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PC Minutes-2009-09-2232400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER U'' MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE ESTAOWNETHOMAS W. HRIBAR 1776 MARK NIELSEN ® DR. LONDRES USO September 22, 2009 PLANNING COMMISSION MINUTES REGULAR MEETING Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 6:30 p.m. B. PLEDGE OF ALLEGIANCE Chair Cohen led the flag salute. C. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, Commissioner Ginny Kerr, Commissioner Jim Mocalis, Commissioner Bruce Tatarian, and Commissioner Robert Williams. COMMISSIONERS ABSENT: Commissioner Tim Neely. D. ORAL COMMUNICATIONS None 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. I►[Qi•I F. CONTINUED PUBLIC HEARINGS NONE San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100 % recycled paper G. NEW PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT (CUP) 08-007, COMMUNITY CENTER WIRELESS PROJECT — AT&T (NEW CINGULAR WIRELESS PCS, LLCM a request for approval of site and architectural plans to develop a wireless telecommunications facility at the San Juan Sports Park, generally located 430 feet north of Camino Del Avion. (APN 121-190-57)(Applicant: AT&T Mobility, Tim Miller)(Project Manager: David Contreras, Senior Planner). Staff Presentation and Recommendation Senior Planner David Contreras presented the staff report stating the applicant is requesting approval to install a wireless facility designed into an existing light pole located in the City's San Juan Sports Park. The project is to install six (6) panel antennas located inside an 83'-3" tall light pole, which will also provide athletic field lighting. The light pole will replace an existing light pole. Also proposed is the construction of one (1) 11'-6" X 20' antenna equipment shelter and one (1) storage shed with the same dimensions as the equipment shelter. Last night on September 21, 2009 the Parks, Recreation & Equestrian Commission reviewed and supported the application. Mr. Contreras commented the project began in 2005 and is consistent with the City's Design Guidelines and Municipal code and staff recommends approval. Responding to Planning Commission comments and questions Mr. Contreras stated the boiler plate condition regarding technology and Planning Commission future consideration is not in the resolution but will be added, the aerial photos are not completely accurate but the plans are, and the access road and turn around area are a minimum 20 feet in width for OCFA approval. Karen Crocker, Community Services Director spoke in support of the project stating the City Council supports the project and upon approval of the CUP the project will be forwarded to the Council for approval of a lease agreement. Responding to Planning Commission comments and questions Ms. Crocker said the construction schedule is to start in November and complete by the first of February, the view from the street would be screened, and the structures would have vines on the walls. Public Comments Tim Miller, 5912 Bolsa Avenue, #202, Huntington Beach, CA spoke in support and responding to Planning Commission comments and questions clarified the aerial photos, said the storage shed will not generate noise, the condensers on the rear of the shelter building have mufflers and noise will be minimal, and he has read and concurs with the conditions of approval. In rebuttal to public comments Mr. Miller stated the coverage reception is not fully adequate resulting in dropped calls, other service areas can utilize the facility during peak hours, and there are minimal electrical emissions. PC Minutes 2 September 22, 2009 Ates Baydu, 32782 Park Place Lane, San Juan Capistrano, CA spoke in opposition stating the cellular reception in the area is already adequate, the facility may create harmful electro -magnetic waves, and does not see the need for the facility. Planninq Commissioner Comments and Questions The Planning Commission considered application issues to include but not be limited to: • Aesthetics; • Reception radius; • Potential Impacts; • Code Requirements. Vice Chair Ratcliffe commented the aerial photo view is different than the plans, and inquired about the size of the access road and turn around area, Commissioner Tatarian inquired if equipment in the shelter or storage shed would generate noise, and if the view from the street is screened by the bushes. Commissioner Mocalis commented he supports the project. Commissioner Kerr commented she likes that the antennas are inside the light pole and she supports the project. , Commissioner Williams commented he supports the project. Chair Cohen inquired if the boiler plate condition stating that with cellular technology improvements the item can be brought back to the Planning Commission, asked the applicant if he has read the resolution and conditions of approval, and stated he supports the project. Motion by Vice Chair Ratcliffe to adopt the attached Resolution approving Conditional Use Permit (CUP) 08-007, seconded by Commissioner Kerr. The motion to approve passed on a vote of 6-0. H. OLD BUSINESS I. NEW BUSINESS 1. SIGN PERMIT (SP) 09-028, CHEVRON; consideration of approval of a new monument sign located at 26988 Ortega Highway, generally located on the southeast corner of Del Obispo Street and Ortega Highway. (APN 668-241-03)(Applicant: Mike Sentell)(Project Manager: Nick Taylor, Planning Technician). PC Minutes 3 September 22, 2009 Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report stating the applicant is requesting approval of a monument sign to replace the existing illegal monument sign on Del Obispo Street and the new sign would have a concrete block base, an overall height of 4'-11 ", and the sign is inconsistent with direction given by the DRC as follows: • Sign base is taller than DRC recommended 18 inches; • Metal framed sign is thinner than DRC recommendation; • No landscaping identified as requested by DRC; • DRC requested one more review prior to Planning Commission consideration. Nick Taylor further stated the applicant has disagreed with DRC recommendations and requested the item go straight to the Planning Commission for a decision. The applicant was advised that staff can forward the application straight to the Planning Commission with a recommendation of denial. Planning Technician Nick Taylor responding to Planning Commission comments and questions stated Mr. Forgey was not present at the DRC meeting, the property owner and business owner were present and requested the item go straight to the Planning Commission and a decision be rendered tonight, the sign on the corner is ground lit and does not have a metal frame, Assistant Community Development Director Taylor responding to Planning Commission comments and questions stated he has read the Weights and Measures code which states price signs "shall be visible from all streets" it does not say a sign is required on all streets. Mr. Taylor thinks a sign on the corner in a diagonal position is sufficient. Mr. Taylor said the business owner has been cited for the illegal sign, staff can pursue immediate removal, but City policy has been to grant time if the applicant is proceeding with compliance. Public Comments Jim Forgey, P.O. Box 3835, San Dimas, CA, a consultant with JAF Development spoke on behalf of the property owner and applicant stating this gas station is an independent retailer. Mr. Forgey stated he has spoken with his client about the DRC comments and they concur with the 18" to 2' base, the sign height would be reduced to 4'-5" can increase sign thickness 6 inches, and they are agreeable to native planting. Mr. Forgey responding to Planning Commission comments and questions stated he was not present at the DRC meeting, the Del Obispo Street sign is not illuminated, they would prefer the sign be illuminated, State Weights and Measures requires the Del Obispo Street sign in addition to the sign on the corner, the sign on the corner is not visible to Del Obispo Street, the gas station will only be there another 3 or 4 years with the Caltrans Ortega widening project, and concurred with the Planning Commission that he would go back to DRC rather than have a decision of denial. PC Minutes 4 September 22, 2009 Planning Commissioner Comments and Questions The Planning Commission considered application issues to include but not be limited to: • State Law Weights and Measures • Sign Area, Dimensions and Location; • Materials and Colors; • Landscaping; • Aesthetics; • Code Requirements. Commissioner Tatarian stated a diagonal sign on the corner of Ortega Highway and Del Obispo should suffice and this sign is not necessary, inquired if the proposed sign on Del Obispo Street is driven by economics or State Weights and Measures, and concurred with his colleagues that the DRC should review a revised sign. Vice Chair Ratcliffe inquired if this sign is shorter than the illegal sign, commented the City has sign clutter and the second sign is not necessary, and the DRC should review a revised sign. Commissioner Williams commented on the sign width and sign base, inquired if the sign would be illuminated, is the sign on the corner illuminated, and asked the client if he preferred the second sign be illuminated. Commissioner Williams commented he is concerned with the sign design, the planter area is minimal and the sign looks jammed in, other gas stations have only one sign on the corner, and a revised sign should go back to the DRC. Commissioner Mocalis stated the DRC did a good job reviewing the sign, concurs with their recommendations, and a revised sign should go back to the DRC. Commissioner Kerr commented revised sign plans should be returned to the DRC. Chair Cohen clarified the location of the sign on Del Obispo Street, inquired when the illegal sign would be removed, asked the applicant why he did not address the DRC concerns, inquired who was present at the DRC meeting, is street lighting sufficient or does the sign need to be illuminated, and does the sign on the corner have a metal name. Chair Bonen stated ne has design issues, tnere is sign clutter on uei Obispo Street, a revised sign plan should go back to the DRC, and told the applicant if he wants a decision tonight its going to be denial. Chair Cohen asked staff about the State Weights and Measures statute. Motion by Commissioner Mocalis to refer the application back to the Design Review Committee (DRC), seconded by Commissioner Tatarian. The motion to refer the application back to the DRC passed on a vote of 6-0. PC Minutes 5 September 22, 2009 J. COMMISSION / STAFF COMMENTS Assistant Community Development Director Taylor provided a verbal report of upcoming zoning and planning applications to the Design Review Committee (DRC), Planning Commission and City Council Chair Cohen inquired about the renovation of the Ruby's Restaurant on Camino Capistrano including new stairs and patio cover, and if the Planning Commission had reviewed the project. Assistant Community Development Director Taylor apologized for not following up on this request from the last meeting and said he would research, and email the status to the Planning Commissioners. K. ADJOURNMENT Chair Cohen adjourned the meeting at 7:22 p.m. Approved: Grant Taylor, distant Community Development Director PC Minutes 6 September 22, 2009