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PC Minutes-2010-11-2332400 PASEO ADELANTO �� I < dgj ' MEMBERS OF THE CITY COUNCIL SAN .JUAN CAPISTRANO, CA 92675 �! , r �' I '� SAMALLE"VATO ( 4®9)49 -�9�9 ra.> -TED ( 4 ) 49 9 0553 FAx 11 1 4n�onroR LAURA FREESE Est HISHRI Y LARRY KRAMER www.,5anjuancapistrano.org 1776 k A� y3` DEREK REEVE I w JOHN TAYLOR MINUTES OF THE MEETING OF THE PLANNING COMMISSION Tuesday, November 23, 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 Tim Neely Commissioners Absent: Gene Ratcliffe, Vice -Chair Staff Present: Grant Taylor, Development Services Director William Ramsey, AICP, Principal Planner Justin Kirk, Management Analyst Nick Taylor, Associate Planner Christina Gomez, Administrative Specialist D. ORAL COMMUNICATIONS None San .Tuan Capistrano Preserving the Just to Enhance the Future 01 Printed on 100% recycled paper PC Meeting Minutes 2 November 23, 2010 E. CONSENT CALENDAR 1. Draft Minutes of November 9 2010 — Staff advised that the minutes were being drafted but hadn't been completed and the minutes were continued to the December 14 Planning Commission meeting. F. CONTINUED PUBLIC HEARINGS None G. NEW PUBLIC HEARING 1. Consideration of General Plan Amendment (GPA) 10-03, Water Quality; a proposed amendment to the General Plan Conservation & Open Space Element to Incorporate Additional Policies Pursuant to the Regional Permit Issued by the San Diego Regional Water Quality Control Board (RWQCB).(Project Manager: William A. Ramsey, AICP, Principal Planner). Staff presentation & recommendation William Ramsey, Principal Planner made the staff presentation advising the Commission that the Staff is recommending that the Planning Commission recommend City Council adoption of this amendment to establish appropriate low - impact development (LID) policies in the General Plan Conservation & Open Space Element consistent with the requirements of the San Diego Regional Water Quality Control Board's regional permit (see Attachment 1, Draft Planning Commission Resolution). Commission Questions Commissioner Tatarian asked what additional administrative burden would be placed on the City and Mr. Ramsey responded that the administrative burden would be minimal because project would be reviewed for consistency with the low -impact development (LID) policies as part of the City's established Development Advisory Board (DAB) review process. Commissioner Tatarian also asked about the requirement that stormwater peak runoff volume and intensity be reduced and Mr. Mazboudi responded that water runoff will occur at a slower rate. Commissioner Kerr asked if table nine in the agenda report attachment which requires annual reporting was what was being reviewed and considered for action tonight and Mr. Mazboudi responded no and that the project consisted of additional new water quality policies. Commissioner Kerr asked if the proposed policies would apply to existing development and asked if these would place restrictions on new development. Mr. Ramsey responded that the proposed policies would apply to new development that PC Meeting Minutes 3 November 23, 2010 is required to secure either discretionary or legislative approval of development plans from the City. Commissioner Williams asked if the proposed policies would require new development to provide specific types of water quality improvements and Mr. Mazboudi stated the policies will be used as design guidelines. 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 It was moved by Commissioner Tatarian and seconded by Commissioner Kerr to adopt a resolution recommending City Council approval of the project The motion passed by a 6-0 vote. PC RESOLUTION NO. 10-11-23-01 GENERAL PLAN AMENDMENT (GPA) 10-003 WATER QUALITY A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING _CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT (GPA) 10-03, AMENDING THE GENERAL PLAN CONSERVATION & OPEN SPACE ELEMENT TO INCORPORATE ADDITIONAL POLICIES PURSUANT TO THE REGIONAL PERMIT ISSUED BY THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD (RWQCB) AYES: Chairman Cohen, Commissioner Tatarian, Commissioner Kerr, Commissioner Williams, Commissioner Mocalis, and Commissioner Neely NOES: none ABSTAIN: none 2. Code Amendment (CA) 10-02, Shared Parkinq Standards - Historic Town Center Planning Area; a proposed code amendment to Section 9-3.535, Parking Standards of Title 9 Land Use Code of the San Juan Capistrano Municipal Code adding subsection (H) which would establish additional shared parking standards for businesses and land uses in the Historic Town Center Planning Area. (Project Manager: Grant Taylor, Development Services Director). Staff presentation & recommendation Grant Taylor, Development Services Director made the staff presentation advising the Commission to provide any final recommended revisions to the ordinance; and PC Meeting Minutes 4 November 23, 2010 adopt the resolution recommending City Council adoption of the Shared Parking Standards ordinance for the Historic Town Center Planning Area. Commission Questions Commissioner Williams asked if the radius and the area subject to the proposed standards could be modified with the centerpoint being moved further south to the intersection of Camino Capistrano and Forster Street. Mr. Taylor responded that it was the Planning Commission's discretion if they wanted to recommend to City Council to move the center point of the radius or otherwise amend the ordinance planning area. Commissioner Williams asked if the library lot could be eliminated from the ordinance area and Mr. Taylor responded it could be and probably should be because of its distance from the downtown. Chairman Cohen asked if private parking could be regulated by the City and Deputy City Attorney Tran responded that the City would need adopt an ordinance that provides that authority. 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 Commissioner Williams said he liked the proposed changes to the ordinance, but was concerned about the outdoor seating and also the public parking near the library. He said the radius should be moved to the south at the intersection of Camino Capistrano and Forster Street which would probably exclude the library parking lot, and the boundaries should be parcel or street specific rather than a radius. Commissioner Kerr said that she thought the wording of how the "eating areas" (restaurants) would be handled needed to be changed to "outside eating areas will be included in the parking square footage calculation". She appreciated the other changes that had been made. Commissioner Neely stated that he did not believe there was a compelling reason to move this project forward at this time. He thought a three minute walking radius was more practical and would make more sense than the proposed five-minute radius. Commissioner Tatarian said that the boundary of the ordinance area needs to be established definitively and supported the parcel/street specific Exhibit A map. PC Meeting Minutes 5 November 23, 2010 Chairman Cohen said the library parking should be pulled into the ordinance area. He said he would like to see a Council Policy on shared uses for city own lots. Commissioner Kerr stated that the "Master Plan Parking" is a concept that the City needs to consider and the proposed ordinance was a starting point. She stated that she realizes that it would change in the future but nevertheless supports this project. Grant Taylor stated that this a starting point for the "Master Plan" shared parking and he also said that it's a step to the right direction in terms of supporting the City Council's vision and direction for the downtown. Commissioner Tatarian stated that the Commission should recommend City Council approval of the land use code amendment. Chairman Cohen stated that this parking issue should be handled as a Council policy. Grant Taylor said Council provided direction to forward the ordinance to the Planning Commission for recommendation and refer the ordinance back to Council. Commissioner Action Commissioner Tatarian made a motion to move staff recommendation, second by Commissioner Williams. The motion failed by a 3-3 vote. AYES: Commissioner Kerr, Commissioner Mocalis, and Commissioner Tatarian. NOES: Chairman Cohen, Commissioner Neely, and Commissioner Williams. ABSTAIN: none. Adoption of Resolution Commissioner Williams made a motion to approve the staff recommendation to include findings that would eliminate the library parking from the radius, include parking requirements for the "outside eating areas", and the parcel/street specific Exhibit A with the centerpoint at Camino Capistrano and Forster Street, second by Commissioner Kerr. The motion passed by a 4-2 vote. PC RESOLUTION NO. 10-11-23-01 CODE AMENDMENT (CA) 10-002, SHARED PARKING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING CODE AMENDMENT (CA) 10- 002 ESTABLISIHING SHARE PARKING STANDARDS FOR BUSINESSES AND LAND USES IN THE HISTORIC TOWN CENTER MASTER PLAN AREA PURSUANT TO EXHIBIT "A" ADDING NEW SECTION 9-3.535(H) TO TITLE 9 LAND USE ZONING PC Meetina Minutes November 23. 2010 AYES: Commissioner Williams, Commissioner Kerr, Commissioner Mocalis, and Commissioner Tatarian. NOES: Chairman Cohen and Commissioner Neely. ABSTAIN: none. H. OLD BUSINESS None NEW BUSINESS 1. Tree Removal Permit (TRP) 10-076, Loma Vista; a permit application to remove 121 trees of various sizes and species. The subject trees are located in the Loma Vista Homeowners Association generally located at La Novia Avenue and Via Cerro Rebal (Tract 12829)(Applicant: Nancy Cangiano, Loma Vista Homeowners_ Association)(ProLect Manager: Nick Taylor Associate Planner). Staff presentation & recommendation Nick Taylor, Associate Planner made the staff presentation advising the Commission that the applicant requests approval to remove 121 trees of various sizes and species. While Grant Taylor, Development Services Director has authority to approve the permit, the project has been referred to the Planning Commission for approval due to the magnitude of the scope of work and the potential impacts associated with the mass removal of trees. Commissioner Questions Commissioner Tatarian asked about the term "flush cut" Nick Taylor clarified that the applicant was referring to a removal technique where the tree stump was cut flush with the grade, but no stump or root grinding would take place. Commissioner Williams asked if the 121 trees proposed for removal would be flush cut straight across at ground level and asked if the replacement trees would be replanted at different locations. Applicant presentation Nancy Cangiano, Loma Vista HOA representative made a brief presentation. Chairman Cohen asked inquired about the "flush cut." Nancy responded that it would be trip free. She said that Loma Vista HOA wants to be proactive in removing these trees before the concrete starts to lift up in these areas. She said the Arborist has the final say on what trees should be removed. Public Comments Valerie Drey of Loma Vista stated that she was tree lover and hugger, but said that some of the trees should have never been planted and now need to be removed. PC Meeting Minutes 7 November 23, 2010 Paul Gavin stated that these trees have become a problem and have caused serious property damage and need to be removed. Robert G. Boring stated that while he was a tree lover, because of the overplanting of trees in the common area, he has had to remove his patio and replace it. He said to remove the trees calls for a three step program. Commission Comments Commissioner Williams stated that 121 trees is a lot of trees to be removed. He said the Home Owners Association is doing a good job, but said that this permit needs to go back to Design Review Committee for review of a replanting plan. Commissioner Kerr concurred with Commissioner Williams. She stated that she would like to see the replanting plan. She thought that Loma Vista HOA was being responsible in removing these trees. Commissioner Neely stated that the Loma Vista HOA had done a great job but also agreed with Commissioner Williams on replacement of trees. He also thought the Home Owners Association should not be held up and to go through the process. Commissioner Mocalis concurred with Commissioner Williams. Commissioner Tatarian said he was concerned with the timing. Chairman Cohen concurred with Commissioner Williams. He stated that a plan for the replant needs to be done and he also said that this needs to be referred to the Design Review Committee. Commissioner Action Commissioner Williams made a motion to conditionally approve the permit subject to review of a replanting plan by the Design Review Committee, seconded by Commissioner Mocalis. The motion passed by a 6-0 vote. 2. Architectural Control (AC)10-18 Marriott Residence Inn Hotel; a request for approval of preliminary site and architectural plans for a proposed 130 -room extended stay hotel on a 4.508 acres (196,369 square feet) located at 33711 Camino Capistrano and generally located at the southwest corner of Camino Capistrano and Stonehiil Drive (Assessor Parcel Number 121-254-44) (Applicant: R.D. Olson Development, Robert A. Olson Representative) (Project Manager: William Ramsey, AICD, Principal Planner) Staff presentation & recommendation William Ramsey, Principal Planner made the staff presentation advising the Commission that the proposed project is being presented to the Planning Commission for introduction and to provide preliminary review comments. The Commission previously conducted a worksession on the proposed project on PC Meetina Minutes November 23, 2010 September 14, 2010. The project will be presented to the Commission on December 14 for formal public hearing and final action. Ramsey advised the Commission that the proposed project was a City Council priority having been part of the original recommendations of the City Council's Blue Ribbon Committee and more recently included in the City's Strategic Business Plan. Ramsey stated that the City Council had recently amended the General Plan and the Title 9, Land Use Code to establish provisions that would specifically foster the development of "hotels" in the City. Ramsey recommended that the Commission use the meeting as an opportunity to get more familiar with project -related issues so that the Commission could take final action on December 14. Commissioner Questions Commissioner Tatarian asked if the Transportation Commission has seen this project yet and Mr. Ramsey stated that this item is scheduled for the Transportation Commission on Wednesday, December 8, 2010. Chairman Cohen asked if a traffic analysis had been Ramsey responded that both a traffic impact analysis been performed. Applicant presentation None Commission Comments None done on the project and Mr. (TIA) and a parking study had Public Comments Deirdre Hierd president of Villa San Juan HOA, stated that she was concerned the way the speed of the Marriott Residence Hotel project is going. She said this project started off as a two story and now it is three stories. Ron Everly, Board member and resident of Villa San Juan, stated he was concerned about impacts of the traffic noise from the Marriott Residence Hotel. He said the three-story building needs to be lowered in height. He also suggested increasing the density and height of landscaping around the hotel. Commission Comments Commissioner Williams asked if a traffic study would be available at the December 14, 2010 Planning Commission meeting and Ramsey responded that the traffic impact analysis (TIA) results would be included as part of Initial Study which staff would complete by November 24 and forward to the Commissioners. Commissioner Williams said he needed more clarification at the next meeting about the future planned Camino Capistrano widening. Commissioner Kerr stated that she liked the design changes that had been made to the Marriott Residence Inn Hotel. PC Meeting Minutes 9 November 23, 2010 Commissioner Tatarian said that the applicant needed to do homework to address issues of noise, lighting et cetera that had been raised by the Villa San Juan MHP residents. J. STAFF & COMMISSION COMMENTS Mr. Taylor updated the Commission on the 12/14 Planning Commission, advising them that six items were scheduled for the meeting. He stated there would be no 12/28 Planning Commission meeting due to the furlough. He also stated that four items were scheduled for the 12/2 Design Review Committee meeting and that the General Plan Amendment and the Open Space Master Plan were scheduled for the 12/7 City Council Meeting. Mr. William Ramsey advised the Planning Commission that there was going to be a Grant tour for the following four sites Blas Aguilar Adobe, Northwest Open Space, Los Rios Community, and the Community Garden. Commissioner Tatarian requested a copy of the meeting schedules. Commissioner Neely had wished everyone a Happy Thanksgiving. K. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:35 p.m. The next regular meeting is scheduled for Tuesday, December 14, 2010, at 6:30 p.m. in the Council Chambers. Respectfully submitted, William Ramsey, AICP, Principal �1ar�ner Planning Commission Secretary �1