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PC Minutes-2006-09-12•32400 PASEO AOELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493-1171 (949) 493-1053 FAx u•u•u•. srririrrrrr rrrrpi.rlrunu. rrr;y� CALL TO QRDER i•' ' ' IA[1AA71Aiil • rsIAl11t1cA 1961 1776 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. S4117.111an C twistrcn►o: I'reserving the I'ust to E-nh nee tl►c b"unn•e PC Meeting • 2 Otember 12, 2006 0 CONSENT CALENDAR n u 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 /C-;- //-�- A T