PC Minutes-2009-06-0932400 PASEO ADELANTO
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June 9, 2009
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Chair Cohen called the regular meeting of the San Juan Capistrano Planning
Commission Meeting to order at 6:30 p.m.
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Chair Cohen led the flag salute.
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PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene
Ratcliffe, Commissioner Tim Neely, Commissioner Robert Williams and Commissioner
Bruce Tatarian.
COMMISSIONERS ABSENT: Commissioner Ginny Kerr and Commissioner Jim
Mocalis.
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 May 26, 2009. Chair Cohen
announced the item and inquired if the Planning Commission had any comments or
corrections. Motion by Vice Chair Ratcliffe to approve the May 26, 2009 Planning
Commission Meeting Minutes, seconded by Commissioner Tatarian. The motion to
approve passed on a vote of 4-0-1 with Chair Cohen abstaining.
San Juan Capistrano: Preserving the Past to Enhance the Future
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NONE
1. ARCHITECTURAL CONTROL (AC) 09-004, SAN JUAN HILLS (GLENDALE
FEDERAL, AREA C-2); a request for approval of preliminary architectural plans, site
plans (subdivision lot plan), and landscape plans for 132 detached condominiums
located in Planning Subsector C-2 of the Glendale Federal Comprehensive
Development Plan, a portion of a 415 acre planned community development located at
the intersection of Camino Del Rio and Vista Granada and located approximately 1600
feet south of San Juan Creek and directly west of Via Entrada. (APN 666-451-25 & 47
to 58)(Applicant: Nelson Chung, Pacific Communities Builders)(Project Manager: Justin
Kirk, Associate Planner).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report stating the applicant is
requesting approval of architectural, site and landscape plans for a previously approved
132 unit residential condominium project in Subsector C-2 of the Glendale Federal
Comprehensive Development Plan (CDP) 81-02. Mr. Kirk stated the property is
designated Medium Density Residential allowing 3.5 to 5 dwelling units per acre and is
also designated MU (Mixed use residential) that allows development of various housing
types including the proposed single-family detached condominiums. Mr. Kirk
summarized City Council approval in 1989 of a Vesting Tract Map that grants authority
to develop the project at a density of 4.55 dwelling units per acre providing a parking
ratio of 3.11 stalls per residence in lieu of the minimum required 2.80 stalls per
residence. Parking consists of two -car garages, 109 on -street parking stalls (one -side
only), and 38 guest parking stalls in the project.
Mr. Kirk responding to Commissioner questions and comments stated the HOA CC&R's
mandate garages be used for parking but the Municipal Code does not state that
requirement, the development to the north has similar parking provisions that have
proven adequate, there are no municipal code provisions for RV spaces and there are
no RV storage areas in Subsector C-2 but the residents can use the existing RV storage
facilities in Glendale Federal, the project is a gated community, the residents do pay
street maintenance fees but the streets have been dedicated to the City, construction
bonds would ensure the developer repair any streets he may damage, construction
days and hours are limited by the Municipal Code, concurs condition 1.10 can be
amended to include gate monitoring provisions, the Glendale Federal community was
master planned to address traffic and parking upon build out, and conditions of approval
require final DRC approval of landscaping and elevation plans.
Deputy City Attorney Diego Santana commented that the developer has to identify
project phasing and park development to the Department of Real Estate and such
provisions are usually located in the development agreement.
PC Minutes 2 June 9, 2009
Public Comments
Nelson Chung, Pacific Builders, 1000 Dove Street #100, Newport Beach, CA is the
developer who spoke in support of the project and stated he concurs with the staff
report and is available to answer questions. Mr. Chung commented the project was
significantly delayed due to grading, excavation and compaction problems of the soil. In
rebuttal to public comments, Mr. Chung stated the common gate will not be left open
after hours and they pay a bond to repair any street damage.
Robert Milkey, 2906 Paseo Hacienda, SJC is the HOA president of Subsector C-1 and
expressed concern with potential street damage to Via Entrada from construction trucks
and future traffic upon project completion.
David Lavise, 31262 Calle Valero, HOA president of Subsector C-3 expressed concern
with construction traffic, security, closing the common gate, potential road damage and
parking.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not limited to:
• Architectural plans;
• Site plans;
• Subdivision lot plans;
• Landscape plans.
Commissioner Tatarian inquired about the reason for the long development delay,
expressed concern if there will be adequate parking, inquired if the Municipal Code
and/or CC&R's mandated garages be used for parking, if parking provisions are similar
to the development to the north, and commented only 16% of the residences would
have driveways.
Commissioner Williams inquired if the project were a gated community, if the streets
were private or public, and timing of the park construction, and commented that he is
concerned with adequate parking and concurred with comments from the DRC review.
Vice Chair Ratcliffe identified an error in the findings saying maximum density should
state 5 not 3.5 dwelling units per acre, and commented she is satisfied with the parking
provisions, knows people in adjacent developments to the north and parking is not an
issue there, appreciated the applicants explanation of soil conditions, and requests final
DRC approval of landscaping and architecture plans.
Commissioner Neely confirmed that a vested map locks in standards at the time of
approval and limits Planning Commission discretion, commented the CC&R's link the
City to enforcement powers, condition 1.10 traffic control plan can be amended to
include gate monitoring, construction bonds ensure repair of streets, and the City
inspectors need to inspect streets and other aspects of the project for damage.
Chair Cohen inquired if the project area has an RV storage site or can the residents use
the RV facility at La Novia Avenue, if the City can monitor street damage and confirmed
PC Minutes 3 June 9, 2009
the streets are public. Chair Cohen commented he is concerned with parking as
garages are often used for storage, the vested map limits Planning Commission
discretion, and concurred with Commissioner Neely to amend condition 1.10 to include
gate monitoring.
Motion by Vice Chair Ratcliffe to approve Architectural Control (AC) 09-004 subject to
modifying condition 1.10 to require the developer monitor the access gate, seconded by
Commissioner Neely. The motion to approve passed on a vote of 5-0.
NONE
1. APPEAL OF DENAIL OF SIGN PERMIT (SP) 09-006; a request to install building
mounted signage at 31878 Del Obispo, #128. Verizon Wireless appeal of a sign permit
denial. (APN 668-241-22) (Appellant: Mo Honarkar, 4G Wireless)(Case Planner: Nick
Taylor, Planning Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the appellant is
appealing Community Development Department staff denial of a sign permit application
for the Verizon Wireless business located within the Del Obispo shopping center. Mr.
Taylor stated the approved sign program identifies Sign Type "A" as a hanging cabinet
sign designated for in-line tenants with less than thirty lineal feet of shop frontage. Sign
Type "B" is internally -illuminated building -mounted channel letters that are designated
for "major tenants" having more than 30 lineal feet of shop frontage. The property
owner has identified three (3) major tenants including Marshalls, Blu Echo and the
former Wherehouse suite. The Verizon Wireless location totals 1,020 square feet which
is substantially less than the 4,960 square feet of the smallest major tenant. Verizon
Wireless does have 30 lineal feet of shop frontage, however the sign program for Type
"B" sign also requires the channel letters be centered on the building fascia between
architectural pop -outs and a minimum of 2'-0" of horizontal clearance be maintained
between any corner, angle or obstruction which does not occur at the Verizon location.
The Community Development Director or his designee has the authority to allow
flexibility with the sign program. The Assistant Director approved a Type "A" sign but
denied the Type "B" sign for the following reasons:
• Not a major tenant;
• Does not exceed 30 lineal feet;
• Sign would not maintain 2'-0" clearance from corners or angles;
• Has a substantially smaller lease area than the major tenants;
• Property owner has not identified Verizon as a major tenant;
• If approve Type B sign for Verizon, have to approve for other non major tenants;
• Appropriate procedure would be to pursue a sign program modification.
PC Minutes 4 June 9, 2009
Nick Taylor summarized the chronology of events with the Verizon Wireless sign permit
application submittal, permit denial, unauthorized sign installation, and subsequent code
enforcement case.
Planning Technician Nick Taylor responding to Planning Commission questions and
comments distributed photographs, stated the applicant did start construction and install
a sign without permits, the sign has been removed, confirmed Verizon Wireless has 30
lineal feet of shop frontage, confirmed previous violations by the applicant for banners,
balloons and other temporary signs, confirmed the Blu Echo sign does meet code and
has a permit, commented the California Surf and Sport Store is in another center with a
different sign program, and confirmed the Council approved Urgency ordinance allowing
extended time for banners expires on June 30, 2009.
Assistant Community Development Director Grant Taylor commented he denied the
sign permit application as it did not comply with the approved sign program, the
applicant installed the unauthorized sign anyway, the applicant refused to remove the
sign so the tenant was referred to the City Prosecutor, the applicant finally removed the
unauthorized sign and submitted the same sign permit application. Mr. Taylor
commented that the applicant has not complied with code requirements or staff
directions, has had other code violations including banners, balloons, and a mattress
made up as a cell phone, and has made no effort to work with staff. Mr. Taylor further
commented that the applicant and property owner were advised the proper process
would be for Verizon Wireless to submit a sign program modification application,
otherwise staff would be in a position to allow all tenants to have Type B major tenant
signs which would lead to a proliferation of signs and blight of the center.
Grant Taylor responding to Planning Commission questions and comments stated the
applicant and property owner have been advised to pursue a sign program modification,
the application requires written approval of the property owner, pointed out the lease
agreement identifies property owner approval subject to City code compliance, if staff
approves a Type B sign for Verizon Wireless we should approve Type B signs for other
non major tenants, reiterated the applicant and Verizon Wireless representatives have
not been code compliant or cooperative with staff and stated once the Urgency
Ordinance for banners expires staff can grant a maximum of 32 additional days for a
banner..
Deputy City Attorney Diego Santana commented that cities are not obligated or required
by law to comply with tenant lease agreements.
Public Comments
Sidney Sadeghi, Sadeghi & Associates, 2967 Michelson Drive #G255, Irvine, CA
attorney for applicant Mo Honarker, spoke on behalf of Mr. Honarker encouraging the
Planning Commission to approve the Type B sign for the following reasons:
• Landlord approved Type B sign;
• Type A signs are for tenant spaces less than 30 lineal feet;
• Municipal Code Section 9-3.543 allows the Director flexibility on sign approval;
• Another tenant, California Surf and Sport has a Type B sign;
PC Minutes 5 June 9, 2009
Economy is down and Verizon Wireless needs the sign;
Type B sign has better aesthetics.
Planning Commission Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• Sign application request;
• Municipal Code Requirements, Section 9-3.543;
• Reason for sign permit denial;
• Reasons for appeal request.
Commissioner Williams inquired if there is only a banner present now, if the tenant
started construction without a permit, and commented he supports the smaller Type A
sign in this case.
Commissioner Tatarian inquired about the lineal frontage of Blue Echo, verified Verizon
Wireless has 30 lineal feet of frontage, inquired if 30 lineal feet allows the Director
discretion, commented other businesses in the center would likely want Type B signs,
and inquired about the time frame to process a sign program modification.
Vice Chair Ratcliffe commented on the photograph of the Verizon Wireless tenant
space, confirmed the start and end of the 30 lineal foot tenant space, and commented
she prefers a sign program modification rather than allowing the Type B sign,
Commissioner Neely inquired if the Blu Echo sign complies with code requirements as
the design is pathetic, could support one Type B sign and no Type A, concurs with Vice
Chair Ratcliffe that processing a sign program amendment is appropriate, and inquired
about extending the banner permit time limit to allow the applicant time to complete the
sign program modification process.
Chair Cohen inquired about enforcement of banners, balloons and other signs, if the
tenant could apply for the sign program modification, commented other businesses
would likely want Type B signs, he can support a sign program modification, and the
center businesses need help.
Motion by Commissioner Tatarian to approve one Type B sign and no Type A,
seconded by Commissioner Williams. Motion failed by a vote of 2-3.
Motion by Commissioner Neely to deny the appeal and recommend the applicant apply
for a sign program modification, seconded by Vice Chair Ratcliffe. The motion to deny
the Appeal of Denial of Sign Permit (SP) 09-006 was approved by a vote of 5-0.
Assistant Community Development Director Taylor distributed a memo from staff to the
Planning Commission identifying zoning actions and future items for the DRC, Planning
Commission and City Council, distributed an updated conflict of interest map, and
stated the Planning Commission will meet tomorrow at Capistrano Collections for the
Forster Mansion sound check at the adjourned regular meeting.
PC Minutes 6 June 9, 2009
Commissioner Neely requested staff contact the owner of the Del Obispo Commercial
Center to address the 4 -way intersection within the property in the parking lot as it is a
traffic hazard. Staff confirmed they would contact the owner.
Chair Cohen adjourned the meeting at 7:48 p.m.
Approved:
Grant Taylor, Assistalrift Community Development Director
PC Minutes 7 June 9, 2009