Loading...
PC Minutes-2008-08-1232400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org CALL TO ORDER August 12, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO 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, Commissioner Robert Cardoza, and Commissioner Ginny Kerr. COMMISSIONERS ABSENT: Vice Chair Gene Ratcliffe and Commissioner Tim Neely ORAL COMMUNICATIONS ►ZWI1A 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 JULY 8 2008. Commissioner Cardoza stated he did not lead the flag salute that was performed by Chair Cohen and Page 7 is missing. Commissioner Kerr stated on Page 3 "change 2002 to 2005". Motion by Commissioner Cardoza to continue the July 8, 2008 Planning n San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100% recycled paper Commission Minutes to the next regular meeting on August 26, 2008, seconded by Commissioner Kerr. The motion passed by a vote of 3-0. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF JULY 22 2008. Commissioner Kerr stated page 4 is missing and on Page 3 under Salazar "add other uses and number of students". Motion by Commissioner Kerr to continue the July 22, 2008 Planning Commission Minutes to the next regular meeting on August 26, 2008, seconded by Commissioner Cardoza. The motion passed by a vote of 3-0. CONTINUED PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT (CUP) 07-07, COAST BIBLE, ROYAL STREET COMMUNICATIONS. An application to install, operate, and maintain an unmanned wireless telecommunications facility. The project is located at 26300 Via Escolar, generally located approximately 530 feet north of Wild Wood Lane, 160 feet south of Via Escolar, and 315 west of Rancho Viejo Road (APN 650-011-25). Staff Presentation and Recommendation Assistant Planner Justin Kirk made the staff presentation informing the Planning Commission that revised plans have not been completed and recommends that the item be continued to a date certain. Public Hearing Comments NONE Commissioner Questions and Comments Chair Cohen inquired of staff the next available Planning Commission meeting date. Assistant Community Development Director Taylor suggested September 23, 2008. Motion by Commissioner Cardoza to continue CUP 07-07 to the regular meeting on September 23, 2008, seconded by Commissioner Kerr. The motion passed on a vote of 3-0. NEW PUBLIC HEARINGS 1. CONSIDERATION OF AN ORDINANCE AMENDING (TITLE 9, CHAPTER 5.103) IN -LIEU AFFORDABLE HOUSING FEES. A proposal by the City Manager's Office to amend the Municipal Code by encouraging development of affordable housing and increasing in -lieu fees. Staff Presentation and Recommendation Housing / Redevelopment Coordinator Laura Stokes presented the staff report with a power point presentation and stated in 1995 the City Council approved an ordinance providing an In -Lieu Affordable Housing Fee to create a housing fund to develop PC Minutes 2 August 12, 2008 affordable housing projects. As a condition of approval a developer may pay an in -lieu fee if not providing the City with the required ten percent (10%) of affordable housing. The amount of the in -lieu fee is one percent (1%) of the valuation of the development. The Regional Housing Needs Assessment (RHNA) requires new construction of 228 very -low, 188 low and 210 moderate housing units in the City by 2014. The Housing Element of the General Plan identifies 17 locations for housing development opportunities. The proposed revision to the affordable housing in -lieu is a formula derived by the gap between market rate and affordable unit costs. The fee becomes the difference in market rate and affordable housing. Public Hearinq Comments Brian Starr, Building Industry Association (BIA) representative spoke in opposition to the ordinance. Mr. Starr referred to a letter from (BIA) dated August 8, 2008 and a letter from the State Housing and Community Development Department (HCD) dated December 13, 2007. The Planning Commission received the letters prior to the hearing. Mr. Starr claimed the fees proposed in the ordinance would discourage development of affordable housing and data used is antiquated. Commissioner Questions and Comments Chair Cohen inquired if any other affordable housing project has been build other than Habitat for Humanity and Little Hollywood, commented the City is near build out, in -lieu fees result in no affordable housing construction, staff should investigate alternatives to provide affordable housing, and recommended continuing the item to allow staff to provide additional information and a full Planning Commission review. Commissioner Cardoza inquired when in -lieu fees would be used, commented he had read the BIA letter, the City needs to provide its share of affordable housing, the ordinance as currently written may be problematic, encouraged staff to work with BIA on alternatives, he is not ready to endorse the ordinance at this time, and suggested a continuance to allow full Planning Commission consideration. Commissioner Kerr commented on the current median home price as the report says 2007, inquired about how median rent is determined, commented the attachments identify an extreme housing shortage, encouraged staff to work with BIA on potential alternatives, and concurred with her colleagues the item should be continued. Economic Development Manager Douglas Dumhart responded to Commissioner inquiries stating the Meadows project has entitlements for affordable housing, did not know when the in -lieu fees would be used hopefully by 2009, commented the proposed Housing Element Update identifies the use of in -lieu fees to encourage affordable housing construction, commented on the current market, and said residential construction is valued at about $94 per square foot Housing / Redevelopment Coordinator Laura Stokes commented staff researched 2008 Orange County indicators and BIA data quick. PC Minutes 3 August 12, 2008 Chair Cohen inquired how much time staff would require to bring back the ordinance. Douglas Dumhart suggested the first meeting in October. Motion by Commissioner Cardoza to continue the item to the Planning Commission meeting October 14, 2008, seconded by Commissioner Kerr. The vote passed on a 3-0 vote. 2. CODE AMENDMENT (CA) 08-001. An amendment to the City's Land Use Code to reestablish the Planned Residential Development (PRD) District with two additions to the PRD standards. Staff Presentation and Recommendation Assistant Planner Justin Kirk presented the staff report and stated prior to 2002 the PRD District was a zoning designation in the land use code that provided specific development standards and requirements. During the 2002 Municipal Code Update and Zoning Map Amendment the PRD district was removed and the subject developments were rezoned to the Multiple Family (RM) designation. The zone change does not address existing development and therefore the properties are now legally non -conforming and any additions or accessory structure are not allowed. Staff proposed to reinstate the PRD was the same standards from 2002 to make the properties legal and conforming and provide two additions to include: 1) Minor alterations (structural) allowing the Planning Director to approve an addition not to exceed 10% or the building area or 500 square feet; and 2) Minor alterations (accessory structures) allowing the Planning Director to approve open and non -habitable accessory structures. Public Hearinq Comments Marcia Pontoni, Captain's Hill Subdivision, spoke in support of the code amendment. Ms. Pontoni stated she has been waiting since April to build a 216 square foot addition to help her elderly mother. Planning Commissioner Comments and Questions Commissioner Kerr inquired about the accessory structure language, commented she supports the ordinance and wishes the process could move faster to assist Ms. Pontoni. Chair Cohen inquired if the PRD is the same code that was removed in 2002, encouraged staff to make sure there are no more issues, and reinforced to Ms. Pontoni that staff is moving as quickly as possible. Commissioner Cardoza encouraged staff to make sure this code amendment did not cause any future issues, and he supports the code amendment. Assistant Planner Justin Kirk responded to Commissioner comments and inquiries stating the accessory structure language would allow administrative approval of small PC Minutes 4 August 12, 2008 additions, the remainder of the code amendment is the same as was removed in 2002, and assured the Commission staff has researched the code amendment and applicable subdivisions that were affected. Motion by Commissioner Cardoza to adopt Resolution 08-08-12-01 recommending the City Council approve Code Amendment 08-001 subject to the two additions for minor structural alterations and minor accessory structures, seconded by Commissioner Kerr. The motion passed on a 3-0 vote. 3. CONDITIONAL USE PERMIT (CUP) 08-003, THE ECOLOGY CENTER SAN JUAN CAPISTRANO. A request for the use of the historic Joel Congdon house first floor and grounds for educational exhibits and displays to the general public on sustainable agriculture, ecological design and the history of San Juan Capistrano located at South Coast Farms, 32701 Alipaz Street, generally located 300 feet north of the intersection with Camino Del Avion, in the Agri -Business (A) General Plan land use and Zoning designations (APN 121-190-57). Staff Presentation and Recommendation Historic Preservation Manager Teri Delcamp presented the staff report and stated the overall project consists of a conditional use permit, site plan review and capital improvement project (CIP) to allow the historic Joel Congdon House to be utilized as a public institutional use. The Congdon House is on the National Register and restoration was completed in 2002. The City Council approved CIP 452 for ADA improvements. The use will occupy the majority of the Congdon House and will change the exterior grounds immediately surrounding the house. Public access will be on the ground floor only primarily in the two front rooms and an ADA restroom. One of the three upstairs rooms is to be used for City storage and the other two rooms by the licensee. Three themed demonstration gardens that coincide with the program of the Ecology Center are proposed and noted on the attached site plan. The Cultural Heritage Commission approved the Site Plan Review on July 29, 2008 and the DRC reviewed the project on June 5, and July 3, 2008. Public Hearing Comments Evan Marks, 15 Belmont, Newport Beach, CA is the applicant who spoke in support. Mary Cook Elliott, 32242 Nautilus Way, San Juan Capistrano, CA supports the project and stated Joe Congdon was her great grandfather, she is pleased the City rehabilitated the house, and her friend Rita in the audience was born in the house. Jerry Elliott, 32242 Nautilus Way, San Juan Capistrano, CA spoke in support and inquired about funding. Evan marks stated funding is primarily from membership dues and donations. PC Minutes 5 August 12, 2008 Planning Commissioner Comments and Questions Commissioner Cardoza inquired about the horticulture and any structural changes to the residence, inquired about the ADA plans and why the DRC had not reviewed them, commented on the overhang on the elevations and requested paint colors to be compatible with the existing structure. Commissioner Kerr commented on the ADA restroom location, ADA accessibility, and she supports the project. Chair Cohen commented his colleagues had addressed applicable concerns and he has nothing more to add. Teri Delcamp responded to Commissioner inquiries and comments stating other than ADA improvements there will be no structural alterations to the residence, the ADA plans were approved administratively, the building official will not allow outdoor ADA restrooms, all rooms available to the public will be ADA accessible, and ADA provisions will be reviewed during building plan check. Motion by Commissioner Kerr to adopt Resolution 08-8-12-02 approving Conditional Use Permit 08-003 authorizing use of the Congdon House first floor and grounds for public educational exhibits on sustainable agriculture, ecological design and local history, seconded by Commissioner Cardoza. The motion passed on a 3-0 vote. OLD BUSINESS NONE NEW BUSINESS 1. ARCHITECTURAL CONTROL (AC) 07-034, ORTEGA RANCH SIGN PROGRAM MODIFICATION. Consideration of a modification to a sign program for the existing office park located at 31351 — 31571 Rancho Viejo Road (APN 650-142) Staff Presentation and Recommendation Planning Technician Nick Taylor presented the staff report stating the applicant is requesting approval of additional signage to include five building mounted signs for interior tenants and three tenant directory signs. The current sign program authorizes all signage to be centered over the main building entrances except for buildings A-7, 13- 1 and B-3 that are authorized for support retail and restaurant uses. Staff has determined the building mounted signs are not necessary on the remaining buildings as they are zoned for office uses which typically do not rely on signage as commercial/retail uses do. Additional signage would produce a cluttered effect to the clean architectural look. The proposed tenant directory signs are relatively unobtrusive and would assist patrons in locating tenants. Staff supports the tenant directory signs and recommends denial of the building -mounted signs. PC Minutes 6 August 12, 2008 Public Comments Rhonda Hall, 192 Cinnamon Teal, Aliso Viejo, CA is the property manager and spoke in support of the sign program modification stating clients cannot find tenants suites. Jason Hahn, Laguna Beach, CA is the project manager who stated the building mounted signs are small and tasteful and would not produce a cluttered effect. Commissioner Questions and Comments Commissioner Cardoza inquired if the proposed signs have been reviewed with proposed revisions to the sign ordinance, commented the sign committee is open minded but wants clean minimal signs, commented the modification does not demonstrate the overall sign program, requested more details, inquired if interior signs require permits, commented directory signs depend on design, opposes the building mounted signs, and recommended continuance to allow more information and a full Planning Commission review. Commissioner Kerr stated she concurs with staff recommendations, if the City allows building mounted signs for one tenant, would have to allow for all tenants, supports directory signs in concept but would like more details, and opposes building mounted signs. Chair Cohen commented the Planning Commission approved the sign program two years ago, exceptions were made for the retail buildings, opposes additional building mounted signs, not supportive of directory signs at this time due to lack of details, commented he worked in second floor offices and did not need building mounted signs, requested the Planning Commission minutes of the Ortega Ranch hearings, and recommended continuing the item for more details and full Planning Commission consideration. Planning Technician Nick Taylor responded to Planning Commission inquiries and comments stating the letter heights and fonts have not been identified by the applicant, Assistant Community Development Director Taylor stated the proposal is consistent with the proposed sign code amendment, interior signs do not require permits, and staff would provide the Planning Commission meeting minutes from the Ortega Ranch public hearings and recommended continuing to 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 3-0 vote. COMMISSION/STAFF COMMENTS Assistant Community Development Director Taylor apologized for not having the Planning Commission information memo and provided information on the following meetings: PC Minutes 7 August 12, 2008 • 8/5/08 City Council actions; • 8/19/08 City Council agenda; • 8/21/08 Design Review Committee agenda; • 8/26/08 Joint City Council / Planning Commission agenda; • 8/26/08 Planning Commission regular agenda. Commissioner Cardoza commented that the sign committee has reviewed Planning Commission comments, the ordinance needs work, the ordinance needs improved exhibits, commented on the Bob King lawsuit of the Mammoth sign program, and reminded his colleagues of the Mission Rectory Garden hearing 8/19/08. Commissioner Kerr inquired about the status of the orange building they had reported a couple months ago. Chair Cohen inquired about the grading he had mentioned at the last meeting on a hill behind Los Corrales that is visible from Ortega Highway and La Novia. Assistant Community Development Director Taylor stated that the sign committee has approved forwarding the sign ordinance to the Planning Commission, the sign ordinance and exhibits do need work, staff would like to do a sign workshop first then commence with public hearings. Mr. Taylor informed the Commission that the owner of the orange building had submitted an Architectural Control application that would be before the DRC on September 18, 2008. Mr. Taylor said code enforcement had not located the grading and would check again. Mr. Taylor also said he had met with Commissioner Neely who is progressing nicely and wishes his colleagues well. ADJOURNMENT Chair Cohen adjourned the meeting at 8:52 p.m. Approved: AI�2 - Grant Taylor, Assistant Community Development Director PC Minutes 8 August 12, 2008