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PC Minutes-2008-10-2832400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92675 (959) 493.1171 (949) 493.1053 FAx www.sanjuancapistrano.org October 28, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 7:02 p.m. B. PLEDGE OF ALLEGIANCE Chair Cohen led the flag salute. C. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, Commissioner Robert Cardoza, Commissioner Tim Nelly and Commissioner Ginny Kerr. COMMISSIONERS ABSENT: None D. ORAL COMMUNICATIONS NONE E. 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 SEPTEMBER 23, 2008. Commissioner Cardoza requested two edits to include "Page 3, under Public Hearing Comments, clarify panels to reduce form six to three" and on "Page 3 under Planning Commissioner Questions and Comments, clarify comment that sign scale and location are not appropriate on the chimney". Assistant Community Development Director Taylor recommended adding cellular panels reduced from six to three so as not San Juan Capistrano: Preserving the Past to Enhance the Future 04 Printed on 100% recycled paper MEMBERS OF THE CITY COUNCIL J' RE�gP�1EG A SAM ALLEVATO THOMAS W, HRIBAR ® MOBtISM MARK NIELSEN 9 776 JOE SOTO DR. LONDRES USO October 28, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 7:02 p.m. B. PLEDGE OF ALLEGIANCE Chair Cohen led the flag salute. C. ROLL CALL PLANNING COMMISSIONERS PRESENT: Chair Sheldon Cohen, Vice Chair Gene Ratcliffe, Commissioner Robert Cardoza, Commissioner Tim Nelly and Commissioner Ginny Kerr. COMMISSIONERS ABSENT: None D. ORAL COMMUNICATIONS NONE E. 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 SEPTEMBER 23, 2008. Commissioner Cardoza requested two edits to include "Page 3, under Public Hearing Comments, clarify panels to reduce form six to three" and on "Page 3 under Planning Commissioner Questions and Comments, clarify comment that sign scale and location are not appropriate on the chimney". Assistant Community Development Director Taylor recommended adding cellular panels reduced from six to three so as not San Juan Capistrano: Preserving the Past to Enhance the Future 04 Printed on 100% recycled paper to indicate measurements and also add on the chimney to clarify Commissioner Cardoza's comment that the sign location and scale are not appropriate on the chimney. Motion by Commissioner Cardoza to approve the September 23, 2008 Planning Commission Minutes, seconded by Vice Chair Ratcliffe. The motion to approve passed on a vote of 3-0-2 with Commissioners Neely and Kerr abstaining. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF OCTOBER 14 2008. Motion by Vice Chair Ratcliffe to approve the October 14, 2008 Planning Commission Minutes, seconded by Commissioner Kerr. The motion to approve passed on a vote of 3-0-2 with Commissioners Cardoza and Neely abstaining. F. CONTINUED PUBLIC HEARINGS G. NEW PUBLIC HEARINGS H. NEW BUSINESS 1. CAPITAL IMPROVEMENT PROJECT CIP 111 — DEL OBISPO STREET AND CAMINO CAPISTRANO INTERSECTION IMPROVEMENTS. Proposed intersection improvements that include street widening, driveway reconstruction, sidewalk ADA compatibility improvements, and landscaping. (Applicant: City of San Juan Capistrano)(Project Manager: Nisha Patel, Associate Engineer). Staff Presentation and Recommendation Associate Engineer Nisha Patel presented the staff report and stated CIP 111. includes intersection improvements at Del Obispo Street and Camino Capistrano to include street widening, driveway reconstruction, sidewalk widening for ADA compliance and landscaping. The project boundaries extend along Del Obispo Street from a point about 230 feet east of Plaza Drive westerly, to the east side of the Southern California Rail Authority, along Camino Capistrano from the EI Adobe Restaurant to the Chevron Service Station. The project impacts seven properties of which acquisition would be required. The Plaza de Prosperidad property is impacted the greatest including the need to acquire approximately 3,000 square feet of property, realign the existing parking lot and remove 14 trees. Ms. Patel commented partial property owners Tony and Orrie Brown were present in the audience, staff has ongoing meetings with the Brown's, and the Brown's have expressed concerns with the property acquisition, parking reconfiguration and loss of trees. Ms. Patel introduced Public Works Director Nasser Abbaszadeh, Jeff McClure engineer with Willdan, and landscape architect John Hidalgo. Ms. Patel identified the supplemental report that was handed to the Planning Commission tonight that includes the Environmental review consisting of a Mitigated Negative Declaration. PC Minutes 2 October 28. 2008 Public Hearing Comments Orrie Brown, part owner of Plaza de Prosperidad expressed concerns on the following issues: • No methodology for compensation; • Parking phasing plan from City; • Loss of 3,000 square feet of property; • Not in loop from staff; • Have not agreed to anything; • Requested meeting with arborist; • Requested construction schedule; • Requested staking area to be taken by City; • Requested no final Council decision until their questions are answered; • Proposed parking configuration is problematic; • Mature landscaping and trees to be removed; • Removal of greenbelt medians; • Removal of two pine trees and installation of retaining wall; • Requested no taking of their property. Mike Eggers, consultant for the Brown's commented he had received a copy of the Mitigated Negative Declaration tonight and requested adequate time to review the MND. Planninq Commissioner Questions and Comments Commissioner Cardoza inquired about the location of the property line at Union Bank, tree removals and accuracy of the plans, trees to be removed and retained, Plaza de Prosperidad parking configuration and number of stalls, and tree locations in the median. Commissioner Cardoza commented he would be happy to discuss tree concerns with the engineer, the DRC previously reviewed the landscape plan, the Union Bank landscaping compromise is adequate, the DRC was concerned with the Brown's property regarding parking, trees and landscaping, additional landscaping may be appropriate, would like to evaluate the MND, and there are too many unknowns to make a recommendation at this time. Mr. Cardoza futher commented the engineers can provide more information, the intersection is very visible and highly traveled, the location is the City's downtown corridor, he is agreeable to tree removal in the median, encouraged a rendering, the retaining wall should be reviewed, and is agreeable to sidewalks on both sides of the street. Mr. Cardoza discussed the tree removal plan including trees 32 through 36 and trees 8 through 13 in the median. Commissioner Kerr inquired about start date of construction, commented she sympathizes with the Brown's frustrations, sensitive to tree removals, many trees appear in good conditions, the Brown's property bears the bulk of the tree removals, parking lot reconfiguration a concern, and the greater public good of street widening. Chair Cohen inquired if other property owners expressed parking concerns, status of property owner agreements, methodology of acquisition and compensation, if the Brown's issues would be addressed in a written agreement, if the Brown's had PC Minutes 3 October 28, 2008 commented on the parking lot phasing plan, length of the MND review period, and does acquisition costs warrant the project. Chair Cohen commented more gridlock on Del Obispo at Ortega Highway, the DRC scaled down the project, recommending continuing the item to review the MND, encouraged working with the Brown's, and the project requires significant work in the City's downtown core. Commissioner Neely inquired about project improvement impacts on traffic, would the intersection lose efficiency, and if the dedicated right turn is necessary. Commissioner Neely commented short stacking a concern, the driveway at the Stroescher property limits stacking, understands the Brown's frustrations, is concerned about condemnation, project design dilemma's, hoped the Brown's had a proposal for the City, there is a need for a City policy for CIP issues, and a policy for sidewalks needed on both sides of a street. Vice Chair Ratcliffe commented tree removal in the median is no great loss, the project will change the character of the intersection, the retaining wall is a concern, intersection traffic is problematic, 3,000 square foot loss of property is problematic, maybe an intermediate solution could be identified, and the sidewalk by Ross and Payless is heavily used. Associate Engineer Patel answered questions commenting all property owners have been notified of the project and acquisitions, no other property owners have voiced concerns, and property appraisals would be made after Planning Commission recommendations. Public Works Director Abbaszadeh answered questions commenting the property line by Union Bank would not change, the number of parking spaces in Plaza de Prosperidad would remain the same, the site plan is correct, 51 trees are in the project area with 35 to be removed, Tree #37 at Union Bank would be retained, 14 trees in Plaza de Prosperidad would be removed, staff will research the number and location of trees in the plants and report back, funding is partially from a grant, staff hopes to advertise the project in February 2009, CEQA must be completed before discussing compensation, staff will make a list of concerns, staff has not received comments from the Brown's on the proposed phasing plan, the intersection may lose efficiency and may lose a lane if widening not done, staff hopes to minimize impacts, the Plaza de Prosperidad parking layout had several scenarios, the retaining wall would be about two feet in height and 50 linear feet, staff will mark trees for removal, staff will mark right-of- way lines, ADA requires sidewalks, the budget is limited, there have been change orders, budget design has been exceeded, and it has been a three year process. Assistant Community Development Director Taylor stated the public review and comment period for the MND is 20 days, the MND was posted with the Orange County Clerk today, and the next available meeting to review CIP 111 is November 25, 2008. Motion by Commissioner Cardoza to continue the item to November 25, 2008 and staff would address questions and concerns related to parking, trees, accuracy of plans, PC Minutes 4 October 28, 2008 responding to the Brown's questions, and comments to the MND, seconded by Commissioner Kerr. The motion to continue with directions passed on a vote of 5-0. 2. ARCHITECTURAL CONTROL AC 07-034 CAPISTRANO UNIFIED SCHOOL DISTRICT CUSD SIGN PROGRAM. A request for approval of a comprehensive sign program for a developed office complex located at 33122 Valle Road and generally located 3100 feet south of San Juan Creek Road (APN 075--371-10)(Applicant: Schools First Credit Union / IQ Invision; Jim Barnett, representative)(Project Manager: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report stating the applicant is requesting approval of a sign program for Building "C" of the existing office complex for Schools First Credit Union and IQ Invision. The CUSD occupies Buildings "A" and "B" The sign program includes two types of illuminated and non -illuminated building mounted signs. On August 21, 2008 the DRC approved the sign program concept except for the building mounted flush sign which is oriented along the 1-5 Freeway. The applicant has declined to modify the existing proposal and staff is recommending denial. The applicant has subsequently requested a continuance. The next available Planning Commission meeting is November 25, 2008. Public Comments None Planning_ Commissioner Questions and Comments None By general consensus the item was continued to the November 25, 2008 Planning Commission meeting. I. OLD BUSINESS 1. ARCHITECTURAL CONTROL (AC) 07-034 ORTEGA RANCH SIGN PROGRAM MODIFICATION. Continued consideration of a modification to a sign program for the existing office park located and 650-151-22)(Applicant Planning Technician). at 31351 — 31571 Rancho Viejo Road. (APN 650-142-10 Ortega Ranch, LLC)(Project Manager: Nick Taylor, Staff Presentation and Recommendation Assistant Community Development Director Grant Taylor presented a staff report stating the applicant is requesting approval of a sign program modification to include five additional building mounted signs and three tenant directory signs. The item had been reviewed and continued twice by the Planning Commission. The applicant has not responded to staff phone calls or emails, has not submitted any additional information and the property is currently for sale. Staff recommends that the item be continued to a PC Minutes 5 October 28, 2008 date uncertain and if the applicant does elect to proceed with the application a future public meeting can be noticed. Public Comments None Planning Commissioner Questions and Comments None Motion by Commissioner Neely to continue the item to a date uncertain, seconded by Vice Chair Ratcliffe. The motion to continue passed by a vote of 5-0. 2. WORK SESSION -- ARCHITECTURAL CONTROL AC 08-021 VALLE RANCH SIGN PROGRAM. A request for approval of a comprehensive sign program for a developed office complex located at 33272, 33302, and 33332 Valle Road and generally located 1500 feet south of the southern end of Valle Road. (APN 675-361- 15)(Applicant: National Retirement Partners, Sean Kelly)(Project Manager: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report and stated the applicant is requesting approval of a sign program for the existing Valle Ranch office complex consisting of three buildings. The sign program proposes allowing a maximum of three building mounted signs per frontage, not exceeding 18 square feet each plus one project identification sign or major tenant sign not exceeding 50 square feet. Maximum sign area per elevation would be 86 square feet. The sign program also proposes a monument sign at the project entrance, not exceeding six feet in height or 60 square feet in area. All signs would consist of a brushed nickel and Times New Roman as the font. Illumination for all signs would be reverse channel halo illumination. Public Comments Sean Kelly, National Retirement Partners, spoke in support of the sign program, commented on the clients advertising needs including freeway signs and commended Mr. Kirk for his assistance. Plann.in_q Commissioner Questions and Comments Commissioner Kerr commented on monument sign specifications on Page 5 of the sign program, inquired if the sign code allows one freestanding sign per street frontage, and commented the language is confusing as the property has several frontages. Commissioner Kerr inquired if off-site directional signs are permitted, commented Sections B and C regarding building mounted signs should be clarified, is concerned with a potential proliferation of freeway signs, understands the need for identification signs, and is concerned about the sign program setting a precedent for the Centra Pointe and Ventanas projects. PC Minutes e October 28, 2008 Chair Cohen inquired about the maximum 86 square foot standard, commented freeway signs should require Planning Commission approval not just Community Development Director approval, opposes freeway signs, supports the monument sign, signs must be consistent with the building architecture, and stated the sign program is not ready for approval tonight. Vice Chair Ratcliffe inquired if the signs in the elevations are to scale, commented she is concerned with offset signs, concerned with freeway signs, encouraged smaller signs along the freeway if any, encourages consistent font, colors and a clean sign program, concerned with offices installing large signs, and cited examples of the Mammoth Equities and Gates buildings. Commissioner Cardoza inquired about sign committee recommendations, inquired if there are any existing building mounted signs, inquired if freeway signs are allowed, inquired if there are any tenants, inquired if National Retirement Partners needs a sign quickly, and inquired if the Planning Commission can approve one sign now and the balance of the sign program at a later date. Commissioner Cardoza commented the program still has unknown elements and should be reviewed again by the Planning Commission and maybe the DRC, freeway signs can be gross, and sign programs should be consistent with sign committee recommendations. Commissioner Neely clarified the General Plan and Zoning designations for Valle Ranch, inquired if the Planning Commission can approve signs today, commented the monument sign is acceptable, commented directional signs can suffer in design, the building mounted signs are acceptable, and inquired if the sign program was reviewed by the DRC. Commissioner Neely commented that he opposes freeway signs especially for offices. Associate Planner Kirk answered inquiries and made comments to include the Municipal Code does allow one freestanding sign per street frontage, suggested language to allow one monument sign per entry, commented monument signs require Planning Commission approval, commented off-site signs are permitted provided they are directional and not for advertising, suggested revisions to clarify Sections B and C regarding building mounted signs. Mr. Kirk commented there are a few tenants but no signs have been installed, no signs are proposed at this time just the sign program, the elevations are not to scale, and the 86 square foot maximum assumes two 18 square foot building mounted signs and one 50 square foot project identification wall sign. Assistant Community Development Director Taylor commented the Planning Commission had previously addressed building mounted signs and freestanding monument signs, specifically in OC (Office Commercial) zones and a code amendment was adopted by the City Council, the sign committee did not change recommendations for building mounted and freestanding monument signs that the City Council adopted, freeway signs are permitted subject to Planning Commission approval by current code, however the sign committee recommended that freeway signs may be approved by the PC Minutes 7 October 28, 2008 Community Development Director or referred to the Planning Commission, and the sign program is reviewed together with no signs individually. Because the item is a work session, the Planning Commission by general consensus continued the item to the next meeting. 3. CONDITIONAL USE PERMIT CUP 04-01 ARCHITECTURAL CONTROL AC 04-03 ORTEGA HIGHWAY GAS STATION SIGN PROGRAM. A proposed sign program for a previously approved new gas station, minimart, car wash, take-out food service and alcohol sales with a mezzanine office, on a 48,238 square foot site located at 27101 Ortega Highway, generally located on the north side of Ortega Highway between the 1-5 Freeway and Avenida Los Cerritos (APN 650-151-18)(Applicant: 3M Holding LLC)(Case Planner: Justin Kirk, Associate Planner). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report and stated the item is a follow up review of a sign program for a previously approved gas station. The sign program includes one freestanding monument sign, three 3.3 square foot non -illuminated freestanding signs (two enter and one exit), four building mounts signs that vary from 8 to 15 square feet, two dual fit shell signs on the canopy that both total 10 square feet, and one 12 square foot shell sign on the building north elevation. Mr. Kirk commented on April 22, 2008 the Planning Commission approved the general concept of the Sign Program subject to design details by the. DRC. The DRC reviewed the sign program three times and on October 2, 2008 the DRC forwarded the sign program to the Planning Commission for final determination as to the issue of dual pricing, massing and design of the monument sign. Mr. Kirk commented that the applicant had informed the DRC that dual pricing (i.e. 8 price panels was required by State Law) and Mr. Kirk referred to attachment 4 Business and Professions Code that dual pricing is not mandated. Staff recommended that the Planning Commission approve the sign program with modifications to the monument sign, and if the applicant contests, deny the sign program as proposed. Public Comments Richard Finkel, architect, spoke in support of the sign program commented the dual pricing panels are for marketing purposes to be competitive, the sign does not post the lower cash gas price, the monument sign has been reduced to less than six feet in height and 54 square feet in area, they have followed DRC directions, the Municipal Code is problematic in regulating signs, the sign program is subjective and not all of the property is visible, and the sign program meets the intent of the Municipal Code citing Page 3 of the staff report. Mr. Finkel handed a "fall back" elevation of the monument sign with single pricing to the Planning Commission which staff had not seen nor was aware of and stated Shell is running out of time. PC Minutes 8 October 28, 2008 Planning Commissioner Questions and Comments Commissioner Cardoza recused himself. Vice Chair Ratcliffe commented on DRC minutes, the monument sign has improved, photos of other gas station signs do not have dual pricing, opposes dual pricing, does not like LED illumination, yogurt sign inconsistent with the sign program, the flower sign is acceptable, exit signs are improved but a little large and raised, and concerned with landscaping at base of monument sign. Vice Chair Ratcliffe reiterated her primary concerns are the size of the monument sign, yogurt sign design, and LED illumination. Commissioner Kerr inquired if an existing on-site sign has been approved, commented that she attended the DRC meeting where the applicant stated the dual pricing was required by State Law, the sign does not need dual pricing, the property location is an entry to the historic downtown, LED lighting is unacceptable, the yogurt sign is overdone, the carwash sign facing the freeway is unnecessary, the enter sign is confusing, the monument sign massing has improved, has not reviewed the fall back monument sign plan submitted tonight. Commissioner Neely commented the design and detailing on the monument sign has improved, dual pricing unnecessary and too much information, LED illumination is unacceptable, sign areas in the Municipal Code are maximums and not guaranteed, monument sign massing more of a concern than the LED illumination, the applicant has made progress, the applicant should be given a decision, the Planning Commission should deny so the applicant may appeal to the City Council. Chair Cohen commented he concurs with his colleagues, dual pricing is unnecessary,, monument sign massing is too great, the matter has been ongoing, the Planning Commission should make a decision tonight, cannot support LED illumination, LED is not San Juan like, and the monument sign is too busy. Motion by Commission Neely to deny the sign program and make the determination that the Planning Commission could not make findings of compatibility of the sign program with surrounding properties or with the City's Architectural Design Guidelines, seconded by Vice Chair Ratcliffe. The motion to deny passed 4-0-1 with Commission Cardoza recused. COMMISSION 1 STAFF COMMENTS Assistant Community Development Director Taylor commented on the memorandum from staff to the Planning Commission dated October 28, 2008 providing information on the following: • 10/16/08 DRC actions; • 10/21/08 City Council actions; m 11/04/08 City Council agenda items; 6 11/08/08 DRC agenda items; ® 11/13/08 Planning Commission agenda items; PC Minutes 9 October 28, 2008 Responses to Planning Commissioner inquiries from October 14, 2008 to include: Chair Cohen commented on Ortega Highway eastbound at La Novia there should be a no U -Turn sign as cars frequently make unauthorized U-turns that are hazardous. The City's Public Works Department concurs and forwarded the request to Caltrans who also concurred, is conducting an investigation and will respond back to the City. Vice Chair Ratcliffe's request to remove preferred parking signs from Tanin Center has been accomplished. Commissioner Neely commented on a presentation to the Orange County Board of Supervisors from a San Juan Capistrano resident with a business in San Clemente regarding converting lighting to LED that would save energy. Bulbs will be obsolete, future bulbs would be fluorescent or LED, will provide staff contact information to the presenter and he is interested in color issues. Commissioner Kerr inquired about reclaimed water in the City, if it is available, used for landscaping. Associate Planner Kirk commented he would follow up with the Utilities Department and report back. Vice Chair Ratcliffe thanked staff for the removal of preferred parking signs and commented T -Mobile in Ortega Ranch is still using temporary stick signs. Chair Cohen commented the City Council passed an urgency ordinance to relax time limits on temporary signs to 120 days and inquired about the status of the Pastor Residence grading plan modification (GPM). Assistant Community Development Director Taylor commented Mr. Pastor did not show up at the Development Advisory Board (DAB) meeting, staff would forward the GPM directly to Planning Commission with a recommendation of denial then refer to the City Prosecutor if no action. Chair Cohen adjourned the meeting at 9:43 p.m. Approved: Grant Taylor; Assistant Community Development Director PC Minutes 10 October 28, 2008