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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 u 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). u 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 L 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. u 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 u 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. u 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