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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