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PC Minutes-2011-04-264 MW�Iqktl I, VJ I r -W- 1;4,-A�A , V_T11FW A; r.4 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org PLANNING COMMISSION MEETING MINUTES Tuesday, April 26, 2011 The meeting was called to order by Chairman Cohen at 6-30 p.m. B. PLEDGE Chairman Cohen led the Pledge of Allegiance. C. ROLL CALL: Commissioners Present- Sheldon Cohen, Chairman Gene Ratcliffe, Vice -Chair Ginny Kerr Roy Nunn Jeff Parkhurst Rob Williams Commissioners Absent- Tim Neely MEMBERS OF THE CITY COUNCIL Staff Present: William Ramsey, AICD, Principal Planner Grant Taylor, Development Services Director D. ORAL COMMUNICATIONS None. 0 - I SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR 1. Approval of April 12, 2011 Meeting Minutes. The Commission continued consideration of the minutes to the next regular Planning Commission] meeting. Q# Printed on 100% recycled paper PC Meeting Minutes 2 April 26, 2011 F. PUBLIC HEARINGS Conditional Use Permit (CUP) 10-013, South Coast Water Tank (T-MobileL request to develop and maintain a wireless telecommunications facility located at east of Paseo Peregrino and Calle Andalucia, more specifically referred to as Assessor's Parcel Number 675-321-03 (Applicant: T -Mobile, Amiee Weeks, Rep resentative)(Proiect Manager: Nick Taylor, Associate Planner). Nick Taylor, Associate Planner made the staff presentation and informed the Commission that the applicant was requesting approval for installing a new faux -eucalyptus cell tower after first investigating the potential for co -locating on the existing mono -palm cell tower. However, the existing mono -palm could not provide additional co -location capacity without major modifications including a significant increase in height. The applicant proposed the faux -eucalyptus based on their assessment that it was the least visually obtrusive option available. The stated that 35'-0" tall, faux -eucalyptus would be supported by ground -mounted equipment to be enclosed by split -face (CMU) walls. The property is owned by the City of San Clemente but is within the jurisdiction of the City of San Juan Capistrano. Mr. Taylor recommended that the Commission adopt a resolution conditionally approving the proposed project. Commission Questions Commissioner Kerr requested clarification of the visual effect of the project and referred to the view simulations enclosed with the agenda report, and Mr. Taylor responded that the view simulations reflected both the existing and proposed trees which included both palms and eucalyptus.. Commissioner Parkhurst noted that several of the draft conditions of approval appeared to be inapplicable to the project and Mr. Taylor stated the final resolution would be reviewed and corrected. He asked if San Clemente residents had been notified and Mr. Taylor replied, they had. He stated that the applicant had apparently decided to disregard the direction of the Design Review Committee and expressed concern that over -trimming of existing trees would result in the faux tree antenna becoming more visible and visually obtrusive. Commissioner Nunn asked if the existing trees would be preserved and expressed concern that if they were severely trimmed or removed, the visual impact of the mono -eucalyptus would be more pronounced. Mr. Taylor responded that the existing trees were protected by the City's Tree Removal Permit (TRP) process and the Commission could add an additional condition requiring preservation. Applicant Presentation Aimee Weeks, representing the applicant, stated that the proposed mono - eucalyptus would fit into the site due to the several, existing eucalyptus trees adjoining and surrounding the site. She stated that the Design Review Committee (DRC) had requested additional limbs be added to the mono -eucalyptus to create a more natural appearance. However, the tower engineers concluded that the tower was not structurally capable of accommodating additional limbs. She also stated that while the existing mono -palm had no additional capacity, it also was such a low PC Meeting Minutes 3 April 26, 2011 height that new antenna mounted on the palm would have their signals blocked by the reservoir tank. Commissioner Kerr citing the City's policy of promoting co -location for cell antenna sites asked if co -location could made an option. Ms. Weeks responded that should the City of San Clemente de -commission and remove the reservoir at some future date, co -location would become an option. Public Hearing Chairman Cohen opened the public hearing, and seeing no one approach the lectern to speak, he closed the public hearing. Commission Discussion Commissioner Parkhurst noted that while there appeared to be a number of trees on the site, he remained concerned about the visual impact. Given the relative remoteness of the site's location, he stated that if the resident's in the surrounding neighborhood had no concern, then he had no concern. Commissioner Nunn questioned the applicant representative's statement that altering the mono -eucalyptus to add limbs was not possible because of structural concerns. He stated that these structures are typically over -designed and that should not be an issue. Commissioner Ratcliffe stated that she preferred the faux -eucalyptus over the mono -palm and supported the addition of a condition requiring preservation of existing trees and providing the commission with greater review authority over tree removals from the project site. Commissioner Kerr noting there was no resident opposition stated that the proposed project and deign appear acceptable. She stated that if and when the reservoir tank is removed from the site, because there are two existing cell antenna on-site, co -location should be used to add cell site capacity to those antenna as opposed to adding new cell antenna structures. Commissioner Williams stated that the proposed location was acceptable and that with the proposed conditions of approval and with Design Review Committee (DRC) review of details, the project is supportable. Chairman Cohen stated he was not a "fan" of faux trees. However, given the remote location of the site, impacts would be minimal. He concurred with Commissioner Kerr that co -location should be pursued in the future, not additional faux tree installations. He recommended that if a future merger were to occur of cell carriers operating on the site, the Commission should have the opportunity to re-examine the Conditional Use Permits (CUP) and require additional changes. PC Meeting Minutes 4 April 26, 2011 Commissioner Parkhurst asked whether the existing trees on-site which provide screening are situated in San Juan Capistrano or San Clemente and Mr. Taylor responded most were within San Juan Capistrano. Adoation of Resolution PC RESOLUTION NO. 11-04-26-01, CONDITIONAL USE PERMIT 10-013, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING THE ESTABLISHMENT AND OPERATION OF A 35'- 0" TALL MONO -EUCALYPTUS WIRELESS TELECOMMUNICATIONS FACILITY LOCATED ABOUT 75 FEET EAST OF PASEO PEREGRINO AND CALLS ANDALUCIA MORE SPECIFICALLY REFERRED TO AS ASSESSOR PARCEL NUMBER 675-321-03. Motion by Commissioner Neely, seconded by Commissioner Parkhurst, to adopt the resolution of approval with the following changes, (1) Remove all conditions that are not applicable to the proposed project, (2) If the existing San Clemente water reservoir tank is removed at a future date, the existing faux trees shall be used for co -location purposes as opposed to installing additional faux tree structures on the site, (3) All existing natural trees shall be preserved and subject to Planning Commission review and approval of any Tree Removal Permit (TRP) application, (4) The final design of the cell site facility shall be subject to Design Review Committee (DRC) review and approval, and (5) In the future, should two existing cell carriers, presently operating on the project site, merge, then the Conditional Use Permit (CUP) shall be subject to additional review and action by the Planning Commission to consolidate, co -locate or otherwise amend the project design and conditions. The motion to approve passed on a vote of 6-0. Following this action, Commissioner Nunn returned to the City Council chambers and took his seat at the dais. 2. Appeal of 12 -Month time Extension for Architectural Control (AC) 08-14, Jerwel Self Storage; an appeal of the Zoning Administrator March 16, 2011 decision granting a 12 -month time extension for zoning entitlements for the Jerwel Self Storage Facility approved by the City Council on March 3, 2009 for a vacant 1.65 acre lot located at 3300 Valle Road on the southeast corner of Valle Road and Vista Marina (APN 675- 443-02) (Appellant: Kelly Burt Price Self Storage)(Project Manager: Grant Taylor, Development Services). Grant Taylor, Development Services Director made the staff presentation and advised the Planning Commission that Kelly Burt of Price Self Storage had filed a timely appeal of the Zoning Administrator's March 16, 2011 decision to approve a 12 -month time extension for zoning entitlements for the proposed 72,940 square foot Jerwel Self Storage Facility to be developed on an existing, vacant 1.65 acre lot located at 3300 Valle Road. Mr. Taylor noted that the Zoning Administrator is granting the time extension had determined that, (1) The applicant filed the time extension request in a timely manner, (2) The applicant has not proposed nor made any changes to the design of the proposed project, (3) The project is consistent with the Planned Community Designation on the General Plan Land Use Map, (4) The project is consistent with the PC (Planned Community) zone district designation, (5) A Mitigated Negative Declaration was adopted by the City PC Meeting Minutes 5 April 26, 2011 Council and the project would not create any new impacts, and (6) The project design is consistent with the City's Architectural Design Guidelines. Mr. Taylor recommended that the Commission adopt a resolution denying the appeal and upholding the decision of the Zoning Administrator to approve a twelve (12) month time extension to expire on March 3, 2012. Commission Questions Commissioner Nunn asked if the Zoning Administrator has sole authority to grant time extensions and Mr. Taylor replied that the Municipal Code Section 9- 1.111(d)(2) authorizes the Zoning Administrator to act on requests for extensions of time for previously approved applications that are in substantial conformance with the original project approval. Commissioner Parkhurst inquired as to the basis of the appeal and whether it had any merit and asked about the status of a sign program. Mr. Taylor replied that the sign program was a condition of approval and pending submission and review, and deferred to the appellant to explain the basis of the appeal. Appellant Presentation Kelly Burt, representing Price Self Storage addressed the Commission and stated that the basis of the appeal was the fact that Mr. Gerald Klein, developer of the Jerwel project, had not followed through in good faith as previously directed by the Commission to resolve the Price Self Storage off-site sign issue (note: Price Self Storage installed an off-site sign several prior to the Jerwel application but neglected to secure the necessary easement to allow the off-site site. Mr. Klein subsequently purchased the property along Valle road on which Price had installed their business identification sign and challenged the legal right of Price to maintain that sign). He sought a conditions of approval by the Planning Commission requiring Mr. Klein to submit and secure City approval of a sign program for his project which remains outstanding. Public Hearing Mr. Gerald Klein stated that the City Council did not admonish him with respect to pursuing approval of a sign program, but a single City Council member recommended the parties resolve the off-site sign issue. He stated that for obvious reasons, he did not want his competitor's sign situated on his property and questioned whether Price Self Storage had a legal right under the Sign Code provisions to maintain an off-site sign. He stated that the Jerwel project should not be required to accommodate Price Self Storage. Commission Discussion Commissioner Nunn expressed the opinion that there are circumstances where new development, in this case Jerwel Self Storage, must protect or accommodate existing business signage. Chairman Cohen stated there was no reason to condition the appeal/project to submit a sign program because that condition is already a part of the Architectural Control (AC) approving resolution for Jerwel PC Meeting Minutes 6 April 26, 2011 Adoption of Resolution PC RESOLUTION NO. 11-04-26-02. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE ZONING ADMINISTRATOR TO APPROVE A TWELVE (12) MONTH TIME EXTENSION OF ZONING ENTITLEMENTS FOR THE 72,940 GROSS SQUARE FOOT (GSF) JERWEL SELF -STORAGE FACILITY ON A 1.65 ACRE PROPERTY LOCATED AT 33000 VALLE ROAD AT THE SOUTHEAST CORNER OF VALLE ROAD AND VISTA MARINA (APN 675-443-02). Motion by Commissioner Kerr, seconded by Commissioner Parkhurst, to adopt the resolution denying the appeal. The motion to approve passed on a vote of 7-0. G. UNFINISHED BUSINESS None. H. NEW BUSINESS None. I. STAFF & COMMISSION COMMENTS Grant Taylor, Development Services Director and William Ramsey, Principal Planner updated the tentative upcoming Planning Commission meetings. Mr. Ramsey updated the Commission on the status of the Capistrano Terrace Mobilehome Park Relocation Impact Report and the Open Space Foundation's work at the Northwest Open Space. Commissioner Williams stated that he would be out of town and unable to attend Planning Commission or Design Review Committee meetings between May 10 and June 2. J. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:40 p.m. The next regular meeting is scheduled for Tuesday, May 10, 2011, at 6:30 pm in the Council Chambers. Respectfully submitted, I William A. Ramsey, AICP, Prince al F Tanner Planning Commission Secretary �I