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
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')'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
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San Juan Capistrano: Preserving the Past to Enhance the Future
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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/