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PC Minutes-2007-02-1332400 PASE:O ADEI-ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjitancapistrano.org CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, FEBRUARY 13, 2007 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Vice Chairman Cohen called the Planning Commission meeting to order at 7:02 p.m. Vice Chairman Cohen led the Pledge of Allegiance. ROLL CALL Commissioners Present: Commissioners Absent: Sheldon Cohen, Vice Chairman Joe Drey Tim Neely Gene Ratcliffe Robert Cardoza, Chairman (excused) Staff Present: Bill Cunningham, Interim Planning Director; Sam Shoucair, Senior Engineer; David Contreras, Associate Planner; Jason Retterer, Deputy City Attorney; and Eileen White, Recording Secretary. Agenda items are presented in the originally agendized format for the benefit of the minutes reader, but were heard out of order at the meeting. ORAL COMMUNICATIONS - None CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If San Juan Capistrano: Preserving the Past to Enhance the Future 04 Printed on recycled paper PC Meeting 2 February 13, 2007 discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. APPROVAL OF PLANNING COMMISSION MINUTES OF JANUARY 9, 2007 Moved by Commissioner Drey, seconded by Commissioner Ratcliffe, and carried 3-0-1, with Commissioner Neely abstaining, to approve the minutes of the January 9, 2007, Planning Commission meeting. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT (CUP) 06-02 ARCHITECTURAL CONTROL MODIFICATION (AC/MOD) 89-10 TANNINS RESTAURANT; 90 -DAY OF A REQUEST FOR APPROVAL TO EXPAND THE EXISTING RESTAURANT USE AND ESTABLISH A BAR WITH LIVE ENTERTAINMENT AT 27211 ORTEGA HIGHWAY, AND MORE COMMONLY REFERRED TO AS APN 650-211-33(APPLICANT: GEOFF HIRSON) (CASE PLANNER: BILL CUNNINGHAM, CONTRACT PLANNER) Written Communications: February 13, 2007 Representative Phil Schwartze, The PRS Group, 31682 EI Camino Real San Juan Capistrano, CA 92675 Staff Presentation & Recommendation An application for approval to expand the existing Tannins Restaurant located within the Plaza De Las Golondrinas commercial center at 27211 Ortega Highway to include a 3,512 square foot lounge and bar with live entertainment on the second floor, and establish a 705 square foot outdoor dining/patio area on the ground floor level. The Planning Commission conditionally approved the project on November 14, 2006, with the project to return in 90 days for final action. Staff recommended the Commission adopt a resolution approving CUP 06-02, AC/MOD 89-10, as conditioned. Public Hearinq: Phil Schwartze, representing the applicant was available for questions. He indicated agreement with the proposed conditions of approval. Vice Chair Cohen opened the public hearing, and there being no public testimony, closed the public hearing. Commissioner Comments: Commissioner Ratcliffe opposed the request due to the potential of future negative consequences that may arise because the permit runs with the land. PC Meeting 3 February 13, 2007 Commissioners Drey and Cohen supported the request due to reports indicating that no negative events occurred during the 90 -day conditional approval. Motion Commissioner Drey moved, seconded by Commissioner Neely, of Resolution 07-02- 13-01, Approving Conditional Use Permit (CUP) 06-02, and Architectural Control Modification (AC/MOD) 89-10 to allow the expansion of Tannins Restaurant to include: A lounge and bar with live entertainment on the second floor, and outdoor dining patio area on the first floor within the commercial/retail center located at 27201 Ortega Highway. AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: Drey, Neely, Vice Chairman Cohen Ratcliffe None 2. TENTATIVE PARCEL MAP (TPM) 06-146 WOOD: AN APPLICATION TO SUBDIVIDE EXISTING 7.3 ACRE PARCEL INTO TWO RESIDENTIAL LOTS GENERALLY LOCATED ON THE EAST SIDE OF STRAWBERRY LANE (ASSESSOR PARCEL NUMBER 650-171-07)(APPLICANT: SEAN WOOD)(CASE PLANNER: WILLIAM RAMSEY, AICP, PRINCIPAL PLANNER) Written Communications: February 13, 2007 Applicant Sean Wood, 1080 Greenfield Rd. St. Helena, CA 94574 Owner Milton Long, 28333 Ortega Highway, San Juan Capistrano, CA 92675 Staff Presentation & recommendation Bill Cunningham, Interim Planning Director summarized the staff report as request for approval to subdivide an existing 7.3 acre parcel into two parcels: a 2.5 acre parcel and a 4.8 acre parcel. The 7.3 acre parcel is currently developed with an existing single family home and 900 square foot secondary dwelling unit. Approval of the project will allow the applicant to demolish the existing secondary dwelling unit and construct a new 2,500 square foot single family home. Staff recommended the Commission adopt a resolution recommending City Council conditional approval of the proposed project based on findings that the project is consistent with the goals and policies of the General Plan and meets the Title 9, Land Use Code and Subdivision Map Act findings for approval. Sean Wood, applicant, noted the project's compliance with all applicable guidelines and regulations; and indicated the subdivision will allow he and his wife to live on property PC Meeting 4 February 13, 2007 that has been in his wife's family for 35 years. The project is conditioned to require extensive geological study, no additional subdivisions in the future, and testing by City engineers. He noted the private access road, Strawberry Lane, is cooperatively maintained by the homeowners for whom it provides access. Milton Long, property owner, in response to questions from the Commissioners, discussed the status of Strawberry Lane as well as other easements and walking trails on the property. Public Hearing: Vice Chair Cohen opened the public hearing, and there being no public testimony, closed the public hearing. Commissioner Comments: Commissioner Neely ascertained from Jason Retterer, Deputy City Attorney, that the project could not be conditioned to require the applicant address or improve Strawberry Road, which provides access for several properties, as it does not belong solely to him. Motion Commissioner Neely moved, seconded by Commissioner Ratcliffe, to approve Resolution No. 07-02-13-02, approval of a two lot tentative parcel map on an existing 7.30 acre parcel located on the east side of Strawberry Lane and north of Ortega Highway. OLD BUSINESS — None NEW BUSINESS 1. CONSIDERATION OF CALLE ROLANDO FINAL STREET IMPROVEMENT PLANS FOR CALLS ROLANDO VILLAS; A 27 -UNIT AFFORDABLE HOUSING CONDOMINIUM PROJECT ON 2.7 ACRES LOCATED AT THE EASTERN TERMINUS OF CALLE ROLANDO. (APPLICANT: HABITAT FOR HUMANITY OF ORANGE COUNTY, INC.) (PROJECT MANAGER: LYNNETTE ADOLPHSON, MANAGEMENT ANALYST II) Written Communications: February 13, 2007 Staff presentation & recommendation Lynnette Adolphson, Management Analyst Il, summarized the staff report. Habitat for Humanity submitted the final street improvement plans for Calle Rolando, a 27 unit affordable condominium housing project located on at the eastern terminus of Calle Rolando, conceptually approved in September 2006. During final preparation of the plans, a recording error was discovered, and is currently in the process of being corrected. Alternate 1, the original proposal, must be modified to include the removal of PC Meeting 5 February 13, 2007 one more tree that was mistakenly left out in the original proposal. In alternative 1a, staff modified alternative 1 to construct two additional parking spaces on the north side of Calle Rolando. The applicant has submitted a proposal to allow parking on the south side of the street, which would require the elimination of 7 additional trees, for a total of 8 tree removals. She noted the landscaping plans indicate adequate landscaping and the addition of Sycamore Trees. Staff recommended the Commissioners consider the alternatives, adopt a resolution approving the final street plans, and adopt a resolution modifying the tree removal permit accordingly. Public Comment: Mr. Lubowski, City resident, supported alternative 2, with parking on both sides of Calle Rolando, because in this area parking is more important than trees. Ossie Brown, City resident, supported alternative 1 because there is adequate parking for the tenants and customers in the industrial park; would prefer to have the trees instead of the additional parking spaces; and asked staff to ensure consideration of the existing businesses during the project's long construction process. Commissioner Comments Commissioners concurred that alternative 1a was preferable in that it added two additional spaces on the north side of Calle Rolando without the loss of additional trees and preserved the existing trees on the south side. Motion Commissioner Drey moved, seconded by Commissioner Neely, to adopt Resolution No. 07-02-13-03, approving the final street improvement plans for Calle Rolando for the tentative tract 17027, a 27 -unit affordable condominium project on a 2.7 acre parcel located at the easterly terminus of Calle Rolando. Motion Commissioner Drey moved, seconded by Commissioner Neely, to adopt Resolution No. 07-02-13-04, modifying the tree removal permit for a 27 -unit affordable condominium project on a 2.7 acre parcel located at the easterly terminus of Calle Rolando. 2. ARCHITECTURAL CONTROL (AC) 07-02, MASTER REAL ESTATE SIGN PROGRAM FOR TRACTS 15609 & 14196 PACIFICA SAN JUAN A REVIEW OF A PROPOSED TEMPORARY REAL ESTATE SIGN PROGRAM FOR THE PACIFICA SAN JUAN PLANNED COMMUNITY (PC), A 250 ACRE PLANNED RESIDENTIAL COMMUNITY SITUATED NORTH OF CAMINO LAS RAMBLAS AND EAST OF INTERSTATE -5 (APPLICANT: SUNCAL DEVELOPMENT, BRAD GATES)(REPRESENTATIVE: TOM MATTHEWS, CULBERTSON ADAMS ASSOC IATES)(PROJECT MANAGER: DAVID CONTRERAS, ASSOCIATE PLANNER) THE SIGN PROGRAM CONTINUED TO FUTURE DATE. PC Meeting 6 February 13, 2007 Written Communications: February 13, 2007 Staff presentations & recommendation Staff reviewed the proposed sign program and conditioned the project signs to ensure they are the appropriate height and are removed in a timely manner. In addition, staff is recommending elimination of the proposed flag and banner signage because they are not in conformance with the purpose and intent of the City's Design Guidelines or Sign Ordinance. Staff recommended the Commission review the proposed temporary Master Real Estate Sign Program for Pacifica San Juan and adopt a resolution conditionally approving the project with staff recommended changes, including elimination of the banner and flag signs, and the finding that the project is exempt from CEQA. Mr. Contreras reviewed the staff recommendation. He provided revised language for Condition No. 13, which as originally written required the applicant to install permanent signage prematurely. Shawna Shaffner, SunCal's planning consultant, agreed with the staff's recommended modifications with the exception of the elimination of the banners and flags; and did not concur with the staff recommended revision for Condition No. 13. Brad Gates, the applicant, suggested the Commission approve the bulk of the Master Sign Program, excluding Condition 13, and the banner and flag signage, which can be further researched by staff and brought back for additional consideration. Ron Freeman, representing SunCal, described the architectural style of the proposed signage, which is designed to complement old San Juan architectural styles; advised the builders are anxious to install the required signage as soon as possible; and does not need Condition 13 as it is in their best interests to identify the residential tracts. Commissioner Comments Commissioner Drey agreed the location proposed for the banners and flags would make them very visible from the valley floor. Commissioner Ratcliffe felt the proposed banners and flags would become an eyesore to the community if allowed in place for up to two years; also commented that interested people are aware of the development and will not need that type of signage in order to determine the project location; and was not willing to make an exception to City policy and allow this type of signage in a residential area. Commissioner Neely ascertained from staff that the banners erected by the Rancho Madrina project were removed to comply with the municipal code. PC Meeting 7 February 13, 2007 Jason Retterer, Deputy City Attorney, read pertinent sections of the City's Municipal Code, which allow architectural banners in commercial areas and expressly forbid them in residential areas. The code allows for exceptions if findings can be made. He suggested the Commissioners consider continuing the project in order to allow staff time to see if the findings can be made. The Commissioners concurred that the proposed monument sign is in compliance with generic master sign program; and that the applicant has acknowledged he is not contemplating three signs on the monument sign, and intends to have neighborhood signs featuring San Juan designs. They agreed to remove Condition No. 13, banner signs, and flag signs from the project at this time to allow the applicant to move forward with the project. Bill Cunningham, Interim Planning Director, agreed to bring back revised language for Condition No. 13; and research concerning flag and banner signage at a future meeting. Motion Commissioner Neely moved, seconded by Commissioner Drey to adopt Resolution No. 07-02-13-05 approving a temporary master real estate sign program for tracts 15609 & 14196 IN Pacifica San Juan (SunCal)," revised to remove Condition No. 13 and references to banner and flag signage, for reconsideration at a future meeting. 3. LAND USE INTERPRETATION CONCERNING ORTEGA RANCH BUSINESS PARK DENIED BASED ON DETERMINATION PROPOSED USE IS NOT "SUPPORT RETAIL. THE LEASING AGENT FOR ORTEGA RANCH BUSINESS PARK REQUESTED STAFF TO APPROVE A NAIL SALON AND SPA FOR BUILDING A-7. UNDER THE PERMITTED LAND USE PROVISIONS OF COMPREHENSIVE DEVELOPMENT PLAN (CDP) 05-01, NAIL SALONS AND/OR SPAS ARE NOT STIPULATED AS A PERMITTED USE. THEREFORE, STAFF DENIED THE REQUEST. HOWEVER, THE APPLICANT CONTENDS THAT THE USE IS INCLUDED IN THE "SERVICE COMMERCIAL BUSINESSES" CLASSIFICATION. A DEFINITION OF "SERVICE COMMERCIAL BUSINESSES" DOES NOT EXIST WITHIN THE CITY LAND USE CODE OR WITHIN CDP 05-01. THEREFORE, STAFF RELIED ON THE PROVISIONS WITHIN THE CDP RELATING TO "SUPPORT RETAIL" AS WELL AS THE REQUIRED PARKING FOR NAIL SALONS IN EVALUATING THE REQUEST. (APPLICANT: DAVID TRAVIS) (CASE PLANNER: BILL CUNNINGHAM, CONTRACT PLANNER) Written Communications February 13, 2007 Staff presentation & recommendation Bill Cunningham, Interim Planning Director, summarized the staff report. Staff recommended the Commission uphold staff's determination that the proposed nail PC Meeting 8 February 13, 2007 salon/spa is not "support retail" use and is not a permitted use within the Ortega Ranch Business Park. David Travis, Voit Commercial Brokerage, representing the applicant, distributed copies of a petition from Ortega Ranch Business Center tenants in favor of the proposed nail salon. He described the clientele, services available and general operation of the owner's existing nail salon at Marbella Plaza; and advised the salon would primarily serve the existing tenants in the business park. Steve Sandlin, Centra Realty Corporation, the applicant, distributed copies of a Parking Analysis for the "A" side of Ortega Ranch indicating available parking spaces; and a certified copy of pertinent language in CDP 05-01, establishing parking standards for various permitted uses. He referred to the parking analysis, which he believes establishes that there is adequate parking for the proposed use; and noted the salon will primarily serve tenants and the constituency of tenants. He requested approval of the proposed use. Public Comments: None Commissioner Comments Commissioner Drey was concerned about the traffic that would be generated by the use, especially in light of the visibility and exposure this location will have. He felt the use would draw outside business and create parking space shortages in the business park. Commissioner Ratcliffe felt that the business park was not designed for outside short term customers due to lack of sidewalk access; did not agree with the applicant that the use could be considered "support retail"; and was concerned about the potential loss of parking spaces and traffic congestion generated by this use. Commissioner Neely felt the proposed use would not survive if it only depended on customers from within the business park; expressed concern regarding the impact of outside customers drawn to the salon on the business park parking availability; questioned the value of the parking analysis without business plan details and analysis of the specific use; and felt the scale of the proposed salon was inconsistent with a "support retail" use. Vice Chair Cohen does not consider the proposed use "support retail," which would be more like pharmacies for medical centers, copy services, snack shops, etc., that focus on the needs of businesses in the business park. The nail salon at Marbella is within walking distance for the business park tenants if they have a need for that service, and a nail salon at the business park may provide too much of a distraction for business park employees to the dismay of their employers. PC Meeting 9 February 13, 2007 The Commissioners concurred that the scale of the proposed salon was not in keeping with its proposed use as "support retail;" and the use would draw outside business that would negatively impact parking availability and traffic flow at the business park. Motion Commissioner Drey moved, seconded by Commissioner Ratcliffe, and carried unanimously, 4=0, to uphold staff's determination that the proposed nail salon/spa is not "support retail" use and is not a permitted use within the Ortega Ranch Business Park. COMMISSIONISTAFF COMMENTS Bill Cunningham, Interim Planning Director, advised the dollar store litigation was ruled in the City's favor, with the business owner ordered to remove the signs and vehicle from their existing locations; announced the City has hired Steve Apple as Planning Director; noted he will stay on board to complete projects he is currently working on; and agreed up to two Commissioners at a time should take City tours with the new Planning Director to view existing signage, see how things are done in the City, and spot any problems. In addition, he agreed to update the Commission on the status of the Valle Road widening project at their next meeting, and convey their concerns regarding the project to the City Council. ADJOURNMENT There being no further business before the Commission, Vice Chair Cohen adjourned the meeting at 9:10 p.m. to the next meeting of the City of San Juan Capistrano Planning Commission to be held on Tuesday, February 27, 2007, at 7:00 p.m. in the Council Chambers. Approved: ED Bill Cunningham, Interim Director