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PC Minutes-2011-01-11°*TI 6...0 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