PC Minutes-2007-01-0932400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www. sanj uancapistrano. org
CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, JANUARY 9, 2007
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
The meeting of the Planning Commission was called to order by Chairman Cardoza at
7:00 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Joe Drey
Gene Ratcliffe
Commissioners Absent: Tim Neely (excused)
Staff members in attendance: William Cunningham, Interim Planning Director; Jason
Retterer, sitting in for the Deputy City Attorney; William Ramsey, Principal Planner;
Douglas Dumhart, Economic Development Manager; Nicholas Taylor, City Manager
Intern; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
None.
PUBLIC HEARINGS
San Juan Capistrano; Preserving the Past to Enhance the Future
Prinled on recycled paper
PC Meeting 2 January 9, 2007
CONDITIONAL USE PERMIT 03-08 MODIFICATION #2 NAPA VALLEY WINE BAR;
ORVILLE BENSKIN, OWNER OF THE NAPA VALLEY WINE BAR, REQUESTS A
MODIFICATION TO THE EXISTING CONDITIONAL USE PERMIT TO ALLOW AN
EXPANSION OF THE "ALCOHOLIC BEVERAGE RETAIL SALES (INCLUDING WINE
TASTING)" USE AND THE 'TAVERN & BREWPUB" USE. THE PLANNING
COMMISSION HAS PREVIOUSLY APPROVED THESE CONDITIONAL USES AS
WELL AS THE "LIVE ENTERTAINMENT" AT THE CURRENT BUSINESS LOCATION
IN THE FRANCISCAN PLAZA. THE EXISTING WINEBAR OCCUPIES 1,333 SQUARE
FEET (S.F.) AND THE PROPOSED 666 S.F. EXPANSION WOULD INCREASE THE
BUSINESS TO JUST UNDER 2,000 S.F. THE BUSINESS PRESENTLY OCCUPIES
SUITES 201 AND 202 OF THE PLAZA. THE PROPERTY IS ZONED TOURIST
COMMERCIAL (CT) DISTRICT, AND IS GENERAL PLAN -DESIGNATED "3.1,
GENERAL COMMERCIAL" ON THE GENERAL PLAN LAND USE MAP. (APN 121-
150-27) (APPLICANT: ORVILLE "OB" BENSKIN, PROPRIETOR)
Written Communications
January 9, 2007
Applicant
Orville Benskin, Napa Valley Wine Bar, LLC, 31781 Camino Capistrano, #203, San
Juan Capistrano, CA 92675
Property Owner
David Busk, Owner, Franciscan Plaza, LLC, P.O. Box 2849, Mission Viejo, CA 92691
Staff presentation & recommendation
Mr. Ramsey presented the staff report saying that the applicant requests approval of a
modification to a Conditional Use Permit to expand the "tavern & brewpub" use and
"alcoholic beverage retail sales (including wine tasting)" located at 31781 Camino
Capistrano, Suites "201, 202, & 203" in the Franciscan Plaza.
Commissioner Questions and Comments
Vice Chairman Cohen asked if the CUP would be nullified should the applicant stop
providing food service. Mr. Retterer said that not providing food service would not
automatically invalidate the CUP due to the issue of due process.
Chairman Cardoza asked the duration of the CUP. Mr. Retterer said that a provision in
the Zoning Code states that whenever any use of land, building, or premises
established under a CUP is discontinued for a period of six months, it shall be unlawful
to reestablish such use unless a new CUP is applied for and approved in accordance
with the zoning ordinance.
Public Hearings
Applicant Orville Benskin said they opened on July 28, 2006, that food comprises about
30-40 percent of the operation, that more space is needed for retail sales, and asked
that the CUP be approved.
PC Meeting 3 January 9, 2007
Motion
Vice Chairman Cohen moved, seconded by Commissioner Drey, to adopt Resolution
07-1-9-1 approving a Conditional Use Permit modification to expand the "tavern &
brewpub" use and the "alcoholic beverage retail sales (including wine tasting)" use at
31781 Camino Capistrano in the Franciscan Plaza (Assessor's Parcel Number 121-150-
27 (Napa Valley Winery).
AYES: Commissioners Drey, Ratcliffe, Vice Chairman Cohen, Chairman Cardoza
NOES: None
ABSENT: Commissioner Neely
ABSTAIN: None
The motion passed by a vote of 4-0.
OLD BUSINESS
None.
NEW BUSINESS
TEMPORARY USE PERMIT (TUP) 06-15, PARKING EXCEPTION FROM CODE
SECTION 9.3-602 (D) (2) ET. AL, AND APPROVING TUP 06-15, FOR TEMPORARY
PARKING LOT DESIGN LOCATED AT 26871 ORTEGA HIGHWAY (FORMER
WALNUT GROVE RESTAURANT). (APPLICANT: CITY OF SAN JUAN CAPISTRANO)
Written Communications
January 9, 2007
Property Owner
Gretchen Thomson, Stroscher Enterprise Partnership, P.O. Box 129, San Juan
Capistrano, CA 92693
Applicant
San Juan Capistrano, Community Redevelopment Agency, 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675
Staff presentation & recommendation
Mr. Taylor presented the staff report as a request for a Temporary Use Permit on the
former Walnut Grove site for temporary public parking, and referred to a map on the
wall. The proposed design does not meet Municipal Code Standards with respect to the
continuous curbing, lighting, and interior landscaping islands. However, because of the
temporary nature of the use staff is requesting adoption of a resolution granting an
exception to code standards. The property is identified as assessors Parcel Number
PC Meeting 4 January 9, 2007
124-170-12. The parcel is "L" shaped, and fronts 75 feet on Ortega Highway and 75 feet
on EI Camino Real.
Staff recommends that the Planning Commission adopt the resolution granting
exception from Code Section 9.3-602 (D) (2) et. Al. and approve the temporary parking
lot design that provides for the development of 62 temporary parking spaces.
Commissioner Questions and Comments
Vice Chairman Cohen voiced concern regarding safety and asked how many light poles
are at the lot across from Cedar Creek. Mr. Dumhart said there are 15 fixtures in the
40,000 s.f. Texaco lot, 2 existing poles on the north side of the 20,000 s.f. Walnut Grove
lot, and that City Council requested that a couple fixtures be added to the east side of
the property near the Mission Inn,
Vice Chairman Cohen asked if this property will escape the Caltrans interchange
revamping. Mr. Dumhart said we don't know until a permanent design is selected how
much right-of-way will impact the Mission Inn property. None of the five options under
consideration impact the Walnut Grove property. It is expected that the entire 3 -acre
holding will be redeveloped inclusive of the Arco lot.
Commissioner Ratcliffe asked the height of the retaining wall surrounding the property.
Mr. Dumhart said the retaining wall ranges from 18" at Ortega Highway to just over 5' at
the rear of the property.
Chairman Cardoza asked about the budget and who would pay for it. Mr. Dumhart said
the budget is approximately $55,000 that the Redevelopment Agency is funding the
temporary improvements as part of an interim beautification project, and if the Yorba
Plaza project is initiated, that may impact parking.
Public Comments
Boots Leone, 31962 Via Belardes, voiced concern regarding the investment of City
funds on a temporary parking project that might be impacted by the future Caltrans
interchange project. Mr. Dumhart said that none of the five alternative proposals for the
interchange project impact the Walnut Grove site, the property owner has offered the
land to the City at no cost, and the City is trying to keep improvement costs to a
minimum. Mr. Cunningham said that this is a temporary use for two to four years and
staff is proposing that costs be kept to a minimum.
Motion
Commissioner Drey moved, seconded by Chairman Cardoza, to adopt Resolution 07-1-
9-2 approving temporary parking lot design located at 26871 Ortega Highway (Walnut
Grove site) and granting exception for deviation from Municipal Code Section 9.3-602
(D)(2) et. al., with the condition that prior to the use of the parking lot after dark staff
conduct lighting tests and provide assurances that minimum light standards have been
PC Meeting 5 January 9, 2007
met to the satisfaction of the City Attorney and Planning Director, with a site review by
the Planning Commission.
AYES: Commissioners Drey, Ratcliffe, Vice Chairman Cohen, Chairman Cardoza
NOES: None
ABSENT: Commissioner Neely
ABSTAIN: None
The motion passed by a vote of 4-0.
COMMISSION/STAFF COMMENTS
Mr. Cunningham said that code enforcement has begun on the four signage violations
in the Von's Center.
Mr. Cunningham said that strike -out underline copies of the Land Use Code had been
distributed to Commissioners and there will be an agenda item at the January 23, 2007
Planning Commission meeting for a discussion of how the Commission wants to
proceed.
Mr. Drey asked if the extension of San Juan Creek Road had been abandoned. Mr.
Ramsey said that although the City will not endorse an extension of San Juan Creek
Road until the landfill has been closed, which may be 45 years from now, the road
extension has not been deleted from the City's Master Plan of Streets and Highways or
from the Orange County Transportation Authority's Master Plan.
Commissioner Ratcliffe said that the continuous bicycle trail to Dana Point is an
example of well -spent capital improvement money.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
8:07 p.m.
The next regular meeting is scheduled for Tuesday, January 23, 2007, at 7:00 p.m. in
the Council Chambers.
Approved:
�5
William Cunningham, Int rim Planning Director%I3,%o7