PC Minutes-2011-11-0832400 PASIE0 AIDELANTO
92
(949) 493A 171
493-1053
www.sanjuancapistrano.org
PLANNING COMMISSION
MEETING MINUTES
Tuesday, November 8, 2011
The meeting was called to order by Chairman Cohen at 6:30 p.m.
Chairman Cohen led the Pledge of Allegiance.
C. ROLL CALL:
Commissioners Present
Commissioners Absent
Sheldon Cohen, Chairman
Ginny Kerr
Rob Williams
Tim Neely, Roy Nunn
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
Gene Ratcliffe, Vice -Chair
Jeff Parkhurst
Staff Present: William Ramsey, AICP, Principal Planner
Grant Taylor, Development Services Director
Tram Tran, Deputy City Attorney
Nick Taylor, Associate Planner
Laura Stokes, Planning Technician
D. ORAL COMMUNICATIONS:
None.
E. CONSENT CALENDAR:
None.
1. Conditional Use Permit (CUP) 11-006, EI Coyotito #2; a requestfor approval to modify
a previously approved conditional use permit (CUP 03-01) to intensify a "live
entertainment" use at an existing restaurant located at 31952 Del Obispo St. #300
(Assessor Parcel Number 668-151-08) (Applicant: Araceli Sanchez) (Project Manager:
San Juan Capistrano: Preserving the Past to Enhance the Future
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PC Meetina Minutes 2 November 8. 2011
Laura Stokes, Project manager). Laura Stokes, the project manager, noted that the
applicant was not present but was aware of the meeting and had been advised by staff
that they should attend the hearing. The Commission briefly discussed whether to hear
the item or continue the item to the next regular meeting and based on the fact the
applicant was apprised of the meeting and the need to attend, decided to proceed with
the public hearing. Ms. Stokes made the staff presentation and advised that the
applicant requests approval of a conditional use permit to allow the installation (new
construction) of a three -tiered 155 square foot stage and to allow "live entertainment &
dancing" including, but not limited to, DJ's, Small Bands, Karaoke, Musical Groups,
Dance Groups, and Mariachi Bands and approval to operate from 6:00 p.m. through
12:00 a.m. daily. She noted that EI Coyotito #2 was issued a Conditional Use Permit
(CUP 03-001) in 2003 which authorized "live entertainment" to allow Mariachi Bands on
weekends only. Staff recommended denial of the project based on the finding that
"dancing & live entertainment" were not permitted uses within the "NC" (neighborhood
commercial) Zone District.
Commission comments
a. Given the neighborhood nature of the commercial center and the close proximity to
neighboring residents, the restaurant should be limited to Mariachi Bands only as
permitted by the 2003 approval.
b. Given the nature of amplified music now being generated on the premises, the
restaurant likely now violates the City's noise ordinance. Staff should conduct a
field check of the sound levels at the residential property line to determine if the
existing use complies with the Title 9, Land Use Code noise standards.
c. The proposed CUP would result in a fundamental change in use of the premises
that could result in parking issues for other commercial tenants and adjacent
residential neighborhoods.
d. The conditions of approval established by the 2003 conditional use permit (CUP)
need to be actively enforced to assure compliance.
Public Comment
Nina Leone, Stacy Hansen, Dennis Bodensteiner, Dee Tyler, Boots Leone, Jill Hanna,
Gwen Railer, Jack Dobson, and Leslie Leone spoke in opposition to the conditional use
permit (CUP) due to noise impacts and off-site parking impacts of the "live
entertainment & dancing" use.
Adoption of Motion
Commissioner Ginny Kerr made a motion for staff recommendation, seconded by
Commissioner Rob Williams, to deny the proposed project and requested staff to
conduct noise monitoring on the existing use for compliance with the Title 9, Land Use
Code noise standards and the previously -imposed conditions of approval per CUP 03-
01. The motion passed by a 5-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny
Kerr, Jeff Parkhurst and Rob Williams
NOES: None
PC Meetinq Minutes 3 November 8, 2011
ABSTAIN: None
G. UNFINISHED BUSINESS:
None
H. NEW BUSINESS:
Tree Removal Permit (TRP) 11-071; Mission Basilica; a request to remove 8
California Peppers and 2 Blue Gum Eucalyptus trees situated in the P&I (Public &
Institutional Zone District and General Plan -designated 5.0 Public & Institutional and
located at 31522 Camino Capistrano and generally located at the southeast corner
of Camino Capistrano and Aclachema Street (APN: 124-180-06)(Applicant: Craig
Springer)(Prolect Manager: Nick Taylor, Associate Planner). Nick Taylor, Associate Planner
made the staff presentation and provided background to the Commission. He noted
that the request was a new application for removal of eight (8) California Pepper
trees and two (2) Blue Gum Eucalyptus trees. However, the Development Services
Director has previously determined that one Eucalyptus tree and all eight California
Peppers were a potential public safety hazard and therefore, were exempt from
permit requirements. Consequently, the project is now limited to a request for
removal of the #3 Blue Gum Eucalyptus. Staff recommended that the Commission
deny the request to remove the #3 Blue Gum Eucalyptus Tree.
Commission comments
a. Most of the trees, especially the California peppers, approved by the Director for
removal, appear to be in poor physical condition. However, eucalyptus tree #3
appears to be in generally good condition and should be preserved.
b. The applicant should provide a replanting plan that provides for removing the
circular planters in the parking lot.
c. Pepper trees are an appropriate species for replanting but should be planted
along the center of the planter strip area. The failure of the existing pepper trees
was the result of planting within an irrigated turf area and the application of
mulch around the base of the tree. Replanting needs to be within an non -turf,
non -irrigated area with good soil drainage.
d. Pine trees are not an appropriate replacement species and more suitable
alternatives exist to the London plane (sycamore) tree.
e. The City has erred on the side of caution in authorizing the removal of the trees
by administrative permit and the removal of clearly "diseased" trees is
appropriate.
f. The Commission urged staff to use informed and cautious judgment in
evaluating and approving Tree Removal Permit (TRP) exemptions.
Adoption of Motion
Commissioner Rob Williams made a motion for staff recommendation seconded by
Commissioner Gene Ratcliffe to deny the permit for removal of blue gum eucalyptus
#3 and in response to the removal of the nine trees under the Tree Removal Permit
(TRP) exemption, that Mission San Juan Capistrano prepare and submit a
replanting plan for Planning Commission review and approval. The motion passed
PC Meeting Minutes 4 November 8 2011
by a 5-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny
Kerr, Jeff Parkhurst and Rob Williams
NOES: None
ABSTAIN: None
2. Appointment of Planning Commission Representative and Alternate to the Design
Review Committee. Bill Ramsey, Principal Planner provided a brief overview of the
issue noting that both Commissioners affected by the reorganization had been
consulted and concurred. Staff recommended that the Planning Commission, by
motion, appoint Jeff Parkhurst as a regular Planning Commission representative
and Tim Neely, as an alternate Planning Commission representative to the Design
Review Committee.
Adoption of Motion
Commissioner Gene Ratcliffe made a motion for staff recommendation seconded
by Commissioner Rob Williams to appoint Jeff Parkhurst as a regular Planning
Commission representative and Tim Neely, as an alternate Planning Commission
representative to the Design Review Committee. The motion passed by a 5-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny
Kerr, Jeff Parkhurst and Rob Williams
NOES: None
ABSTAIN: None
I. STAFF & COMMISSION COMMENTS:
Staff briefed the Planning Commission on the scheduling of projects for upcoming
Commission meetings and also briefed the Commission on recent City Council actions on
planning projects.
J. ADJOURNMENT:
There being no further business before the Commission, Chairman Cohen adjourned at
7:50 p.m. to the next regularly scheduled meeting for Tuesday, November 22, 2011, at
6:30 p.m. in the Council Chambers.
Respectfully submitted,
William A. Ramsey, AICP, Principa anner
Planning Commission Secretary