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PC Minutes-2010-03-0932400 PASEO ADrzE_ANTo SAN JUAN CA PI5'r'F ANO, CA 92.675 (949) 493.1171 (949) 493.1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER ii MEMBERS OF THE CITY COUNCIL SAM ALL/ATO �[aEvoe rE LAURA FREESE ESERBLISNEG �s' THOMAS W. HRIBAR 1776 MARK NIELSEN IDR. LONDRES USO March 9, 2010 PLANNING COMMISSION MINUTES REGULAR MEETING 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 Jim Mocalis. COMMISSIONERS ABSENT: Commissioner Robert Williams ■mss 7_I W91i7��iI mol L,1 [a_y 0 [a] I" None 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. None F. CONTINUED 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. San Juan Capistrano: Preserving the fast to Enhance the Future Printed on 100% recycled paper (Applicant: City of San Juan Capistrano)(Project Managers: Douglas Dumhart, Economic Development Manager & Karisa Rojas -Norton, Administrative Intern). Staff Presentation and Recommendation Economic Development Manager Douglas Dumhart presented the staff report summarizing the proposed code amendment, and referred to page two of the staff report that identified six (6) recommendations from the Planning Commission at the last meeting on February 23, 2010. Planning Commission recommendations included: 1) Page 15, Section 7, Table 3-42, Sign Standards, menu boards; 2) Page 12, Section 6(d)(1)(k), 100% vehicle stacking off streets 100% of the time; 3) Page 5, Section 1(f)(1) and Page 7 Section 1(i), two years to establish DU P's; 4) Page 6, Section 1(f)(3) 20 year expiration of DUP's; 5) Page 11, Section 6(d)(1), hours of operation included in TIA; 6) Page 7, Section 1(1), language for Planning Commission periodic review. Mr. Dumhart referred to a letter distributed to the Planning Commission from the drive-thru public stakeholder's to include: • John Ziebarth, AIA Ziebarth Associates, Architecture & Planning • Brett Wiles — Operator Carl's Jr. in San Juan Capistrano • Ross Pollard — Operator McDonald's in San Juan Capistrano • Don Armstrong — Donahue Schriber • Doup Couper— Greenberg Farrow Architects Mr. Dumhart summarized the public stakeholder's requested amendments to the draft code amendment to include: 1) Section 1(f)(1): Add subsection (iv) the issuance of a grading permit; 2) Section 1(f)(3): DUP expiration of 30 years instead of 20 years; 3) Section 1(g)(2): Modify language for non -conforming drive-thru businesses; 4) Section 6(d): Delete certain required information from the TIA; 5) Section 6(d): Amend subsection (1)(k) regarding mitigation of stacking on streets; 6) Section 7, Table 3-42: allow menu boards up to 42 square feet in area. Assistant Community Development Director Grant Taylor commented the sign code requires Planning Commission approval of menu boards, the sign code does identify a menu board maximum area, and the Commission may want to require menu boards be included in a sign program that allows the Commission flexibility on a case by case basis. Deputy City Attorney Diego Santana responding to Commissioner Tatarian commented in Section 1(g)(2) the wording "shall" is mandatory and is appropriate. Mr. Santana responding to Commissioner Neely commented the non -conforming language relating to 51% is regarding damages and provision 3 recommended in the stakeholder's letter is consistent with existing code provisions for remodels. PC Minutes 2 March 9, 2010 Public Comments Steve Siglin, 26111 Antonio Parkway, Suite 100, Rancho Santa Margarita, CA spoke in support of the ordinance subject to revisions in the stakeholder's letter. John Ziebarth, 2900 Fourth Avenue, #204, San Diego, CA spoke in support of the ordinance subject to revisions in the stakeholder's letter and summarized each of the six requested amendments identified above. Email from Joel Peshkin requesting the ordinance include a provision that all exterior ligating be full cutoff lighting shielded so that no part of the bulb is directly visible from off of the property or any adjacent roadway. 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 referred to the ordinance, Page 6, Section (g)(2), fifth line, should the word "shall" be used instead "must"? Commissioner Tatarian referring to the six recommendations in the letter from the stakeholders stated he agrees with 1 and 2, disagrees with 3, 4, and 5 and on 6 the size of the menu board is dependent upon the appearance. Commissioner Tatarian inquired about provision #3 in the letter regarding 51 % non -conforming. Commissioner Kerr expressed concern with menu boards and commented 24 square feet for a menu board may be too small but 42 square may be too large, and commented she is agreeable with the stakeholder's recommendations except menu boards should be case by case. Vice Chair Ratcliffe commented the photographs of menu boards is compelling, the 42 square.feet request may assist traffic circulation, but menu boards should be completely screened from the street. Commissioner Mocalis commented the recommendations from the stakeholders are acceptable and he can support Commissioner Neely's recommendation except provision #4 in the stakeholder's letter as he agrees the following subsections should be deleted from the ordinance regarding TIA: a) Nature of the product or service being offered; b). Number of menu items being offered; c) Method by which the order is processed; d) Estimated time required for each transaction; e) Estimated arrival rate of customers; f) Hours of operation. PC Minutes 3 March 9, 2010 Commissioner Neely referring to the six (6) recommendations in the stakeholders letter commented he agrees with provision 1, disagrees with provision 2 as the expiration should refer to the City's non -conforming Section of the Municipal Code, agrees with provision 3, disagrees with provision 4 stating subsections a, b, c, d, e and f should remain, partly disagrees with provision 5, and disagrees with provision 6 as smaller menu boards are preferred. Commissioner Neely commented the 51 % non -conforming provision is common in most City and County codes and asked the Deputy City Attorney to comment, and made a motion to concur with provisions 1, 3 and 5 in the stakeholder's letter, decline provisions 2 and 4 in the letter, and amend provision 6 that menu board sign areas are subject to Planning Commission review. Vice Chair Ratcliffe seconded the motion. A discussion ensued about the recommendations in Commissioner Neely's original motion. Commissioner Neely restated the motion. Chair Cohen inquired about Section 1(c)(5) on pages 3 and 4 of the ordinance that stated failure of the Planning Commission to make a recommendation within 45 days constitutes a recommendation of approval to the City Council. Chair Cohen commented he prefers menu boards be subject to review by the Planning Commission on a case by case basis, and requested the Planning Commission review drive-thru businesses prior to DRC review. Motion by Commissioner Neely to forward the attached ordinance to the City Council with a recommendation of approval subject to the following amendments: • Section 1(f)(1) Time period for establishment: Add subsection (iv) the issuance of a grading permit. Section 1(g)(2) Discretionary uses existing on the effective date of this Code amendment: Modified to read (2) "Any expansion, substantial remodel or reconstruction of a use or building containing a previously approved drive-thru window which has become non -conforming due to adoption of this Code or any subsequent amendments thereto shall be allowed if it does not expand the aspect of non -conformity or creates a new impact. If a modification of an existing facility results in either an expansion of a non -conforming element or the creation of a new impact, the establishment shall comply with Section 9--3.533 regulating non- conforming uses, until such use is brought into conformance with the Land Use Code.,' Section 6(d)(1)(k) Traffic impact study: First sentence shall be amended to read "If a significant impact is identified, proposed mitigation should include:" • Section 7, Table 3-42 Sign Standards: Delete "8" from fourth column titled "Max. Area (square feet)" Section 1(c)5, delete the following sentence, "Failure of the Planning Commission to review and make a recommendation on the City Council's proposed revision to the PC Minutes 4 March 9, 2010 DUP application within forty-five (45) days shall be considered a recommendation of approval". • Section 1(c)(4) shall be amended to read as follows "Prior to Commission and Committee review, the Planning Commission shall review and make recommendations regarding land use determination issues". The motion was seconded by Vice Chair Ratcliffe. The motion to recommend City Council approval as amended passed on a vote of 5-1 with Commissioner Mocalis voting no. 2. CONSIDERATION OF GRADING PLAN MODIFICATION GPM 09-002 SCAROLA RESIDENCE; a request for review of design plans for the legalization of a series of retaining walls and grading that was performed prior to the issuance of a building permit, or the approval of a Grading Plan Modification (APN 675-339-04)(Applicant: Kurt Saxon)(Case Planner: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the applicant is requesting approval to legalize grading and the installation of retaining walls without a building permit or the approval of a grading plan modification. Mr. Kirk summarized the history of work performed, the ongoing code enforcement case, Planning Commission review and continuance in December 2009 conceptually supporting the design but requiring soils and geotechnical report to substantiate the work, and continuing the item to March 9, 2010. Mr. Kirk commented staff had not been contacted by the applicant or the property owner until today, no soils and geotechnical reports have been submitted, and staff recommends denial. Public Comments Vito Leonardo Scarola, 33561 Valle Road, SJC the property owned commented he has no more funding, long standing litigation, a court agreement may not be consistent with Planning Commission approved design, and the court case should conclude in two to three months. Cori Powers, 33551 Valle Road, SJC spoke in opposition summarizing the history of code violations, long and costly litigation, referred to Municipal Code Section 8--2.16e, commented the court case was concluded and Mr. Scarola appealed, and requested the City deny the application and remedy the violations. Ted Powers, 33551 Valle Road, SJC spoke in opposition summarizing the previous Planning Commission and City Council meetings, there is a 10 foot pad height difference, Engineer Kurt Saxon's plans are fraudulent, and requested the City deny the application and remedy the violations. Richard Hill Adams, 33532 Forster Ranch Road, SJC spoke in opposition commenting on code violations, fraudulent information from the owner and applicant, and the applicant is residing in the residence despite no Certificate of Occupancy. PC Minutes March 9, 2010 Peter Thomas, 33552 Valle Road, SJC filled out a speaker card but was not present for the public hearing. Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • Municipal Code requirements; • Building Code requirements; • Aesthetics; • Impacts on properties in the vicinity. Vice Chair Ratcliffe commented she supports staff recommendation. Commissioner Kerr commented she supports denial, the DRC worked hard to find an acceptable solution, and the applicant did not follow through with soils and geotechnical report. Commissioner Mocalis commented he supports denial. Commission Neely commented the DRC had come to a conclusion that would resolve the code violations, asked the Deputy City Attorney if the courts can intervene, and supports denial. Commissioner Tatarian supported denial. Chair Cohen inquired if a trial date had been set, commented he emphasizes with the neighbors, has seen no progress by the applicant, and supports denial. Motion by Commissioner Tatarian to adopt the attached resolution denying Grading Plan Modification (GPM) 09-002, seconded by Commissioner Kerr. The motion to deny passed on a vote of 6-0. I. NEIN BUSINESS Chair Cohen reorganized the agenda to hear the New Business item 11. 1. WORK SESSION CONSIDERATION OF CONDITIONAL USE PERMIT CUP 10- 001 CHURCH IN SYCAMORE PLAZA; a request for approval to establish and operate an approximate 3,358 square foot church in an existing multi -use quasi -industrial building. There are no exterior modifications associated with the proposed use. (APN: 668-082- 04)(Applicant: Luis Magallanes)(Case Planner: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the applicant is requesting to establish and operate a church totaling approximately 3,358 square feet within an existing building in Sycamore Plaza in the CM (Commercial Manufacturing) zone. No exterior modifications are proposed. Mr. Kirk commented the primary issues are the impact on other businesses in Sycamore Plaza and the potential need for dedicated PC Minutes 6 March 9, 2010 parking for the proposed use. Mr. Kirit referred to the attached parking use matrix for Sycamore Plaza. Staff recommended the Planning Commission provide direction on the potential need of an exclusive parking agreement. Public Comments NONE Planning Commission Questions and Comments The Planning Commission considered the requirement of a joint use parking agreement and provided comments for the applicant. Commissioner Mocalis inquired if it would be appropriate to use the same parking restrictions the City used for the Dance 210 business in Sycamore Plaza. Commissioner Kerr expressed concern with parking on weekends and for special events. Commissioner Tatarian inquired about a reciprocal parking agreement with Serra Plaza and suggested required church parking stalls be considered in the calculation for a reciprocal agreement. Commissioner Neely commented that an exclusive parking agreement is appropriate. Vice Chair Ratcliffe concurred with her colleagues comments. Chair Cohen inquired if the applicant has a church at another location, if he is moving or expanding, and suggested the church services be staggered on Sunday. The Planning Commission by general consensus "recommended that staff forward their comments to the applicant. F. CONTINUED PUBLIC HEARINGS 3, CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 0701, 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 pians 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). Commissioner Neely recused himself due to a potential conflict of interest as he has a contract with Orange County Counsel with no pay, County Counsel made comments on PC Minutes 7 Marcie 9, 2010 the EIR, and the letter of the law is he can participate but should recuse. Neely left the Council chambers. Staff Presentation and Recommendation Principal Planner Bill Ramsey presented the staff report stating the item was introduced at the last meeting on February 23, 2010 at which time the Planning Commission requested additional information. Based on Commission requests, staff undertook the following tasks: • Implications of the new MS -4 permit; • Traffic Impact Analysis (TIA) assumptions for special events; • How the proposed equestrian facility compares with existing facilities; • How the Coto de Caza equestrian center operates and impacts on residences; • If existing or planned infrastructure be adequate for the project. Mr. Ramsey also commented on directions the Commission provided to the applicant to include: • Revise elevations for Distrito component to depict all roofline building heights; • Provide an additional view simulation from northbound 1-5 Freeway; • Provide a more clear view simulation #9; • Provide project phasing plan. Mr. Ramsey provided a clarified view simulation 9 from the city's sports park and noted that due to the distance, the project would be difficult to visually discern, distributed the draft Development Agreement to the Planning Commission, and introduced EIR consultant Keeton Kreitzer, traffic consultant Richard Barretto (Linscott, Law and Greenspan) and air quality consultant Tin Cheung. Principal Planner Ramsey responding to Planning Commission questions and comments stated he would prefer the Commission continue the item to the next meeting on March 23, 2010 so that momentum could be maintained and the Commission could continue to make progress in the review of the project. Deputy City Attorney Diego Santana responding to Commissioner Mocalis stated he could participate in the item unless a future direct impact is discovered, EIR consultant Keeton Kreitzer responding to Planning Commission questions and comments stated direct traffic impact is determined if project traffic exceeds 1 % of existing capacity and results in a Level of Service (LOS) of E or F. Mr. Kreitzer further commented that cumulative traffic impact analyzes long-term growth impact to traffic includes approved but unbuilt projects, and has a 1% or greater increase in capacity or reaches LOS E or F. Senior Traffic Engineer Alan Oswald responding to Planning Commission questions and comments summarized road segments and long term traffic impacts. PC Minutes 8 March 9, 2010 Public Comments Rob Cerruti, Advanced Real Estate Services, 23792 Rockfield Blvd. #100, Lake Forest, CA spoke in support of the project, commented ARES is waiting on the view simulation from the northbound 1-5 vantage point, and he is available to answer questions. Doug Staley, Hunsaker Associates responding to Vice Chair Ratcliffe explained why the three BMP's were selected, summarized water treatment, and said dry basin detentions are proposed. He noted that because the Meadows site is comprised of clays and because of the landfill, the design goal for the BMPs cannot involve percolation into the ground. Yvonne Tschaikowsky, 27367 Paseo Placentia, SJC spoke in opposition commenting on landslide and grading concerns and distributed a diagram from the Phase 1 Preliminary Environmental Site Assessment (PESA) depicting the general location of ridgelines to the Planning Commission regarding EIR Section 4.5, public health. Trevor Dale, 27731 Camino La Ronda, SJC spoke in opposition expressing concerns with water availability, perched water tables, and ancient landslides. Richard Stein, 27677 Paseo Aiondra, SJC expressed no opinion but was present to gather information for the Mesa Vista HOA in the Lomas San Juan subdivision. The HOA is concerned with equestrian impacts, Distrito intensity, and suggested ARES make a presentation to the HOA Board. Marc Hedgpeth, 21486 Almondwood, Lake Forest, spoke in support. 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. Commissioner Tatarian inquired about the view simulation from northbound 1-5 Freeway, and commented on the Traffic Report, Attachment 2, Page 142, direct traffic impacts, existing development plus project traffic impacts, and road segments; also on Page 145, long term traffic impacts, Vice Chair Ratcliffe inquired about the Water Quality Management Plan (WQMP) in Attachment 1, and why only three (3) Best Management Practices (BMP's) out of 12 options were chosen. Commissioner Mocalis inquired to the Deputy City Attorney if he has a potential conflict of interest as he was the former Chair of the Regional Water Quality Control Board that took action on the Forster Canyon Landfill. PC Minutes 'd March 9, 2010 Commissioner Kerr passed. Chair Cohen inquired about the status of responses to EIR comments, does staff have time to prepare the final EIR comments before the next Commission meeting, and suggested the Commission review the Development Agreement at the next meeting on March 23, and review the final EIR comments at the April 13, 2010 Planning Commission meeting. Motion by Vice Chair Ratcliffe to continue the item to the next regularly scheduled meeting, seconded by Commissioner Tatarian. The motion to continue to March 23, 2010 passed on a vote of 5-0-0 (note; Neely recused). H. OLD BUSINESS None J. COMMISSION 1 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. Commissioner Kerr inquired about the status of the Nelson Chung project in the Glendale Federal subdivision. Chair Cohen inquired about the status of his request to remove delineation blocking the right lane on westbound Ortega Highway just east of La Novia Avenue. Chair Cohen also inquired about an illuminated window sign in a real estate office next to Starbuck's at Camino Capistrano and Ortega Highway. Assistant Community Development Director Taylor commented staff has not heard from Nelson Chung and no plan check has been submitted for the Glendale Federal project. Mr. Taylor stated he referred the Ortega delineation to Public Works Traffic Engineer Alan Oswald who would contact Caltrans. Mr. Taylor commented he would follow up on the Caltrans issue and inspect the illuminated window sign and report back. K. ADJOURNMENT Chair Cohen adjourned the meeting at 9:35 p.m. Approved: Grant Taylor, Assistant Community Development Director PC Minutes 10 March 9, 2010