PC Minutes-2009-11-24324009 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92.675
(949) 493-1171
(949) 493-1053 FAx
A. CALL'TO ORDER
November 24, 2009
PLANNING COMMISSION MINUTES
REGULAR MEETING
MEMBERS OF THE CI'T'Y COUNCIL
SAM ALLEVATO
LABRA 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 Ratcliffe,
Commissioner Ginny Kerr, Commissioner Tim Neely, Commissioner Jim Mocalis,
Commissioner Bruce Tatarian, and Commissioner Robert Williams.
COMMISSIONERS ABSENT: None
D. ORAL COMMUNICATIONS
None
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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 NOVEMBER 10 2009. Chair
Cohen announced the item and inquired if the Planning Commissioners had an�h
comments or corrections. Commissioner Williams identified an edit on Page 4, 7
paragraph stating the vote was 5-1 with him voting no, not 6-0. Motion by Commissioner
Kerr to approve the November 10, 2009 Planning Commission Meeting Minutes as
amended, seconded by Commissioner Williams. The motion to approve passed on a vote
of 6-0-1 with Vice Chair Ratcliffe abstaining.
San Japan Capistrano: Preserving the Past to Enhance the Future
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F. CONTINUED PUBLIC HEARINGS
1. CONTINUATION OF GRADING PLAN MODIFICATION GPM 09-007 HJORTH
OLSON RESIDENCE; the applicant has requested a continuance of the 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 date specific to the January 12, 2010
Planning Commission regular meeting for public hearing. (APN 675-041-19)(Applicant: GB
Arch itecture)(Project Manager: Justin Kirk, Associate Planner).
Staff Presentation and Recommendation
None
Public Comments
None
Planning Commissioner Comments and Questions
Chair Cohen confirmed with staff the recommendation to continue to January 12, 2010.
Motion by Commissioner Tatarian to continue the item to the January 12, 2010 Planning
Commission meeting, seconded by Vice Chair Ratcliffe. The motion to continue passed
on a vote of 7-0.
G. NEW PUBLIC HEARINGS
1. GRADING PLAN MODIFICATION GPM 09-003 CORAL FARMS a request to
construct a series of tiered retaining walls, an entry monument, a drive entrance with
decorative pavers, an entry gate, and new landscaping, located at the terminus of Casa
Grande at 31062 Casa Grande. (Tract 9382, Lot 64)(APN 650-190-02)(Applicant: Maurer
Development)(Project Manager: Nick Taylor, Planning Technician).
Chair Cohen and Commissioner Williams recused themselves for residing within five
hundred feet (500°) of the subject property and left the Council Chambers.
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the applicant is
requesting approval to install tiered retaining walls, an entry monument sign, drive
entrance with pavers, entry gate and new landscaping at 31062 Casa Grande in the Agrk
Business zone. The application is only for the entry areas designated on the plans and not
the entire property. The DRC reviewed the proposal on November 5, 2009 and
recommended that the monument sign be reduced in height and width and simplified,
revise the landscaping to eliminate the exotic species and include native plants including
Toyon. The DRC determined the Coral Tree and Queen palms were appropriate. The
revised plans show the applicant has reduced the tiered walls to three feet (3') maximum,
reduced the sign area 55% and incorporated native plantings.
PC Minutes 2 November 24, 2009
Public Comments
Mark Maurer, 14841 Yorba Street, Suite #100, Tustin, CA spoke in support of the project
commenting he had spoken with all five (5) adjacent property owners who voiced their
support and provided an email form the one (1) absentee landlord who also supports the
application. Mr. Maurer requested that Condition #14 be modified to state Best
Management Practices (BMP's) are not permanent and Condition #19 be modified to state
final approval and not certificate of occupancy. Mr. Maurer introduced the project architect
Frank Radmacer.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• Aesthetics
• Area and Massing of Monument Sign;
• Entry Gate;
• Materials and Colors;
• Landscaping.
Commissioner Tatarian inquired about documentation from the neighbors regarding the
project, and commented he supports the project and the proposed changes to the two
conditions are appropriate.
Commissioner Kerr commented she reviewed the project at the DRC, the monument entry
is a big improvement, likes the Coral Tree, and she supports the project.
Commissioner Neely commented he reviewed the project at DRC, regarding Condition #14
the BMP's are subject to NPDES regulations, and he clarified language on Condition #19
to change "certificate of occupancy" to "final approval", and he supports the project.
Commissioner Mocalis commented the project design} is well done and he supports.
Vice Chair Ratcliffe commented the finished project is well done pursuant to DRC direction
and she supports the project.
Motion by Commissioner Kerr to adopt the resolution approving Grading Plan Modification
(GPM) 09-003 as amended for Conditions #14 and #19, seconded by Commissioner
Tatarian. The motion to approve passed on a vote of 5-0-2 with Commissioner Williams
and Chair Cohen recusing themselves.
Chair Cohen and Commissioner Williams returned to the dais.
2. CODE AMENDMENT CA 09-001 LANDSCAPE STANDARDS WATER
EFFICIENT LANDSCAPE); consideration of a proposed code amendment to amend San
Juan Capistrano Municipal Code (SJCMC) Title 9, Section 9-3.527 regulating landscape
standards for compliance with AB 1881 Water Efficient Landscape. (Applicant: City of San
PC Minutes �3 November 24, 2009
Juan Capistrano)(Project Manager: David Contreras, Senior Planner). This item will be
presented to the Utilities Advisory Commission at 8:00 am on November 24, 2009.
Staff Presentation and Recommendation
Senior Planner David Contreras presented the staff report stating Code Amendment 09-01
is in response to AB 1881 which mandates Cities to adopt Water Efficient Landscape
ordinances by January 1, 2010 otherwise the State Model Ordinance would become the
City ordinance by default. The attached draft code amendment has been revised to reflect
Planning Commission comments from their October 27, 2009 meeting. The ordinance has
exempted single family dwellings and has retained the "Water Efficient Landscape
Ordinance Guidelines" as a separate document. The Utilities Advisory Commission
reviewed the ordinance today and unanimously recommended approval subject to two (2)
comments:
1) Why were single-family dwellings removed? and
2) Is language necessary to avoid phasing a project avoid triggering the ordinance?
Mr. Contreras commented the tiered billing system addresses single-family dwellings and
stated the Commission can add language to regulate phasing. Staff intention is to collect
Planning Commission comments and forward both their comments and Utilities
Commission comments to the City Council on December 15, 2009. Mr. Contreras
introduced Water Conservation Coordinator Francie Kennedy.
Mr. Contreras responding to Planning Commissioner comments and questions stated in
Section la keep public and remove private, Section lb leave as is, the tiered water rate
addresses single-family dwellings, the City Attorney reviewed the ordinance and approved
with some revisions, for the "Landscaped Areas" definition can add language to avoid
phasing, Page E-1 Landscape Block refers to future certification language, Page 14
definition (ddd) the last sentence is a little awkward and can be reworded, proposed
artificial turf regulations that are more restrictive than the State model, HOA's need to be
more proactive, yes we can combine Section 4b and 5d, the references to Section X are
placeholders to ensure staff has the correct section number, and Section 3(e)(5) allows
single-family dwellings to use synthetic turf.
Francie Kennedy made a power point presentation and responded to questions on the
power point, summarized City water projects, said orchards generally use less water than
row crops but the property owner can choose not to plant row crops on certain years, there
are two new water wells on Calle Arroyo, Iron and Manganese are the primary water
contaminants, the City's Master Plan does evaluate drainage and recharge basins,
residences use 60% of the City water, and turf should be provided as a useful surface and
not for extreme slopes.
Deputy City Attorney Edward Bertrand commented he had reviewed the ordinance, made
some recommendations, the draft ordinance is at least as restrictive as the State model,
concurs with Commissioner Mocalis on Page 1 of the resolution that language can be
added referring to State Law, and he will review final ordinance wording with staff.
PC Minutes 4 November 24, 2009
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 for San Juan Capistrano.
Vice Chair Ratcliffe inquired about recycled water installations and what percentage of
water is used by residences, and commented economic restrictions are a concern, turf
prohibition on 10% slope is acceptable and could be more restrictive as over 10% slope is
hard to maintain and water.
Commissioner Neely inquired if orchards use less water than row crops and if the City
intends to sponsor or fund landscape replants to drought tolerant palettes, if the City
proposes a master plan to evaluate drainage and potential recharge basins and on Page
E-1 what is the Landscape Block information. Commissioner Neely commented on
Homeowner Association (HOA) slope management, enforcement was answered in staff's
response to Yvonne Tschaikowsky's email, and encouraged staff to review language
changes with the City Attorney.
Commissioner Mocalis inquired if there are contaminants in the water other than
Manganese and Iron, and if the language that was deleted on page two regarding single-
family dwellings still leaves the proposed ordinance at least as effective as the State
model. Commissioner Mocalis commented on the "Landscaped Areas" definition that
language should be added to avoid phasing, and on Page 1 of the resolution language
should be added about State Law AB 1881.
Commissioner Kerr inquired if the ordinance Section 1a addressed common areas within
single-family dwelling subdivisions, and concurred with her colleagues that phasing should
not be allowed to avoid the ordinance, ensure enforcement of the ordinance, and inquired
about costs and time to implement the ordinance.
Commissioner Tatarian inquired about clarifying private areas in the ordinance Section 1c
HOA's, page 14 definition (ddd) clarify Rehabilitated Landscaping, Page 3 (7) how does
the City balance not letting HOA's prohibit artificial turf but ensuring good aesthetics, Page
3 (4) turf not allowed on slopes over 10% where the State standards is slopes over 25%
may be too restrictive, Page 4 (b) and Page 5 (d) can the two sections be combined, Page
7 (D) what is the action required, and what are the Sections X.
Commissioner Williams inquired if the ordinance only applies to common areas used by
single-family dwellings, how will the City implement requirements, and are proposed
provisions all legal and consistent with AB 1881.
PC Minutes November 24, 2009
Chair Cohen inquired about the Diamond Valley reservoir source and are there any new
water wells on Calle Arroyo, commented new communities have replaced agriculture, on
Page 2 (c) Exemptions (8) do we want to include all sports fields, picnic areas, and
requested the item be brought back on consent calendar for information.
Motion Commissioner Neely to recommend the City Council adopt an ordinance approving
Code Amendment 09-01 with Planning Commission comments, seconded by
Commissioner Tatarian. The motion to approve passed on a vote of 7-0.
H. OLD BUSINESS
None
L NEIN BUSINESS
1. SIGN PERMIT (SP) 09-040, WESELOH NISSAN; consideration of approval to
relocate an existing monument sign from the closed Nissan Dealership to the new location
at 33611 Camino Capistrano generally located at the northwest corner of Camino
Capistrano and Stonehill Drive. (APN 121-264-41)(Applicant: Saddleback Signs)(Project
Manager: Nick Taylor, Planning Technician).
Chair Cohen asked the Deputy City Attorney if he needs to recuse himself from the item as
a Nissan dealership in another City is his client. Deputy City Attorney Bertrand said no as
there is no financial conflict with this location.
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the applicant is
requesting approval to relocate an existing monument sign from the closed Nissan
Dealership to the new location at 33611 Camino Capistrano. The sign is 25 feet in height,
60 square feet in area, and constructed on two pylons. Mr. Taylor stated the proposal
satisfied Municipal Code requirements for height and area but does not comply with the
City's Design Guidelines and is not architecturally compatible with the existing buildings.
There are two monument signs existing that have a solid base rather than two separate
pylons. Staff recommends the Planning Commission deny the application and direct the
applicant to either:
1) Change copy only on the existing monument signs which staff can process
administratively, or
2) Coordinate with Weseloh Kia and submit a comprehensive sign program for both
signs that is architecturally integrated with the building architecture.
Mr. Taylor informed the Commission the applicant did not accept staff recommendation,
separate applications were submitted, and the Kia application is still incomplete.
Mr. Taylor responding to Planning Commissioner comments and questions identified the
correct elevation, the DRC would review materials, and the signs are approximately 200
feet apart.
PC Minutes 6 November 24, 2009
Public Comments
Tim Aldrich, 33611 Camino Capistrano, representative for the owners, spoke in support
stating Nissan Corporate mandates sign design and Kia is a separate entity with separate
requirements. Mr. Aldrich responded to Planning Commission inquiries stating the sign is
not reflective, a concrete base would not be acceptable, and he does not know the status
of the Kia application.
Planning Commissioner Comments and Questions
The Planning Commission considered application issues to include but not be limited to:
• Municipal Code Requirements;
• Height and Massing;
• Aesthetics;
• Materials and Colors;
• Design Guidelines.
Commissioner Williams requested clarification of the correct elevation, supports staff's
second recommendation for a sign program, commented the City denied the Verizon logo
which was inappropriate and this proposal is not consistent with the Design Guidelines.
Commissioner Kerr commented the sign looks metallic and may reflect the sun which
could be a traffic hazard, the sign looks slick, modern and contemporary and the design
does not fit the building or surroundings, and she supports staff recommendations.
Vice Chair Ratcliffe expressed concern with the materials, and supports staff
recommendations of either a copy change of existing signs or a sign program,
Commissioner Tatarian commented aesthetics are the key, and he supports staff
recommendations.
Commissioner Neely commented he is sympathetic to the car dealers in these bad
economic times, it may be a dangerous precedent to allow corporate designs, the signs
need to fit in architecturally with the buildings, he does not support the applicant's request,
a compromise can be reached to provide adequate signage for each dealer and be
aesthetically attractive, he does not want to hold up the applicant, and the appliccant can
appeal the Planning Commission decision to the City Council.
Commissioner Mocalis concurred with Commissioner Neely's comments, stated the City
opposed McDonald's golden arches, the City is better served if the existing signage is
used with a change of copy.
Chair Cohen inquired about the distance between the existing signs, and doesn't the
proposal have the Nissan sign in front of Kia and vice versa, commented manufacturers
often have industry image standards, and he prefers a concrete base.
PC Minutes November 24, 2009
Motion by Commissioner Williams to deny the application and require the applicant to
submit a comprehensive sign program application with Kia for both signs that is consistent
with building architecture and the City's adopted Design Guidelines, seconded by
Commissioner Tatarian. The motion to deny and submit a comprehensive sign program
with Kia passed on a vote of 6-1 with Chair Cohen voting no.
J. COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor provided a memo to the Planning
Commission dated November 24, 2009 summarizing upcoming zoning and planning
applications to the Development Advisory Board, Design Review Committee (DRC),
Planning Commission, and City Council, Mr. Taylor stated the CLC Orchards project was
reviewed by the Development Advisory Board (DAB) November 19, 2009 and staff intends
to schedule a joint Planning Commission and Design Review Committee (DRC) meeting
and advised the Commissioners to consider if a regular Planning Commission (Tuesday)
or DRC (Thursday) date would be preferred. Mr. Taylor also invited two Commissioners to
the In -N -Out Burger DAB review on December 16, 2009 and stated St. Margaret's
Episcopal School had tentatively concurred on a Development Agreement with the City
and the City Council would consider December 1, 2009 and Planning Commission would
consider at a continued public hearing on December 8, 2009. Mr. Taylor advised the
Planning Commission the theater project was moving slowly but the outside stairs have
been completed and the owner/developer is currently performing interior tenant
improvements,
Senior Planner David Contreras stated the Union Bank landscaping and hardscape
improvements proposal consistent with the City's CIP 111 project would be reviewed by
the DRC on December 3, 2009.
Commissioner Mocalis stated he would be out of town for the January 12, 2009 Planning
Commission meeting.
Commissioner Williams inquired on the status of the Regency Theater.
Chair Cohen wished his colleagues and staff a Happy Thanksgiving.
K. ADJOURNMENT
Chair Cohen adjourned the meeting at 8:40 p.m.
Approved;
Grant Taylor, m...
Assistant Community Development Director
PC Minutes 8 November 24, 2009