PC Minutes-2007-09-2532400 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, SEPTEMBER 25, 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 7:02 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Ginny Kerr
Tim Neely
Gene Ratcliffe
Commissioners Absent: None
Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason
Retterer, Deputy City Attorney; Justin Kirk, Assistant Planner; Lynnette Lehmann,
Senior Management Analyst; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
Jeff Sewell, 29536 Spotted Bull Lane, voiced concern regarding the impact of the
Koll project.
Dr. James Sears, 29341 Spotted Bull, voiced concern regarding the impact of the
Koll project on the community.
Chairman Cardoza said that when the item comes before the Planning
Commission, public testimony will certainly be welcome.
San Juan Capistrano: Preserving the Past to Enhance the Future
Printed on 100% recycled paper
PC Meeting Minutes 2 September 25, 2007
Karen Ahola, 506 Ave. Teresa, San Clemente, spoke in favor of a more
restrictive sign ordinance. Chairman Cardoza said that the signage ordinance will
be heard later this evening as Public Hearings Item 3.
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 AUGUST 28
2007.
Consent Calendar: Vice Chairman Cohen moved approval of the Consent
Calendar, seconded by Commissioner Ratcliffe. The motion passed by a vote of
5-0.
Chairman Cardoza, pursuant to staff request asked for and received approval by
Commissioners to allow a request to consider New Business Item H-1 first.
NEW BUSINESS
1. ARCHITECTURAL CONTROL 06-14, TREE REMOVAL PERMIT 07-131,
LITTLE HOLLYWOOD EXPANSION; A SITE PLAN, ELEVATIONS, GRADING,
LANDSCAPING, AND TREE REMOVALS FOR A PROPOSAL TO ADD 10
ADDITIONAL AFFORDABLE MANUFACTURED HOUSING RENTAL UNITS ON
APPROXIMATELY 1.67 ACRES IN LITTLE HOLLYWOOD LOCATED AT THE
NORTHERN TERMINUS OF PASEO ADELANTO BETWEEN RAMOS AND
MISSION STREETS (ASSESSOR PARCEL NUMBER (APN) 121-142-01,
07)(LITTLE HOLLYWOOD AFFORDABLE RENTAL UNIT EXPANSION
PROJECT)(APPLICANT: SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY) CITY COUNCIL PRIORITY #7A
Written Communications
September 25, 2007
Applicant & Property Owner
San Juan Capistrano Community Redevelopment Agency, 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675
Engineer
Adams -Streeter Civil Engineers, Inc., 15 Corporate Park, Irvine, CA 92606
Architect
Land Concern, 1750 East Deere Avenue, Santa Ana, CA 92705
PC Meeting Minutes 3 September 25, 2007
Staff presentation & recommendation
Ms. Lehmann presented the staff report and recommended that the Planning
Commission:
1) Determine that Architectural Control 06-14 (Little Hollywood Expansion)
qualifies for a statutory exemption from the California Environmental
Quality Act (CEQA) pursuant to California Public Resources Code,
Division 13, Section 21159.23 (Los -Income Housing Exemption); and,
2) Adopt a resolution approving Architectural Control 06-14 and Tree
Removal 07-131, for the site plan, architectural floor plans, building
elevations, landscaping, and grading plans, including a state -mandated
concession to allow tandem off-street parking spaces, subject to the
conditions in the draft resolution.
Commissioner Questions and Comments
Vice Chairman Cohen asked for clarification of replacement trees. Mrs. Lehmann
said there are a number of trees and shrubs proposed to be planted including 76
24" box trees.
Bruce Lissak, Land Concern, said the colors and setbacks of housing units vary
so as not to look uniform, and that the plant material is similar to that in the Los
Rios Park site.
Commissioner Neely said one of the concerns of the DRC was the need for
additional planting in the bioswale and entryway to soften the edge and create a
more extensive transition in this exemplary project.
Chairman Cardoza asked for clarification of the timeframe. Ms. Lehmann said
that once plans are approved, installation and construction specifications will go
out to bid and that hopefully by January 2008 a contractor would be selected by
City Council.
Chairman Cardoza asked about the need for irrigation. Ms. Lehmann said that
Ziad Mazboudi of the City's Engineering Department has determined that the
Water Quality Management Plan needs to incorporate an infiltration trench
design for the bioswale area for storm water runoff and that the infiltration trench
cannot support irrigation or landscaping. The infiltration trench has an
appearance of a dry creek bed .
Commissioner Ratcliffe said there are many good plant material choices that
don't require irrigation, and that she would be glad to attend the DRC meeting.
Public Comments
Bill Hardy, 26523 Calle Lorenzo, said that he thinks there is undue concern about
compatibility between the bioswale and Los Rios Park.
PC Meeting Minutes 4 September 25, 2007
Laura Freeze, 26332 Paseo Toscana, Chairman of the Housing Committee, said
the Housing Committee and DRC are working hard to make this area look nice.
Carol Heim, 32012 Paseo de Hermann, asked if the equestrian trail will be
impacted. Ms. Lehmann said the equestrian trail will continue from Los Rios Park
to the other side of the street up to the existing bike trail on the levee and back
onto Avenida de la Vista.
Motion
Commissioner Neely moved, seconded by Vice Chairman Cohen, to adopt
Resolution 07-09-25-1 finding Architectural Control Application exempt from the
California Environmental Quality Act ("CEQA") and approving Architectural
Control Application 06-14 and Tree Removal Permit 07-131 for a proposal to add
10 additional affordable manufactured housing rental units on approximately 1.67
acres in Little Hollywood located at the northern terminus of Paseo Adelanto
between Ramos and Mission Streets, with the exception of the landscape plan.
Treatment of the bioswale, entry area, and utility access improvements is to
return to the DRC for final approval. (Assessors Parcel Numbers 121-142-01 and
07) (Little Hollywood Affordable Rental Unit Expansion Project). The motion
passed by a vote of 5-0.
PUBLIC HEARINGS
1. REZONE (RZ) 07-003, ARCHITECTURAL CONTROL (AC) 07-021,
MAMMOTH EQUITIES: AMENDMENTS TO COMPREHENSIVE
DEVELOPMENT PLAN (CDP) 90-2 AND ARCHITECTURAL CONTROL (AC)
03-09 FOR A SIGN PROGRAM FOR THE MAMMOTH PROFESSIONAL
BUILDINGS. THE APPLICATIONS INCLUDE: (1) AN AMENDMENT TO THE
COMPREHENSIVE DEVELOPMENT PLAN TO ALLOW SIGN PROGRAMS
FOR PROJECTS IN THE CDP AREA; (2) A NEW SIGN PROGRAM FOR THE
MAMMOTH EQUITIES PROPERTY; AND (3) TWO FREE-STANDING
MONUMENT SIGNS. THE PROJECT SITE IS LOCATED AT 29122 & 29222
RANCHO VIEJO ROAD ON THE EAST SIDE OF RANCHO VIEJO ROAD
BETWEEN VIA ESCOLAR AND SPOTTED BULL LANE (APN 650-011-32)
(APPLICANT — PROPERTY OWNER: MAMMOTH EQUITIES LLC).
Written Communications
September 25, 2007
Property Owner
Mammoth Equities LLC, 20532 EI Toro Road, Mission Viejo, CA 92692
Applicant
Joseph Holasek, Noble Onufer Associate Architects, 2398 San Diego Avenue,
San Diego, CA 92110
PC Meeting Minutes 5 September 25, 2007
Staff presentation & recommendation
Mr. Taylor presented the staff report and recommended that the Planning
Commission adopt a resolution approving; 1) an amendment to the
Comprehensive Development Plan to allow sign programs for projects in the
CDP area; 2) a sign program for the Mammoth Professional Buildings; and 3) two
free-standing monument signs for the entrance to Mammoth Professional
Buildings.
Commissioner Questions and Comments
Commissioner Ratcliffe suggested wording to allow other lighting options that
might be available in the future. Mr. Taylor agreed that would improve the
program.
Vice Chairman Cohen asked if the CDP must include the other parcels within the
CDP. Mr. Taylor said this CDP would include the other parcels within the CDP,
and the CDP is in addition to the Code.
Applicant Kent Ahlering, Mammoth Equities, 29222 Rancho Viejo Road, said that
each applicant will come in with their own sign program for independent review
by the Planning Commission. Mr. Ahlering said some of the wall sconces on the
south building help to light the parking lot.
Mr. Taylor said the amendment to the CDP allows for sign programs and sets the
parameters, and that each applicant would have to bring their sign program to
the Planning Commission.
Commissioner Kerr asked if the number of letters could be reduced. Mr. Ahlering
said the north building is up for sale and the future major tenant's name may
appear on the sign.
Public Hearing
Cynthia Lagos, 27917 Paseo EI Concho, spoke in opposition to the proposal and
asked that signage be limited.
Dr. James Sears, 29341 Spotted Bull, spoke in opposition to the proposal and
asked that lighting be limited.
Bob Messersmith, 29301 Spotted Bull Way, spoke in opposition to the proposal
and said that ambient light and light pollution includes misdirected light, glare,
and reflected light.
Reese Freeland, 29572 Spotted Bull Lane, spoke in opposition to the proposal
said the proposed sign buttresses and wing walls create a massive structure.
Yvonne Tschaikowsky, 27367 Paseo Placentia, spoke in opposition to the
proposal due to light pollution and oversized signs.
PC Meeting Minutes 6 September 25, 2007
Bob King, 29422 Spotted Bull Lane, Save Our San Juan, spoke in opposition to
the proposal and asked if the letter of September 24 is in the record. Mr. Taylor
said that the Commission has a copy of the September 24 letter. Mr. King
submitted a letter dated to September 25 to the dais requesting that two
members of the Planning Commission, two members of the City Council, staff,
and members of the community meet to see if they can come to an agreement to
avoid litigation.
Lennie DeCaro, 30987 Steeple Chase Drive, spoke in opposition to the proposal
and asked that the full Title 9 Land Use Code provisions to be made available.
Jeff Sewell, 29536 Spotted Bull Lane, spoke in opposition to the proposal due to
increased lighting which would have negative impacts on the City's character.
Sister Martha Ann Fitzpatrick, 33392 Via Lenita, Dana Point, representing
Camino Health Center, 300 Camino Capistrano, requested the need for a
monument sign for the clinic. Chairman Cardoza said that Item 3 would be
considered later in the meeting.
Marion Costello, 32190 Via Barrida, spoke in opposition to the proposal and said
that the proposed signage will not enhance the City.
Karen Ahola, 506 Ave. Teresa, San Clemente, spoke in opposition to signage in
general, and asked for a more restrictive sign program.
Commissioner Questions and Comments
Commissioner Ratcliffe asked about legal ramifications of having representatives
of two council members and two commission members at the requested meeting.
Mr. Retterer said staff would look into potential legal constraints of holding the
requested meeting.
Commissioner Neely asked that staff address the scope of light and glare
standards, particularly as they relate to the Mammoth project. Mr. Retterer said
he would look into the issue.
Chairman Cardoza said the Planning Commissioners are appointed by City
Council to address issues pertaining to land use planning and code
requirements. Mr. Taylor clarified that a CDP amendment requires Planning
Commission approval, and unless an appeal is filed, the Planning Commission
action is final.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Kerr, to continue the
item to the Planning Commission meeting of October 9, 2007, and request that
the applicant provide renderings showing 40 sq. ft versus 60 sq. ft.wall-mounted
PC Meeting Minutes 7 September 25, 2007
signs from the southbound 1-5 freeway and from the west side of Rancho Viejo
Road just before the freeway. The motion passed by a vote of 5-0.
Chairman Cardoza called for a recess at 9:00 p.m. and reconvened the meeting
at 9:17 p.m.
2. CONDITIONAL USE PERMIT (CUP) 07-009, REELTIME SIGHT AND
SOUND; A REQUEST FOR AN APPROVAL OF THE ESTABLISHMENT AND
RIGHT TO OPERATE A 3,644 SQUARE FOOT RETAIL FACILITY WITHIN AN
EXISTING 13,780 SQUARE FOOT BUILDING LOCATED IN THE
COMMERCIAL MANUFACTURING (CM) ZONE DISTRICT. NO EXTERIOR
MODIFICATIONS OR SITE IMPROVEMENTS ARE PROPOSED AS A PART
OF THIS PROJECT, EXCEPT AS REQUIRED BY CONDITIONS OF
APPROVAL. THE SUBJECT PROPERTY IS LOCATED AT 26381 DE ANZA
(APN 668-291-18) (APPLICANT: REELTIME SIGHT AND SOUND)
Written Communications
September 25, 2007
Applicant
Reeltime Sight and Sound, 34174 Pacific Coast Highway, Dana Point, CA 92629
Property Owner
Marshall Myers, 45 Campanilla, San Clemente, CA 92673
Staff presentation & recommendation
Mr. Kirk presented the staff report and recommended that the Planning
Commission adopt a resolution approving CUP 07-009, subject to conditions of
approval.
Applicant Marshall Myers, 45 Campanilla, San Clemente, owner of Reeltime
Sight and Sound, requested approval to establish and operate a 3,644 square
foot retail facility within an existing 13,780 square foot building.
Motion
Commissioner Neely moved, seconded by Vice Chairman Cohen, to adopt
Resolution 07-09-25-2 approving a Conditional Use Permit to allow Reeltime
Sight and Sound to establish a retail facility, a custom home theater
establishment, within a commercial manufacturing zone district located at 26.381
Via de Anza (Assessors Parcel Number 668-291-18). The motion passed by a
vote of 5-0.
3. CODE AMENDMENT (CA) 07-01; AN AMENDMENT TO THE SAN JUAN
CAPISTRANO MUNICIPAL CODE (TITLE 9) SIGN PROVISIONS SET FORTH
IN SECTION 9-2.343 AND 9-3.543 PERTAINING TO REGULATIONS FOR
PC Meeting Minutes 8 September 25, 2007
MONUMENT SIGNS, BUILDING MOUNTED SIGNS, VIEW CORRIDORS AND
OFFICE PARKS. (APPLICANT: CITY OF SAN JUAN CAPISTRANO)
Written Communications
September 25, 2007
Staff presentation & recommendation
Mr. Taylor presented the staff report and recommended that the Planning
Commission open the public hearing, accept testimony and continue the item to
the next regular meeting on October 9, 2007.
Chairman Cardoza asked the timeframe for forwarding this item to City Council.
Mr. Taylor said the urgency ordinance expires December 18, 2007. In order to
meet the deadline, the Planning Commission would need to recommend
adoption of a revised ordinance by October 9, 2007. In order for the City Council
to consider on November 6, 2007.
Public Hearing
Sister Martha Ann Fitzpatrick, 33392 Via Lenita, Dana Point, representing
Camino Health Center, 30300 Camino Capistrano, requested the need for a
monument sign for the clinic, so that patients, fire department and paramedics
would not mistakenly enter the Kaiser Hospital entrance, which is next to the
Camino Clinic.
Orlando Vasquez, Construction Manager at Mission Hospital, requested approval
for a monument sign so that emergency vehicles can find the Camino Health
Center.
Peter Klein, 4444 Federal Blvd., San Diego, requested approval of the proposed
ordinance to allow for a monument sign for Camino Health Center.
Bob Messersmith, 29301 Spotted Bull Way, spoke in support of including lighting
standards and guidelines in the sign ordinance.
Jeff Sewell, 29536 Spotted Bull Lane, spoke in opposition to 60 sq. ft. monument
signs and to building -mounted signs visible from the freeway.
Bob King, 29422 Spotted Bull Lane, submitted a letter to the dais addressing
CEQA, and asked that the monument sign include one major tenant.
Peter Klein, 4444 Federal Blvd., San Diego, said the State Energy Commission
sets limits of energy consumption for outdoor illumination.
Commissioner Questions and Comments
Commissioner Neely said he cannot support the current sign ordinance which
does not go far enough, and that he would like to see the following: 1) prohibition
PC Meeting Minutes 9 September 25, 2007
of all signs visible from the freeway except in exclusive commercial districts, 2)
no illumination for any non-commercial signs, except some medical facilities with
extended hours (by exception and with review), and 3) an amortization program
to eliminate existing non -conforming signs over time.
Vice Chairman Cohen said that the big picture needs to be addressed, including
night lighting and freeway signage exposure.
Commissioner Kerr said that more time is needed to make required sign program
changes.
Chairman Cardoza said it will take time to carefully research economic impacts
and sign programs.
Vice Chairman Cohen suggested recommending that the Council extend the
urgency ordinance. Mr. Retterer said that there are two possible extension for an
urgency ordinance, and that further direction to the Council could be made at the
October 9, 2007 Planning Commission meeting.
Commissioner Neely asked if staff will provide feedback to the Council after the
October 9, 2007 meeting with a recommendation for an extension of the
ordinance to receive further direction of City Council. Mr. Taylor said if the item
were continued to October 9, 2007, staff could bring back a discussion item that
highlights the size of signs, lighting, eliminating freeway signs, and put together a
recommendation for commission concurrence to forward to City Council for
feedback.
Vice Chairman Cohen suggested addressing signage section by section, i.e.
monument signage, major tenant signage, and minor tenant signage.
Mr. Taylor clarified that the Comprehensive Development Plan Amendment at
the October 9, 2007 Planning Commission meeting would lock in the provisions
for the Mammoth, Zion, and the Mission Tire property.
Motion
Commissioner Neely moved, seconded by Vice Chairman Cohen, to continue the
item to the Planning Commission meeting of October 9, 2007, with staff to
provide a recommendation for commission concurrence to forward to City
Council for feedback. The motion passed by a vote of 5-0.
OLD BUSINESS
None.
COMMISSION/STAFF COMMENTS
PC Meeting Minutes 10 September 25, 2007
Mr. Taylor said the Sycamore tree at St. Margaret's has been referred to Code
Enforcement, the proposed St. Margaret's parking lot is conceptual at this time,
and the pine tree removal at the Ralph's Center has been referred to Code
Enforcement. Commissioner Ratcliffe suggested that an arborist recommend the
type of replacement tree.
Mr. Taylor reported on the status of the Lower Rosan property and said that
Council approved a license agreement to let Toyota of San Juan use 4 acres for
18 months of temporary vehicle storage. The Grading Plan Modification and
Temporary Use Permit will be reviewed by Planning Commission in November.
Mr. Taylor said the Council approved an agreement with a property owner to
move the Troubleman's Cottage to the rear of his property, which will require
review by the Planning Commission of a Specific Plan Amendment to the Los
Rios Specific Plan.
Commissioner Kerr said she was impressed by the professionalism exhibited at
the recent DRC meeting.
Vice Chairman Cohen asked for clarification regarding St. Margaret's expansion.
Mr. Taylor suggested that Mr. Ramsey provide an update at a future Planning
Commission meeting.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 10:57 p.m.
The next regularly scheduled Planning Commission Meeting is scheduled for
Tuesday, October 9, 2007 at 7:00 p.m. in the City Council Chambers.
Approved:
i't-44 1, s,4
Steven A. 4ple, AICP
Planning Director