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PC Minutes-2008-03-1132400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistraiio.org r MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO • DR. LONDRES USO MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, MARCH 11, 2008 CALL TO ORDER The meeting of the Planning Commission was called to order by Chairman Cardoza at 7:04 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Robert Cardoza, Chairman Sheldon Cohen, Vice Chairman Ginny Kerr Tim Neely Gene Ratcliffe Commissioners Absent: None Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; Justin Kirk, Assistant Planner; Larry Lawrence, Project Manager; Alan Oswald, Senior Engineer - Traffic; Douglas Dumhart, Economic Development Manager; Sue McCullough, Recording Secretary. Chairman Cardoza asked for a moment of silence for Linda Evans, Community Services Manager, who passed away yesterday. ORAL COMMUNICATIONS None. San Juan Capistrano: Preserving the Past to Enhance the Future Qn* Printed on 100% recycled paper PC Meeting 2 March 11, 2008 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 PLANNING COMMISSION MINUTES OF FEBRUARY 12, 2008. Commissioner Ratcliffe moved approval of Planning Commission Minutes of February 12, 2008 as submitted, seconded by Commissioner Kerr. The motion passed by a vote of 4-0-1, with Commissioner Neely abstaining due to his absence at the meeting. Mr. Taylor recommended continuance of items F-1 and H-1. Chairman Cardoza asked that item H-3 be considered after Old Business. OLD BUSINESS 1. CONTINUED CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 07-13, TOYOTA OF SAN JUAN CAPISTRANO; A REQUEST TO CONSTRUCT AN ENCLOSED 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) Commissioner Cohen recused himself from consideration of this item. Written Communications March 11, 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. Taylor said that at the last Planning Commission meeting, concern regarding potential noise was voiced from residents of an adjacent mobile home park, and the Planning Commissioners directed the applicant to obtain an acoustical study. PC Meeting 3 March 11, 2008 Staff has not had time to analyze the acoustical study and is recommending continuance to the April 8, 2008 meeting. Motion Commissioner Kerr moved to continue the item to the April 8, 2008 Planning Commission meeting, seconded by Commissioner Ratcliffe. The motion passed by a vote of 4-0-1, with Vice Chairman Cohen recused. NEW BUSINESS 1. ARCHITECTURAL CONTROL (AC) 07-024, KENTUCKY FRIED CHICKEN (KFC) RESTAURANT REMODEL; A REQUEST FOR REVIEW OF DESIGN PLANS FOR A PROPOSED REMODEL OF AN EXISTING RESTAURANT ON A 10,354 SQUARE FOOT PARCEL LOCATED AT 32032 CAMINO CAPISTRANO (APN 668-241-16) (APPLICANT: ROY MILLER) Written Communications March 11, 2008 Applicant Roy Miller, 28052 Camino Capistrano, Laguna Niguel, CA 92677 Property Owner Elizabeth Glass, 27982 Via Herrera, Mission Viejo, CA 92692 Architect/Engineer Sari Ishrati, 17070 Lisette St., Granada Hills, CA 91334 Staff presentation & recommendation Mr. Kirk presented the staff report and recommended that the Planning Commission adopt a resolution conditionally approving AC 07-24 to remodel the existing KFC restaurant, and finding the project exempt from CEQA. Applicant Roy Miller, franchisee, said the remodel is proposed to update the look of the restaurant. Commissioner Questions and Comments Commissioner Ratcliffe asked if screening was proposed for the service areas adjacent to the Blockbuster. Mr. Miller said the applicant has applied for a permit to enlarge the trash area and plans to run a trellis over the top of the wall. Vice Chairman Cohen asked the setback from the curb to the dining area. Mr. Kirk said the setback is between 5 to 6 feet from the curb to the dining area, and that people will probably continue to park in that area. PC Meeting 4 March 11, 2008 Commissioner Kerr asked if there would be lighting in the trellis area for eating. Mr. Sari Ishrati, Architect, said that down lighting is planned in the trellis area. Public Hearing Carol Hime, 32012 Paseo De La Rosa, spoke in opposition to the outside eating between the curb, the sidewalk, and the driveway due to safety concerns, and to the striped awnings due to aesthetic concerns. Yvonne Tschaikowsky, 27367 Paseo Placentia, requested solid red awnings. Roy Burns, 30500 Hilltop Way, said that similar issues were discussed 40 years ago when the Kentucky Fried Chicken restaurant opened. Commissioner Questions and Comments Commissioner Neely said that although many of the design features called out by the DRC have been addressed, the following items discussed at the DRC have not been done: 1) The over-all paint scheme should be darker and subdued to reduce the contrast between the signage, awnings, and structure, 2) Samples of colors and fabric are needed, and 3) Lighting needs to be brought back to the DRC. Motion Vice Chairman Cohen moved to continue the item to the March 25, 2008 Planning Commission meeting, with the applicant to return with color palettes, material samples including the awning material, a color rendering with a view visual from Camino Capistrano, signage, and lighting specifications, seconded by Commissioner Kerr. The motion passed by a vote of 5-0. Vice Chairman Cohen asked that he receive additional information from the Applicant prior to March 23, 2008, since he will not be at the March 25, 2008 Planning Commission meeting. PUBLIC HEARINGS 3. REZONE (RZ) 08-001 ZONING CORRECTIONS: A CITY -INITIATED REZONE APPLICATION TO CORRECT CERTAIN DISCREPANCIES ON THE CITY'S OFFICIAL ZONING MAP. Written Communications March 11, 2008 Staff presentation & recommendation Mr. Lawrence presented the staff report and recommended that the Planning Commission adopt a resolution forwarding the zoning amendments to the City Council with a recommendation of approval. PC Meeting 5 March 11, 2008 Public Hearing Valerie Drey, 27549 Via Fortuna, spoke in opposition to the rezone for Loma Vista homes in the Glen Fed area in order to allow residents to expand their homes. Jill Hanna, 26861 Canyon Crest, spoke in support of the rezone for Mission Hills Ranch. Kathleen Petersen, 31121 Via Santo Tomas, spoke in opposition to the rezone for the Capistrano Gardens homes. Stephen Pentoney, 27597 Via Fortuna, spoke in opposition to the rezone for Loma Vista homes in the Glen Fed area. Jonathan Travolski, 36762 Via Socorro, said the open space in the Capistrano Gardens homes neighborhood would be lost if homeowners are allowed to build out completely to the setbacks. Motion Commissioner Neely moved to continue the Loma Vista- Glen Fed and Capistrano Garden Homes items to the April 22, 2008 Planning Commission meeting, approving everything else recommended by staff, seconded by Vice Chairman Cohen. The motion passed by a vote of 5-0. Chairman Cardoza called for a recess at 8:35 p.m. and reconvened the meeting at 8:49 p.m. 2. ARCHITECTURAL CONTROL (AC) 07-001, TENTATIVE PARCEL MAP (TPM) 07-002, GRADING PLAN MODIFICATION (GPM) 07-008 VENTANAS BUSINESS CENTER PARKING EXCEPTION TREE REMOVAL PERMIT FLOODPLAIN LAND USE PERMIT LOT LINE ADJUSTMENT/EASEMENT PUBLIC RIGHT-OF-WAY VACATION LICENSE AGREEMENT SHARED/JOINT USE PARKING AGREEMENT FORMATION OF COMMUNITY FACILITIES DISTRICT AND ENVIRONMENTAL IMPACT REPORT (EIR); A REQUEST FOR APPROVAL TO DEVELOP AN INDUSTRIAL PARK CONSISTING OF ELEVEN (11) MULTI -TENANT INDUSTRIAL -OFFICE BUILDINGS, TWO -STORIES IN HEIGHT, WITH A TOTAL OF APPROXIMATELY 236,329 SQUARE FEET OF BUILDING AREA ON AN IRREGULAR SHAPED PARCEL TOTALING 20.33 GROSS ACRES (13.83 NET ACRES) LOCATED AT THE WEST TERMINUS OF CALLE ARROYO BORDERING INTERSTATE 1-5 TO THE WEST AND SAN JUAN CREEK TO THE SOUTH. (APPLICANT: CENTRA REALTY — STEVEN SANDLAND) CONTINUED FROM THE MEETING OF FEBRUARY 26, 2008. PC Meeting 6 March 11, 2008 Commissioner Neely recused himself from consideration of this item. Written Communications March 11, 2008 Staff presentation & recommendation Mr. Taylor presented the staff report and recommended that the Planning Commission conduct the public hearing, accept public oral and written testimony and approve the project pursuant to the following actions: 1) Adopt a resolution certifying the Final Environmental Impact Report; 2) Adopt a resolution approving Planning Commission zoning entitlements (i.e. Architectural Control, Parking Exception, Grading Plan Modification and Tree Removal Permit); 3) Adopt the attached resolution recommending City Council approval of zoning entitlements (i.e. Tentative Parcel Map, Floodplain Land Use Permit, Lot Line Adjustment/Easement, Public Right -of -Way Vacation, License Agreement, shared/Joint use Parking Agreement, and Community Facilities District). Commissioner Questions and Comments Vice Chairman Cohen asked what the developer's portion would be for traffic mitigation on Ortega Highway at 1-5 south freeway. Mr. Oswald said the developer's fair share portion is 6.5 percent. Commissioner Kerr asked if the applicant would be constructing a lane or pay fair share fees. Mr. Oswald said staff is recommending that the applicant construct a second southbound left turn lane on the ramp, and identified fair share fees. Vice Chairman Cohen asked if the construction would be tied to a Certificate of Occupancy. Mr. Oswald said that it could be tied to a Certificate of Occupancy. Vice Chairman Cohen asked if business licenses would go to the Planning Director once the space is built out. After a tenant leases and vacates, there may not be any tenant improvements required by a subsequent tenant. Mr. Retterer said that when a new business establishes, as part of the business permit review process, the Planning Department will be routed a copy of the business permit application that includes a detailed description of the business along with tenant improvements plans. Commissioner Kerr asked how the units would be monitored during the sale process. Mr. Taylor said that the City asks for CC&Rs and a deed restriction in order to make the potential buyers aware of what is allowed. Mr. Retterer recommended that the deed restriction portion be deleted since it is redundant with the CC&Rs. PC Meeting 7 March 11, 2008 Public Hearing Phyllis Watson, 28076 Via Rueda, spoke in opposition to the project due to density. Ilse Byrnes, 30500 Hilltop Way, said that the multi-purpose horse trail is needed and that it will connect to O'Neill Park, Nellie Gail, and the Trabuco Golf Course area. Yvonne Tschaikowsky, 27367 Paseo Placentia, asked why the reduced intensity project alternative in the EIR was not considered. Kim McCarthy, 27592 Silver Creek Drive, spoke in opposition to the project due to increased traffic. Kim Lefner, 31182 Harmony Hill, spoke in opposition* to the project due to increased traffic, and asked that public testimony be included in the EIR. Mr. Kreitzer said that no letters were submitted from the general public during the 45 - day public comment period, and that all letters submitted have been made part of the public record. Helen Welch Reardon, 28261 Via Rueda, spoke in opposition to the project due to increased traffic and density and reduced open space, and asked that the project be scaled down. Laura Freese, 26332 Paseo Toscana, spoke in opposition to the project due to increased traffic and density. Lenny DeCaro, Steeplechase Drive, spoke in opposition to the project, said that public comments addressed specifics, and suggested that the minutes include word-for-word public comments. Roy Burns, 30500 Hilltop Way, spoke in opposition to the project, to the lateness of the hour, and asked that the project be scaled back to protect the residents. Steven Cheshire, 32132 Calle Los Elegantes, said the City will lose control of the businesses that rent, lease, own, or occupy the structure. Chairman Cohen asked for clarification of the reduced intensity alternative design. Mr. Taylor said the alternative design is mandated by CEQA, and that the reduced project is not recommended due to reduction in property taxes and jobs. Mr. Kreitzer said the 36 percent would reflect the elimination of the most southerly buildings along the 1-5 freeway (building's 9, 10, and 11). PC Meeting 8 March 11, 2008 Commissioner Kerr asked the applicant to respond to the use of open space for parking. Mr. Sandland said that Area C is described for a number of uses including parking, and is not open space. Vice Chairman Cohen said that Commissioner Neely and he have served on the Planning Commission for a number of years, and as residents are concerned with maintaining the character of San Juan. Chairman Cardoza said that some speakers exceeded the time limit, and asked that speakers stay within the 3 -minute guideline in the future. Motion Vice Chairman Cohen moved to continue the item to the April 8, 2008 Planning Commission, with the item to be considered first on the agenda, seconded by Commissioner Ratcliffe. The motion passed by a vote of 4-0-1, with Commissioner Neely recused. 1. CONDITIONAL USE PERMIT (CUP) 07-07, COAST BIBLE, ROYAL STREET COMMUNICATIONS, A REQUEST FOR REVIEW OF PRELIMINARY DESIGNS FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY ON A 5.59 ACRE PARCEL LOCATED AT 26300 VIA ESCOLAR. (APN 650-011- 25) (APPLICANT: TOM FLYNN, ROYAL STREET COMMUNICATIONS) Written Communications March 11, 2008 Applicant Royal Street Communications, Tom Flynn, 2913 EI Camino Real #561, Tustin, CA 92782 Property Owner Coast Bible, Glenn Eichler, 26300 Via Escolar, San Juan Capistrano, CA 92675 Staff presentation Mr. Kirk said that staff recommends that the project be continued indefinitely as the project has been significantly redesigned. This project has been referred to the Design Review Committee on March 20, 2008 for review and comments. Upon this follow up review, this project will be referred back to the Planning Commission for action, and at such time the item will be noticed pursuant to the Municipal Code. Motion Commissioner Kerr moved to continue the item to a date uncertain, seconded by Vice Chairman Cohen. The motion passed by a vote of 4-0-1, with Commissioner Neely absent. PC Meeting 9 March 11, 2008 COMMISSION/STAFF COMMENTS Mr. Taylor said that a tentative meeting has been scheduled at 7 p.m. Tuesday, April 29, 2008 where Caltrans is scheduled to make a presentation on the Caltrans interchange project to the Planning Commission and the Transportation Commission. Commissioner Kerr said that concern was voiced to her regarding mobile car detailing services that go from office building to office building, where waste water goes into storm drains rather than into the sewer. She also mentioned that Ralphs has grand opening signs and double coupon a -frame signs on the street. Vice Chairman Cohen said that Ralph's has bright blue water stand pipe above ground along the sidewalk, the Montessori School enrollment sign is still at the back of Marbella, and about 80 percent of the seven or eight cars parked at the Chevron Station at Del Obispo and Ortega have "For Sale" signs on them. Mr. Taylor said he would bring concerns up with Code Enforcement. Chairman Cardoza said a sign committee has been formed as appointed by Mayor Soto, and sessions will be held twice a month. ADJOURNMENT There being no further business before the. Commission, the meeting was adjourned at 12:10 a.m. The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, March 25, 2008 at 7:00 p.m. in the City Council Chambers. Approved: C/ -S Steven A. A le, AICP Planning Director