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PC Minutes-2009-04-1432400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER April 14, 2009 PLANNING COMMISSION MINUTES REGULAR MEETING MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO Vice Chair Ratcliffe called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE Vice Chair Ratcliffe led the flag salute. C. ROLL CALL Ginny Kerr, Commissioner James Mocalis, Commissioner Robert Williams and Commissioner Bruce Tatarian. COMMISSIONERS ABSENT: Chair Sheldon Cohen and Commissioner Tim Neely D. ORAL COMMUNICATIONS ►[67ill 1� E. CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and may be enacted by one motion and one vote. There may 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. 1. APPROVAL OF MEETING MINUTES OF MARCH 24 2009. Assistant Community Development Director Taylor identified an edit on Page 8, fifth paragraph, change "sign" to "equestrian". Motion by Commissioner Kerr to approve the March 24, 2009 Planning Commission Meeting Minutes as amended, seconded by Commissioner Tatarian. The motion to approve passed on a vote of 5-0. San Juan Capistrano: Preserving the Past to Enhance the Future A® `p1 Printed on 100% recycled paper F. CONTINUED PUBLIC HEARINGS 1. CODE AMENDMENT (CA) 08-04 (EQUESTRIAN COMMERCIAL AND NON- COMMERCIAL STANDARDS; consideration of a draft code amendment to amend SJCMC Title 9, Section 9-3.515 regulating equestrian stables standards, amendment to include revisions to the commercial and non-commercial stables standards, the addition of a nonconformities section, and revisions to the Best Management Practices (BMP) section. (Applicant: City of San Juan Capistrano)(Project Manager: David Contreras, Senior Planner). Staff Presentation and Recommendation Senior Planner David Contreras presented the staff report stating the proposed equestrian ordinance amends Municipal Code section 9-3.515 and proposes minor edits to residential stables, amendments to commercial stables development standards, addition of a nonconformities section, revisions to the Best Management Practices (BMP) section, and addition of a certificate of compliance section. Mr. Contreras distributed a track change version of the draft ordinance with proposed language amendments regarding two (2) sections of the ordinance including: Page 4, Section 9-3.515(c)(4)(1), Equestrian Shows and Exhibits, proposes to delete review of all equestrians shows and exhibits by the Community Development Director and the Director shall only review "major" events. Definitions for major and minor events were added. 2. Page 7, Section 9-3.515(e)(5)(D), Certificate of Compliance, proposes to amend language for stables providing documentation to assist the City in issuing a certificate of compliance for commercial stables that are consistent with code requirements. Assistant Community Development Director concurred with Commissioner Kerr to add the wording "for major events" to page 4, and suggested adding the wording "and similar records of land use approval' to page 7. Public Comments NONE Planning Commissioner Comments and Questions The Planning Commission reviewed and discussed the following proposed code amendments: • Commercial Equestrian Development Standards • Nonconformities Section • Best Management Practices (BMP) • Certificate of Compliance • Administrative Approvals (Community Development Director) PC Minutes 2 April 14, 2009 Commissioner Kerr suggested adding the wording "for major events" to page 4, and inquired about language on page 7. Commented she appreciates the changes to improve and clarify the ordinance. Vice Chair Ratcliffe commented the language improvements have merit and supports the ordinance. Commissioners Williams, Mocalis, and Tatarian commented they concur with Commissioner Kerr and support the ordinance. Motion by Commissioner Kerr to adopt the attached Resolution recommending that the City Council certify the Negative Declaration and adopt an ordinance approving Code Amendment (CA) 08-04, seconded by Commissioner Tatarian. The motion to approve passed by a vote of 5-0. G. NEW PUBLIC HEARINGS 1. DEVELOPMENT AGREEMENT AMENDMENT, TENTATIVE TRACT MAP (TTM) 16634 -MODIFICATION #1, ARCHITECTURAL CONTROL (AC) 09-01, WHISPERING HILLS ESTATES — RANCHO SAN JUAN; a request for approval of an amendment to the CDP, preliminary architectural plans, subdivision lot .plans, gated entry plans, wall and fencing plans, landscaped slope plans (internal & perimeter), and entry statement plans for the East Canyon area of Whispering Hills Estates — Rancho San -Juan, a --portion of a-404 acre planned community -development locatedabout 1.45---- miles 145 miles south of Ortega Highway, west of La Pata Avenue and south of Vista Montana. (APN 664-241-01 to 20; 251-02-08; 252-01 to 42; 253-01 to 36; 254-01 to 23; and 255- 01 to 42))(Applicant: Woodbridge homes, Todd Cunningham)(Project Manager: William Ramsey, AICP, Principal Planner). Staff Presentation and Recommendation Principal Planner Bill Ramsey presented the staff report stating the applicant has requested that the Development Agreement and Tentative Tract Map portions of the application be continued and distributed a letter of the request to the Planning Commission. Mr. Ramsey stated the Commission will only be considering the Architectural Control part of the application tonight. Mr. Ramsey distributed color boards to the Commission and referred to plans mounted on the wall behind the dais. The applicant proposes residences with four architectural models, three styles and twelve color palette options that provide wide variation. The applicant has addressed comments by the DRC however the side and rear elevations lack detailing. Mr. Ramsey discussed the grading plan with Verdura. walls that are mechanically stabilized walls that are not vertical and would be planted with "Rosemary". Mr. Ramsey discussed the fence and wall plans including solid block and tube steel commenting the DRC did not support precision block and wanted split face block or slump stone facing streets with pilasters at street ends. Mr. Ramsey discussed landscaping that would consist of a native plant palette. Mr. Ramsey discussed the conceptual design plans in detail. Mr. Ramsey discussed the entry identification signs proposed on La Pata and Vista PC Minutes 3 April 14, 2009 Montana with two alternatives to include 1) 20 foot towers or 2) fencing with pilasters; commenting the DRC had only reviewed Alternative 1 and that the towers had been reduced from 30 feet to 20 feet. Mr. Ramsey requested the Planning Commission select the alternative and refer back to the DRC for details. Public Comments Todd Cunningham, President of Woodbridge Homes and Managing Member of Rancho San Juan — Whispering Hills made a presentation commenting he had reviewed the staff report and conditions of approval, side and rear elevations visible from streets are architecturally enhanced, colors are rich with exposed elevations have deeper colors, the entry statement tower is similar to Turtle Ridge in Irvine, and the intersection at La Pata and Villa Montana is a mess. Mr. Cunningham went to the plans behind the dais to review open space, easements, entry statements, signal control box, gated entry, fencing and stated they support slump stone walls with no pilasters. Mr. Cunningham discussed the color renderings with Spanish Colonial, Santa Barbara and California Country architecture, four car garages, 3,000 to 4,000 square feet floor plans, and options for added building area. Commented California Country was originally Tuscan that evolved at DRC. Mr. Cunningham stated the entry gate was mechanical, the HOA would maintain the hillsides and the DRC preferred darker colors visible from streets. Danny Huitt, Woodbridge Homes discussed the color palette prepared by Ann Madison. Planning Commissioner Comments and Questions The -Planning Commission -reviewed -and discussed the following project -details: - • CPD Amendment; • Tentative Tract Map; • Architectural Plans; • Subdivision Lot Plans; • Gated Entry Plans; • Landscaped Slope Plans; • Wall and Fence Plans; • Entry Statement Plans. Commissioner Kerr inquired if the entry gate was manned or mechanical, if the HOA maintained the hillsides, if there are restrictions on plant materials in rear yards and commented she is concerned about dark colors so visible from streets, prefer more variation, need to dress up rear elevations, and the $30 park assessment. Commissioner Tatarian commented on the darker colors, stacking in garages, depth of garages, and inquired about the darker colors facing streets. Commissioner Williams commented the project is generally good, colors should be specific to designs, site plan is not pre -plotted, variety of amenity options should go to the DRC, Santa Barbara usually does not include stone, front elevations are good overall but side and rear elevations need work, window arrangements needs PC Minutes 4 April 14, 2009 improvement and should be reviewed by DRC, and overall the project is good but should go back to DRC then Planning Commission for fine tuning. Commissioner Mocalis commented he appreciates Commissioner Williams comments, supports wrap around wall elements, and the colors are acceptable. Vice Chair Ratcliffe commented the darker color make rear elevations less conspicuous, more articulation is needed on rear elevations, need more variation and rhythm with colors, should pre -plot color variations with architectural styles, DRC should review again. Vice Chair Ratcliffe suggested the Planning Commission review each element separately. ENTRY STATEMENT Commissioner Williams prefers Alternative 1 (tower) on one side of the street only, likes the use of stone and requested staff to check for sight distance visibility. Commissioner Kerr prefers Alternative 1 on one side of the street only, Commissioner Tatarian prefers Alternative 1 with two towers for consistency. Vice Chair Ratcliffe prefers Alternative 1 on one side of the street only, the wall on the open space corner is acceptable, requested the DRC review the signal box location and screening, requested real doors and windows in the tower, and prefers Live Oak in the area. ENTRY GATES Commissioner Williams requested that materials match with the tower. Commissioner Tatarian concurred with Commissioner Williams. Commissioner Kerr requested restroom facility at the entry gate. Commissioner Mocalis and Vice Chair Ratcliffe supported. FENCE AND WALLS Commissioner Williams prefers slump stone with pilasters and likes the tube iron. Commissioners Kerr, Mocalis and Tatarian concurred with Commissioner Williams. PC Minutes 5 April 14, 2009 Vice Chair Ratcliffe concurred with Commissioner Williams and supported the wilderness wall. GRADING No issues or comments. LANDSCAPED SLOPES AND FUEL MODIFICATION Commissioner Williams commented the landscaping looks great and commented on fuel modification to the rear of homes. Vice Chair Ratcliffe commented the Quercas specifies is rare, Dark Star Ceonothus is not durable, should provide the HOA an OCFA approved palette, concerned with invasive plants, and overall the palette is excellent. Commissioners Kerr, Mocalis and Tatarian supported the plant palette. Motion by Commissioner Williams to continue consideration of the Development Agreement and Tentative Tract Map to the May 12, 2009 Planning Commission meeting, forward the Architectural Control application to the Design Review Committee (DRC) with Planning Commission comments, and bring back the final resolution and plans for Planning Commission approval, seconded by Commissioner Mocalis. The motion to- continue -the -Developr-vent-Agreement-and Tentative -Tract -Map and -refer -the - -- Architectural Control to the DRC passed on a vote of 5-0. H. OLD BUSINESS 1. AMEND PLANNING COMMISSION BY-LAWS: the Planning Commission By Laws were approved on April 25, 1995 and set forth procedures and guidelines for the conduct of Planning Commission meetings and public hearings. The By Laws have not been amended in twelve years, are outdated, the Commission recommended that the document be amended in its entirety, and continued the item to the next regular meeting. (Applicant: City of San Juan Capistrano)(Project Manager: Grant Taylor, Assistant Community Development Director). Staff Presentation and Recommendation Assistant Community Development Director Grant Taylor presented the staff report stating the Planning Commission By Laws were approved April 25, 1995 and set forth procedures and guidelines for the conduct of Planning Commission meetings and public hearings. On March 24, 2009 the Commission considered amending the By Laws to change meeting times but observed the By Laws are outdated, the document should be updated in its entirety, and continued the item to allow staff time to amend the By Laws. Mr. Taylor identified twenty-two (22) proposed amendments and briefly summarized new staff and department titles changes, removing the prohibition of the Chair and Vice Chair serving consecutive terms, Secretary duties, DRC duties, Housing Advisory PC Minutes n April 14, 2009 Committee member, changing meeting start time from 7:00 to 6:30 pm, special meetings, oral communication time limits, typographical and grammatical errors, and future By Law amendments shall be performed by Resolution. Public Comments NONE Planning Commissioner Comments and Questions Commissioner Tatarian inquired if the special meeting provisions are consistent with the Brown Act. Vice Chair Ratcliffe commented she agrees with deleting the provision the Chair and Vice Chair not serve consecutive terms and leave that decision to the Planning Commission members. Commissioner Kerr inquired if the reference to the City Attorney should include and his or her designee, identified a typographical error on Page 10, identified duplicate provisions 9.3 and 9.7 on page 15, and grammar in Section 9.18 on Page 17. City Attorney Sandoval commented no need to add designee to City Attorney, special meetings provisions are consistent with the Brown Act, concurs to delete section 9.3 as a duplicate, and concurs with typographical and grammar corrections. amending the Planning Commission By Laws pursuant to Commission comments, seconded by Commissioner Kerr. The motion to approve passed on a vote of 5-0. I. NEW BUSINESS 1. ARCHITECTURAL CONTROL (AC) 09-002, CHURCH IN SAN JUAN CAPISTRANO MONUMENT SIGN; a request for approval of a monument sign for an existing church complex located at 31731 San Juan Creek Road and generally located on the north side of San Juan Creek Road about 450 feet east of La Novia and more specifically referred to as APN 666-042-13. (Applicant: Gary Martin)(Project Manager: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the applicant proposes to install one freestanding, single -sided monument sign, 4 feet in height by 12 feet in width, with ground lighting, providing Times New Roman font and consisting of an iodized bronze color. The monument sign colors and materials would match the church building. Responding to removal of the pilasters Mr. Kirk recommended continuing the item and bring back a final plan for Consent Calendar at the next meeting. PC Minutes 7 April 14, 2009 Public Comments Gary Martin, 14 Calle Aveluna, San Clemente, CA spoke in support and offered to answer any questions. Mr. Martin was receptive to removing the pilasters. Planning Commissioner Questions and Comments The Planning Commission reviewed and discussed sign issues related to: • Location; • Area; • Illumination; • Colors; • Materials; • Massing. Commissioners Kerr and Mocalis commented the sign is acceptable. Commissioner Williams commented the sign looks great except the pilasters on each side can be removed to reduce massing. Commissioner Tatarian commented he liked the sign but agreed the pilasters are overpowering and should be removed. Vice. Chair Ratcliffe commented she agrees with removing the pilasters but should keep Motion by Commissioner Tatarian to continue the item to the next regular meeting on April 28, 2009, remove the pilasters, and review the final plan on the Consent Calendar, seconded by Commissioner Williams. The motion to continue passed on a vote of 5-0. 2. TREE REMOVAL PERMIT (TRP) 09-021, SAN JUAN MOBILE ESTATES MOBILE HOME PARK; an application to remove nineteen (19) Ficus trees of various sizes. The subject trees are located in San Juan Mobile Home Park, 32302 Alipaz Street, adjacent to Alipaz Street. (APN 121-171-29 and 121-171-30) (Applicant: Ted Roberts)(Project Manager: Nick Taylor, Planning Technican). Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report stating the applicant is requesting approval to remove nineteen (19) Ficus trees from the San Juan Mobile Estates property adjacent to the sidewalk along Alipaz Street. The trees have caused damage to the block wall which has been removed. The applicant proposes to replace the trees 1 to 1 with nineteen "Little Gem" Magnolia trees, 24" box size. Mr. Taylor commented the Sunset Western Garden Book states Little Gem Magnolia trees have shallow roots, high water demand, and low canopies which may be inappropriate for this area. Mr. Taylor suggested the Planning Commission consider using Coast Live Oak, Fruitless Olive, Southern Magnolia or Brisbane Box in a 36" box size. PC Minutes 8 April 14, 2009 Senior Planner David Contreras commented the City has no money budgeted for arborists or tree replacement, on the Arguello Way Tree Removal staff had to prepare a tree report and replanting plan. Public Comments Ted Roberts, 32303 Alipaz Street, is the San Juan Mobile Estates park manager and summarized the ongoing and excessive maintenance demands of the Ficus trees, the damaged caused to the wall, and stated the Mobile Home Park Board voted to remove the trees. Mr. Roberts commented the Little Gem Magnolia is appropriate, requested 24" box size, and there are 19 trees of which none have been removed at this time. Ed Black, Arborist from Black's Tree Care, 12862 Wheeler Place, Tustin, CA spoke in support of removing the Ficus trees, the existing trees are healthy but the roots and canopy would cause ongoing and excessive maintenance requirements. Mr. Black stated the Little Gem roots are not a problem, Live Oaks are too large for the area, the Fruitless Olive is a good tree but has bacteria problems, and the Brisbane Box is a good tree. Mr. Black prefers the Little Gem overall. Planning Commission Questions and Comments The Planning Commission considered tree removal provisions including; • Municipal Code regulations; • Findings; • Replant Plan; • Preserve Trees; • Impact on Area. Commissioner Williams inquired if the trees were on private property, if the applicant was rebuilding the wall prior to tree removal, if root shields could be installed, and if the existing trees are healthy. Mr. Williams commented the trees are beautiful, the tree canopy goes all down Alipaz Street, is concerned with breaking the aesthetic view on Alipaz Street, other properties will want to remove trees, and prefers to save the trees. Commissioner Kerr complimented the applicant for his research, would prefer to save the trees, however a safety issue exists that will keep occurring and the trees should be removed. Ms. Kerr commented the replant plan should be consistent with the area, and suggested the replant plan go to the DRC. Commissioner Mocalis commented he has a problem with the tree removal, the trees are beneficial, suggested a formal arborist report, suggested root pruning rather than removal, and the City Council may want to contribute to maintenance. Mr. Mocalis stated he disagrees with Finding #1 as root pruning can control damage to the sidewalk and wall, and if the trees are retained Finding #4 does not apply. PC Minutes 9 April 14, 2009 Commissioner Tatarian commented he counted sixteen trees, inquired what other park residents wanted, can some of the trees be saved, could only trees causing damaged removed, and commented the trees are beautiful and he prefer to save and maintain. Vice Chair Ratcliffe commented the Little Gem and Southern Magnolia are the same tree, the Ficus trees are beautiful, the trees are causing public safety issues and should be removed, Ficus trees have an aggressive root system and tree trimming would be required several times a year, large replacement trees are not necessary and recommends 24" box size, and Findings 1 and 4 do apply. Motion by Commissioner Kerr to adopt the attached Resolution approving the Tree Removal Permit, seconded by Vice Chair Ratcliffe. The motion to approve failed by a vote of 2-3. Motion by Commissioner Williams to continue the item to the next meeting, seconded by Commissioner Mocalis. The motion to continue failed by a vote of 2-3. A discussion ensued regarding findings to deny the Tree Removal Permit application. City Attorney Omar Sandoval stated pursuant to State Law, when the Planning Commission cannot come to a decision the item shall be referred to the City Council. Assistant Community Development Director Taylor stated the next available City Council-meetingbe-May 5, 2009: - - - - - - - -- - 3. FOLLOW-UP REVIEW: ARCHITECTURAL CONTROL (AC) 08-31, TREE REMOVAL PERMIT (TRP) 08-104, SPAULDING PROPERTIES (SYCAMORE BUSINESS PARK); a request for review of proposed modifications that include the removal of 19 Eucalyptus trees located along the property line between the Sycamore Business Park and City Hall. The project site is located at 32236 & 32244 Paseo Adelanto, generally locatred 1,680 feet south of Del Obispo Street. (APN 668-101- 13)(Applicant: Spaulding Properties) (Proiect Manager: David Contreras, Senior Planner). Staff Presentation and Recommendation Senior Planner David Contreras presented the staff report stating the applicant is requesting a time extension to the Tree Removal Permit approved by the Planning Commission on October 14, 2009 for three months, the project is removal of nineteen Eucalyptus Trees from the Spaulding Property (Sycamore Business Park) and City Hall property line, the trees are located above an existing gas line that is buried 24 to 36 inches below grade, the trees will be cut to grade and covered with soil and mulch, staff recommends that replacement trees not be included and identified a replacement planting plan that is similar to the City hall plan that includes lantana, phormium, agave, and blue fescue grass. Mr. Contreras commented staff has not received any inquiries and there have been a number of large branch breaks. PC Minutes 10 April 14, 2009 Public Comments Matt Spaulding, Via Del Amo Street, San Juan Capistrano, spoke in support of the time extension and replanting plan, concurs with the staff report, there has been no public or tenant opposition to the tree removal, and they would save the 100 -year old tree.. Plannina Commission Questions and Comments Commissioner Tatarian inquired if the public or any of his tenants opposed the tree removal, had staff received any comments, and are there safety concerns. Commissioners Williams, Mocalis and Kerr concurred with staff recommendation. Vice Chair Ratcliffe commented she supports tying the City Hall palette to the Spaulding replant plan, the palette is not native but is drought tolerant, and said the City Hall palette was planted eight months ago and looks great. Motion by Commissioner Kerr to adopt the Resolution extending the time for three months, approving the tree removal, and approving the replant plan, seconded by Commissioner Tatarian. The motion to approve passed on a vote of 5-0. COMMISSION / STAFF COMMENTS Assistant Community Development Director Taylor identified the memorandum summarizing -land—use--reviews--by-the-Rlanning--Commission, DRC and City --Council, --- -- -- thanked Commissioners Williams, Tatarian and Mocalis for attending a General Plan Work Session, and thanked Commissioner Tatarian for providing the General Plan Goals and Policies document. Vice Chair Ratcliffe commented there is a van parked near the Ortega Shell Station with a banner/sign attached. Assistant Community Development Director Taylor stated he would have code enforcement inspect and enforce. Commissioner's Kerr, Williams, Mocalis and Tatarian all passed. ADJOURNMENT Vice Chair Ratcliffe adjourned the meeting at 9:46 p.m. Approved:.' Grant Taylor, Assistant Community Development Director PC Minutes . 11 April 14, 2009