Loading...
PC Minutes-2008-07-0832400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAx www.sanjuancapistrano.org CALL TO ORDER jj MEMBERS OF THE CITY COUNCIL L'_ SAMALLEVATO THOMAS W. HRIBAR 1961 MARK NIELSEN JOE SOTO 0. ® DR. LONDRES USO July 8, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING Chair Cohen called the regular meeting of the San . Juan Capistrano Planning Commission to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Chair Cohen led the flag salute. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, Commissioner Robert Cardoza, and Commission Ginny Kerr. COMMISSIONERS ABSENT: Tim Neely ORAL COMMUNICATIONS Marcia Pontoni, city resident of the Captain's Hill subdivision requested Planning Commission assistance in approving her application for a 216 square foot room addition. Ms. Pontoni stated the City would not issue a permit because the zoning of her property had been changed. Assistant Community Development Director Taylor explained in November 2002 during a city-wide zoning map update the Captain's Hill subdivision had been changed from PRD (Planned Residential Development) to RM (Residential Multiple). In addition, the PRD zoning district had been deleted from the Municipal Code. Mr. Taylor stated staff has determined the zone change for Captain's hill was in error as it made the subdivision nonconforming pertaining to lot coverage and setbacks which prohibits additions. Staff is undergoing a two phased process to 1) place the PRD zone back in the Municipal Code; and 2) change Captains Hill zoning from RM back to PRD. Mr. Taylor stated Ms. Pontoni can apply for a variance if she wishes to expedite the process but would be required to provide plans and pay the developer deposit fee. San Juan Capistrano: Preserving the Past to Enhance the Future $�� Printed on 100% recycled paper Commissioner Cardoza stated the City Council has the authority to waive variance fees. Chair Cohen inquired if other subdivisions have been impacted. Mr. Taylor said yes, a total of four subdivisions. The Planning Commission encouraged staff to assist Ms. Pontoni and expedite the code amendment and zone change. 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. Chair Cohen removed the items from the Consent Calendar for separate consideration. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF MAY 27 2008. Commissioner Kerr inquired about the number of students in the Pilates class from Item 4, Page 8. Mr. Taylor stated he was unsure, would check his notes, and requested continuance of the item to the next meeting. The Planning Commission moved by consensus to continue the item to July 22, 2008. The motion passed by a vote of 4-0. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF JUNE 10 2008. Commissioner Cardoza inquired about comments made by Commissioner Neely on Item #2 (Villa Montana) Page 6 and requested striking the sentence. Motion by Vice Chair Ratcliffe, seconded by Commissioner Cardoza to adopt the minutes as amended. The motion passed by a vote of 4-0. CONTINUED PUBLIC HEARINGS 10[Q01� NEW PUBLIC HEARINGS ► m NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 08-036 SAN JUAN MOBILE ESTATES. An application to remove one (1) multi -trunk eucalyptus tree with a diameter of 38 inches. The subject tree is located in San Juan Mobile Estates Mobile Home Park, 32302 Alipaz Street, Space #182 (APN 121-171-29). PC Minutes 2 July 8, 2008 Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report and recommended that the Planning Commission adopt a resolution approving removal of the tree with a condition that a California native replacement tree be planted on-site. Mr. Taylor stated this same application had been denied by the Planning Commission in 2005. Public Comments Matt Gafney, 32302 Alipaz Street, Space #182 spoke in support of the tree removal stating his 87 year old mother had tripped and nearly fallen because of damage caused by the tree roots. Commissioner Questions and Comments Commissioner Cardoza inquired if there was damage to the concrete and if more damage has occurred since 2005. Mr. Taylor stated the concrete is broken but no more damage is evident. Commissioner Cardoza expressed concern with visual impacts and suggested replacing the tree but not with a palm and work with staff on the size, species and location. Mr. Gafney offered to replant a tree in the larger area in front of his coach. Chair Cohen inquired if the applicant could drive into the carport near the entry door and drop off passengers there. Inquired the distance of the cracked concrete from the street. Mr. Gafney stated the crack is about 10 feet from the street and runs across the length of the driveway. Commissioner Kerr stated Eucalyptus trees may not be appropriate for this location and suggested working with staff on an appropriate replacement tree. Vice Chair Ratcliffe stated the arborist report supports removal of the eucalyptus tree and the applicant should put in a replacement tree on-site. Chair Cohen supports removal of the tree and inquired if HOA approval had been granted. Mr. Gafney stated the HOA has approved the tree removal request. Motion by Vice Chair Ratcliffe to adopt resolution 08-07-08-01 approving removal of the eucalyptus tree and installation of a California native replacement tree, seconded by Commissioner Cardoza. The motion passed by a vote of 4-0. 2. ARCHITECTURAL CONTROL (AC) 08-020, PLANNING COMMISSION LAND USE DETERMINATION. A wall mural proposed to be placed on an existing building located at 33033 Camino Capistrano, generally located on the west side of Camino Capistrano and Via De Anza (APN 668-291-20). Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report and stated murals are not addressed in the sign code or any other section of the San Juan Capistrano Municipal Code. Mr. Taylor stated murals should be an artistic expression and not used for advertising. Staff recommended that the Planning Commission either forward to the PC Minutes 3 July 8, 2008 Community Development Director for conditional approval or forward to the Design Review Committee for review. Public Comments Harry Rausch, All Digital Inc., Chino, CA, the applicant spoke in support. Mr. Rausch stated his company provides retail signage and murals, the mural is on a vinyl material that is attached flush to the building wall, the mural is a historical depiction of San Juan Capistrano and the color vehicles enhance the mural. Mr. Rausch offered to remove the color vehicles. Commissioner Questions and Comments Chair Cohen inquired about graffiti removal, likes the artistic expression, considers murals as painted on the building and problematic with old photo and newer cars. Chair Cohen stated he has a problem with the vinyl material as it is a large banner and would like to know the definition of a mural, and proposed standards to regulate murals. Commissioner Cardoza stated the mural affects the building architecture, prefers a mural be painted on the building, the vinyl appears to be a sign or banner and is concerned the vinyl may weather and/or wrinkle. Commissioner Kerr stated she does not like or support the vinyl material as it looks like a banner, opposes a large sign along the freeway, the mural is not acceptable for San Juan Capistrano, and the sign ordinance doesn't reflect unacceptable materials. Vice Chair Ratcliffe referred to the City of Lompoc that has a large painted mural, does not like the vinyl material, the large size is of concern, murals have traditionally been used for Historic Depiction Programs (HDP) that are usually small and not related to the business activities. Mr. Rausch explained the vinyl does not wrinkle, graffiti can be easily removed, the vinyl is laminated which prevents weathering and any car can be depicted on the vinyl. Assistant Community Development Director Taylor stated the sign code currently does not address murals. Staff and the Sign Committee have reviewed provisions to regulate murals which include a definition and would require Planning Commission approval. Mr. Taylor stated murals are a work of art and not for advertising. If a mural identifies goods and/or services provided on-site then it is a sign and not a mural. Motion by Commissioner Kerr to deny the mural application, seconded by Vice Chair Ratcliffe. The motion passed by a vote of 4-0. PC Minutes 4 July 8, 2008 3. CONSIDERATION OF THE DRAFT 2008 OPEN SPACE MASTER PLAN. A Master Plan for the Management of the City's Natural Open Space Lands, Recreation Open Space Lands, Public Parks, and Multi -Use and Equestrian Trails. Staff Presentation and Recommendation Principal Planner Bill Ramsey presented the staff report and summarized the provisions of the draft Open Space Master Plan noting that the document would be primarily policy -based -whereas the 1992 Master Plan was largely based on recreation needs and site planning opportunities. He noted that the Master Plan would better position the City to compete for environmental mitigation funding of $235 million provided by the Orange County Transportation Authority (OCTA) as part of the Measure "M" Program. Mr. Ramsey reviewed the Open Space Committee recommendation that unanimously supported an open space bond measure but noted that the vote had been split on the timing of whether to have the bond measure on the regular November 4 ballot or to schedule a special election for Spring 2009. Mr. Ramsey stated that the Open Space Master Plan policy document is scheduled for City Council review on August 5, 2008 and requested that the Planning Commission review and provide comments. Public Comments None. Commissioner Questions and Comments Chair Cohen commended Mr. Ramsey and the Open Space Committee on preparing a document that is well done. Commissioner Kerr said she had identified several typographical errors that she would forward to Mr. Ramsey by e-mail. Commissioner Kerr stated that new open space areas would require monitoring and appropriate goals and policies. She inquired about the timing of the Via Entrada and La Novia as a staging area and Mr. Ramsey stated that any plans for such improvements would be processed as a Capital Improvement Project (CIP) and evaluated for consistency with the Open Space Master Plan. However, the Master Plan was not intended to provide site-specific recommendations for improvements. Commissioner Kerr asked Mr. Ramsey to explain the difference in Table 1 between "private active" and "private passive" recreation and he clarified the difference. Vice Chair Ratcliffe commented on Measure M funding and mitigation for the Whispering Hills project. Vice Chair Ratcliffe said the maps and photos are helpful and suggested a list of the inventory of open space. Mr. Ramsey stated that an inventory of parks and open space lands would be included. Commissioner Cardoza discussed the impact of current open space acquisitions. He stated the Master Plan should identify uses of green areas, provide photos of view sheds, identify regional connection potential, provide a balance of open space uses, and establish policies to protect wildlife. He suggested staff include more maps and photos. PC Minutes 5 July 8, 2008 Mr. Ramsey discussed the northwest open space area (i.e. north of Oso and Trabuco Creeks), the RFP for habitat mapping, invasive species, endangered species and the trails map. Motion by Commissioner Cardoza to recommend approval of the Open Space Master Plan and forward Planning Commission comments to the City Council, seconded by Vice Chair Ratcliffe. The motion passed on a 4-0 vote. OLD BUSINESS 1. COMPREHENSIVE SIGN ORDINANCE UPDATE — WORK SESSION. A review of the draft update to San Juan Capistrano Municipal Code Section 9-3.543 regulating signs. The Planning Commission approved a sign code amendment on October 9, 2007 to immediately address freestanding monument and building mounted signs and directed staff to pursue a comprehensive update to the entire sign code. A City Council appointed sign committee has been reviewing proposed sign code provisions. Planning Commission comments and direction will be forwarded to the sign committee for review prior to Planning Commission public hearings. Staff Presentation and Recommendation Assistant Community Development Director Taylor presented the staff report and stated staff and the Sign Committee has been working on a draft sign ordinance for several months including reviewing other historic cities, surveying surrounding cities, creating a more organized and user friendly format and clarifying provisions. Mr. Taylor identified problems with banners, murals, portable signs and election signs. Mr. Taylor requested that staff provide a brief page by page summary of amendments and recommendations and that the Planning Commission intercede when they have questions and/or concerns. Deputy City Attorney Retterer stated his office is reviewing the draft ordinance for content and legal defensibility and will provide preliminary comments. (NOTE: Planning Commission comments from July 8, 2008 were made throughout the review of the sign ordinance and Commissioner comments are grouped together. The following comments are action minutes. Planning Commission comments were itemized and forwarded to the Sign Committee pursuant to a memorandum dated July 21, 2008 that is attached.) Public Comments Eric Altman, business owner and Chamber of Commerce president commented that a sign ordinance is difficult for the Planning Commission, economics set the stage for reality of signs, consistent and aesthetically pleasing signs important, businesses are struggling and need advertising, enforcement is difficult, supports banners/sandwich boards and other temporary signs, auto dealerships need help and flexibility, and PC Minutes 6 July 8, 2008 encouraged staff and the Planning Commission to work with the merchants and the Chamber of Commerce. Commissioner Questions and Comments Chair Cohen commented it is difficult to perform a comprehensive analysis of the sign ordinance update without a "track change" version. Chair Cohen felt prohibiting temporary signs may not be appropriate in all cases and referenced shopping centers and auto dealerships, also mentioned that State Law pre-empts City ordinances, commented that "imitation marble" that is listed as an unacceptable material can be appropriate, stated the City can approve or disapprove logos and trademarks but cannot edit or alter them, requested definition of "snipe signs", suggested prohibiting signs at bus shelters, identified potentially exempt signs to include telephone booths, news racks, gasoline pumps and interiors signs, and spot lights may be appropriate for special events. Chair Cohen stated the sign ordinance should maintain the small village atmosphere of San Juan, balance business friendly verses aesthetics, must provide reasonable regulations, and development standards are necessary to avoid blight. Commissioner Cardoza commented that signs must relate to building architecture, concerned with freeway signs, ordinance must address the downtown historical character of San Juan, the sign committee has reviewed other historic sign codes, must regulate over saturation of signs, sizing and separation important, signs should be non- offensive, banners are problematic, an amortization program may be appropriate, work with the merchants, and provide photographs in the code. Vice Chair Ratcliffe commented window signs can be problematic, code cross referencing must be consistent, a track change version is necessary for comprehensive review, problem with temporary signs on sticks in the public right-of-way, directory signs should be limited in number, and aesthetics and architecture should be considered. Commissioner Kerr commented exceptions to code requirements can be problematic, commission should further review acceptable materials, sign definitions must be consistent with photos, the awning standards conflict with reference to "valance" verses "skirt", consider allowing more than two signs per tenant, menu board standards and locations should be identified, going out of business sale banners should be regulated and enforced, time limits on temporary banners should be enforced, and an amortization schedule may be appropriate. Detailed discussions ensued between staff and the Planning Commission pertaining to elections signs, banners, sandwich boards, freeway signs, real estate signs, electronic message centers, murals, and aesthetics. By consensus the Planning Commission directed staff to forward their comments to the Sign Committee and bring the sign ordinance back for a work session prior to scheduling public hearings. The work session review shall include a track change sign ordinance. The motion passed on a vote of 4-0. PC Minutes 7 July 8, 2008 COMMISSION/STAFF COMMENTS Assistant Community Development Director Taylor referred to the memorandum distributed to the Planning Commission. No Planning Commissioners had any comments. ADJOURNMENT Chair Cohen adjourned the meeting at 10:30 p.m. Approved: Grant Taylor, 6, Assistant Community Development Director V, -% AR c).m to, oc2 PC Minutes 8 July 8, 2008