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.
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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
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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,
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PC Minutes 8 July 8, 2008