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PC Minutes-2008-12-0932400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAx www.sanjuancapistrano.org A. CALL TO ORDER s / v—_ MEMBERS OF THE CITY COUNCIL IncBAADaattD SAM ALLEVATO LAURA FREESE ESTABLISHED I 1961 THOMAS W. HRIBAR 1776 MARK NIELSEN ®Alft�® DR. LONDRES USO December 9, 2008 PLANNING COMMISSION MINUTES REGULAR MEETING Chair Cohen called the regular meeting of the San Juan Capistrano Planning Commission Meeting to order at 7:00 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 Neely 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 NOVEMBER 13. 2008. Commissioner Kerr identified three edits to include: 1) Page 5, fourth paragraph, change Mew to New, 2) Page 5, fourth paragraph change fond to font, and 3) Page 7, fourth paragraph remove the word "not" in the third line. Motion by Commissioner Kerr to approve the November 13, 2008 Planning Commission Minutes as amended, San Juan Capistrano: Preserving the Past to Enhance the Future Q1 Printed on 100% recycled paper seconded by Commissioner Cardoza. The motion to approve passed on a vote of 3-0-1 with Vice Chair Ratcliffe abstaining and Commissioner Neely not present. 2. APPROVAL OF PLANNING COMMISSION MINUTES OF NOVEMBER 25 2008. Commissioner Cardoza identified an edit on Page 5, second paragraph, amend the motion to read "Motion by Vice Chair Ratrcliffe to adopt Resolution 08 -11 -025 -XX approving Conditional Use Permit (CUP) 08-009 subject to amending condition #16 referring ADA parking to the Building Official to review and notify the property owner of ADA parking requirements." Motion by Vice Chair Ratcliffe to approve the November 25, 2008 Planning Commission Minutes as amended, seconded by Commissioner Cardoza. The motion to approve passed on a vote of 3-0-1 with Commissioner Kerr abstaining and Commissioner Neely not present. 3. ARCHITECTURAL CONTROL (AC) 08-021 — VALLE RANCH SIGN PROGRAM FINAL REVISIONS. Resolution of approval for the sign program with changes that had been made pursuant to Planning Commission direction. (Project Manager: Justin Kirk, Associate Planner)(Continued from the meeting of November 13, 2008). Staff Presentation and Recommendation Associate Planner Justin Kirk presented the staff report and commented the Planning Commission had reviewed the Valle Ranch Sign program twice previously and directed staff and the applicant to incorporate revisions in the sign program pertaining to building mounted signs, freeway signs, and the monument sign. The revisions have been made and staff recommends the Planning Commission adopt the attached resolution approving the sign program for the Valle Ranch Office Park. Assistant Community Development Director Taylor identified two edits to include: 1) on the site plan change W-2 signs to "non -illuminated" and 2) on the monument sign elevation delete language that states "ten (10) tenant panels 12 sq. ft. or less." Chair Cohen identified two edits to include: 1) on the building mounted sign specifications, section a), change linear to lineal, and 2) on the general specifications amend section a) to read "Sign sizes shall not exceed the general sizes outlined. The Landlord reserves the right to not allow signage, even it if meets criteria herein." Motion by Commissioner Cardoza to adopt Resolution 08 -12 -09 -XX as amended approving the Valle Ranch Sign Program, seconded by Vice Chair Ratcliffe. The motion to approve passed on a vote of 4-0-1 with Commissioner Neely abstaining. F. CONTINUED PUBLIC HEARINGS NONE G. NEW PUBLIC HEARINGS YOUR DRAFT PC Minutes 2 December 9, 2008 H. OLD 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, tree removal, and landscaping. (Applicant: City of San Juan Capistrano)(Project Manager: Nisha Patel, Associate Engineer)(Continued from meetings of October 28, 2008 and November 25, 2008). 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 CIP 111 project was reviewed by the Planning Commission on October 28, 2008 and continued to allow the property owner's to review the environmental reports and allow staff to respond to concerns identified by the Commission and property owners of the Plaza de Prosperidad commercial center to include: • Compensation to the owners; • Parking situation during construction; • Retaining wall design; • Clear and concise improvements plans; • New right-of-way line; • Identification of trees to be removed; • Parking lot configuration; Ms. Patel commented that Mike Eggers, the representative for Plaza de Prosperidad met with staff on November 11, 2008 and Commissioner Cardoza met with staff regarding tree removals and landscaping. Public Works Director Nasser Abbaszadeh responding to Planning Commission questions and comments stated there is a necessity of eminent domain that will be reviewed by the City Council, the land swap and eminent domain can be processed concurrently, TCE means temporary construction easement, construction schedule is tentatively to advertise April 2009 with construction beginning summer of 2009, the project has been scaled back since 2005, the project is a public benefit as the level of service LOS will improve, the City is receiving grant funding that has deadlines, staff has worked with the Brown's to resolve issues, all comments will be forwarded to the City Council, will continue to work on resolving issues and concerns. Public Comments Orrie Brown, part owner of Plaza de Prosperidad made the following comments: • Plaza de Prosperidad is a limited partnership; DRAFT PC Minutes 3 December 9, 2008 • Received staff report today and did not have time to review; • Concerned with street delineation; • Loss of 17 mature trees; • Parking lot design is unacceptable; • Referred to a letter and photographs provided to the Commission today; • Have not agreed to an easement; • Inquired what TCE means. Tony Brown, part owner of Plaza de Prosperidad commented he does not agree with the TCE, the TCE is not on the plans, and inquired about the City pursuing a land swap. Mike Eggers, consultant for the Brown's commented his clients have attempted to work with staff, he met with staff on November 11, 2008 and has concerns regarding tree removals, retaining walls, street delineation and widening. His main issue is vehicle stacking in the parking lot that may result in liability, vehicles blocking the intersection, and the parking lot configuration will not work. Commented the photographs distributed tonight were taken on a weekday around noon. Planning Commissioner Questions and Comments Vice Chair Ratcliffe inquired about a land swap and anticipated problems, concerned with vehicle stacking in the parking lot, and landscaping. Commissioner Kerr concerned with the Brown's receiving information late and not being part of the process, parking lot stacking problems, vehicles piling up behind the bank, inquired if the project benefit is greater than the impacts, and inquired about the construction timeline. Commissioner Cardoza commented he did not see trees tagged for removal or saving, more trees can be saved, the plans have small scale, parking lot stacking could be problematic and block stalls, concerned with unanswered issues, arborist report to retain trees, mature trees are expensive, small trees take years to mature, and the pine trees are expendable. Commissioner Neely commented he hoped more progress would have been made resolving issues, not satisfied with parking lot design, scope of area of eminent domain, consider potential options, provide landscape buffering, parking lot stacking blocks stalls, provide greater parking lot landscaping, inquired about staff/project deadlines, would like better project design, the pine trees are large but not in San Juan's theme, use trees and landscaping to provide positive effect for the downtown. Chair Cohen commented on a land swap, eminent domain, can't make a positive recommendation to Council, too many unanswered questions. Chair Cohen inquired about TCE, access agreement, time of the photos, costs of capital outlay, benefits to the City, benefits verses impacts, and can the City address issues and still pursue eminent domain. DRAFT PC Minutes 4 December 9, 2008 Motion by Commissioner Neely for staff to forward Planning Commission comments and concerns to the City Council, Commission cannot make a favorable recommendation, and the City Council should consider issues to include costs, design, tree removals, landscaping and parking, seconded by Vice Chair Ratcliffe. Chair Cohen requested that staff bring Planning Commission comments back to the next Planning Commission meeting as a Consent Calendar item, concurred by makers of the motions. The motion to bring back Planning Commission comments as a consent calendar item on January 13, 2009 passed on a vote of 5-0. I. NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 08-120, ARGUELLO WAY. A request to remove eight (8) American Sweet Gum (liquidambar styraciflua) trees located within Arguello Way, a narrow public right-of-way located between Camino Capistrano and the multi -modal parking lot. The trees have a diameter between six (6) and eleven (11) inches. (Applicant: City of San Juan Capistrano)(Project Manager: David Contreras, Senior Planner): Staff Presentation and Recommendation Senior Planner David Contreras presented a staff report stating Arguello Way is a narrow path running from Camino Capistrano to the multi -modal parking lot and that the City received a service request from the owner of the Capistrano Trading Post that trees overhanging the roof of his business were causing damage. City staff conducted a site inspection of the trees and pedestrian path and observed damage to the concrete and retaining walls from tree roots and the trees overhanging the business. The staff consensus was to recommend removal of the trees and installation of a California native drought tolerant landscaping palette. Staff recommends that the Planning Commission approve the tree removal and refer the landscaping to the DRC. The City does not have funding for future arborist reports so staff prepared a tree survey report. Staff met with Commissioner Cardoza and Vice Chair Ratcliffe on-site this morning to inspect and discuss the application. Public Comments None Planning Commissioner Questions and Comments Commissioner Cardoza inquired if there is funding for concrete removal, suggested replacing concrete in plaza with pavers, suggested phasing removal and replacement of the trees and landscaping, supports DRC review of a replanting plan. Vice Chair Ratcliffe commented the trees should be removed, Sweet Gum trees have aggressive roots, the path does need canopy, supports tree and landscaping removal and replacement in phases, supports DRC review of replanting plan. Commissioner Kerr concurs with her colleagues suggestions, supports phasing of tree removal and replacement, and budget constraints are unfortunate. DRAFT PC Minutes 0 December 9, 2008 Chair Cohen commented he spoke with Douglas Dumhart regarding redevelopment funding, likes Arguello Way, key access from the Mission to downtown, supports phased removal of the trees, the alley is in decay and needs repair, suggested appropriate access lighting. Commissioner Neely commented the trees were a bad design decision, the area is not inviting, Arguello Way is a critical location, supports phasing tree removal and replanting, suggests better hardscape and softscape solution, maintenance of the improved area, and concurs with his colleagues comments. Motion by Vice Chair Ratcliffe to adopt resolution 08 -12 -9 -XX approving Tree Removal Permit (TRP) 08-120 was phased removal and replanting of trees and landscaping, redesign of the alley, and DRC review of a replanting plan, seconded by Commissioner Neely. The motion to approve passed on a 5-0 vote. COMMISSION / STAFF COMMENTS Assistant Community Development Director Taylor commented on the memorandum from staff to the Planning Commission dated December 9, 2008 providing information on the following: • 12/04/08 DRC actions; • 12/2/08 City Council actions; • 12/10/08 Planning Commission Sign Code Work Session • 12/18/08 DRC agenda items; • 1/13/09 Planning Commission agenda items; • 1/14/09 City Council Budget Work Session; • 1/19/09 Joint City Council/ Planning Commission Meeting (Lower Rosan Ranch) Mr. Taylor commented that Chair Cohen and DRC Chair Jeff Parkhurst had attended the staff Development Advisory Board (DAB) meeting, invited other Commissioner's to attend a DAB meeting, informed the Commission that Caltrans had agreed to install a No U -Turn sign on eastbound Ortega Highway at La Novia per Chair Cohen's request, and code enforcement would be able to issue citations after the holidays. Commissioner Neely commented he would miss the 12/18/08 DRC meeting but was interested in the La Novia / San Juan Creek Landscaping proposal suggesting the City not use trees, look for opportunities to remove trees to provide open vistas, do not diminish specimen trees with excess planting, and design for effect. Vice Chair Ratcliffe commented the City needs appropriate trees and planting, and agreed to attend a DAB meeting. Commissioner Kerr agreed to attend a DAB meeting. DRAFT PC Minutes 6 December 9, 2008 Commissioner Cardoza commented he likes orchards to frame views and the City should avoid geometric forms and pursue natural blending. Chair Cohen commented he appreciated attending the DAB meeting, thanked staff, and encouraged his colleagues to attend a DAB meeting. ADJOURNMENT Chair Cohen adjourned the meeting at 8:20 p.m. Approved: Grant Taylor, Assistant Community Development Director DRAFT PC Minutes December 9, 2008