PC Minutes-2008-09-0932400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAx
www.sanjuancapistrano.org
CALL TO ORDER
September 9, 2008
PLANNING COMMISSION MINUTES
REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR. LONDRES USO
Vice Chair Ratcliffe called the regular meeting of the San Juan Capistrano Planning
Commission to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Vice Chair Ratcliffe led the flag salute.
ROLL CALL
PLANNING COMMISSIONERS PRESENT: Vice Chair Gene Ratcliffe, Commissioner
Robert Cardoza, Commissioner Ginny Kerr, and Commissioner Tim Neely.
COMMISSIONERS ABSENT: Chair Sheldon Cohen
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.
1. APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 26 2008.
Commissioner Kerr requested an edit to Page 4, second paragraph, regarding language
pertaining to Tentative Tract Map 16146 (Bella Donna Estates). Commissioner
Cardoza requested edit to Page 2, second paragraph, regarding language of the August
12, 2008 Planning Commission minutes, Commissioner Cardoza requested an edit to
Page 7, third paragraph regarding language to AC 08-031 Spaulding Tree Removal,
Vice Chair Ratcliffe requested an edit to Page 7, fourth paragraph, regarding language
of AC 08-031 Spaulding Tree Removal. Motion by Commissioner Kerr to approve the
San Juan Capistrano: Preserving the Past to Enhance the Future
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August 26, 2008 Planning Commission Minutes as amended, seconded by
Commissioner Cardoza. The motion passed by a vote of 3-0-1 with Commissioner
Neely abstaining.
CONTINUED PUBLIC HEARINGS
NONE
NEW PUBLIC HEARINGS
1. CONSIDERATION OF REZONE (RZ) 08-006. A City -initiated rezone application
to correct certain discrepancies which occurred as a result of the previous overhaul of
the City's Official Zoning Map. The correction would result in the rezoning of properties
within the seven (7) communities from the Multiple Family (RM) designation to the
Planned Residential Development (PRD) district.
Staff Presentation and Recommendation
Grant Taylor, Assistant Community Development Director, presented the staff report
and stated the City initiated rezone application is to rezone seven subdivisions from
Multiple Family (RM) back to Planned Residential Development (PRD) due to errors
from the 2002 Zoning Map Overhaul. The seven communities include:
• Captain's Hill
• Mariner's Village
• Park Place
• Casitas Del Rio
• Casita Capistrano
• San Juan Hills East
• San Juan Hills West
Mr. Taylor stated the current RM zoning designation has created nonconformities to
properties pertaining to lot coverage, setbacks and floor area ratios. Because of the
nonconformities property owners cannot construct additions, have difficulty selling
and/or refinancing, and if the property is destroyed multiple variances would be
necessary to rebuild. The proposed rezone is consistent with the General Plan
designation of Medium High Density Residential and the General Plan Designation has
not been altered since the 2002 rezones. In order to change the zoning back to PRD
the City Council must adopt a code amendment reinstating the PRD zone that was
removed in 2002. On September 2, 2008 the City Council considered the PRD code
amendment, was supportive, but continued the item to September 16, to address
concerns relating to:
• Single-family dwelling definition and permitted use;
• Adult care facilities;
• Physical development of the seven communities;
PC Minutes 2 September 9, 2008
Staff recommended that the Planning Commission adopt the attached resolution
recommending that the City Council certify the Negative Declaration and adopt an
ordinance approving the rezones. Once the PRD code amendment is approved, the
rezone can be forwarded to the City Council for public hearing.
Public Hearing Comments
No residents verbally testified. Mr. Taylor read an email into the record from resident
Gordon Stefenhagen, 32204 Via Barrida, San Juan Hills East, who supports the rezone.
Planning Commissioner Questions and Comments
Commissioner Kerr inquired if Attachment 4 to the staff report was the pre -2002 PRD
Zone standards and supported the rezone. Mr. Taylor stated Attachment 4 is the
previous PRD zone standards and Attachment 5 is the proposed PRD standards that
the Planning Commission approved and City Council is considering September 16tH
Commissioner Cardoza expressed concern about approving the rezone before the City
Council has adopted the PRD code amendment, inquired if there is a time frame, and
wanted to make sure staff had completed its due diligence in research, did not want any
more rezones or discrepancies, and inquired if staff had addressed City Council
concerns from September 2, 2008. Mr. Taylor stated staff has thoroughly researched
the city-wide rezones, has not identified any other discrepancies, no resident inquiries
have been received recently, has inspected the seven communities requested for
rezone, and all Council concerns have been investigated and will be responded to
September 16, 2008. Mr. Taylor recommended that the Planning Commission support
the rezone tonight.
Commissioner Neely commented as it is his first meeting back in a couple months that
he is getting up to speed on the rezone proposals, inquired if the seven communities
were developed under the PRD standards, and if the rezone would be consistent with
PRD standards and not create any further nonconformities. Mr. Taylor commented the
communities were all developed under the PRD standards, they are consistent, and all
nonconformities would be removed. Commissioner Neely commented he was
comfortable with supporting the rezone tonight.
Vice Chair Ratcliffe commented she is supportive of the rezone tonight, appears staff
has performed their due diligence, and that there should be no more pre -2002 rezones.
Motion by Commissioner Cardoza to recommend that the City Council certify the
Negative Declaration and adopt an ordinance rezoning the seven subdivisions from
Multiple Family (RM) to Planned Residential Development (PRD), seconded by
Commissioner Kerr. The motion passed by a vote of 4-0.
OLD BUSINESS
1. ARCHITECTURAL CONTROL (AC) 07-034 ORTEGA RANCH SIGN PROGRAM
MODIFICATION. Continued consideration of a modification to a sign program for the
PC Minutes 3 September 9, 2008
existing office park located at 31351 — 31571 Rancho Viejo Road (APN 650-142-10 and
650-151-22).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report and stated the applicant
requests to add signage locations for interior tenants that do not have approval for
building mounted signs under the current sign program and add tenant directory signs
mounted on the building next to the main entrances. Additional signs requested total
five (5) building mounted signs and three (3) tenant directory signs. Mr. Taylor
commented that the applicant has not submitted revisions and recommends that the
item be continued to the Planning Commission meeting of October 28, 2008
Public Comments
NONE
Planning Commissioner Questions and Comments
Commissioner Cardoza commented that the DRC reviewed the Capistrano Unified
School District and Valle Ranch sign programs, recommended no additional freeway
visible signage, and encouraged no freeway visible signs for this application.
Motion by Commissioner Kerr to continue the item to the October 28, 2008 Planning
Commission meeting, seconded by Commissioner Cardoza. The motion passed by a
vote of 4-0.
2. ARCHITECTURAL CONTROL (AC) 08-007. Continued consideration of a
modification to a sign program for Bank of America, located at 31902 Del Obispo Street
(APN 668-072-26).
! Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report and stated the applicant
requests to change the existing signs from non -illuminated, peg mounted channel letters
to halo illuminated aluminum channel letters, with no change in dimensions. The
E existing sign locations would remain unchanged on the north and east elevations and
the sign on the south elevation would be removed. Mr. Taylor recommended the
Planning Commission approved white halo illumination verses color halo illumination
and referred to the letter distributed tonight from Victoria Auer of Rivendell Land
Company supporting the application with the removal of the south elevation sign. Ms.
! Auer and Dan Friese previously opposed the application due to the south elevation sign
jfacing the courtyard of the adjacent property.
Public Comments
Victoria Auer, 31866 Camino Capistrano, San Juan Capistrano spoke in support.
Planninq Commissioner Questions and Comments
Motion by Commissioner Kerr to adopt Resolution 08-09-09-xx approving the sign
program modification subject to white halo illumination, seconded by Commissioner
Cardoza. The motion passed by a vote of 4-0.
PC Minutes 4 September 9, 2008
NEW BUSINESS
1. WORK SESSION — CODE AMENDMENT (CA) 08-04 (EQUESTRIAN
STANDARDS. Consideration of a proposed code amendment to amend SJCMC Title
9, Section 9-3.515 regulating equestrian commercial facility standards, the amendments
include revisions to the commercial stables standards, the addition of a nonconformities
section, and revisions to the Best Management Practices (BMP's) section..
Staff Presentation and Recommendation
Senior Planner David Contreras presented the staff report and stated in January 2008
the City Council formed an ad-hoc committee to address equestrian related issues with
respect to outside agency review, revising code standards, and ensure the stable
owners agree and understand adopted code amendments. Five (5) Committee
meetings were conducted and resulted in a draft ordinance that includes but is not
limited to the addition of a purpose and intent section, removal of the BMP section with
the exception of a reference to the City's Chapter 14 Water Regulations, addition of a
non -conforming section that describes the process for securing a non -conforming
status, modifications to the structures setback table, adjustments to the height of
structures, and adjustments to the maximum percentage of building area. Staff
recommended that the Planning Commission provide comments, input, and edits and
direct staff to bring an amended ordinance back to the Planning Commission for public
hearing consideration.
Public Comments
Ken Friess, 31506 Paseo Christina, San Juan Capistrano commented that the
ordinance is intended to streamline processes and make regulations understandable,
the existing ordinance is complicated and outdated, provisions are unenforceable,
provide guidelines for disclosure and certifying non-compliant stables, BMP's are
guidelines and should be separate from the ordinance, recommended the City address
the ordinance first then BMP's under a separate amendment.
Planning Commissioner Questions and Comments
Commissioner Kerr commented she has significant concerns with the staff report and
the draft ordinance and commented she thought the ordinance would be reviewed by
the Equestrian Sub -Committee prior to Planning Commission review, the Sub -
Committee has not seen some of the language in the ordinance, the size of stalls was
removed, trail definition should be multi -use trail, BMP's should be reviewed
concurrently with the ordinance, poly vinyl fence should be included but company name
omitted, potential City liability for non-compliance, stables in compliance should receive
compliance documentation not just non-compliant stables, non-commercial stables were
not addressed, 30% lot coverage with building and/or pervious pavement may be
insufficient, does not want stables to have to remove pavement, incidental functions (i.e.
shows, exhibits, etc.) should not require Community Development Director approval,
exemptions should be specified, the 2004 BMP Manual is not current, the Committee
has not reviewed the BMP's, the ordinance refers to BMP's and Chapter 14 of the
Municipal Code, and she strongly encouraged the Planning Commission to refer
PC Minutes 5 September 9, 2008
comments, the ordinance, and BMP's back to the Equestrian Sub -Committee prior to
further Planning Commission review. A detailed discussion ensued between
Commissioner Kerr and Equestrian Sub -Committee member Ken Friess.
Vice Chair Ratcliffe commented Section E (Nonconformities) of the ordinance appears
to be very broad and may need more specifics, BMP's seemed redundant as part of the
ordinance, inquired if the 2004 BMP's were enforceable, inquired about the multi-
purpose trail definition, Chapter 14 addresses safety, the BMP's should be reviewed
separately, and supported referring the item back to the Equestrian Sub -Committee.
Commissioner Cardoza commented this review is a work session to identify issues and
concerns, the Planning Commission can refer back to the Equestrian Committee, hopes
standards will avoid another Freddy Love stable, inquired about standards for trails (i.e.
width, materials, fencing, etc.), encouraged safety considerations, supports an
evacuation plan, commented on a buffer for hillsides, and supported further Equestrian
Sub -Committee review.
Commissioner Neely commented that the County of Orange has a Watershed Program
and Trail Division that he manages and that may present a conflict and he may abstain
in the future, the Regional Water Quality Control Board enforces the permit and not the
City or County, concerned about legalizing nonconforming stables, TMDL point source
data and testing is significant, the Water Board will pursue additional regulations and
precise enforcement, San Juan Capistrano may become a Water Board target due to
the number of stables and proximity to the ocean, offered to have his staff review
BMP's.
Deputy City Attorney Jason Retterer commented he would research legal concerns
raised by the Planning Commission.
Senior Planner David Contreras commented the City will not require commercial stables
to remove existing pavement, showed the 2004 BMP document and offered to distribute
to the Planning Commission and Equestrian Sub -Committee, commented that Chapter
14 addresses BMP's and water quality, and stated staff will itemize all Planning
Commission concerns.
Assistant Community Development Director Taylor commented the purpose of the work
session is to identify issues and concerns, document comments, staff will address all
comments raised, and supports referring the item back to the Equestrian Sub -
Committee. Mr. Taylor stated the Equestrian Sub -Committee co-chairs are Council
Members Allevato and Uso who will ultimately decide further Sub -Committee review
and address a request from the Parks, Recreation and Equestrian Sub -Committee who
also would like to review the ordinance. The ordinance is not under a time frame and
public hearings will proceed only when the ordinance is ready for formal consideration.
It was the general consensus of the Planning Commission that staff itemize all issues,
comments and concerns, and that the draft ordinance be referred back to the
Equestrian Sub -Committee for further consideration.
PC Minutes 6 September 9, 2008
COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor commented on the memorandum
from staff to the Planning Commission providing information on the following meetings:
• 8/21/08 Design Review Committee actions;
• 9/2/08 City Council actions;
• 9/4/08 DRC actions;
• 9/16/08 City Council agenda items;
• 9/18/08 DRC agenda items;
• 9/23/08 Planning Commission agenda items.
Mr. Taylor informed the Planning Commission that the regularly scheduled Planning
Commission meeting for November 11, 2008 is a holiday (Veteran's Day) and will be
cancelled. Suggested the Commission consider rescheduling a special meeting or just
waiting for the next regular meeting on November 25, 2008.
Mr. Taylor congratulated Chair Cohen and wife Lois on their 30 anniversary and
welcomed back Commissioner Neely commenting he has been greatly missed. Also
thanked Mr. Neely for offering assistance in reviewing equestrian BMP's.
Commissioner Kerr commented on the Ortega Ranch banners.
Commissioner Cardoza commented on the Capistrano Unified School District sign
proposal stating interior signs are appropriate and freeway visible signs are not.
Commissioner Neely commented it is good to be back, he will be out most of October
visiting family.
Vice Chair Ratcliffe welcomed back Commissioner Neely and congratulated Chair
Cohen and wife Lois on their 30th anniversary.
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Chair Cohen adjourned the meeting at 8:51 p.m.
Approved:
Grant Taylor, t/
Assistant Community Development Director
PC Minutes September 9, 2008