PC Minutes-2006-09-12•32400 PASEO AOELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493-1171
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MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, SEPTEMBER 12, 2006
•
6,1E MBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
OR LONORES USO
The meeting of the Planning Commission was called to order by Chairman
Cardoza at 7:04 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: Molly Bogh, Planning Director; Omar Sandoval,
Deputy City Attorney; Larry Lawrence, Consulting Project Manager; Teri
Delcamp, Historic Preservation Manager; Richard Greenbauer, Associate
Planner; Alan Oswald, Traffic Engineer; Sue McCullough, Recording Secretary.
Chairman Cardoza thanked Molly Bogh for her outstanding service to the City
and the community, read a card from the Planning Commission, and wished her
success in the private sector. Vice Chairman Cohen presented Ms. Bogh with a
crystal vase and said she has been an inspiration and has made many things
crystal clear. Commissioners Drey, Neely and Ratcliffe also thanked Ms. Bogh
for her many contributions. Ms. Bogh thanked the Commissioners for the
opportunity to work with them, saying she had learned a lot about the community
and the decisions that went into making it such a unique place. Commissioners
Drey, Neely, and Ratcliffe expressed their respect and admiration for Ms. Bogh.
ORAL COMMUNICATIONS
None.
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PC Meeting • 2 Otember 12, 2006
0 CONSENT CALENDAR
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41
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.
Minutes of August 8, 2006_: Vice Chairman Cohen moved approval, seconded by
Commissioner Ratcliffe. The motion passed by a vote of 4-0-1, with
Commissioner Neely abstaining due to his absence at the meeting.
OLD BUSINESS
None.
PUBLIC HEARINGS
1. ARCHITECTURAL CONTROL (AC) 03-09 MOD #2, MAMMOTH CDP:
AMENDMENTS TO TA 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 SIGN
PROGRAM FOR THE PROJECT; AND (3) TWO FREE-STANDING
MONUMENT SIGNS. THE PROJECT SITE IS ON THE EAST SIDE OF
RANCHO VIEJO ROAD BETWEEN VIA ESCOLAR AND SPOTTED BULL LANE
(APN 650-011-32; (APPLICANT: KENT AHLERING, MAMMOTH EQUITIES)
Written Communications
September 12, 2006
Applicant — Property Owner
Mammoth Equities LLC, 20532 EI Toro Road, Mission Viejo, CA 92692
Applicant's Representative:
Phil Schwartze, The PRS Group, 31682 EI Camino Real, San Juan Capistrano,
CA 92675
Staff presentation & recommendation
Mr. Lawrence presented the staff report, recommending approval of 1) an
amendment to the Comprehensive Development Plan to allow programs for
projects in the CDP area; 2) a sign program for the Mammoth Professional
Buildings; and 3) two freestanding monument signs for the entrance to Mammoth
Professional Buildings.
Commissioner Questions and Comments
PC Meeting • 3 Oternber 12, 2006
Chairman Cardoza asked for clarification of what would be addressed tonight.
Mr. Lawrence said the Commission would be looking at 1) an amendment to
allow sign programs in the CDP area, 2) the specific sign program, and 3) the
two freestanding monument signs.
Public Hearing
Applicant Kent Ahlering, Mammoth Equities, said he would be happy to answer
any questions about the Mammoth project.
Michael Rubio, 29267 Country Hills Road, on the property line of the Mammoth
project, raised concerns about a fence, and spoke in opposition to the project.
Bob King, 29422 Spotted Bull Lane, spoke in opposition to the project, said it
violates CEQA and the City Land Use Policy and compatibility, and voiced
concern about possible light spillage from the proposed signs into the adjacent
residential neighborhood. Ms. Bogh said that there are no signs planned on the
rear of the buildings facing the residential neighborhood and it is staffs opinion
that the signs will not be visible from the residential neighborhood because they
are several hundred feet away, separated by building mass, and facing the
freeway.
Linda Harris, 26301 Wildwood Lane, spoke in opposition to the project due to
41 possible light spillage from the proposed signs into the adjacent neighborhood,
and asked if the fence is required. Ms. Bogh stated that the .fence is not part of
the Conditions of Approval, but was agreed to later by Mammoth as a way of
addressing concerns of some of the adjacent neighbors.
Four items of correspondence were presented to the Commission, with 1
supporting the project and 3 opposed.
Commissioner Comments
Commissioner Drey said he was in favor of staff recommendation.
Vice Chairman Cohen said he has mixed emotions about the project, and can go
along with staff recommendation.
Commissioner Ratcliffe said although she was ambivalent about the project, she
has been pleasantly surprised by the way the design has been refined.
Commissioner Neely said the DRC achieved high-quality architecture, and
although the signs have been substantially refined, he disagrees with the City's
policy to allow freeway -oriented signage on office parks.
Chairman Cardoza said the applicant readily worked with the DRC to make
architectural and signage changes_
PC Meeting • 4 Otember 12, 2006
Motion
Commissioner Drey moved, seconded by Chairman Cardoza, to approve
Resolution 06-9-12-1 approving an amendment to CDP 90-2 to allow sign
programs for projects in the CDP area; and approving a sign program and two (2)
freestanding monument signs for the Mammoth Professional Buildings on
Rancho Viejo Road, subject to staff conditions (APN 650-011-32).
AYES: Commissioners Drey and Ratcliffe, Vice Chairman Cohen, and
Chairman Cardoza.
NOES: None
ABSENT: None
ABSTAIN: Commissioner Neely
The motion passed by a vote of 4-0-1, with Commissioner Neely abstaining
based on his opposition to the City's policy allowing freeway -oriented signage on
office parks.
Ms. Bogh stated that there is a 15 -day appeal period on this Planning
Commission action, and that appeal would go to the City Council.
2. CONTINUED CONSIDERATION OF CONDITIONAL USE PERMIT (CUP}
06-02, ARCHITECTURAL CONTROL MODIFICATION (AC/MOD) 89-10,
TANNINS RESTAURANT: A REQUEST FOR APPROVAL TO EXPAND THE
EXISTING RESTAURANT USE AND ESTABLISH A BAR WITH LIVE
ENTERTAINMENT WITHIN THE PLAZA DE LAS GOLONDRINAS AT 27211
ORTEGA HIGHWAY IN THE GENERAL PLAN -DESIGNATED 3.0
NEIGHBORHOOD COMMERCIAL (NC), ZONED SPECIFIC PLAN/PRECISE
PLAN (SP/PP) AND MORE COMMONLY REFERRED TO AS APN: 650-211-33
(APPLICANT: GEOFF HIRSON)
Written Communications
September 12, 2006
Owner
HLB Properties, 27211 Ortega Hwy. Ste. 2B, San Juan Capistrano, CA 92675
Applicant/Architect:
Nunn Architecture, Inc., 31011 Paseo Valencia, San Juan Capistrano, CA 92675
Staff presentation & recommendation
Mr. Greenbauer presented the staff report, recommending approval of CUP 06-
02, and AC/MOD 89-10 to allow the expansion of Tannins Restaurant to include:
40 a lounge and bar with live entertainment on the second floor, an outdoor dining
PC Meeting 0 5 Otember 12, 2006
patio area on the first floor, and denying the request to establish outdoor storage
within the commercial/retail center located at 27201 Ortega Highway and more
precisely referred to as Assessors Parcel Number 650-211-33.
Mr. Greenbauer said that this evening staff received a draft of a parking
management plan from the applicant. Staff feels that the proposed parking
management plan does not meet the intent of Condition 26, which identifies
specific items to be addressed within the management pian.
Commissioner Questions and Comments
Vice Chairman Cohen asked if a traffic study analyzed how the increased
circulation might impact left turn ingress and egress to the project. Mr.
Greenbauer said a traffic study was not commissioned, and that a parking study
showed no impacts to adjacent areas based on free valet service offered and the
nature of the other businesses in the area.
Vice Chairman Cohen asked about the extent of the valet service. Mr.
Greenbauer said the valet service and parking would be available to patrons of
other tenants, and that no parking counts were made after July.
Vice Chairman Cohen asked if there would be control over the applicant
increasing the dining in the lounge area. Mr. Greenbauer said that the
Commission could add that condition.
Chairman Cardoza asked how long the lounge has been in operation and if there
had been any complaints. Mr. Greenbauer said the lounge was brought to the
attention of staff in January 2006, and that there was no record of any
complaints.
Vice Chairman Cohen asked if the applicant would have the right to put
additional signage on the building. Ms. Bogh said that a sign program was
previously adopted for the entire center, and any additional signage would have
to be brought into conformance with the approved sign program.
Public Hearing
Phil Schwartze, 31682 EI Camino Real, said the property owners understand and
agree with the staff report, and feel comfortable with the outdoor storage areas
which are properly screened.
Jennifer Ramirez, 31522 Galano Way, whose home is situated above the car
wash and Tannins Restaurant, spoke in opposition to the item, and said she has
called the City and the police regarding excess noise occurring until 1:00 a.m.
Commissioner Questions and Comments
Chairman Cardoza asked Mr. Greenbauer to read the condition relating to noise.
Mr. Greenbauer read the Noise/ Vibration Condition on page 2 of the staff report.
PC Meeting 6 Otember 12, 2006
Vice Chairman Cohen asked the applicant if the parking would be first-come,
first-served until the lot fills up, and then engage the valet parking.
Jeff Hussent, 27211 Ortega Highway, said the valet parking would be available
from 6:00 p.m., and that the lounge starts about 8:00 p.m.
Vice Chairman Cohen asked if the applicant envisions any dining in the lounge
area, and how many tables are in the restaurant. Mr. Hussent said appetizers are
now served in the lounge area, the restaurant seats 85 people, and the lounge
seats about 100 people.
Commissioner Neely said this project has had less thorough analysis than the
wedding venue a few months ago
Commissioners Neely, Ratcliffe, Drey, Vice Chairman Cohen, and Chairman
Cardoza voiced concerns regarding the storage containers and noise impacts on
nearby residents.
Vice Chairman Cohen and Commissioner Drey voiced concerns regarding
ingress and egress left turns and parking.
Chairman Cardoza asked if a continuation would be in order to allow the
applicant to revisit the design. Ms. Bogh said if the Planning Commission were to
deny a CUP, it could be appealed to the City Council, and that staffs
recommendation would be a continuance to work with the applicant to use offsite
storage, clarify the parking pian, and address noise with mitigations,
Vice Chairman Cohen asked for a comprehensive parking management plan
indicating locations of signs, valets, parking; and an onsite visit with sound
testing.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to continue
the item to the October 10, 2006 Planning Commission meeting, with the
applicant to come back with a comprehensive parking plan, and to allow interim
on-site sound/noise inspection by Planning Commissioners.
AYES: Commissioners Neely and Ratcliffe, Vice Chairman Cohen, and
Chairman Cardoza.
NOES: Commissioner Drey
ABSENT: None
I* The motion passed by a vote of 4-1, with Commissioner Drey opposed.
PC Meeting 0 7 Oternber 12, 2006
Ms. Bogh said there may be a need to continue the item again due to the backlog
of projects scheduled for consideration at the September 26 and October 10
Planning Commission meetings. Ms. Bogh said staff could agendize a field visit
by the Planning Commission to the facility, but those Commissioners may get a
more realistic idea of noise levels by visiting on a typical weekend night and
standing in the rear parking lot.
Chairman Cardoza called for a recess at 8:45 p.m. and reconvened the meeting
at 8:53 p.m.
3. CONDITIONAL USE PERMIT (CUP) 06-01. ZONING VARIANCE (ZV) 06
07; ZOOMARS: AN APPLICATION TO EXPAND AN EXISTING ANIMAL
PETTING FARM, INCLUDING AN INCREASE IN THE NUMBER OF ANIMALS
AND PENS; A NEW PEDESTRIAN ENTRY ON LOS RIOS STREET;
MODIFICATIONS TO EXISTING STRUCTURES; NEW PEDESTRIAN
PATHWAYS THROUGH SITE; NEW SIGNS; DEVIATIONS FROM SOME
SETBACK AND HEIGHT STANDARDS FOR ACCESSORY STRUCTURES;
AND A NEW FOUR FOOT SECURITY FENCE IN ABANDONED RIVER
STREET THAT WOULD ELIMINATE VEHICULAR ACCESS ON THE EXISTING
PAVED DRIVEWAY FROM PASEO ADELANTO TO LOS RIOS STREET, ON
APPROXIMATELY 1.37 ACRES OF PROPERTY ZONED LOS RIOS SPECIFIC
PLAN, HISTORIC COMMERCIAL (HC) AND HISTORIC RESIDENTIAL, WITH A
GENERAL PLAN DESIGNATION OF SPECIFIC PLANIPRECISE PLAN (SP/PP)
AT 31791 LOS RIOS STREET, GENERALLY LOCATED 950 FEET NORTH OF
DEL OBISPO STREET; (APN 121-160-17). THE SITE IS LISTED ON THE
CITY'S INVENTORY OF HISTORIC AND CULTURAL LANDMARKS (IHCL),
AND A PORTION OF THE SITE IS LOCATED WITHIN THE LOS RIOS STREET
NATIONAL REGISTER HISTORIC DISTRICT. (APPLICANT: OMAR &
CAROLYN GONZALEZ)
Written Communications
September 12, 2006
Owner/Applicant
Omar & Carolyn Gonzalez, 31791 Los Rios Street, San Juan Capistrano, CA
92675
Engineer:
David Graves, 2620 Canto Rompeolas, San Clemente, CA 92673
Staff presentation & recommendation
Ms. Delcamp presented the staff report, recommending adoption of a Mitigated
Negative Declaration and approval of CUP 06-01, ZV 06-07 based on the
required findings and conditions of approval, including a condition to delete the
proposal to place a fence down the middle of River Street.
PC Meeting 0 8 Oternber 12, 2006
Public Hearing
Carolyn Gonzales thanked Ms. Bogh for her guidance and asked for approval of
a fence down River Street due to the need for public safety.
Mr. Krolikowski, Newmeyer & Dillion LLP, 895 Dove Street, Newport Beach,
attorney for the Ito's, said the neighboring property owners do not oppose the
mini -farm project but that they need access to River Street for their business, and
to put a fence down RS would be inconsistent with the Specific Plan. He cited a
letter presented as part of the record.
Monica Mukai, 26711 Verdugo Street, spoke in support of the project.
Stan Wylazlowski, Chamber of Commerce, spoke in support of the project, and
voiced safety concerns due to cars speeding to the train station.
Sheree Ito, 31825 Los Rios Street, said the nursery has operated for 37 years
and suggested that the applicant reconfigure their business to improve safety
issues.
Applicant Omar Gonzalez, 31791 Los Rios Street, read from a lawyer's letter
regarding to ingress and egress and referred to a licensing agreement, and a
storm drain easement partially on the applicants' property and Ito's property.
Chairman Cardoza asked Ms. Delcamp for clarification of the issues raised. Ms.
Delcamp referred to the applicant's color coded site plan, proposed pedestrian
pathway, and ingress and egress. Mr. Sandoval said that the easements are
private and do not affect the Planning Commission's regulatory authority, and the
issue before the City and Planning Commission is whether the project is
compliant with Land Use regulations.
Vice Chairman Cohen asked if the Ito's have full access to their property from
Paseo Adelanto. Mrs. Ito said Ito Nursery is two parcels, and they could not
access one side of it if they only had access off of Adelanto.
Commissioner Questions and Comments
Chairman Cardoza suggested addressing the issues separately. Ms. Bogh said
the MND is tied to the River Street issue, and that staff is suggesting removing
the fence since it is listed in the City's inventory of historic places.
Commissioner Drey agreed with staff recommendations and voiced concern
regarding Amtrak user traffic.
Vice Chairman Cohen and Commissioner Neely spoke in support of staff
recommendation.
0
PC Meeting • 9 Opternber 12, 2006
Commissioner Ratcliffe voiced opposition to a fence on River Street, said the
signage paint colors seem too bright, and asked for clarification of the canopy
structures. Ms. Delcamp referred to colors mentioned in Condition 26 on page 7.
Chairman Cardoza complimented the Gonzales' on their dream, and suggested
that DRC review the project for simplicity, smaller scale, and more subtle colors.
Ms. Bogh said that a condition includes deletion of the fence. Ms. Delcamp said
the color palette did go before the DRC and that Conditions 24 and 25 require
that plans come back to the DRC.
_Motion
Commissioner Neely moved, seconded by Commissioner Drey, adoption of
Resolution No. 06-9-12-2 adopting a Mitigated Negative Declaration and
approving a Conditional Use Permit and Zoning Variance for expansion of the
existing animal petting farm located at 31971 Los Rios Street, subject to
Conditions of Approval as presented by staff, including deletion of the River
Street fence, with one modification to Condition 26 with structural concerns and
colors to be revisited by the DRC (Assessors Parcel Numbers 121-160-17 & 20;
Zoomars).
AYES: Commissioners Drey, Neely and Ratcliffe, Vice Chairman Cohen,
and Chairman Cardoza.
• NOES: None
ABSENT: None
The motion passed by a vote of 5-0.
Ms. Bogh stated that there is a 15 -day appeal period and that the appeal would
be to the City Council.
NEW BUSINESS
None.
COMMISSIONISTAFF COMMENTS
Ms. Bogh said on September 13 the Transportation Commission will be meeting
regarding the Yorba Street Pedestrian Plaza, to be brought to the Planning
Commission in October for forwarding to City Council in October or early in
November. The Planning Department would like to see the project move forward
as a means of increasing pedestrian connectivity and gathering areas downtown.
Ms. Bogh extended her thanks for the thoughtful deliberations by the Planning
Commission on the many projects they have reviewed over the last few years,
PC Meeting 0 10 Opternber 12, 2006
and said that the Planning Commission's attention to detail is paying off as
demonstrated by projects that are currently being built.
Commissioner Drey asked what can be done regarding the Dollar Store. Ms.
Bogh said an infraction citation had been issued and staff would pursue it with
the City Attorney's office.
Vice Chairman Cohen said he is saddened to see the Mission Inn sign go, and
asked if J. Serra night football games were to be played at Saddleback College.
Mr. Sandoval said City Council had made changes to the Planning Commission
recommendation.
Commissioner Neely said Ms. Bogh would be missed.
Commissioner Ratcliffe asked about the private road no trespassing sign on
Spotted Bull. Ms. Bogh said she would ask staff if the sign is legal.
Chairman Cardoza asked about the Land Use Code changes, and spoke in
support for green building concepts. He asked when Ziad Mazboudi could give a
presentation to the Planning Commission. Ms. Bogh said a special meeting
could be called regarding green building programs in other cities. Vice Chairman
Cohen asked for a presentation to be placed on the agenda when feasible. Ms.
Bogh said the land use definitions section had been forwarded to the
Commission, the procedures section is about half completed, and that the City
has arranged a small amount of hours for Ms. Bogh to help the City transition on
some of the projects. If desired, she stated she could help process these code
revisions.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 10:10 p.m.
The next regular meeting is scheduled for Tuesday, September 26, 2006, at 7:00
p.m. in the Council Chambers.
Approved:
m Cunningham, Acting Planning Director
AP P t
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