PC Minutes-2010-11-09,, _
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CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
November 9, 2010
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
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
none
Staff Present: William Ramsey, AICP, Principal Planner
Grant Taylor, Development Services Director
Tram Tran, Deputy City Attorney
Nick Taylor, Associate Planner
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
Minutes of October 26, 2010: The Commission approved the draft October 26, 2010 Meeting
Minutes with revisions by a 5-0-2 vote.
PUBLIC HEARINGS
Conditional Use Permit (CUP) 10-008, Capistrano Academy of Dance a request to establish
an 2,683 square foot dance studio in the "PC" (Planned Community) Zone District with no
exterior modifications located at 31734 Rancho Vieio Road (Assessor Parcel Number 666-
261-04) (Applicant: Elizabeth Kinney) (Prosect Manager: Nick Taylor Associate Planner).
Printed on 100% recycled paper
PC_Meetinq Minutes 2 November 9, 2010
Staff presentation & recommendation
Nick Taylor, Associate Planner made the staff presentation and stated that the applicant
requests for Planning Commission approval of a Conditional Use Permit to establish
Municipal Code compliance for an -existing 2,683 square foot dance studio located at 31734
Rancho Viejo Road, and more specifically referred to as APN: 666-261-04. He noted that the
applicant had moved to this location and began operation without knowledge of the
Conditional Use Permit requirement and that the prior business location allowed the use.
The proposed dance studio offers various dance classes for groups of 10 students or less.
Staff recommended that the Planning Commission conditionally approve the proposed
project.
Commission Questions
Chairman Cohen asked if the St. Margaret's Episcopal School Master Plan would impact
parking and create potential parking issues for the proposed use. Mr. Ramsey replied that
while St. Margaret's Episcopal School has a shared parking agreement with the Ortega
Business Center, the school has developed dedicated parking on three development pads
so that the build -out development of the center is much less than originally planned and the
available parking is much greater than originally proposed.
The applicant explained the management approach of the business and noted that classes
are rarely conducted simultaneously and kept to no more than 10 students. While some
parents stay to watch the dance classes, many parents drop off their children and so, create
no additional demand for parking.
Commissioner Williams stated that given the current economic conditions, it was not likely
the dance studio would operate at full capacity for some period of time.
Public Comment
Chairman Cohen opened the floor for public comment.
Stephanie Johnson spoke and advised the Commission that she has a child enrolled and
has never experienced an issue with finding available convenient parking.
Commission Discussion
Commissioner Williams stated that while he had a general concern with the parking situation
in the Ortega Business Center, he saw no issue with the dance studio and thought the use
could be accommodated.
Commissioner Kerr stated that moving the hip-hop classes to the room farthest from the
chiropractic office was a "great" solution. She stated that parking would need to be managed
so as not to become a problem.
Commissioner Ratcliffe stated she agrees with the planned class schedule and noted that
the business manager of the Ortega Business Center should be primarily responsible for
managing noise issues between tenants.
Commissioner Mocalis stated that he agreed with staff's analysis and supported the staff
recommendation.
PC Meeting Minutes 3 November 9, 2010
Commissioner Neely stated he was satisfied with the applicant's explanation and thought
that parking would not be an issue. He stated the City needs to refrain from interfering in
tenant -landlord issues. The parking demand issue reflects the fact that the Ortega Business
Center is an increasingly vibrant commercial area which is one of the City's objectives for
this area.
Commissioner Tatarian stated that he saw no need to stagger class starting times and
asked if would make sense to provide remote employee parking to reduce the demand
which seems to be concentrated in the southwest corner of the Ortega Business Center. He
agreed that the hip-hop classes should be relocated.
Chairman Cohen stated that the use beneficial and necessary to the center and community
and that he could not see the need to stagger class starting times. The dance studio needs
to work with neighboring tenants to assure is does not affect those businesses.
Adoption of Resolution
PC RESOLUTION NO. 10-11-9-1, A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SAN JUAN CAPISTRANO APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A 2,683 SQUARE FOOT DANCE STUDIO IN THE "PC" (PLANNED
COMMUNITY) ZONE DISTRICT WITHIN COMPREHENSIVE DEVELOPMENT PLAN
(CDP) 78-01, PLANNING SECTOR A-2, SUBSECTOR 3, LOCATED AT 31734 RANCHO
VIEJO ROAD, (ASSESSORS PARCEL NUMBER 666-261-04)
It was moved by Commissioner Williams and seconded by Commissioner Kerr to adopt a
resolution conditionally approving the proposed project, with the deletion of draft condition
#2 regarding staggering of class start times. 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
NEW BUSINESS
Sian Permit (SP) 10-021. Center for Spiritual Livina: a reauest for approval of portable A -
frame sign 32261 Camino Capistrano, Suite D-105 generally located on the west side of
Camino Capistrano, approximately 1000 feet south of Del Obispo Street (APN 668-091-03)
(Aoolicant: Reverend Dr. Heather Dawn Clark)(Case Planner: Nick Tavlor, Associate
Planner).
Staff presentation & recommendation
Nick Taylor, Associate Planner presented the project noting that the Center for Spiritual
Living was requesting approval of a sign permit to allow the use of a portable, A -frame, resin
sign 2'-0" wide by 2-8" tall, white with blue and black lettering. He advised that he had
received an e-mail from Sycamore Chiropractic asking that tap dancing, hip-hop and similar
PC Meeting Minutes 4 November 9. 2010
classes be conducted as far from the common wall as possible. Staff recommended that the
Planning Commission conditionally approve the proposed project.
Commission Questions
Commissioner Williams questioned whether off-site signage is allowed by the Code and
Taylor responded that the Code gives the Director the authority to approve such signage.
Commissioner Mocalis questioned the proposed size of the portable sign and Mr. Taylor
responded that the Code specifies that sign area is measured to include the text and
graphics area, not the overall sign dimension. The sign meets the Code standard.
Commissioner Tatarian questioned the hours and frequency of use of the sign and stated
that he could understand that it may be needed for special events but regular parishioners
should now were the church is located and how to get there.
Chairman Cohen questioned whether the project met the Code's standard that such signs
be used within "50 foot of tenant main entrance." Mr. Taylor responded that the Planning
Director may approve sign permits for portable sign within 50 feet of the tenant main
entrance, while signs more than 50 feet from the main entrance require Planning
Commission approval.
Applicant Presentation
Francie Kennedy, a church member and representative, stated that the church would only
display the sign along Camino Capistrano during services on Sundays and during special
events but would not display the sign daily. The sign would be displayed at 9:00 am and
removed by 1:00 pm on Sundays.
Public Comment
There was no public comment on the application.
Commission Discussion
Chairman Cohen asked Ms. Kennedy about the size of the congregation and she responded
the church had about 300 total parishioners.
Commissioner Tatarian expressed concern about the precedent of allowing a portable sign
along the Camino Capistrano commercial corridor.
Commissioner Neely stated that the Code provision appears to be a "loophole" that needs to
be closed and expressed the opinion that the intent of the Code was not to allow off-site
signage. However, he noted the proposed use is fundamentally different from commercial
users and more temporary in nature. He stated he would support the proposal due to its
temporary nature.
Commissioner Mocalis stated he concurred with Commissioner Neely's analysis and that the
temporary/limited use of the sign could be memorialized in the resolution's conditions of
approval.
PC Meeting Minutes 5 November 9, 2010
Commissioner Ratcliffe stated that she concurred with Commissioners Neely and Mocalis.
Commissioner Kerr stated that if the sign were limited to church services, she could support
the proposal.
Commissioner Williams stated that the current Code provisions are a concern that need to
be reviewed. He agreed with Commissioner Tatarian that the project sets a potentially
dangerous precedent and that he could not support the project.
Chairman Cohen stated he shared the precedent -setting concern raised by Commissioner
Williams and Tatarian noting that the sign would not be needed for regular parishioners. He
stated he was concerned about the next applicant for a portable sign permit and that he
could not support the proposal.
Adoption of Resolution
PC RESOLUTION NO. 10-11-9-2, A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN JUAN CAPISTRANO APPROVING A PORTABLE SIGN FOR THE
CENTER FOR SPIRITUAL LIVING LOCATED AT 32261 CAMINO CAPISTRANO (APN
668-091-03).
It was moved by Commissioner Neely and seconded by Commissioner Mocalis to adopt a
resolution conditionally approving with the an additional condition limiting the hours of use of
the portable sign to church services and events and that the resolution include a finding
specifying that the intent of Sign Code provision is inherently temporary in nature.
The motion passed by a 4-3 vote.
AYES: Commissioners Gene Ratcliffe, Ginny Kerr, Jim Mocalis, and Tim
Neely.
NOES: Chairman Sheldon Cohen, Commissioners Bruce Tatarian and Rob
Williams.
ABSTAIN: None
2. Consideration of Tree Removal Permit (TRP) 10-094; an application to remove a Sycamore
tree located at 29921 Camino Capistrano and generally located between Camino Capistrano
and Interstate 5 (APN 121-050-01)(Applicant: City of San Juan Cap istrano) (Project
Manager: David Contreras, Senior Planner).
Staff presentation & recommendation
Grant Taylor, Development Services Director made the staff presentation advising that the
proposed project consisted a Tree Removal Permit request to remove an existing mature
Sycamore specimen tree located along the west side of Camino Capistrano at the entrance
to the Hidden Creek Estates neighborhood. He noted that on October 29, 2010, the City
received an arborist report prepared by West Coast Arborists (WCA), the City's arborist.
The report provided a detailed evaluation on the condition of the tree and recommended
reducing the canopy massing and installing additional cables to preserve the tree. Staff
PC Meetinq Minutes 6 November 9. 2010
recommended that the Planning Commission review the proposed tree removal request and
provide direction to staff based on WCA's analysis and recommendations.
Commission Questions
Commissioner Mocalis asked for clarification on the location of the subject Sycamore tree
and staff responded that the tree is located along the west side of Camino Capistrano on the
north side of the Hidden Creek Estates subdivision entrance.
Public Comment
Chairman Cohen opened the floor for public comment.
Chris Thompson representing SDG&E explained the utility's position and noted that State
law grants utility companies the right to resolve or eliminate potential threats to utility service
such as the subject tree which if it collapsed would destroy overhead electricity lines. He
noted that SDG&E would support City trimming or removal but that SDG&E could only pay
the cost of trimming that portion of the tree that represents a threat to the electrical lines.
Commission Discussion
Chairman Cohen asked if the City had adequate warning coverage in the event the tree
collapsed and damaged or destroyed the SONGS siren so that it was inoperable. Mr.
Ramsey responded that the SONGS sirens are located throughout the City and spaced so
as to provide sufficient coverage so that losing a siren would result in inadequate coverage
in the north end of the City.
Commissioner Tatarian asked if the tree would live "forever" and Mike Palat of WCA
responded that all trees have a life cycle and that the subject tree, at well over 100 years old,
was nearing the end of its life cycle and in a state of decline.
Commissioner Williams stated that the tree existing at this location before the power lines
were installed and so, supported preserving and trimming the tree.
Commissioner Kerr expressed concern that the needed trimming would be "severe" and
further damage the health and appearance of the tree. Because the public safety threat is
compelling, she stated she was leaning toward supporting removal.
Commissioner Ratcliffe stated that the life of the tree could be extended and given its size
and maturity, that should be seriously considered. She noted that the costs and benefits of
removal versus trimming would need to be weighed. If the Commission decides to authorize
removal, the replacement tree should be a California sycamore and should be planted in a
more suitable location to allow the tree to thrive.
Commissioner Mocalis expressed fear that trimming would further damage the beauty of the
tree because significant trimming appears necessary to meet the public safety objective. For
that reason, he stated he was inclined to support removal.
Commissioner Neely stated that he concurred with Commissioners Ratcliffe and Mocalis
PC Meeting Minutes 7 November 9, 2010
Commissioner Tatarian stated that he agreed that the tree, unfortunately need to be
removed and replaced.
Chairman Cohen stated that if it were cost -feasible, he would support saving the tree and
providing for trimming and cable stabilization.
Adoption of Motion
Commissioner Neely stated that while he appreciated the beauty and magnificence of the
subject tree, due to public safety concern and cost/benefit consideration, he thought removal
was the right decision. Commissioner Neely made a motion, seconded by Commissioner
Mocalis to approve the Tree Removal Permit (TRP) subject to planting a California sycamore
replacement in a more suitable location.
Commissioner Williams stated that more information was necessary on the proposed
location and the cost/benefit of trimming versus removal.
Commissioner Ratcliffe stated that the City needed to be cognizant of tree's size.
Chairman Cohen stated that he concurred with Commissioner Williams.
The motion to approve the Tree Removal Permit (TRP) subject to planting a California
Sycamore replacement in a more suitable location passed by a 5-2 vote.
AYES: Commissioners Gene Ratcliffe, Ginny Kerr, Jim Mocalis, Tim Neely,
and Bruce Tatarian.
NOES: Chairman Sheldon Cohen and Commissioner Rob Williams.
ABSTAIN: None
3. Introduction of Code Amendment (CA) 10-02, Parking Standards Historic Town CenterArea;
an ordinance establishing new shared parking standards for the Historic Town Center
planning area (Applicant: City of San Juan Capistrano) (Project Manager: Grant Taylor,
Development Services Director).
Staff presentation & recommendation
Grant Taylor, Development Services Director made the staff presentation and advised the
Commission that the City has prepared a Draft Historic Town Center Master Plan
encompassing approximately 150 acres in the greater downtown area. A primary goal of the
Master Plan is to implement a shared parking or "Park Once" concept that allows businesses
to rely on City -owned (public) parking lots to meet their demands/requirements. He noted
that the supply of parking in the downtown can a diverse range of activities and commercial
uses. While the Title 9, Land Use Code parking standards are project -specific and require
each project or use to provide sufficient on-site parking as required by the Code, the "Park
Once" concept would reduce the number of required parking spaces for individual uses and
allow public parking (lots and on -street) to be shared by downtown businesses and uses and
meet a portion of the parking required for private development. Staff recommended that the
Planning Commission, following staff presentation and public testimony, direct staff to notice
PC Meeting Minutes 8 November 9 2010
a public hearing for the next available Planning Commission meeting and provide review
comments on the draft ordinance.
Commission Questions
Commissioner Tatarian requested clarification of downtown gross floor area and requested
an explanation of the outdoor dining standard and asked why the City would consider
reducing the parking standard. Mr. Taylor responded that the total floor area of the
downtown consist of the total existing and potential non-residential development within the
limits of the Historic Town Center Master Plan planning area. Taylor also explained the
1,500 foot/5 minute walking radius that was used to define the limits of the parking ordinance
amendment. Mr. Ramsey stated that pursuant to City Council direction established by the
Long -Term Vision and Strategic Business Plan, The City seeks to encourage the
development of restaurants in the downtown area and reducing the parking standard for
restaurants reduces the development costs of starting up or expanding a business.
Commissioner Ratcliffe asked if commuter parking would be retained in the downtown and
Mr. Taylor responded such parking is leased by the City's Community Redevelopment
Agency (RDA) and there are no plans to change that arrangement.
Commissioner Kerr questioned whether the ordinance would impact private parking lots and
specifically referred to the letter of concern submitted by Tony and Orrie Brown for the Plaza
de Prosperidad. Mr. Taylor stated that the proposed ordinance would not affect private lots
and only applied to public parking lots.
Commissioner Williams asked if the downtown parking demand had been thoroughly
analyzed and stated the City needs to consider the long-term build -out of the Master Plan
area.
Commissioner Mocalis stated that the corner of Camino Capistrano and Forster Street is the
"center" of the downtown.
Chairman Cohen asked if the City had authority to regulate time restrictions on the use of
private parking spaces/lots in the City and Ms. Tram stated that while the California Vehicle
Code grants the city certain authority, she would need to research the matter and report
back to the Commission.
Commissioner Neely opined that hourly restrictions on private parking would be inconsistent
with the development approvals granted to most if not all commercial projects in the
downtown.
Commissioner Mocalis stated that the California Vehicle Code allows private property
owners to request restrictions on their private parking lots. However, the city does not have
unilateral authority to impose restrictions on private parking.
Commissioner Tatarian stated that the City will need to examine and consider the spirit of
the proposed amendments to the parking provisions, not the details.
Chairman Cohen closed the worksession discussion and Mr. Taylor stated that staff would
advertise the project for public hearing at the Commission's December 14 public hearing.
PC Meeting Minutes 9 November 9, 2010
STAFF & COMMISSION COMMENTS
Mr. Ramsey briefed the Commission on the current initiative/referendum effort and that "Citizens for
Sensible Development" had been meeting with the ARES team and seeking further modifications to
the design of the "Distrito -Meadows" project.
Mr. Ramsey briefed the commission on the current status of the Marriott project and advised that
staff would be introducing the project to the commission on November 23 and seeking final action
on December 14.
Mr. Taylor reviewed the tentative meeting schedule and projects that are agendized for future
Planning Commission review.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at 8:45 p.m..
The next regular meeting is scheduled for Tuesday, November 23, 2010 at 6:30 p.m. in the Council
Chambers.
Respectfully submitted,
William A. Ramsey, AICP, PrincipaKPl nner
Planning Commission Secretary