PC Minutes-2010-05-2532400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
A. CALL TO ORDER
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MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
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THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
May 25, 2010
PLANNING COMMISSION MINUTES
REGULAR MEETING
Chair Cohen called the regular meeting of the San Juan Capistrano Planning
Commission Meeting to order at 6:37 p.m.
B. PLEDGE OF ALLEGIANCE
Chair Cohen led the Pledge of Allegiance.
C. ROLL CALL
PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene
Ratcliffe, Commissioner Ginny Kerr, Commissioner Bruce Tatarian, Commissioner
Robert Williams, and Commissioner Tim Neely.
COMMISSIONERS ABSENT: Commissioner Jim Mocalis
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.
1. APPROVAL OF REGULAR MEETING MINUTES OF MAY 11. 2010. Chair
Cohen announced the item and inquired if the Planning Commissioners had any
comments. Commissioner Williams identified an edit on Page 2, 3rd paragraph, change
"at" to "and". Motion by Commissioner Kerr to adopt the May 11, 2010 minutes as
amended, seconded by Vice Chair Ratcliffe. The motion to approve passed on a vote
of 6-0.
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% recycled paper
PC Minutes 2 May 25 2010
F. CONTINUED PUBLIC HEARINGS
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G. NEW PUBLIC HEARINGS
1. ARCHITECTURAL CONTROL (AC) 09-29, SERRA PLAZA: an application to use
the existing central courtyard in the office complex for special events with up to 330
guests, outdoor amplified live entertainment, dancing, catered food and alcohol service
located in the Commercial Manufacturing (CM) zone district and General Plan
designated Quasi -Industrial at 31910 and 31920 Del Obispo Street. (Applicant: Dan
Friess)(Project Manager: Nick Taylor Planning Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report and stated the applicant is
requesting approval to conduct wedding and special events in an existing open court
yard of the Serra Plaza office complex for up to 469 persons, above the 330 guests
identified in the staff report. The events would include dancing, live entertainment, food,
alcohol, social and community events and provide portable tables, chairs, bar and
stage. Food would be prepared off-site and catered. The events would be conducted
6pm to 10pm on weekdays and 10am to 10pm on weekends. The applicant would be
required to comply with Municipal Code noise maximum 65 dBA. The use would
require 156 parking stalls and 279 parking stalls are present on-site and only two
businesses stay open beyond 6pm. Staff is recommending approval.
Planning Technician Taylor responding to Planning Commission comments stated the
Commission can revisit the application at a future date, a full-time restaurant would
require further review, the applicant has no reciprocal parking agreement with 210
Dance, and deferred to the applicant to provide additional information.
Community Development Director Taylor commented the Planning Commission can
request an acoustical analysis similar to Forster Mansion, Franciscan Plaza is legal
nonconforming and no acoustical analysis was performed, noise is measured from the
property line, and the Commission could revisit the item at a future date.
Public Comments
Dan Friess, 32302 Camino Capistrano #107, SJC spoke in support stating Norm
Bennett of the Company 24 Carats would operate the business, the property owner
owns the Las Hadas office complex across the street that provides additional parking.
Dan Friess responding to Planning Commission comments stated smaller events could
be moved into the restaurant during inclement weather, the restaurant and courtyard
are on the same lease and part of the application, if the Planning Commission wants
future review requested three years, the tenants were notified and no comments were
PC Minutes 3 May 25, 2010
received, and no amplified music in the northwest courtyard is proposed,
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
• Municipal Code requirements;
• Parking;
• Noise;
• Impacts on Adjacent properties.
Commissioner Williams inquired about time limits, if the restaurant and courtyard would
be used together; suggested the City review the status in a year; and commented that
the project is a great use at the location. He expressed concern with pre -event setup,
conflicting in and out cross traffic, and separate use of the restaurant.
Commissioner Kerr inquired about plan for inclement weather for outdoor events, if
other tenants in the center had been notified and if they had any concerns, and
commented she is concerned with traffic ingress and. egress, the project is a good use,
and possible high decibel levels,
Commissioner Tatarian inquired if the restaurant became full time would it present a
conflict, is the courtyard at the corner of Paseo Adelanto and Del Obispo Street part of
the application, concerned with music and noise from that courtyard, where is noise
measured from, and commented the proposal is a good use, suggested adding a
condition to revisit the restaurant use, and is concerned with traffic.
Vice Chair Ratcliffe commented the restaurant and courtyard should be on the same
lease, is concerned with noise, and suggested an acoustical study.
Commissioner Neely commented he endorses the proposed use, inquired if the
restaurant is modified would that trigger and Architectural Control Modification, and
suggested staff perform an acoustical field test.
Chair Cohen inquired if parking was shared with 210 Dance, if an acoustical was
performed for Franciscan Plaza, suggested an acoustical analysis be performed similar
to Forster Mansion and the Villa, and commented he is concerned with noise, and
maybe an on-site meeting is appropriate and bring back the resolution for consent
calendar.
Adoption of Resolution
PC RESOLUTION NO. 10-5-25-1 A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVING AN
APPLICATION TO USE THE EXISTING COURTYARD FOR SPECIAL EVENTS WITH
UP TO 469 GUESTS, OUTDOOR AMPLIFIED LIVE ENTERTAINMENT, DANCING,
AND CATERED FOOD AND ALCOHOL SERVICE LOCATED IN THE (CM)
PC Minutes 4 May 25, 2010
COMMERCIAL MANUFACTURING ZONE DISTRICT AT 31910 AND 31920 DEL
OBISPO (APN 668-072-28)
It was moved by Commissioner Tatarian and seconded by Commissioner Neely to
adopt the resolution subject to adding a condition that a future restaurant be reviewed
separately and that staff conduct an acoustical noise analysis to ensure the Municipal
Code mandated 65 dBA level is maintained along Paseo Adelanto prior to issuing a
Certificate of Occupancy, seconded by Commissioner Neely. The motion was approved
6-0 by the following vote:
AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny
Kerr, Tim Neely, Bruce Tatarian and Rob Williams
NOES: none
ABSTAIN: none
2. SIGN PERMIT (SP) 10-005, SAN JUAN CAPISTRANO REGIONAL LIBRARY: a
request for approval of preliminary design plans for a proposed monument sign located
at 31495 EI Camino Real, generally located at the northwest corner of EI Camino Real
and Acjachema Street. (APN 124-190-21)(Applicant: Friends of the Library)(Project
Manager: Nick Taylor, Planning Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the applicant is
requesting approval of a freestanding monument sign at the library located on the
northwest corner of EI Camino Real and Acjachema Street. The proposed sign would
be non -illuminated, 42 inches in height, and 25 square feet in area with two options to
include:
• Option A: Brown base;
• Option B: Continuous colors;
Staff recommends approval of Option B pursuant to DRC direction. In addition, Mr.
Taylor commented that DRC member Robert Cardoza recommended the sign be at a
45 degree angle rather than 90 degree.
Planning Technician Taylor responding to Planning Commission comments stated the
letters are painted.
Public Comments
None
Planninq Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
0 Municipal Code standards;
PC Minutes 5 May 25, 2010
Location;
Height, width and area;
Colors and Materials.
Vice Chair Ratcliffe inquired how the letters will match the building and if they are
painted or recessed, and commented she likes the simplicity of the single color,
concerned with maintenance from lawn mowing hitting the sign, prefers Option A, and
has no preference on the sign angle.
Commissioner Kerr commented she likes Option A and prefers the 45 degree angle.
Commissioner Williams commented he prefers Option A with a bronze base, and likes
the 45 degree angle.
Commissioner Neely commented he prefers Option A, prefers 45 degree angle, and no
cap is necessary.
Commissioner Tatarian commented he prefers Option A with the 45 degree angle, and
is concerned with sign paint and maintenance.
Chair Cohen commented he prefers. Option A, 45 degree angle, and no cap.
Motion by Commissioner Neely to adopt Resolution 10 -05 -25 -XX approving Sign Permit
(SP) 10-005 subject to Option A, forty-five (45) degree angle, bronze base, with no cap,
seconded by Vice Chair Ratcliffe. The motion to approve passed on a vote of 6-0.
3. GRADING PLAN MODIFICATION (GPM) 10-002 AITKEN RESIDENCE; a
request to grade and construct retaining walls to create separate pads for an equestrian
barn and sports court at an existing residence located at 27906 Golden Ridge Lane.
(APN 650-581-02)(Applicant: Chuck Rathfon)(Project Manager: Nick Taylor, Planning
Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the applicant is
requesting approval of a series of retaining walls to provide buildings pads for a barn
and a sports court on property located at 27906 Golden Ridge Lane. The DRC
reviewed the application twice and Mr. Taylor summarized their comments, staff spoke
with Ilse Byrnes regarding the trail and was told the trail is heavily used, the buildings
should be set back from the trail and the plan is acceptable. Mr. Taylor reviewed the
plan stating the applicant has simplified the lower retaining wall, Star Jasmine has been
incorporated on all walls, the fence has been stepped back from the trail four feet,
however, the hard edge of the fence and length of the walls have not been modified.
Staff is recommending approval.
Planning Technician Taylor responding to Planning Commission comments stated staff
is concerned with adjacent property view, the equestrian trail slopes down providing no
PC Minutes 6 May 25 2010
view of the project, the HOA approval has not been signed yet, the proposed building
color will match the house, the applicants wants the fence to delineate the property line,
and no lighting is proposed.
Public Comments
Charles Rathfon, 28141 Villa Del Cerro, SJC the architect spoke in support commenting
the upper lot walls have been angled to blend, lots across the trail are lower than the
subject property and have no view, and other properties have buildings near the trail.
Laurie Aitken, 27906 Golden Ridge Lane, the property owner spoke in support stating
the barn is a future phase, wants a pool and sport court presently, and proposes
planting on the walls.
Planning Commissioner Questions and Comments
The Planning Commission considered issues to include but not be limited to:
• Municipal Code standards;
• Aesthetics;
• Impacts on neighboring properties;
• Landscaping;
• Wall materials and colors.
Commissioner Tatarian inquired if the improvements are visible to other properties or
the equestrian trail, and commented he concurs with the DRC recommendations and
requested HOA signed approval of the project.
Commissioner Williams inquired if the applicant had photographs, why is a fence
necessary around the property line perimeter, can the barn be reviewed separately
administratively, suggested that reducing the wall length can be a condition of approval,
and commented the project has come a long way for the better through DRC, wants the
iron fence pulled back from the property line, and staff can review the wall colors.
Commissioner Kerr commented she concurs with DRC recommendations, and the hard
edge created by the fence should be softened with landscaping.
Vice Chair Ratcliffe inquired about the cross sections on the last page of the plans, likes
the water conservative plant palette, and prefers a darker wall color.
Commissioner Neely inquired if lighting is proposed, and commented the project has
improved and the applicant has largely followed DRC direction, the Park, Recreation &
Equestrian Commissioner supports the project, he prefers darker wall colors, and if
lighting is proposed in the future it should be referred to DRC or Planning Commission.
Chair Cohen commented the applicant needs to obtain written HOA approval, prefers
darker wall color, and if future lighting is proposed return to the Planning Commission.
PC Minutes 7 May 25 2010
Adoption of Resolution
PC RESOLUTION NO. 10-5-25-2; GRADING PLAN MODIFICATION 10-02, AITKEN
RESIDENCE, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A GRADING PLAN
MODIFICATION FOR MULTIPLE RETAINING WALLS AND CREATION OF PADS
FOR BARN AND SPORTS COURT CONSTRUCTION LOCATED AT 27906 GOLDEN
RIDGE LANE (APN: 650-581-02)(CHARLES RATHFON).
It was moved by Commissioner Neely and seconded by Commissioner Ratcliffe to
adopt the resolution subject to the applicant obtaining HOA written approval,
administrative approval of darker wall color, and exterior lighting being referred back to
the Planning Commission. The motion was approved 5-1 by the following vote:
AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny
Kerr, Tim Neely, and Bruce Tatarian.
NOES: Commissioner Rob Williams.
ABSTAIN: none
H. OLD BUSINESS
NONE
I. NEW BUSINESS
NONE
J. COMMISSION / STAFF COMMENTS
Community Development Director Taylor referred to a memo identifying planning
application actions and future items by the Development Advisory Board, Design
Review Committee, Planning Commission and City Council. Mr. Taylor stated
Commissioner Neely will be making a second power point presentation on June 1St to
the City Council regarding the Aesthetics Team comments of the Caltrans I-5/Ortega
Highway Interchange Project.
Commissioner Neely inquired about the time of the Joint City Council and Planning
Commission meeting on June 3rd, and commented he would be unable to attend the
June 17th DRC and June 22nd Planning Commission meetings. .
Vice Chair Ratcliffe inquired about the status of grading activity at the San Juan Creek
Golf Club.
Commissioner Williams inquired if the DRC could also attend the joint meeting June 3rd
PC Minutes 8 May 25, 2010
Chair Cohen commented the Ruby's Restaurant remodel looks great.
Mr. Taylor responding to Planning Commissioner comments stated the Joint City
Council/Planning Commission meeting on June 3rd will begin at 3:30 p.m., the grading
at San Juan Creek Golf Club is a code enforcement violation and staff is waiting for the
owner to provide haul tickets identifying how much fill was brought on-site, and staff will
inquire if the DRC can also attend the joint meeting.
K. ADJOURNMENT
Chair Cohen adjourned the meeting at 7:50 p.m.
Approved:
-71,13
Grant Taylor,
Development Services Director