Loading...
PC Minutes-2010-10-26dft 32400 PASEO ADEL.ANTC7 rfC� MEMBERS OF THE CITY COUNCIL SANJUAN N Rae`6PISTRANO, CA 9267 SAMALLEVATd ( 49) 493- 1 t".Cj �IA(6flFCi�APff LAURAF'REESE 3-1� (949) 49053 FAX � www.sanjuancapistrano.org �sW76n D RAER � DEREEKKRREEEEVE 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 C_Kei7I&7a � � 4:4k!111117_I 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