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PC Minutes-2009-07-2832400 PASEO ADELANTO SAN JUAN CAPIST ANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www. sanjuancapastrana arg A. CALL TO ORDER MEMBERS OF THE CITY COUNCIL SAM ALLEVATO I d[6NP�W�rf o LAV RA FREESE EST9EtISIIfH } � I THOMAS W. HRIBAR 1776 MARK NIELSEN OR. LONDRES USO July 28, 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 Ginny Kerr, Commissioner Tim Neely, Commissioner Jim Mocalis, and Commissioner Robert Williams. COMMISSIONERS ABSENT: Commissioner Bruce Tatarian D. ORAL COMMUNICATIONS N 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. Commissioner Kerr inquired if she should abstain from voting on the minutes since she recused herself from one item. Deputy City Attorney Santana commented that since Commissioner Kerr participated in the remainder of the agenda items she could vote on the minutes. San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100% recycled paper 1. APPROVAL OF REGULAR MEETING MINUTES OF JULY 14 2009. Chair Cohen announced the item and inquired if the Planning Commission had any comments or corrections. Motion by Commissioner Mocalis to approve the July 14, 2009 Planning Commission Meeting Minutes, seconded by Vice Chair Ratcliffe. The motion to approve passed on a vote of 5-0-1 with Commissioner Neely abstaining. Chair Cohen reorganized the agenda to hear New Public Hearing agenda items G1 and G2 prior to the Continued Public Hearing agenda item. G. NEW PUBLIC HEARINGS 1. CONSIDERATION OF APPROVAL OF THE FY 2008-2009 STATE OF CALIFORNIA COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE PERFORMANCE REPORT. (Applicant: City of San Juan Capistrano)(Project Manager: Laura Stokes, Housing Coordinator). Staff Presentation and Recommendation Housing Coordinator Laura Stokes presented the staff report stating the City receives State grant funds through the Community Development Block Grant (CDBG) for housing projects, owner -occupied home rehabilitation loans and technical assessment reports. The Department of Housing and Community Development requires the City to conduct a public hearing to report the City's progress on the CDBG activities. During the reporting period income was used for the Habitat for Humanity project, a zero - percent deferred payment housing rehabilitation loan and delivery services. Public Comments None Planning Commissioner Comments and Questions None Motion by Vice Chair Ratcliffe to approve the Community Development Block Grant Grantee Performance Report, seconded by Commissioner Kerr. The motion to approve passed on a vote of 6-0. 2. CONDITIONAL USE PERMIT (CUP) 09-004, KRUM RESERVOIR SCADA ANTENNA; a request to install and maintain a SCADA (Supervisory Control and Data Acquisition) antenna related to operation of components of the City's water and sewer utilities systems located on the Krum Reservoir site on the Glendale Federal "North Public Lands". (APN 666-012-07)(Applicant: City of San Juan Capistrano)(Project Manager: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the City proposes installation and operation of a SCADA (Supervisory Control and Data Acquisition) antenna at the Krum Reservoir site as a repeater station for City water and sewer facilities. The proposed 40,-0" tall antenna is necessary to provide adequate signal to PC Minutes 2 July 28, 2009 the SCADA central location at City Hall. The antenna is not solid construction, has a matte grey finish and is located far from residential areas. Senior Engineer Chuck. McBride, responding to Planning Commission comments and questions stated the proposed location is preferred as there are no sight obstructions, is within a secured area, and the Utilities Department has no intention of allowing private uses on a public facility. Assistant Community Development Director Grant Taylor responding to Planning Commission comments and questions stated he researched the Glendale Federal files, the stipulated judgment was destroyed, the County Assessor could not track the document without a case number, however, the reservoir was constructed in the late 1960's, is a separate secured parcel, and the Glendale Federal project was not built until 1977. Mr. Taylor commented they could add a condition the same as required for other cellular facilities regarding technology and he would further search for the stipulated judgment. Public Comments Norte Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not be limited to: • Aesthetics; • Proximity to residences; • Necessity for City facilities; • Legal concerns. Commissioner Kerr commented she supports the project. Commissioner Neely commented he supports the project. Commissioner Mocalis inquired about potential private future use, restrictions from a stipulated judgment, and road easement. Chair Cohen commented he is a member of the Open Space Committee, the facility may set a precedent for future facilities, and requested Commissioner's receive a copy of the stipulated judgment. Chair Cohen suggested a condition be included similar to other antennas that future technology may warrant removal or review by the Planning Commission. Motion by Commissioner Kerr to adopt the resolution as amended approving Conditional Use Permit (CUP) 09-004, a SCADA antenna at Krum Reservoir, seconded by Vice Chair Ratcliffe. The motion to approve passed on a vote of 6-0. PC Minutes 3 July 28, 2009 F. CONTINUED PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF CONDITIONAL USE PERMIT (CUP) .08- 011 FORSTER MANSION EXCLUSIVE EVENTS° a request to allow a wedding and special events venue to occur in the exterior grounds of the Frank Forster Mansion, with outdoor amplified live entertainment, dancing, catered food and alcohol, and off-site valet parking for up to 200 guests located on a 0.6 acre site at 27182 Ortega Highway, with a General Plan landuse designation of General Commercial, and a Zoning designation of Ortega Planned Community (CDP 78-01) Section A-1, No permanent interior or exterior modifications or site improvements are proposed as a part of this project at this time. (APN 666-241-09)(Applicant: Arpi Evans)(Project Manager: Teri Delcamp, Historic Preservation Manager). Staff Presentation and Recommendation Historic Preservation Manager Teri Delcamp presented the staff report stating the applicant is requesting approval of a wedding and special events venue on the exterior grounds of the Forster Mansion to include live entertainment, dancing, catered food, alcohol and off-site valet parking. Ms. Delcamp summarized the Planning Commission review of the conditional use permit application on May 12, 2009, and the special meeting at Forster Mansion on June 10, 2009 for a sound system demonstration, and staff's pursuit to obtain a completed application packet. The primary issues associated with the application are noise, parking, waste management, irrigation and fire safety. Conditions of approval are proposed and include: • Six (6) month temporary approval then final public hearing; • Noise monitor minimum two (2) events and provide report; • Amplified music must be turned off no later than 10:00 p.m.; • Maximum number of musicians shall not exceed four (4); • Must be a permanent sound system; • Install landscaping in a 50' area along the rear property line. Ms. Delcamp summarized a letter from the owner's representative Phil Schwartze regarding the proposed conditions of approval and also summarized a letter submitted by neighbor Cameron Grenier opposing the application. Ms. Delcamp responding to Planning Commission comments and questions stated the B-2 Occupancy in the Building & Safety and Fire Codes allows not more than 49 persons and is not considered a place of public assembly so small events could be conducted inside the Forster Mansion, and the maximum four musicians would include a drummer or horn player. Assistant Community Development Director Grant Taylor commented Municipal Code Section 9-2.317(1) allows the Planning Commission to conduct periodic reviews of any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval and in a manner that is not detrimental to public health, safety, or welfare or materially injurious to persons or properties in the vicinity. Mr. Taylor further commented that subsection (m) authorizes the Planning Commission to revoke the PC Minutes 4 July 28, 2009 approval if it is determined that either the use is a detriment to public health or safety or is a nuisance, approval was obtained through misrepresentation, or the use has not complied with one or more of the conditions of approval. A condition of approval could be added to summarize Municipal Code provisions. Deputy City Attorney Diego Santana commented that a temporary approval would require a public hearing, approval and a follow-up review could be conducted administratively and the Planning Commission could affirm or direct staff to schedule for public hearing to consider modification or revocation. Public Comments Phil Schwartze, 31872 San Juan Creek Circle, SJC, consultant spoke in support of the use, introduced applicant Arpi Evans and property owners Maryann and Philip Charis, commented the Planning Commission field trip on June 10ff' was beneficial, and requested that Condition #1 be amended to grant final approval with a Planning Commission review in six months. Mr. Schwartze said the business needs to book months in advance and a temporary approval would negatively impact business, and the Planning Commission could review the use in six months and modify any conditions. Arpi Evans, 30891 Silver Leaf, San Juan Capistrano, CA spoke in support commenting events usually do not include rock music or drums and all amplified music would go through the permanent sound system. Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not limited to: • Noise; • Impacts on adjacent properties; • Parking; • Fire Safety; • Waste Management; • Irrigation. Commissioner Kerr inquired about interior use and events, and commented the noise study showed the ambient noise level was higher than the music at the event, the use is appropriate for Forster Mansion if properly regulated, and she would support a longer temporary approval period but with a review in six months. Commissioner Mocalis inquired about the six month time limit, affirmed the Planning Commission could review and modify if necessary in six months even to the point of eliminating dancing and live music, and said he supports the proposal. Commissioner Neely expressed concern with live music, suggested prohibiting drums, concurs with Commissioner Mocalis that the City should revisit the use in six months, and a finding could be added to emphasize that Title 9 of the Municipal Code allows the Planning Commission to modify or revoke the conditional use permit. PC Minutes July 28, 2009 Commissioner Williams supported a review in six months to determine if there are complaints and supports the application. Vice Chair Ratcliffe commented she has been to events where acoustical mariachi music is loud, is concerned with impacts on the neighbors and waste management, the applicant must comply with conditions of approval, and she concurs with a longer temporary approval period and a review in six months. Chair Cohen inquired about Condition #25c limiting the number of musicians to four, inquired if the musician limit included a drummer, is concerned with noise levels from drums and horns, supports a review in six months and concurs with his colleagues comments. Motion by Commissioner Neely to grant final approval of CUP 08-611 with a provision for a six (6) month Planning Commission review, modify condition Number 25c that all musical instruments shall be connected into the permanent sound system, and add a finding that the Planning Commission has the authority to affirm, modify or revoke the CUP, seconded by Vice Chair Ratcliffe. The motion to approve passed on a vote of 6-0. G. NEW PUBLIC HEARINGS 3. CONDITIONAL USE PERMIT (CUP) 09-001; ORTEGA THERAPY DAY SPA; a request for approval to expand the existing legal non -conforming massage establishment in the Planned Community (PC CDP 78-01, Section A--2, Subsection 3). No exterior modifications or site improvements are proposed as a part of this project. The site is located at 31734 Rancho Viejo Road, Suites E & F. (APN 666-261- 04)(Applicant: Charlie Abujudeh)(Project Manager: Nick Taylor, Planning Technician). Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report stating the applicant is requesting approval to expand a legal non -conforming massage establishment located at 31744 Rancho Viejo Road, Suites E & F. Mr. Taylor commented that the business had previously been licensed for five massage stations and massage establishments at that time were permitted by right. After the original business license a code amendment was adopted requiring all massage establishments to obtain a conditional use permit, therefore, the establishment was deemed legal non -conforming. The applicant expanded into an adjacent suite increasing the number of massage stations from five to ten and is requesting approval of a conditional use permit. Mr. Taylor also commented that staff performed a parking analysis for the expanded business and the other tenants on Parcel 16 and sufficient parking is available based on the existing shared parking agreement. Mr. Taylor responding to Planning Commission comments and questions stated St. Margaret's Episcopal School does not have ownership of Parcel 16 and the massage establishment lease only allows parking on Parcel 16 and the parcel on which the business is located. PC Minutes 6 July 28, 2009 Assistant Community Development Director Grant Taylor commented staff had requested the sheriff perform a background review which determined that no complaints or arrests have occurred at the business. Public Comments None Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not be limited to: • Municipal Code requirements; • Impacts on adjacent tenants/properties; • Parking; • Complaints. Commissioner Williams inquired if additional parking required by the proposed St. Margaret's Episcopal School master plan would impact the massage parking. Commissioner Neely commented because no complaints have been received and parking is adequate he supports the application. Commissioner Mocalis concurred with Commissioner Neely. Motion by Commissioner Neely to adopt the resolution approving Conditional Use Permit (CUP) 09-001, seconded by Commissioner Mocalis. The motion to approve passed on a vote of 6-0. H. OLD BUSINESS NONE I. NEW BUSINESS 1. SIGN PERMIT (SP) 09-012, EL ADOBE PLAZA MONUMENT SIGN; a request for approval of preliminary design plans for two proposed monument signs on a 2.74 acre parcel located at 31901 Camino Capistrano, generally located at the northwest corner of Camino Capistrano and Del Obispo Street. (APN 121-150-23)(Applicant: Lester & Fisher Co.)(Project Manager: Nick Taylor, Planning Technician). Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report stating the applicant is requesting approval to demolish the two existing pylon signs and install two new monument signs at the El Adobe Plaza shopping center located at 31901 Camino Capistrano. The signs would be six feet (6) in height, ten feet (10') in width, double sided, externally illuminated, and total approximately twenty-six (26) square feet in area per side. Mr. Taylor commented that the DRC had reviewed the proposal on May 21, and June 18, 2009 and recommended approval subject to a wood end cap and PC Minutes 7 July 28, 2009 landscaping to match the City's CIP #111 project. Mr. Taylor commented there are two options on the exterior lighting to include one long light or two smaller lights. A condition of approval is recommended that the landscaping plant be submitted to the Community Development Director for approval. Mr. Taylor responding to Planning Commission comments and questions stated the DRC requested the applicant bring a sample aluminum end cap to the Planning Commission which was not done and the DRC supported a wood cap, the lighting options include one eight foot (8) flood light or two smaller flood lamps, Assistant Community Development Director Taylor commented he could not recall the letter height of the Stroscher monument sign, and he didn't think OCFA had a requirement for the address, would check with OCFA, and if allowed a condition would be added to delete the address from the signs. Public Comments None Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not be limited to: • Municipal Code standards; • Architectural Design Guidelines; • Massing; • Materials, colors and lettering. Commissioner Mocalis noted a typographical error on the site plan, inquired if the exterior lighting was consistent with the Municipal Code, and supported removing the address lettering. Vice Chair Ratcliffe inquired about CIP 111 landscaping and requested the landscaping be consistent with the City CIP project, the sign is acceptable, concurred with removing the address, the business names are a little out of proportion, the colors are good, and she has no preference on the lighting. Commissioner Kerr inquired about the aluminum cap and if there was a sample, inquired about the lighting options, prefers florescent lighting, supports the letter size, and concurs with removing the address. Commissioner Neely commented he does not support the sign, it reminds him of the Stroscher monument sign, the sign is inappropriate for San Juan Capistrano, prefers darker color, the sign copy is crowded, lettering disproportionate, does not support the address, and LED lighting would be preferred. Commissioner Williams commented he supports the sign, concurs with removing the address, the letters are acceptable, and he prefers the smaller individual lights. PC Minutes July 28, 2009 Chair Cohen inquired about the letter height of the Stroscher monument sign, inquired if OCFA required addresses on monument signs, and commented the sign is too cluttered, prefers to see photographs of other monument signs in the City, the sign is too much for San Juan Capistrano, will not support the sign as is, defers to Commissioners Neely and Williams on lighting, and suggested the item be continued. Motion by Commissioner Williams to adopt the resolution approving Sign Permit (SP) 09-012 subject to eliminating the address, utilize the two smaller flood lamps for exterior lighting, consider using LED lighting, use wood end caps, and a landscape plan be reviewed and approved by the Community Development Director, seconded by Commissioner Kerr. The motion to approve as amended passed on a vote of 4-2 with Commissioner Neely and Chair Cohen voting no. J. COMMISSION 1 STAFF COMMENTS Assistant Community Development Director Taylor distributed a memo from staff to the Planning Commission dated July 28, 2009 identifying zoning actions and future items for the Design Review Committee (DRC), Planning Commission and City Council. Mr. Taylor responded to questions from the Commissioner at the last meeting stated: 1) CIP 122 — La Novia Bridge Widening project has been deleted; 2) Railroad Crossing Quiet zones had a legal challenge that is expected to be resolved and the project should commence in September 2009; 3) Construction on Cook Park at La Novia is a City water well project. Mr. Taylor invited the three Planning Commissioners to attend a joint ICC/APA Planning Luncheon on August 20th in Costa Mesa and invited Commissioners to attend a Housing Conference on August 13th at the San Juan Capistrano Community Center. Vice Chair Ratcliffe stated she would be unable to attend the Planning Commission meeting on August 11, 2009. Chair Cohen inquired about a window tinting business sign at the carwash on Ortega Highway. Mr. Taylor said code enforcement would investigate. K. ADJOURNMENT - Chair Cohen adjourned the meeting at 7:56 p.m.� Approved: Grant Taylor, assistant Community Development Director PC Minutes 9 July 28, 2009