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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 �, Printed on 100% recycled paper 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