PC Minutes-2010-02-2332400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanluancaprstrano. org
A. CALL TO ORDER
February 23, 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, Commissioner Jim Mocalis, and Commissioner Robert Williams.
COMMISSIONERS ABSENT: None
D. ORAL COMMUNICATIONS
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 JANUARY 26 2010. Chair
Cohen announced the minutes and inquired if the Planning Commissioners had any
comments or corrections. Commissioner Mocalis identified an edit on page 8, 2nd
paragraph that the Ganado parking lot had a water district easement. Commissioner
Tatarian identified an edit on page 7, 3rd paragraph that the motion include if the Council
supports the Ganado parking lot HOA approval should be required. Motion by
Commissioner Tatarian to approve the January 26, 2010 Planning Commission Meeting
San Juan Capistrano: Preserving the Past to Enhance the Future
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Minutes as amended, seconded by Vice Chair Ratcliffe. The motion to approve passed on
a vote of 6-0-1 with Commissioner Kerr abstaining.
F. CONTINUED PUBLIC HEARINGS
G. NEW PUBLIC HEARINGS
1. CONSIDERATION OF CODE AMENDMENT (CA) 09-02; a Draft Code Amendment
to Establish Land Use Standards for Businesses with Drive -up Convenience Windows.
(Applicant: City of San Juan Capistrano)(Project Managers: Douglas Dumhart, Economic
Development Manager & Karisa Rojas -Norton, Administrative Intern).
Staff Presentation and Recommendation
Administrative Intern Karisa Rojas -Norton presented the staff report stating the City is
requesting the Planning Commission recommend approval of a code amendment to allow
with regulations businesses with drive -up convenience windows. Ms. Rojas -Norton
provided an overview of the municipal code history in regulating drive-thru business
establishments and how such provisions were removed. Ms. Rojas -Norton summarized
the provisions of the ordinance, identified a Discretionary Use Permit (DUP) similar to a
Conditional Use Permit would be required with ultimate approval by the City Council, a
traffic impact analysis would be mandatory, and summarized comments from the
Transportation Commission and Design Review Committee.
Economic Development Manager Douglas Dumhart briefly summarized the review process
for a DUP application.
Responding to Planning Commission questions and comments Mr. Dumhart stated the
traffic impact analysis would analyze vehicle stacking, a provision that all vehicles shall be
off the street at all times is currently not in the ordinance, menu boards are recommended
to allow an aggregate 24 square feet, and drive-thru establishments are not permitted in
the Tourist Commercial zones in the historic downtown,
Assistant Community Development Director Grant Taylor commented the findings in the
ordinance for the Discretionary Use Permit (DUP) are the same as Conditional Use Permit
(CUP) findings.
Deputy City Attorney Diego Santana commented the DUP findings should be consistent
with CUP findings and they are adequate
Public Comments
Doug Couper, 1920 Main Street #1150, Irvine, CA representing In -N -Out Restaurant
voiced general support of the ordinance with the following comments referring to the
attached Ordinance:
Page 13: Deeply set windows with mullions would pose operational problems.
PC Minutes 2 February 23, 2010
Page 13 2a: Limitation of one curb cut per business is problematic and recommended
case by case review.
Page 17: Minimal stacking calculations related to gross sales is problematic.
Page 18: Printing business names on napkins increases costs. A clean-up plan would
address trash concerns.
Page 19: The $10,000 recovery fund is excessive.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
• Development standards;
• Aesthetics;
• Potential Impacts on adjacent properties;
• Traffic and parking;
• Vehicle stacking.
Commissioner Tatarian inquired why on Page 15 was stacking and vehicle capacity
deleted, requested a provision be added in the traffic section that requires all cars waiting
in line shall be off the street at all times, and commented the City has an opportunity to
build economic strength, do not revive olds codes but develop a new code for modern
business needs, the traffic impact analysis should address cumulative impacts, requested
a provision to keep stacking. off the street at all times, on Page 5 three years is too long to
perform and should be two years, and on Page 6 requested an expiration time for the
discretionary use permit.
Commissioner Neely inquired if the DUP findings are adequate, if stacking is addressed in
the traffic impact analysis standards, supported comments from the Design Review
Committee (DRC), and suggested clarifying directional sign standards,
Commissioner Kerr inquired about language on Page 13 of the ordinance if one or two
advanced menu boards are permitted, inquired about code requirements for directional
signs, commented she supports the DRC recommendations, vehicle stacking should be
reviewed in the traffic impact analysis, concerned with menu board area and prefers a
maximum area, and suggested one advance menu board and one order board.
Commissioner Williams inquired if fast food drive-thru restaurants are permitted in the
historical downtown, suggested a cap on the number of drive-thru restaurants on Del
Obispo Street, is not supportive of additional fast food restaurants as the City has enough,
and supports reducing the number of curb cuts,
Commissioner Mocalis expressed concern with Page 17 of the ordinance regarding
stacking lane dimensions and supported the DRC comments.
Vice Chair Ratcliffe commented the ordinance is generally well written, supports no drive-
thru restaurants in the historic areas, is satisfied with the proposed zones they would be
permitted, and 24 square feet is adequate for menu boards
PC Minutes 3 February 23, 2010
Chair Cohen inquired is the DUP findings are adequate, commented the ordinance is
detailed and well done, provides the Planning Commission and City Council flexibility to
review applications case by case, prefers small signs on menu boards, and suggested the
item be continued to make final edits and bring back to the next meeting.
Motion by Commissioner Neely to continue the item to the next regular meeting on March
9, 2010, seconded by Commissioner Tatarian. The motion to continue passed on a vote of
7-0.
2. CONDITIONAL USE . PERMIT (CUP) 09-015, ARMSTRONG NURSERY (T -
MOBILE CELLULAR); a request to develop and maintain a wireless telecommunications
facility located at 32382 Del Obispo. (APN 121-182-53)(Applicant: T -Mobile, Aimee
Weeks)(Project Manager: Justin Kirk, Associate Planner).
Staff Presentation and Recommendation
Assistant Community Development Director Grant Taylor stated the property owner has
requested a continuance to address design concerns and staff requests that the project be
continued indefinitely and staff will advertise a future public hearing.
Public Comments
NONE
Planning Commissioner Questions and Comments
By general consensus the item was continued to a future date to be announced.
Chair Cohen called a five minute recess.
3. GENERAL PLAN AMENDMENT (GPA, REZONE (RZ) 07-01, TENTATIVE
TRACT MAP (TTM)17226, TENTATIVE TRACT MAP (TTM) 17280, GRADING PLAN
MODIFICATION (GPM) 07-01, DISTRITO LA NOVIA — SAN JUAN MEADOWS; a request
for approval of development plans for a mixed use development on the 18.7 acre Distrito
La Novia site consisting of 75,100 gross square feet (68,200 net square feet) of
commercial -retail use, 32,000 gross square feet (27,500 net square feet) of office use, and
140 residential units (90 for -sale condominiums & 50 rental apartments); and development
plans for the 135 -acre San Juan Meadows site consisting of a 94 -lot residential estate
subdivision and 775 -horse commercial equestrian facility. (Applicant: Advanced Real
Estate Services)(Project Manager: William Ramsey, AICP, Principal Planner).
Staff Presentation and Recommendation
Principal Planner Bill Ramsey presented. the staff report summarizing the project area,
project and entitlements, reviewed the City Council subcommittee recommendations,
reviewed previous entitlements for the project site to include a hotel and 440 residences,
identified the new project's reduction in residences and increase in open space, and
reviewed the proposed amendment to the General Plan Circulation Element by deleting
Avenida California. Mr. Ramsey provided a power point presentation that illustrated the
Distrito site plan, Meadows Tract Map, and discussed DRC comments, General Plan
consistency, the Comprehensive Development Plan, the affordable housing component,
the Domestic Water Master Plan (DWMP)-planned reservoir site, a Development
PC Minutes 4 February 23, 2010
Agreement, showed a map with existing and proposed equestrian facilities with proximity
to residences, and reviewed the widening of Valle Road and related retaining wall heights.
Mr. Ramsey requested Planning Commission open the hearing to public comments,
provide comments to staff, and continue the project to the March 9 meeting. He stated
technical staff would be present at the next meeting
Environmental consultant Keeton Kreitzer summarized the EIR process, noted that an
Initial Study was not performed because the City concluded early in the process that an
EIR would be required, nine technical studies were conducted, all impacts can be
mitigated to insignificant levels except air quality, discussed traffic, odors, aesthetics and
commented he and staff are preparing responses to EIR comments.
Principal Planner Bill Ramsey responding to Planning Commission questions and
comments stated the Pacifica San Juan was included in the traffic study for the Distrito La
Novia / San Juan Meadows, the view simulations show that the project will not silhouette
against ridgelines, the San Juan Meadows has 93 homes on '/ acre plus lots ranging from
3,500 to 5,000 square feet, commented that operational techniques will essentially
eliminate odors and/or flies and residents will have the ability to submit complaints to the
HOA, the Pacifica San Juan engineer has submitted freeway on-ramp and off -ramp plans
for the 1-5 northbound (NB) ramps at Valle/La Novia which Caltrans is reviewing, will follow
up on the MS4 water quality permit status, did not analyze equestrian options to the 775 -
horse proposal, future architectural control (AC) and Conditional Use Permit (CUP) review
would be conducted for the equestrian facility, residential parking in the parking structure is
convenient to residents, guest parking is in the structure and there is adequate parking for
the proposed boutique commercial, prohibit existing left turns from the project to San Juan
Creek Road on Valle road to ease stacking, the applicant will bring back 1-5 northbound
view simulations, final landfill closure is under review by San Diego Regional Water Quality
Control Board, staff received the Orange County Waste and Recycle letter on February 19,
2010 after closure of the 45 -day EIR comment period, and staff hopes to have EIR
comments drafted by the next meeting on March 9, 2010.
Deputy City Attorney Diego Santana responding to Commissioner Mocalis stated his
previously being on the Regional Water Quality Control Board was not a conflict of interest.
Public Comments
Rob Cerruti, Advanced Real Estate Services, 23792 Rockfield Blvd. #100, Lake Forest, CA
spoke in support and provided a brief presentation stating they have been working on
reducing density for two years including nine public meetings, net reduction of 206
residences, providing 1, 2 & 3 bedroom condominiums, six -story parking structure with
three levels above grade and a green roof, 775 equine facility and more open space.
Ann Forster, 25951 Calle Ricardo, SJC spoke in support.
Julie Ryan Johnson, 28382 Paseo Establo, SJC spoke in support.
Patrick Pearson, 28382 Via Anzar, SJC spoke in support.
Ronald Malanoski, 32065, Via Canela, SJC spoke in opposition due to odors and manure.
PC Minutes 5 February 23, 2010
Lynn Williams, 32219 Via Barrida, SJC spoke in opposition due to high density.
Tracy Brown, 31575 Moonglow Lane, SJC supports equestrian but has traffic concerns.
Richard Stein, 27677 Paseo Alondra, SJC fact finding for Mesa Vista HOA Board.
Ernie Schneidel 25522 Purple Sage Lane, SJC spoke in support.
Marc Hedgpeth, 21486 Almondwood, Lake Forest spoke in support.
Kathy Hobstetter, 2973 harbor Blvd. Costa Mesa spoke in support.
Murrill Adams, 1200 N. Jefferson, Anaheim spoke in support.
Yvonne Tschaikowsky, 27367 Paseo Placentia, SJC spoke in opposition, EIR impacts.
Jim Vance, 32862 Valle Road #141, SJC spoke in opposition wants affordable housing.
Trevor Dale, 27781 Camino La Ronda, SJC spoke in opposition, water use, waste/recycle.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
• State Law;
• Municipal Code Requirements;
• Environmental Review;
• Impacts on Properties in the Vicinity;
• Traffic;
• Aesthetics.
Vice Chair Ratcliffe inquired about deleting Avenida California Street effect on the Pacific
San Juan project; requested an additional view simulation; noted that view simulation #9 is
difficult to see; and expressed concern with the size and visibility of the planned equestrian
arenas.
Commissioner Kerr inquired about ridgeline height separation between the project and
residences; air quality emissions/particulates; odor and flies from the equestrian use;
commented the review is an educational process; more information will be provided about
areas of concern; and the commercial component of the project could be a "spark" to
redevelopment.
Commissioner Mocalis commented that the intersection at Valle Road and La Novia
Avenue is awkward because the on and off ramps are offset; inquired about the alignment
status; and asked the Deputy City Attorney if his serving on the State Regional Water
Quality Control Board which took action on the Forster Canyon Landfill poses a conflict of
interest and should he abstain.
PC Minutes 6 February 23, 2010
Commissioner Neely inquired about the water quality compliance MS4 permit status; traffic
mitigation for equestrian events; analysis of existing San Juan stables as opposed to other
stables such as Coto de Caza Equestiran Center; encouraged staff to provide responses
to public testimony; and inquired about the status of the Orange County Waste &
Recycling letter.
Commissioner Tatarian commented that the view simulations were well done; need an
additional 1-5 northbound view simulation; inquired about RV storage and horse trailer
visibility; questioned whether Distrito residents using the parking structure is practical;
commented he likes the planned equestrian facility and open space; the Meadows reduced
residential density is desirable; and the Distrito design is acceptable and inquired about the
adequacy of public infrastructure to serve the project.
Commissioner Williams inquired if resident guest parking would be provided in the parking
structure; is boutique retail parking sufficient; does the San Juan Creek Road left turn onto
Valle Road have sufficient stacking; and commented that the overall project design
appears acceptable and the architectural design is "great"; the DRC did a good job in
reviewing the project design; supports the planned equestrian use; needs to see building
heights on each building; inquired about phasing; and commented the Distrito La Novia
project appears quite dense.
Chair Cohen inquired about the size and number of equestrian stalls; if equestrian
operational provisions were analyzed; if odors/land use effects of other equestrian facilities
were reviewed; commented he concurs with Commissioner Tatarian that a 1-5 northbound
view simulation is necessary and view simulations from all angles; inquired about the
status of the landfill closure; thanked the public for their testimony; inquired about the time
frame for response to EIR comments; requested adequate time to review comments and is
the March 9, 2010 Planning Commission meeting too soon.
A motion was made and duly seconded to continue consideration of the project to the
March 9 meeting. The motion passed unanimously.
H. OLD BUSINESS
None
I. NEW BUSINESS
1. SELECTION OF PLANNING COMMISSION CHAIR AND VICE CHAIR TWO
DESIGN REVIEW COMMITTEE (DRC) MEMBERS AND ONE HOUSING ADVISORY
COMMITTEE (HAC) MEMBER.
Motion by Commissioner Neely that all positions on the Planning Commission, DRC and
HAC remain the same except Commissioners Kerr and Williams reverse DRC member
and DRC alternate, seconded by Commissioner Kerr. The motion to approve passed on a
vote of 7-0 resulting in the following appointments:
Planning Commission Chair: Sheldon Cohen
PC Minutes 7 February 23, 2010
Planning Commission Vice Chair: Gene Ratcliffe
DRC Member:
Tim Neely
DRC Member:
Robert Williams
DRC Alternate:
Ginny Kerr
HAC Member: Gene Ratcliffe
J. COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor provided a status summarizing
upcoming zoning and planning applications to the Development Advisory Board, Design
Review Committee, Planning Commission, and City Council. Mr. Taylor invited
Commissioners to attend DAB meetings. Mr. Taylor responded to Commissioner Williams
and Vice Chair Ratcliffe's concerns about signage at the two Chevron stations, and
responded to Chair Cohen's inquiry about a fence on Belford Drive.
Commissioner Neely stated that he, Commissioner Williams and DRC Chair Bob Cardoza
have joined City Community Development and Public Works staff on the Aesthetics Team
to review the Caltrans 1-5 / Ortega Highway Interchange Project aesthetics related to the
bridge, retaining walls, landscaping, railings, fencing, and slope pavers. Commissioner
Neely provided a brief summary of discussions at the three meetings.
Vice Chair Ratcliffe inquired about a banner at the Ortega Shell Carwash and a stick sign
in Ortega Ranch next to Skimmer's Panini Restaurant for a Physical Therapy business.
Commissioner Kerr inquired about a banner at the Camino Capistrano Health Center and
commented the new EI Adobe Plaza monument signs look good.
Commissioner Williams announced he would be unable to attend the March 9, 2010
Planning Commission meeting.
Assistant Community Development Director Taylor commented he would follow-up on the
Commissioners questions and report back.
K. ADJOURNMENT
Chair Cohen adjourned the meeting at 10:54 p.m.
Approved:
Grant Taylor, r ---
Assistant Community Development Director
PC Minutes 8 February 23, 2010