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PC Minutes-2008-05-2732400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org CALL TO ORDER ■ /� �I i vim_ ')'49 — MEMBERS OF THE CITY COUNCIL SAM ALLEVATO IR[DRPDAAiEO THOMAS W. HRIBAR ESTABLISHED I I9GI MARK NIELSEN 1776 JOE SOTO ®A611k® DR. LONDRES USO MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, MAY 27, 2008 Chairman Cohen called the meeting to order and said he would like to hold the evening's meeting in memory of former Planning Commissioner Joe Drey who unexpectedly passed away from injuries suffered in an auto racing accident over the weekend. Cohen asked for everyone to join him in a moment of silence in memory of Joe. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners Present: Commissioner Absent: Sheldon Cohen, Chair Gene Ratcliffe, Vice Chair Robert Cardoza Ginny Kerr Tim Neely None Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; David Contreras, Senior Planner; Justin Kirk, Assistant Planner; Douglas Dumhart, Economic Development Manager; Nick Taylor, Planning Technician; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None. CONSENT CALENDAR n San Juan Capistrano: Preserving the Past to Enhance the Future {�� Printed on 100% recycled paper PC Meeting Minutes 2 May 27, 2008 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 removed the items from the Consent Calendar for separate consideration. APPROVAL OF PLANNING COMMISSION MINUTES OF APRIL 22 2008. Commissioner Cardoza said that the Minutes for April 22, 2008 did not include Commissioner concerns expressed to the developer to look at 1) alternate building material for the retaining wall, 2) roofing treatment on the professional building, and 3) realignment of one of the access ways. Commissioner Cardoza moved to continue the Planning Commission Minutes of April 22, 2008 so that staff could double check the tape and bring the Minutes back to the next meeting, seconded by Vice Chair Ratcliffe. The motion passed by a vote of 5-0. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF APRIL 29 2008. Commissioner Cardoza moved approval of Planning Commission Minutes of April 29, 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. 3. CONTINUED CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 07-13; RESOLUTION OF APPROVAL WITH FINDINGS OF FACT; (APN 121-240-75) (APPLICANT: TOYOTA OF SAN JUAN CAPISTRANO) (CONTINUED FROM THE MEETING OF MAY 13, 2008). Chair Cohen recused himself. Commissioner Kerr said there is a typo in the second Whereas; it should be "an" instead of "and". Commissioner Cardoza moved to adopt Resolution of Approval with Findings of Fact as corrected, seconded by Commissioner Kerr. The motion passed by a vote of 4-0-1, with Chair Cohen recused. PUBLIC HEARINGS 1. ARCHITECTURAL CONTROL (AC) 07-025, AND CONDITIONAL USE PERMIT (CUP) 07-008, 7 -ELEVEN SAN JUAN CAPISTRANO; A REQUEST FOR REVIEW OF PRELIMINARY DESIGN PLANS FOR A PROPOSED FAgADE UPDATE OF AN EXISTING SERVICE STATION, AND TO CONVERT THE EXISTING AUTO SERVICE BAYS TO A CONVENIENCE STORE WHICH WILL INCLUDE THE SALES OF BEER AND WINE UNDER A TYPE 20 LICENSE ON A 31,990 SQUARE FOOT PARCEL LOCATED AT 26572 JUNIPERO SERRA RD. (APPLICANT: JIM ADAM). PC Meetinq Minutes 3 May 27, 2008 Written Communications May 27, 2008 Property Owner John Wilson, 26572 Junipero Serra, San Juan Capistrano, CA 92675 Applicant Jim Adam, 26572 Junipero Serra, San Juan Capistrano, CA 92675 Architect Brandon A. Smith, Basmith Designs, 3536 28th St., San Diego, CA 92104 Staff presentation & recommendation Mr. Kirk presented the staff report and recommended that the Planning Commission adopt a resolution certifying the Categorical Exemption; and approving the Architectural Control (AC) and Conditional Use Permit (CUP) applications subject to the attached conditions of approval. Public Hearing Monica Krueger, 6840 Venice Place, Rancho Cucamonga, 7 -Eleven representative, said that the "Coming of Age" program trains all employees how to check identification for purchases of age restricted items. Chair Cohen asked if there would be sale of individual bottles or cans. Ms. Krueger said there are individual sales of beer, depending on the location. Jeff Jones, 30791 Paseo EI Arco, spoke in favor of the item. Commissioner Questions and Comments Commissioner Kerr asked if the color scheme would be provided. A color scheme was circulated to the dais. Chair Cohen called for a recess at 7:34 p.m. and reconvened the meeting at 7:40 p.m. Commissioner Questions and Comments Commissioner Kerr said she is impressed with the 7 -Eleven training program to restrict sales to minors, voiced concern regarding the amount of lighting at the rear of the store, and asked for clarification of the alternate north elevation. Brandon Smith, 3536 28th Street, San Diego, part of the project design firm, said the additional alternate north elevation was part of the original proposal with the storefront windows going from the ground up to the top of the arch. Commissioner Ratcliffe said that she favors the darker color. PC Meeting Minutes 4 May 27, 2008 Commissioner Cardoza asked if there is only one sign on the premises, and said he is in favor of security lighting. Mr. Kirk said there is only one building -mounted sign to be approved. Chair Cohen asked if there is any treatment proposed for the gas pumps. Mr. Kirk said that a significant amount of treatment to match the pumps with the aesthetics of the buildings has been before the DRC. Mr. Taylor said that there is a need for DRC review of architectural details including signs, treatment of the pumps, landscaping, and security lighting at the rear of the building. Commissioner Neely thanked the applicant for making all the changes requested by the DRC, said he endorsed the project with the dark color smooth trowel finish and stone bulkheads, and agreed with Mr. Taylor that all aspects of lighting and landscaping should go back to the DRC, but not the other items mentioned by Mr. Taylor. Chair Cohen said the beer and wine sales could exceed projections due to close proximity to the freeway and nearby access to the beach and parks. Chair Cohen said that he feels this should go back to the DRC for final review of signage, landscape, and lighting. There should be controls in place that there be no licensing agreements or subleasing to utilize the space for storage of vehicles, and no floor display of beer or wine. Commissioner Kerr said that lighting and signage should go back to the DRC, but the landscape and islands were already reviewed by the DRC. Mr. Taylor suggested not allowing issuance of building permits until the noted items have come back to the DRC, and suggested deleting the following from Condition 1: "The approval of this Conditional Use Permit shall be for an initial period of 90 days." Motion Commissioner Cardoza moved adoption of Resolution 08-05-27-1, seconded by Commissioner Ratcliffe, adopting a Categorical Exemption and approving Architectural Control (AC) 07-025, and Conditional Use Permit (CUP) 07-008, 7 - Eleven San Juan for a facade update of an existing service station, and to convert the existing auto service bays to a convenience store which will include the sales of beer and wine under a Type 20 license located at 26572 Junipero Serra Rd., generally located on the southwest corner of the intersection of Junipero Serra and the 1-5 on ramp, 220 feet east of 1-5 and 700 feet west of Camino Capistrano, and more specifically referred to as APN: 649-011-29, with additional conditions that 1) there be no licensing of rental cars and trucks, 2) no subleasing, and 3) no floor display of alcohol. The lighting, signage, pump island configuration treatments, and landscaping returning to the DRC prior to issuance of the certificate of use and occupancy. The motion passed by a vote of 5-0. PC Meetinq Minutes OLD BUSINESS None NEW BUSINESS 27, 2008 1. PLANNING COMMISSION LAND USE DETERMINATION OF EDUCATIONAL USES: WITHIN ORTEGA PLANNED COMMUNITY LOCATED AT 31461 RANCHO VIEJO ROAD GENERALLY LOCATED 400 FEET SOUTH OF ORTEGA HIGHWAY (APN: 666-131-12). Written Communications May 27, 2008 Property Owner Ortega Ranch, LLC, 31461 Rancho Viejo Rd., Suite 104, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Kirk presented the staff report and recommended that the Planning Commission by minute order provide direction to staff for appropriate application of the previously approved Comprehensive Development Plan. Commissioner Questions and Comments Chair Cohen asked if this would set a precedent if the Planning Commission reacted favorably. Mr. Taylor said unlisted uses can be forwarded by the Planning Director or designee to the Planning Commission, and uses would be reviewed on a case-by-case decision. Applicant Kathy Salazar, 70 Sklar, Apt. 1217, Ladera Ranch, said that she has been running the school for about 3 Y2 years, and that massage therapy and herbalogy classes are given in the evening. Commissioner Cardoza asked the number of students and the amount of time it takes to complete the course. Ms. Salazar said there are typically 4-6 students, a 100% placement rate and a 100% national pass rate, and it takes six months to 1 Y2 years to complete the course. Commissioner Ratcliffe said her only concern would be a lot more people coming in. Motion Commissioner Neely moved, seconded by Commissioner Cardoza, that by minute order, the Planning Commission provides direction to staff to allow educational uses subject to a CUP, excluding preschools, primary and secondary schools. The motion passed by a vote of 5-0. PC Meeting Minutes 6 May 27, 2008 2. CONTINUED CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 87-05 MOD#1 MARBELLA ENTRYWAY A REQUEST TO RE -DESIGN AND CONSTRUCT LANDSCAPE AND ARCHITECTURAL IMPROVEMENTS WITHIN THE MARBELLA COMMUNITY ENTRYWAY. THE PROPERTY IS ZONED PLANNED COMMUNITY ((PC) CDP 86-4) WITH A GENERAL PLAN DESIGNATION OF OPEN SPACE RECREATION (OSR), GENERALLY LOCATED AT THE ENTRANCE TO GOLF CLUB DRIVE APPROXIMATELY 20 FEET EAST OF RANCHO VIEJO ROAD AND 400 FEET SOUTH OF THE MARBELLA VISTA (APN 650-611-03) (APPLICANT: MARBELLA PROPERTY OWNERS ASSOCIATION). Written Communications May 27, 2008 Applicant John Hourian, Hourian Associates, Landscape Architects, 24661 Del Prado #3, Dana Point, CA 92629 Property Owner Marbella Property Owners Association, 39 Argonaut, Suite 100, Aliso Viejo, CA 92656 Staff presentation & recommendation Mr. Contreras presented the staff report and recommended that the Planning Commission review the proposed project and adopt a Resolution conditionally approving the project and finding the project exempt from CEQA. Public Comments Jeff Bickle, 30471 Marbella Vista, a resident and member of the architectural subcommittee, asked that the Condition 6, sign permit, be approved, asked that the following wording be added to Condition of Approval Condition 19.c: "will be of a decorative nature," and asked if Condition 35 is a standard condition. Mr. Taylor said that Item 6, the sign permit could be approved administratively, and that there wouldn't be a problem with adding the proposed wording to Condition 19.c. Mr. Contreras said that Condition 35 is a standard condition whenever there is a remodel. Commissioner Comments Commissioner Cardoza said he thought the signage had already been approved. Motion Commissioner Kerr moved adoption of Resolution 08-05-27-2, seconded by Vice Chair Ratcliffe, adopting a Notice of Exemption and approving Architectural Control (AC) 87-05 Mod#1 to re -design and construct landscape and PC Meeting Minutes 7 May 27, 2008 architectural improvements within the Marbella Community Entryway generally located at the entrance to Golf Club Drive, approximately 20 feet east of Rancho Viejo Road and 400 feet south of the Marbella Vista and more precisely referred to as Assessors Parcel Number 650-611-03 (Marbella Property Owners Association), with the following wording to be added to Condition of Approval Condition 19.c: "will be of a decorative nature." The motion passed by a vote of 5-0. 3. ARCHITECTURAL CONTROL (AC) 08-012, GATES BUILDING SIGN MODIFICATION: CONSIDERATION OF A MODIFICATION TO AC 04-08 A SIGN PROGRAM FOR THE GATES PROFESSIONAL BUILDING 31601 AVENIDA LOS CERRITOS (APN 650-151-17).(APPLICANT: BRAD GATES). Written Communications May 27, 2008 Property Owner Cerritos Land Partners, 28546 Paseo Diana, San Juan Capistrano, CA 92675 Applicant Brad Gates, 28546 Paseo Diana, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Nick Taylor presented the staff report and recommended that the Planning Commission by motion, adopt the attached draft resolution approving the modifications to the monument sign, subject to conditions of approval. Motion Commissioner Cardoza moved to adopt Resolution 08-05-27-3 approving a modification to an existing sign program (AC) 04-08 to increase the size of tenant identification signs on an existing monument sign at 31601 Avenida Los Cerritos. (APN 650-151-17) (Gates Building), seconded by Commissioner Neely. The motion was passed by a vote of 5-0. Chair Cohen called for a recess at 8:35 p.m. and reconvened the meeting at 8:44 p.m. 4. PLANNING COMMISSION LAND USE DETERMINATION FOR PERMITTED USES: WITHIN ORTEGA RANCH PLANNED COMMUNITY LOCATED AT 31371-31571 RANCHO VIEJO ROAD GENERALLY LOCATED 400 FEET NORTH OF ORTEGA HIGHWAY (APN: 650-142-11). Written Communications May 27, 2008 Property Owner PC Meetinq Minutes 8 May 27, 2008 Ortega Ranch, LLC, 31461 Rancho Viejo Rd., Suite 104, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Nick Taylor presented the staff report and recommended that the Planning Commission by minute order provide direction to staff for appropriate application of the previously approved Comprehensive Development Plan by administrative policy. Commissioner Questions and Comments Commissioner Cardoza asked about the vacancy rate and the types of current and future uses allowed. Oscar Schwartz, Seligman Western Enterprises, 2049 Century Park East, Los Angeles, said there are approximately 14,500 vacant square feet currently. The only buildings a restaurant would go in are Buildings A-7 and B-1. The current uses are general office, medical, insurance agents, attorneys, mortgage companies, a bank, and entrepreneurial businesses. Ronda Hall, 921 Sentimental, Aliso Viejo, said the applicant does not understand why the food businesses are not allowed in the center other than the Panini sandwich shop. Commissioner Kerr asked about the adequacy of parking for a full-scale restaurant. Ms. Hall said that 80 percent of the park is empty at 5:00 p.m. Mr. Nick Taylor said the permitted uses are support retail consistent with small restaurants or cafes primarily serving the office park. Chair Cohen said that based upon the parking and traffic envisioned for the center, there are to be accessory uses to provide services for people working in the Ortega Ranch center. Public Comments Richard Bracamonte, 27532 San Blas, Mission Viejo, spoke in opposition to proposed restaurant uses in the Ortega Ranch center, and said three more restaurants are going in at Marbella Plaza. Applicant Kirsten Motte, 507 Poinsettia, Corona del Mar, licensed physical therapist and one of the owners of InBalance, said they are moving from one medical zoned area to another medical zoned area. They provide individual rehabilitation and physical therapy including Pilates, and yoga, as well as 1 -hour group classes two to three times a week for 6 to 10 persons. Applicant Shelley Brotman, #6 Skywood Street, Ladera Ranch, a certified Pilates instructor, said she works with physical therapists. PC Meetinq Minutes 9 May 27, 2008 Madeline Arakelian, 25172 Plexicon Restaurant Services Inc. is a small and dinner for businesses in the area. Drive, Laguna Hills, said that Caterina's bistro that would provide breakfast, lunch, Alton Frasier, 38481 Shoal Creek Drive, Murrieta, on behalf of the coffee shop and Panini sandwich shop, said there is a need for tenants with a short lunch hour to have outdoor dining in the center. Commissioner Comments Commissioner Neely asked if the proposed commercial uses exceed the square footage of buildings A-7 and B-1. Mr. Nick Taylor said the square footage of the proposed uses does not exceed the square footage of buildings A-7 and B-1. Commissioner Cardoza said that he supports small businesses. Vice Chair Ratcliffe said the physical therapy use might be more appropriate in a medical building than in a storefront. Chair Cohen suggested looking at the CDP and differentiating between a support business for tenants and a retail business attracting business from the community. Mr. Taylor said that this item doesn't require a motion. Staff will put together an administrative policy statement. A restaurant serving dinner does not serve the tenants, and additional churches in the center would be problematic. Commissioner Kerr inquired if Pilates classes were open to the public. Kirsten Mott stated they provide one on one and group classes. Group classes are for six (6) to ten (10) persons. Commissioner Kerr said that tenants may want to pick up dinner on the way home. Mr. Taylor agreed that a restaurant could be open until 8 p.m. or 9 p.m. to accommodate tenants. Chair Cohen asked that staff look at Minutes of previous meetings for representations of the applicant. Action By minute order, provided direction to staff for appropriate application of the previously approved Comprehensive Development Plan by administrative policy to allow support retail and restaurant uses in buildings A-7 and B-1 and deem Inbalance Pilates medical uses. Outdoor dining is acceptable. 5. Land Use Determination — "Green" and "Alternate Roof Materials": a request from staff and the general public for Planning Commission interpretation PC Meeting Minutes 10 May 27, 2008 of municipal code requirements pertaining to applicants proposing to install "green" and/or alternate roof materials on residences and accessory structures to include PVC Membrane (vinyl type), engineered polymer (synthetic stone and shake), standing seam copper and corrugated (recycled) metal. The proposed materials are currently not identified in Title 9 of the Land Use Code. Written Communications May 27, 2008 Staff presentation & recommendation Mr. Grant Taylor presented the staff report and recommended that the Planning Commission accept testimony from applicants and the general public, provide direction to staff on review criteria and procedures, direct staff to draft an "Administrative Policy Directive," and implement the review process consistent with the Policy. Since the Planning Commission meeting in March 2008 staff has received requests from 1) Casitas Capistrano Home Owner's Association (HOA) #1 to install the PVC membrane roof material on the flat roof condominiums, 2) Request from ArmorLite Roofing Technology to utilize roof material with engineered polymer that creates synthetic slate and shake roofs, 3) Requests to utilize "ecoshake" a roof material consisting of wood and plastic that resembles a wood shake roof, 4) Requests to utilize "Standing Seam Copper" roof that is treated with an acid bath to prevent discoloration, and 5) Request to utilize corrugated metal roof similar to the style and material used in the Los Rios Historic district on the train station dept cover. Public Comments Joe Scharra, 3535 East Coast Highway, Corona del Mar, founder of ArmorLite Roofing Technology, said the material has been on the market for over 40 years and has been used in the space shuttle. Robert Stroebel, 22471 Rippling Brook Lake Forest, spoke on behalf of Ozone Roofing provided a sample and written information, and said they have been in business for 30 years and have not had any material problems. Mr. Contreras asked where this product is being proposed. Mr. Taylor said this product is being proposed for Casitas Capistrano. Mike Barth, 31495 Paseo Christina, San Juan Capistrano, said he has been researching roofing materials and is waiting for approval of the City to get it installed. PC Meeting Minutes 11 May 27, 2008 Maryann Tucker, 28028 Paseo Alba, San Juan Capistrano, asked the Planning Commission to approve Armorl_ite roofing material before her insurance company cancels her policy in August 2008. Action Planning Commissioners provided direction to staff on review criteria and procedures, directed staff to draft an "Administrative Policy Directive", and implemented the review process consistent with the Policy. The appropriate materials to evaluate should go to the DRC. The Tucker request could be fast tracked to the DRC. COMMISSION/STAFF COMMENTS Mr. Taylor said that the banner on Marbella is still there. The standpipe location in front of Ralph's has a City determination. There will be six items for the Planning Commission meeting on June 10, 2008. If City Council approves the budget, the reorganization becomes effective on June 16, 2008, and Planning would also inherit Building and Safety and Code Enforcement, and would become Community Development. Vice Chair Ratcliffe said that she informed Mr. Taylor of a shocking tree maintenance plan proposal by a professional tree maintenance company to an HOA. Chair Cohen said that the memorial service for Joe Drey will be at noon Friday, May 30, 2008 at the Mission, with a Rosary at 7:00 p.m. Thursday evening at the Mission. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:13 p.m. The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, June 10, 2008 at 7:00 p.m. in the City Council Chamber. Approved: Grant Taylor, AsgKtanf Planning Director Iv7/