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JOHN TAYLOR
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
Tuesday, October 26, 2010
A. CALL TO ORDER
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.
B. PLEDGE OF ALLEGIANCE
Chair Cohen led the flag salute.
C. ROLL CALL:
Commissioners Present: Sheldon Cohen, Chair
Ginny Kerr
Jim Mocalis
Bruce Tatarian
Rob Williams
Commissioners Absent: Tim Neely
Gene Ratcliffe, Vice -Chair
Staff Present: Grant Taylor, Development Services Director
William Ramsey, Principal Planner
David Contreras, Senior Planner
Nick Taylor, Planning Technician
Christina Gomez, Administrative Specialist
D. ORAL COMMUNICATIONS
None
San Juan Capistrano: Preserving the Past to Enhance the Future
Printed on 100% recycled paper
PC Meeting Minutes 2 October 26, 2010
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1. Draft Minutes of October 12, 2010 Meeting It was moved and seconded to
approve the minutes with a revisions to correct the following: page 8, par. 4, line
6 ; page 8, par. 5, line 7; and page 14, par. 5, line 3. The motion carried by a 5-0
vote.
2. Conditional Use Permit (CUP) 10-009, Tuscany Day Spa; The Planning
Commission approved the subject project on October 12, 2010 via Resolution
#10-10-12-01. The Planning Commission directed staff to review approvals
issued for other massage therapy establishments within the City to see if hours of
operation were further limited beyond the standards identified in Title 5 of the
Municipal Code (APN: 666-241-08) (Applicant: Li Xu) (Project Manager: Nick
Taylor, Planning Technician)
Planning Commissioner Questions and Comments
Commissioner Kerr asked how late the Le Spa and Ortega Therapy Day Spa
stay open. She thought 9:00 p.m. was too late to stay open. Mr. Nick Taylor
said he wasn't certain, but thought Le Spa stayed open until 7:00 p.m. and that
Ortega Therapy Day Spa stayed open later than 7:00 p.m.
Commissioner Williams stated that he would like the hours to be 9 a.m. to 7 p.m.,
Monday - Saturday and 10 a.m. to 5 p.m. on Sundays.
Commissioner Williams made a motion to approve a revised condition of
approval providing that the hours of operation shall be limited to 9:00 a.m. to 7:00
p.m. Monday through Saturday, and 10:00 a.m. to 5:00 p.m. on Sundays,
seconded by Commissioner Kerr. The motion passed by a 5-0 vote.
Adoption of Resolution
PC RESOLUTION NO. 10-10-12-01 CONDITIONAL USE PERMIT (CUP) 10-009
TUSCANY DAY SPA A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE
PERMIT TO ALLOW AN 1,289 SQUARE FOOT "MASSAGE THERAPY"
BUSINESS IN THE "PC" (PLANNED COMMUNITY) ZONE DISTRICT WITHIN
COMPREHENSIVE DEVELOPMENT PLAN (CDP) 78-01, PLANNING SECTOR
A-1 LOCATED AT 27184 ORTEGA HIGHWAY, SUITE 103 (ASSESSORS
PARCEL NUMBER 666-241-08)
3. Appeal of the Development Services Director's Approval of Sign Permit (SP) 10-
004, Price Self Storage; On October 12, 2010 the Planning Commission upheld
the appeal and directed staff to bring back the resolution to reflect the findings on
consent calendar for the October 26, 2010 Planning Commission meeting.
(APN: 675-441-06) (Appellant: Gerald Klein) (Case Planner: Justin Kirk, Senior
Management Analysis).
PC Meeting Minutes 3 October 26, 2010
Adoption of Resolution
PC RESOLUTION NO. 10-10-12-01 APPEAL OF APPROVAL OF SIGN PERMIT
(SP) 10-004, PRICE SELF STORAGE A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO SUSTAINING
APPEAL BY GERALD KLEIN OF JERWEL ENTERPRISES OF ACTION BY
THE DEVELOPMENT SERVICES DIRECTOR, AND DISAPPROVING THE
APPLICATION OF PRICE SELF STORAGE FOR SIGN PERMIT (SP) 10-04, TO
RELOCATE AN EXISTING SIGN TO PROPERTY LOCATED AT ASSESOR'S
PARCEL NUMBER (APN: 675-441-06).
Commissioner Kerr made a motion to sustaining the appeal, second by
Commissioner Williams. The motion passed by a 5-0 vote
AYES: Chairman Cohen, Commissioner Kerr, Commissioner
Williams, Commissioner Mocalis, and Commissioner
Tatarian.
NOES: none.
ABSTAIN: none.
F. CONTINUED PUBLIC HEARINGS
None
G. NEW PUBLIC HEARING
Consideration of Modification to Condition of Approval 2.9 of Planning
Commission Resolution 10-4-13-4 for Architectural Control (AC) 09-32,
Performing Arts Education Center & Middle School (Phase 2); a request for
development of a 41,777 GSF performing arts center and an adjoining 24,116
GSF middle school building located at 31641 La Novia. The property is General
Plan -designated "5.0 -Public & Institutional" and is classified "PC" (Planned
Community) on the Official Zoning Map (APN: 666-272-04) (Applicant: St.
Margaret's Episcopal School; David Bush, Director of Finance & Operations)
(Case Planner: William Ramsey, AICP, Principal Planner)
Commissioner Kerr recused herself citing a conflict of interest stating that she
performed contract work for Ortega Equestrian Center who leases their site from
St. Margaret's Episcopal School, the applicant in this case.
Staff presentation & recommendation
William Ramsey, Principal Planner made the staff presentation advising the
Commission that St. Margaret's Episcopal School requests an amendment to the
PC Meeting Minutes 4 October 26, 2010
conditions of approval associated with Planning Commission Resolution 10-4-13-
4 by deleting condition 2.9 related to dual potable/recycled water plumbing.
Commission Questions
Chairman Cohen asked if any other projects in town would be facing the same
issue. Mr. Ramsey responded that he did not know of any projects, except for
the Plaza Banderas, which Mr. Contreras could respond to. Mr. Contreras
responded that the conditions of approval for Plaza Banderas included the
subject requirement.
Applicant Presentation
None
Public Hearing
Notice having been given as required by law, Chairman Cohen opened the
Public Hearing and closed the public hearing. No one provided public testimony.
Commission Discussion
None
Adoption of Resolution
Commissioner Tatarian made a motion to move staff's recommendations, second
by Commissioner Williams. The motion passed by a 4-0 vote (note:
Commissioner Kerr recused herself and left the chambers).
AMENDED RESOLUTION NO. 10-04-13-4 A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO
CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, AND
ARCHITECTURAL CONTROL (AC) 09-32, FOR ST. MARGARET'S
EPISCOPAL SCHOOL PERFORMING ARTS EDUCATION CENTER & MIDDLE
SCHOOL (PHASE 2)
AYES: Chairman Cohen, Commissioner Williams, Commissioner
Mocalis, and Commissioner Tatarian.
NOES: none.
2. Consideration of the Draft Open Space Master Plan (September 2010)
(Applicant: City of San Juan Capistrano) (Case Planner: William Ramsey, AICP,
Principal Planner)
Staff presentation & recommendation
William Ramsey, Principal Planner made the staff presentation advising the
Commission that the proposed project consists of a policy -based document that
PC Meetinq Minutes 5 October 26, 2010
would provide a decision-making framework for the City to manage its existing
open space resources, and provide guiding policies on the acquisition of
additional open space. Staff introduced the final working draft of the Open Space
Master Plan to the Open Space Committee at the August 2 and October 4, 2010
meetings and additional revisions and refinements have been made to the
document and are included in redline -strikeout format.
Commission Questions
Commissioner Tatarian questioned the Table 1 (page 4 of the Master Plan) and
suggested the document include an explanation of the term "Other open space
land". Mr. Ramsey responded that staff would include that revision.
Commissioner Tatarian asked if the sixth bullet item on page one had been
added to respond to current City conservation and habitat restoration efforts and
Mr. Ramsey said that was correct.
Commissioner Tatarian asked if Open Space Committee was a permanent body
and Mr. Ramsey responded that the Open Space Committee was an ad-hoc
committee and staff would revise the language to reference "Open Space
Committee (OSC) or its successor."
Commissioner Tatarian questioned why the "Native American-Juaneno Band of
Mission Indians" was cited in the document as opposed to "Native Americans".
Mr. Ramsey responded the Juanenos were the only Native American group
indigenous to San Juan Capistrano. Chairman Cohen responded that he thought
the wording should be limited. Mr. Ramsey responded that the Juanenos are
unique to the City and the area near Oso and Trabuco Creeks has been
identified by archeologists as the site of Putuidem, the mother village. Chairman
Cohen stated that the reference should be limited "Native American heritage."
Commissioner Mocalis questioned the Glendale Federal Conservation Open
Space discussion (page 18) and stated that the settlement agreement restricts
uses to "open space and hiking/riding trails." Mr. Ramsey stated that he would
revise the discussion to include reference to the agreement on use restrictions.
Public Hearing
Chairman Cohen opened the public hearing, and with no member of the public
providing testimony, closed public hearing.
Mr. Kramer stated that the Measure M money for environmental work near
Northwest Open Space was very important and that the City was committed to
maintaining this Open Space.
Commission Discussion
Commissioner Williams said the project was very well executed and was glad to
see this move forward.
PC Meeting Minutes 6 October 26, 2010
Commissioner Kerr stated that the Master Plan is a very important part of the
City efforts in securing grant funding and supported the project.
Commissioner Mocalis said the Master Plan was excellent work.
Chairman Cohen stated that Committee's are capable of accomplishing great
things and offered congratulations to all involved with this project.
Ms. Tran stated that the Commission's role was to review and comment on the
Master Plan, and forward it to the City Council with a recommendation.
None
1. Land Use Determination regarding Conditional Use Permit (CUP) 10-010,
Magic Touch Day Spa; The proposed massage therapy establishment would
be located at 27221 Ortega Highway, Unit D, which has a zoning designation of
SP (Specific Plan) 92-01, Sector A "Plaza de las Golondrinas." The Specific Plan
identifies permitted uses, conditional uses, and prohibited uses, but does not
provide provisions for regulation of unlisted uses. Such uses include "personal
services and retail uses," as well as ",medical and dental offices," (see
Attachment 1). (APN: 650-211-32) (Applicant: Jianchen Gu) (Project Manager:
Nick Taylor, Planning Technician)
Staff presentation & recommendation
Nick Taylor, Planning Technician made the staff presentation advising the
Commission that staff was seeking a recommendation to the Development
Services Director who would ultimately make the land use determination of
whether the "massage therapy" use would be allowable in the Plaza del las
Golondrinas "SP/PP" (Specific Plan/Precise Plan) area.
Commissioner Questions
Commissioner Kerr asked if the Neighborhood Commercial District permitted
"massage therapy" uses and Nick Taylor said it did not.
Applicant presentation
None
Public Hearing
Chairman Cohen opened the public hearing, and with no member of the public
providing testimony, closed public hearing.
PC Meeting Minutes 7 October 26 2010
Commission Comments
Commissioner Tatarian said that he would prefer that the City establish a master
plan for managing the number and location of "massage therapy" businesses in
the City. He expressed concerned about the number and potential proliferation
of such uses.
Commissioner Mocalis agreed with Commissioner Tatarian. However, he stated
the City move forward with the approval of the "massage therapy" use at this
location with the hours of operation to be set. He stated the Sheriffs Dept has
done a excellent job in monitoring this.
Commissioner Kerr stated that many neighboring cities are choosing not to allow
"day spas" and noted that six day spas presently operating in a City of San
Juan's size seems excessive. She said that there may be better alternative
location than the Plaza del las Golondrinas.
Commissioner Williams stated he concurred with most of the other
Commissioner's comments. He was concerned that the Commission has
reviewed three other "massage therapy" applications this year and will probably
be reviewing more because other neighboring Cities are not allowing "day spa"
operations. He stated that he would not recommend this use in this commercial
center and said the City need to spend some time studying this issue further.
Chairman Cohen said we need to look at Plaza del las Golondrinas as a
Neighborhood Commercial center and the City needs to take a step back and
look at the "big picture." The City must determine the best method to regulate
"massage therapy" uses. He stated that the Plaza del las Golondrinas was a
neighborhood center, without question.
Mr. Grant Taylor said that he was hearing that the Commission did not support
the "massage therapy" at this location and recommends the Director determine
that the use is inconsistent with the purpose and intent of the "SP/PP" (Specific
Plan/Precise Plan). Mr. Taylor said staff would need to look into a moratorium
and report back at a later date.
Commission Action
Commissioner Tatarian made a motion to recommend the Development Services
Director determine the proposed massage therapy use is not consistent with the
purpose and intent of Specific Plan 92-01 "Plaza del las Golondrinas, seconded
by Commissioner Williams. The motion passed by a 5-0 vote.
Mr. Grant Taylor said that any Amendments to the zoning code require City
Council initiation.
PC Meeting Minutes 8 October 26, 2010
2. Consideration of the Rancho Mission Viejo Riding Park Council Ad -Hoc
Committee's Recommended Land Use Allocation for the East ®pen Space,
Lemon Grove Park Improvements)(CIP No. 11202). (Applicant- City of San
Juan Capistrano) (Project Manager- David Contreras, Senior Planner)
Staff presentation & recommendation
David Contreras, Senior Planner made the staff presentation and explained the
purpose of the land use allocation exhibit . He stated that this was not an action
item and the purpose was to gather input and comments from the Planning
Commission.
Commission Questions
Commissioner Tatarian asked if there would be parking along the road. Mr.
Contreras responded there was a concept to provide a small parking lot near the
entrance to the property to be located near the county maintenance road..
Commissioner Tatarian if there would be bike trails. Mr. Contreras responded
that the project would have a class one bike trail that would extend underneath
the Ortega Bridge.
Commissioner Kerr asked if it was a bike trail or multi use trail. Mr. Contreras
responded it was an asphalt bike trail through parcel number eight and that a
second trail would be for equine which will connect to the Riding Park via the
Arizona crossing.
Commissioner Kerr asked if people could ride from San Juan Capistrano to
Casper's Park. Mr. Contreras responded that there is a planned equestrian trail
on the south side of the creek, which will connect to the trail to Casper's Park.
Commissioner Mocalis asked is staff knew how long lease was for the existing
uses. Mr. Grant Taylor said the City has two more years... however they could
be extended once the leases are up.
Commissioner Williams asked about a left hand turn on Ortega, Mr. Contreras
responded a left turn can be made in both directions in coming into the parcel.
Mr. Williams also asked if all Lemon grooves will be taken out. Mr. Contreras
responded yes. Mr. Williams asked what is the plan for "Area F and asked if it
was a buffer. Mr. Contreras said there will be three to four rows of trees of
replanting of lemon trees along Ortega Highway and along the access road. He
said they were still studying the grading of that parcel and how to balance the
grading.
Commissioner Williams asked if the dirt or the fill being used for the road was
clean fill. Mr. Contreras responded that the Utilities division does have clean soil
that was available for the park area. He said that this was being stored at the
North West Open Space (NWOS) and was brought to the Lower Rosan area.
PC Meeting Minutes 9 October 26, 2010
Commissioner Williams asked what was the designation for the corporate picnic
area. Mr. Contreras responded it was to reestablish what the ranch had in-place
before the City purchased. The Ranch used this area as a social gathering
place.
Chairman Cohen asked about the new signal at Ortega Highway and how close it
was to the entrance of the road. Mr. Contreras responded that the entrance was
signalized and the signal loops were operational. Chairman Cohen asked about
the staging area and Mr. Contreras responded that it would accommodate both
equestrian trailers and multi -use trail users and would also provide an equestrian
picnic area. Chairman Cohen asked if the proposed parking lot would
accommodate both horse trailers and cars. Mr. Contreras responded that it
would accommodate parking for park users and the planned corporate picnic
area.
Commissioner Kerr said the Parks, Recreation & Equestrian Commission had
expressed the opinion that the proposed trail staging area was too small an area.
She said that if the staging area was large enough and designed to
accommodate horse trailers, it would work well.
Chairman Cohen asked if the picnic area was for social events and Mr. Contreras
responded that it could be leased out for social events but the City hasn't yet
defined what the permitted uses would be,
Mr. Contreras stated that once the uses are defined then they can figure out the
parking needs. Commissioner Kerr asked if the Ramos house and barn could be
rehabbed, she noted that it would be good place for corporate events.
Mr. Grant Taylor stated that the lease agreement with the Oaks would be
extended by the City Council.
3. Consideration of the Open Space Committee (OSC) Planning
Subcommittee Recommended Land Use Allocation Plan for the Northwest
Open Space, Phase 2 Park Improvements; (Applicant: City of San Juan
Capistrano) (Case Planner- William Ramsey, AICD, Principal Planner)
Staff presentation & recommendation
William Ramsey, Principal Planner made the staff presentation advising the
Commission that the proposed project consists of a conceptual land use
allocation plan for Phase 2 of the Northwest Open Space. He described the
planning sub -areas and the uses envisioned within those areas.
Commission Questions
Commissioner Tatarian asked if the equestrian area had two access points and
Mr. Ramsey responded that two access points are proposed and necessary
because two sub -areas have a significant grade difference.
PC Meeting Minutes 10 October 26 2010
Commissioner Kerr said that horses have the ability to adjust to noise from busy
roads if they have a buffer zone.
Chairman Cohen asked if multi -use walking trails will be integrated into the
Phase 2 and Mr. Ramsey responded that there are existing multi -use trails that
will be extended throughout the site.
Commissioner Kerr asked if there were one or two wells on the equestrian
property and Mr. Ramsey responded there were two well locations to his
knowledge.
Commissioner Kerr said that the site offers the opportunity for an equine
veterinary facility that could teach students about the treatment and study of
horses. He also asked if there was a historic basis for the particular area for the
Native American. Mr. Ramsey said that area would protected and isolated from
general public accessibility.
Commissioner Mocalis stated that in the late 1970'x, the Buchheims wanted to
develop their property where the J. Serra High School sports fields are now
located, and at that time, Juaneno representative indicated the southeast corner
of Camino Capistrano and Junipero Serra was the central area of their ancient
village (i.e. Putuidem). He asked if it would be possible to provide the
Commission with a sketch as to the location of prehistoric Native American
inhabitation. Mr. Ramsey said the information is protected from public disclosure
and can only be reviewed by and provided to professional archeologists.
Commissioner Williams asked what types of uses are planned or envisioned for
the active recreation -community gathering area. Mr. Ramsey said there could be
soccer fields, softball fields and those could be designed as an overlay so that
the area could also accommodate large-scale community events (e.g. story-
telling, plays, music, etc.).
Chairman Cohen asked if the needs assessment that Community Services had
prepared had been updated. Mr. Ramsey said the survey was done about four
years old and had not been updated since then.
Chairman Cohen asked about parking and traffic. Mr. Ramsey stated that the
City would want to develop limited areas of permanent parking with the ability to
expand parking capacity on a temporary basis to host special events.
Commissioner Kerr said that everything needs to be reviewed. She said sports
fields next to equestrian staging areas would probably not work because horses
are not compatible with kids running around and soccer balls flying in the air.
Chairman Cohen said that passive use was better than active use especially in
the North West Open Space (NWOS). He said it was time for the City to update
PC Meeting Minutes 11 October 26 2010
the recreation needs assessment for our Park and Recreation and then get
feedback and to see what is important to the active area.
Commissioner Williams asked if the existing soccer fields on the Schuller
property would be displaced by the CLC project. Mr. Ramsey said that within the
CLC site would be displaced but 3 to 4 soccer fields could be accommodated on
the 20 -acre open space along Oso Creek near the main entrance.
Commissioner Williams said he was more inclined to see passive use on this
parcel. He said we need to reevaluate the passiveness of this entire area and
need to look at the land we have throughout the City. He said he wouldn't
support extensive parking that would take up the open space area.
Mr. Kramer said he supported Phase 1A and is pushing to get the improvements
completed which will add the parking and provide public access to the area. He
said that he was also interested in keeping the area along Trabuco Creek as
natural as possible. Mr. Ramsey said that staff's view of the Phase 2 open space
is completely consistent with that of the City Council and Planning Commission,
in keeping the area as passive as possible reflecting the City's equestrian and
ranching orientation as much as possible.
Bill Ramsey said the Open Space Foundation has proposed a trail staging area
which could be used for equestrian staging. Commissioner Kerr asked whether
the area encompassed the 2 acres that had been requested and Mr. Ramsey
said yes.
Chairman Cohen said these comments reflect the Planning Commission's
thoughts and perspectives about this project.
Mr. Ramsey updated the Commission on the Distrito project advising them it was
scheduled for the City Council on November 2, 2010. He noted that at the October 7,
2010 meeting, City Council had provided direction to scale back the project.
Commissioner Kerr asked what staff thought the public's reaction would be to the
project if City Council approves the modified project. Mr. Ramsey stated that the City
Council has worked hard to address the concerns raised by residents and the proposed
changes address the major issues raised during the public hearing process.
Mr. Taylor reminded the Commissioners that the Historic Town Center Master Plan
meeting is scheduled for 3:00 PM on next Tuesday November 2, 2010. Commissioner
Tatarian stated that the City Council did a terrific job on the Distrito La Novia project and
had really worked at it.
Chairman Cohen stated City Council did an excellent job on this project and also
commended staff for the job they did.
PC Meetinq Minutes 12 October 26, 2010
K. ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
8:25 p.m. The next regular meeting is scheduled for Tuesday, November 9, 2010, at
6:30 p.m. in the Council Chambers.
Respectfully submitted,
William Ramsey, AICP, Principal Plan er
Planning Commission Secretary