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