PC Minutes-2009-07-1432400 PASEO ADELAN'T O f, MEMBERS OF THE CITY COUNCII.
SAN JUAN CAP§S'iRANO, CA 92-675
(949) 1179
SAM ALLEVATO
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July 14, 2009
PLANNING COMMISSION MINUTES
REGULAR MEETING
Chair Cohen called the regular meeting of the San Juan Capistrano Planning
Commission Meeting to order at 6:30 p.m.
B. PLEDGE OF ALLEGIANCE
Chair Cohen led the flag salute.
C. ROLL CALL
PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene
Ratcliffe, Commissioner Gi ny Kerr, Commissioner Jim Mocalis, and Commissioner
Robert Williams.
COMMISSIONERS ABSENT: Commissioner Tim Neely and Commissioner Bruce
Tatarian
D. ORAL COMMUNICATIONS
11�
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.
Chair Cohen announced that the two consent calendar items would be acted upon
separately.
1. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 23 2009. Chair
Cohen announced the item and inquired if the Planning Commission had any comments
San Juan Capistrano: Preserving the .fast to Enhance the Future
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or corrections. Motion by Commissioner Mocalis to approve the June 23, 2009
Planning Commission Meeting Minutes, seconded by Vice Chair Ratcliffe. The motion
to approve passed on a vote of 4-0-1 with Commissioner Kerr abstaining.
2. LAND USE DETERMINATION (PLANNING COMMISSION INTERPRETATION -
PCI) 09-001 DANCE 210 VALET PARKING; a request for approval of a proposed valet
parking management plan for 210 Dance, located at 32124 Paseo Adelanto, Suites #4
and #5 (APN 668-082-02 and 668-082-04)(Applicant: John Supple)(Project Manager:
Nick Taylor, Planning Technician).
Assistant Community Development Director Taylor presented the staff report stating the
applicant is requesting final approval of a proposed valet parking management plan for
210 Dance, a restaurant, bar, and dance club located in Sycamore Plaza. The Planning
Commission granted conceptual approval and required the item be reviewed after a 60 -
day trial period. Staff has received no complaints or comments.
Chair Cohen inquired about the number of vehicles observed by staff and if a condition
should be added that if the valet parking violates conditions of approval or becomes a
nuisance the approval can be revoked.
Assistant Community Development Director Taylor commented staff has observed
fewer than five vehicles on all inspections and Condition #2 in the attached resolution
states "the Community Development Director, or his designee, shall have the right to
revoke this approval, should he determine the operation of the valet parking adversely
impacts the businesses in the vicinity."
Motion by Vice Chair Ratcliffe to adopt the attached Resolution approving PCI 09-001,
the valet parking management plan for 210 Dance, seconded by Commissioner Kerr.
The motion to approve passed on a vote of 5-0.
F. CONTINUED PUBLIC HEARINGS
1. CONSIDERATION OF GENERAL PLAN AMENDMENT GPA 06-03 REZONE
(RZ) 06-06, ARCHITECTURAL CONTROL (AC) 07-22, ST. MARGARET'S
EPISCOPAL SCHOOL MASTER PLAN: a request for approval of development plans to
expand an existing K-12 private school campus by 69,977 gross square feet (GSF) from
157,731 to 227,708 GSF and to expand the campus acreage from 17.48 to 26.64 acres
located at 31641 La Novia Avenue, and generally located along the west side of La
Novia Avenue between Calle Arroyo and Rancho Viejo Road and the north side of Calle
Arroyo between La Novia Avenue and Rancho Viejo Road. The master plan also
includes a parcel of the southeast corner of Calle Arroyo and La Novia Avenue, and the
Ortega Equestrian Center property. (APN 666-272-05 thru 08; 666-251-01 thru 05; 666-
261-01 thru 03 & 09 thru 11; 666232-04; 666-123-01, 02)(Applicant: St. Margaret's
Episcopal School, David Bush, Director of Finance & Operations)(Case Planner: William
Ramsey, AICP, Principal Planner).
PC Minutes 2 July 14, 2009
Commissioner Kerr recused herself from the item due to a potential conflict of interest
and left the Council Chambers.
Staff Presentation and Recommendation
Principal Planner Bill Ramsey presented the staff report stating the applicant is
requesting approval of the St. Margaret's Episcopal School (SMES) Master Plan that
includes proposed expansion of an existing K-12 private school campus. SMES has
indicated that they desire to request that the City Council enter into a development
agreement with the school and requests continuance of the public hearing to the
Planning Commission meeting on September 8, 2009, Mr. Ramsey commented on
issues and concerns raised by the Planning Commission at the last meeting. Mr.
Ramsey summarized code required and proposed parking for SMES at build out and
addressed peak parking demand, a parking and facilities management plan will be
required to allow only one facility (i.e. sports fields, performing arts building, or church)
be used at one time to assure adequate parking, the shared parking agreement with
the Ortega Business Center, there are no shared parking agreements for Cook's Park
or the Cottages Offices, the City Traffic Engineer will be present at the next meeting,
provided statistics on other schools in San Juan Capistrano, commented on view
simulations for the two-story elementary school, and summarized the David Taussig &
Associates economic analysis. Mr. Ramsey advised that staff has reviewed the
continuance request with the City Attorney's Office and recommends that the Planning
Commission accept public testimony, provide comments, and continue the item to the
regular meeting of the Planning Commission on September 8, 2009.
Mr. Ramsey responding to Planning Commission comments and questions stated the
existing access from Ortega Highway is a steep S-shaped drive and the Traffic Impact
Analysis recommends two-way traffic flow on the proposed access drive that would
connect the existing Ortega Highway entrance to the east side of the campus. Mr.
Ramsey also stated that a parking and facilities management plan will be required to
mitigate impacts at Ortega Business Center and the surrounding areas.
Public Comments
David Bush, St. Margaret's Episcopal School (SMES), 31641 La Novia Avenue, SJC
spoke in support. Mr. Bush spoke in support of a continuance of the Planning
Commission hearing to September 8, 2009 to provide an opportunity for SMES to
pursue a development agreement with the City Council. Mr. Bush responding to
Planning Commission inquires commented the Ortega Business Center has high
parking demand on athletic game nights and he supports a design for the Ganado
Parking Lot that is rural.
Delores Davis, 27601 Calle Arroyo, SJC, spoke in opposition, and stated that she lives
across Calle Arroyo from the proposed Ganado parking lot, should not mix cars with a
trail (note: the project does not propose to align the trail through the parking lot) ,
requested sound -proof windows for her home, the parking lot should be secured from
dusk till dawn, and the lot. should be screened with landscaping.
Planning Commissioner Comments and Questions
PC Minutes 3 July 14, 2009
The Planning Commission considered application issues to include but not limited to:
• General Plan Amendment;
• Rezone;
• Architectural Control;
• Environmental Review;
• Ganado Parking Lot;
• Ortega Equestrian Center;
• Shared Parking Agreements;
• Ortega Business Center;
• Circulation, access and parking;
• Drop-off/pick-up operations;
• Development Agreement.
Vice Chair Ratcliffe asked whether the Ortega Village Center access from Ortega
Highway would be altered, and if the Traffic Impact Analysis made a recommendation
for the Ortega access drive. Ramsey replied that the access would not be altered but
traffic control would need to be provided at the intersection of the Ortega entrance drive
and the school's planned access drive along the north edge of the campus.
Chair Cohen commented that he was at the Bad to the Bone Restaurant on a Friday
night last Fall during a SMES football game and there was no available parking in the
center. He inquired about plans to mitigate traffic during school sporting and special
events. Ramsey responded that the proposed mitigation measures provide for the
school to submit a facility management pian subject to City approval to assure that
school events do not exceed the available parking.
Motion by Commissioner Williams to continue the public hearing to the regular Planning
Commission meeting on September 8, 2009, seconded by Vice Chair Ratcliffe. The
motion to continue passed on a vote of 4-0-1 with Commissioner Kerr abstaining.
G. NEW PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT CUP 09-002 Veterina Medical and Surgical
Group (VSMG); a request for approval of establishment and right to operate a 9,413
square foot veterinary medical and surgical facility within an existing 9,413 square foot
suite. No exterior modifications or site improvements are proposed as a part of this
project. The proposed site is located at 31896 Plaza Drive, generally located
approximately 800 feet south of Del Obispo and 500 feet east of Camino Capistrano
and more specifically referred to as Assessor Parcel Number 668-451-01. (Applicant:
Veterinary Medical and Surgical Group, Orange County, Greg Stoutenburgh,
representative)(Project manager: Justin Kirk, Associate Planner).
Commissioner Kerr returned to her seat on the dais.
PC Minutes 4 July 14, 2009
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report stating the applicant is
requesting approval to establish and operate a 9,413 square foot veterinary medical and
surgical facility within an existing suite with no exterior modifications. The business
would operate 24 hours a day, 7 days a week, and no outside activities would be
permitted. The veterinary business would include various treatment, examination, and
operating rooms, with internal dog runs and diagnostic equipment. The proposed
business is located at 31896 Plaza Drive in the General Commercial zone within the
Home Furnishings Center. The property has use restrictions limiting the types of uses
not associated with Home Furnishings and on June 2, 2009 the Community
Redevelopment Agency (CRA) voted unanimously to support the conditional use permit
application to the Planning Commission. Mr. Kirk summarized parking requirements
and availability stating the business requires 192 stalls and 174 stalls are provided for a
18 stall deficiency. The 2007 parking study by Austin -Faust Associates determined that
existing parking was underutilized and more than sufficient parking is available for the
proposed use.
Mr. Kirk responding to Planning Commission comments and questions stated the tenant
suite is the large suite at the end of the building but only using two access doors as the
other door is a small separate suite. Mr. Kirk commented the CRA approved the
concept but the Planning Commission has authority over the conditional use permit, the
property is under a sign program, but discretionary applications can have relevant
conditions to include reducing sign area.
Public Comments
Gary Marquee, 30322 Marbella Vista, San Juan Capistrano, CA is a broker representing
the tenant and spoke in support of the application. Mr. Marquee responding to Planning
Commission questions commented that signage is not critical, is receptive to reduced
sign area, and existing signage in the center if not overdone.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• Land Use;
• Parking;
• Impacts on adjacent businesses;
• Signage.
Commissioner Kerr inquired if the business location was the large suite on the end of
the building with three access doors, and commented she supports the application.
Vice Chair Ratcliffe commented the proposal is an excellent project.
Chair Cohen inquired if the CFA approval tied the Planning Commission's hands and
inquired if reduced signage could be required under the sign program allowance. He
supports the project.
PC Minutes 5 July 14, 2009
Motion by Vice Chair Ratcliffe to adopt the attached resolution approving Conditional
Use Permit No. 09-002, seconded by Chair Cohen subject to limiting signs to standards
of the General Commercial zone rather than the sign program. Vice Chair Ratcliffe
concurred. The motion to approve as amended passed on a vote of 5-0.
2, CONSIDERATION OF GRADING PLAN MODIFICATION (GPM) 09-002
SCAROLA RESIDENCE, a request for review of design plans for the legalization of a
series of retaining walls and grading that was performed prior to the issuance of a
building permit or the approval of a Grading Plan Modification. (APN 675-3331-
04)(Applicant: Kurt Saxon)(Case Planner: Justin Kirk, Associate Planner).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report stating the applicant is
requesting approval to legalize a series of retaining walls and grading that was
performed prior to the issuance of a building permit, or the approval of a Grading Plan
Modification. The property is located at 33561 Valle Road in the McCracken Hill
subdivision subject to Specific Plan (SP) 02-01. Mr. Kirk summarized the long standing
code enforcement history of over five years, referenced photos of the property,
commented the property owner has not complied with staff recommendations to terrace
the walls, provide planting in between the walls and to blend the grading into the exiting
terrain. The property currently is developed with a single-family residence that has not
received a Certificate of Occupancy, the water and electricity were turned off due to
non-compliance, the ten -foot high retaining wall on the north property line and grading
exceed administrative approvals. The property is not consistent with the General Plan,
Municipal Code or Design Guidelines, creates abrupt grade changes along property
lines and disregards the preservation of natural slopes. Mr. Kirk commented that the
Design Review Committee (DRC) unanimously recommended denial of the Grading
Plan Modification and that the grade be returned to original grading configurations
consistent with the original administrative approval from 2002.
Mr. Kirk responding to Planning Commission comments and questions stated is the
Planning Commission supports a continuance, the item could be continued to the
August 25th meeting with review by the DRC on August 6t", if there is no compliance at
that time the application could be denied. Mr. Kirk commented prosecution could be
lengthy but the property owner has not shown intentions to comply. Mr. Kirk further
commented that the residence has not received a Certificate of Occupancy, the house
is consistent with the approved plans, the pool exceeds the developable area and the
spa and gazebo encroach in setbacks, the 1991 approval was grading for the
subdivision, approximately 25% of the retaining walls are consistent with staff approval
and the balance are illegal, and if new information is presented to the City Council they
may refer to the DRC and Planning Commission for recommendations.
Assistant Community Development Director Grant Taylor recommended that a
continuance, not be granted, the item be denied, and the applicant can appeal to the
City Council. Mr. Taylor commented that the property is the City's longest standing
code enforcement case, the property owner has blatantly violated city codes and does
PC Minutes 6 July 14, 2009
not follow staff instructions, does not accept responsibility for his actions, has not been
forthright, and staff has no reason to believe the owner will comply. Mr. Taylor further
commented that staff continued the DRC meeting for a month, the applicant came to
both the DRC and Planning Commission meetings with no revisions, the excuses for a
conflict with the DRC meeting are poor excuses and the neighbors have lived with
violations a long time. If the application is denied, the applicant still has time to appeal
and provide a revised plan for City Council consideration. The City Council may deny
the project, or if new information is submitted, may refer the application to the Planning
Commission and/or DRC.
Deputy City Attorney Diego Santana responding to Planning Commission questions
stated development that was approved by permit can remain, unauthorized
development must be removed, the Planning Commission may grant a continuance,
and the City Council has broad discretion in reviewing appeals.
Public Comments
Kurt Saxon, 1030 Calle Sombra, San Clemente, CA is the engineer, spoke in support
on behalf of the applicant. Mr. Saxon commented he had a conflict where he could not
attend the DRC meeting and requested a continuance to provide time to address
terracing that could be referred back to the DRC and ultimately the Planning
Commission.
Leslie Laurant, 33563 Valle Road, submitted a speaker slip but was not present.
Cori Powers, 33551 Valle Road, spoke in opposition, and made a video presentation.
Mrs. Powers commented the applicant added eight to ten feet of fill, the retaining wall is
unpermitted, grading sectional plans illustrate the Powers property elevation at 280 feet
and Mr. Scarola's elevation at 295 feet. The Scarola grading has caused seepage,
drainage and erosion problems on the Powers property.
Ted Powers, 33551 Valle Road, spoke in opposition, commenting they have had
erosion problems during the dry years and fears big problems during the rainy season,
a continuance is a waste of time, the plans do not reflect the original grade and 4,200
cubic yards of illegal fill has been imported.
Parviz Azar, 33762 Valle Road, spoke in opposition, stated he is a geotechnical
consultant and the added weight to the slope and septic tank will destabilize the slope
and result in potential landslides.
Keston Barker, 33591 Valle Road, spoke in opposition, stating the Building Code has
not been enforced, the applicant is requesting variances, and the added eight to ten feet
of fill obstructs his ocean view.
Richard Plump, 33812 Valle Road, spoke in opposition, commented he is a licensed
civil engineer, the residence can be raised and fill removed without demolishing the
house, works with code requirements and plan checkers daily, its easy to ask for
PC Minutes 7 July 14, 2009
forgiveness after the fact, the applicant's engineer plans benchmarks are wrong, the
plans are inadequate and the retaining wall is damaging the Powers wall.
Sharon Cheever, 33512 Valle Road, spoke in opposition, commented there are 32
homes in McCracken Hill and the City should enforce their codes.
Oystein Husoe, 33642 Valle Road, spoke in opposition, commented codes are for the
good of the City, codes should be followed, and most citizens follow the codes.
Kurt Saxon, applicant's engineer, spoke in rebuttal, reiterating he had a scheduling
conflict for the DRC meeting, he and his client have solutions consistent with staff
directions, and requested a continuance to the DRC meeting to allow him and his client
to present solutions.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• Retaining Walls;
• Grading;
• Imported earth (fill);
• Aesthetics;
• Views;
• Impacts on other properties;
• Building and Municipal Code violations;
• Architectural Design Guidelines;
• Code enforcement history.
Commissioner Williams inquired if a Certificate of Occupancy has been issued for the
residence, if the residence is consistent with the approved plans, if proposed property
improvements including the pool, spa and gazebo will fit on the property, what the 1991
approval authorized, and if all grading and retaining walls are illegal, when the next
DRC meeting was, and will a continuance just be a waste of time. Commissioner
Williams commented there is no proof the applicant will comply, and he could support a
two week continuance and bring back the resolution of denial for consent calendar if the
applicant does not make substantial progress.
Commissioner Mocalis inquired about steps staff took to remedy violations and
commented he is concerned with the length and history of the property, would like to
review original documents, five years is too long for compliance, there are no cross
sections submitted with the plans, would like to see existing elevations and as -built
plans, house is lovely, is concerned how the code case got to this level, and he does
not trust the applicant to perform.
Vice Chair Ratcliffe inquired if a continuance would help, and commented the situation
is very upsetting, the photos of violations are compelling, concerned with a potentially
wet winter and potential impacts on other homes in the area, the applicant has been
PC Minutes 8 July 14, 2009
uncooperative, is concerned with slope stability and the neighbors, and she supports
denial.
Commissioner Kerr commented she concurs with comments by Vice Chair Ratcliffe and
staff, five years is 4 '/2 years too long for compliance, a continuance will not help, the
owner has not cooperated, her biggest concern is geotechnical and slope stability, fast
action is needed, a geotechnical engineer and report is warranted, and she supports
denial.
Chair Cohen inquired about the code enforcement status and prosecution, and
commented he is concerned for the neighbors welfare, it's a double-edged sword that if
the City allows a continuance nothing may get accomplished and if the City denies it
may stop a remedy. Chair Cohen asked the Deputy City Attorney his thoughts on a
continuance, denial, and existing development.
Motion by Commissioner Mocalis to adopt the resolution denying Grading Plan
Modification (GPM) 09-002, seconded by Vice Chair Ratcliffe. The motion to deny
passed on a vote of 4-1 with Commissioner Williams voting no.
H. OLD BUSINESS
NONE
L NEW BUSINESS
NONE
J. COMMISSION I STAFF COMMENTS
Assistant Community Development Director Taylor distributed a memo from staff to the
Planning Commission dated July 14, 2009 identifying zoning actions and future items
for the Design Review Committee (DRG), Planning Commission and City Council. Mr.
Taylor commented that staff and the Planning Commission wished Commissioner
Tatarian well and a speedy recovery, commented Costco would be submitting an
application to build at Lower Rosan Ranch, reminded the Planning Commission about
the DVD training sessions next week, and requested a Commissioner attend the Design
Review (DRC) Committee meeting this Thursday, July 16, 2009.
Commissioner Kerr inquired about the status of banners and the status of the Quiet
Zone for railroad crossings.
Vice Chair Ratcliffe volunteered to attend the July 16, 2009 DRC meeting and inquired
about the status of the La Novia bridge project.
Assistant Community Development Director Taylor stated the urgency ordinance
extending the time limits that banners can be displayed has expired and code
enforcement has been notified to enforce banner removal. Mr. Taylor stated he did not
PC Minutes July 14, 2009
Know the status of the Quiet Zones or the La Novia Bridge project, he would ask Public
Works and report back.
Chair Cohen adjourned the meeting at 8:15 p.m.
Approved:
Grant Taylor, Assi�Aant Community Development Director
o `:
PC Minutes 10 July 14, 2009