PC Minutes-2010-08-1032400 PASEO .., R r.
(949) 493-1171c
493-1053 FAx
www.sanjuancapistrano.org
CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
Tuesday, August 10, 2010
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURAFREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
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.
ROLL CALL:
Commissioners Present
Commissioners Absent
Sheldon Cohen, Chairman
Gene Ratcliffe, Vice -Chair
Ginny Kerr
Jim Mocalis
Tim Neely
Bruce Tatarian
Rob Williams
r,0
Staff Present: William Ramsey, AICP, Principal Planner
Grant Taylor, Development Services Director
David Contreras, Senior Planner
Justin Kirk, Associate Planner
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
Minutes of July 27, 2010: The Commission approved the subject minutes with revision to
pg. 4, par. 3, line 6 to read "not precisely" by a 6-0-1 vote (Neely abstained).
Printed on 100% recycled paper
PC Meeting Minutes 2 Auqust 10, 2010
PUBLIC HEARINGS
1. Conditional Use Permit (CUP) 09-13, T -Mobile Cell Site on City Property; a request to
develop and maintain a wireless telecommunications facility located at 29932 Camino
Capistrano and more specifically referred to as (APN 650-023-09). (Applicant: T -Mobile,
Robert Howell Representative) (Project Manager: Justin Kirk, Associate Planner)
Staff presentation & recommendation
Justin Kirk, Associate Planner made the staff presentation and advised that the applicant's
redesigned wireless facility is 58'-3" faux water tank that screens twelve paddle style
antennas and six pieces of ground mounted equipment beneath the structure that are
enclosed by an 8'-0" tall wrought iron fence. The proposed design facility has the ability to
collocate another carrier in the future, without any modification to the water tank. The project
is located at 29932 Camino Capistrano and more specifically referred to as Assessor Parcel
Number (APN) 650-023-09. The property is situated between Camino Capistrano and
Interstate -5. Mr. Kirk recommended that the Planning Commission adopt a resolution
conditional approving the proposed project.
Commission Questions
Commissioner Williams asked about the Design Review Committee's review of the
proposed project and Mr. Kirk provided a brief summary of prior DRC review.
Commissioner Kerr asked about the maximum height of the proposed faux water tank and
Mr. Kirk responded the maximum height would be 53'-3".
Chairman Cohen asked about the status of the City's co -location policy and Mr. Kirk replied
that while the City has an informal policy of promoting co -location to reduce cell tower
proliferation, there is no formal written policy.
Applicant Presentation
Dean Brown, planning consultant representing the applicant, stated that the proposed faux
water tank had been designed in response to City Council direction and was Council's
preferred approach to screening the antenna. Mr. Brown questioned condition of approval
#17 requiring landscaping and requested that the cost of landscape improvements be
capped at $10,000.
Public Hearing
Chairman Cohen opened the public hearing, no one came forward to provide public
testimony, and Chairman Cohen closed the haaring.
Commission Discussion
Commissioner Williams stated that the proposed design should be referred back to Design
Review Committee since they had not reviewed the proposed faux water tank design. He
PC Meetina Minutes 3 Auaust 10, 2010
noted that $10,000 was not a significant amount with respect to landscaping and actual
costs would likely be substantially greater.
Commissioner Kerr asked if the proposed tank could accommodate any other cell carriers
and Mr. Brown replied that one additional carrier's antenna could be accommodated.
Commissioner Tatarian stated that the proposed tank would be screened by 15 gallon trees
and asked how long would it be before the trees were mature enough to provide screening.
Mr. Brown responded it would take at least 5 to 8 years for the trees to attain a height to
provide effective screening.
Commissioner Williams stated that it would be difficult for him to support or recommend
Commission approval of the landscape plan without the benefit of having the Design Review
Committee review that plan.
Commissioner Kerr stated the applicant had done a "good job" overall on the design and
massing of the proposed faux water tower. However, the structure needs to "disappear" into
the grove of eucalyptus trees. She stated that the project applicant needs to prepare and
submit a landscape plan for City review and approval.
Commissioner Ratcliffe agreed that DRC review of the project, especially the building
materials and the landscaping would be appropriate prior to Planning Commission review
and action. She stated that the use of wrought -iron would be too "slick" and not compatible
with the project design. The removal of trees should be deferred as long as possible and the
landscape plan should seek to save as many trees as possible.
Commissioner Mocalis stated that he was in agreement with the comments and sentiments
expressed by his fellow Commissioners.
Commissioner Neely stated that he agreed that the project design details need to be
reviewed by the DRC and he also agreed with his fellow Commissioners.
Commissioner Tatarian stated he could not presently support the proposed project because
it's a case of "putting the cart before the horse." The City needs to develop a City-wide
cellular site master plan to guide decisions on the location and design of cell sites.
Chairman Cohen stated that he agreed with the comments and sentiments expressed by his
fellow Commissioners and would support the City instituting a moratorium on the approval of
cell site Conditional Use Permits until a cell site master plan had been adopted. He posed
the rhetorical question of how many faux water towers can the City accommodate before
they become a cliche. The city has continued to approve cell sites but has no overall plan.
Commissioner Mocalis asked staff about the status of a cell site master plan and Mr. Taylor
responded that such a plan was part of the City's Long Term Vision Plan but was not a top
priority. Mr. Ramsey stated that along with that tactic, the City Council has also established a
"fiscal sustainability" tactic which calls for the City to use public lands for revenue -generating
uses. The proposed project is consistent with that City Councitadopted tactic.
PC Meetina Minutes 4 Auqust 10, 2010
Commissioner Neely noted that the City Council has provided direction on the proposed
project and that the Planning Commission needs to be deferential to that direction.
Commissioner Tatarian reiterated the need for the City to establish a cell master plan.
Commissioner Mocalis asked if the City Council addressed the issue of a lack of landscape
plans and Mr. Taylor responded that Council did not.
Commissioner Neely made a motion for conditional approval of the project subject to follow-
up review of materials and landscape plans by the Design Review Committee (DRC). The
motion died for lack of a second.
Commissioner Williams stated that before the Planning Commission can take any action, the
Design Review Committee (DRC) needs to review the proposed faux water tank and
landscape plan. Mr. Williams made a motion, seconded by Commissioner Ratcliffe, to
continue consideration of the proposed project pending Design Review Committee review of
the project design and landscaping.
Commissioner Tatarian asked whether the cell site master plan could move forward and Mr.
Taylor responded that would be at City Council's discretion.
Commissioner Ratcliffe stated that the motion makes sense since the findings for approving
the Conditional Use Permit (CUP) would require a Design Review Committee review and
recommendation on the design elements.
The motion passed by a 4-3 vote (Cohen, Neely, Tatarian opposed). Mr. Neely clarified that
his opposition was to the process and specifically, referral of the project design to the Design
Review Committee, not to the project designitself which had been previously reviewed by
the City Council and forwarded to the Planning Commission for review and action,
2. Architectural Control (AC)10-019 Sun Dried Tomato; a request for a proposed modification
to an existing lower level courtyard and the addition of 597 sf. of outside dining area located
at 31781 Camino Capistrano, generally located adjacent to the intersection of Verdugo and
Camino Capistrano (APN 121-150-27) (Applicant: Tim Algier) (Project Manager: Justin Kirk,
Associate Planner).
Staff presentation & recommendation
Justin Kirk, Associate Planner made the staff presentation and advised that be proposed
project consists of the following elements:
• Demolition of one planter located at the lower level and the modification of an existing
fountain to a planter area.
• Demolition of a commercial exhibit box to be replaced with a wall mounted fountain.
• Addition of 597 sf. of outdoor dining space located at the lower level, which is not
contiguous to the primary dinning and service area of the existing restaurant, enclosed
by a wrought iron perimeterfence, consistent with the existing wrought iron located in the
center.
• Remodel of an existing stairway that consists of the demolition of a42" high wall to be
PC Meetina Minutes 5 Auaust 10. 2010
replaced with wrought iron, consistent with the existing wrought iron located in the
center.
Mr. Kirk recommended that the Planning Commission cpen the public hearing receive
public testimony, close the public hearing and, by motion, adopt a resolution approving
the proposed project.
Applicant Presentation
Rob Quest stated that Sun Dried Tomato operates restaurants in San Clemente and Laguna
Beach and is excited about the prospect of improving service at this location. The recent
opening of the Celebrity Theatre has increased foot traffic through the Plaza and the
restaurant dining expansion will add needed capacity and vitality to serve patrons. The
replacement of the stucco walls with wrought -iron will also open the lower plaza level to
views.
Commission Questions
Commissioner Tatarian asked if having dining on two levels would be problematic for the
restaurant and the applicant responded that the arrangement is not uncommon and will be
easily accommodated by minor operational changes based on experience.
Public Hearing
Mr. John Fisher, owner of Ruby's Restaurant, stated that he had used the lower level of the
plaza on an interim basis while the upper level patio was closed for remodeling and the
arrangement worked fine for the restaurant, diners, and plaza patrons. With the recent
opening of the theatre, restaurant business is up 40% and with the proposed changes the
overall economic viability of Franciscan Plaza will be further enhanced. He expressed
support for the project and asked the commission to approve the proposal.
Liz Hammond stated she was considering opening a boutique on the lower level and the
proposed addition of outdoor restaurant dining would add to the patron traffic and would
enhance the attractiveness of the commercial space.
Buddy Landa, owner of the Frio Yogurt shop adjoining the Celebrity Theatre, stated that from
his business experience, the proposal could only result in positive economic impacts to the
plaza and he recommended the Commission approve the project.
David Belardes reminded the staff and Commission that the Valenzuela Adobe, now
occupied by Sun Dried Tomato, was situated over cultural artifacts and that any subsurface
work in the lower level needed to protect those artifacts. He also stated that the replacement
Historic Depiction Program (HDP) for the Plaza needs to be completed.
With no other speakers to provide testimony, Chairman Cohen closed the hearing.
Commission Discussion
Commissioner Tatarian stated the proposal was a "great project."
Commissioner Neely stated that if the replacement of the "safety" wall with wrought -iron was
intended to open visual access to the lower level, then the applicant should also consider
PC Meeting Minutes 6 August 10, 2010
replacing the wall on the north (escalator) side with wrought -iron. By doing so, the final
design would appear more integrated to the overall project as opposed to an afterthought.
Commissioner Mocalis agreed with Mr. Neely's proposal to replace the wall adjoining the
escalator with wrought -iron.
Commissioner Ratcliffe stated that the proposed design details are fine and the planned
operation of the outdoor dining appears feasible.
Commissioner Kerr expressed support for the proposed project stating that it would needed
economic vitality to the Franciscan Plaza.
Commissioner Williams said the proposal was a "great project" that would result in excellent
design changes to the plaza and agreed with Mr. Neely's proposed design change.
Chairman Cohen expressed his agreement with the other Commissioners that the proposed
project would be an excellent addition and add to the plaza's vitality. He asked staff to check
the status of the Historic Depiction Program (HDP) and Mr. Ramsey stated he would follow
up and report back to the Commission.
Commissioner Neely stated that completing the HDP should be part of the current approval
if it has not been previously completed.
Adoption of Resolution
PC RESOLUTION NO. 10-8-10-1, ARCHITECTURAL CONTROL (AC) 10-019, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN
CAPISTRANO APPROVING AN ADDITION OF 597 SF. OF OUTSIDE DINING
AREA LOCATED AT 31781 CAMINO CAPISTRANO GENERALLY LOCATED
ADJACENT TO THE INTERSECTION OF VERDUGO AND CAMINO
CAPISTRANO (APN 121-150-27).
It was moved by Commissioner Mocalis and seconded by Commissioner Kerr to adopt a
resolution approving the proposed project with the additional condition that the applicant may
replace the wall adjoining the escalator (north side) along the edge of the stairway well with
wrought -iron to match the proposed wrought -iron along the south edge of the well. The
motion passed by a 7-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny
Kerr, Jim Mocalis, Tim Neely, Bruce Tatarian and Rob Williams
NOES: None
ABSTAIN: None
UNFINISHED BUSINESS
None.
PC Meetina Minutes 7 Auaust 10. 2010
NEW BUSINESS
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, Plaza Banderas Hotel; a proposed mixed-use development that
encompasses a 74,973 square foot, 124 -room hotel, approximately 14,500 square feet of
commercial land uses, including 6,509 square feet of retail commercial floor area, a 5,747
square foot restaurant, and a 1,971 square foot private office 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 (Assessor Parcel Number 124-170-
12,14,15,16)(Applicant: Stroscher G3, Gretchen Stroscher Thomson) (Pro iect Manager:
David Contreras. Senior Planner).
Staff presentation & recommendation
David Contreras, Senior Planner made the staff presentation and advised that the proposed
project consists of a proposed mixed use development that encompasses a 74,973 square
foot, 124 -room hotel, approximately 14,500 square feet of commercial land uses, including
6,509 square feet of retail commercial floor area, a 5,747 square foot restaurant, and a
1,971 square foot private office. Primary access to the site is from Ortega Highway along
the property's southern boundary. The main access into the project site will be from Ortega
Highway, in addition a driveway is proposed on EI Camino Real and on Spring Street. A
total of 185 parking spaces are proposed to accommodate guests of the hotel as well as the
retail, office, and restaurant uses. The project site consists of 3.18 acres (138,521 SF). Mr.
Contreras recommended that following staff and applicant presentations and public
comments, that the Planning Commission conduct a worksession review and provide
comments and direction to staff and the applicant and by motion, continue consideration of
the proposed project to the Planning Commission's regularly scheduled August 24, 2010
public hearing.
Chairman Cohen questioned how much parking would be required if the City applied the
proposed parking standard from the hotel General Plan Amendment (GPA) and Rezone
(RZ) project to the proposed project. Mr. Taylor responded that staff would need to calculate
that parking requirement.
Applicant presentation
Tom Merrell, Civic Solutions, made the applicant presentation and reviewed the design
changes that had been made to the project. He stressed that the shared parking study,
completed by a professional traffic engineer, demonstrates that the proposed 185 parking
spaces would be sufficient to adequately parkthe hotel.
Commission Discussion
Commissioner Tatarian questioned the view simulation from the Ortega Highway -Del Obispo
Street intersection and questioned why parked cars on the hotel site weren't visible. Mr.
Merrell replied that the parking would be slightly below grade and largely obstruct views of
the parking.
PC Meeting Minutes 8 August 10 2010
Commissioner Neely noted that, having been out of town for several weeks, he had not been
able to follow the progress in design changes. The proposed architectural plans and
elevations are "good" in responding to the subcommittee direction, but don't go nearly far
enough. The I-5/Ortega Highway view simulation shows a portion of the view impact but
should show the view from the SB off -ramp where the landscaping will be removed to show
the impact of Caltrans proposed work. The proposed landscape plans are "under -whelming"
and need additional work. The architectural character sketch of the plaza area at the
intersection of Ortega Highway/EI Camino Real is taken from an elevated viewpoint and so,
does not accurately depict the view. Neely stated he was of the impression that one-story
buildings would dominate the intersection corner of the project; however, the project
proposes one and two-story structures. He expressed disappointment with the overall
architectural design indicating the project appeared to have been "designed by committee."
The proposed color palette is too light. He stated he would be glad to meet with the project
architect to provide guidance but at this time, was not comfortable with the architectural
details.
Commissioner Mocalis stated he was not yet satisfied that the project had adequately
addressed the view impact to San Juan Elementary School.
Commissioner Ratcliffe said that the tower element on the proposed commercial building
was rather massive and would dominate views along State Route -74 (Ortega Highway). She
stated that the over -use of stone veneer was contrived, would visually compete with the
"Stone Church" ruins but shouldn't, and needs to be reconsidered. As an example of the
limited, appropriate use of stone building material, she cited the Mission Purisima Mission (
Prelado de los Tesoros de la Purisima) in Lompoc. Ms. Ratcliffe advised that the
landscaping along the Ortega Highway and 1-5 edges of the project needed to be
supplemented to provide adequate buffering and the extensive use of palm trees was not
appropriate. If palm trees are retained in the landscape design, they need to retain their
"skirts" (dead palm fronds that typically hang below new palm growth) to convey a more
natural and traditional appearance.
Commissioner Kerr agreed with Commissioner Mocalis that the proposed design did not
sufficiently address view impacts to the San Juan Elementary School. The design of the
north and east building elevations has a distinctly unfinished appearance which requires
attention. The height of the proposed stone veneer appears awkward and needs to be
reconsidered.
Commissioner Williams took issue with View Simulation 3 which indicates that the proposed
project would be completely visually screened from views within the Mission forecourt area.
Mr. Merrell responded that the view is taken from the fountain area and that the consultant
who prepared the view simulations to staff had prepared and submitted a validation study to
demonstrate the accuracy of the view. He expressed concern with the design of the
architectural details and questioned whether the expedited process had provided adequate
time for the Design Review Committee (DRC) to resolve design issues. Mr. Williams stated
that the architectural details had to be reviewed by the DRC and that the overall
development review process on this project was moving entirely too fast. He expressed the
opinion that the proposed parking is an issue (insufficient number). Finally, he stated that a
PC Meeting Minutes 9 August 10, 2010
fast-track review on a project of this scale and at such a significant location in the City was a
mistake.
Chairman Cohen expressed concern with the view of the project from the southwest corner
of State Route -74 (Ortega Highway) -EI Camino Real. The architectural design does not
have a "wow factor." He expressed the opinion that the architecture was not of a suitably
high quality and appeared comparable to an "Extended Stay America." Mr. Cohen stated
that the DRC would provide solid guidance on refining the project design and creating a
project that would be an asset. He agreed with Commissioner Williams that the City is
moving entirely too fast and shouldn't rush the review of the proposed project. Mr. Cohen
stated that he wants to see a "great project" but the proposed architectural design is not
there yet. Commissioner Williams replied that the Commission needs to refer the project to
the DRC.
Commissioner Tatarian stated that urgency is a "good thing" with respect to processing the
project, but the City cannot miss any "box -checking." All issues need to be identified and
addressed.
Commissioner Neely stated that the Commission needs to be deferential to the City Council
direction and he would be glad to meet one-on-one with the applicant and project architect to
resolve remaining design issues. It's important that the Commission do all it canto keep the
proposed project on schedule. Commissioner Williams agreed that if the DRC review of
architectural details can be accomplished, then the project can move forward consistent with
the City Council -mandated schedule.
Commissioner Kerr stated that she did not want to see a repeat of the Marshall's Center
monument sign project with the proposed hotel project. The architecture and details need to
be completely resolved before approval.
Commissioner Ratcliffe stated further DRC review of the project would be beneficial.
Mr. Taylor again advised the Commission that the proposed project was scheduled for
review and action by the City Council at their October 5 meeting. He stated he would
agendize the project for an additional Design Review Committee review on August 19, 2010.
However, the Commission should be prepared to make a recommendation on the project at
the August 24 meeting, and will absolutely need to move the project forward to City Council
by the September 14, 2010 meeting.
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Mr. Ramsey briefed the Commission on the status of the Northwest Open Space, Phase 2,
Land Use Allocation Plan and that the plan was scheduled for Commission review on
September 14.
Mr. Ramsey updated the Commission on the status of the City's open space -related grant
efforts and advised that the City has previously applied for $16.6 million in grant funds with a
required City match totaling $100,000.
PC Meeting Minutes 10 August 10, 2010
Mr. Ramsey updated the Commission on the City Council's review of the proposed "Distrito
La Novia-San Juan Meadows" project.
Mr. Taylor briefed the Commission on the statusof several pending development projects
that the Commission would be reviewing in the future including the Tuttle -Click Ford
Dealership project, Chrysler Dealership project, and the Marriott Hotel project.
Commissioner Ratcliffe advised the commission that the Housing Advisory Committee had
completed its review of the Groves Affordable Housing project which would be coming to the
Commission in the near future.
Chairman Cohen advised his fellow Commissioners that he was honored to serve with a
group of individuals (the Commission) that was not afraid to speak its mind with the interest
of the community at heart.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:41 p.m.
The next regular meeting is scheduled for Tuesday, August 24, 2010, at 6:30 p.m. in the Council
Chambers.
Approved on August 24, 2010:
William A. Ramsey, AICP, Principal
Planning Commission Secretary f