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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,