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PC Minutes-2010-12-1400 PASEO AIDELANTO • (949) 493-1171 493-1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION Tuesday, December 14, 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. B. PLEDGE OF ALLEGIANCE Chair Cohen led the pledge of allegiance. C. ROLL CALL: Commissioners Present Commissioners Absent Sheldon Cohen, Chair Gene Ratcliffe, Vice -Chair Ginny Kerr Bruce Tatarian Rob Williams Tim Neely Jim Mocalis Staff Present: Grant Taylor, Development Services Director William Ramsey, AICP, Principal Planner James Eggart, Acting Commission Attorney David Contreras, Senior Planner Justin Kirk, Management Analyst Nick Taylor, Associate Planner Christina Gomez, Administrative Specialist Alan Oswald, Senior Engineer -Traffic Bill Darnell, Bill Darnell & Associates (City consultant) D. ORAL COMMUNICATIONS None Capistrano:San Juan Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper PC Meeting Minutes 2 December 14_,2010 1. Draft Minutes of November 9, 2010 — The Commission approved the minutes as submitted by a 6-0 vote. 2. Draft Minutes of November 23, 2010 — The Commission approved the minutes as submitted by a 5-0-1 vote (Ratcliffe abstained). None G. NEW BUSINESS Appeal of the Development Services Director's Land Use Determination that "Massage Therapy"iis not an Allowable Use within the "RS -7000" Zone District; an appeal of the Director's determination regarding "massage therapy" in the "RS -7000" District Proposed to be Located at 34000 Via de Agua (APN 675-034-05) (Appellant: William Trette, Training Camp Wellness Center) (Case Planner: Nick Taylor, Associate Planner). Staff presentation & recommendation Nick Taylor, Associate Planner advised the Commission that the Training Camp Wellness Center had appealed a� land use determination by the Development Services Director that "massage therapy" Use Is not permitted In the "RS -7,00x, (residential single family -7,000 square foot minimum) Zone District in which the "Training Camp" business operates. Staff recommended that the Commission adopt a resolution denying the appeal and upholding the Development Services Director's determination that "massage therapy" was not an allowable use in the "RS -7,000" (residential single family -7,000 square foot minimum) Zone District. Commission discussion The Chairman asked if the applicant was present and wanted to address the commission on this matter. The Chairman noted that the applicant evidently was not present and he asked if there was any discussion to which several Commissioners stated they were ready to take action on the item. Adoption of Resolution PC RESOLUTION NO. 10-12-14-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO DENYING AN APPEAL AND UPHOLDING THE DEVELOPMENT SERVICES DIRECTOR'S DETERMINATION THAT "MASSAGE THERAPY" IS NOT AN ALLOWABLE USE IN THE RS -7,000 ZONE DISTRICT MORE SPECIFICALLY LOCATED AT 34000 VIA DE AGUA (APN 675-034-05)(TRAINING CAMP MASSAGE THERAPY). PC Meeting Minutes 3 December 14 2010 It was moved by Commissioner Kerr and seconded by Commissioner Tatarian to adopt a resolution upholding the Director's determination. The motion passed by a 6-0 vote. AYES: Chairman Sheldon Cohen, Commissioners Gene Ratcliffe, Ginny Kerr, Tim Neely, Bruce Tatarian and Rob Williams NOES: None ABSTAIN: None 1. Continued Consideration of Architectural Control (AC) 09-031. San Juan Hills Golf Club Tournament Room; a request for approval of preliminary design plans for a proposed 6,144 square foot (SF) building with service area and trash enclosure located at 32120 San Juan Creek Road, generally located approximately 2,750 feet northeast of the intersection of Valle Road, and San Juan Creek Road (APN 666- 011-27) (Applicant: Dan Friess) (Project Manager: Justin Kirk, Associate Planner). Staff presentation & recommendation Justin Kirk Management Analysis made the staff presentation advising the Commission that this was a new request for review and approval of development plans for a 6,144 SF golf course tournament event building on a 29.26 acre parcel and recommended that the Commission adopt a resolution conditionally approving the project. Commission Questions Commission Tatarian asked how many parking spaces there were and also asked if they met the specifications. Mr. Kirk responded that there were 109 parking spaces which met the Municipal Code requirements. Applicant Presentation Dan Friess, representing the applicant, stated that his client was looking forward to moving forward with the project, that significant design changes had been completed to address the Design Review Committee's concerns, and the proposed conditions of approval were acceptable. Public Hearing Notice having been given as required by law, Chairman Cohen opened the Public Hearing. There was no response and the public hearing was closed. Commission Discussion Commission Williams said that this project would need to go back to Design Review Committee and he had also said that 109 parking spaces were insufficient. Commissioner Kerr had said that she was glad that this project was going back to the Design Review Committee and she had also stated that the parking needed to be set in order for her to support this project. PC Meeting Minutes 4 December 14, 2010 Commissioner Ratcliffe stated that improvements on the streets needed to be reviewed at first. Commissioner Neely said he supported this project but was concerned that there was more parking then what was needed. He said he would rather see less parking and that some of the parking could be handled by valet. Commissioner Tatarian stated that he would want to create a safety factor with the parking. Commissioner Neely made a motion to continue consideration of the project to a future date, and to direct the applicant to prepare an updated parking study that demonstrated the sufficiency of the proposed parking. The motion was seconded by Commissioner Williams and passed by a 6-0 vote. I. NEW PUBLIC HEARINGS 1. Conditional Use Permit (CUP) 09-013, 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, Management Analyst made the staff presentation advising the Commission that this was a new request for review and approval of a revised Conditional Use Permit application. On April 13, 2010, the Planning Commission denied a proposed faux eucalyptus. The applicant appealed the action to the City Council and presented a revised design. On July 6, 2010, the City Council upheld the Planning Commission's denial of the proposed faux eucalyptus design and remanded the revised design back to the Planning Commission for refinement of design details and action on the proposed project. Commission Questions Commission Kerr asked if the landscape portion of the project budget of $10,000 had changed. The applicant responded that the site cleanup, tree removal, and the two treatments of the diseased trees would exceed the original budget. In addition the planting of the proposed trees and the installation of the irrigation would be additional costs, Commissioner Williams asked if the landscape plans would be going back to Design Review Committee for review and Justin Kirk responded yes. Chairman Cohen said he would like to have City Council direction on the issue of cell site design and location before moving forward. PC Meetina Minutes 5 December 14. 2010 Commissioner Kerr asked if the proposed facility had demonstrated an existing gap in service coverage. Justin Kirk responded that the applicant had provided the necessary service coverage maps which identified a "gap" in coverage. Commissioner Williams asked if this project would go to Council for final action and Mr. Grant Taylor said the prior City Council had approved the water tower concept and so, the entitlement would not. However the license agreement would be subject to City Council review and approval. Public Hearing Notice having been given as required by law, Chairman Cohen opened the Public Hearing. There was no response and the public hearing was closed. Commission Discussion Commissioner Tatarian stated that he was not comfortable with approving this project because of the proposed design and recommends the City pursue a cell tower facility master plan. Commissioner Neely stated that the water tower was a "great" design. He said he supports this project and was ready to move this forward. Commissioner Ratcliffe said that a faux tower was better than a faux tree. She thought the design was promising and stated she would support this project. Commissioner Kerr said that we are not respecting our town's history and heritage when we allow the proliferation of faux water towers. Commissioner Williams said that conceptually, the landscape plan adheres to the direction of the Design Review Committee (DRC), and the project was appropriately conditioned to return to the DRC for the review of the final design details. He said that we need move forward with this project. Chairman Cohen asked how many towers do we need in San Juan Capistrano [before we have enough]. Commissioner Action Commissioner Neely made a motion to approve the conditional use permit for the faux water tower including a condition and that the final design and landscape plans be subject to Design Review Committee review and approval. The motion was second by Commissioner Williams and failed by a 3-3 vote. AYES: Commissioner Ratcliffe, Commissioner Neely, and Commissioner Williams NOES: Chairman Cohen, Commissioner Kerr, and Commissioner Tatarian ABSTAIN: None PC Meeting Minutes 6 December 14, 2010 A general discussion ensued regarding whether the commission's denial of the motion constituted a final action. Chairman Cohen requested direction from James Eggart, Acting Commission Attorney who opined that the Commission could introduce an additional motion or could consider the denial of the motion to approve as its final action. The applicant could appeal the Commission's denial of the motion to approve, to the City Council. 2. Grading Plan Modification (GPM) 10-005 Knape Residence; a request for approval of preliminary grading plans to authorize grading previously started without a grading permit for the installation of a commercial lemon grove located at 27112 Highland Drive (APN 650-512-05)(Applicant: Tuscany Construction Co.) (Project Manager. Nick Tavlor. Associate Planner). Staff presentation & recommendation Nick Taylor, Associate Planner made the staff presentation, advising the Commission that the application was a new project and had not been previously reviewed by the Planning Commission. The applicant requested review and approval of a grading plan for a commercial lemon grove and a sports field for private use. The DRC reviewed the project on November 18, 2010 and forwarded the project to the Planning Commission with a recommendation of approval. Commission Questions None Public Hearing Notice having been given as required by law, Chairman Cohen opened the Public Hearing. There was no response and the public hearing was closed. Commission Discussion Commission Williams, Neely, and Tatarian each stated that they were pleased with the project design and would support approval of the project. Adoption of Resolution PC RESOLUTION NO. 10-12-14-03, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADOPTING A NOTICE OF EXEMPTION AND APPROVING A GRADING PLAN MODIFICATION (GPM 10-005) FOR 27112 HIGHLAND DRIVE (APN: 650-512- 05)(TUSCANY CONSTRUCTION) It was moved by Commissioner Neely and seconded by Commissioner Tatarian to adopt a resolution approving the proposed project. The motion passed by a 6-0 vote. AYES: Chairman Cohen, Commissioners Ratcliffe, Kerr, Neely, Tatarian and Williams NOES: None PC Meeting Minutes 7 December 14, 2010 ABSTAIN: None 3. 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 Stonehill Drive (Assessor Parcel Number 121-254-44) (Applicant: R.D. Olson Development, Robert A. Olson, Representative) (Project Manager: William Ramsey, AICP, Principal Planner) Staff presentation & recommendation Bill Ramsey, AICP, Principal Planner made the staff presentation and advised the Commission that the proposed project was a City Council priority. He noted that the City Council had recently adopted a long-term Strategic Business Plan, General Plan Land Use Element amendments, and Title 9, Land Use Code amendments to create hotel -specific standards all with the purpose to promote the development of hotel uses within the City. Ramsey stated that the project consists of a 130 -room Marriott Residence Inn extended stay hotel totaling 91,489 square feet of building area. The proposed hotel would be three -stories with the main roof elements extending to a maximum height of thirty-seven feet, six inches (37'-6"), and with non -habitable, architectural elements extending to a maximum height of fifty feet (50'-0"). He noted that the proposed project includes a request for a minor exception to reduce the hotel parking standard from the City's minimum standard of 1.0 space per guest room to 0.94 space guest room. The proposed project also includes conceptual plans for a future single -story, warehouse auto storage facility totaling 11,104 square feet situated on the lower building pad adjoining the south side of the main building pad (hotel). While the warehouse auto storage use is being conceptually defined as part of the current project, it will require future approval of Conditional Use Permit (CUP) and Architectural Control (AC) applications before development of that use can proceed. On behalf of staff, Ramsey recommended that the Planning Commission approve a resolution adopting a Mitigated Negative Declaration (MND), conditionally approving the Architectural Control (AC) application, and approving the parking standard exception for the proposed project. Commission Questions Commissioner Cohen questioned the feasibility of shared parking on the auto dealership on the north side of Stonehill Drive and Ramsey responded that such parking would be one of two options and if the applicant could not secure an agreement with that dealership, he would need to provide parking on the lower pad. Commissioners Williams questioned why the City was processing plans for warehouse auto storage on the lower pad and expressed the opinion that the lower pad plans should be removed from the current project. Public Hearing Notice having been given as required by law, Chairman Cohen opened the Public Hearing. PC Meeting Minutes 8 December 14, 2010 Deidre Hurd representing Villa San Juan MHP stated that the project was massive, had continually evolved, would create a major impact on the park residents, that she opposed the project and that should the project be approved, that the applicant construct a wall along the park's Camino Capistrano frontage. Jean-Paul Van Swae stated that his family, the Harrisons, had owned the Pryor Adobe/Hide house for many years, that the structure was historic, and that the proposed hotel with its three-story mass would loom over the property. Dee Sampson, Villa San Juan MHP resident, stated the project will dramatically affect the parks residents and interfere with the peace and quiet that they presently experience. She stated the 10:00 pm deadline for use of the sports court was not sufficient. She said the project had been processed very quickly and there had been inadequate time to evaluate the project and so, the commission should grant a continuance. Eleanor Buchanan stated the proposed hotel's pool and spa will create noise impacts and affect the park residents peaceful enjoyment of their property. She stated that the proposed project in concert with the recently approved Costco improvements will be major. She said the widening of Camino Capistrano would eliminate the park's current Southbound (SB) right turn lane into the park. She questioned whether the project would result in an increase in property taxes on the park and an increase in park space lease rates. Ron Everly, a Board member of the Villa San Juan Homeowners Association, expressed concern over cumulative impacts of the proposed project and other pending projects. He stated that the proposed project and Costco project would seriously impact park residents. He stated that the existing wall along the park's frontage on Camino Capistrano needed to be increased in height to address noise, air pollution, and dust impacts on residents. Commission Discussion Commissioner Ratcliffe stated that she supported the project and thought the overall project had been well-designed, that the landscape plan and palette were generally acceptable but needed some fine-tuning. She stated that the cotoneaster was invasive and should be replaced with another type of shrub. Commissioner Kerr stated she supported the project, that it was well-designed, suggested that the Harrison family and property history could serve as the basis of the project's Historic Depiction Program. She said that the proposed parking exception was not an issue and parking would be sufficient. Kerr stated that the project would be a "tremendous asset" for the City. Commissioner Williams stated that agreed with the statements of his fellow Commissioners and that the project had been well-designed and refined to address the prior design concerns of the Design Review Committee and Planning Commission. He thought that the site layout which buffers the hotel parking from Villa San Juan MHP residents and sets the proposed hotel building away from the PC Meeting Minutes 9 December 14, 2010 pad edge was effective. He stated that while the proposed parking was not an issue, the project needs a plan to address potential parking issues. Williams opposed any site plan depicting the future mini -warehouse, auto storage use on the lower pad. Commissioner Neely stated that he was disappointed in the lack of effort on the part of the applicant in addressing some of the prior Design Review Committee design direction. Specifically, he stated that the south edge of the hotel pad adjoining the east wing of the hotel was to planted with Lombardy poplars. Neely also stated that the lower pad provides an excellent opportunity for screening views of the hotel and providing buffering and privacy for the park residents and needs to be considered. Neely suggested that a plexi -glass sound could be effective at mitigating nuisance noise from the hotel's proposed patio, pool/spa and sports court area. He otherwise concurred with the comments of his fellow Commissioners. Commissioner Tatarian stated that while the process has moved rather quickly, much has been accomplished by the applicant and staff in revising and fine-tuning the project design. He stated that the lower pad warehouse storage concept was problematic and the City's needs to assure that edge landscaping is provided to protect park residents. Tatarian also stated that parking needs to be addressed, and that condition of approval #12 (proposed design parameters for the mini -warehouse, auto storage) should be eliminated since that project is not being considered for approval. Adoption of Resolution PC RESOLUTION NO. I V -12-14-V4 A RES®LUTIOI`Id OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATIONM( ND) ARCHITECTURAL CONTROL (AC) 10-18, AND A PARKING STANDARD EXCEPTION FOR A PROPOSED MARRIOTT RESIDENCE INN LOCATED AT THE SOUTHWEST CORNER OF CAMINO CAPISTRANO AND STONEHILL DRIVE (APN: 121-254-44)(MARRIOTT RESIDENCE INN) It was moved by Commissioner Tatarian and seconded by Commissioner Williams to adopt a resolution approving the proposed project with following provisions: • Delete condition of approval #12 regarding design parameters for the future mini warehouse, auto -storage. • Expand condition of approval #2.13 to augment perimeter landscaping for the hotel to provide additional buffering. • Require that final lighting and landscape plans be reviewed by the Design Review Committee (DRC) along with the architectural details and color/materials board. The motion passed by a 6-0 vote. AYES: Chairman Cohen, Commissioners Ratcliffe, Kerr, Neely, Tatarian and Williams PC Meeting Minutes 10 December 14, 2010 NOES: None ABSTAIN: None 4. Development Agreement, GPA 10-001; Plaza Banderas Hotel; Stroscher G3, LLC has requested approval of a Development Agreement for a previously approved 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 Numbers 124-170-12, 14, 15 & 16). The Development Agreement would establish certain rights and responsibilities on the part of the applicant and the City. The project site is General Plan -designated "PC" (Planned Community) and is designated on the Official Zoning Map as "PC" (Planned Community) (Applicant: Stroscher G3, LLC) (Project Manager: David Contreras, Senior Planner). Staff presentation & recommendation David Contreras, Senior Planner made the staff presentation and advised the Commission that the applicant has prepared and submitted a draft Development Agreement that would establish specific assurances and responsibilities on the part of both the applicant and the City. Staff is recommending the Planning Commission to forward comments and recommended revisions on the Draft Plaza Banderas Development Agreement to the City Council for consideration and final action. Commission Questions Commissioner Williams had a question on page 15 of the draft development agreement in regards to the water system. Commissioner Kerr asked if this Draft Development Agreement was already decided and could not be changed. Mr. Contreras responded that it was not set, was in a draft form and Commission comments would be forwarded to the City Council. Chairman Cohen had a question on page two paragraph one of the Development Agreement. He also asked if this agreement was drafted by the applicant. Mr. Contreras responded that the document was drafted by the applicant and applicant's attorney. Chairman Cohen said he had a problem with the language that discussed the assignments on page eight. Commissioner Tatarian had a question on page eight of the Draft Development Agreement Section 2.51 under "Transfer of Assignments" and Section 2.3 under "Term". Commissioner Neely had a question on page 15 of the Draft Development Agreement in Section 3.6.4 under "Changes in the Project". PC Meeting Minutes 11 December 14, 2010 Grant Taylor stated that since the applicant was not in attendance to answer Commission questions, the item could be returned to the Commission as an information item at the January 11 Planning Commission meeting to provide responses. However, the Commission needed to complete its review of the Development Agreement this evening. All Planning Commissioners agreed that the item needed to be returned to the Commission for this purpose. Several Commissioners expressed the perspective that the draft Development Agreement conflicts with aspects of the discretionary approvals and that the current draft D.A. is not approvable in its current form. The Commissioners stated that the draft D.A. would convey significant and unprecedented financial benefits to the applicant. Public Hearing Chairman Cohen opened the Public Hearing. There was no public testimony and Chairman Cohen closed the public hearing. Commission Discussion none Commission Action The Commission approved a motion to forward the Development Agreement to the City Council for consideration with the concerns expressed by the Commission, and requested it be agendized for January 11 to provide a status and address any Commission imissioi i questioi is. J. STAFF & COMMISSION COMMENTS William Ramsey updated the Commission on the status of the 2010 State Habitat Conservation Fund Program grant applications noting that the Blas Aguilar Adobe application appeared to generate the most interest and apparent support. Grant Taylor stated that this was the last week for the staff before the furlough and City Hall would be closed between Monday, December 22 and Friday, December 31 and would open again on Monday, January 3. He said that the Plaza Banderas project was scheduled for the January 20, 2011 Design Review Committee meeting and now for the January 11 Planning Commission meeting. Commissioner Williams questioned the propane tanks at the Chevron Gas Station located at the corner of Camino Capistrano and Del Obispo in regards to the signage and asked the status of the Tuttle Click Dealership. Mr. Grant Taylor responded that the signage and use were permitted as accessory uses. He stated that Tuttle -Click had received financial support from the Community Redevelopment Agency (RDA) and was moving forward with building plans which were in process. Mr. Grant Taylor said Costco Wholesale was going to allow the Ford dealership to stay in their present location on the Costco site until March 2011. PC Meetinq Minutes 12 December 14, 2010 K. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:50 p.m. The next regular meeting is scheduled for Tuesday, January 11, 2011, at 6:30 p.m. in the Council Chambers. Approved by the Planning Commission on January 11, 2011: William Ramsey, AICP, PrincipalPlanner Planning Commission Secretary