PC Minutes-2010-12-1400 PASEO AIDELANTO
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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