PC Minutes-2008-11-1332400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
CALL TO ORDER
November 13,_2008__
PLANNING COMMISSION MINUTES
REGULAR MEETING
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURAFREESE
THOMAS W. HRIBAR
MARK NIELSEN
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, Commissioner Ginny Kerr, and Commissioner Tim Neely.
COMMISSIONERS ABSENT: Vice Chair Gene Ratcliffe
ORAL COMMUNICATIONS
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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 OCTOBER 28 2008.
Commissioner Kerr requested an edit to Page 9, third paragraph, regarding language
pertaining to Ortega Shell Gas Station Sign Program. Commissioner Cardoza
requested an edit to Page 9, first paragraph, regarding language he recused himself
from the Ortega Shell Gas Station Sign Program item. Assistant Community
Development Director Taylor requested an edit to Page 4, fifth paragraph, regarding
language to CIP 111. Motion by Commissioner Kerr to approve the October 28, 2008
Planning Commission Minutes as amended, seconded by Commissioner Cardoza. The
motion passed by a vote of 3-0 with Commissioner Neely absent at that time.
San Juan Capistrano: Preserving the Past to Enhance the Future
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CONTINUED PUBLIC HEARINGS
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NEW PUBLIC HEARINGS
1. TENTATIVE PARCEL MAP (TPM) 08-002, BIRTCHER. A proposed subdivision
of land and adjustment of lot lines for property located adjacent to 32192 Cook Lane.
The applicant proposes to subdivide an approximately 2.232 acre parcel into two 1 acre
parcels and adjusting a lot line to add .232 acres to the adjacent 1.0877 acre site.
(Applicant: Hunsaker and Associates).
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report and stated the applicant is
requesting approval for a subdivision of land located adjacent to 32192 Cook Lane in
the Residential Estate 40,000 zone district. The proposal is to subdivide a 2.232 acre
parcel into two 1 acre lots and adjust a lot line to add .232 acres to the adjacent 1.0877
acre site. No development is proposed at this time and the applicant has indicated he
intends to develop single family dwellings on the two vacant parcels. The project is
consistent with the General Plan, zoning designation, and surrounding area.
Public Hearing Comments
Bill Harris, 3 Hughes, Irvine, CA is the engineer with Hunsaker & Associates who spoke
in support.
Brandon Birtcher, 31292 Cook Lane is the applicant who spoke in support. Commented
the shed on the property line is for storage, would be removed and a new shed may be
installed.
Planning Commissioner Questions and Comments
Commissioner Kerr inquired is an existing shed is on the proposed property line, the
shed's use, and if it is to be removed. Commented the project meets code criteria and
she supports.
Commissioner Cardoza commented the proposal is consistent with the zoning, access
to the parcels is provided, and he has no objection.
Motion by Commissioner Cardoza to adopt Resolution 08 -11 -13 -XX approving Tentative
Parcel Map (TPM) 08-002, seconded by Commissioner Kerr. The motion passed by a
vote of 4-0.
2. CONDITIONAL USE PERMIT (CUP) 06-04, BEST WESTERN INN — ROYAL
STREET COMMUNICATIONS. A request for approval of site and architectural plans to
develop wireless telecommunications facility ,on a 2.9 acre parcel located at 27174
Ortega Highway (APN 666-161-21)(Applicant: Royal Street Communications).
PC Minutes 2 November 13, 2008
Staff Presentation and Recommendation
Associate Planner Justin Kirk presented the staff report and stated the applicant is
proposing to install a wireless telecommunication facility at the Best Western Inn at
27174 Ortega Highway. The applicant has requested a continuance to the next meeting
in order to complete and provide photo simulations and coverage maps.
Public Comments
NONE
Planning Commissioner Questions and Comments
NONE
Motion by Commissioner Kerr to continue the item to the November 25, 2008 Planning
Commission meeting, seconded by Commissioner Cardoza. The motion passed by a
vote of 4-0.
NEW BUSINESS
1. PLANNING COMMISSION LAND USE DETERMINATION (PCI 08-004), CLARK
RESIDENCE. Staff request for interpretation of code requirements of the 5/10 foot side
yard setbacks for two-story structures pertaining to a request for a second story addition
for property located at 26441 Calle Lucana in the RS -7,000 zone district. (APN 649-213-
02)(Applicant: Luis Hoyos, AIA).
Staff Presentation and Recommendation
Planning Technician Nick Taylor presented the staff report and stated the applicant is
requesting approval to construct a second story addition, second story roof deck, and
third story architectural feature at 26441 Calle Lucana. In the RS -7,000 zone, the
Municipal Code requires five foot side yard setbacks for one-story structures. For two-
story structures the Municipal code requires a five foot setback on one side and ten foot
setback on the other side yard. The existing one-story residence has five yard setbacks
on both side property lines, therefore, the property is legal and conforming. The code is
not clear if adding a second story pertains only to the second story addition or if the
entire structure must comply with a ten foot setback. Does the code allow the applicant
to only setback the second story or must one side of the first story also be cut back to
ten feet? In addition, is a roof deck considered a second story and subject to second
story setbacks? Lastly, is the third story architectural structure with no usable floor
space permitted? The applicant proposes to setback the second story ten feet and
confirmed the third story addition is a small architectural feature with no usable floor
area. Staff recommends that the Planning Commission provide interpretation of the
code standards.
Chair Cohen announced staff had distributed a written summary from the applicant
tonight and called a five minute recess at 7:15 pm to read the document. Chair Cohen
reconvened the meeting at 7:20 pm.
PC Minutes 3 November 13, 2008
Public Comments
Luis Hoyos, 1519 Easterly Terrace, Los Angeles, CA 90026, the architect spoke in
support of the project providing a history of the property and summarizing his addition
proposal. A powerpoint presentation was made to the Planning Commission showing
site plan, floor plans, elevations and photos of other two-story residences in the area.
Tom Clark, 26441 Calle Lucana, property owner spoke in support of the second story
addition saying the project is in character with the area, the neighbors support the
project and referred to photos in the powerpoint.
Theresa Clark, 26441 Calle Lucana, property owner spoke in support referring to the
powerpoint photos and they have informed all the neighbors and received no objections,
showed a petition of support, and stated their residence is not in the photos.
James Klinger, 26431 Calle Lucana, property owner next door supports the project.
Planning Commissioner Questions and Comments
Commissioner Kerr inquired if the Clark residence was in the photos, commented she is
glad the neighbors support the project, concerned with a second story deck above living
space citing a case where a developer had leakage problems and a lawsuit, the plans
appear to comply with the 5/10 foot side yard setback and it is not reasonable to require
the applicants to demolish five feet of their house.
Commissioner Neely commented the proposal appears to comply with the municipal
code, setting back the second story is appropriate, reducing the first story is not
reasonable, the codes does not address roof decks, glad the neighbors support the
project, concerned with Planning Commission authority to interpret the code, concerned
with making an administrative approval into a discretionary approval.
Chair Cohen inquired if any neighbors refused to sign the petition, when the code
provision was adopted, other two story residences with five foot setbacks, code
provisions for the roof deck and concurred with Commissioner Neely's comments.
Commissioner Cardoza expressed concern with the setback and fire safety,
commented improvements are good, glad the neighbors support the project, the design
is different than the existing residence, maybe the DRC should review as they have
reviewed decks and balconies.
Assistant Community Development Director Taylor commented the setback code was
approved in 2002, interpretation of the side yard setback is the issue and would set a
precedent city-wide for zones with the 5/10 foot side setback requirement, agrees it is
not reasonable to request the applicant to reduce the first floor as that would be costly
and compromise structural integrity, considers second floor roof decks as usable floor
area, and third story architectural projections are acceptable provided they have no
habitable or usable floor area.
PC Minutes 4 November 13, 2008
Deputy City Attorney Jason Retterer commented the code does not have any
references or footnotes of how to interpret the 5/10 foot side setback, roof decks are not
addressed at all, the project is administrative not subject to discretionary review, and
referring to the DRC would not be consistent with the municipal code.
Motion by Commissioner Neely to interpret the code as allowing a second story addition
to be setback ten feet, allowing roof decks as a second story and authorizing third story
architectural features, seconded by Commissioner Kerr. The motion passed by a vote
of 4-0.
OLD BUSINESS
1. 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 at the southern end of Valle Road.
(APN 675-361-15)(Applicant: National Retirement Partners, Sean Kelly).
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 office park consisting of three
buildings to include illuminated and non -illuminated building mounted signs, one
illuminated monument sign, and three building mounted freeway visible signs (one per
building). Such signs would consist of a brushed nickel and Times New Roman as the
font. Illumination would be reverse channel "halo illumination". The language in the
sign program mostly mirrors existing language in the Municipal Code except for the
provisions of maximum number of signs per frontage of three not to exceed 86 square
feet and in circumstances of individual ownership of multiple major tenant suites the
same building two thirty (30) square feet signs shall be permitted. The applicant has
amended language in the monument and building mounted sections of the sign program
to address concerns identified by the Planning Commission at the last meeting.
Public Comments
Sean Kelly, National Retirement Partners, 33272 Valle Road, San Juan Capistrano, CA
spoke in support of the sign program summarizing revisions and tenant needs.
Planning Commissioner Questions and Comments
Commissioner Kerr commented different tenants would require signs of different lengths
and letters, the illustrations should identify tenant sign locations.
Commissioner Cardoza expressed concern with freeway signs and the number of signs,
commented signs should be quality, tenant sign criteria should be clear and inquired if
the sign program is consistent with sign committee recommendations.
Commissioner Neely commented he respects the proposal to reduce the number of
freeway signs but does not support any freeway signs,
PC Minutes 5 November 13, 2008
Chair Cohen expressed concern with various sign dimensions, commented he visited
the site with Council Member Hribar, the program should clearly identify uniform
standards for each building, distinction should be made from retail to office building
signs, he has traditionally opposed freeway signs but other businesses have freeway
signs, can support freeway signs subject to DRC and Planning Commission review, and
can support the sign program as presented. Chair Cohen recommended bringing back
the resolution of approval and amended sign program as a consent calendar item at the
next meeting.
Associate Planner Kirk commented the sign program mostly mirrors the code for the OC
(Office Commercial) zone, Planning Commission approval is required for freeway signs
and monument signs, and the applicant can provide final amendments.
Assistant Community Development Director Taylor commented the sign program is
consistent with existing code requirements, the Sign Committee did not recommend
development standard changes but recommended that freeway signs be subject to
review of the Director rather than the Planning Commission.
Motion by Commissioner Kerr to conceptually approve the sign program and that the
final resolution and sign program shall be brought back to the Planning Commission as
a consent calendar item, seconded by Commissioner Cardoza. The motion passed on
a vote of 3-1 with Commissioner Neely voting no.
2. WORK SESSION — COMPREHENSIVE SIGN ORDINANCE UPDATE. A review
of the draft sign ordinance updating San Juan Capistrano Municipal Code Section 9-
3.543. A City Council appointed sign subcommittee conducted regular meetings
including review of Planning Commission comments from the July 8, 2008 meeting.
The attached draft ordinance was approved by the sign subcommittee and includes
comments from the City Attorney's office.
Staff Presentation and Recommendation
Assistant Community Development Director Taylor presented the staff report and
summarized the chronology of events reviewing the sign ordinance regarding Planning
Commission, City Council, sign subcommittee and legal review. The attached draft
ordinance was conceptually approved by the sign subcommittee and includes review
and comments from the City Attorney's office. The ordinance is provided legislative
style with deletions underlined, additions in bold, and retained language in standard
type, the ordinance is also provided in a clean copy version. Mr. Taylor commented the
focus of the sign subcommittee was to analyze existing code provisions and
deficiencies, and recommend appropriate code amendments while addressing the
aesthetic character of San Juan Capistrano, the potentially significant impacts of
excessive and/or unattractive signs, and the needs of the business community. Mr.
Taylor stated a large amount of language from the existing Municipal Code was retained
and reorganized and language from the cities of Santa Barbara and San Luis Obispo
were incorporated. The most critical sections of the ordinance are subsection g, sign
standards and type and district, and subsection i, general, design criteria. Significant
changes were made to prohibited signs, temporary signs, signs exempt from permits,
PC Minutes 6 November 13, 2008
and photos are proposed. Mr. Taylor recommended that the Planning Commission
provide comments and direction and continue to a special work session to fine tune the
ordinance prior to scheduling for public hearing.
Public Comments
NONE
Planning Commissioner Questions and Comments
Commissioner Kerr commented the proposed ordinance is an improvement over the
existing ordinance, much easier to read, the proposal is very detailed and should be
reviewed page by page, and a work session is appropriate.
Commissioner Cardoza commented a work session is appropriate, the next staff report
should be condensed, and break the work session into sections. Commissioner
Cardoza commented on the intent of the sign subcommittee of which he is a member,
the subcommittee performed a photo survey of the area, identified good, bad and ugly
signs, identified a proliferation of banners, and commented on the importance of sign
size, materials, colors, lettering and setbacks.
Commissioner Neely commented he supports a work session, the ordinance should
focus on perennial sign problems, policy, address monument ladder board signage,
large signs visible from a distance, proliferation of secondary signs, and encouraged
quality materials and creativity.
Chair Cohen agreed a work session would be appropriate and concurred with his
colleagues comments.
Assistant Community Development Director Taylor recommended the work session
include the sign committee chair Tom Hribar and Deputy City Attorney Jason Reterrer.
Mr. Taylor stated he would email members with potential dates, identify a preferred
date, and notify the members of the special sign ordinance work session.
It was the general consensus of the Planning Commission for staff to pursue scheduling
a work session for the sign ordinance and notify members of the date.
COMMISSION / STAFF COMMENTS
Assistant Community Development Director Taylor commented on the memorandum
from staff to the Planning Commission dated October 28, 2008 that addressed concerns
from Vice Chair Ratcliffe regarding preferred parking signs, concerns from Chair Cohen
regarding a no U-turn sign on eastbound Ortega Highway at La Novia Avenue, and
provided information on the following meetings:
• 10/16/08 Design Review Committee actions;
• 10/21/08 City Council actions;
11/4/08 City Council agenda items;
• 10/06/08 DRC agenda items;
• 10/13/08 Planning Commission agenda items.
PC Minutes 7 November 13, 2008
Commissioner Neely announced he would be out of town for the November 20th DRC
meeting and November 25th Planning Commission meeting. Commented the Ortega
Shell Gas station lights are highly visible from the freeway and overdone. The lighting
should be directed downward and shielded, the light style and color is inappropriate.
Commissioner Kerr passed
Commissioner Cardoza commented the Ortega Shell Gas station lighting is terrible and
requested staff review the approved plans.
Chair Cohen concurred the Ortega Shell Gas Station lighting is terrible.
ADJOURNMENT
Chair Cohen adjourned the meeting at 9:03 p.m.
Approved:
Grant Taylor, ���
Assistant Community Development Director �.
PC Minutes 8 November 13, 2008