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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. San Juan Capistrano: Preserving the Past to Enhance the Future �al Printed on 100% recycled paper MEMBERS OF THE CITY COUNCIL InEDRPown SAM ALLEVATO ESTABLISHED I 1961 THOMAS W. HRIBAR 1776 MARK NIELSEN ® JOE SOTO • DR. LONDRES USO 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