PC Minutes-2011-01-11°*TI
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32400 PASEO ADELANTO i�� MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675 iii SAM ALLEVATO
(949) 493-1171 �(/
Y IA[OAPOAAiEO LAURA FREESE
(949) 493-1053 FAX • ESTRRLISREO �, 1969 LARRY KRAMER
www.sanjuancapistrano.org 9%76 DEREK REEVE
®® • JOHN TAYLOR
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
Tuesday, January 11, 2011
A. CALL TO ORDER
The meeting of the Planning Commission was called to order by Chairman Cohen at 6:30 p.m.
followed by the Pledge of Allegiance to the Flag.
B. PLEDGE OF ALLEGIANCE
Chair Cohen led the flag salute.
C. ROLL CALL:
Commissioners Present: Sheldon Cohen, Chair
Gene Ratcliffe, Vice -Chair
Ginny Kerr
Jim Mocalis
Bruce Tatarian
Rob Williams
Tim Neely
Commissioners Absent: None
Staff Present: William Ramsey, AICP, Principal Planner
David Contreras, Senior Planner
Justin Kirk, Senior Management Analyst
Nick Taylor, Associate Planner
Christina Gomez, Administrative Specialist
None
E. CONSENT CALENDAR
1. Draft Minutes of December 14, 2010 — The Commission approved the minutes as
submitted by a 7-0 vote.
San Juan Capistrano: Preserving the Past to Enhance the Future
t, Printed on 100% recycled paper
PC Meeting Minutes 2 January 11, 2011
2. Consideration of a Development Agreement for the Plaza Banderas Hotel project;
a request for approval of a Development Agreement for a previously approved project
consisting of a 124 -room hotel, about 14,500 square feet of commercial floor area, a
5,747 square foot restaurant, and a 1,971 square foot private office on an existing 3.18
acre property located at 26871 & 26891 Ortega Highway and generally located at the
northeast corner of Ortega Highway and EI Camino Real (Assessor Parcel Numbers
124-170-12, 14, 15 & 16). (Applicant: Stroscher G3, LLC) (Project Manager: David
Contreras, Senior Planner).
Commission Questions
Commissioner Kerr asked if the comments will be forwarded to City Council. Mr.
Contreras said "yes".
Commissioner Tatarian provided a half -page supplement outlining his comments on the
Draft Development Agreement to staff and the Commissioners for the Council to review.
The Commission asked for staff to forward the comments to the City Council.
F. OLD BUSINESS
None
G. NEW BUSINESS
None
H. CONTINUED PUBLIC HEARING
None
I. NEW PUBLIC HEARING
1. Conditional Use Permit (CUP) 10-011, Doctor's Ambulance; a request to establish a 311
square foot "ambulance services" use in the "GC" (General Commercial) Zone District
with no exterior modifications located at 32303 Camino Capistrano, Suite 209, (Assessor
Parcel Number 668-453-13) (Applicant: Aaron Rosen, Doctor's Ambulance Service)
(Prosect Manager: Nick Taylor, Associate Planner).
Staff presentation & recommendation
Nick Taylor, Associate Planner made the staff presentation advising the Planning
Commission that this was a request for approval to establish a 311 s.f. ambulance sub-
station located at 32303 Camino Capistrano, Suite 209, and more specifically referred to
as APN: 668-453-13. The sub -station would house a crew of 2 Emergency Medical
Technicians and would have periodic visits from a supervisor. The sub -station would
also stage 1 ambulance at the rear (east) of the building (see Enclosure, Project Plans).
The applicant has also indicated that siren use will be limited to use on major streets
only when warranted by an emergency situation, subject to emergency response
protocols.
PC Meetinq Minutes 3 January 11, 2011
Commission Questions
Commissioner Tatarian questioned whether
restricted from parking on Avenida Los Amigos.
would restrict on -street parking on Avenida
requested Condition #2 be revised to read "No
Avenida Los Amigos."
Doctor's Ambulance staff would be
Mr. Taylor responded that Condition #2
Los Amigos. Commissioner Tatarian
Doctor's Ambulance staff shall park on
Applicant Presentation
Mr. Aaron Rosen, Doctor's Ambulance, stated he was available for Commission
Questions.
Mr. Dan Friess, Friess Property Investments, the property owner spoke in favor of the
project and stated that the ambulance service had already commenced business, not
having been aware of the requirement for a CUP, and that the siren was rarely used.
Commission Williams asked the applicant if the sirens would be used on the adjoining
streets where they could impact nearby residents. Mr. Aaron Rosen, Doctor's
Ambulance Services, responded that sirens would not be used until the ambulance was
on a main street and siren use was deemed necessary based on the nature of the
emergency.
Public Hearing
Notice having been given as required by law, Chairman Cohen opened the Public
Hearing and closed the public hearing. No one provided public testimony.
Commission Discussion
Commissioner Tatarian said he saw no reason not to approve this project and several
Commissioners verbally expressed their support for the proposal.
Adoption of Resolution
Commissioner Ratcliffe made a motion to move staff's recommendations, seconded by
Commissioner Tatarian. The motion passed by a 7-0 vote
PC RESOLUTION NO. 11-1-11-01 CONDITIONAL USE PERMIT (CUP) 10-011,
DOCTOR'S AMBULANCE A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A 311 SQUARE FOOT AMBULANCE SUB -STATION IN THE "GC"
(GENERAL COMMERCIAL) ZONE DISTRICT, LOCATED AT 32302 CAMINO
CAPISTRANO, SUITE 209, (ASSESSORS PARCEL NUMBER 668-453-13)
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioner Tatarian,
Commissioner Kerr, Commissioner Williams, Commissioner
Mocalis, and Commissioner Neely
NOES: none
ABSTAIN: none
PC Meeting Minutes 4 January 11, 2011
2. Grading Plan Modification (GPM) 10-004, Haieck Residence; a request for approval of
development plans to construct a series terraced retaining walls along the front and side
yards with a maximum exposed height of 8'-0" located at 28412 Avenida La Mancha
(APN 664-101-06) (Applicant: Eldon E. Blasco) (Project Manager: Justin Kirk, Senior
Management Analyst).
Staff presentation & recommendation
Justin Kirk, Senior Management Analyst made the staff presentation advising the
Commission to adopt the attached resolution recommending City Council approval of
Grading Plan Modification 10-004 in conjunction with Council consideration of the
license agreement.
Commission Questions
Commissioner Williams asked if the proposed retaining walls would be precedent setting
based on what the City had approved for other previous projects within the "dedicated
development rights" areas and Mr. Kirk responded that such projects had been designed
to comply with the Hillside Management criteria which are no longer in effect.
Mr. Williams asked about the purpose of the slope preservation provision and Mr. Kirk
responded that the provision was established in the Conditions, Covenants &
Restrictions (CC&Rs) and administered by the Homeowners Association (HOA) to
maintain the rural character of the hillside areas.
Mr. Williams asked if a residence was proposed for the existing building pad and Mr. Kirk
responded that there was. He noted that the house was necessary as the principal use
of the property and the equestrian arena and barn could only be developed as accessory
uses during or after development of the house but not before.
Applicant Presentation
Mr. Michael Hajeck, the property owner made the presentation to the Planning
Commission and advised them that the proposed project consists of the construction of
a series of terraced retaining walls along the front and side yards of an undeveloped
residential lot within that portion of the lot where the development rights have been
previously dedicated to the City. The applicant has proposed the importation of 3,950
cubic yards (CY) of soil. The proposed retaining walls would have a maximum height of
9'6" and would have a maximum exposed height of 8'-0". The proposed project is
located in a private gated community and is adjacent to private streets as well as a
public equestrian trail. The applicant has received approval from the Hidden Mountain
Estates Homeowner's Association, as well as the contiguous and adjacent property
owners.
Commissioner Tatarian asked about the long-term vision for the property and Mr. Hajeck
responded the vision was to develop a custom residence with equestrian buildings and a
riding arena but nothing more.
Public Hearing
Notice having been given as required by law, Chairman Cohen opened the Public
Hearing and closed the public hearing. No one provided public testimony.
PC Meeting Minutes 5 January 11, 2011
Commission Discussion
Commissioner Williams said that this use is allowed and appropriate, but thought the
proposed grading was very aggressive. He also thought the height of the walls needed
to be reduced. Commissioner Williams stated that the proposed retaining walls would
create an enormous amount of fill resulting in almost 400 dump truck trips to the property
and he questioned whether the HOA and neighbors were fully cognizant of that impact.
Commissioner Kerr said that because the Homeowners Association (HOA) had
approved the project plans and the neighbors were supportive, she would support the
project and thought the equestrian facilities would be an asset to the neighborhood.
Commissioner Ratcliffe said this project seems to be larger. She said the people that
use the adjoining multi -use public trail would potentially be affected by this which was a
concern. Otherwise the use was fine.
Commissioner Neely stated that while he shared Commissioner Williams concern, he
was leaning toward Commissioner Kerr's supporting perspective.
Commissioner Mocalis asked if the City had approved the residential plan and Mr. Kirk
replied the approval was pending.
Commissioner Tatarian stated that because San Juan Capistrano is an equestrian
community, he thought the proposed equestrian use should "trump" the was design and
grading issue.
Chairman Cohen stated that landscaping would be necessary to blend the walls into the
site and supported the staff recommendation of conditional approval.
Adoption of Resolution
Commissioner Kerr made a motion to move staff's recommendations, second by
Commissioner Mocalis. The motion passed by a 6-1 vote.
PC RESOLUTION NO. 11-01-11-02 GRADING PLAN MODIFICATION (GPM) 10-004, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVAL OF
GRADING PLANS FOR PROPERTY LOCATED AT 28412 AVENIDA LA MANCHA
(ASSESSORS PARCEL NUMBER: 664-101-06) HAJECK RESIDENCE)
AYES: Chairman Cohen, Vice -Chair Ratcliffe, Commissioner Tatarian,
Commissioner Kerr, Commissioner. Mocalis, and Commissioner
Neely
NOES: Commissioner Williams
ABSTAIN:
PC Meetina Minutes 6 January 11. 2011
J. STAFF & COMMISSION COMMENTS
Mr. Ramsey gave a quick update on the proposed Marriott Residence Inn noting that they had
submitted their grading application on December 17, 2010. He also said the Lemon Grove site
on the SJC Riding Park at RMV had been put on hold due to the flooding from the rain storm.
Ramsey advised that the Tuttle -Click Auto Dealership was moving forward with their plans for
re -opening and that the Community Redevelopment Agency (RDA) had provided substantial
economic support. Finally, he stated that the Historic Center Master Plan EIR Scoping meeting
was scheduled on next Wednesday, January 19, 2011. He also said the next Planning
Commission agenda was going to be more manageable.
Commissioner Ratcliffe questioned the Public Works rainstorm clean up flowing the December
22-23 event and Mr. Ramsey responded that the City's small staff had prioritized and was
systematically repairing and cleaning up damage to public streets and drainage ways.
However, the city was not legally permitted to enter private property nor does the City have the
resources to assist with the clean-up of such properties
K. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 7:20
p.m. The next regular meeting is scheduled for Tuesday, January 25, 2011, at 6:30 p.m. in the
Council Chambers.
Respectfully submitted,
Planning Commission