PC Minutes-2008-11-2532400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
CALL TO ORDER
November 25, 2008
PLANNING COMMISSION MINUTES
REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
Chair Cohen called the regular meeting of the San Juan Capistrano Planning
Commission to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Chair Cohen led the flag salute.
ROLL CALL
PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene
Ratcliffe and Commissioner Robert Cardoza.
COMMISSIONERS ABSENT: Commissioner Tim Neely and Commissioner Ginny Kerr
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.
1. APPROVAL OF PLANNING COMMISSION MINUTES OF NOVEMBER 13
2008. Vice Chair Ratcliffe stated she would abstain as she was not present at this
meeting. Due to lack of a quorem for the item, Chair Cohen continued the item to the
next regular meeting on December 9, 2008.
San Juan Capistrano: Preserving the Past to Enhance the Future
Q* `M Printed on 100% recycled paper
CONTINUED PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT (CUP) 08-04, BEST WESTERN INN -ROYAL
STREET COMMUNICATIONS. A request for approval of site and architectural plans to
develop a wireless telecommunications facility on a 2.9 acre parcel located at 27174
Ortega Highway, generally located 180 feet south of Ortega Highway and 280 feet east
of Interstate 5. (APN 666-161-21)(Applicant: Royal Street Communications)(Project
Manager: Justin Kirk, Associate Planner)
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report and stated the project is a
proposal for development of a wireless telecommunication facility consisting of a faux
chimney on the roof of a two-story hotel that measures 5'-5" in height which consists of
six panel antennas fully enclosed within the structure, four exterior equipment cabinets
installed at grade behind a new eight foot block wall enclosure and relocation of two
trash enclosures. The subject property is the Best Western Inn located at 27174 Ortega
Highway in the GC (General Commercial) zone. Mr. Kirk commented the DRC
performed three reviews and the applicant has complied with comments. Staff
recommends approval.
Public Hearing Comments
Michelle Felton, 2923-A Saturn Street, Brea, CA, spoke on behalf of the applicant Metro
PCS and Royal Street Communications.
Planning Commissioner Questions and Comments
Vice Chair Ratcliffe inquired if the old antennas and/or future relocations could be
included in this structure, and commented the DRC made design modifications so the
project would be acceptable.
Commissioner Cardoza inquired about the future freeway ramp affecting the property
and concurred with Vice Chair Ratcliffe that the DRC had addressed design issues.
Chair Cohen inquired if staff had researched other CUP conditions, inquired about
revisiting former cellular CUP cases, commented the DRC did a good job addressing
design issues, and thanked the applicant for their cooperation.
Associate Planner Kirk responded that old technology is not consistent with new
technology and the old antennas and/or future relocations could not be made with this
project, and commented staff had researched other CUP conditions and none of the
cases had provisions to revisit the conditions and/or upgrade technology.
Assistant Community Development Director Taylor commented the Caltrans 1-5/Ortega
Highway Intersection project has two alternatives, 3 and 5, neither of which would affect
the Best Western property.
PC Minutes 2 November 25, 2008
Motion by Vice Chair Ratcliffe to adopt Resolution 08 -11 -25 -XX approving Conditional
Use Permit (CUP) 06-004, seconded by Commissioner Cardoza. The motion passed
by a vote of 3-0.
NEW PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT (CUP) 08-008, JUNGLE MOTORS. An application
for the establishment and operation of a 7,749 square foot retail vehicle sale facility
within an existing 10,593 square foot suite. No exterior modifications or site
improvements are proposed as a part of this project. The property is located at 32955
Calle Perfecto, generally located approximately 760 feet north of Avenida Aeropuerto
and 1,020 feet west of Camino Capistrano. (APN 668-431-08)(Applicant: Jungle Motors
— Andra Sachs)(Project Manager: Justin Kirk, Associate Planner)
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report and stated the application is for
the establishment and operation of a 7,749 square foot retail vehicles sale facility for
electric cars within an existing 10,593 square foot suite. No exterior modifications or
site improvements are proposed. The subject property, Jungle Motors, is located at
32955 Calle Perfecto in the IP (Industrial Park) zone. Staff recommends approval.
Public Comments
Brad Sachs 32955 Calle Perfecto, San Juan Capistrano, CA is a Jungle Motors
engineer who spoke in support. Commented they convert gas to electric motors, sell
through the internet, no stock in the showroom, and the State requires a dealer sales
license.
Mr. Sachs responding to Commissioner questions stated there are three exiting lifts
from the previous tenant above ground, no need for in -ground lifts, all activities are
inside the building, retail sales are secondary as conversions are primary activities, they
do not work nights or weekends and parking would not conflict with the church, they
would honor warranties to service vehicles, and they are not required nor are members
of the Bureau of Auto Repair.
Planning Commissioner Questions and Comments
Vice Chair Ratcliffe commented on page four of the staff report that no new construction
or signs is proposed and inquired if there are any existing signs on-site or new signs
proposed, commented she supports the use, the use is compatible with the church and
parking is sufficient.
Chair Cohen inquired if the building has hoists above or in -ground, if there is vehicle
storage, are retail sales are secondary, if the applicant understands no outside storage
is permitted, and is the business registered with the Bureau of Auto Repair.
Commented he has concern with warranties if customers return for service.
PC Minutes 3 November 25, 2008
Commissioner Cardoza commented conditions of approval are appropriate for proposed
use, restrictions are clear, violation of CUP conditions could result in revocation and no
uses would be conducted outside the building.
Associate Planner Kirk commented there is an existing sign that is permitted and no
new signs are proposed.
Motion by Commissioner Cardoza to adopt Resolution 08 -11 -25 -XX approving
Conditional Use Permit (CUP) 08-008, seconded by Vice Chair Ratcliffe. The motion
passed by a vote of 3-0.
2. CONDITIONAL USE PERMIT (CUP) 08-009, REDLINE ATHLETICS. A request
for approval of the establishment and right to operate a 3,900 square foot athletic
training facility (not requiring outdoor facilities) located in the CM (Commercial
Manufacturing) zone district. No exterior modifications or site improvements are
proposed as a part of this project. The proposed site is located at 32405 Calle Perfecto.
(APN 668-501-08)(Applicant: Lyndsey Simmons)(Project Manager: Nick Taylor,
Planning Technician)
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report and stated the project is a
request for the establishment and right to operate a 3,900 square foot athletic training
facility located at 32405 Calle Perfecto in the CM (Commercial Manufacturing) zone.
No exterior modifications or site improvements are proposed. Mr. Taylor commented
the project is at the end of Calle Perfect near Harley Davidson, 26 stalls are required for
the use, and the parking lot provides an excess of 10 stalls. Staff recommends
approval subject to limiting class size to 15 students and providing two more ADA
parking stalls for a total of three ADA stalls.
Public Comments
Lyndsey Simmons, 9 Marquesa, Dana Point, CA the applicant spoke in support and
commented he is concerned with ADA parking condition.
Planning Commissioner Questions and Comments
Vice Chair Ratcliffe inquired if the sign on the building is permitted, supports the project.
Chair Cohen inquired if there would be any outside activities, can the applicant apply for
an outside activity special permit.
Commissioner Cardoza inquired if they lease the building, are parking areas separate
ownership, and that ADA may not be Planning Commission prevue. Commented he
supports the use, there will be no outside activities, and encouraged staff to address the
ADA requirement.
Planning Technician Nick Taylor commented the existing building sign is permitted,
there would be no outside activities, special outdoor activities could be reviewed and
approved by the Director subject to a Special Activities Permit.
PC Minutes 4 November 25, 2008
Assistant Community Development Director Taylor commented the Building Official
makes determinations on ADA requirements and staff would review the ADA parking
with him. Mr. Taylor suggested condition #16 be amended to have the Building Official
review ADA parking.
Motion by Vice Chair Ratcliffe to adopt Resolution 08 -11 -25 -XX approving Conditional
Use Permit (CUP) 08-009 subject to amending condition #16 referring ADA parking
review to the Building Official, and that the property owner is responsible for
implementation of ADA improvements, seconded by Commissioner Cardoza. The
motion passed by a vote of 3-0.
OLD BUSINESS
1. CIP 111 — DEL OBISPO STREET AND CAMINO CAPISTRANO
INTERSECTION IMPROVEMENTS. (Applicant: City of San Juan Capistrano)(Project
Manager: Nisha Patel, Associate Engineer)
Staff Presentation and Recommendation
Assistant Community Development Director Taylor stated the City Public Works
Department and the Plaza de Prosperidad property owners have requested a
continuance of the item to December 9, 2008 to allow the property owners time to digest
the environmental review and staff time to address concerns.
Public Comments
None
Planning Commissioner Questions and Comments
None
Motion by Chair Cohen to continue to December 9, 2008, seconded by Commissioner
Cardoza. The motion passed on a vote of 3-0.
NEW BUSINESS
None
COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor commented on the memorandum
from staff to the Planning Commission dated November 13, 2008 that addressed
comments from Commissioner Neely regarding a presentation to the Orange County
Board of Supervisors regarding converting lighting to LED or fluorescent and an inquiry
from Commissioner Kerr regarding reclaimed water use in the City. The following
meetings items were identified:
• 11/04/08 City Council actions;
• 11/6/08 DRC actions;
PC Minutes 5 November 25, 2008
• 11/18/08 City Council agenda items;
• 11/20/08 DRC agenda items;
• 11/25/08 Planning Commission agenda items;
• 12/2/08 City Council agenda items.
Assistant Community Development Director Taylor further commented:
• Staff had investigated the Ortega Shell Gas Station landscaping and lighting
plans, observed potential inconsistencies, and will investigate further;
• He attended a City Council formed Boards and Commissions subcommittee
where a suggestion was made that Planning Commission and Design Review
Committee (DRC) members should attend the staff Development Advisory Board
(DAB) meetings;
• Reminded the Planning Commission that the special work session on the sign
ordinance is scheduled for Wednesday, December 10, 2008 at 7:00 pm in City
Manager Conference Room #1;
• Informed the Commission of a city mandated work furlough from December 22,
2008 through January 2, 2009;
• Informed the Commission that with budget cuts staff no longer has funding to
have arborist reports for City tree removal projects;
• Informed the Commission that J. Serra High School had been scheduled for a
Architectural Control Modification review of a temporary parking lot and
landscaping however the applicant had not submitted revised plans, missed the
DAB meeting, missed the DRC meeting, and was pulled from tonight's agenda;
• Commented Jungle Motors has been operating for about a year.
Commissioner Cardoza commented he attended the November 18, 2008 City Council
meeting and there was an item regarding a Boards and Commission Council
Subcommittee for streamlining the Planning Commission and DRC process.
Commented he supports Planning Commission and/or DRC attending the DAB
meetings, inquired about the J. Serra High School applicant claiming an agenda item
was scheduled for tonight, and wished everybody a happy Thanksgiving.
Vice Chair Ratcliffe commented the Ortega Shell Gas Station lighting is intense and
thanked staff for researching.
Chair Cohen inquired how long Jungle Motors had been operating as a repair facility,
commented he had contacted Council Member Uso regarding the boards and
commissions streamlining process meeting and stated Council Members Uso and
Freese commented on encouraging staff to forward land use determinations to the
Planning Commission for conceptual review, Transportation Commission's role, joint
work sessions with Planning Commission and Transportation Commission and/or Parks,
Recreation and Equestrian Commission, reduce multiple board/commission meetings,
and they would agendize the item at a future City Council meeting. Chair Cohen wished
Steven Apple well in his hip replacement surgery, encouraged staff to forward a get well
card with Planning Commissioner signatures, and wished everybody a happy
Thanksgiving.
PC Minutes 6 November 25, 2008
ADJOURNMENT
Chair Cohen adjourned the meeting at 8:00 p.m.
Approved:
Grant Taylor,
Assistant Community Development Director
PC Minutes f I November 25, 2008