PC Minutes-2007-01-2332400' PASEO ADD-L.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
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CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, JANUARY 23, 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
Tim Neely
Gene Ratcliffe
Commissioners Absent: None
Staff members in attendance: William Cunningham, Interim Planning Director;
Jason Retterer, Deputy City Attorney; David Contreras, Associate Planner; Justin
Kirk, Assistant Planner; Sam Shoucair, Senior Engineer; Teri Delcamp, Historic
Preservation Manager; Sue McCullough, Recording Secretary.
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 discussion is desired, that item may be removed from the Consent
Calendar and will be considered separately.
Son Juan Capistrano; Preserving the Past to Enhance the Future
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PC Meeting 2 January 23, 2007
APPROVAL OF PLANNING COMMISSION MINUTES OF DECEMBER 12
2006.
Commissioner Drey moved approval, seconded by Vice Chairman Cohen, of the
Consent Calendar. The motion passed by a vote of 4-0, with Commissioner
Ratcliffe abstaining due to her absence at the December 12, 2006 meeting.
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT (CUP) 05-07 CINGULAR WIRELESS
COMMUNITY CENTER: CINGULAR WIRELESS REQUESTS APPROVAL OF
A CONDITIONAL USE PERMIT TO INSTALL 1 (ONE) LIGHT POLE -
MONOPOLE WITH A PROPOSED HEIGHT OF 80'-0" WITH 6 (SIX) PANEL
ANTENNAS LOCATED INSIDE THE POLE AT THE CITY'S SPORTS PARK.
THE LIGHT POLE -MONOPOLE WILL REPLACE AN EXISTING LIGHT POLE,
AND INSTALLATION OF 1 (ONE) 11'-6" X 20'-0" ANTENNA EQUIPMENT
SHELTER ON A CONCRETE PAD AND 1 (ONE) STORAGE SHED THAT
MEASURES 11'-6" X 20'-0", ON APPROXIMATELY 17 ACRES OF CITY
OWNED PARK LAND WITH A GENERAL PLAN DESIGNATION OF
COMMUNITY PARK (CP) AND A ZONING DESIGNATION OF COMMUNITY
PARK (CP), GENERALLY LOCATED 430 FEET NORTH OF CAMINO DEL
AVION AT 25925 CAMINO DEL AVION. (APN121-190-57) (APPLICANT:
CINGULAR WIRELESS) TO BE CONTINUED ON 2/27/07 PLANNING
COMMISSION MEETING.
Staff presentation & recommendation
Mr. Contreras said staff requested continuance of this item to the February 27,
2007 Planning Commission meeting to allow the applicant and the City to finalize
project details.
Public Hearing
Chairman Cardoza asked if members of the public would like to speak. Carolyn
Nash, 32906 Descanso, said that she would request to speak regarding this item
at the February 27, 2007 Planning Commission Meeting.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, that the item
be continued to February 27, 2007 Planning Commission. The motion passed by
a vote of 5-0.
2. CONDITIONAL USE PERMIT (CUP) 06-09 WESELOH HUMMER
(ROYAL STREET COMMUNICATION: ROYAL STREET COMMUNICATION
REQUESTS APPROVAL TO CONSTRUCT AN UNMANNED WIRELESS
COMMUNICATION FACILITY WITHIN AN EXISTING BUILDING LOCATED AT
AN EXISTING HUMMER DEALERSHIP. NO EXTERIOR MODIFICATIONS OR
PC Meeting 3 January 23, 2007
SITE IMPROVEMENTS ARE PROPOSED AS PART OF THIS PROJECT, THE
SUBJECT SITE IS LOCATED IN THE COMMERCIAL MANUFACTURING (CM)
ZONE DISTRICT AND GENERAL PLAN DESIGNATION- QUASI INDUSTRIAL
AND IS LOCATED AT 33633 CAMINO CAPISTRANO, GENERALLY LOCATED
180 FEET NORTH OF STONEHILL DRIVE AND 100 FEET WEST OF CAMINO
CAPISTRANO. (APN 121-254-41 & 121-240-19). (APPLICANT: ROYAL
STREET COMMUNICATION)
Written Communications
January 23, 2007
Applicant
Royal Street Communications, Thomas G. Flynn, Project Manager, 65 Enterprise
Suite E-120, Aliso Viejo, CA 92656
Owner
Weseloh Family Limited Partnership, Peter Weseloh, General Manager, 33633
Camino Capistrano, San Juan Capistrano, CA 92675
Vice Chairman recused himself due to his representation of Tustin Hummer.
Staff presentation & recommendation
Mr. Kirk presented the staff report saying the applicant requests approval of a
Conditional Use Permit, allowing the establishment and operation of an
unmanned wireless communication facility within the Hummer dealership building
located at 33633 Camino Capistrano.
Staff recommends that the Planning Commission adopt a resolution conditionally
approving CUP 06-09 to allow six (6) wireless antennas to be installed in the
Weseloh Hummer building.
Thomas Flynn, the applicant's representative, said that Royal Street
Communications is a flat -fee wireless provider with an economical set fee for
unlimited use, that the project would be fully enclosed within the tower element,
and that there would be no visual impact.
Motion
Commissioner Neely moved adoption, seconded by Commissioner Ratcliffe, of
Resolution 07-01-23-1 confirming issuance of a categorical exemption and
conditionally approving CUP 06-09 to allow six (6) wireless antennas to be
installed in the Weseloh Hummer building located at 33633 Camino Capistrano.
(Assessors Parcel Number 121-254-41 & 121-240-19) (Royal Street
Communications).
AYES: Commissioners Drey, Neely, Ratcliffe, Chairman Cardoza
PC Meeting 4 January 23, 2007
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Vice Chairman Cohen
The motion passed by a vote of 4-0, with Vice Chairman Cohen recused.
3. CONDITIONAL USE PERMIT (CUP) 05-06; FOLLOW-UP ON THE VILLA
WEDDING VENUE: A REQUEST FOR APPROVAL OF THE FINAL PARKING
MANAGEMENT PLAN FOR A PREVIOUSLY APPROVED WEDDING AND
SPECIAL EVENT FACILITY FOR A MAXIMUM OF 150 GUESTS INVOLVING
PREPARATION OF FOOD, LIVE ENTERTAINMENT & DANCING, CATERED
BEER AND WINE, AND JOINT -USE PARKING ON AN EXISTING 0.24 ACRE
PARCEL AT 31431 CAMINO CAPISTRANO. (APN: 121-130-04) (APPLICANT:
JOHN Q. HUMPHREYS)
Written Communications
January 23, 2007
Applicant/Owner
John Q. Humphreys, 31752 Los Rios St., San Juan Capistrano, CA 92675
Representative
Phil Schwartze, PRS Group, 31682 EI Camino Real, San Juan Capistrano, CA
92675
Staff presentation & recommendation
Ms. Delcamp presented the staff report as a request for approval of the final
Parking Management Plan for a previously approved wedding and special event
facility. Previous conditions requested refinements to the required valet parking,
clarification of dissemination of the informational flyer, and provision for a liaison
to monitor parking.
Staff recommends that the Planning Commission approve the final Parking
Management Plan with attachments, subject to staff's recommended
modifications to the documents.
Commissioner Questions & Comments
Chairman Cardoza asked if additional signage is part of this CUP. Ms. Delcamp
said that additional signage has not been proposed at this time.
Philip Schwartze, representing the Villa, said the applicant agrees with the
changes staff has made and offered to respond to any questions.
PC Meeting 5 January 23, 2007
Vice Chairman Cohen asked if CUSD will exclusively rent parking spaces to the
applicant. Mr. Schwartze said the applicant would set up dates about a year in
advance and notify CUSD and the City Engineer at that time.
Vice Chairman Cohen asked about language regarding outside parking
arrangements. Ms. Delcamp said there is no obligation on the City's part to
approve an application to use one of the other parking sites if it does not meet
with the Traffic Engineer's approval.
Vice Chairman Cohen asked if the use of plastic cones as delineators would
require approval of the Sheriff's Department. Mr. Shoucair said that a code
enforcement officer would be present for the first few events.
Vice Chairman Cohen asked that language be included to specify that the use of
a crossing guard would be determined by the City.
Commissioner Neely asked that the parking handout map and text be large
enough to be easily read. Commissioner Ratcliffe suggested a website with a
printout showing the mission as a landmark. Mr. Schwartze agreed to implement
the suggested revisions.
Chairman Cardoza asked if guests will have the option to find their own parking.
Mr. Schwartze said although the applicant would prefer that guests use valet
parking, they would have the option to park across the street on their own.
Chairman Cardoza expressed concern regarding security of vehicle key storage.
Mr. Schwartze said that all the keys would be brought to the west side and would
be issued to guests who produce an appropriate slip.
Vice Chairman Cohen asked that wording be incorporated that exiting vehicles
will turn right on Camino Capistrano.
Commissioner Neely said that the parking instructions need to show the drop-off
locations.
Mr. Shoucair suggested a condition that if the City Engineer deems it necessary
to assign a police officer to enforce proper circulation, the applicant shall pay the
cost of the proper circulation enforcement.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Drey, to approve the
final Parking Management Plan with attachments, subject to staff's
recommended modifications to the documents, with conditions that the parking
handout be user friendly, keys be secured, exiting vehicles turn right on Camino
PC Meeting 6 January 23, 2007
Capistrano, the cost of circulation enforcement be paid by the applicant, and the
final plan come back to the Planning Commission as a consent item.
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chairman Cohen,
Chairman Cardoza
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 5-0.
OLD BUSINESS
None.
NEW BUSINESS
1. MODIFICATION TO ARCHITECTURAL CONTROL (AC) 96-04 UNION
76 SIGN PROGRAM: THE APPLICANT REQUESTS APPROVAL OF A SIGN
PROGRAM TO MODIFY THE EXISTING SIGNAGE FOR THE GAS STATION,
LOCATED AT 27164 ORTEGA HIGHWAY (ASSESSOR'S PARCEL NUMBER
666-131-19). THE SIGN PROGRAM INCLUDES REPLACEMENT OF AN
EXISTING WALL SIGN AND REPLACEMENT OF SIGN COPY ON THREE (3)
EXISTING NON -CONFORMING POLE SIGNS THE PROJECT HAS A
GENERAL PLAN DESIGNATION OF GENERAL COMMERCIAL (GC) AND A
ZONING DESIGNATION OF GENERAL COMMERCIAL (GC). (APPLICANT:
CONOCO PHILLIPS)
Written Communications
January 23, 2007
Applicant
RHL Design Group, 2401 East Katella Ave. #400, Anaheim, CA 92804
Property Owner
Conoco Phillips, 600 North Dairy Ashford, Houston, TX 77079
Staff presentation & recommendation
Mr. Contreras presented the staff report as a request for approval of a sign
program for the Conoco Phillips "76" Gas Station located at 27164 Ortega
Highway.
Staff recommends that the Planning Commission review the proposed sign
program for the Conoco Phillips "76" Gas Station and adopt a resolution
PC Meeting 7 January 23, 2007
conditionally approving AC 96-04 Modification #1 with staff recommended
changes and finding the project exempt from CEQA.
Commissioner Questions & Comments
Vice Chairman Cohen asked if the proposed price panel could be blue. Dan
Popa, RHL Design Group, said that Conoco Phillips is proposing to replace the
existing orange logo with their red corporate logo. Mr. Contreras said that this
proposal is consistent with the municipal code.
Commissioner Ratcliffe asked if there is a City requirement for commercial
developments to put in a recycling as well as a trash receptacle. Mr. Contreras
said recycling bins are not required by code but would be recommended in future
service stations.
Vice Chairman Cohen said the 76" Station at Oso and the 5 freeway is
overpowering, and that there is too much red color in the proposed project.
Commissioner Neely asked if the City's commitment to the use of corporate
colors can be limited to the signage itself. Mr. Cunningham said that the issue of
"corporate logos" allows some discretion relative to the design of signs, and the
colors used for price signs do not fall under the definition of a "corporate logo".
Vice Chairman Cohen and Commissioner Neely acquiesced approval of the
corporate logo red color on the Conoco Phillips signage, but not on the price
signs.
Chairman Cardoza said the Conoco color changes don't offend him
Motion
Commissioner Neely moved, seconded by Commissioner Drey, to approve
Resolution 07-01-23-2 approving a sign program for an existing Conoco Phillips
"76" service station located at 27164 Ortega Highway, with modification to the
price signs to change the background color from red to either blue or grey
(Assessors Parcel Number 666-131-19)(RHL Design Group).
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chairman Cohen
NOES: Chairman Cardoza
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 4-1.
PC Meeting 8 January 23, 2007
2. LAND USE CODE AMENDMENT — WORK SESSION ON DRAFT
REVISIONS
Mr. Cunningham asked how the Commission would like to proceed in agendizing
work sessions to review the Land Use Code Amendment. The new Planning
Director and new City Attorney for the Planning Commission will need an
opportunity to get involved and get familiar with the sections of the code which
are unique to our City.
Chairman Cardoza and Commissioners Neely and Ratcliffe asked for a reader -
friendly traditional red line strike out format.
Vice Chairman Cohen and Commissioners Neely and Ratcliffe said it will take
time for a thorough review of policy items.
Commissioners Neely and Ratcliffe agreed that this is an opportune time to
review the code and offer recommendations for City Council consideration.
Mr. Cunningham said staff would provide to the Commission a traditional red line
strike out format of the four sections prior to the February 27, 2007 Planning
Commission meeting, and asked Commissioners to notify staff of definitions and
other information to be included. Molly Bogh will be at a Planning Commission
meeting to address the first four chapters.
COMMISSION/STAFF COMMENTS
Mr. Cunningham said Steve Apple from Solano Beach is the new Planning
Director starting February 21, 2007.
Mr. Jason Retterer said that he is the new City Attorney assigned to the Planning
Commission meetings. Vice Chairman Cohen, Chairman Cardoza, and
Commissioner Neely asked Mr. Retterer to extend to Omar Sandoval thanks and
appreciation for the years of great service to the Planning Commission.
Commissioner Neely asked about the substantial construction staging at the
vacant area between San Juan Creek Road and La Novia. Mr. Shoucair said
about 200,000 yards are going to be removed prior to development of this site.
The street will be widened to 30 ft. wide with a 20 ft. green strip of land behind it,
and a 3 -to -1 slope. About 10,000 yards will go to SunCal, and the majority will be
hauled to the City of Orange.
Commissioner Neely asked who approved the design plans without it being
submitted or approved by the Planning Commission. Mr. Shoucair said the plans
were submitted by Hunsaker.
PC Meeting 9 January 23, 2007
Vice Chairman Cohen asked if approving a grading permit is within the purview
of the Planning Commission, and asked that the project be halted until staff looks
at the process and why it was not brought to the Planning Commission. Mr.
Cunningham said this would be reviewing the process in the code amendment.
Vice Chairman Cohen said if this should have gone through the process, he
would like it to be brought through the process.
Commissioner Neely asked that the City Manager be apprised of this and that he
notify the City Council of the extent of these improvements. Mr. Cunningham said
a special City Council meeting is scheduled on Tuesday, January 30, 2007 to
look at certain projects throughout the City, in terms of priority.
Chairman Cardoza asked if two Commissioners can attend the League of
California Cities Planning Commission Institute held in San Diego March 21-23.
Mr. Cunningham suggested that Commissioners who have not attended put it on
their calendar.
Chairman Cardoza suggested that a staff person attend the ULI Green
Conference Meeting April 23-24 in Pittsburgh, Pennsylvania.
Chairman Cardoza said he will not be able to attend the February 13 Planning
Commission and February 15 DRC meeting.
Commissioner Neely said he may not be able to attend the February 15 DRC
meeting and will not be able to attend the February 27 DRC meeting and the
March 1 DRC meeting.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 8:46 p.m.
The next regular meeting is scheduled for Tuesday, February 13, 2007, at 7:00
p.m. in the Council Chambers.
Approved:
0\1
William Cunningham, Interim Planning Director �' � j 20 6 7