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PC Minutes-2007-01-2332400' PASEO ADD-L.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx wN'w sL7Y1JIfancapistl ano.org 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 �a Printed an recycled paper 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