PC Minutes-2010-01-1232400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
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A. CALL TO ORDER
January 12, 2010
PLANNING COMMISSION MINUTES
REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission
Meeting to order at 6:30 p.m.
B. PLEDGE OF ALLEGIANCE
Chair Cohen led the flag salute.
C. ROLL CALL
PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene
Ratcliffe, Commissioner Ginny Kerr, Commissioner Tim Neely, Commissioner Bruce
Tatarian, and Commissioner Robert Williams.
COMMISSIONERS ABSENT: Commissioner Jim Mocalis
D. ORAL COMMUNICATIONS
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I. NEW BUSINESS
Chair Cohen reorganized the agenda and moved item 11 first.
1. APPEAL OF DENIAL OF A BUSINESS LICENSE APPLICATION FOR A
MMEDICAL MARIJUANA COLLECTIVE (SOUTH COUNTY ALTERNATIVE
COLLECTIVE); a request to operate a medical marijuana facility proposed to be located at
33207 Paseo Cerveza, Suite D (APN 668-121-03)(Appellant: Patricia Schniebs)(Case
Planner: Nick Taylor, Planning Technician).
Staff Presentation and Recommendation - -
Planning Technician Nick Taylor presented the staff report stating staff denied the
business license request as the proposed medical marijuana use is not authorized by San
Juan Capistrano Municipal .Code (SJCMC) Section 9-3.305 for the CM (Commercial
San Juan Capistrano: Preserving the Past to Enhance the Future
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Manufacturing) zone or any other zone in the City. Mr. Taylor commented the City
previously approved an interim urgency ordinance prohibiting medical marijuana to allow
staff and the City Attorney time to research the use and the City Attorney determined that
because medical marijuana is not allowed by Federal Law the City is not authorized to
issue a license for any use inconsistent with Federal Law.
Planning Technician Taylor responding to Planning Commissioner questions and
comments stated staff denial was based on both Federal Law and the Municipal Code.
When a use is silent in the Municipal Code it is generally not permitted.
Deputy City Attorney Diego Santana commented Federal Law trumps State Law and the
City is not authorized to issuance licenses to uses prohibited by Federal Law.
Public Comments
Patricia Schniebs, 33913 Copper Lantern, Dana Point, CA is the applicant who spoke in
support of the medical marijuana business stating Assembly Bill AB 390 was approved
today authorizing such facilities, she has 850 patients referred by doctors, they comply
with all State Laws and they currently operate a delivery service.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
• Federal Law;
• State Law;
• Municipal Code permitted uses.
Commissioner Williams concurred with staff denial of the business license.
Commissioner Kerr concurred with staff denial.
Vice Chair Ratcliffe supported staff determination commenting it is no reflection on the
applicant but Federal Law prohibits medical marijuana.
Commissioner Neely commented a proper analysis was conducted by staff, the City of Los
Angeles has problems with a large number of medical marijuana facilities, it would be
prudent to wait for Federal Law to be amended and see the results of the City of Los
Angeles actions, and he concurs with staff determination.
Commissioner Tatarian concurred with his colleagues comments stating the City cannot
authorize an activity prohibited by Federal Law.
Chair Cohen inquired if staff determination was based on Federal Law or the Municipal
Code, stated SB 390 has been initiated but not approved, and commented he concurs with
staff determination and his colleagues comments.
Motion by Vice Chair Ratcliffe to adopt the attached resolution denying the applicants
appeal and thereby upholding staff decision to deny a business license for a medical
PC Minutes 2 January 12, 2010
marijuana facility, seconded by Commissioner Kerr. The motion to deny the appeal
passed on a vote of 6-0.
E. CONSENT CALENDAR
Items listed on the Consent Calendar are considered routine and may be enacted by one
motion and one vote. There may be no separate discussion of these items. If discussion
is desired, that item may be removed from the Consent Calendar and will be considered
separately.
1. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 8 2009. Chair
Cohen announced the item and inquired if the Planning Commissioners had any
comments or corrections. Commissioner Kerr identified an edit on Page 8, 3rd paragraph
from the bottom of the page stating the geotechnical consultant name is not "Varela" it is
"Borrela". In addition, Commissioner Kerr requested the minutes clearly state no approval
of the Scarola Grading application was granted. Motion by Commissioner Williams to
approve the December 8, 2009 Planning Commission Meeting Minutes as amended,
seconded by Commissioner Kerr. The motion to approve passed on a vote of 6-0.
F. CONTINUED PUBLIC HEARINGS
1. GRADING PLAN MODIFICATION (GPM) 09-007, HJORTH OLSON RESIDENCE;
a request for the construction of a series of two-tiered retaining walls along the northerly
property line with a maximum exposed wall height of 4'-0" for each tier for property located
at 33611 Avenida Calita. (APN 675-041-19)(Applicant: GB Arch itectu re)(Project Manager:
Justin Kirk, Associate Planner).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report stating the applicant is requesting
approval to construct a series of retaining walls with a maximum exposed wall height of 4'-
0" to provide additional usable pad area along the side and rear yards of the residence.
The terraced section of the walls is 93'-0" in length, stepped back six feet from the property
line and the upper wall wraps around the front of the residence 30'-0". There is a six foot
separation between the walls that would be landscaped. The walls would be visible from
Via de Agua. Mr. Kirk further commented a geotechnical report has been submitted, the
walls would stabilize the slope, and both the Homeowner's Association (HOA) and
adjacent property owners approve of the application. The DRC reviewed the project on
October 15, 2009, provided comments, and recommended approval.
Public Comments
Yvonne English, 33851 Golden Lantern, Dana Point, CA is the landscape architect who
spoke in support of the grading application stating the walls will alleviate flooding
problems, provide additional pad area, and the slope is difficult to maintain.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
Municipal Code regulations and findings;
PC Minutes 3 January 12, 2010
Aesthetics;
Potential Impacts on adjacent properties.
Commissioner Tatarian commented the project looked very good and he supports.
Commissioner Neely commented staff did a good analysis, the DRC summary was
accurate, and he supports.
Vice Chair Ratcliffe supports the project and prefers the darker colors on the walls.
Commissioner Kerr concurred with staff and her colleagues.
Commissioner Williams concurred with staff and his colleagues.
Chair Cohen concurred with staff and his colleagues.
Motion by Commissioner Neely to adopt the Resolution approving Grading Plan
Modification 09-007, seconded by Vice Chair Ratcliffe. The motion to approve passed on
a vote of 6-0.
2. CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 06-03,
REZONE (RZ) 06-06 ARCHITECTURAL CONTROL (AC) 07-22, ST. MARGARET'S
EPISCOPAL SCHOOL MASTER PLAN AND DEVELOPMENT AGREEMENT; a request
for approval of development plans to expand an existing K-12 private school campus by
69,977 gross square feet (GSF) from 157,731 to 227,708 GSF and to expand the campus
acreage from 17.48 to 26.64 acres located at 31641 La Novia Avenue, and generally
located along the west side of La Novia Avenue between Calle Arroyo and Rancho Viejo
Road and the north side of Calle Arroyo between La Novia Avenue and Rancho Viejo
Road. The master plan also includes a parcel of the southeast corner of Calle Arroyo and
La Novia Avenue, and the Ortega Equestrian Center property. In addition, the project
includes a Development Agreement that requires Planning Commission recommendation
to the City Council. (APN 666-272-05 thru 08; 666-251-01 thru 05; 666-261-1 thru 3 & 9
thru 11; 666-232-04; 666-123-01, 02)(Applicant: St. Margaret's Episcopal School, David
bush, Director of Finance & Operations)(Case Planner: William Ramsey, AICP, Principal
Planner).
Commissioner Kerr recused herself for a potential conflict of interest and left the City
Council Chambers.
Staff Presentation and Recommendation
Principal Planner Bill Ramsey presented the staff report identifying the entitlement
applications, provided details of the master plan, summarized the history of Planning
Commission public hearings, stated at the last Planning Commission meeting on
December 8, 2009 the Development Agreement was provided for review but deliberations
could not take place until the Development Agreement was duly noticed, and the
application has both legislative and discretionary permits that staff recommends be
forwarded to the City Council as a package with recommendations. Mr. Ramsey
PC Minutes 4 January 12, 2010
discussed the Calle Arroyo (Ganado) parking lot, the Ortega Equestrian Center -related
mitigation measure LU -2 in the in the Mitigation Monitoring and Reporting Program
(MMRP), conditions of approval, the multi-purpose trail easement and alignment along La
Novia Avenue, indemnification language, and the recently submitted performing arts and
middle school Architectural Control application.
Mr. Ramsey provided documents to the Planning Commission to include:
• Summary of Revisions to the conditions of approval and Mitigation Monitoring
Reporting Program (MMRP) Proposed by SMES and Staff Responses;
• E-mail comments from Linda Hall;
• E-mail comments from Jim Reardon.
Principal Planner Bill Ramsey responding to Planning Commission questions and
comments stated if the Planning Commission identifies any typographical errors in the
Development Agreement please mark and forward to staff; staff is amenable to removing
all language pertaining to relocation of OEC and use the language "closure" instead; no
general plan amendment is required for Ganado parking lot provided a shared parking
agreement allows public use for park purposes; GPA is required for converting the
commercial center to public -institutional use; one motion by the Planning Commission will
suffice as there is only one resolution to forward to City Council; staff recommendation
provides two options, the Planning Commission may either recommend City Council
approval or continue consideration pending staff acceptance of the Conceptual Water
Quality Management Plan (WQMP); it is not necessary to have an approved WQMP at this
time as the entire package will be forwarded to the City Council for final action; an
approved WQMP would be needed before the City Council could take final action on the
Architectural Control (AC); staff will bring back a revised condition and revised mitigation
measure LU -2 language for impacts to the Ortega Equestrian Center; and the traffic
engineer will be asked to attend the next meeting.
Public Comments
David Bush, 31641 La Novia Avenue, San Juan Capistrano, CA is the applicant who spoke
in support of the project and commented they have worked with staff and the attorneys on
language for the Development Agreement, identified the supplemental document with St.
Margaret's Episcopal School (SMES) comments and staff responses that was distributed
to the Planning Commission, and stated he concurs with staff comments in the staff
presentation tonight.
David Bush responding to Planning Commission questions stated SMES cannot support
removing the Ganado parking lot from the Master Plan at this time and the City Recreation
Department wants the Ganado parking lot to provide public parking for Cook Park and the
trails.
Jim Reardon 28261 Via Rueda, SJC referred to his email that was distributed to the
Planning Commission, commented his son attends SMES, and stated he opposes langue
in Mitigation Measure LU -2 regarding the Ortega Equestrian Center (OEC). Mr. Reardon
commented the condition and mitigation language obligates the City of relocate (OEC) and
taxpayers should not fund relocation of a lease, the Rancho Mission Viejo Purchase and
PC Minutes 5 January 12, 2010
Sale Agreement has a provision for one commercial stable that was negotiated by a family
member of OEC that is problematic, and the number of equines should be capped.
Kim McCarthy, 27592 Silver Creek Drive, SJC commented she owns two horses, the City
should not fund relocation of OEC or any other private business to public property, does
not trust the City Council or staff to property present the issue to the Planning Commission,
the issue stinks of cronyism and open space committee favoritism.
Clint Worthington, 26193 Via Corrizo, SJC commented the City should not pay to relocate
private enterprises to public property.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• Municipal Code Requirements;
• SMES Master Plan;
• Environmental Review and Mitigations;
• Development Agreement language;
• Conditions of approval language;
• Ortega Equestrian Center;
• Calle Arroyo (Ganado) parking lot;
• Traffic.
Commissioner Tatarian identified two typographical errors in the Development Agreement
regarding year of money installment and enrollment numbers, stated fundamentally the
project is terrific, commented in the Development Agreement, page 15 Section 3.5.4.1 that
adjacent properties in the Ortega Center should not be included in the Development
Agreement and Master Plan, has architectural concern with the size of the middle school
visible to eastbound traffic on Ortega Highway, the back of the buildings facing the
commercial center will be stark, traffic impacts will be difficult to predict until build out,
opposes the Calle Arroyo (Ganado) parking lot as it is not contiguous to the property and
out of character with the neighborhood, students crossing busy streets to the athletic fields
at the Ortega Equestrian Center (OEC) may be problematic and pose safety concerns,
concerned with limiting the number of equines, and he does not see in the conditions,
mitigations or development agreement where the City pays for relocating OEC.
Commissioner Tatarian stated his primary concerns are mitigation language for the OEC
relocation, and he opposes the Ganado parking lot.
Commissioner Williams clarified Planning Commission authority over the Master Plan,
Development agreement and conditions of approval, overall he is pleased with the Master
Plan, opposes Ganado parking lot as there is enough parking on-site, concerned with
traffic and stacking off Ortega Highway, the architecture is acceptable, building height may
be a concern, inquired if the applicant is agreeable to remove the Ganado parking lot from
the Master Plan, stated more information is needed and he supports a continuance.
Vice Chair Ratcliffe commented she opposes the Ganado (satellite) parking lot as it
changes a visible corner from open space area to a developed area, vehicle access is
difficult from the interior driveway, and the overall design changes are an improvement.
PC Minutes 6 January 12, 2010
Commissioner Neely commented he generally favors the project, does not oppose the
Ganado parking lot, some terms of the Development Agreement are intertwined regarding
use of the Ganado parking lot, Ganado parking should be a separate agreement, the OEC
relocation mitigation is a concern, he does not see written documentation in the staff
report, conditions or mitigations that the City has to pay for relocation of OEC, Mitigation
Measure LU -2 does not obligate the applicant to relocate OEC, OEC is not really a
relocation but a closure, relocation is a separate issue if the City chooses to pursue it,
inquired about status of the Water Quality Management Plan (WQMP), and does staff
recommend continuance until the WQMP is conceptually approved.
Chair Cohen commented to public speaker Kim McCarthy that he is a member of the Open
Space Committee (OSC), the OSC had no involvement with the Ortega Equestrian Center
(OEC) or any condition language regarding OEC, and cautioned public testimony of
erroneous information and personal attacks. Chair Cohen concerned with the enormity of
the project, cannot support the Ganado parking lot as there is no need for shared parking,
concerned with amending the General Plan, he does not see any language in the
conditions or mitigations where the City pays or has any obligation to relocate OEC, the
City should not relocate private businesses because if you provide benefits to one
business you would have to provide benefits to all, recommended striking any relocation
language, concurred with public speaker Jim Reardon to cap the number of equines,
inquired if the Master Plan and Development Agreement were separate motions, inquired if
Ganado parking lot requires a General Plan Amendment, suggested clarifying language
related to OEC and supports a continuance for staff to provide additional requested
information and clarify OEC language in the conditions and mitigation.
Motion by Commissioner Williams to continue the item to the next meeting on January 26,
2010 to provide more information on the Calle Arroyo (Ganado) parking lot, clarify
conditions and mitigations for OEC, and provide additional traffic information, seconded by
Commissioner Tatarian. The motion to continue passed on a vote of 5-0-1 with
Commissioner Kerr recused.
G. NEW PUBLIC HEARINGS
None
H. OLD BUSINESS
None
J. COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor provided a summary of upcoming
zoning and planning applications to the Development Advisory Board, Design Review
Committee (DRC), Planning Commission, and City Council. Mr. Taylor invited
Commissioners to attend DAB meetings. Mr. Taylor reminded. the Commission of the
PC Minutes 7 January 12, 2010
Community Emergency Response Team (CERT) Invitation that was emailed and classes
begin on February 3, 1020.
Commissioner Neely inquired about the status of the Costco application.
Vice Chair Ratcliffe inquired what were the circumstances for removal of the pine trees by
Chase Bank on Del Obispo Street that has left the area stark and suggested replacement
trees should be considered.
Commissioner. Williams passed.
Commissioner Tatarian inquired if the Planning Commission can address parcels owned
by SMES in the Ortega Commercial Center that may be used in the future.
Chair Cohen inquired if the newly installed Chevron monument sign on Del Obispo is
consistent with Planning Commission approval. Inquired if the Development Agreement
for SMES can include all properties SMES owns and regulate lots in the Ortega
Commercial Center in the future.
Deputy City Attorney Diego Santana responding to Planning Commission questions
commented deliberation and approvals for SMES should be limited to contents of the
Master Plan today and not the use of future parcels.
Assistant Community Development Director Taylor responding to Planning Commission
questions stated the Costco proposal at Lower Rosan Ranch has been withdrawn and
Costco is now proposing to expand their existing facility on Camino Capistrano by
purchasing the Ford Dealership lower pad, demolishing the buildings, and constructing an
approximately 30,000 square foot addition, a gas station, car wash, additional parking, and
landscaping. Mr. Taylor commented there were two pine trees at Chase Bank and the tree
near the driveway fell over in a recent storm and the property owner requested and
received approval to remove the other tree leaning over the bank building. Mr. Taylor
stated both trees were on private property and the City did not pursue a replant.
K. ADJOURNMENT
Chair Cohen adjourned the meeting at 7:50 p.m.
Approved:
Grant Taylor,`
Assistant Community Development Director
PC Minutes 8 January 12, 2010