PC Minutes-2010-07-13.. PASEO AIDELANTO
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MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
® LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
Tuesday, July 13, 2010
The meeting of the Planning Commission was called to order by Chairman Cohen at 6:30
p.m., followed by the Pledge of Allegiance to the Flag.
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Commissioners Present:
Commissioners Absent
Sheldon Cohen, Chairman
Ginny Kerr
Jim Mocalis
Bruce Tatarian
Rob Williams
Gene Ratcliffe, Vice -Chair
Tim Neely
Staff Present: William Ramsey, AICP, Commission Secretary
Grant Taylor, Development Services Director
Nick Taylor, Planning Technician
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1, Minutes of May 25, 2010: It was moved and seconded to approve the minutes with
a revision to correct page 3, 2nd paragraph, line 2. The motion carried by a 4-0-1
vote with Commissioner Mocalis abstaining.
,San Juan Capistrano.- Preserving the .fast to Enhance the Future
Printed on 100% recycled paper
PC Meeting Minutes 2 July 13, 2010
1. Minutes of June 8, 2010: It was moved and seconded to approve the minutes as
submitted. The motion carried by a 5-1 vote.
1. Grading Plan Modification (GPM) 10-003, AI -Ali Residence; a request to grade and
export 1,777 cubic yards of soil and construct a 3,260 square foot, two-story
addition for the property located at 30312 Via Bella (APN: 650-392-03) (Applicant: Stan
Schrofer) (Project Manager: Nick Taylor, Planning Technician).
Staff presentation & recommendation
Nick Taylor, Planning Technician made the staff presentation and described the
project as a request for approval of plans to permit site grading and the export of
1,777 cubic yards of soil to allow the construction of a 3,260 square foot, two-story
addition and related improvements to an existing single-family detached (SFD)
residence. He noted that the Design Review Committee (DRC) had reviewed the
project and determined it to be consistent with the City's Architectural Design
Guidelines subject to several design refinements which the applicant has
completed. He also indicated that the proposed tiered retaining walls at the north
property line had been moved closer (from about 4-5' to 2-3) to the northerly
property line. Finally, he stated that both the Master HOA and the neighborhood
HOA had reviewed and approved the plans. Mr. Taylor advised that the
Development Services Department recommended that the Planning Commission
adopt a resolution conditionally approving the proposed subject to the staff -
recommended conditions of approval.
Applicant presentation
Stan Schrofer, Project Architect made the applicant's presentation and stated that
the residence adjoining the northerly property line was situated over 200 feet from
the property line. The property owner, Mr. AI -Ali has letters of support from the
adjoining neighbors. He stated that the walls were shifted in order to expand the
area of turf to accommodate playground area for the owner's children.
Commission Questions
Commissioner Tatarian stated that because the retaining walls design had changed,
the homeowners association (HOA) should be requested to review and approved
the design change. He asked staff if the retaining walls design and height were
otherwise consistent with the Title 9, Land Use Code and Mr. Taylor responded that
they did comply. Mr. Ramsey advised the Commission that as a matter of policy, the
City requires HOA approval of project plans prior to the issuance of any grading or
building permits.
Commissioner Mocalis stated that he had no concerns with the proposed project.
Commissioner Williams concurred with Commissioner Tatarian and stated that the
PC Meeting Minutes 3 July 13_,_201 0
City needs to assure the HOA has reviewed and approved the design change to the
retaining wall.
Commissioner Kerr stated that the proposed project design was acceptable.
Chairman Cohen concurred with statements and concerns expressed by the
Commissioners.
Public Hearing
Notice having been given as required by law, Chairman Cohen opened the Public
Hearing. There was no response and the public hearing was closed, and Chairman
Cohen requested a motion.
Adoption of Resolution
PC RESOLUTION NO. 10-7-13-1, GRADING PLAN MODIFICATION 10-003, AL-
ALI RESIDENCE A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A NOTICE OF
EXEMPTION AND APPROVING A GRADING PLAN MODIFICATION FOR
RETAINING WALLS AND ADDITION LOCATED AT 30312 VIA BELLA (APN:
650-392-03)(STAN SCHROFER).
It was moved by Commissioner Tatarian and seconded by Commissioner Mocalis to
adopt the resolution including a provision that prior to building permit issuance, the
applicant shall secure homeowners association (HOA) approvals of the revisions to
the retaining wall design along the northerly property line. The motion passed by a
5-0 vote as follows.-
AYES:
ollows:
AYES: Chairman Sheldon Cohen, Commissioners Ginny Kerr, Jim
Mocalis, Bruce Tatarian and Rob Williams
NOES: none
ABSTAIN: none
2. Conditional Use Permit (CUP) 10-005. Le Sr)a: a reauest to establish an 825 sauare
foot, four -room, "massage therapy" business in the "GC" (General Commercial)
Zone District with no exterior modifications or site improvements located at 32301
Camino Capistrano, Suite C-2 (APN: 668-091-06) (Applicant: Alex Jeon) (Protect Manager:
Nick Taylor, Planning Technician).
Staff presentation & recommendation
Nick Taylor, Planning Technician made the staff presentation and described the
project as a request for approval of a Conditional Use Permit (CUP) to allow the
applicant, Alex Jeon, to establish an 825 square foot, four -room, "massage therapy"
PC Meeting Minutes 4 July 13, 2010
business in the "GC" (General Commercial) Zone District with no exterior
modifications or site improvements located at 32301 Camino Capistrano, Suite C-2
in the Vons Shopping Center. He reviewed the parking compliance issue and noted
that the prior business that had occupied this suite required a minimum of 3 parking
spaces and the proposed "massage therapy" use, based on "medical/dental office"
use parking requirements would require a minimum of 3 spaces so that in terms of
the Title 9, Land Use Code, the proposed use would not create any parking issue.
Mr. Taylor advised that the Development Services Department recommended that
the Planning Commission adopt a resolution conditionally approving the proposed
subject to the staff -recommended conditions of approval.
Commission Questions
Chairman Cohen requested an explanation of the parking requirements since the
proposed use would appear, from a practical perspective, to need more than 3
parking spaces. Mr. Taylor responded that staff had discussed this issue and noted
that the City's determination had been to apply the medical/dental office parking
standard to "massage therapy" uses and so the proposed use would meet the
Code. Mr. Ramsey advised the Commission that "massage therapy" uses typically
employ contract "massage therapists" whose schedule generally vary and are never
booked 8-10 hours a day, 6-7 days per week. Rather, it's more typical that at any
given time, 1-2 treatment rooms are being used and so parking demand is less than
might be expected.
The Chairman provided the applicant with an opportunity for a presentation.
Applicant presentation
Mr. Alex Jeon, the applicant, explained the nature of the proposed business
operation and verified that it would be extremely unlikely that all four treatment
rooms would be use simultaneously. He explained that cleaning and preparing the
rooms between client sessions takes time and so scheduling needs to provide
appropriate breaks between clients. He also noted that client business tends to be
off-peak with more business after work hours and during lunch then during prime
commercial business times.
Commission Questions of the Applicant
Commissioner Kerr asked Mr. Jeon whether he had prior experience in managing a
"massage therapy" business and he responded that this was his first business and
he had made a substantial commitment to assure the success of the business. He
anticipated he would have an on-site manager -receptionist and he would visit the
business about two or three times per week. He explained that a fixed location for
the "massage therapy" business is necessary for its success due to convenience
and security. He anticipated that during his peak business times, he may use 4-5
parking spaces but the parking demand would be off-peak from the other main
commercial users in the center and so, he expressed the opinion that the center
PC Meeting Minutes 5 July 13, 2010
provided adequate parking.
Public Hearing
Notice having been given as required by law, Chairman Cohen opened the Public
Hearing.
Angela Duzich, city resident, expressed support for the proposed use and advised
the Commission that she personally knew the applicant and business operator and
vouched for their character. She expressed the opinion that parking at the Von's
center was more than adequate and that the proposed use wouldn't adversely affect
parking.
Commission Discussion
Commissioner Williams expressed support and stated he thought the use was
compatible and appropriate.
Commissioner Kerr stated that she had no problems with the project's ability to
meet City requirements.
Commissioner Mocalis concurred with the statement of the prior Commissioners.
Commissioner Tatarian stated he had no issues or concerns and felt the proposed
use would be appropriate.
Chairman Cohen stated that while he was concerned with parking, the use was not
so intensive as to result in an impact and he was satisfied that the proposed use
met the minimum Code requirements for parking.
Adoption of Resolution
PC RESOLUTION NO. 10-07-13-02, CONDITIONAL USE PERMIT (CUP)10-005,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN 825
SQUARE FOOT "MASSAGE THERAPY" BUSINESS IN THE "GC" (GENERAL
COMMERCIAL) ZONE DISTRICT LOCATED AT 32301 CAMINO CAPISTRANO,
SUITE C-2 (ASSESSORS PARCEL NUMBER 668-091-06).
It was moved by Commissioner Kerr and seconded by Commissioner Williams to
adopt a resolution conditionally approving the project subject to staff -recommend
conditions. The motion passed by a 5-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Ginny Kerr, Jim
Mocalis, Bruce Tatarian and Rob Williams
PC Meetinq Minutes 6 July 13, 2010
NOES: None
ABSTAIN: None
UNFINISHED BUSINESS
None.
r
General Plan Amendment (GPA) 10-02, Code Amendment (CA)10-01; Establishing
General Plan Policies and Title 9, Land Use Code Regulations for Hotels and
Motels (Project Manager: Grant Taylor Development Services Director).
Staff presentation & recommendation
Grant Taylor, Development Services Director made the staff presentation noting that
the proposed project had been initiated by and was a priority for the City Council.
He advised that the City was moving ahead with amendments to the General Plan
and the Title 9, Land Use Code to better accommodate hotel uses. In general
terms, the proposed amendments would:
• Increase allowable building height from 35'-0" to a maximum 45'-0" feet.
• Increase floor area ratio (FAR) from 0.40:1 to a maximum 0.65:1.
• Second/third floor to first floor ratio to be determined by the Planning
Commission.
• Parking determined by City's traffic impact analysis but in no case less than
0.85 parking stalls per guest room including employees.
Mr. Taylor recommended that the Planning Commission, following staff
presentation, accept public testimony, conduct a work session, provide comments
and direction to staff, and direct staff to notice a public hearing for the Planning
Commission meeting on August 10, 2010.
Commission Questions
Commissioner Tatarian requested that staff define "hotel" and "motel" and contrast
the two, to which Mr. Taylor responded that guest rooms in "hotels" are accessed
through a lobby and common interior hallway while guest rooms at "motels" are
accessed directly from the parking lot. Taylor noted that generally speaking, hotels
tend to be more up -scale and incorporate more design quality than motels.
Commissioner Tatarian stated the City should promote the development of only
"hotels" and references to "motels" should be removed. Commissioner Tatarian
asked if the proposed standards were based on economic and/or structural
requirements and Mr. Taylor responded that they were the result of surveys of
existing hotels conducting by the City's former Economic Development Manager.
PC Meeting Minutes 7 July 13, 2010
Commissioner Tatarian stated that the standards appeared to be modeled after the
Plaza Banderas design and Mr. Taylor responded that project was considered in
developing the proposed standards. Commissioner Tatarian stated that while the
parking provisions appeared sufficient, he asked how the 0.85 space/guest room
standard was determined. Ramsey responded that parking standards are generally
based on field surveys during typical business days/hours but not during the
December holiday season, especially for commercial uses, so that parking
standards more typically reflect a 90th percentile requirement, not an absolute peak
requirement.
Commissioner Mocalis agreed that "motels" would not be appropriate and should be
removed from the standards. He requested that staff conduct additional research of
other cities in the vicinity Code provisions regulating "hotel" uses, especially the
Cities of Dana Point and San Clemente.
Commissioner Kerr questioned the adequacy of the proposed 0.85 parking
space/guest room and stated that it needs to be supported by documentation. She
expressed the position that parking lot landscaping needed to be sufficiently
addressed in the standards.
Commissioner Williams asked if Studio 111, the City's Historic Town Center Master
Plan consultant, had been consulted in the development of the proposed standards
and Mr. Taylor responded that they had been. Commissioner Tatarian stated that
the standards need to incorporate greater design flexibility with respect to height
and that while the 3 -story limit is understandable, a maximum height of 50 feet may
be needed to assure quality architectural design and the ability to incorporate scaled
roof elements. Setback standards need to be included and related to building height
so that the taller the building, the more setback that would need to be provided.
Commissioner Williams stated that he would like to see additional hotel -specific
standards and that the City should move deliberately, prepare a "hotel standards
study", and "do it right." Grant Taylor concurred and stated that would need to be
done as quickly as possible to meet the City Council's expectations.
Commissioner Kerr concurred with the City Council direction and the proposed
changes but expressed concern that private schools would attempt to use the 45'-
0" height standard to allow "stage fly systems."
Chairman Cohen echoed Commissioner Williams comments but expressed support
for a more measured approach noting that some recent draft ordinance efforts had
been overly bureaucratic. He suggested the city focus on regulating the height of
hotels through the 3 -story limit and use the Architectural Design Guidelines and
design review process to determine actual building height. The Planning
Commission needs to have design discretion and an absolute limit of 45'-0" doesn't
provide that discretion. Chairman Cohen advised staff that the public hearing notice
for the proposed amendments needs to clearly indicate the project is use -specific
PC Meeting Minutes 8 July 13, 2010
(hotels), and not project nor site-specific. Grant Taylor, Development Services
Director fully concurred.
Commission direction
The Planning Commission directed staff to continue the worksession to the July 27
or August 10 meeting, that staff conduct a broader survey of hotel standards and
expand the range of issues to include setbacks and landscaping, that staff prepare
a hotel standards study, and report findings and options to the Commission at the
July 27 or August 10 meetings.
STAFF & COMMISSION COMMENTS
Staff briefed the Commission on the status of the public review process for the "Distrito La
Novia-San Juan Meadows" project.
Staff also briefed the Commission on the status of building permit activity at the Pacifica
San Juan project.
The Commission was advised of the Development Services Department agenda items
scheduled for the City Council July 20 meeting.
Commissioner Tatarian asked about the status of the chainlink fencing at the San Juan
Hills Golf Course and Grant Taylor responded that the issue was now closed and while the
fencing was not attractive, it did comply with current Code provisions.
Commissioner Mocalis briefed the Commission and staff on the need to conduct thorough
background investigation on properties as part of the code enforcement process.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned al
7:51 p.m. The next regular meeting is scheduled for Tuesday, July 27, 2010, at 6:30 p.m.
in the Council Chambers.
Respectfully submitted,
f, .
William A. Ramsey, AICD, Principal Planner
Planning Commission Secretaryi