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PC Minutes-2010-07-13.. PASEO AIDELANTO SAIL! JUAM CAPIISTP-A�41-, 10-,k (949) 493-1171 (949) 493-1053 FAx www. sanjuancapistrano. org 0 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. .0 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