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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