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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 n• �M Printed on 100% recycled paper 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. /e\0PEel IIak, IITila,jo Chair Cohen adjourned the meeting at 8:51 p.m. Approved: Grant Taylor, t/ Assistant Community Development Director PC Minutes September 9, 2008