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PC Minutes-2006-11-14.32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 926755 (949) 493-1171 (949) 493-1053 FAx n•u•x•..vrurjlrc rrr<•crpr.� Irr rnrr. r,rt,� CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, NOVEMBER 14, 2006 MEMBERS OF IHE CITY COUNCIL SAM ALLEVATO THOMAS 1h HRIBAR NARK NIELSEN JOE SOTO OR LONDRES USO The meeting of the Planning Commission was called to order by Chairman Cardoza at 7:05 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; William Ramsey, Principal Planner; David Contreras, Associate Planner; 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. APPROVAL OF PLANNING COMMISSION MINUTES OF OCTOBER 24.2006. ® Vice Chairman Cohen asked that the minutes be corrected to reflect that Chairman Cardoza was absent and Vice Chairman Cohen chaired the meeting. .San .Ittrtn C'rtl►islrano: Pa'sel-ri►a,,- Me fast to Enhance the h'tintre PC Meeting 2 Noober 14, 2006 is Commissioner Ratcliffe moved approval, seconded by Commissioner Drey, of the Minutes of September 26, 2006. The motion passed by a vote of 3-0. Chairman Cardoza and Commissioner Neely abstained due to their absence at the meeting. OLD BUSINESS 1. CONTINUED CONSIDERATION OF CONDITIONAL USE PERMIT (CUP) 0) 6-02, 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 AT 27211 ORTEGA HIGHWAY, AND MORE COMMONLY REFERRED TO AS APN: 650- 211-33 (APPLICANT: GEOFF HIRSON) Written Communications November 14, 2006 Owner HLB Properties, 27211 Ortega Hwy. Ste. 213, San Juan Capistrano, CA 92675 Applicant/Architect Nunn Architecture, Inc., 31011 Paseo Valencia, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Cunningham said he would be giving the staff report since Associate Planner Greenbauer has resigned and is now working for the City of Oceanside. Mr. Cunningham said that at the October 10, 2006 Planning Commission there was a 2-2 split vote with Commissioner Neely abstaining, and the item was continued to allow on- site sound/noise inspection by Mr. Neely. Staff recommends that the Planning Commission adopt a resolution approving CUP 06- 02, AC/MOD 89-10, and deny the outdoor storage aspect of the CUP, subject to conditions of approval. Public Hearing Phil Schwartze, representing Tannins Restaurant, asked for approval of a CUP for an existing use, and made reference to the sign -off from the City on a letter to ABC that said a CUP was not needed. Mr. Schwartze said that the applicant had submitted a parking management plan. Vice Chairman Cohen asked if employees of the restaurant were providing valet parking. Mr. Geoff Hirson said that employees provided better service than a valet service. PC Meeting 0 3 Notber 14, 2006 Pam Lytle, 31192 Paseo Acacia, spoke in favor of the item and said her office is next to Tannins Restaurant and that she does not hear any noise. Buck Bean, 33101 Ortega Highway, spoke in favor of the item and said the Tannins Restaurant clientele is not noisy. Roy Nunn, 31011 Paseo Valencia, spoke in favor of the item_ Jan Wilson, 33101 Ortega Highway, spoke in favor of the item and said Tannins Restaurant is an asset to San Juan Capistrano. Steve Cronin, 104 Dornach, Coto De Caza, spoke in favor of the item. Michelle Cronin, 104 Dornach Way, Coto De Caza, spoke in favor of the item. Brian Beeman, 28372 Camino La Ronda, spoke in favor of the item and said that parking is not a problem and that it is a clean, respectable business. Mike Brooks, 32821 Calle Perfecto, spoke in favor of the item and said that parking is not a problem. Danielle M. Schuster, 21641 Canada Road, 11 D, Lake Forest, spoke in favor of the item, and said that her women's Bible study meets at Tannins Restaurant one Saturday morning per month. Dietra Fox, 33 Calle Cerazon #Q, Laguna Woods, spoke in favor of the item. Commissioner Drey asked how long the business had been in operation. Mr. Schwartze said it had been in operation eight or nine months. Chairman Cardoza asked if there had been any complaints. Mr. Cunningham said there have been no complaints since the noise issue had been addressed. Commissioner Ratcliffe asked if the existing permit was for a commercial kitchen on the upper level. Mr. Cunningham said he would look through the file. Vice Chairman Cohen asked if all time limitations had been removed from the green - marked parking spaces. Mr. Cunningham said yes. Commissioner Comments and Questions Vice Chairman Cohen said the Parking Management Plan would have to be modified to address hiring employees to provide valet parking. Mr. Cunningham said that employees would need to provide valet parking exclusively. Commissioner Ratcliffe voiced concern that future operators and clientele of the restaurant may not be quiet. PC Meeting 4 Aber 14, 2006 Commissioner Neely asked if staff is recommending removal of the containers. Mr. Cunningham said yes. Commissioner Neely said that although during his visit noise was not a problem, there is potential concern from nearby residents. Chairman Cardoza said violation of a CUP is subject to revocation of the CUP. Mr. Sandoval confirmed that the CUP could be revoked. Mr. Cunningham said Condition 23b addresses ongoing noise evaluations and if exceeded would come back to the Commission. Chairman Cardoza said most professional parking services hire young adults and it is incumbent on the owner to have proper insurance. Chairman Cardoza asked if there been any property devaluation because of the proximity of the restaurant. Mr. Cunningham said staff could not determine that. Commissioner Drey asked if the CUP runs with the land. Mr. Sandoval said that the CUP runs with the land and is transferable and subject to all the conditions. Motion Vice Chairman Cohen moved, seconded by Commissioner Drey to approve Resolution 06-11-14-1 approving Conditional Use Permit (CUP) 06-02, and Architectural Control Modification (AC/MOD) 89-10 to allow the expansion of Tannins Restaurant to include: a lounge and bar with live entertainment on the second floor, an outdoor dining patio area on the first floor, and denying the request to establish outdoor storage, subject to re-examination of traffic, parking, noise, smoking, and any other concern that might come before the Planning Commission within 90 days within the commercial/retail center located at 27201 Ortega Highway and more precisely referred to as Assessors Parcel Number 650-211-33 (Tannins Restaurant). AYES: Commissioner Drey, Vice Chairman Cohen, Chairman Cardoza NOES: Commissioners Neely and Ratcliffe ABSENT: None ABSTAIN: None The motion passed by a vote of 3-2, with Commissioners Neely and Ratcliffe opposed. 2. CONTINUED CONSIDERATION OF CONDITIONAL USE PERMIT fCUP) 96-07, MODIFICATION #1, SPRINT-NEXTEL; AN APPLICATION TO ALLOW THE INSTALLATION OF A SIX -PANEL ANTENNA ARRAY TO AN EXISTING 60'-0" TALL, SPRINT-NEXTEL MONOPOLE LOCATED ON AN EXITING 2.63 ACRE PROPERTY SITUATED IN THE "CM" (COMMERCIAL MANUFACTURING) ZONE DISTRICT AND GENERAL PLAN -DESIGNATED "4.1 -QUASI INDUSTRIAL" AND LOCATED AT 26411 PC Meeting 0 5 Nower 14, 2006 VIA DE ANZA AND GENERALLY LOCATED AT THE NORTHERN BEND OF VIA DE ANZA ABOUT 560 FEET NORTHWEST OF CAMINO CAPISTRANO (APN: 668-291- 11) (APPLICANT: ROYAL STREET COMMUNICATIONS, SANDRA STEELE). Written Communications November 14, 2006 Owner John Yelland, SJC Self -storage Ltd., 6 Venture, #215, Irvine, CA 92718 Applicant Sandra Steele, Royal Street Communications, 3685 19th Street, San Francisco, CA 94110 Engineer/Architect MSA Architecture & Planning, Attn.: Joel Alejandrino, 1800 E. Deere Avenue, Santa Ana, CA 92705 Staffrp esenta_tion_ & recommendation Mr. Ramsey presented the staff report on continued consideration of CUP 96-07, Modification #1; an application to allow the installation of a six -panel antenna array to an existing 65'-0" tall, Sprint -Nextel monopole located at 26411 Via de Anza. Staff recommends that if the Planning Commission determines that the proposed antenna array design represents the best available technology with respect to reducing visual impacts; that the Planning Commission adopt a resolution conditionally approving a modification to Conditional Use Permit (CUP) 97-06, Royal Street Communications. Vice Chairman Cohen asked about the 1996 approval of installation of a 65'-0" wireless antenna monopole by Sprint -Nextel. Mr. Ramsey said the applicant's proposal is now before the Commission. Chairman Cardoza asked the span of the antenna. Lisa Nahmanson, representing Royal Street Communications, said the current standoff is 3'-6" and they are willing to reduce it to 2'-6" in order to keep the six antennas at the same height. Public Hearin There being no comments on the item, Chairman Cardoza closed the Public Hearing. Commissioner Questions and Comments Commissioners Neely, Ratcliffe, Drey, and application. Chairman Cardoza spoke in support of the Vice Chairman Cohen said he could accept the co -location as presented this evening. 0 Motion PC Meeting • 6 Noeber 14, 2006 Commissioner Drey moved, seconded by Vice Chairman Cohen, to approve Resolution 06-11-14-2 approving a modification to a previously approved Conditional Use Permit for a "cellular tower installation" subject to staff conditions and condition for reduced 2.6" standoff on an existing site located at 26411 Via De Anza and more precisely referred to as Assessors Parcel Number 668-291-11 (Sprint -Nextel). 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. TREE REMOVAL PERMIT (TRP) 06-081 AND ZONE VARIANCE (ZV) 06-05, TROUBLEMAN'S COTTAGE; AN APPLICATION TO REMOVE ONE (1) ASH TREE WITH A DIAMETER OF OVER 40 INCHES AND TO ALLOW AN 89'-0" ENCROACHMENT OF A NEW SINGLE FAMILY RESIDENCE INTO THE FRONT YARD SETBACK. (APPLICANT: DAMIEN COLLINS) (TO BE CONTINUED TO THE PLANNING COMMISSION MEETING OF DECEMBER 12, 2006) Staff presentation & recommendation Mr. Contreras said that staff recommends that this item be continued to December 12, 2006 to allow the applicant the opportunity to submit additional requested information. The applicant has been contacted and is aware of the continuance. Motion Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to continue the item to the December 12, 2006 Planning Commission meeting to allow the applicant the opportunity to submit additional requested information. The motion passed 5-0. One member of the public requested an opportunity to speak. Motion Commissioner Neely moved, seconded by Chairman Cardoza, to reopen the public hearing to hear public testimony. The motion passed 5-0. Public Hearing Joe Seymour, 31481 La Calera, spoke in opposition to removal of the tree. 0 Motion PC Meeting 7 Aber 14, 2006 Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to continue the item to the December 12, 2006 Planning Commission meeting to allow the applicant the opportunity to submit additional requested information. The motion passed 5-0. NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 06-112, AN APPLICATION TO REMOVE ONE (1) CALIFORNIA PEPPER (SCHINUS MOLLE) TREE, WITH A DIAMETER OF APPROXIMATELY SIXTY (60) INCHES. THE SUBJECT TREE IS LOCATED AT THE SOUTH EAST CORNER OF THE MISSION PROPERTY, AT THE INTERSECTION OF ORTEGA HIGHWAY AND EL CAMINO REAL AT 26801 ORTEGA HIGHWAY (APN 124-180-06) (APPLICANT: MISSION SAN JUAN CAPISTRANO). Written Communications November 14, 2006 Applicant Mission San Juan Capistrano, Attn: Craig Springer, 26801 Ortega Highway, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Contreras presented the staff report and said that the applicant's application included an arborist's report from Dudek & Associates, Inc. stating that the tree is dying from age-related factors. After staff field inspection and consultation with West Coast Arborists, Inc. staff concluded that the tree had infestation and is dying from age-related factors. Staff is recommending that the Commission approve TRP 06-112 subject to the conditions of approval. Public Hearing Vice Chairman Cohen asked if a replacement tree is recommended. Mr. Contreras suggested that a landscape plan be prepared and brought to the DRC. Commissioner Ratcliffe said several large trees within the outer courtyard of the Mission had been removed in the past several years. Mr. Contreras said an oak tree had been legally removed in late 2004 or early 2005. Michelle Lawrence, representing the Mission, said there is no irrigation plan for exterior plantings and trees, that water is a threat to the historic buildings, and that the only reason for tree removal is due to a public safety threat. Commissioner Ratcliffe asked about watering of the roses. Ms. Lawrence said that the roses are hand watered. PC Meeting • 8 Nos ber 14, 2006 Commissioner Neely asked if there is another drought -tolerant tree that could be a suitable replacement tree. Ms. Lawrence said there is a public safety issue with transients who climb the fence, and a landscape plan with cactus would be preferable to a replacement tree. Commissioner Questions and Comments Commissioners Drey, Neely and Ratcliffe, Vice Chairman Cohen, and Chairman Cardoza spoke in favor of consideration of a replacement tree as part of the landscape plan to be brought to the DRC. Mr. Cunningham suggested that Condition 5 be expanded to consider trees as part of the landscape plan. Motion Vice Chairman Cohen moved, seconded by Commissioner Drey, to approve Resolution 06-11-14-3 approving a Tree Removal Permit for one California Pepper (schinus molle) tree, located at 26801 Ortega Highway with conditions as stated and for the replacement landscaping to include tree(s) to be brought to the Design Review Committee (APN 124-180-06). AYES: Commissioner Drey, Neely and Ratcliffe, Vice Chairman Cohen, Chairman Cardoza NOES: None ABSENT: None ABSTAIN: None The motion passed by a vote of 5-0. 2. TREE REMOVAL PERMIT (TRP) 05-077; AN APPLICATION TO REMOVE ONE (1) MONTEREY PINE TREE (PINUS RADIATA), WITH A DIAMETER OF THIRTY- FOUR (34) INCHES AND AN APPROXIMATE HEIGHT OF FIFTY (50) FEET. THE SUBJECT TREE IS LOCATED IN THE FRONT YARD OF THE EXISTING SINGLE- FAMILY RESIDENCE, GENERALLY LOCATED SEVEN -HUNDRED FIFTY (750) FEET SOUTH OF CAMINO DEL AVION AND TWENTY (20) FEET WEST OF AVENIDA DESCANSO AT 32911 AVENIDA DESCANSO. (APN 668-061-05) (APPLICANT: ELLEN LEWIS). Written Communications November 14, 2006 0 Applicant Ellen Lewis, 15 C. R. 2327, Aztec, NM 87410 PC Meeting 9 Aber 14, 2006 Engineer/Architect MSA Architecture & Planning, Attn.: Joel Alejandrino, 1800 E. Deere Avenue, Santa Ana, CA 92705 Staff presentation & recommendation Mr. Contreras presented the staff report as a request for approval to remove one (1) Monterey Pine tree located in the front yard of the single-family residence located at 32911 Avenida Descanso. The Commission previously considered and denied removal of this tree on October 11, 2005, since an arborist's report had not been submitted. Mr. Contreras said the applicant has recently submitted a tree -cutting estimate from James Clinger, a certified arborist. Staff conducted a field investigation and determined that there were several boring holes at the base of the tree, and provided a photograph of an Ips Beetle found on the tree. Staff recommends that the Commission adopt a resolution approving a permit for the removal of one (1) Monterey Pine tree, based on the findings required by Section 9- 2.349 of the Land Use Code. Commissioner Questions and Comments Vice Chairman Cohen asked if staff looked at the tree when the permit was first submitted in 2005. Mr. Contreras said that staff looked at the tree on several occasions, and in 2005 staff did not see an indication of infestation. Chairman Cardoza asked if the staff would work with the applicant without the item being returned to the Planning Commission or DRC. Mr. Contreras said staff would work with the applicant to determine the type of replacement tree and conduct the final inspection. Commissioner Ratcliffe said there is another pine tree close to the house. Mr. Contreras said Mrs. Lewis did not pian to remove that tree at this time. Motion Vice Chairman Cohen moved, seconded by Commissioner Neely, to approve Resolution 06-11-14-4 approving a Tree Removal Permit for one Monterey Pine tree located at 32911 Avenida Descanso (APN 668-061-05). AYES: Commissioner Drey, Neely and Ratcliffe, Vice Chairman Cohen, Chairman Cardoza NOES: None ABSENT: None 40 ABSTAIN: None • C 0 PC Meeting 0 10 Nower 14, 2006 The motion passed by a vote of 5-0. COMMISSIONISTAFF COMMENTS Mr. Cunningham requested consideration of cancellation of the December 26, 2006 Planning Commission Meeting. Motion Commissioner Neely moved, seconded by Commissioner Ratcliffe to approve cancellation of the December 26, 2006 Planning Commission Meeting. The motion passed by a vote of 5-0. Commissioner Ratcliffe said that she and Chairman Cardoza attended the site dedication of Calle Rolando and they are looking for potential veteran and non -veteran homeowners. Mr. Cunningham said that Lynnette Adolphson did a very good job on the project and there was a positive article about the project in the L.A. Times. Commissioner Drey asked about the status of the Dollar Store situation. Mr. Sandoval said the Court continued it to consider Constitutional challenges. Chairman Cardoza asked for an update on the status of Yorba Street. Mr. Contreras said that the Engineering Department sent out an RFP to Engineering Consultants. Mr. Cunningham said staff would find out if the eventual plan would go to the DRC. Chairman Cardoza asked when the new City Council officers take office. Mr. Sandoval said the newly elected City Council officers take office at the first City Council meeting in December unless the Council holds a special meeting. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:55 p.m. The next regular meeting is scheduled for Tuesday, November 28, 2006, at 7:00 p.m. in the Council Chambers. Approved: i yam Cunningham, Interim Planning Director