
provides a strike-out, underline version of the Composite Development Plan. Staff
added a new Condition 66 to address Commission concerns relative to the open space
area being maintained in perpetuity by the owner or any successors in ownership. Staff Ll
PC Meeting 3 November 9,2004
recommends the Commission discuss alternatives for sidewalks. Staff continues to
recommend that sidewalks be installed on both Avenida Los Cerritos and Rancho Viejo
Road, due to safety and convenience issues.
Mr. Cunningham concluded the staff report stating staffs recommendation that the
Planning Commission take action to approve the AC subject to the Conditions of
Approval and recommend approval of the zone change and associated Comprehensive
Development Plan to the City Council.
Commission Questions and Comments
Commissioner Cardoza asked what the impacts might be of a retaining wall to allow the
sidewalk to be constructed along the southern portion along Rancho Viejo Road. Ms.
Bogh said there would be a need for a 3 ft. to 5 ft. high retaining wall, which would be
needed in order to save the existing street trees. If the trees were removed and
replaced, a retaining wall would not be needed.
Commissioner Cohen asked if the Land Use Code for commercial developments
requires sidewalks. Mr. Sandoval said there is no specific requirement; however the
Planning Commission has discretion under the Architectural Control Review to
determine whether the sidewalks would be required on the site plan related to the
functional safety of the site plan. Ms. Bogh added that the City’s standard for streets
within commercial areas does include sidewalks, and there is a Code provision saying
the City Engineering Department can waive that based upon other circumstances. Mr.
Sandoval said that if sidewalks were required then the provision Ms. Bogh referred to
does have a standard width of the sidewalk for commercial and residential sidewalks.
Ms. Bogh said that staff recommends 5 ft. from curb face along Los Cerritos and
Rancho Viejo Road per Section 13.b of the draft resolution.
Public Hearing
Steve Sandland, Vice President Development for Centra Realty Corporation, 3 Park
Plaza, Irvine, asked the Commission to review the tree removal plan in conjunction with
the Development Plan and the Landscape Plan. Mr. Sandland said that the Applicant
agrees with staff recommendations regarding traffic mitigation fair share requirements
and support retail uses. The Applicant has agreed to the redesign of the entrance and
removal of the special paving and believes that it is not necessary to provide directional
signage at the project entrance. The Applicant requests signage on the freeway side of
Building B3. The Applicant agrees with staff recommendations on open space and with
staff recommendations on driveway entrance circulation movements, but does not
agree that a median within Rancho Viejo Road is necessary. The Applicant does not
believe that a sidewalk is necessary on Avenida Los Cerritos or along the southerly
portion of Rancho Viejo Road. The Applicant agrees with all the Conditions with the
exception of Condition 12, and asked that the last two sentences be deleted. In
Condition 13.g the Applicant would delete “in median island” and have the last sentence
read, “The design of the driveway shall be approved by the City Engineer.” The
Applicant requests that Condition 34 be deleted in its entirety.
PC Meeting 4 November 9,2004
Commissioner Questions and Comments
'W Commissioner Drey spoke in opposition to sidewalks on Rancho Viejo Road and on the
east side of Avenida Los Cerritos, and to a stairway leading from Building AI to the
Ortega intersection.
Commissioner Cardoza spoke in opposition to a sidewalk on Rancho Viejo Road and in
support of the sidewalk on one side of Avenida Los Cerritos.
Commissioner Ratcliffe spoke in support of sidewalks along Avenida Los Cerritos and
Rancho Viejo Road due to pedestrian safety issues.
Commissioner Cohen concurred with Commissioner Ratcliffe in support of sidewalks on
the west side of Rancho Viejo Road.
Chairman Neely asked the Commissioners if the reason they feel that there is no need
for a sidewalk along Avenida Los Cerritos on this project is because they believe that
there is going to be a sidewalk on the other side. Commissioner Cardoza asked for
clarification from staff as to why the sidewalk was required on one side of Avenida Los
Cerritos. Mr. Cunningham said that staffs position is that sidewalks should be provided
on both sides of the street, that sidewalks were required of the recently-approved Gates
office project, and that sidewalks on the west side of Los Cerritos would most likely be
required at the time the church expansion plans are submitted.
Chairman Neely said that he would like to see the two-story tower elements for those
buildings with two-story glazing and color palette be brought back to the DRC, and that
he would be in favor of no sidewalk on Avenida Los Cerritos on this project and no
sidewalk on Rancho Viejo Road with the exception of sidewalk connections between
parking lots and the Avenida Los Cerritos crosswalk and connections to entrances on
the east elevations of those buildings fronting Rancho Viejo Road.
Commissioner Drey said that he concurs with Chairman Neely regarding sidewalk
issues.
The Planning Commission discussed the issues of sidewalks, the number and
configuration of driveways, maintenance of and accessibility to the northern open space
area, signage, building colors and tower designs. The Commission recommended
modifications to several conditions in moving to approve the project, as follows:
Motion
Chairman Neely moved, seconded by Commissioner Cardoza, to adopt Resolution 04-
1 1-09-1 approving the Mitigated Negative Declaration and conditionally approving
Architectural Control (AC) 04-02 and Conditional Use Permit (CUP) 04-1 0, and
Resolution 04-1 1-09-2 recommending to the City Council approval of Rezone (RZ) 04-
06 and Comprehensive Development Plan (CDP) 04-01, for construction of an office
park on approximately 18 acres of land located at the northwest corner of Ortega
PC Meeting 5 November 9,2004
Highway and Rancho Viejo Road, with the following changes to Conditions in
Resolution 04-1 1-09-1 : In Condition 12, (Sign Program) delete the last two sentences.
Condition 13.b (Site Plan Revisions) shall be revised to eliminate any sidewalks along
Avenida Los Cerritos and to eliminate the sidewalks along Rancho Viejo Road with the
exception of sidewalk connections between the parking lots and the corner at Avenida
Los Cerritos and to the street sides of buildings along Rancho Viejo Road as needed to
connect to doorways. Condition 13.g shall be revised to eliminate the requirement for a
raised median in Rancho Viejo Road, but shall require a raised median in the driveway
to prevent left turns out of the driveway. Condition I3 shall be revised to require DRC
review and approval of colors/materials, redesign of two story tower elements on
Buildings A4, A5, B3 and B5 (including the signage on the west elevation of Building
B3), and design of a pathway from the northerly driveway to the northerly property line.
Rename Condition 34 “Sidewalk Installation” and revise in accordance with the revised
Condition 13.b. (Ortega Ranch 8usiness Park - APN 650-142-04,650-151-1 I and 22).
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AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed by a vote of 5-0.
Chairman Neely declared a recess at 8:20 p.m. and reconvened at 8:45 p.m.
b
2. CONTINUED CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 04-03,
CONDITIONAL USE PERMIT (CUP) 04-01. ORTEGA HIGHWAY GAS; A REQUEST
FOR 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).
Continued from the October 26, 2004 Planning Commission Hearing.
Commissioner Cardoza recused himself from this item due to potential conflict of
interest.
Written Communications
Staff report dated November 9,2004
Awlicant
Phillip Schwartze, for M&M Petroleum, The PRS Group, 31682 El Camino Real, San
Juan Capistrano, CA 92675, 949-240-1 322
PC Meeting 6 November 9,2004
Applicant - Property Owner
Bob Hendrickson, P.O. Box 5776, lrvine, CA 92616,949-721-9747 L
Architect
Richard Finkel, Bundy-Finkel Architects, 20331 lrvine Avenue, Suite 7, Santa Ana
Heights, CA 92707, 949-850-76575
Civil Enqineer
Dru Mayers, Mayers & Associates, 19 Spectrum Pointe Drive, #609, Lake Forest, CA
92630,949-599-0870
Staff mesentation 2% recommendation
Mr. Lawrence presented the staff report as continued consideration of Architectural
Control (AC) 04-03, Conditional Use Permit, Architectural Control, and Zoning
Exception Applications for development of a new gas station, minimart, car wash, and
mezzanine office at the Old Shell station site located on the north side of Ortega
Highway at Avenida Los Cerritos.
Mr. Lawrence summarized the considerations of the appropriateness of the proposed
use:
1.
2.
3.
4.
Consistency with nearby land uses.
Is there a need for another gas station in this area? The existing Chevron station
would be removed if one of the alternatives for the Ortega 1-5 interchange
reconstruction is selected.
Access to the site is limited. If the project is approved the traffic study and
engineering staff recommend a condition that only right turns in and out of the
project be allowed.
What would the traffic generation comparison between a gas station and an
office be? An office development would generate less peak hour trafftc than a
gas station and a minimart.
Mr. Lawrence recommended that the Planning Commission determine whether the
proposed gas station use is appropriate for the site based on the considerations
identified in the staff report. If the use is determined appropriate, staff recommends
approval of the Conditional Use Permit, Architectural Control and Zoning Exception
Applications based on the findings and subject to the conditions in the resolution
attached to the staff report.
Commissioner Questions and Comments
Commissioner Cohen asked if trip generation was factored into the retail food operation.
Mr. Lawrence answered yes and said that Bill Darnell was present to answer technical
questions. Bill Darnell, Darnell and Associates, said that average rates used include the
project uses.
Commissioner Cohen asked about signage. Mr. Schwartze referred to sample signage
on the boards, and said there is no pole or monument sign.
\v
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PC Meeting 6 November 9,2004
ADDlicant - Property Owner
Bob Hendrickson, P.O. Box 5776, Irvine, CA 92616,949-721-9747
Architect
Richard Finkel, Bundy-Finkel Architects, 20331 lrvine Avenue, Suite 7, Santa Ana
Heights, CA 92707, 949-850-76575
Civil Enqineer
Dru Mayers, Mayers & Associates, I9 Spectrum Pointe Drive, #609, Lake Forest, CA
92630, 949-599-0870
Staff presentation & recommendation
Mr. Lawrence presented the staff report as continued consideration of Architectural
Control (AC) 04-03, Conditional Use Permit, Architectural Control, and Zoning
Exception Applications for development of a new gas station, minimart, car wash, and
mezzanine office at the Old Shell station site located on the north side of Ortega
Highway at Avenida Los Cerritos.
use:
1.
2.
3.
4.
Mr. Lawrence summarized the considerations of the appropriateness of the proposed
Consistency with nearby land uses.
Is there a need for another gas station in this area? The existing Chevron station
would be removed if one of the alternatives for the Ortega 1-5 interchange
reconstruction is selected.
Access to the site is limited. If the project is approved the traffic study and
engineering staff recommend a condition that only right turns in and out of the
project be allowed.
What would the traffic generation comparison between a gas station and an
office be? An office development would generate less peak hour traffic than a
gas station and a minimart.
Mr. Lawrence recommended that the Planning Commission determine whether the
proposed gas station use is appropriate for the site based on the considerations
identified in the staff report. If the use is determined appropriate, staff recommends
approval of the Conditional Use Permit, Architectural Control and Zoning Exception
Applications based on the findings and subject to the conditions in the resolution
attached to the staff report.
Commissioner Questions and Comments
Commissioner Cohen asked if trip generation was factored into the retail food operation.
Mr. Lawrence answered yes and said that Bill Darnell was present to answer technical
questions. Bill Darnell, Darnell and Associates, said that average rates used include the
project uses.
Commissioner Cohen asked about signage. Mr. Schwartze referred to sample signage
on the boards, and said there is no pole or monument sign.
PC Meeting 7 November 9,2004
W Public Hearinq
Phillip Schwartze, representing M&M Petroleum, 31 682 El Camino Real, San Juan
Capistrano, said that M&M Petroleum has been in business 20 years with facilities in El
Monte, Newport Beach, and downtown Los Angeles.
Richard Finkel, Bundy-Finkel Architects, 20331 lrvine Avenue, Suite 7, Santa Ana
Heights, said that they design gas stations as retail centers, and have worked with the
City to provide a project with maximum flexibility for future street needs.
Ed Thurston, owner of the Union 76 Station across the street, spoke in opposition to the
project and said that freeway locations are highly seasonal with higher volume in the
summer. He stated that on a freeway location, fast food generates its own business and
traffic jams, and there will be bright lights at night visible from the freeway.
Commissioner Cohen asked the number of gallons the previous Ortega Shell station
pumped per day. Mr. Thurston said about 50,000 to 70,000 gallons and that this new
station would pump about 350,000 gallons. Chairman Neely asked how much the 76
Station pumps. Mr. Thurston said about 150,000 gallons.
Scott Gates, 31601 Avenida Los Cerritos, said he would like to keep the gas pumps far
from his property and have the Los Cerritos piece abandoned and landscaped.
Phillip Schwartze said this site has been reviewed by the DRC, staff and the Traffic
Commission. From his conversations with the owner of the previous Shell station, they
were pumping between 150,000 and 180,000 gallons per day.
b
Commissioner Questions and Comments
Commissioner Cohen asked Mr. Darnell if his report factored in traffic that would
erroneously proceed eastbound onto Ortega headed for the Shell station only to find
that they can’t enter in off Ortega. Mr. Darnell said the U-turns at Rancho Viejo Road
have been included in the traffic study.
Chairman Neely asked for the status of the City’s involvement in the interchange
design/selection process and for a realistic estimate of when the City may choose to
provide its input to Caltrans. Ms. Bogh said the project study report would be done by
Caltrans in the next four months, and would recommend the top alternatives, with
construction in 2008.
Chairman Neely asked if the requirement in the conditions is to underground utility lines.
Ms. Bogh confirmed the underground utility lines would be along Avenida Los Cerritos.
Mr. Shoucair said the pole at the corner of Ortega and Los Cerritos would be under
grounded through Los Cerritos, but that the lines along the Ortega Hwy frontage might
be too costly to underground because they extend across the freeway.
PC Meeting 8 November 9,2004
Commissioner Cohen said he has concerns about a 5,000 sq. ft. convenience store and
a fast food operation at that site. L
Commissioner Ratcliffe voiced concern with the fast food operation and would need
more information on carwash night lighting.
Chairman Neely voiced concern regarding traffic congestion and would support an
alternate use, such as office use, with no access to Ortega.
Mr. Schwartze said that the convenience store is 3,000 sq. ft., the quick serve
restaurant is 1,000 sq. ft., and the restrooms are about 1,200 sq. ft. with a cooler, the
980 sq. ft. office, and the car wash.
Chairman Neely declared a break at 10:13 p.m. and reconvened at 1O:ZO p.m.
Mr. Schwartze asked for a continuance until the November 23, 2004 Planning
Commission meeting.
The Planning Commission discussed the nature and intensity of uses on the site,
access and building design. They requested additional time to consider the site layout
and various uses, with additional information to be provided by the applicant.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to continue the item to
the November 23 Planning Commission meeting so that staff and the Applicant can
address issues raised.
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AYES: Commissioners Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Commissioner Cardoza
This motion passed by a vote of 4-0 with recusal of Commissioner Cardoza.
3. ARCHITECTURAL CONTROL (AC) 03-08 & CONDITIONAL USE PERMIT
{CUP) 04-03. SHEA THERAPEUTIC RIDING CENTER, A REQUEST FOR APPROVAL
OF SITE PLANS TO 1) CONSTRUCT TWO COVERED ARENAS, APPROXIMATELY
20,000 AND 8.500 SQ. FT., RESPECTIVELY: OFFICE, THERAPY, AND TRAINING
FACILITIES, 24,000 SQ. FT. SERVICE BUILDINGS, APPROXIMATELY 28,500 SQ.
FT.; AND A CARETAKER’S COTTAGE, APPROXIMATELY 800 SQ. FT.: 2) REMOVE
APPROXIMATELY 8,000 SQ. FT. OF EXISTING BUILDINGS. THE PROJECT SITE IS
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PC Meeting 9 November 9.2004
LOCATED AT 26284 OS0 ROAD, SOUTH OF OS0 ROAD AND APPROXIMATELY
‘v I00 FEET WEST OF AVENIDA DE LA VISTA; APN 121-07-19,32, & 34.
Written Communications
Staff report dated November 9,2004
Owner
J.F. Shea Therapeutic Riding Center, 26284 Os0 Road, San Juan Capistrano, CA
92675, (949) 240-8441
ADDlicant
Ken Friess, Ph.D., Friess Company Builders Inc., 31658-B Rancho Viejo Rd., San Juan
Capistrano 92675, (949) 487-9700
Enqineer/Architect
Bill Harris, P.E., Hunsaker & Associates, Three Hughes, Irvine, CA 92618-2021, (949)
583-1 01 0
Staff presentation & recommendation Mr. Ramsey presented the staff report as consideration of Architectural Control (AC) 03-
08 & Conditional Use Permit (CUP) 04-03; a request for approval of site and
architectural plans for an existing equestrian center and a conditional use permit for
“equestrian use” on a 5 acre parcel located at 26284 Os0 Road.
Mr. Ramsey stated staff has analyzed the proposed project for consistency with the
applicable General Plan policies and Title 9, Land Use Code standards and criteria for
Conditional Use Permits and Architectural Control Permits. The new facilities would
provide a greater opportunity for this non-profit organization to meet its service
objectives. Staff has concluded that the proposed project will be an asset to the
community by providing a modern equestrian therapeutic facility. The applicant has
been responsive to staff’s and to the Design Review Committee’s comments and
recommendations and has revised plans to reflect their comments. Therefore, the
findings for approval as contained in the resolution can be made.
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Public Hearinq
Ken Friess, 31 506 Paseo Christina, Project Manager, introduced Dana Butler.
Dana Butler, Executive Director, 26284 Os0 Road, played a video of the Shea Center,
where 200 people with special needs are served weekly.
Commission Questions and Comments
Commissioner Cohen asked if members of the DRC feel comfortable that the applicant
has addressed DRC concerns. Commissioner Cardoza answered affirmatively.
PC Meeting 10 November 9.2004
Chairman Neely commented that the applicants had designed the site in accordance
with City design guidelines and as recommended by the DRC, and had done an
excellent job of planning for the site. The other Commissioners concurred. b
Motion
Commissioner Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution
04-1 1-09-3 adopting a mitigated negative declaration and approving Architectural
Control (AC) 03-08 and Conditional Use Permit (CUP) 04-03 for an expansion of an
existing therapeutic equestrian facility located at 26284 Os0 Road, generally located
south of Os0 Road and approximately 100 feet west of Avenida de la Vista (APN 121-
07-1 9, 32 & 34) (Shea Therapeutic Riding Center).
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed by a vote of 5-0.
4. DEVELOPMENT AGREEMENT, TENTATIVE TRACT MAP (TTM) 16221
RANCHO MADRINA-HONEYMAN RANCH; A REQUEST FOR A DEVELOPMENT
AGREEMENT FOR AN APPROVED TRACT MAP TO DEVELOP 119 SINGLE- -
FAMILY DETACHED (SFD) LOTS ON A 78.6 ACRE PARCEL LOCATED ALONG THE
EAST SIDE OF RANCHO VIEJO ROAD AND ABOUT 200 FEET NORTH OF ORTEGA
HIGHWAY, APN# 650-141-01, 04, & 14; 650-1 52-09; 650-552-03.04, 06. & 07.
Staff recommended that this item be continued to allow staff and the applicant to revise
the draft agreement.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to continue the item to
the November 23 Planning Commission.
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
This motion passed by a vote of 5-0.
PC Meeting 11 November 9,2004
UNFINISHED BUSINESS
None.
.-/,
NEW BUSINESS
1. TEMPORARY USE PERMIT 04-15, MARBELLA COUNTRY CLUB; A REQUEST
FOR AN APPLICATION FOR A TEMPORARY USE PERMIT TO CONDUCT
OUTDOOR PATIO EVENTS AT THE CLUB HOUSE L LOCATED ON 8.97 ACRES
LOCATED AT 30800 GOLF CLUB DRIVE APPROXIMATELY 1700 FEET EAST OF
RANCHO VIEJO ROAD ON THE NORTH SIDE OF GOLF CLUB DRIVE, APN 650-
61 1-02.
Written Communications
Staff report dated November 9,2004
Owner/Applicant
Marbella Country Club, 30800 Golf Club Drive, San Juan Capistrano, CA 92675
Staff presentation & recommendation
Ms. Adolphson presented the staff report as a Temporary Use Permit 04-15, an
Application for a Temporary Use Permit to conduct outdoor patio events at the club
house located on 8.97 acres located at 30800 Golf Club Drive approximately 1700 feet
east of Rancho Viejo Road. L’
Ms. Adolphson recommended approval of the application through December 31 , 2004
subject to conditions in the draft resolution and the requirement that the applicant file a
Conditional Use Permit for future uses on the outdoor patios. The first condition is that
Marbella Country Club shall implement the noise attenuation standards for any outdoor
amplified events on the Pacific Terrace. The second condition is that the applicant shall
not use the Valencia Terrace for any further amplified events until they obtain approval
of a Conditional Use Permit that more fully addresses the noise impacts of outdoor
events at the facility.
Commission Questions
Commissioner Drey asked for clarification of the noise threshold standard. Ms.
Adolphson said that the noise threshold is different depending whether it is voice or
music. Mr. Sandoval said in the Municipal Code it is 65 DBA 7 a.m. to 7 p.m., 55 DBA 7
p.m. to 10 p.m., 45 IO p.m. to 7 a.m.
Commissioner Cohen asked if there would be any monitoring for the duration of the
CUP. Ms. Adolphson said that staff would rely on the acoustical engineer to work with
Marbella Country Club to do that since this is for a month and a half period, during
which they don’t have many events scheduled. If staff receives complaints from
residents, Code Enforcement would investigate and the permit could be revoked. Mr.
Sandoval said the Temporary Use Permit automatically expires in a month and a half. L-
PC Meeting 12 November 9.2004
Commissioner Cohen asked what notice was given of tonight’s hearing. Ms. Adolphson
said that all residents and property owners within 500 feet of the Country Club received
notices. ‘V
Public Hearing
Jeffrey Kraefle, 30800 Golf Club Drive, applicant‘s representative, stated he would do
whatever is needed to become compliant with the noise standards of the City.
Chairman Neely asked how imperative is it to have a permanent CUP as opposed to a
temporary CUP. Mr. Sandoval said after one year the permit is no longer temporary.
Ms. Bogh added that to continue the outdoor events annually as an ongoing component
of the clubhouse use will require approval of a CUP.
Motion
Commissioner Cardoza moved, seconded by Commissioner Drey, to adopt Resolution
04-1 1-9-4 recommending approval of a proposed temporary use to conduct outdoor
patio events at the Marbella Country Club Clubhouse located on 8.97 acres at 30800
Golf Club Drive approximately 1700 feet east of Rancho Viejo Road on the north side of
Golf Club Drive (Assessors Parcel Number 650-61 1-02) (Marbella Country Club).
AYES: Commissioners Cardoza, Cohen, Drey and Ratcliffe, and Chairman Neely
NOES: None
ABSENT: None u
ABSTAIN: None
This motion passed by a vote of 5-0.
COMMISSIONfSTAFF COMMENTS
Ms. Bogh said that Mr. Sandoval was scheduled to give a Brown Act Conflict of Interest
training at the beginning of the November 23, 2004 Planning Commission meeting and
that new Commissioners from other Commissions have also been invited to attend.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
11 :20 p.m. The next regular meeting is scheduled for Tuesday, November 23, at 7:OO
p.m. in the Council Chambers.
Respectfully submitted,
L Planning Director