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PC Minutes-2008-09-2332400 PASE.0 ADELANro SAN JUAN CAPISTRANO, CA 92675 (949) 493-1971 (949) 493-1053 FAX WWW san)uancapastr^anaorg �ffj' 4arexeig01� 7 ......... ..... r F MEMBERS OF THE CITY COUNCIL (1776 SAMALLEVATO WORPHRM THOMAS W. h RISAR MARKNPELSEN JOE SOTO ® DR. LONDRES USO September 23, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE Chair Cohen led the flag salute. C. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Cohen, Vice Chair Gene Ratcliffe, Commissioner Robert Cardoza, and Commissioner Tim Neely. COMMISSIONERS ABSENT: Commissioner Ginny Kerr D. ORAL COMMUNICATIONS NONE 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. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 26 2008. Motion by Vice Chair Ratcliffe to approve the August 26, 2008 Planning Commission Minutes, seconded by Commissioner Cardoza. The motion passed by a vote of 3-0-1 with Commissioner Neely abstaining. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF SEPTEMBER 9 2008. Motion by Commissioner Neely to approved the September 9, 2008 Planning San ..Tian C apisfrawo.° Preverving the J'asl to Enhance the Future ell Purled on I00°i, recydea rarer Commission Minutes, seconded by Commissioner Cardoza. The motion passed by a vote of 3-0-1 with Chair Cohen abstaining. F. CONTINUED PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT CUP 07-007 COAST BIBLE ROYAL STREET COMMUNICATIONS. A request for approval to install, operate, and maintain an unmanned wireless telecommunications facility. The project is located at 26300 Via Escolar, generally located approximately 530 feet north of Wild Wood Lane, 160 feet south of Via Escolar, and 315 feet west of Rancho Viejo. (APN 650-011-25)(Applicant: Tom Flynn, Royal Street Communications)(Project Manager: Justin Kirk, Assistant Planner). Staff Presentation and Recommendation Assistant Planner Justin Kirk presented the staff report and stated the applicant is requesting approval to install a wireless telecommunication facility that would consist of a 35 foot tall, freestanding ancillary structure with a 3 foot tall cross that would contain internally mounted cellular antennas, construct a 220 square foot equipment enclosure for four pieces of equipment screened by a 7' tall block (slump stone) fence. The subject property is located at 26300 Via Escolar within the P & I (Public and Institutional) zone that has a Public and Institutional General Plan designation. The applicant has explored a variety of cellular antennas to include faux trees, crosses and the ancillary structure. The proposed design is in response to the Planning Commission's June 10, 2008 direction and DRC review on September 4, 2008, Public Hearing Comments Tom Flynn, Royal Telecommunications, support stating they have complied with explore alternative cellular facilities and cross. 2913 El Camino Real, Tustin, CA spoke in DRC and Planning Commission direction to recommend the ancillary structure with the Planning Commissioner Questions and Comments Commissioner Neely commented he has been absent and missed some deliberations, prefers the faux tree, but the ancillary structure is acceptable. Commissioner Cardoza commented the applicant has worked with the DRC and Planning Commission, has explored options, revised the project and he supports the proposal. Vice Chair Ratcliffe commented the "darker" color is acceptable, inquired about slump stone or smooth finish for the equipment shelter wall. Chair Cohen commented he is opposed to a faux tree, appreciates the applicant efforts, commended the DRC efforts, and inquired if the church had originally proposed a cross? PC Minutes 2 September 23, 2008 Assistant Planner Kirk stated the equipment fence is slump stone and the church did originally propose a cross which staff discouraged. Motion by Vice Chair Ratcliffe to adopt resolution 08-09--23-xx approving Conditional Use Permit (CUP) 07-007, seconded by Commissioner Cardoza. The motion passed by a vote of 4-0. G. NEW PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT CUP 06-008 CAPISTRANO BUSINESS PARK ROYAL STREET COMMUNICATIONS. A request for approval of site and architectural plans to develop a wireless telecommunications facility on a 12,845 square foot parcel located at 30250 Rancho Viejo Road, generally located 750 feet north of Jnipero Serra Road and directly east of Rancho Viejo Road. (APN 650162-15)(Applicant: Royal Street Communications)(Project Manager: Justin Kirk, Assistant Planner). Staff Presentation and Recommendation Assistant Planner Justin Kirk presented the staff report and stated the applicant proposes to develop a wireless telecommunications facility designed as an 18 foot tall faux chimney to house six panel antennas fully enclosed within the faux chimney and four exterior equipment cabinets installed at grade behind an 8 foot tall CMU block wall enclosure adjacent to the building. The subject property is located at 30250 Rancho Viejo Road within the OC (Office Commercial) Zone with a General Plan Designation of Office Commercial/Research Park. Mr. Kirk commented that the applicant has redesigned the chimney consistent with other chimneys to include height, massing, and caps. Trees will be retained. Public Hearing Comments Michelle Alton, 2923 Saturn Street, Brea, CA the applicant spoke in support stating the structure is aesthetically unobtrusive, the number of cellular panels have been reduced from six to three and the faux chimney redesigned to match existing chimneys. Planning Commissioner Questions and Comments Vice Chair Ratcliffe inquired about the faux chimney cap and expressed concern with consistency with existing chimneys and deferred to Commissioner Cardoza for DRC directions. Commissioner Cardoza commented the location and scale of the sign on the faux chimney are not appropriate, the DRC should review the sign, the faux chimneys were previously out of scale but have improved consistent with DRC direction. Chair Cohen commented the sign could either go to DRC or back to the Planning Commission as a consent calendar item. PC Minutes J September 23, 2008 Assistant Planner Kirk stated the resolution could contain specific language for the faux chimney cap, suggested Condition #13 regarding the sign could be modified to return to DRC or Planning Commission prior to building permits. Motion by Vice Chair Ratcliffe to adopt Resolution 08-09-23-xx amending condition #13 that the sign size and location shall be brought back to the Planning Commission prior to building permit issuance, seconded by Commissioner Neely. The motion passed by a vote of 4-0. 2. CONTINUATION OF ARCHITECTURAL. CONTROL AC 08-005 & ZONE VARIANCE 08-000 CACHIA MEDICAL OFFICES. A request for review and approval of final design plans for a proposed 7,488 square foot two story office building with a 12,539 square foot subterranean parking area on a 15,342 square foot parcel located at 31551 Avenida Los Cerritos, (APN 650-151-16)(Applicant: Vic Cachia)(Case Planner: Mustin Kirk, Assistant Planner), Staff Presentation and Recommendation Assistant Planner Justin Kirk presented the staff report stating the applicant is requesting approval of a 7,488 square foot two-story office building at 31551 Avenida Los Cerritos in the OC (Office Commercial) zone with an Office Research Park General Plan Designation. Due to unforeseen complications that surfaced during preparation of the agenda item, staff recommends that the project be continued to the October 28, 2008 Planning Commission meeting. Public Hearing Comments Chair Cohen opened the public hearing and continued to October 28, 2008. None L NEW BUSINESS 1. PLANNING COMMISSION LAND USE DETERMINATION PGI 08-003 REDLINE ATHLETICS. A request by staff to determine that Redline Athletics is comparable to a "recreation and leisure use" that requires a conditional use permit. The subject business is located at 32405 Calle Perfecto, generally located at the northernmost terminus of Calle Perfecto. (APN 668-501-08)(App licant: Ron Simmons)(Project Manager: Nick Taylor). Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report and stated Redline Athletics business opened illegally without a business license and a City code enforcement case was initiated on July 3, 2008. The applicant submitted a business proposal package on August 8, 2008. The business is located at 32405 Calle Perfecto in the CM (Commercial Manufacturing) zone with a Quasi -Industrial General Plan designation. PC Minutes 4 September 23, 2008 Based on the business plan, staff has determined that the use is consistent with a "recreation and leisure" (not requiring outdoor facilities) [and use. San Juan Capistrano Municipal Code Section 9-3.305, Table 3-6 describes recreation and leisure uses as "including uses such as game machine arcades, pool and billiard centers, bowling lanes, ice and roller skating rinks, theaters (excluding drive-ins), athletic clubs, and health clubs. The applicant's business plan describes teaching, evaluating, and developing baseball's core skill sets with activities including weight lifting, agility testing, plyometrics, flexibility, mobility exercises, strength and speed training, and conditioning. The applicant contends that the business is most closely related to a "school (business, professional, or vocational)" that is a permitted use in the CM zone. Staff contends that with the amount of athletic activity and training the use is most consistent with an athletic club which would require a conditional use permit. Staff recommends that the Planning Commission accept testimony from the applicant and provide a determination that a conditional use permit is required. Public Comments Ron Simmons and Ashley Simmons, 36 Westgate, Laguna Niguel, CA spoke in support and apologized for an uncoordinated business start. Mr. Simmons summarized the business and referred to handouts provided to the Planning Commission. Mr. Simmons commented he is willing to work with the City but the $8,000 CUP deposit is excessive. Mr. Simmons further stated all future activities would be in the building and the business is for 9 to 13 year olds. Planning Commissioner Questions and Comments. Commissioner Neely inquired if the operations were restricted to the building and if outside activities were allowed. Mr. Neely commented that closing the lousiness may involve litigation, if the business is successful it may create impacts, a conditional use permit provides the City with better control as conditions could be implemented, requested acceptable plans and a list of uses, agreed $8,000 is excessive and inquired about a lower deposit, suggested the applicant move quickly on a formal application, and no special events be conducted. Commissioner Cardoza inquired to the applicant is he understood a conditional use permit process and the specifics of the business. Mr. Cardoza commented kids are energetic and go outside, conditions in a CUP are more enforceable and inquired if the business could receive a temporary extension until a CUP is processed. Chair Cohen commented what the City would gain from a CUP, the business is unique, identified a cheer academy in the vicinity, the business is a code enforcement case with initial problems but no new problems, concerned with outside activities, and the CUP conditions would regulate potential impacts. Chair Cohen commented a temporary license similar to what was done in Marbella may be appropriate and if there are problems it can be revoked, the business may be good for the community, unsupervised minors can be problematic, encouraged staff to work with the applicants, and encouraged the applicants to move quickly. PC Minutes 5 September 23, 2008 Vice Chair Ratcliffe commented she is concerned with enforcement, future uses, that the nature of the business may change, activities may be disruptive and she is favoring a conditional use permit. Assistant Community Development Director Taylor commented the applicant should have known a business license was required prior to opening, after the initial complaint no further complaints have been received, outside activities in the CM zone are prohibited by the municipal code, enforcing regulations would be difficult without a CUP, special events would require a Special Activities Permit, and encouraged a CUP determination. Mr. Taylor further stated that the fee schedule identifies land use adjustments and modifications as requiring a $2,000 deposit that would be more appropriate for this CUP submittal and suggested the applicant pay this year's business license fee. Deputy City Attorney Reterrer commented a CUP would be appropriate as it would be difficult to implement and enforce conditions. Planning Technician Nick Taylor summarized the CUP application submittal requirements. Motion by Commissioner Neely to require a conditional use permit, applicant pay a $2,000 deposit, continue to a date applicant provide adequate business application within 30 days, and the seconded by Commissioner Cardoza. COMMISSION / STAFF COMMENTS uncertain until a CUP can be processed, the description and plans, applicant submit CUP applicant pay this year's business license fee, The motion passed by a vote of 4-0. Assistant Community Development Director Taylor commented on the memorandum from staff to the Planning Commission providing information on the following: • 9116108 City Council actions; 9118108 DRC actions; • 10/02/08 DRC agenda items; s 10/07/08 City Council items, • 10/14/08 Planning Commission agenda items; s Responses to Planning Commissioner inquiries. Mr. Taylor informed the Planning Commission that the regularly scheduled Planning Commission meeting for November 11, 2008 is a holiday (Veteran's Day) and will be cancelled. Suggested the Commission consider rescheduling a special meeting on Monday, November 10, or Thursday, November 13. The Planning Commission agreed on Thursday, November 13, 2008. Mr. Taylor commented the November 25 Planning Commission meeting is two days before Thanksgiving and the December 23 Planning Commission meeting is two days PC Minutes 6 September 23, 2008 before Christmas. The Planning Commission concurred to proceed with the November 25 meeting and cancel the December 23 meeting. Vice Chair Ratcliffe inquired about big mounds of earth at Ortega Shell station and if they are fill or landscaping, commented the Mojo Yogurt business on Ortega Highway has a preferred parking sign, and the Costco Center has banners on stakes. Commissioner Cardoza inquired about the status of the KFC awnings and status of the Franciscan Theater. Commissioner Neely commented something was dumped down the retaining wall at the Ortega Shell station facing the 1-5 freeway. Chair Cohen inquired about excavation at the Ortega Shell Station, status of Steven's Gardens, and abandoned shopping carts behind the Chevron station on Caltrans right- of-way. Assistant Community Development Director Taylor commented staff would check into the Ortega Shelf station concerns, preferred parking is not permitted and will notify Mojo Yogurt, direct Code Enforcement to inspect Costco Center banners, will check with the applicant on the KFC awnings, will check with Douglas Dumhart about the Franciscan Theater, commented staff met with Mr. Steven's who has agreed to submit a formal sign program application, and will contact Jill Thomas, Public Works Department, who handles abandoned shopping carts. Staff will report back at the next meeting. ADJOURNMENT Chair Cohen adjourned the meeting at 8:33 p.m. Approved: Grant Taylor, Assistant Community Development Director PC Minutes 7 September 23, 2008