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PC Minutes-2010-03-2332400 PA.SEO AOEL.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (349) 433-1053 FAx www, sanjuanc•apistrano. org i MEMBERS OF THE CITY COUNCIL 10(00P UIR SADA ALLEVATO LAURA FREESE g #5108€iSH£fl Igo THOMAS W. HRISAR rrb MARK NIELSEN SJR. LONDRES USC March 23, 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, Commissioner Robert Williams and Commissioner Jim Mocalis, COMMISSIONERS ABSENT: None D. ORAL COMMUNICATIONS 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. Cohen announced the item and inquired if the Planning Commissioners had any comments or corrections. Commissioner Kerr requested wording be added on Page 3, 5 paragraph that pre -order boards be included in the menu board sign area. Motion by Commissioner Kerr to adopt the February 23, 2010 minutes as amended, seconded by Vice Chair Ratcliffe. The Motion to approve passed on a vote of 7-0. San Juga Capistrano: Preserving the Past to Enhance the Future Printed on 100% recycled paper 2. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 9 2010. Chair Cohen announced the item and inquired if the Planning Commissioners had any comments or corrections. Assistant Community Development Director Taylor identified the addition of two (2) bullet points on the bottom of page 4 and top of page 5 as requested by the Redevelopment/Economic Development Department for Code Amendment 09-02, Drive-Thru Establishments to read: • 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 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". Motion by Commissioner Neely to adopt the March 9, 2010 minutes as amended, seconded by Commissioner Mocalis. The motion to approve passed on a vote of 6-0-1 with Commissioner Williams abstaining. F. CONTINUED PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 07-01 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). Commissioner Neely recused himself due to a potential conflict of interest and left the Council Chambers. Staff Presentation and Recommendation Principal Planner Bill Ramsey presented the staff report briefly summarizing the development proposal and project history. Mr. Ramsey commented the primary focus of tonight's review is the applicant proposed Development Agreement and highlighted the key items to include: ® Completion and certification of closure of the Forster Canyon Landfill; • Phased construction of off-site traffic and circulation improvements; • Early phase reconstruction of 1-51Valle/La Novia intersection to align hook ramps; ® Dedicate public access easements; PC Minutes 2 March 23, 2010 • Construct trail overlooks; • All streets privately maintained; • CC&R's establish a Geologic Hazard Abatement District; • Maximum 10% lot coverage of equestrian structures; • Irrevocable offer of dedication for the 250S Reservoir site; • Capistrano Circulation Fee Program (CCFP) fees due at building permit issuance; • Distrito Land Use Alternative of a Hotel; • Affordable Housing Opportunities Program. Principal Planner Ramsey responding to Planning Commissioner questions stated the applicant is required to re -close the landfill and if there is no project no landfill re -closure, the landfill was closed in the mid 1970's consistent with laws at the time, the project must comply with current closure laws, the development agreement would begin 30 days after ordinance adoption, no subdivision map can be recorded until the landfill is closed, the City is coordinating with Caltrans, and recommended the item be continued to the next meeting on April 6, 2010. Deputy City Attorney Diego Santana commented the right to assign language in the development agreement is standards but proposes new language for involuntary transfers such as bankruptcy. Public Comments Roger Grable, Attorney for the applicant spoke in support and commented the language for transfer of ownership is acceptable. Ron Malanoski, 32065 Via Canela, SJC spoke in opposition identifying concerns with the equestrian component. Lynn Williams, 32219 Via Barrida, SJC spoke in opposition saying project is too large. Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • General Plan and Zoning consistency, • Development Agreement; • Environmental Review; • Impacts on Properties in the Vicinity; • Traffic; • Aesthetics. Commissioner Tatarian asked questions to include, Page 7, Section 2.3 when does the term of the Development Agreement begin, Page 8, Section 8-3.1.2 Phasing Plan, Exhibit C, second bullet regarding subdivision, Page 11 Mello Roos language, Traffic Analysis final configuration of San Juan Creek Road, La Novia construction timing, and phasing, and coordination with Caltrans. PC Minutes 3 March 23, 2010 Chair Cohen asked questions to include, page 2, Section e, direct benefits to the City and close landfill absent this agreement and project, Page 7, Section 2.5, right to assign doesn't the City want control, and inquired how much time staff needs to bring the item back. Motion by Commissioner Mocalis to continue the item to the next regularly scheduled meeting on April 13, 2010, seconded by Commissioner Williams. The motion to continue to April 13, 2010 passed on a vote of 6-0-1 with Commissioner Neely abstaining. G. NEW PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT CUP 09-016 MISSION BASILICA CELLULAR; a request for approval to develop and maintain a wireless telecommunications facility located in an internal area of an existing bell tower. The proposed facility would not be discernable from the exterior. The project is located at 31522 Camino Capistrano, generally located at the southeast corner of the intersection of Camino Capistrano and Acjachema Street more specifically referred to as APN 124-180-03. (Applicant: T -Mobile, Aimee Weeks, Representative)(Project Manager: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the applicant proposes to install a cellular facility consisting of eight (8) paddle style antennas, 86-10" in height, to be embedded in an existing wall, the existing masonry would be replaced with transparent fiberglass, treated to match the existing building, and the cellular facility would not be visible. The project includes installation of six (6) ground mounted pieces of equipment located in an existing equipment area fully screened by an existing wall. Associate Planner Kirk responding to Planning Commissioner questions stated the paddle antennas are located between two walls, didn't know about the bell tone, and the municipal code and State Law regulate coverage and aesthetics, Public Comments Aimee Weeks, 16460 Bake Parkway, Irvine, CA the representative for T -Mobile spoke in favor of the project. Ms. Weeks commented T -Mobile needs the location not only for coverage but to reduce dropped calls, the Mission areas has high phone usage, the facility also addresses texting, webpage, games, etc. Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • Aesthetics; • Design Guidelines; • CUP Findings. Commissioner Tatarian inquired if anything would be visible outside the bell tower, would the facility change the tone of the bells, and if the facility was not visible to the public and did not change the bell tone he could support. PC Minutes 4 March 23, 2010 Commissioner Neely commented the Design Review Committee (DRC) reviewed the item, the design guidelines are satisfied, the facility is fully screened, and he supports. Commissioner Mocalis identified a typographical error on the resolution and concurred with Commissioner Neely's comments. Commissioner Kerr commented T -Mobile has two other locations in the area and encouraged collocation, she reviewed the project and objected at DRC. Vice Chair Ratcliffe inquired about the capacity and gap in coverage, commented she hoped the bell tone would not be affected, and technology is always improving. Commissioner Williams commented he opposes faux trees but he can support this application as the facility is fully screened. Chair Cohen inquired if any other location would provide coverage, encouraged collocation, the coverage map doesn't appear to show much expansion with this facility, the screening is acceptable, cellular applications are out of control, and he opposes. Motion by Commissioner Neely to adopt the attached resolution approving CUP 09-016, seconded by Commissioner Williams. The motion to approve passed on a vote of 4-3 with Commissioner Kerr, Vice Chair Ratcliffe and Chair Cohen voting no. H. OLD BUSINESS None 1. NEW BUSINESS 1. WORK SESSION: "PLAZA BANDERAS HOTEL" MISSION INN HOTEL GENERAL PLAN AMENDMENT GPA 10-001 REZONE (RZ) 10-001 ARCHITECTURAL CONTROL AC 10-002 GRADING PLAN MODIFICATION GPM 10-001 TREE REMOVAL PERMIT TRP 10-003 SITE PLAN REVIEW SPR 10-001; an application to amend the General Plan land use designation from General Commercial (GC) to Planned Community (PC), and to amend the Zone District designation from General Commercial (GC) to Planned Community (PC) on an existing 3.18 acre property located at 26871 & 26891 Ortega Highway and generally located at the northeast corner of Ortega Highway and EI Camino Real (APN 124-170-12, 14, 15 & 16)(Applicant: Gretchen Stroscher Thomson)(Project Manager: David Contreras, Senior Planner). Staff Presentation and Recommendation Senior Planner David Contreras made the staff presentation stating the applicant is requesting approval to develop a four-story hotel with a five -story tower, 82,110 square feet in area, 138 rooms, and develop a two-story mixed use commercial building with 19,000 square feet of building area, and a surface parking lot with 200 stalls. Mr. Contreras commented this is a work session to obtain comments and recommendations to forward to the City Council on April 20, 2010, PC Minutes 5 March 23, 2010 Public Comments Gretchen Stroscher-Thompson, property owner and applicant, spoke in support and made a power point presentation. Ms. Thompson commented on the economic benefits to the City, identified Spanish Colonial architecture, discussed comments made at the June 30, 2009 Joint City Council 1 Planning Commission meeting and addressed issues concerning height, subterranean parking, massing, and aesthetics. Mrs. Thompson introduced her consultant Tom Merrill, Architect Doug Lee and Engineer Chuck Hartman. Tom Merrill, Civic Solutions consultant, spoke in support of the project and made a power point presentation discussing the project evolution, parking and circulation, impacts on Spring Street and the adjacent elementary school, and vehicle access. Mr. Merrill reviewed the land use entitlements and provisions in the draft Comprehensive Development Plan (CDP) and identified building height measured from mean sea level. Planning Commissioner Questions and Comments The Planning Commission considered issues to include but not be limited to: • General Plan and Zoning Consistency; • Architecture and Aesthetics; • Traffic and Parking, • Impacts on properties in the area; • Benefits to the City, • Environmental. Commissioner Tatarian commented he is concerned with sufficient parking and traffic flow, traffic is his primary concern, Spring Street is very congested, the 1-5 southbound off -ramp is the first vision of the City, the parking lot should screen vehicles, on-site parking is insufficient, possibly lower building height and increase footprint, building is too stark, simple and is not San Juan, view simulation #6 is problematic, building massing and starkness is problematic, unsure of the 4th story, Commissioner Mocalis commented the graphics are well done, the applicant needs to identify the height of the hotel in relation to the streets, view simulation #4 is incorrect, view simulation #3 believes the building is taller than the telephone pole, Page A-5 retail elevations need to show proximity of the school, massing a concern, the retail component proximity is too close to the Mission, and suggested a long-term parking agreement with the City. Vice Chair Ratcliffe commented she concurs view simulation #4 is incorrect, both the hotel and retail massing is problematic, height is too much, retail building looms over the intersection and Mission, the color should be modified, architecture is not authentic, looks like a Disneyland hotel, tower height problematic, view simulation from Spring Street appears accurate, looks like the La Quinta Inn, fagade color problematic, too much building, wants a boutique hotel, and reduce the retail building area and massing. PC Minutes 6 March 23, 2010 Commissioner Williams commented the 26 parking stalls for the retail is insufficient, hotel parking will spill over into the streets, this is the right project wrong architecture, this is not Spanish Colonial, massing is too extreme, the hotel is huge, four-story is acceptable with appropriate architecture, too much building for this lot, and encourages subterranean parking or low parking structure. Commissioner Neely commented the utility poles should be underground, the disposition of the remnant Caltrans triangle parcel will need to fit into the project, the project does not achieve City goals or benefits, is not compatible with the Mission, a four-story building should not look like a four-story building, shed roof is problematic, landscaping areas insufficient, view simulation #5 will be much worse with loss of Pepper Trees on 1-5 southbound off -ramp, the architectural style problematic, Spanish Colonial inappropriate, stark white buildings next to the Mission is too much, explore Monterey architecture with darker colors, change architecture between hotel and retail, reduce massing, retail looks like an extension of the hotel, retail building should be scaled down, retail 35' height too much, more landscaping needed along El Camino Real, retail looks too commercial, [- shaped parking lot by the Yellow House will be high demand, and parking areas not balanced, Commissioner Kerr commented view simulation #5 is incorrect with the bell tower height, encouraged a boutique hotel, concurs with her colleagues comments, a 54' building and 70' tower is too much, both hotel and retail too large, parking insufficient and 30% less than code, 5' setbacks in CDP insufficient, landscaping insufficient, CDP has minimal development standards that are unacceptable, the project decision should not be based solely on economics. Chair Cohen inquired if the hotel was destination or traveler target, the number of staffing for the hotel, if there is a restaurant in the hotel, banquet and/or conference rooms, would events compete with Mission, how is the four-story height measured, special events parking provisions/valet, and if the parking study will include train and transit. Chair Cohen commented a hotel and retail are appropriate uses at the site, concurs with his colleagues comments, four-story massing problematic, parking insufficient, buildings too close to Mission, subterranean parking has merit, , does not support four -stories, would like sufficient time to thoroughly review the parking study. 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 stated the Building Code is scheduled to change January 1, 2011 to increase fire requirements. There are five (5) items for the next Planning Commission meeting April 13, 2010. Commissioner Kerr inquired on the status of the Nelson Chung residential project in the Glendale Federal subdivision. PC Minutes 7 March 23, 2010 Commissioner Tatarian inquired if the Yellow House on the corner of EI Camino Real and Spring Street could be relocated and inquired about status of 1-5/Ortega Hwy. Interchange project. Commissioner Mocalis commented the Yellow House is owned by T.J. Meadows and he understands Ms. Thompson attempted to purchase but Mr. Meadows is not interested in selling. Mr. Mocalis also commented he would be gone the month of May. Commissioner Neely commented on the I-5/Ortega Highway project, the aesthetics team meetings with Caltrans, and the presentation to the City Council, Mr. Neely commented he would be gone the month of April. Vice Chair Ratcliffe commented the I-5/Ortega Interchange project should include wider sidewalks. Commissioner Kerr inquired if she. needs to recuse herself from the St. Margaret's Episcopal School Architectural Control items next meeting. Chair Cohen inquired about the right lane island delineation on Ortega Highway and excessive night lighting in commercial areas. Assistant Community Development Director Taylor responding to Planning Commissioner inquiries stated Nelson Chung has not submitted for plan check but has contacted staff hoping to move forward soon, Caltrans was contacted about the Ortega delineation and said they would investigate and get back with the City. Deputy City Attorney Santana advised Commissioner Kerr to abstain on the St. Margaret School items. K. ADJOURNMENT Chair Cohen adjourned the meeting at 9:00 p.m. Approved: Grant Taylor, '�'� Assistant Community Development Director PC Minutes 6 March 23, 2010