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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