PC Minutes-2007-05-2232400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAx
www.sanjuancapistrano.org
CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, MAY 22, 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 7:05 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Tim Neely
Commissioners Absent: Gene Ratcliffe (excused)
Staff members in attendance: Steve Apple, Planning Director; Jason Retterer,
Deputy City Attorney; William Ramsey, Principal Planner; David Contreras,
Associate Planner; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
Boots Leone, 31962 Via Belardes, voiced concern regarding the lack of
handicapped parking spaces on the streets around the center of town and the
many parking spaces behind Verdugo Street.
Dusty Otero, 31711 Via Madonna, voiced concern that the post office is poorly lit
at night and that there are five to ten neon signs at liquor stores near Ortega
equestrian and St. Margaret's.
Mr. Apple asked that both speakers provide their contact information so that staff
can follow through and report the results of his review.
San Juan Capistrano: Preserving the Past to Enhance the Future
" Printed on 100% recycled paper
Planning Commission Minutes 2 May 22, 2007
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 discussion is desired, that item may be removed from the Consent
Calendar and will be considered separately.
1. APPROVAL OF PLANNING COMMISSION MINUTES OF MAY 8,-
2007:
Commissioner Neely moved approval, seconded by Vice Chairman
Cohen. The motion passed by a vote of 3-0.
PUBLIC HEARINGS
1. CONSIDERATION OF ARCHITECTURAL CONTROL (AC) 86-03,
MODIFICATION #2, ZONE VARIANCE (ZV) 07-02; FRANCISCAN PLAZA -
CELEBRITY THEATRE; CONSIDERATION OF DESIGN MODIFICATIONS TO
THE BUILDING FACADE AND "BLADE" SIGN, AND A REQUEST FOR A ZONE
VARIANCE TO SECTION 9-3.303(C) OF TITLE 9, LAND USE CODE TO
INCREASE THE ROOF HEIGHT FROM 26'-3" TO 28'-3" AND THE PARAPET
HEIGHT FROM 28'-0" TO 30'-0" FOR A PORTION OF THE EXISTING
THEATRE WHEREAS THE CODE ESTABLISHES A 25'-0" MAXIMUM HEIGHT
IN THE "TC" (TOURIST COMMERCIAL) ZONE DISTRICT LOCATED AT 26762
VERDUGO STREET (APPLICANT: PAUL DOUGLAS, PACIFIC
ENV[ RONMENTAL)(ARCHITECT: ROBERT LINNAUS)
Written Communications
May 22, 2007
Representative
Paul Douglas, Pacific Environmental Planning, 33862 Barcelona Place, Dana
Point, CA 92629
Property Owner
David Busk, Busk Entertainment LLC, PO Box 2849, Mission Viejo, CA 92690
Architect/Engineer
Robert Linnaus, Busk Entertainment LLC, PO Box 2849, Mission Viejo, CA
92690
Staff presentation & recommendation
Mr. Ramsey presented the staff report and said the primary issues raised by the
application include consistency with the City's Architectural Design Guidelines for
the historic downtown area and consistency with the variance criteria. Staff
sought specific guidance from the Commission on the design of tenant signs, the
canopy color, and the "blade" sign light sequencing.
Staff- -recommended thatthe-Planning Commission adopt a resolution
conditionally approving Architectural Control (AC) 86-03, Modification #2, and
Planning Commission Minutes 3 May 22, 2007
Zone Variance (ZV) 07-02, proposed modifications to the Franciscan Plaza's
Celebrity Theatre.
Public Hearing
Representative Paul Douglas, 33862 Barcelona Place, Dana Point, said the
applicant would like to discuss (item 3) color of the canvas, (item 8) signage, and
the light sequencing of the vertical "blade" signage.
Vice Chairman Cohen asked how the project has changed over the past five
years. Mr. Douglas said the current signage combines the best of both approvals,
and that the project is the same basic concept as originally approved in 2002.
Mr. Ramsey said the lighting component hasn't been described in detail and said
that the Planning Commission may want to limit sequencing, including days of
operation.
Vice Chairman Cohen asked if the clock will be illuminated. Mr. Douglas said it
will not.
Chairman Cardoza asked if there is a plan to coordinate the street conversion
plaza setting for a future venue the applicant plans to develop next to the parking
structure. Mr. Ramsey said it would be difficult to fully integrate the Verdugo
Street improvements with the facade improvements at this time because the
potential street improvements are lagging well behind the processing of the
proposed fagade improvements. Ramsey also noted that the street
improvements do not conflict with are require any changes to the fagade
improvements. Mr. Douglas said there is no conflict between his client's
proposed improvements to the theatre and the planned Verdugo Street
improvements.
Jared Duncan, resident of Los Alamitos, representing Dave Busk, clarified that
the 2002 theater was a 1940s concept and the current exterior architecture is
very different from the 2002 theater concept.
Joe Campbell, owner of Ruby's Diner on Camino Capistrano, said that a group of
local businesses and property owners have submitted a Verdugo Street
improvement plan to "tie" everything together.
Boots Leone, 31962 Via Belardes, asked the timeline for project completion and
noted that the project had been under construction for quite a long period. Mr.
Douglas said the project should be completed by early 2008.
Commissioner Questions and Comments
Chairman Cardoza asked the Commission's action could be one or two motions.
- - Mr. Retterer said that staff has prepared one resolution to encompass- both the
architectural control modification and the zone variance.
Planning Commission Minutes 4 May 22, 2007
Chairman Cardoza said the Planning Commission could defer signage, window
treatments, signage at windows, ticket booth, canopies, lighting concepts, and
the vertical blade sign location, lighting, and styling to the DRC.
Commissioner Neely said that he is prepared to support the project as
recommended by staff, and that he favors the gold black material and the light
sequencing.
Vice Chairman Cohen said that he supports the staff recommendation, and
suggested that the Celebrity sign lighting be observed for no more than 30 days
to determine if it's appropriate and does not adversely impact the downtown.
Chairman Cardoza said that he favors the black finish, the lighting review to
protect the nearby residents, and the architectural style of signage over the
windows.
Motion
Commissioner Neely moved, seconded by Vice-chairman Cohen, to adopt
Resolution 07-5-22-1 conditionally approving an Architectural Control (AC) 86-03,
modification #2, and a Zone Variance (ZV) 07-02 for the Celebrity Theatre
subject to the following modifications, (1) the canopy material will be gold black
and (2) light sequencing for the vertical "blade" sign shall be reviewed for a 30 -
day period following the opening of the theatre and the illumination of the "blade"
sign. The motion passed by a vote of 3-0.
OLD BUSINESS
None
NEW BUSINESS
1. ARCHITECTURAL CONTROL (AC) 06-12; MEXICO LINDO-VAQUERO
WEST (ADDITION/REMODEL); A REQUEST FOR INITIAL REVIEW OF
PRELIMINARY ARCHITECTURAL PLANS TO EXPAND THE EXISTING TWO-
STORY, 4,146 SQUARE FOOT COMMERCIAL BUILDING LOCATED AT 26755
VERDUGO STREET, GENERALLY LOCATED EAST SIDE OF "THE SANTA FE
RAIL DEPOT" AND NORTH OF THE FRANCISCAN PLAZA -CELEBRITY
THEATERS (APN 121-141-11) (APPLICANT: ERIC ALTMAN).
Written Communications
May 22, 2007
Owner/Applicant
Eric Altman, 29222 Rancho Viejo Road, Suite 111, San Juan Capistrano, CA
92675
Planning Commission Minutes 5 May 22, 2007
Architect
William D. Graeber, Peterson, Graeber, Associates, 33521 Via De Agua, San
Juan Capistrano, CA 92675
Staff presentation & recommendation
Mr. Contreras presented the staff report and stated that the main issue is
consistency of the proposed project with the General Plan, the Municipal Code
and with the City's Architectural Design Guidelines.
Mr. Contreras said that since the 2nd floor cannot exceed 80 percent of the 1St
floor square footage, staff has added Condition 2 requiring that the square
footage be modified prior to the issuance of any building permit.
Mr. Contreras said that the City has a ground lease agreement for parking over
lot 4 to be renegotiated with the applicant. The review and final action of that
lease agreement will occur at a City Council meeting.
Staff recommends that the Planning Commission review the proposed project
and adopt a resolution conditionally approving the project and finding the project
exempt from CEQA.
Commissioner Questions and Comments
Vice Chairman Cohen asked if the multi -modal plaza area had developed a right-
of-way in favor of Caltrans or the railroad. Mr. Contreras said the agreement has
language as to how that process would take place.
Vice Chairman Cohen asked if a restaurant at the location would affect the
parking situation. Mr. Contreras said the parking allocation would be reviewed by
the City Council. Staff has provided a table of the retail and office component,
and added Condition 23 on page 5 of the Conditions of Approval to insure
adequate parking is available.
Public Meeting
Applicant Eric Altman, 102 Lattice, Irvine, said he has been working with City
staff on this project since September 2005. Mr. Altman said he is willing to make
changes and asked if the size of the building is acceptable.
Vice Chairman Cohen voiced concern regarding the visual impact from Los Rios,
Sarducci's, and from the parking structure, and requested visuals.
Chairman Cardoza asked if meeting notice mailers were sent. Mr. Contreras said
mailers were sent out to property owners within 500 feet.
Chairman Cardoza said the DRC would look at the architectural detailing and
landscape development.
Planning Commission Minutes 6 May 22, 2007
Chairman Cardoza closed the public meeting.
Commissioner Questions and Comments
Vice Chairman Cohen said he has not had an opportunity to properly review the
project.
Mr. Altman said he is willing to make changes and asked if the size of the
building is acceptable.
Mr. Contreras asked that the following Condition of Approval be read into the
record: "Prior to the issuance of any building permit the applicant shall submit a
landscape plan and architectural plans for final refinement by the City's Design
Review Committee."
Mr. Contreras said at the last DRC meeting, the DRC made comments on the
architectural elevations that are shown on the wall.
Chairman Cardoza said the DRC asked for substantially more detailing and
refinement of plans.
Commissioner Neely suggested denial and applicant appeal to the City Council,
and said that he objected when this project came before the DRC for the first
time, since the project does not have the historic significance of the surrounding
neighborhood. Containerized planting will never be enough to properly soften the
massing, and the landscaping condition of 5 foot interior width of planters is not
consistent with the proposed landscaping.
Chairman Cardoza said that the building mass doesn't allow for substantial
landscape enhancement.
Mr. Altman said that he would be willing to appeal to the City Council.
Motion
Commissioner Neely moved, seconded by Vice Chairman Cohen, to deny the
Vaquero West project located at 26755 Verdugo Street due to inability to make
necessary findings C, compatibility with surrounding uses, and D, the general
design, character, and scale of improvements (Assessors Parcel Number 121-
141-11 (Eric Altman). The motion of denial passed by a vote of 3-0.
Mr. Apple said the resolution of denial will be brought to the June 12, 2007
meeting Consent Calendar for confirmation of the findings.
2. TREE REMOVAL PERMIT (TRP) 07-64; AN APPLICATION TO REMOVE
ONE (1) EUCALYPTUS (RED IRONBARK) TREE WITH A DIAMETER OF
THIRTY (30) INCHES. THE SUBJECT TREE IS LOCATED AT THE REAR OF
THE PROPERTY IN A PLANTER AREA AND ADJACENT TO A DRIVEWAY,
Planning Commission Minutes 7 May 22, 2007
GENERALLY LOCATED 700 FEET SOUTH OF DEL OBISPO AT 32118 PASEO
ADELANTO (APN 668-082-02) (APPLICANT: SYCAMORE PLAZA).
Written Communications
May 22, 2007
Applicant
Sycamore Plaza, Joan Ryberg, Property Manager, 24231 Tahoe Court, Laguna
Niguel, CA 92677
Staff presentation & recommendation
Mr. Contreras presented the staff report and said that staff recommends that the
Planning Commission approve a permit for the removal of one (1) Eucalyptus
(Red Ironbark) tree, based on the findings required by Section 9-2.349 of the
Land Use Code.
Public Hearing
The applicant was not present.
Commissioner Questions and Comments
Commissioner Neely said he thinks the request is reasonable and that he is
supportive of staff's recommendation.
Chairman Cardoza said he is in favor of keeping the Rosy Red Ironbark and
removing the other Eucalyptus. The repair of the curb is a minimal item that could
be filled.
Vice Chairman Cohen said he doesn't think the tree removal is warranted at this
time.
Motion
Vice Chairman Cohen moved, seconded by Chairman Cardoza, to deny a permit
for the removal of one (1) Eucalyptus (Red Ironbark) tree located at the rear of
the property in a planter area and adjacent to a driveway, generally located 700
feet south of Del Obispo at 32118 Paseo Adelanto (APN 668-082-02) (Applicant:
Sycamore Plaza). The motion passed by a vote of 2-1, with Commissioner Neely
opposed.
AYES: Vice Chairman Cohen, Chairman Cardoza
NOES: Commissioner Neely
ABSENT: Commissioner Ratcliffe
ABSTAIN: None
Planning Commission Minutes 8 May 22, 2007
Mr. Apple said the resolution of denial will be brought to the June 12, 2007
meeting Consent Calendar for confirmation.
Mr. Retterer said the denial would allow the applicant to appeal the denial to the
City Council and the applicant may need to wait a year to re -apply for tree
removal.
Mr. Contreras said the applicant would be able to apply with staff for removal of
any tree under 24" in diameter.
COMMISSION/STAFF COMMENTS
Mr. Apple said that former Planning Director Molly Bogh will be at the June 12,
2007 Planning Commission meeting to discuss Land Use Codes.
Vice Chairman Cohen said he thanked Bill Ramsey prior to tonight's meeting for
his efforts on the lighting issue at St. Margaret's, and said his initial concern was
regarding the rear lighting at the event center that is visibly noticeable from
Ortega Highway.
Vice Chairman Cohen suggested revamping the way projects are considered so
that critical issues such as land use would be addressed early in the process.
Members of the Planning Commission who are not on the DRC are not aware of
the status of some projects. Mr. Apple said that to streamline the process by
combining the roles of committees and commissions could put a burden on the
body to meet more often. Vice Chairman Cohen suggested that a preliminary
finding be made prior to the project going to the DRC.
Commissioner Neely suggested that staff and the DRC refer projects to the
Planning Commission that have potential significant land use questions.
Chairman Cardoza suggested a need for applicants to present visuals that are
professional, easily readable, and committable.
Chairman Cardoza said that Bill Huber's retirement luncheon will take place
soon, and asked if recognition has been determined for former commissioners.
Mr. Apple said that recognition of Joe Drey is scheduled at either the June 5 or
19 City Council meeting.
Chairman Cardoza said the sign urgency ordinance was approved by City
Council as recommended by the Planning Commission, and that the City Council
discussed the Mammoth signage program. Mr. Apple said that several of the
Mammoth attorneys have contacted the City asking if there is a way to work
together. Meetings are being set up to explore a reduced number of signs and
square footage.
APPOINTMENT OF DRC ALTERNATE MEMBER
Planning Commission Minutes 9 May 22, 2007
Mr. Apple said staff would recommend appointment of an alternate member to
the DRC this evening.
Commissioner Neely moved, seconded by Chairman Cardoza, that Vice
Chairman Cohen be named interim alternate member to the DRC. The motion
passed by a vote of 2-0, with Vice Chairman Cohen abstaining.
Vice Chairman Cohen requested notification of DRC agendas. Mr. Apple said
that Vice Chairman Cohen's name could be added to the email list.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 9:17 p.m.
The next regular meeting is scheduled for Tuesday, June 12, 2007, at 7:00 p.m.
in the Council Chambers.
Approved:
Steve Apple,