PC Minutes-2006-10-10i
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949)493.1171
(949) 493-1053 t=ax
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CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, OCTOBER 10, 2006
MEMBERS OF THE CITY COUNCIL
SAM ALLEUATO
THOMAS W HRIBAR
MARK NIELSEN
JOE SOTO
OR 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;
Omar Sandoval, Deputy City Attorney; Richard Greenbauer, Associate Planner;
David Contreras, Associate Planner; Brian Perry, Senior Civil Engineer; Larry
Lawrence, Consulting Case Planner; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
None.
OLD BUSINESS
1. ARCHITECTURAL CONTROL (AC) 03-08 & CONDITIONAL USE
PERMIT CUP 04-03• SHEA THERAPEUTIC RIDING CENTER. A REQUEST
FOR APPROVAL OF A REVISED PHOTOMETRIC PLAN FOR AN
Sc177 Juan Cal i•strcuio: Pi-eservii?g Me f ust to Enhance the Farre
0 ?n.-qted aq •eCXad pilne,
PC Meeting • 2 0 October 10, 2006
EQUESTRIAN CENTER THAT IS UNDER CONSTRUCTION LOCATED AT
26284 OSO ROAD, GENERALLY LOCATED ON THE SOUTH SIDE OF OSO
ROAD AND APPROXIMATELY 100 FEET WEST OF AVENIDA DE LA VISTA.
(APN 121-07-19, 32 & 34) (APPLICANT: FRIESS COMPANY BUILDERS INC.)
Written Communications
October 10, 2006
Staff presentation & recommendation
Mr. Contreras presented the staff report, recommending that the Planning
Commission approve the revised photometric plan.
Motion
Commissioner Neely moved, seconded by Commissioner Drey, a motion to
approve a revised photometric plan for an equestrian center that is under
construction located at 26284 Oso Road, generally located on the south side of
Oso Road and approximately 100 feet west of Avenida De La Vista (APN 121-
07-19, 32 & 34).
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.
2. 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
AT 27211 ORTEGA HIGHWAY. (APN: 650-211-33) (APPLICANT: GEOFF
HIRSON)
Written Communications
October 10, 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
PC Meeting • 3 • October 10, 2006
Mr. Greenbauer presented the staff report, recommending adoption of a
resolution approving CUP 06-02, AC/MOD 89-10, and denying the outdoor
storage aspect of the CUP, subject to conditions of approval.
Public Hearing
Phillip Schwartze, representing the applicant, said that the applicant has
complied with Commission and staff requests.
Vice Chairman Cohen asked about valet parking for patrons of the Fish Market.
Commissioner Ratcliffe asked about noise from people unlocking their cars. Mr.
Schwartze said parking in the lower level would reduce the noise.
Vice Chairman Cardoza asked about signage. Mr. Contreras said there is a sign
program on site.
Marian Schnitzler, 31531 Ganado Road, whose home is situated above the car
wash and Tannins Restaurant, spoke in opposition to the item.
Commissioner Questions and Comments
Commissioner Ratcliffe said there is additional traffic and there is a need to
protect neighbors from the noise.
Commissioner Drey said he objects to the item because 1) it is difficult to find
parking spaces in upper and lower level dead ends, and 2) it is inappropriate for
a cocktail lounge to be adjacent to a single-family residential area.
Vice Chairman Cohen said he would like to see the parking situation monitored,
and asked if a temporary operating permit be an alternative to a CUP. Mr.
Sandoval said the Code provides for temporary permits for temporary uses, and
that an alternative to the CUP could be a condition that it is brought back for
review in 3 to 6 months or another timeframe.
Commissioner Neely said that he would be abstaining from voting since he did
not visit the site.
Chairman Cardoza said he was able to find a parking space, that the applicant
had filed applications with the City.
Vice Chairman Cohen asked what safety issues would arise if smoking were
moved to the front balcony. Mr. Schwartze said the building would block smokers
who smoked on the front balcony, and the balcony was well designed.
Commissioner Ratcliffe asked about applications for permits. Mr. Schwartze said
in July 2004 there was a request to expand the second floor.
PC Meeting • 4 • October 10, 2006
Chairman Cardoza asked the occupancy limit for the lounge. Mr. Schwartze said
the fire department occupancy limit is 100 for the lounge.
Motion
Vice Chairman moved, seconded by Chairman Cardoza, for approval subject to
the entire project being reviewed after a 90 -day period with respect to noise,
smoke, use, parking, ingress/egress, and anything else that may come before
the Commission. The motion failed 2-2, Commissioner Neely abstaining.
Chairman Cardoza moved, seconded by Commissioner Ratcliffe, to continue the
item to the November 14, 2006 Planning Commission meeting, to allow on-site
sound/noise inspection by Mr. Neely.
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.
PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT (CUP) 06-06 -- ZOE CHURCH; A
REQUEST FOR APPROVAL TO ESTABLISH AND OPERATE A NON
DENOMINATIONAL CHRISTIAN CHURCH WITHIN A 3,238 SQUARE FOOT
TENANT SUITE PORTION OF BUILDING A-2, A 13,950 SQUARE FOOT TWO
STORY COMMERCIAL OFFICE BUILDING LOCATED AT 31531 RANCHO
VIEJO RD. (APN: 650-142-10) (APPLICANT: JOHN HALLOWELL)
Written Communications
October 10, 2006
Applicant
John Hallowell, Zoe Church, 27251 Rosario, Mission Viejo, CA 92629
Property Owner
Centra Realty, Steve Sandland, 3 Park Place, Suite 1490, Irvine, CA 92614
Staff presentation & recommendation
Mr. Greenbauer presented the staff report, recommending that the Commission
adopt a resolution approve CUP 06-06, subject to conditions of approval.
PC Meeting 5 0 October 10, 2006
Public Hearing
Mr. Hallowell requested that the hours be 8:00 a.m. to noon, and suggested 8
a.m. and 10 a.m. services conducted at times other than the adjacent church.
Chairman Cardoza asked the size of the congregation. Mr. Hallowell said there
are currently 70 members and estimated that 100 people would attend services
at the proposed facility.
Commission Questions and Comments
Commissioner Neely suggested a condition stipulating the offset of hours of
operation with the adjacent church.
Commissioners Ratcliffe and Drey said they would support the CUP.
Vice Chairman Cohen said this was not a permitted use on the CDP.
Chairman Cardoza said the use would be monitored by the adjacent church.
Motion
Commissioner Ratcliffe moved, seconded by Commissioner Drey, to approve
Resolution No. 06-10-10-1 approving a Conditional Use Permit to allow Zoe
Church to establish in an office research park building located at 31531 Rancho
Viejo Road, with the condition that services be conducted at times other than the
adjacent church (Assessors Parcel Number 650-142-10)
YES: Commissioners Drey, Neely, Ratcliffe, Chairman Cardoza
NOES: Vice Chairman Cohen
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 4-1, with Vice Chairman Cohen opposed due to
this not being a permitted use in the Comprehensive Development Agreement.
2. ARCHITECTURAL CONTROL (AC) 06-10, PACIFICA SAN JUAN REC
CENTER: AN APPLICATION TO PERMIT CONSTRUCTION OF A
RECREATION CENTER FOR PACIFICA SAN JUAN PLANNED COMMUNITY,
ON 1.2 ACRES OF PROPERTY ZONED PLANNED COMMUNITY (PC) WITH A
GENERAL PLAN DESIGNATION OF PLANNED COMMUNITY (PC) LOCATED
ON LOT 2 OF TRACT 16747 GENERALLY LOCATED ON THE
SOUTHEASTERLY SIDE OF AVENIDA CALIFORNIA APPROXIMATELY 1
MILE NORTH OF CAMINO LAS RAMBLAS.
PC Meeting • 6 0 October 10, 2006
Chairman Cardoza recused himself from the item since his firm has done
business with Sun Cal during the past 12 months, and passed the gavel to Vice
Chairman Cohen.
Written Communications
October 10, 2006
Applicant/Owner
SJD Partners, Ltd., Attn: Susan Bunzey, 2392 Morse Avenue, Irvine, CA 92614
Landscape Architect
Summers/Murphy, 34197 Coast Highway, Suite 200, Dana Point, CA 92629
Engineer
Hunsaker & Associates, Doug Staley, 250 Commerce, Suite 100, Irvine, CA
92602
Architect
Gregg Nutt, Knitter & Assoc., 20151 SW Birch, Ste. 100, Newport Beach, CA
92660
Staff presentation & recommendation
Mr. Cunningham presented the staff report recommending that the Planning
Commission adopt a resolution conditionally approving Architectural Control (AC)
06-10.
Public Hearing
Ron Freeman, Sun Cal Companies, 2392 Morse Ave., Irvine, said the total
permitted units in the project is 416, the build -out will be less due to lesser
densities on the multi -family sites than the maximum anticipated when approval
was granted, and that the applicant complied with numerous design changes
suggested by staff.
Commissioner Ratcliffe asked about provisions for security fencing.
Ed Dahl, Summers Murphy, and Partners, 34197 Coast Highway, Dana Point,
said there would be a minimum 5 ft. high security fence around the pool and spa
area.
Commissioner Comments
Commissioner Drey said he is in favor of the application.
Commissioner Ratcliffe said that although she likes the project, she is concerned
with the architectural treatment.
PC Meeting 0 7 9 October 10, 2006
Vice Chairman Cohen asked how 25 parking spaces were derived. Mr.
Cunningham said there was no Code requirement, and staff felt that 25 parking
spaces plus 2 handicapped spaces would be adequate.
Motion
Commissioner Drey moved, seconded by Commissioner Ratcliffe, to approve
Resolution No. 06-10-10-2 approving a recreation center located on Lot 2 of Final
Tract Map 16747, "Country District" of the Pacifica San Juan Planned Community
(SJD Partners, Ltd.), subject to staff conditions that operating hours be limited
and the parking lot lighting be on timers to go off shortly after 10:00 p.m.
AYES: Commissioners Drey, Neely, Ratcliffe, Vice Chairman Cohen
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: Chairman Cardoza
The motion passed by a vote of 4-0, with Chairman Cardoza recused.
NEW BUSINESS
1. CAPITAL IMPROVEMENT PROJECT (CIP) 406, CEQA SAN JUAN
CREEK ROAD WIDENING; REVIEW OF FEASIBILITY STUDY REPORT FOR
SAN JUAN CREEK ROAD WIDENING, VALLE ROAD TO CAMINO
CAPISTRANO.
Vice Chairman Cohen passed the gavel to Chairman Cohen.
Written Communications
October 10, 2006
Project -Manager
Brian Perry, P.E., Senior Civil Engineer, City of San Juan Capistrano
Engineer
PBS&J
Staff pre-sentation & recommendation
Mr. Perry presented the staff report recommending that the Planning
Commission review the Feasibility Study Draft Study Report for the widening of
San Juan Creek Road, from Valle Road to Camino Capistrano and forward a
recommendation of approval regarding Option C to City Council.
PC Meeting 0 8 • October 10, 2006
Commissioner Questions and Comments
Commissioner Neely asked for clarification regarding planned sidewalks. Mr.
Perry said the sidewalks were moved to the east side of Valle Road for continuity
with the sidewalk east of the ramps.
Commissioner Neely asked if staff is recommending A. Mr. Perry said staff is
recommending C, with A as a transitional option.
Commissioner Ratcliffe asked for clarification of timing in relation to the
interchange. Mr. Perry said it is difficult to give a firm timeline, and the current
projection on this project is around 2010 and the interchange is around 2011.
Commissioner Neely asked that the final design be brought to the DRC. Mr.
Perry said that this is a feasibility study and a City project that is subject to
Caltrans technical review, CEQA review, and review by Planning Commission
and other Commissions.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Drey, to forward a
recommendation of approval to City Council regarding Option C of the Feasibility
Study Draft Study Report for the widening of San Juan Creek Road, from Valle
Road to Camino Capistrano, with the condition that it be returned to the DRC and
Planning Commission for review.
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.
COMMISSIONISTAFF COMMENTS
1. REPORT ON VISIBILITY OF LAING HOMES IN PACIFICA SAN JUAN.
Mr. Lawrence presented a report on visibility of Laing Homes in Pacifica San
Juan. Planning Commission directed staff to make sure landscaping is
augmented in the ridgeline area. The DRC is currently reviewing the project.
PC Meeting 1* 9 0 October 10, 2006
Mr. Lawrence said the improvements on Rancho Viejo Road southerly driveway,
right in, right out only configuration for the striping, and the improvements on
Avenida Los Cerritos and Rancho Viejo Road have begun.
Commissioner Drey asked how a Conditional Use Permit is monitored. Mr.
Cunningham said before the project is signed off, staff makes sure each of the
conditions have been met. For ongoing performance standards, complaints are
handled.
Vice Chairman Cohen said the Open Space Ad Hoc Committee met the first of
the month and the City has hired a firm to conduct the poll.
Commissioner Ratcliffe said there would be a celebration/dedication on
November 10 by Orange County Habitat for Humanity on the Calle Rolando site.
Commissioner Neely said the Open Space Committee members received a
suggestion that the committee negotiate open space development arrangements
with the property owners as opposed to the referendum approach. Mr.
Cunningham said he would forward the October 10, 2006 email to the Planning
Commissioners.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 9:24 p.m.
The next regular meeting is scheduled for Tuesday, October 24, 2006, at 7:00
p.m. in the Council Chambers.
Approved:
William Cunningham, Intefirn Planning Director,y�4��`r
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