PC Minutes-2009-10-2732400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
A. CALL TO ORDER
October 27, 2009
PLANNING COMMISSION MINUTES
REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
THOMAS W. HRIBAR
MARK NIELSEN
DR. LONDRES USO
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 Tim Neely, Commissioner Jim
Mocalis, Commissioner Bruce Tatarian, and Commissioner Robert Williams.
COMMISSIONERS ABSENT: None
Assistant Community Development Director Taylor introduced Edward Bertrand from
the law firm of Woodruff, Spradlin and Smart who has been working with San Juan
Capistrano and other cities ordinances for AB 1881.
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.
1. APPROVAL OF REGULAR MEETING MINUTES OF OCTOBER 13 2009.
Chair Cohen announced the item and inquired if the Planning Commission had any
San Juan Capistrano: Preserving the Past to,Enhance the Future
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comments or corrections. Commissioner Kerr recommended adding language
regarding "concern with a cell structures impact on San Juan Capistrano historic
structures" on Page 4, 1St paragraph. Commissioner Tatarian requested a I" be added
in front of 77,000 on page 6, 3rd paragraph. Motion by Commissioner Kerr to approve
the October 13, 2009 Planning Commission Meeting Minutes as amended, seconded by
Commissioner Tatarian. The motion to approve passed on a vote of 7-0.
F. CONTINUED PUBLIC HEARINGS
G. NEW PUBLIC HEARINGS
H. OLD BUSINESS
1. ARCHITECTURAL CONTROL (AC) 09-018; consideration of a sign program
modification for the existing Chase Bank building located at 31972 Camino Capistrano
(APN 668-242-14), generally located on the northeast corner of Camino Capistrano and
Del Obispo Street. (Applicant: Tony Kelly, AKC Services)(Project Manager: Nick Taylor,
Planning Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating Chase Bank is
requesting approval of a sign program modification to replace the former Washington
Mutual Bank signage to include:
Three (3) building mounted, aluminum channel letter signs;
Two (2) aluminum channel letter signs on existing free-standing monument signs;
Other non-commercial and directional signage.
The DRC reviewed the application on August 6, and September 17, 2009 and provided
direction. The applicant has complied with all DRC directions except they request
approval of 12 inch (12") letter height for the monument sign in lieu of the DRC
requested 6.5 inches consistent with the existing banner. Staff recommends eight inch
(8") letter height.
Planning Technician Nick Taylor responding to Planning Commission comments and
questions stated the applicant claims the Washington Mutual letter height on the
monument sign was eleven inches (11 ") but staff has not measured.
Public Comments
Chris Bolster, AKC Services, representing Chase Bank spoke in support stating the 6.5
inch letter height on the monument sign is not visible from the street, the proposed 12
inches is consistent with other signs in the area and the former Washington Mutual sign.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
PC Minutes 2 October 27, 2009
• Aesthetics including materials and colors;
• Standards including area, height, and width;
• Municipal Code Requirements;
• Architectural Design Guidelines.
Commissioner Williams inquired about the original Washington Mutual monument sign
letter height, the wood signs in the parking lot match the rest of the center signs, and
the 12 inch letters on the monument sign is acceptable as 8 inches may be too small.
Commissioner Kerr commented the 12" letter height is acceptable and she supports the
sign program.
Vice Chair Ratcliffe concurred with Commissioners Williams and Kerr that the 12" letter
height is acceptable and she supports the sign program.
Commissioner . Mocalis concurred with his fellow Commissioners, DRC
recommendations, and he supports the sign program.
Commissioner Neely commented that 10" letter height would be sufficient but can
support 12" and he supports the sign program.
Commissioner Tatarian concurred with his colleagues and supports the sign program.
Chair Cohen also concurred that 12" letter height is acceptable.
Motion by Commissioner Williams to adopt the attached resolution approving
Architectural Control (AC) 09-018, Chase Bank Sign Program, and allowing twelve inch
(12") letter height for the monument sign, seconded by Commissioner Kerr. The motion
to approve passed on a vote of 7-0.
I. NEW BUSINESS
1. WORK SESSION — CODE AMENDMENT (CA) 09-0.1, LANDSCAPE
STANDARDS (WATER EFFICIENT LANDSCAPE); Consideration of a proposed code
amendment to amend SJCMC Title 9, Section 9-3.527 regulating landscape standards
for compliance with AB 1881 Water Efficient Landscape. (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 Assembly Bill AB
1881 is a result of the Water Conservation Landscape Act of 2006 that mandates
municipalities to adopt a Water Efficient Landscape Ordinance by January 1, 2010
otherwise the State model becomes the local code by default. Staff has added
provisions to the State ordinance specific to San Juan Capistrano and page. two
identifies recommendations that are more restrictive and less restrictive. Staff proposes
PC Minutes 3 October 27, 2009
a work session tonight to discuss and identify issues, prepared an updated ordinance,
then schedule a public hearing for November 24, 2009.
Senior Planner Contreras responding to Planning Commission comments and questions
stated the ordinance does apply to existing development, no cost benefit analysis has
been performed, can amend the single-family dwelling provision to be exempt, the
ordinance is directed more toward commercial uses, AB 1881 does not address
restricting turf to edge of pavement, tree removals are not in the State ordinance, San
Juan Capistrano historically addresses water conservation, and staff will schedule a
public hearing for November 24, 2009.
Attorney Edward Bertrand commented that in order to deviate from the State model
findings would have to be identified in the City ordinance that make the overall
ordinance at least as effective as the State Model Ordinance. The League of California
Cities prepared a model ordinance that the County of Orange has adopted.
Attorney Edward Bertrand responding to Planning Commission stated AB 1881 requires
Cities to report the status of the ordinance by January 31, 2010, the AB 1881 provisions
can be processed concurrently with discretionary permits, landscaping areas under
5,000 square feet are exempt, the City can make single-family dwellings exempt, the
city can make provisions less restrictive than the State model provided the overall City
ordinance is at least as restrictive as the State model, the State model does not have
tiered water use, cemeteries are not exempt in the State model, a soils management
report is not required by the State model, overall the City ordinance achieves the State
goals of AB 1881, the ordinance must identify a minimum water reduction of 30%, the
State model provides exemptions to athletic fields, golf courses, etc., the State model
does require landscape plans for single-family residences with more than 5,000 square
feet or landscaping, and commented the City could present a brief ordinance and
include a Guidelines section as an alternative.
Assistant Community Development Director Taylor responding to Planning Commission
comments and questions stated staff wanted a work session first to flush out issues and
concerns, allow staff to draft a clean ordinance for consideration at a public hearing on
November 24, 2009, and forward to City Council for consideration in December. Mr.
Taylor stated the Commission could hold another work session or extra meeting but the
City would not meet the January 1, 2010 deadline and the State model would be
effective by default.
Public Comments
None
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• AB 1881 State Mandate;
• Existing Municipal Code Requirements;
• Standards appropriate to San Juan Capistrano.
PC Minutes 4 October 27, 2009
Commissioner Tatarian inquired about process and procedures that comply with AB
1881 verses City benefits, has a cost -benefit analysis been performed, does the
ordinance apply to current development, inquired about time frame to process
applications, commented on Page 8 of the draft ordinance regarding Certificate of
Completion subsections A through G, why does San Juan Capistrano need to be more
restrictive than the State model, concerned with the 5,000 square foot threshold for
single-family dwellings, and commented that economics will prevail and residents will
find a way to comply and save money.
Commissioner Neely inquired if the State model has been customized to San Juan
Capistrano, is the ordinance subject to State or Regional Water Quality Control Board
review, concerned with the 5,000 square foot landscape threshold that would force
single-family dwellings to comply with the ordinance, landscape hardscape is included
in the area calculations, commented on exemptions on Page 2 of the ordinance, would
a project with a discretionary application make the ordinance standards exempt,
commented he applauds staff and the intent of the ordinance but need to clarify the
5,000 square foot threshold, inquired at the top of Page 4 if the weed removal provision
is part of the State ordinance, can the City provide provisions that are less strict than the
State if the overall ordinance is just as effective, inquired if the tree removals are part of
the State Ordinance, concerned with the 50% canopy coverage for shade that could be
overkill except for new projects, does not prefer guidelines and recommends that all
standards be included in the ordinance, and supports exempting single-family dwellings.
Commissioner Mocalis concurs with comments by Commissioner Neely regarding the
5,000 square foot threshold for single-family dwellings, does not want to create a
burden for homeowners, he spent 12 years on a water board, recommends including
single-family dwellings as exempt on Page 2 of the ordinance, what is the method to
compute the 5,000 square foot, and maybe a punitive tiered level system would work.
Vice Chair Ratcliffe inquired if AB 1881 restricts turf to edge of pavement or synthetic
turf, commented HOA's cannot mandate grass but can prohibit turf, shade canopy
provision is good for new development but may not be practical for existing, parking lot
trees are often butchered and severe tree trimming should be enforced, the goal to
provide more canopy is good but may be difficult to measure, also concerned about the
5,000 square foot threshold for single-family residences,
Commissioner Kerr commented on the more restrictive verses less restrictive provisions
of the customized City ordinance that are identified on Page 2 of the staff report, the
City ordinance must be at least as restrictive as the State ordinance overall, inquired
about the 70% conservation standard in the ordinance, inquired about a comprehensive
recycled water plan in the City, is a water master plan is identified in the ordinance, and
recommends new and existing single-family dwellings be exempt.
Commissioner Williams requested all single-family dwellings be exempt as many homes
have over 5,000 square feet landscape area, inquired about recycled water use on City
PC Minutes 5 October 27, 2009
CIP projects, and commented if the City does not adopt specific standards we will be
forced to default to the State model.
Chair Cohen concurred with his colleagues that new and existing single-family dwellings
should be exempt, commented on parking lot shading requirements on Page 4 stating
that is more of a design guideline and inquired if such provisions are in the existing
Municipal Code, recommended the tree removal section include removal of
inappropriate trees, and inquired about the time frame for Commission review.
Motion by Commissioner Neely to continue Code Amendment (CA) 09-01 to November
24, 2009 at a public hearing, seconded by Commissioner Tatarian. The motion to
continue to November 24, 2009 and schedule a public hearing passed on a vote of 7-0.
J. COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor provided a memo to the Planning
Commission dated October 27, 2009 summarizing upcoming zoning and planning
applications to the Design Review Committee (DRC), Planning Commission, and City
Council. Mr. Taylor provided a verbal update of project applications in the entitlement
process. Mr. Taylor asked the Commissioners to consider holiday meetings and stated
traditionally the Planning Commission conducts the second November meeting and
cancels the second December meeting.
Commissioner Williams inquired about the monument sign recently installed at Plaza
Del Obispo stating he thought the Planning Commission had required an arched top of
the sign which is currently flat.
Vice Chair Ratcliffe commented about a cellular facility decision in Palos Verdes.
Commissioner Mocalis commented he visited the City property where the proposed faux
eucalyptus tree cellular facility is proposed and stated the proposed pole and equipment
shelter areas are.visible from the street.
K. ADJOURNMENT
Chair Cohen adjourned the meeting at 7:50 p.m.
Approved: i s to
Grant Taylor, ACKistant Community Development Director
PC Minutes 6 October 27, 2009