PC Minutes-2009-04-2832400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAx
www.sanjuancapistrano.org
A. CALL TO ORDER
April 28, 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.
B. PLEDGE OF ALLEGIANCE
Chair Cohen led the flag salute.
C. ROLL CALL
PLANNING COMMISSIONERS PRESENT:
Commissioner Ginny Kerr, Commissioner
Tatarian.
Chair Sheldon, Vice Chair Gene Ratcliffe,
James Mocalis, and Commissioner Bruce
COMMISSIONERS ABSENT: Commissioner Tim Neely.
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 MEETING MINUTES OF APRIL 14 2009. Motion by
Commissioner Kerr to approve the April 14, 2009 Planning Commission Meeting
Minutes, seconded by Commissioner Tatarian. The motion to approve passed on a
vote of 5-0.
San Juan Capistrano: Preserving the Past to Enhance the Future
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2. PC RESOLUTION 09-4-14-2 CONDITIONALLY APPROVING
ARCHITECTURAL CONTROL (AC) 09-01, WHISPERING HILLS ESTATES —
RANCHO SAN JUAN. Motion by Commissioner Mocalis to adopt Resolution 09-4-14-2,
seconded by Commissioner Tatarian. The motion to approve passed on a vote of 3-0-2
with Commissioner Neely and Chair Cohen abstaining.
3. ARCHITECTURAL CONTROL (AC) 09-02, CHURCH IN SAN JUAN
CAPISTRANO MONUMENT SIGN: review and approve the revised monument sign.
(Applicant: Gary Martin)(Project Manager: Justin Kirk, Associate Planner).
Motion by Commissioner Kerr to adopt the attached resolution and elevation approving
the revised monument sign, seconded by Commissioner Tatarian. The motion to
approve passed on a vote of 3-0-2 with Commissioner Neely and Chair Cohen
abstaining.
F. PLANNING COMMISSION REORGANIZATION
1. PLANNING COMMISSION REORGANIZATION: selection of a Planning
Commission Chair and Vice Chair, appointees to the Design Review Committee (2
members and 1 alternate), and one appointee to the Housing Advisory Committee.
Chair Cohen opened nominations for Planning Commission Chair. Commissioner
Tatarian nominated Sheldon Cohen, seconded by Commissioner Neely. No further
nominations were made. The motion to appoint Sheldon Cohen Chair passed on a vote
of 5-0.
Chair Cohen opened nominations for Planning Commission Vice Chair. Commissioner
Kerr nominated Gene Ratcliffe, seconded by Commissioner Tatarian. No further
nominations were made. The motion to appoint Gene Ratcliffe Vice Chair passed on a
vote of 5-0.
Chair Cohen opened nominations for Design Review Committee (DRC) to include two
members and one alternate. Commissioner Tatarian nominated Tim Neely and Ginny
Kerr as DRC members and Robert Williams as DRC ' alternate, seconded by
Commissioner Mocalis. No further nominations were made. The motion to appoint Tim
Neely and Ginny Kerr DRC members and Robert Williams as DRC alternate passed on
a vote of 5-0.
Chair Cohen opened nominations for Housing Advisory Committee (HAC) for one
member. Commissioner Neely nominated Gene Ratcliffe, seconded by Commissioner
Kerr. No further nominations were made. The motion to appoint Gene Ratcliffe as
HAC member passed on a vote of 5-0.
PC Minutes April 28, 2009
G. CONTINUED PUBLIC HEARINGS
1. CONTINUED CONSIDERATION OF REZONE (RZ) 07-02, ARCHITECTURAL
CONTROL (AC) 07-17, GRADING PLAN MODIFICATION (GPM) 07-01, AND
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 (GSF), 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) (Representative: Gloria Broming, LPA Inc.)(Applicant/Developer: Scott Meserve,
Koll Company)(Case Planner: William Ramsey, AICP, Principal Planner).
Staff Presentation and Recommendation
Principal Planner Bill Ramsey presented the staff report stating the project to develop a
68,000 square foot commercial office complex consisting of nine buildings has been
reviewed by the Planning Commission on February 10, February 24, and March 24,
2009. The Circulation Element of the Draft Environmental Impact Report (DEIR) was
re -circulated due to comments from the cities of Mission Viejo and Laguna Niguel. The
45 -day public review period ends on May 21 and staff recommends that the item be
continued to May 26, 2009.
Public Comments
Scott Meserve of the Koll Company commented there was no new information and he
was available to answer questions.
Planning Commissioner Comments and Questions
Chair Cohen asked the City Attorney if it was appropriate to discuss the item tonight as
policy has been to review a full entitlement application and competed EIR. City Attorney
Sandoval commented the entire item is listed on the agenda so it is up to the discretion
of the Planning Commission.
Commissioner Neely asked the City Attorney if procedurally it is safer to review the
Final EIR before deliberations. City Attorney Sandoval commented on CEQA and
Municipal Code requirements, some of the entitlements are legislative and some quasi
judicial, the Commission may deliberate but it has been a long standing policy to have
the EIR and review the full package rather than in parts.
Commissioner Mocalis concurred with Chair Cohen and Commissioner Neely that the
Planning Commission should wait for the EIR and review all the applications
concurrently.
Motion by Commissioner Mocalis to continue the item to the May 26, 2009 Planning
Commission meeting, seconded by Commissioner Tatarian. The motion to continue
passed on a vote of 4-1 with Commissioner Kerr voting no.
PC Minutes 3 April 28, 2009
2. CODE AMENDMENT (CA) 07-05 — COMPREHENSIVE SIGN ORDINANCE
UPDATE: review of.a draft ordinance updating San Juan Capistrano Municipal Code
Section 9-3.543, regulating signs. Amendments include but are not limited to sign
location, size, height, materials, colors, and temporary signs. (Applicant: City of San
Juan Capistrano)(Project Manager: Grant Taylor, Assistant Community Development
Director).
Staff Presentation and Recommendation
Assistant Community Development Director Grant Taylor presented the staff report
stating Code Amendment (CA) 07-005 is a proposal to amend San Juan Capistrano
Municipal Code Section 9-3.543 regulating signs in its entirety. The draft ordinance
proposes amendments to include but not be limited to sign location, size, height,
materials, colors, and temporary signs. Mr. Taylor summarized that the Planning
Commission and City Council began review of building mounted and monument signs in
2007, directed staff to pursue a comprehensive update to the entire sign code, Council
authorized a Sign Subcommittee in January 2008 with Council Member Tom Hribar as
Chair, the Sign Subcommittee conducted six (6) meetings, the Planning Commission
conducted four (4) work sessions to review the ordinance page by page, and the
Planning Commission is now conducting a second public hearing. Mr. Taylor stated
based on comments from the Planning Commission and general public at the last
Planning Commission meeting on March 24, 2009 and staff efforts to tighten the
temporary sign provisions, sixteen (16) edits to the draft ordinance are proposed that
are highlighted on the track change ordinance. Mr. Taylor invited Council Member
Hribar and Sign Subcommittee member and DRC member Bob Cardoza to the table to
provide comments and answer questions.
Assistant Community Development Director Taylor responding to comments and
questions stated a standard to base real estate sign size on distance from the curb
would be difficult to enforce, concurred the campaign signs 50 foot separation and one
per parcel should be put back in the ordinance, concurred the window sign provision
that all advertising inside a building window visible to the public right-of-way is a sign is
over encompassing and should be removed, concurred with Mr. Peshkin's request to
add language to the lighting intensity provision, and disagreed with Mr. Peshkin to
include objective lighting criteria as staff does not have lighting expertise, technology
changes, and lighting intensity is addressed for all lighting (i.e. parking, pedestrian,
building, recreational) in Municipal Code Section 9-3.529.
Public Comments
Joel Peshkin, 31851 Paseo Terraza, SJC spoke in support of the ordinance and
requested that on Page 4, subsection (D) pertaining to "lighting intensity", add the
wording "at any given time" to the end of the first sentence. Mr. Peshkin also requested
the Planning Commission consider objective illumination criteria such as "NITS" and
suggested a sign contractor make a lighting intensity demonstration.
Council Member Hribar commented on the Sign Subcommittee review of real estate
signs, the real estate market, industry standards and that signs on lots greater than one
PC Minutes 4 April 28, 2009
acre was reduced from 32 to 16 square feet. Mr. Hribar inquired about considering real
estate sign size by distance from the curb, and suggested amending language for real
estate signs changing from one sign per frontage to one sign per 750 or 600 lineal feet
of frontage.
Sign Subcommittee and DRC member Bob Cardoza commented on the Sign
Subcommittee concerns, issues with poor existing signs, the special character of San
Juan Capistrano and the diligent review by the Sign Subcommittee and Planning
Commission at their work sessions that he participated in.
Planning Commissioner Comments and Questions
The Planning Commission reviewed and discussed the following sign criteria:
• Location;
• Size;
• Height;
• Materials;
• Colors;
• Illumination;
• Temporary Signs;
• Legal Constraints.
Commissioner Tatarian commented that real estate sign sizes are proposed to increase
especially adjacent to the 1-5 Freeway and suggested reducing real estate freeway sign
size by right from 48 to 32 square feet. The provision that similar campaign signs be
prohibited within 50 feet of each other and only one sign on the same parcel as other
same or similar signs should be put back in the ordinance. Overall the proposed
ordinance is good and is ready to move forward.
Commissioner Kerr inquired about enforcement of sign provisions, inquired about non-
commercial signs, identified a typographical error and supports the ordinance.
Commissioner Mocalis had no comments.
Commissioner Neely had no comments.
Chair Cohen commented real estate signs along the 1-5 Freeway are farther from the
right-of-way requiring larger size, expressed concern with the provision that any
advertisement inside a building visible from the right-of-way are window signs as that
would include any signs including grocery stores, concurred to Council Member Hribar's
proposal to amend real estate sign language from one sign per frontage to one sign per
600 lineal feet of frontage.
Motion by Commissioner Kerr to adopt the attached resolution recommending that the
City Council certify the Negative Declaration and adopt an ordinance approving Code
Amendment (CA) 07-05 regulating signs as amended, seconded by Commissioner
Tatarian. The motion to approve passed on a vote of 5-0.
PC Minutes 0 April 28, 2009
Assistant Community Development Director Taylor confirmed amendments to include:
• Section 9-3.543 (b)(6)(D), lighting intensity;
• Section 9-3.543 (f)(2)(C)(6), elections signs;
• Section 9-3.543 (f)(2)(H), real estate signs;
• Section 9-3.543 (g) Table 3-42, permanent window signs.
H. NEW PUBLIC HEARINGS
1. ARCHITECTURAL CONTROL (AC) 09-007 WESELOH NISSAN: a request for
review and approval of preliminary design plans for proposed development of a new
7,216 square foot structure which will house 15 service bays, offices, and tool and parts
storage on a 7.02 acre parcel located at 33555 Camino Capistrano, generally located
on the west side of Camino Capistrano between Avenida Aeropuerto and Stonehill
Drive, more specifically referred to as APN 121-240-19 (Applicant: John Morgan)(Case
Planner: Justin Kirk, Associate Planner).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report stating that Weseloh Nissan is
requesting approval to construct a 7,216 square foot service building located toward the
rear of the property that is largely blocked by an existing building. The project includes
addition of landscaping and removal of one light pole and no additional lighting is
proposed. In addition, a lot line adjustment would be performed to provide minimum
setbacks for the new building.
Associate Planner Kirk responding to Planning Commission inquiries commented
additional landscaping would soften the new building edges, the same person does own
both parcels, and the only exterior augment would be a new sign.
Public Comments
John Morgan, Weseloh Nissan representative, spoke in support stating they had
addressed comments from the DRC, the building is only visible from the park across
San Juan Creek in Dana Point, and they will add trees at the rear to screen.
Joel Peshkin, 31851 Paseo Terraza, SJC confirmed there would be no additional
lighting added to the new building.
Planning Commissioner Comments and Questions
The Planning Commission reviewed and discussed the following issues:
• Building location;
• Building colors;
• Landscaping;
• Lighting.
Commissioner Tatarian inquired about softening the edges of the proposed building.
PC Minutes 6 April 28, 2009
Commissioner Kerr inquired if the property owner of both parcels is the same.
Chair Cohen inquired if there would be any exterior augments on the new or existing
buildings.
Motion by Commissioner Kerr to adopt the attached resolution approving Architectural
Control (AC) 09-007, seconded by Commissioner Mocalis. The motion to approve
passed on a vote of 5-0.
I. OLD BUSINESS
NONE
I. NEW BUSINESS
1. PLANNING COMMISSION INTERPRETATION (PCI) 09-001; a request for
approval of a proposed valet parking management plan for 210 Dance, a restaurant, bar
and dance club located at 32124 Paseo Adelanto #4 & #5. (APN 668-082-02.
(Applicant: John Supple)(Project Manager: Nick Taylor, Planning Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor Kirk presented the staff report stating the applicant has
established 210 Dance, a restaurant, bar and dance club in Sycamore Plaza in the CM
(Commercial Manufacturing) zone. The applicant is requesting approval of a valet
parking program for the establishment beginning at 5:00 pm. seven days a week, and
reviewed their proposed site plan. Mr. Taylor commented that staff had reviewed the
proposal with the City Traffic Engineer, had concerns with pinch points and vehicle
stacking, and reviewed an amended staff proposed site plan. Mr. Taylor stated staff
recommends that the valet parking be approved beginning at 6pm, Thursday through
Sunday only and recommended the item come back in sixty (60) days to review
potential impacts. Mr. Taylor commented staff received a letter from the Serra Plaza
owners claiming the property line between Serra Plaza and Sycamore Plaza runs down
the center of the north drive aisle in the valet parking plan.
Planning Technician Taylor responding to Planning Commission questions and
comments stated the north drive aisle is two way, a sign would be located before the
valet station directing customers to valet or self park, the restaurant, live entertainment
and alcohol are permitted by right in the CM zone, the Municipal Code requires one
parking stall per 400 feet of dining area for restaurants, no new lighting is proposed and
staff doesn't having existing lighting information available, and because the use is
permitted by right a parking analysis was not performed and do not know the current
number of parking stalls in Sycamore Plaza,
Senior Engineer — Traffic Alan Oswald commented he does not recommend three
vehicle wide stacking at the valet station drop off location, two vehicle wide is preferred,
he counts 119 parking stalls on the site plan, is concerned with vehicle pinch points on -
PC Minutes t April 28, 2009
site and vehicle stacking spilling onto Paseo Adelanto, and recommends the revised
staff site plan.
Assistant Community Development Director Taylor commented the Municipal Code
requires one stall per 400 square feet of dining area and one stall per three persons for
maximum occupancy at dance facilities. Mr. Taylor commented the Municipal Code
permits restaurants, live entertainment, dance clubs and alcohol by right in the CM zone
but specifically requires Planning Commission approval of valet parking programs. Mr.
Taylor commented codes in other cities require Conditional Use Permits for any alcohol
and/or public assembly facilities and we may want to consider a code amendment.
Public Comments
Diana Roberts, Dance 210 owner/operator spoke in support, distributed a valet analysis
to the Planning Commission, commented she prefers valet parking directly in front of
her business pursuant to the proposed plan, the business totals approximately 4,700
square feet and is open until 10pm on weekdays and 11 pm on weekends, and the
occupancy is 247 people.
John Supple, 887 Center Street #1, Costa Mesa, CA is the valet parking contractor who
commented his proposed plan is more efficient summarizing stacking, circulation, valet
station location that does have key and cash boxes, valet parking locations, the
common property line on the north drive with Serra Plaza has a reciprocal vehicle
access agreement and Serra Plaza requested money.
Planning Commissioner Questions and Comments
The Planning Commission reviewed and discussed sign issues related to:
• Valet station location;
• Vehicle circulation;
• Vehicle stacking;
• Valet parking locations;
• Days and hours of valet operation;
• Future review;
• Applicant plan vs. staff plan
Commissioner Neely commented the north property line drive aisle should have a
reciprocal access agreement, inquired if that drive aisle was one or two way, and
commented he didn't understand why the item was before the Planning Commission.
Commissioner Tatarian commented on the area when customers must decide to valet
or self park, inquired if three cars could fit in the valet station drop off area, are existing
parking stall numbers sufficient for peak capacity, where do self park customers turn,
commented nobody parks behind Building B, is concerned with valet stalls in front of the
business, and prefers the applicant proposal.
Commissioner Mocalis commented the letter to the other tenants identifies valet start
time as 6pm and the application requests a 5pm start time, a parking analysis of the
PC Minutes 8 April 28, 2009
entire center would be helpful, inquired about the number of valet cars anticipated,
concerned with the 60 day review period and maybe a longer period would be better,
concerned with the reciprocal drive access, and prefers the applicant's proposal.
Commissioner Kerr commented she is concerned with parking behind Building B,
inquired about the number of expected customers between 2pm and 6pm, valet parking
is good security, concerned with the location of the valet stand, supports the 60 day
review, and prefers the applicants plan.
Chair Cohen inquired about municipal code parking requirements for 210 Dance,
lighting, maximum occupancy, the total number of existing parking stalls in Sycamore
Plaza, and if the valet stand has a key box and cash box. Chair Cohen commented the
business opened a few days ago, agrees to a short time to revisit the item, prefers the
applicant plan, concurred with Commissioner Neely about the Planning Commission
need to review the valet parking, and suggested the applicant block off valet parking
north of Building A.
Motion by Commissioner Tatarian to adopt the attached resolution approving PCI 09-
001 as amended, seconded by Commissioner Mocalis. The motion to approve passed
on a vote of 5-0.
Assistant Community Development Director Taylor confirmed that the Planning
Commission approved the applicant proposed site plan, valet service begins at 6pm
Thursday through Sunday, valet parking be blocked off north of Building A, and the
application will be reviewed in 60 days which would be on July 14, 2009.
COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor summarized land use reviews by the
Planning Commission, DRC and City Council.
Commissioner Neely announced he would be out of town most of the month of May and
anticipated missing the May 12 Planning Commission and May 7 and May 21 DRC
meetings. Commented on the San Juan Mobile Estates Tree Removal "hung jury" item
at the last Planning Commission meeting stating Ficus trees are an abomination and
need to be removed, don't need more trees at the location but better trees, the
appropriate species of trees, and too dense of trees blocks views. Commissioner Neely
also commented on a potentially flawed code requirement for the Planning Commission
to review valet parking programs for permitted uses.
Commissioner Mocalis passed.
Commissioner Tatarian passed.
Commissioner Kerr commented the speed limit sign on Ortega Highway by the Oaks
Stables is obscured by trees that need trimming. City Attorney Omar Sandoval
commented staff would need to check if the trees are owned by the City or Caltrans.
PC Minutes V April 28, 2009
Chair Cohen commented on the code requirement for the 210 Dance valet parking
program be approved by the Planning Commission agenda.
Assistant Community Development Director Grant Taylor stated that live entertainment
and dancing facilities are permitted uses in the CM (Commercial Manufacturing) zone,
however, the Municipal Code specifically requires that valet parking programs require
Planning Commission approval, which is awkward.
ADJOURNMENT
Chair Cohen adjourned the meeting at 9:10 p.m.
Approved:
Grant Taylor,
Assistant Community Development Director
PC Minutes 10 April 28, 2009