PC Minutes-2008-02-1232400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
CALL TO ORDER
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
10011PoTETHOMAS W
. HRI
BAR
ESTBBLISHEO MARK NIELSEN
1776 JOESOTO
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DR. LONDRES USO
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, FEBRUARY 12, 2008
The meeting of the Planning Commission was called to order by Chairman
Cardoza at 7:02 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Ginny Kerr
Gene Ratcliffe
Commissioners Absent: Tim Neely
Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason
Retterer, Deputy City Attorney; David Contreras, Senior Planner; Douglas
Dumhart, Economic Development Manager; Larry Lawrence, Project Manager;
Bill Cunningham, Contract Planner; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None
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.
Chairman Cardoza asked that the Consent Calendar items be removed from the
Consent Calendar for separate consideration.
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on 100% recycled paper
PC Meeting 2 February 12, 2008
1. APPROVAL OF PLANNING COMMISSION MINUTES OF JANUARY 8
2008.
Vice Chairman Cohen moved approval of Planning Commission Minutes of
January 8, 2008 as submitted, seconded by Commissioner Ratcliffe. The motion
passed by a vote of 4-0.
2. APPROVAL OF PLANNING COMMISSION MINUTES OF JANUARY 22
2008
Chairman Cardoza asked that wording be added to page 4 that the applicant
seemed to be in agreement with a suggestion to consider a free-standing
architectural structure apart from the main building that would complement the
main structure.
Vice Chairman Cohen said that his question to Mr. Kirk on page 4 was whether
or not the City ordinance on height limitation was applicable and the response as
contained in the Minutes was not responsive to his question.
Mr. Taylor said that staff would double check the tape and bring back a clean
copy of the Minutes of January 22, 2008 to the next Planning Commission
meeting.
3. CONDITIONAL USE PERMIT (CUP) 07-06 FOLLOW-UP
CONSIDERATION OF MINOR REVISIONS TO EQUIPMENT CABINET FOR
MARBELLA PLAZA; AN APPLICATION TO INSTALL, OPERATE, AND
MAINTAIN AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY
INSIDE A PROPOSED TOWER OF THE EXISTING ROOF OF THE MARBELLA
PLAZA SHOPPING CENTER LOCATED IN THE PC (PLANNED COMMUNITY)
ZONE DISTRICT WHICH IS GOVERNED BY COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 86-04 AND GENERAL PLAN -DESIGNATED
NEIGHBORHOOD COMMERCIAL (NC). THE SUBJECT PROPERTY IS
LOCATED AT 31115 RANCHO VIEJO ROAD AND GENERALLY LOCATED 40
FEET WEST OF RANCHO VIEJO ROAD AND 145 FEET WEST OF GOLF
CLUB DRIVE (APN650-592-03) (APPLICANT: ROYAL STREET
COMMUNICATIONS).
Vice Chairman Cohen moved approval of CUP 07-06 as submitted, seconded by
Commissioner Ratcliffe. The motion passed by a vote of 4-0.
4. ARCHITECTURAL CONTROL (AC) 06-01 FOLLOW-UP
CONSIDERATION OF MINOR REVISIONS TO FINAL LANDSCAPE AND ON-
SITE IMPROVEMENT PLANS FOR CALLE ROLANDO VILLAS; A 27 -UNIT
AFFORDABLE HOUSING CONDOMINIUM PROJECT ON 2.7 ACRES
LOCATED AT THE EASTERN TERMINUS OF CALLE ROLANDO (APPLICANT:
PC Meeting 3 February 12, 2008
HABITAT FOR HUMANITY OF ORANGE COUNTY, INC.) CITY COUNCIL
PRIORITY NO. 7A
Chairman Cardoza recused himself from consideration of this item.
Commissioner Kerr moved approval of AC 06-01 as submitted, seconded by
Commissioner Ratcliffe. The motion passed by a vote of 3-0-1, with Chairman
Cardoza recused.
NEW BUSINESS
1. CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 07-13, TOYOTA
OF SAN JUAN CAPISTRANO: A REQUEST TO CONSTRUCT A COVERED
CARWASH BAY AT THE REAR OF THE EXISTING SALES OFFICE BUILDING
AT TOYOTA OF SAN JUAN CAPISTRANO AUTO DEALERSHIP LOCATED AT
33395 CAMINO CAPISTRANO, GENERALLY LOCATED 960 FEET NORTH OF
STONEHILL DRIVE (APN 121-240-75) (APPLICANT: TOYOTA OF SAN JUAN
CAPISTRANO).
Vice Chairman Cohen recused himself from consideration of this item since his
firm represents the applicant.
Written Communications
February 12, 2008
Applicant
Jennifer Raner, 610 Newport Center Drive, Suite 840, Newport Beach, CA 92660
Property Owner
Mike Kahn, 610 Newport Center Drive, Suite 840, Newport Beach, CA 92660
Staff presentation & recommendation
Mr. Contreras presented the staff report and recommended that the Planning
Commission review the project and adopt a resolution conditionally approving AC
07-13 to construct a covered carwash bay at the rear of the existing sales office
building at Toyota of San Juan Capistrano auto dealership, and finding the
project exempt from CEQA.
Commissioner Questions and Comments
Commissioner Ratcliffe asked for clarification regarding the aerial map which
didn't include the buildings across the freeway. Mr. Contreras said the adjacent
residential areas would be affected rather than buildings across the freeway, and
that staff gave additional public notification to residents in Dana Point.
PC Meeting 4 February 12, 2008
Commissioner Kerr asked about having the blower unit farther inside the
enclosure. Mr. Contreras said that would be impossible without having to
reconstruct the entire piece of equipment.
Applicant Jody Stout of Superior Automotive Group discussed the actions taken
to reduce the noise levels of the blowers, and said that the blowers are only on
during the last minute of the car wash.
Public Hearing
Tom Gronewald, 26000 Avenida Aeropuerto, President of the Homeowners
Association, spoke in opposition to the project due to noise concerns.
Danielle Campbell, 26000 Avenida Aeropuerto, spoke in opposition to the project
due to noise concerns.
Commissioner Questions and Comments
Chairman Cardoza asked if there is another type of a blower. Ms. Stout said the
variable speed blowers produce the same amount of sound as the current
blowers.
Chairman Cardoza asked what recourse is available to make sure that the
decibel readings are a livable condition. Mr. Retterer said the General Plan sets
forth the exterior noise standards for a residential community adjacent to this site.
Mr. Contreras said that staff is asking that an updated acoustic study be
conducted at the property line of the dealership.
Commissioner Ratcliffe said Condition 15 seems subjective. Mr. Retterer said the
future acoustic study may need to take place where the measurement was taken
when the study was conducted prior to construction. Mr. Taylor said the
Commission needs to decide on an acceptable decibel level.
Motion
Commissioner Kerr moved to continue the item to the March 11, 2008 Planning
Commission meeting, to allow the applicant 30 days to complete a minimum of
two acoustical studies, seconded by Commissioner Ratcliffe, and have staff
check other dealership carwash activities. The motion passed 3-0-1, with Vice
Chairman Cohen recused.
Chairman Cardoza called for a recess at 8:00 p.m. and reconvened the meeting
at 8:08 p.m.
OLD BUSINESS
None
PC Meeting 5 February 12, 2008
PUBLIC HEARINGS
1. CONTINUED CONSIDERATION OF REZONE (RZ) 06-06, TENTATIVE
PARCEL MAP (TPM) 2007-226, ARCHITECTURAL CONTROL (AC) 06-17,
GRADING PLAN MODIFICATION (GPM) 07-09, TREE REMOVAL PERMIT
(TRP) 07-04, CENTRA POINTE; APPLICATIONS TO APPROVE AN OFFICE
PARK PROJECT CONSISTING OF 35,874 SQUARE FEET IN THREE
BUILDINGS LOCATED ON THE NORTHWEST CORNER OF RANCHO VIEJO
ROAD AND GOLF CLUB DRIVE (APN: 650-592-01 & 02) (APPLICANT: CITY
OF SAN JUAN CAPISTRANO/CENTRA REALTY CORPORATION)
CONTINUED FROM THE MEETING OF JANUARY 8, 2008.
Written Communications
February 12, 2008
Applicant
Steve Sandland, Centra Realty Corporation, 3 Park Plaza, Suite 1490, Irvine, CA
92614
Owner
City of San Juan Capistrano, Contact: Douglas Dumhart (949) 443-6316
Architect
Tom Myers, Ware Malcomb, 10 Edelman, Irvine, CA 92618
Staff presentation & recommendation
Mr. Cunningham presented the staff report and recommended that the Planning
Commission continue consideration of the project to the February 26, 2008
meeting to comply with CEQA provisions related to distribution of the draft
Responses to Comments (RTC). Mr. Cunningham referred to deletion of the
words "and enter into a reimbursement agreement with the City" from 60 f. on
page 15:
Applicant Steve Sandland presented the color scheme to the dais for
consideration.
Public Hearing
James Seiler, 30791 Marbella . Vista, Marbella Homeowners Association
President, spoke in support of the rezone, and asked if the applicant would be
required to make improvements to Rancho Viejo Road.
Mr. Cunningham said the original traffic study and mitigation measures have
been revised to reflect that the applicant will pay fees rather than make road
improvements to Rancho Viejo Road.
PC Meeting 6 February 12, 2008
Christine Speed, 42 Plaza Vivienda, asked about the implications to Marbella of
a rezone from fire station to office, the criteria for setbacks, and said there is a
need for a pedestrian pathway and turn -in into the project.
Mr. Cunningham said that 20 ft. setbacks from the property line are proposed,
staff looked at the possibility of providing some sidewalk and a crosswalk and will
contact the owners of Marbella, and the City Traffic Engineer and Mr. Darnell
determined that there is no need for an additional turn -in.
Mr. Dumhart said the Centra Pointe Office project is located within the Central
Redevelopment project area, and the office use is consistent with the land use
and will provide opportunities for sole proprietors and small business owners to
buy into the community. Frequent property exchanges could result in increased
tax increments into the community and provide employment opportunities for
local residents.
Commission Questions and Comments
Vice Chairman Cohen said he does not want the project to look like Ortega
Ranch and asked for a sample color board for Ortega Ranch.
Commissioner Kerr said it would be helpful to see colors of Ventanas and Ortega
Ranch.
Commissioner Ratcliffe asked that the stone, architecture, and colors on this
project not be identical with Ventanas or other Centra projects.
Chairman Cardoza asked that the DRC review the final palette.
Motion
Vice Chairman Cohen moved to continue the item to the February 26, 2008
Planning Commission meeting and requested that the Traffic Engineer and City
Engineer attend the meeting, seconded by Commissioner Ratcliffe. The motion
passed by a vote of 4-0.
2. REZONE (RZ) 07-008, STEVENS RESIDENCE; A REZONE APPLICATION
TO CHANGE THE ZONING DESIGNATION ON THE PROPERTY FROM "RSE-
20,000" TO "SP/PP SPECIFIC PLAN/PRECISE PLAN" (APN: 650-201-12)
(APPLICANT: ROY STEVENS)
Written Communications
February 12, 2008
Applicant
Roy Stevens, 27401 Ortega Highway, San Juan Capistrano, CA 92675
Representative
PC Meeting 7 February 12, 2008
S.C.F.F.O. LLC, Attn: Kurt A. Conone, 162'/ Avenida Serra, San Clemente, CA
92672
Staff presentation & recommendation
Mr. Lawrence asked that the Planning Commission open the public hearing and
continue the item to April 22, 2008 at the request of the applicant
Motion
Vice Chairman Cohen moved to continue the item to the April 22, 2008 Planning
Commission Meeting, seconded by Commissioner Ratcliffe. The motion passed
by a vote of 4-0.
3. CODE AMENDMENT CA 07-03 (EQUESTRIAN STANDARDS & DOG
APPEALS); CONSIDERATION OF A PROPOSED CODE AMENDMENT TO
AMEND SAN JUAN CAPISTRANO MUNICIPAL CODE (SJCMC) SECTION 9-
3.515 REGULATING EQUESTRIAN STANDARDS AND SJCMC SECTION 9-
3.525 REGULATING KENNELS.
Written Communications
February 12, 2008
Staff presentation & recommendation
Mr. Taylor presented the staff report and recommended that the Planning
Commission receive the staff report, open the public hearing, accept public
testimony, and take the following actions:
1) Provide any comments on the proposed code amendments pertaining
to equestrian standards and dog appeals; and
2) Adopt the attached Notice of Exemption approving a Categorical
Exemption pursuant to Section 15321 of the California Environmental
Quality Act (CEQA) Guidelines; and
3) Adopt the attached Resolution recommending that the City Council
adopt an ordinance approving Code Amendment CA 07-03.
Motion
Vice Chairman Cohen moved to adopt a Notice of Exemption approving a
Categorical Exemption pursuant to Section 15321 of the California Environmental
Quality Act (CEQA) Guidelines; and adopt Resolution 08-2-12-1 recommending
that the City Council adopt an ordinance approving Code Amendment CA 07-03,
seconded by Commissioner Ratcliffe. The motion passed by a vote of 4-0.
COMMISSION/STAFF COMMENTS
Mr. Taylor said there are four items to be considered at the February 26, 2008
Planning Commission meeting and that the Commission will be reorganizing at
the April 8, 2008 Planning Commission meeting.
PC Meeting 8 February 12, 2008
Commissioner Ratcliffe voiced concern regarding the lack of pedestrian access
to shopping centers.
Commissioner Kerr said there are signs on sticks for Golden Spoon and for a
florist in the same center.
Vice Chairman Cohen said the Open Space Committee helped the City acquire
the 110 -acre Shea property on the north side of town, and there is a Montessori
School sign on the rear portion of the building fronting the freeway.
Chairman Cardoza said he attended the state of the City address by Mayor Joe
Soto, the Marbella Shopping Center is being painted, the Mammoth sign and
lighting have been installed, and that Commissioner Kerr and Vice Chairman
Cohen will be attending the League of California Cities conference.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 9:27 p.m.
The next regularly scheduled Planning Commission Meeting is scheduled for
Tuesday, February 26, 2008 at 7:00 p.m. in the City Council Chambers.
Approved:
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Steven A. Appl , AICP
Planning Director
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