PC Minutes-2009-02-1032400 PASEO ADELANTO
SAN JUAN CAPIS'1 RANO, CA 92675
49493 493-1171
{949) 493.1053 FAX
www. sanjuancapis trano. org
A. CALL TO ORDER
February 10, 2009
PLANNING COMMISSION MINUTES
REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
Chair Cohen called the regular meeting of the San Juan Capistrano Planning
Commission Meeting to order at 7:00 p.m.
Chair Cohen led the flag salute.
C. ROLL CALL
PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene
Ratcliffe, Commissioner Robert Cardoza, Commissioner Tim Neely and Commissioner
Ginny Kerr.
COMMISSIONERS ABSENT: None
D. ORAL COMMUNICATIONS
NONE
E. CONSENT CALENDAR.
Items listed on the Consent Calendar are considered routine and may be enacted by
one motion and one vote. There may be no separate discussion of these items. If
discussion is desired, that item may be removed from the Consent Calendar and will be
considered separately.
1. APPROVAL OF PLANNING COMMISSION 1 CITY COUNCIL MINUTES OF
JANUARY 19 2009 — JOINT SPECIAL MEETING, Commissioner Kerr identified two
(2) edits to include: 1) Page 3, first paragraph, third line, change "food" to "good"; and 2)
Page 5, under Planning Commission and City Council Common Discussion items add a
bullet point stating "Alternative 4 (Costco) is the best option for the good of the entire
City of San Juan Capistrano". Motion by Commissioner Cardoza to approve the
San .Ivan Capistrano. Preserving the fast to enhance the Future
Printed on 100% recycled paper
January 19, 2009 Planning Commission 1 City Council Joint Special Meeting Minutes as
amended, seconded by Commissioner Kerr. The motion to approve passed on a vote
of 5-0.
2. APPROVAL OF PLANNING COMMISSION MINUTES OF JANUARY 22 2009 —
SPECIAL WORK SESSION. Assistant Community Development Director Taylor
requested that the item be pulled and continued to the next regular meeting on February
24, 2009. It was the general consensus of the Planning Commission to pull and
continue the January 22, 2009 Work Session minutes to the February 24, 2009 regular
Planning Commission meeting.
3. APPROVAL OF PLANNING COMMISSION MINUTES OF JANUARY 27 2009 —
REGULAR MEETING. Commissioner Kerr identified two (2) edits to include: 1) Page 5,
third paragraph, third line, delete "colors should be accented" and replace with "Colors in
palette are acceptable"; and 2) Page 5, fifth paragraph, fifth line, delete the word
"consistent" and replace with "complimentary". Motion by Commissioner Kerr to
approve the January 27, 20009 Regular Meeting Minutes as amended, seconded by
Commissioner Cardoza. The motion to approve passed on a vote of 5-0.
F. CONTINUED PUBLIC HEARINGS
NONE
G. NEW PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT CUP 08-010; BASEBALL PERFORMANCE
ACADEMY. A request for approval of the establishment and right to operate an 8,285
square foot athletic training facility (not requiring outdoor facilities) located in the
Commercial Manufacturing (CM) zone district. No exterior modifications or site
improvements are proposed as pari of this project. The proposed site is located at
32771 #B Calle Perfecto, and more specifically referred to as Assessor Parcel Number
668-501-01. (Applicant: Baseball Performance Academy, Phil Schwartz
representative)((Project Manager: Justin Kirk, Associate Planner).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report and stated the applicant is
requesting approval to establish and operate Baseball Performance Academy, an 8,285
square foot athletic training facility within an existing building. No exterior modifications
of any kind are proposed. The subject property is located at 32771 #B Calle Perfecto in
the Commercial Manufacturing zone. The primary area of concern is with parking. The
Municipal Code requires 22 parking spaces and adjacent uses require 12 parking stalls
for a total of 34 parking spaces. The subject property contains 37 stalls. A condition of
approval is included to limit the number of clients to 25 and staff to eight to ensure
parking compliance.
PC Minutes 2 February 10, 2009
Mr. Kirk responding to public and Commission inquiries stating the notice was published
in the newspaper, all owners within 1,000 feet did receive notice, but the applicant failed
to post the sign. The sign is not required by code but by Council policy. Staff spoke
with the City of Aliso Viejo and found that they had no problems associated with the
facility in their City, and OCFA will review the facility.
Public Comments
Phil Schwartz, 31872 San Juan Creek Circle spoke in support. Mr. Schwartz
commented the property owner Dennis Gage supports the business, the entire Calle
Perfecto has a shared parking agreement, there are batting cages in the building, the
building occupancy rating is "B" has read the conditions, the facility is appointment only
and not open to the general public, and concurs with capping the number of clients and
employees.
Ron Simmons, owner of Redline Athletics, San Juan Capistrano spoke in opposition
commenting no sign was posted, no one within the 1,000 mailing radius received notice,
Calle Perfecto has only one entrance, the business plan did not identify the former
business in Aliso Viejo, and the Aliso Viejo facility had problems with loitering, 150 kids,
and parking problems.
Kevin Canning, Coto De Caza, spoke in support stating his son has been in the
program for five years.
P.1anning Commissioner Questions and Comments
Commissioner Kerr commented from reviewing the plans the proposal is a good use,
inquired if the applicant concurred that the number of occupants should be limited,
inquired about large groups, notification, and the facility in Aliso Viejo.
Vice Chair Ratcliffe commented that Mr. Kirk had satisfied her concerns, this facility is
similar to the Red line Athletics facility that was recently approved, the use is consistent
with the zoning, and she supports.
Commissioner Cardoza commented he is comfortable with the proposal, the conditions
of approval are clear, and if there are any violations the CUP can be revoked.
Commissioner Neely concurred with his colleagues comments.
Chair Cohen inquired about the building occupancy, if there are batting cages, if OCFA
will review plans, if the facility is open to the public and suggested capping total
attendance. Chair Cohen commented that he concurs with his colleagues comments.
Motion by Commissioner Cardoza to adopt Resolution 09-02-10-01 approving
Conditional Use Permit 08-010, seconded by Commissioner Kerr. The motion to
approve passed on a vote of 5-0.
PC Minutes 3 February 10, 2009
2. REZONE (RZ) 07-02, ARCHITECTURAL CONTROL (AC) 07-17 GRADING
PLAN MODIFICATION (GPM) 07-01, TENTATIVE PARCEL MAP (TPM) 07-191; KOLL
SAN JUAN. A request for review of preliminary design plans for a proposed 68,000
gross square foot, nine (9) building, commercial office complex on an existing 7.8 net
acre parcel located along the east side of Rancho Viejo Road and north of Spotted Bull
Lane (APN: 650-011-34 & 39)(Applicant/Developer: Scott Meserve, Koll
Company)(Project Manager: William Ramsey, Principal Planner).
Staff Presentation and Recommendation
Principal Planner Bill Ramsey presented the staff report stating the applicant is
proposing to develop a 68,000 square foot commercial office project consisting of nine
(9) buildings, with buildings 1, 4, 7 and 9 two -stories in height, on a 7.8 net acre site on
vacant property located on the east side of Rancho Viejo Road north of Spotted Bull
lane just south of Mammoth Equities. Mr. Ramsey utilized a laser pointer referring to
mounted plans stating the project includes a rezone of the southerly portion of the
property from Public & Institutional (P & 1) to Planned Community (PC) with amendment
to Comprehensive Development Plan CDP 90-2. The application includes an
Architectural Control for review of the buildings, a Grading Plan Modification for grading
in excess of two -foot elevation change, and a Tentative Parcel Map to create
commercial condominiums. Mr. Ramsey briefly discussed the parking on three
separate pads, a knoll, retaining walls, lighting, design features, noise, view simulations,
and the Environmental Impact Report (EIR). He recommended that the item be
continued to the next regular meeting on February 24, 2009,
Mr. Ramsey responding to Commission and public inquiries stated there are no view
simulations from directly across the 1-5 Freeway, he is not sure of the status of the San
Diego Gas & Electric poles, will meet with Mr. Mazero, staff will request the developer to
mark the vehicle entrance, knoll, and building pads, the traffic study can be provided to
the Commission, the two additional Planning Commission members cannot serve until
30 days after second reading of the ordinance, and he will forward pictures from across
the 1-5 Freeway to Chair Cohen to confirm location of the view simulations.
Keeton Kreitzer, 17291 Irvine Boulevard, Suite 301, Tustin, CA is the City's
environmental consultant who reviewed the California Environmental Quality Act
(CEQA) Guidelines discussed five (5) potential impacts to include land use, noise,
aesthetics, air quality and traffic. Mr. Kreitzer briefly discussed the CEQA process,
traffic analysis by Darnell & Associates, grading of 90,000 cubic yards, aesthetics, and
stated cultural resource, Native American, archaeology and paleontology monitoring
would be conducted during grading activities. .
Public Comments
Scott Meserve, applicant/developer with the Koll Company, 4343 Von Karman, Suite
150 Newport Beach, CA spoke in support stating the architect is LPA Associates, he
has met with the surrounding properties owners, the plan has been revised five or six
times, lowered building pads to preserve views, the knoll has been retained with parking
PC Minutes 4 February 10, 2009
cut in behind, the grading is mostly even with some export, conducted a community
outreach meeting a J. Serra High School and has been through four DRC meetings.
Keith Hempel, LPA Architects, 5161 California Avenue, Suite 100, Irvine, CA made a
power point presentation, reviewing the architecture, parking, terraced site, ramps
connecting the terraces, four 2 -story buildings, retaining wall at the rear (east) of the
property up to 20 feet in height, the building is complimentary to the Mammoth building
to the north but with less massing, Koll has a residential quality and warm color palette,
vine covered trellis connects one and two story buildings.
Joe Yee, LPA landscape architect, 5161 California Avenue, Suite 100, Irvine, CA
commented about retaining trees by Rancho Viejo Road, back up existing trees with a
native palette, the upper site would include clusters of trees with native shrubs, people
spaces in the middle and upper terraces, and seven buildings have access to a Historic
Depiction Program (HDP) with a history walk theme.
David Powers, ?? (inaudible) Spotted Bull Lane, spoke on behalf of "Save Our San
Juan" referred to a letter submitted by Bob King, identified five (5) suggestions in the
letter, and requested that the proposed entrance and knoll be marked.
Herbert Mazero, 2942 Spotted Bull Lane, inquired about the status of the San Diego
Gas & Electric poles and requested all on-site utilities be underground.
Planning Commissioner Comments and Questions
Commissioner Kerr inquired if the 90,000 cubic yards of grading was balanced cut and
fill, and inquired about cultural resources, archaeological and paleontology monitoring.
Vice Chair Ratcliffe inquired if the Traffic Study would be included at the next meeting.
Commissioner Cardoza commented about the correspondence from Save Our San
Juan, the president is not here tonight, inquired who is Save Our San Juan, how many
original owners are members of Save Our San Juan, and where do the persons on the
petitions reside. Mr. Cardoza further commented he is concerned with architecture,
views of the residents, and recommended final design details be reviewed by the DRC.
Commissioner Neely concurred with the letter and speaker requesting that the entrance
and knoll be marked, commented view simulations depict location, size and mass, the
knoll and grading limits should be marked and commented on the cuts of the building
pads.
Chair Cohen inquired if there is a view simulation directly across the freeway and/or
view simulation from Highway 73, and commented he is concerned with the visual
impact of the project on the city gateway, wants to see northbound and southbound
view simulations, wants to ensure the development is consistent with the character of
San Juan, and suggested continuing the meeting to March when the new Commission
appointments are present.
PC Minutes February 10, 2009
Motion by Commissioner Cardoza to continue the item to the next regular Planning
Commission meeting on February 24, 2009, seconded by Vice Chair Ratcliffe. The
motion to continue passed by a vote of 5-0.
H. OLD BUSINESS
NONE
1. NEW BUSINESS
1. ARCHITECTURAL CONTROL AC 08-30 Junipero Serra High School — South
Campus Parking Lot: a request for approval of design plans to legalize a temporary
parking lot located at 26351 Junipero Serra Road generally located at the southeast
corner of Junipero Serra Road and Camino Capistrano (APN 649-011-25)(Applicant:
John Frankel, Junipero Serra High School)(Project Manager: David Contreras, Senior
Planner).
Staff Presentation and Recommendation
Senior Planner David Contreras presented the staff report and stated the applicant is
requesting approval to legalize a temporary parking lot on the northern portion of the
south campus at 26351 Junipero Serra Road in the Public & Institutional (P & 1) zone.
The project has been a long standing code enforcement case as the parking lot was not
permitted but identified as a landscape area with a future performing arts building.
Mr. Contreras responding to Commission and applicant inquires stated the Municipal
Code limits Architectural Control approval to two years if all conditions not satisfied, at
that time the City and applicant can assess the status of the Performing Arts Building,
the Planning Commission can grant extension(s), the Performing Arts Building does not
have any entitlements, and the parking was constructed two years ago so a two year
time limit now still provides a four year approval,
Assistant Community Development Director Taylor commented J. Serra has not been
responsive to staff requests, the code enforcement case has lingered too long,
concerned the parking lot will not be temporary but become permanent, and the
Planning Commission may want to review the Architectural Control as a permanent
parking lot as a Performing Arts Building would require Planning Commission review
and may never be built.
Public Comments
Don Fischbeck, ?? (inaudible), Laguna Nigel, spoke in support stating he was the
original applicant and contractor, the former planner Bill Cunningham approved the
parking lot verbally, he did not have time to review the staff report until tonight, has a
problem with the two year time limit requesting a minimum of five years, they do not
have financing for the performing arts center at this time and the economy is
unpredictable.
PC Minutes b February 10, 2009
Planning Commissioner Questions and Comments
Commissioner Kerr commented the temporary parking lot was not permitted, has been
there for about two years, and supports staff recommendation.
Vice Chair Ratcliffe commented the code enforcement case is two years old, J. Serra
has had a number of issues and problems, concerned with open ended approvals, does
not want any misunderstandings with the applicant, if the parking lot is permanent she
has more concerns with landscaping.
Commissioner Cardoza commented if the parking lot is permanent the Commission
review should have more scrutiny, the parking lot appears functional, landscaping is
acceptable if the lot is temporary, comfortable with an expiration of four years, would
like a status update within two years, and encouraged maintenance of the facility.
Commissioner Neely commented the Municipal Code does have a time limit for zoning
entitlements, extensions can be requested, suggested tying the parking lot approval
with the date of the original permit, and recommend the Oaks and Sycamores should be
natives'.
Chair Cohen inquired how did the project get to this point, why a time limit of two years,
does J. Serra feel they have the ability to ever construct the performing arts buildings,
and commented that the entire J. Serra High School project has been contentious at
best, comfortable with a three or four year expiration date, otherwise return to the
Planning Commission, and suggested the landscape palette be brought back as a
consent calendar item.
Motion by Commissioner Cardoza to adopt Resolution 09-02-10-02 approving
Architectural Control 08-30 subject to a four year expiration date, J. Serra shall provide
staff with a status in two years, and change the Oaks and Sycamores to natives,
seconded by Commissioner Kerr. The motion to approve as amended passed by a vote
of 5-0,
2. CAPITAL IMPROVEMENT PROJECT CIP 122 DEI- OBISPO STREET
WIDENING AT TRABUCO CREEK BRIDGE. (Applicant: City of San Juan Capistrano,
Project Manager: Nisha Patel, Associate Engineer).
Staff: Presentation and Recommendation
Associate Engineer Nisha Patel presented the staff report stating CIP 122 proposes
widening Del Obispo Street at the Trabuco Creek Bridge to include street widening, bike
lanes, sidewalks and landscaping, and summarized the existing status of Del Obispo
Street, trees to be removed, landscaping, and comments from the DRC, and introduced
John Hidalgo, landscape architect with Willdan.
PC Minutes 7 February 10, 2009
John Hidalgo of Willdan commented the bioswale area palette was consistent with Los
Rios Park, pointed out the vegetated swales, and briefly summarized the landscaping
plan.
Public Works Director Nasser Abbaszadeh responding to Planning Commission
inquiries stated the bridge will provide dual left turn pockets, funding is 50% Federal, the
south side of the street will be widened first, during construction the street will narrow to
one lane in each direction, cannot work all year round, concurs with using Oaks but the
Orange County Flood Control District may not want Oaks, the area by Alipaz is County
Flood Control property, the City will need an easement, may have to relocate a
bioswale, the project will mimic existing railing, the skirts will hide utilities and referred to
photos, and Caltrans reviews because of Federal funding,
Public Comments
None
Planning Commission Questions and Comments
Commissioner Kerr commented she participated in the DRC review, concerned with
lane impacts, the skirt on the bridge should hide utilities, 19 trees are to be removed on
Paseo Adelanto, and the landscape areas appear too small for replacement trees.
Vice Chair Ratcliffe commented the Commission only had engineering plans in the
packet and they just received landscape plans, inquired about the location of vegetated
swales, requested a unified plant palette, is concerned with the number of trees to be
removed, concurs the Fescue is too small and not durable, concurs with the use of
oaks, avoid invasive plants, Mexican Feather Grass is not appropriate by waterways,
and use native Carex rather than exotics.
Commissioner Cardoza commenting on the landscape palette:
• On Paseo Adelanto there is enough room for trees, maybe Sycamores;
• Consider using Oaks instead of Western Redbud;
• Along Del Obispo remove existing group of stumps, replace with trees, and use
Boston Ivy;
• Blue Fescue too small and ornamental;
• By Alipaz use more Sycamores and maybe Oaks;
• Maintain riparian corridor look.
Commissioner Neely commented he missed previous reviews, trying to get up to speed,
the DRC is a better forum for CIP review, the bridge railing detail should be replicated,
the railing is old and weathered, commented on AC band behind sidewalk, clarified
truck access, concerned with a bare area on the landscape plans and plant cover
should be installed, use landscaping to soften edges leading into hardscape with no
gaps, and discussed grade differences,
PC Minutes b February 10, 2009
Chair Cohen inquired if after widening will the road narrow towards Camino Capistrano,
Federal funding, the area to be widened, both sides of the street widened, and why
Caltrans review.
By general consensus the Planning Commission directed staff to forward all comments
to the City Council.
COMMISSION 1 STAFF COMMENTS
Deputy City Attorney .Jason Retterer announced that this was his last Planning
Commission meeting as he has accepted a job in Monterey County. Mr. Reterrer said it
has been a pleasure and rewarding to serve with the Planning Commission and staff.
Assistant Community Development Director Taylor thanked Mr. Retterer and wished
him well, referred to the memorandum regarding the Wall of Recognition Nominations,
and stated the Planning Commission agendas are full through April.
Commissioner Neely commented on the open space areas by the Shea property and
Shuller property, noted the contrast between the City of San Juan Capistrano and
Laguna Niguel at the border areas as San Juan colors are darker and natural as
compared to the lighter Laguna Niguel colors, the toll road is a huge visual impact, and
requested the City ask OCTA to paint the pylons to blend in more.
Commissioner Cardoza commented the backlog of projects will be challenging and
exciting, it has been a pleasure working with Public Works and Engineering to address
issues beforehand and he appreciates their cooperation.
Vice Chair Ratcliffe commended staff on enforcement of temporary signs recently, and
referred to an article she read using wood debris and stumps for riparian restoration.
Commissioner Kerr commented that Mr. D's Pizza in Marbella Plaza has a human
directional sign.
Chair Cohen commented the back of Marbella Plaza has a proliferation of banners.
ADJOURNMENT
Chair Cohen adjourned the meeting at 9:55 p.m.
Approved:
7 � v
Grant Taylor,
Assistant Community Development Director
PC Minutes y February 10, 2009