PC Minutes-2009-11-1032400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
A. CALL TO ORDER
November 10, 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, Commissioner
Ginny Kerr, Commissioner Tim Neely, Commissioner Jim Mocalis, Commissioner Bruce
Tatarian, and Commissioner Robert Williams.
COMMISSIONERS ABSENT: Vice Chair Gene Ratcliffe
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 27 2009.
Chair Cohen announced the item and inquired if the Planning Commission had any
comments or corrections. Motion by Commissioner Mocalis to approve the October 27,
2009 Planning Commission Meeting Minutes, seconded by Commissioner Tatarian.
The motion to approve passed on a vote of 5-0.
Commissioner Neely arrived shortly after the vote.
San Juan Capistrano: Preserving the Past to Enhance the Future
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F. CONTINUED PUBLIC HEARINGS
1. CONTINUED CONSIDERATION OF GENERAL PLAN AMENDMENT (GPA) 06-
03, REZONE (RZ) 06-06, ARCHITECTURAL CONTROL (AC) 07-22, ST.
MARGARET'S EPISCOPAL SCHOOL MASTER PLAN; a request for approval of
development plans to expand an existing K-12 private school campus by 69,977
gross square feet (GSF) from 157,731 to 227,708 GSF and to expand the
campus acreage from 17.48 to 26.64 acres located at 31641 La Novia Avenue,
and generally located along the west side of La Novia Avenue between Calle
Arroyo and Rancho Viejo Road and the north side of Calle Arroyo between La
Novia Avenue and Rancho Viejo Road. The master plan also includes a parcel
of the southeast corner of Calle Arroyo and La Novia Avenue, and the Ortega
Equestrian Center property. (APN: 666-272-05 thru 08; 666-251-01 thru 05; 666-
261-1 thru 3 & 9 thru 11; 666232-04; 666-123-01, 02)(Applicant: St. Margaret's
Episcopal School, David Bush, Director of Finance & Operations)(Case Planner:
William Ramsey, AICP, Principal Planner).
Staff Presentation and Recommendation
None
Public Comments
None
Planning Commissioner Comments and Questions
Chair Cohen announced the item stating staff recommends the item be continued to the
regular meeting of December 8, 2009. Motion by Commissioner Tatarian to continue
the item to December 8, 2009, seconded by Commissioner Williams. The motion to
continue passed on a vote of 5-0-1 with Commissioner Kerr recusing herself.
G. NEW PUBLIC HEARINGS
CONTINUATION OF GRADING PLAN MODIFICATION (GPM) 09-007, HJORTH
OLSON RESIDENCE; the applicant has requested a continuance of the
scheduled public hearing due to design alterations and the inability to have the
engineered plans prepared in advance of the public hearing as required by the
Design Review Committee (DRC). Staff would therefore recommend that the
project be continued to the November 24, 2009 Planning Commission regular
meeting for public hearing consideration. (APN 675-041-19)(Applicant: GB
Arch itectu re)(Project Manager: Justin Kirk).
Staff Presentation and Recommendation
Assistant Community Development Director Taylor stated the applicant has requested
the continuance to complete design alterations and recommended continuance to
November 24, 2009.
PC Minutes 2 October 27, 2009
Public Comments
None
Planning Commissioner Comments and Questions
Motion by Commissioner Williams to continue the item to the November 24, 2009
Planning Commission meeting, seconded by Commissioner Tatarian. The motion to
continue passed on a vote of 6-0.
H. OLD BUSINESS
1. SIGN PERMIT (SP) 09-028 CHEVRON; consideration of a new monument sign
located at 26988 Ortega Highway (APN 668-241-03), generally located on the
southeast corner of Del Obispo Street and Ortega Highway. (Applicant: Mike
Sentel1)(Project Manager: Nick Taylor, Planning Technician).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the applicant is
requesting approval to install a monument sign 4'-5" in height with a concrete block
base that would match the existing sign design on the corner of Del Obispo Street and
Ortega Highway. The proposed sign is two-sided with no illumination and would replace
an existing illegal pylon sign. The applicant has complied with directions from the DRC.
Nick Taylor responding to Planning Commission questions and comments stated staff
can amend the condition of approval to remove the illegal sign immediately, the base is
slump stone gray, the proposed sign is not illuminated, and the DRC supported the
second sign.
Deputy City Attorney Diego Santana responding to Planning Commission questions and
comments concurred with Chair Cohen and Commissioner Kerr stating the Business
and Professions code allows the City to prohibit signs on streets designated as scenic
corridors on the General Plan which Del Obispo Street is, State Weights and Measures
only requires price signs that are visible from all streets, and does not require that a sign
be placed on each street.
Public Comments
Jim Forgey, JAF Development spoke in favor of the application on behalf of the
applicant Mike Sentell stating the sign is required by the State Weights and Measures
and the industry standard is to have pricing signs on both streets.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• Aesthetics
• Materials and Colors;
• Development Standards including area, height, and width;
• Location;
• Architectural Design Guidelines.
PC Minutes 3 October 27, 2009
Commissioner Williams inquired if the sign base is brick or slump stone and if the
existing sign at the corner is set at a 45 degree angle,_ confirmed the proposed sign
would not be illuminated, and commented he prefers one sign at the corner with a 45
degree angle and he does not support the proposed second sign.
Commissioner Kerr stated there is a discrepancy between the applicant stating the
second sign Is required by State Weights and Measures and the City Attorney
determination that the second sign is not required by State Law, and commented she is
glad the City has the authority to deny signs in scenic corridors, Del Obispo does not
look scenic with the proliferation of fast food restaurants, the proposed sign has been
reduced consistent with DRC direction, and the proposed sign is better than the existing
illegal sign.
Commissioner Tatarian commented on the discrepancy if the second sign is required by
State Law and is the sign necessary since it will not be illuminated.
Commissioner Neely commented he is not a fan of undue signage, signs near the
freeway are undesirable, the intersection is not 90 degree so a 45 degree sign would
not be visible, the size and scale of the proposed sign is acceptable and consistent with
DRC direction, the City has allowed signs on both street frontages for other gas
stations, if the 1-5 and Ortega Highway interchange project is constructed by Caltrans
the gas station will be removed, and recommended the condition to remove the illegal
sign within 60 days be amended to remove the illegal sign immediately.
Commissioner Mocalis commented the traffic at the intersection is very bad which
obscures the sign at the corner and he supports the proposed sign.
Chair Cohen clarified the location of the proposed sign as not being on the corner but
down Del Obispo Street, commented on the memo from the Deputy City Attorney citing
the Business and Professions Code that only one sign is required, stated his colleagues
have made good comments, the City has authorized two signs for other Chevron
station, Del Obispo Street is not scenic, the illegal sign should be removed immediately,
and he reluctantly supports the second sign.
Motion by Commissioner Neely to adopt the attached resolution approving Sign Permit
(SP) 09-028, Chevron Monument Sign subject to amending the condition by requiring
the applicant to immediately remove the illegal sign, seconded by Commissioner
Mocalis. The motion to approve passed on a vote of 5-1 with Commissioner Williams
voting no.
1. NEW BUSINESS
None
PC Minutes 4 October 27, 2009
J. COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor provided a memo to the Planning
Commission dated November 10, 2009 summarizing upcoming zoning and planning
applications to the Design Review Committee (DRC), Planning Commission, and City
Council. Mr. Taylor stated Union Bank has agreed to partner with the City on Capital
Improvement Project (CIP) 111 by providing landscaping, hard scape other
improvements at the corner of Camino Capistrano and Del Obispo Street consistent
with the City CIP 111. The Union Bank proposal would be reviewed by the DRC prior to
approval. Mr. Taylor confirmed with the Commissioners that the December 22, 2009
Planning Commission meeting would be cancelled due to Christmas. Mr. Taylor
responding to Commissioner Neely stated pursuant to Planning Commission direction
the T -Mobile applicant has been advised to provide close-up photos of the proposed
faux eucalyptus tree, view simulations, materials and color samples, and provide a
second option of a structure.
Commissioner Neely inquired about the status of the T -Mobile cellular application on
City owned property on Camino Capistrano next to the Christmas tree farm.
Commissioner Williams stated he would need to recuse himself from the Coral Farms
Grading item next meeting.
Chair Cohen stated he would also need to recuse himself from the Coral Farms Grading
item next meeting.
K. ADJOURNMENT
Chair Cohen adjourned the meeting at 7:02 p.m.
Approved:
Assistant Community Development Director
PC Minutes 5 October 27, 2009