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PC Minutes-2011-10-11(949) 493-1171 493-1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER PLANNING COMMISSION MEETING MINUTES Tuesday, October 11, 2011 The meeting was called to order by Chairman Cohen at 6:30 p.m. R PI Fnr.F Chairman Cohen led the Pledge of Allegiance. C. ROLL CALL: Commissioners Present: Commissioners Absent Sheldon Cohen, Chairman Gene Ratcliffe, Vice -Chair Ginny Kerr Roy Nunn Jeff Parkhurst Rob Williams Tim Neely MEMBERS OF THE CITY COUNCIL Staff Present: William Ramsey, AICP, Principal Planner Grant Taylor, Development Services Director Tram Tran, Deputy City Attorney Nick Taylor, Associate Planner D. ORAL COMMUNICATIONS None. E. CONSENT CALENDAR SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR 1. Minutes of August 23, 2001: By motion duly -made and seconded, the Commission approved the subject minutes with minor revisions by a 6-0-0 vote. PC Meeting Minutes 2 October 11 2011 2. Minutes of September 13, 2001: By motion duly -made and seconded, the Commission approved the subject minutes with minor revisions by a 6-0-0 vote. F. PUBLIC HEARINGS Conditional Use Permit (CUP) 11-004, Sports Park -Verizon Wireless; a request to modify conditions of approval for a previously approved wireless telecommunications facility at the San Juan Capistrano Sports Park on a 17 acre parcel located at 25925 Camino Del Avion, generally located at 430 feet north of Camino Del Avion (APN 121-190-57) (Applicant: Michelle Felten for Verizon Wireless) (Proiect Manager: Nick Taylor, Associate Planner). Nick Taylor, Associate Planner made the staff presentation and advised the Commission that the project was previously approved by the Planning Commission on July 26, 2011. The applicant requests to modify conditions of approval #4 regarding the applicant's requirement to defend, indemnify, and hold harmless the City against future litigation, and #19 regarding the City's right to review the permit should future wireless technologies be made available. Mr. Taylor recommended that the Planning Commission, by motion, deny the request to modify conditions of approval for Conditional Use Permit 11-004. Public Hearing Notice having been given as required by law, Chairman Cohen opened the Public Hearing. Cindy Bardenstein, Attorney for Verizon Wireless, spoke in favor of the request and advised that Verizon had withdrawn its request to modify condition #4. However, Ms. Bardenstein expressed her legal opinion that condition #19 violated the State Government Code's provisions concerning vested rights and the statutory restrictions on limiting the term of a wireless facility for less than 10 years. Tram Tran, Deputy City Attorney, opined that the condition was within the discretionary authority of the City and consistent with the City Municipal Code. Ms. Tran also opined that condition #19 was not inconsistent with the State law concerning wireless facilities. Michelle Felten, Verizon Wireless representative, spoke in support of the proposed modification to condition #19. Commission Comments a. The Commission confirmed with staff that condition #19 was a standard condition that the City's has previously applied to cell site conditional use permit (CUP) since the condition was instituted. b. While not unsympathetic to Verizon's position, the Commission noted that the issue should have been raised during the appeal process, not at this late date. c. The Commission did not agree with Verizon's claim that condition #19 constituted a taking. d. The Commission is concerned with the visual and aesthetic impacts of wireless facilities, and for that reason, the City desires to reserve its right to consider PC Meeting Minutes 3 October 11, 2011 permits for wireless facilities in the future and require cell site operators, if new technology is available and feasible, to undertake physical changes that would address those impacts. e. The Commission concluded their commentary by noting that it was highly unlikely that the Commission would require changes to the cell site design within 10 years. Adoption of Motion Commissioner Ginny Kerr made a motion, seconded by Commissioner Gene Ratcliffe to deny the requested modifications to the project's conditions of approval. The motion passed by a 6-0 vote. AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny Kerr, Roy Nunn, Jeff Parkhurst and Rob Williams NOES: None ABSTAIN: None G. UNFINISHED BUSINESS None. Worksession on Conditional Use Permit (CUP) 10-014, San Juan Hills Golf Course; an application to install lighting at the existing driving range on a 29.5 acre property situated in the Open Space Recreation (OSR) Zone District, General Plan - designated 1.1 Open Space Recreation and located at 32111 San Juan Creek Road and generally located on the north side of San Juan Creek Road approximately 2,200 feet east of 1-5 (APN: 666-011-27)(Applicant: San Juan Hills Golf Club) (Project Manager: Nick Taylor). Nick Taylor, Associate Planner made the staff presentation noting that the applicant has proposed two options for driving range lighting including (1) installing 17 Musco fixtures with 1500 watt bulbs mounted between 25 and 50 feet high on existing driving range net poles, or (2) 10 Lithonia fixtures mounted 100 feet high and requiring existing net poles to be extended. Mr. Taylor recommended that the Commission provide direction to the applicant regarding the preferred option for driving range lighting and identify potential concerns. Tom Merrell, Civic Solution made a Powerpoint presentation on the proposed project to the Commission. Public Comment Chairman Cohen opened the floor for public comment. 0 Josh Singer expressed concern about the proposed lighting and questioned PC Meeting Minutes 4 October 11, 2011 whether the 50'-0" height would be adequate. • Lynn Williams expressed concern over the lighting impacts of the driving range and stated that she thought the 1994 approval of the driving range expressly prohibited night lighting of the driving range and requested that information be verified for the Commission and public. Commission Comments a. The photometric plan needs to clarify and label all property lines so that the Commission and public can easily determine illumination levels at the property line and outside the property line. b. The lighting intensity should be reduced at the west end of the range which adjoins the Atria San Juan Senior complex. c. The applicant was requested whetherthey could provide a field demonstration of the proposed lighting and Mr. Merrell responded that while the entire proposed system could not be demonstrated, he would verify with the applicant regarding providing a demonstration on one or two existing poles. d. The alternative which proposes 100 -foot tall poles would be very visually obtrusive to the surrounding residential areas and result in excessive light pollution. e. The proposed two-sided lighting scheme is potentially problematic because fixtures would be oriented toward residents across San Juan Creek Road. The applicant was requested to provide a view simulation using the existing net poles along the south edge of the range only with Musco lighting and with average illumination levels of 5 footcandles (fc). f. The Commission requested that the applicant provide a view simulation which would reflect the lighting of the property at the same time St. Margaret's field was lighted. g. The Commission asked whether it would be feasible to lower the wattage of the lighting along the center of the range and Mr. Merrell responded that he would investigate whether that's possible. With no further Commission comments, Chairman Cohen closed the worksession. 2. Worksession on Architectural Control (AC) 11-018, Mission Grill Restaurant Expansion and Remodel; a request to remodel and expand the existing Pedro's Tacos Restaurant including a two-story building addition, enclosed dining area, and covered outdoor patio dining located at 31721 Camino Capistrano on a parcel totaling 5,982 square feet. (Assessor Parcel Number: 121-141-09)(Applicant: Mark Turpin, Architect) (Project Manager: Grant Taylor, Development Services Director). Grant Taylor, Development Services Director made the staff presentation informing the Commission that the new property owner proposes to expand and renovate the existing Pedro's Tacos restaurant to the "Mission Grill" restaurant serving California cuisine. The existing restaurant provides 1,019 square feet of total building area. The project proposes the following improvements (1) Construction of a two-story addition to the west side of the building facing the depot; the addition would include a 259 square foot first floor with stairs and storage, a 175 square foot second floor PC Meeting Minutes 5 October 11, 2011 with stairs, an office, and balcony for a total addition of 435 square feet; (2) new enclosed dining area of the former covered patio totaling 899 square feet with 53 seats; (3) covering the existing outdoor dining and parking area with a trellis over 50 seats to provide a total of 103 seats in an area totaling 1,247 square feet; and (4) the proposed new building area would be 1,334 square feet for a total building area of 2,353 square feet providing a 36.4% lot coverage and a floor area ratio (FAR) of 0.39. The proposed landscaping plan would provide 16% lot coverage. The existing southerly driveway would be closed and outdoor dining provided. The existing northerly driveway would be reconstructed to provide access to an ADA parking stall and trash enclosure. Public Comment Chairman Cohen opened the floor for public comment and John Gillotti, the applicant made a brief presentation to the Commission on his vision for the proposed project. Commission Comments a. Look into providing potential direct pedestrian access between the multi -modal parking lot and the project site along the south edge/slope of the property. b. The location and layout of the handicap parking and trash enclosure are not well designed with respect to accessibility and the design needs to be reconsidered. c. Consider upgrading the existing landscape slope at the back of the property which is poorly maintained and unsightly. The slope should be a visual asset and complement to the area and the project. d. The project has not been designed to provide sufficient opportunity for landscaping would be under -landscaped. Planter pockets, potted plants and street trees should be integrated into the landscape plan design. e. The Commission questioned the applicant as to the ultimate design concept for the entire property and he explained that the concept would include public restroom and other amenities but was on hold pending resolution of the funding issue created by the State's recent change last June to Community Redevelopment Agencies and the transfer of local CRA funding to the State. f. Parking demand in the multi -modal parking lot can exceed the available parking and the proposed project will add to that demand. How will overall parking demand be addressed? g. The proposed "bell tower" element over the main entry is reminiscent of the Taco Bell logo and not appropriate to the project design. The proposed "faux brick" treatment appears contrived and needs to be reconsidered. With no further Commission comments, Chairman Cohen closed the worksession. 1. STAFF & COMMISSION COMMENTS Mr. Taylor and Mr. Ramsey updated the Planning Commission on recent projects acting on by City Council and on pending projects scheduled for future Planning Commission review. PC Meeting Minutes 6 October 11, 2011 J. ADJOURNMENT There being no further business before the Commission, Chairman Cohen adjourned at 8:40 p.m. to the next regularly scheduled meeting for Tuesday, October 25, 2011, at 6:30 p.m. in the Council Chambers. Respectfully submitted, s M 'am A. Ramsey, AICP, Princip Pla ner Planning Commission Secretary