PC Minutes-2008-07-2232400 PASEO ADEL.ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
CALL TO ORDER
July 22, 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 Commissioner Ginny Kerr.
COMMISSIONERS ABSENT: Commissioner Tim Neely
ORAL COMMUNICATIONS
NONE
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.
Motion by Commissioner Cardoza to adopt the May 27, 2008 Planning
Commission Minutes as submitted, seconded by Vice Chair Ratcliffe. The
motion passed by a vote of 4-0.
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July 22, 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 Commissioner Ginny Kerr.
COMMISSIONERS ABSENT: Commissioner Tim Neely
ORAL COMMUNICATIONS
NONE
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.
Motion by Commissioner Cardoza to adopt the May 27, 2008 Planning
Commission Minutes as submitted, seconded by Vice Chair Ratcliffe. The
motion passed by a vote of 4-0.
San Juan Capistrano: Preserving the Past to Enhance the Future
�al Printed on 100% recycled paper
2. APPROVAL OF PLANNING COMMISSION MINUTES OF JUNE 24 2008.
Motion by Vice Chair Ratcliffe to adopt the June 24, 2008 Planning
Commission Minutes as submitted, seconded by Commissioner Cardoza.
The motion passed by a vote of 4-0.
CONTINUED PUBLIC HEARINGS
NONE
NEW PUBLIC HEARINGS
1. CREEK BUFFER SETBACK ORDINANCE. Review of the Draft Creek Buffer
Ordinance prepared by the Public Works Department.
Staff Presentation and Recommendation
Senior Civil Engineer Ziad Mazboudi presented the staff report and stated staff was
directed by the City Council to develop a creek buffer ordinance to regulate building and
construction over or near open creeks and creeks in culverts. The ordinance proposes
a 50 foot creek setback, a Riparian Habitat Management Plan, and only allows security
lighting in the setback area. Mr. Mazboudi identified a correction on Page 8, Section 8-
16.08(b) changing 10 feet to 30 feet. The Open Space Committee has reviewed and
endorses the ordinance. Staff recommends that the Planning Commission provide
comments and recommends approval to the City Council.
Public Hearing Comments
None
Commissioner Questions and Comments
Vice Chair Ratcliffe inquired if the jurisdictional boundary is related to the setback. Mr.
Mazboudi said the jurisdictional boundary is not reflected. Vice Chair Ratcliffe identified
two typographical errors in the ordinance to include Page 10, Section 8-16.12, in the
first sentence add "Nonconforming"; and Page 11, Subsection C3 replace "plan" with
"plant". Vice Chair Ratcliffe supports the ordinance, stated the pollution at Doheny
Beach is shameful, hopes other cities will adopt similar ordinances, and likes the
provision of the Planning Director reviewing applications.
Commissioner Kerr inquired about setbacks from seasonal creeks. Mr. Mazboudi
stated the setback begins at the top edge of the creek embankment. Commissioner
Kerr commented on Page 3, activities and structures not appropriate within a riparian
buffer, inquired about mosquito abatement, construction of new creek culverts, and
requested to add the word "new" to Page 3, Section 8-16.03 Applicability. Mr. Mazboudi
stated mosquito abatement and actions of regulatory agencies are permitted in setback
areas, and culverted creeks may have no improvements over the culvert or within 15
feet of the culvert.
PC Minutes 2 July 22, 2008
Commissioner Cardoza inquired how the ordinance applied to different zones,
suggested , maps of creeks with boundary setbacks, suggested that applicants be
required to provide surveys, inquired about footpaths, should make allowances for
bikeways and trails in setback areas, inquired if planning staff has reviewed the
ordinance. Mr. Mazboudi stated planning staff has reviewed and commented on the
ordinance, stated that footpaths are intended to address bikeways and trails but would
include specific language. Assistant Community Development Director Taylor
suggested adding footpath definition to Section 8-16.04 to include bikeways and trails.
Commissioner Cardoza concurred with his colleagues comments and stated the
ordinance expands on preserving open space.
Chair Cohen commented the ordinance is a great idea, neighboring cities should also
have similar ordinances and comply with standards, stated the Open Space Committee
reviewed the ordinance and endorsed the provisions at the last meeting, and
commended Mr. Mazboudi for his efforts.
Motion by Vice Chair Ratcliffe to adopt Resolution 08 -7 -22 -XX recommending that the
City Council adopt the attached ordinance subject to Planning Commission revisions,
seconded by Commissioner Kerr. The vote passed on a 4-0 vote.
2. CONDITIONAL USE PERMIT (CUP) 08-001 AND REZONE (RZ) 08-004. An
application to add Schools (business, vocational, and professional schools requiring
outdoor facilities) (including; secretarial, art, dance, drama, and music schools)
(excluding; swimming schools, pre-schools, and public and private primary and
secondary schools) as a Conditional Use within Comprehensive Development Plan
(CDP) 78-01, Planning Sector B. The applicant is also requesting approval of a
Conditional Use Permit (CUP) to allow a massage therapy vocational school within an
exiting 1,650 square foot tenant suite. The project is located at 27134 A Paseo Espada,
generally located approximately 400 feet south of Ortega Highway (APN 666-131-12).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report and stated the applicant is
requesting to modify CDP 78-01 to allow vocational schools subject to a CUP and
approve the CUP allowing a massage therapy school. Mr. Kirk stated all improvements
would be interior and the only potential impact is to parking. The Municipal Code
requires a total of five parking stalls and the applicant has secured six parking stalls in
their lease.
Public Hearing Comments
Cathy Salazar, 70 Solar #217, Ladera Ranch, CA 92694, the applicant spoke in
support. Ms. Salazar stated they would provide massage therapy school, herbology,
and teaching two classes with four to six students each.
Jan Rivas, agent for the property owner spoke in support. Ms. Rivas stated they had
notified the other tenants and received no opposition.
PC Minutes 3 July 22, 2008
Planning Commissioner Comments and Questions
Commissioner Kerr inquired about the wording "outdoor facilities" in the CDP
amendment and suggesting deleting such outdoor uses. Mr. Kirk stated he used
existing language from the CM (Commercial Manufacturing) zone and said he would
strike outdoor facilities. Commissioner Kerr commented that the Planning Commission
had previously reviewed the request as a land use determination and supports the
rezone and conditional use permit subject to removing outdoor facilities.
Vice Chair Ratcliffe commented that the GC (General Commercial) zone to the north
allows schools with no outdoor facilities and the outdoor facilities wording should be
deleted.
Commissioner Cardoza commented that he concurs with his colleagues.
Chair Cohen inquired if students receive certification and the length of classes. Ms.
Salazar responded that the students do receive certification and the length of classes
runs from six months to one and one half years. Chair Cohen concurred with his
colleagues.
Motion by Commissioner Kerr to adopt Resolution 08-07-22-01 approving Rezone 08
004 and CUP 08-001 subject to removing "outdoor facilities" from the CDP, seconded
by Vice Chair Ratcliffe. The motion passed on a 4-0 vote.
OLD BUSINESS
NONE
NEW BUSINESS
1. ARCHITECTURAL CONTROL (AC) 08-007, BANK OF AMERICA.
Consideration of a modification to a sign program for Bank of America, located at 31902
Del Obispo Street in Serra Plaza (APN 668-072-26).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report stating the applicant
requests to modify existing non -illuminated building mounted signs to include halo -
illumination and to change the location of the existing sign on the south elevation to the
center of the elevation. Locations of existing signs on the north and east elevations
would not be changed. Mr. Taylor stated the sign program and proposal are consistent
with surrounding properties and recommended approval.
Public Comments
Victoria Auer, property manager of Serra Plaza opposes the sign on the south elevation.
Ms. Auer claimed management has problems with the sign that is visible from within the
existing courtyard and proposes the applicant remove the sign and maybe replace with
a monument sign.
PC Minutes 4 July 22, 2008
Dan Friess, Serra Plaza contractor, spoke in opposition to the sign on the south
elevation. Mr. Friess provided a brief history of the project, stated the south elevation
sign was originally a temporary sign, the sign is now obsolete and stated the sign is only
visible from the courtyard.
Jenny Hodges, Coast Sign, representative for Bank of America stated the applicant and
the property owner both approved the proposed sign program. Ms. Hodges suggested
approving signs on the north and east elevations and address the south elevation sign
separately.
Commissioner Questions and Comments
Chair Cohen inquired if the sign and the logo are both illuminated. Mr. Taylor stated
both were illuminated. Chair Cohen inquired if staff had a photograph of the sign from
the courtyard and if the south elevation sign is currently there. Ms. Auer stated the sign
is currently there and she identified a letter and three photographs of the south elevation
sign that she had submitted. Staff had distributed the letter and photographs at the
beginning of the meeting. Chair Cohen commented he is concerned with altering the
south elevation sign, requested staff research to determine if the sign is temporary,
commented there are too many signs in town, and the Bank of America logo is very
prominent. Chair Cohen requested continuing the entire item, have staff investigate the
history, and review the proposed logos.
Commissioner Kerr commented she understands the concerns with the south elevation
sign but suggested approving the signs on the north and east elevations.
Vice Chair Ratcliffe commented the location of the south elevation sign does not make
sense and relocating the illuminated sign to a more conspicuous location may be
problematic.
Commissioner Cardoza commented the DRC reviewed the sign modifications and
recommended approval. Commissioner Cardoza stated the south elevation sign may
be obtrusive and agrees with continuing that sign but supports the signs on the north
and east elevations.
Chair Cohen encouraged his colleagues to continue the entire item to allow staff time to
research the sign program, permits and logos and report back. Chair Cohen asked staff
of the availability of future meetings. Assistant Community Development Director Taylor
stated the next available meeting is September 9, 2008.
Motion by Commissioner Cardoza to continue the item to the September 9, 2008
Planning Commission meeting, seconded by Commissioner Kerr. The motion passed
on a 4-0 vote.
PC Minutes 5 July 22, 2008
2. ARCHITECTURAL CONTROL (AC) 08-013, 31876 DEL OBISPO. Consideration
of a sign program for the existing building located at 31876 Del Obispo Street (APN
668-241-12).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report and stated the applicant is
requesting approval of a sign program to change the existing hanging wood signs to
raceway mounted halo illumination signs plus pedestrian oriented hanging signs under
the covered walkway. Both sign types include wrought iron framing.
Public Comments
Mick Cramer the applicant spoke in support and provided samples of the proposed
signs to the Planning Commission. Mr. Cramer prefers the "Frutiger" style lettering and
stated the signs backgrounds are 19 inches, upper case letters are 14 inches in height,
and lower case letters are nine inches in height.
Commissioner Questions and Comments
Vice Chair Ratcliffe commented on the samples provided and does not prefer the
"Frutiger" style lettering.
Chair Cohen inquired the number of tenants in the center and if each tenant receives
two signs. Mr. Cramer stated there are nine tenants, the interior tenants each are
allowed two signs and the end tenants are allowed three signs. Chair Cohen
commented he does not have a clear preference of the letter style and concurs with the
DRC recommendations. Chair Cohen inquired if tenants have corporate logos and
requested the signs be to scale with the background. Mr. Cramer said the Bagel Shack
has a logo but is not aware of any other tenants that have corporate logos.
Commissioner Kerr commented on the different letter fonts and likes the "Frutiger" or
the "Geometry" with upper and lower case letters. Commissioner Kerr commended the
applicant on his efforts as the DRC review was extensive. Commissioner Kerr
commented on the letter sizes, expressed concern that logos may leave blank space,
likes the raceway, and requested color consistency.
Commissioner Cardoza inquired if the landscaping modification would be addressed
separately. Mr. Taylor said the landscaping would be considered at a later meeting.
Commissioner Cardoza commented on Page 1 of the tenant / landlord lease that
banners should be clarified or prohibited, Page 3 of the lease that "prohibited signs"
should be clarified and the lease should state City approval and sign permits are
required, Page 6 of the lease should clarify sign types and should not be only black,
Page 7 of the lease required font not only in black, commented the sign locations are
acceptable, a large number of signs could be problematic, he does not object to the
fonts proposed and "Frutigar" is acceptable, and he prefers upper and lower case
letters.
PC Minutes 6 July 22, 2008
Motion by Commissioner Cardoza to adopt Resolution 08-07-22-02 approving
Architectural Control (AC) 08-013, seconded by Vice Chair Ratcliffe. The motion
passed on a 4-0 vote.
3. WORK SESSION — CODE AMENDMENT (CA) 08-01 TC (TOURIST
COMMERCIAL) ZONE PARKING STANDARDS. Consideration of a proposed code
amendment to amend SJCMC Section 9-3.535 regulating parking standards, an
amendment to include a parking credit for the Tourist Commercial (TC) District.
Staff Presentation and Recommendation
Senior Planner David Contreras presented the staff report and summarized the
proposed provisions to allow parking credits for the TC zone only subject to findings, the
intent is to share common parking lots that have limited parking spaces available, and to
allow changes of occupancy without the need for a variance.
Public Comments
NONE
Commissioner Questions and Comments
Chair Cohen requested a definition of "parking credit", commented that the draft
document is vague, is hesitant to include findings from the Blue Ribbon Committee, and
suggested staff provide additional information at a future meeting.
Commissioner Kerr inquired about a definition of "parking credit", and requested staff to
provide additional information.
Commissioner Cardoza commented the Downtown Parking Study should relate to the
TC zone, commented on the Blue Ribbon Committee recommendations, he encourages
attracting business in the downtown area, and the ordinance needs refining.
Vice Chair Ratcliffe commented the proposed provisions may be conflicting with existing
parking code standards, some findings are too specific and some findings too vague, a
location map of the TC zone should be included, requested staff provide comparisons of
the TC zone to other commercial zones, and survey other cities standards.
By consensus the Planning Commission directed staff to perform additional research,
provide more information, survey other cities, define "parking credit", and bring back the
ordinance at a future meeting to be determined. The motion passed on a 4-0 vote.
COMMISSION/STAFF COMMENTS
Assistant Community Development Director Taylor referred to the memorandum
distributed to the Planning Commission.
PC Minutes I July 22, 2008
Mr. Taylor stated the Commission had inquired about pillars with a large pot on top
adjacent to Steven's Nursery that may be a safety concern. Staff has forwarded a letter
of violation to the property owner and requested the structures be removed.
Mr. Taylor said staff received an email from Commissioner Tim Neely stating that his
surgery went well, he is recovering, and sends his regards.
Commissioner Kerr stated she appreciates San Juan Capistrano's attention to sign
detail and looks forward to the sign committee's recommendations, reported gang
activity in Cook Park and Ortega Equestrian Center with restrooms having graffiti.
Vice Chair Ratcliffe commented on a proliferation of temporary signs on sticks at
Golden Spoon, Paradise Coffee, Skimmer's Pannini, and Sizzler.
Commissioner Cardoza commented that the Steven's Nursery driveway near the
commercial center may not satisfy Caltrans standards.
Chair Cohen inquired about Steven's Nursery business license and reported that
grading of a hill in the Glenfed area off La Novia has occurred, and inquired about
construction quiet hours.
Assistant Community Development Director Taylor stated that the sign committee will
review Planning Commission comments of the draft sign ordinance on July 24, the gang
activity and graffiti will be reported to Lt. Betzler, code enforcement staff has been
directed to remove any temporary signs in the right-of-way and notify the owner's of
unauthorized signs on private property, Steven's Nursery does have a business license,
staff has a code enforcement case against Steven's Nursery, staff will request code
enforcement to investigate grading in the Glenfed area, and the Municipal Code limits
construction hours to Monday — Friday lam to 6pm, Saturday 8:30am to 4:30 pm and
no construction on Sundays and Federal holidays.
ADJOURNMENT
Chair Cohen adjourned the meeting at 9:00 p.m.
Approved:
Grant Taylor,
Assistant Community Development Director
PC Minutes 8 July 22, 2008