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PC Minutes-2007-04-1032400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www 3LIlY. JzianGapistrano, org CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, APRIL 10, 2007 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W, HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The meeting of the Planning Commission was called to order by Chairman Cardoza at 7:04 p.m., followed by the Pledge of Allegiance to the Flag. ROLL CALL Commissioners Present: Robert Cardoza, Chairman Sheldon Cohen, Vice Chairman Tim Neely (arrived 7:06 p.m.) Gene Ratcliffe Commissioners Absent: Joe Drey (excused) Staff members in attendance: Steve Apple, Planning Director; Jason Retterer, Deputy City Attorney; William Ramsey, Principal Planner; David Contreras, Associate Planner; Sam Shoucair, Senior Engineer; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None. CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will 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. San Juan Capistrano.- Preserving the Past to Enhance the Frcture Printed on 100% recycled paper PC Meeting 2 April 10, 2007 Vice Chairman Cohen asked that the items be considered separately 1. APPROVAL OF PLANNING COMMISSION MINUTES OF MARCH 27 2007 Minutes of March 27 2007: Vice Chairman Cohen moved approval, seconded by Commissioner Ratcliffe. The motion passed by a vote of 4-0. 2. CONSIDERATION OF THE DRAFT SEVEN YEAR CAPITAL IMPROVEMENT PROGRAM (CIP): FISCAL YEARS 2007 THROUGH 2014 FOR GENERAL PLAN CONSISTENCY. Mr. Apple recommended that the Commission consider the CIP items Vice Chairman Cohen asked if Measure M funds would be used for the Del Obispo bridge widening project. Mr. Shoucair said that Ms. Thomas could provide the answer upon her return. Vice Chairman Cohen asked about funding of the downtown way finding signage program. Mr. Apple said it may be funded through another program. Chairman Cardoza asked if the bus bench shelters for Camino Capistrano, Ortega Interchange design, Ortega widening, and downtown beautification programs would be coming to the Planning Commission and DRC prior to the Engineering Department beginning construction. Mr. Apple said that bus stops are scheduled for Planning Commission discussion. Vice Chairman Cohen asked where the Planning Commission fits in on the sound walls along Ortega. Mr. Ramsey said Mr. Nasser Abbaszadeh has formed a working group and has conducted several workshops to look at sound wall design and potential impacts. Caltrans prepared an MND on the project. City Council has asked Caltrans to prepare a full EIR. As soon as the environmental determination is released, staff will bring the preliminary design plans to the DRC, Planning Commission, and other Commissions. Vice Chairman Cohen asked if the City has the power to tell Caltrans that we don't want sound walls. Mr. Apple said the City may not have the power to stop Caltrans from building sound walls. Commissioner Ratcliffe asked about the status of the La Novia bridge widening. Mr. Ramsey said there were significant concerns cited by the DRC and Planning Commission. Mr. Shoucair said the developer wanted to revisit the issue of their financial contribution since the price has escalated to $5-$6 million. The City is concerned with widening the bridge and the county is concerned with widening the creek. PC Meeting 3 April 10, 2007 Chairman Cardoza asked if the improvement programs incorporate City Council's priorities. Mr. Apple said that the City Council is scheduled to discuss their top 25 priorities at the next Council meeting. Commissioner Ratcliffe said that members from the equestrian community had offered at a City Council meeting to help finance part of the trail system signage. Mr. Apple said that staff would pass that comment on to the Park and Recreation Department. Motion Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution No. 07-4-10-1 finding that the Fiscal Year 2007 through 2014 Capital Improvement Program conforms to the City's adopted General Plan, with the condition that bus bench shelters for Camino Capistrano, Ortega Interchange design, Ortega widening, downtown beautification programs, and La Novia bridge widening be brought to the Planning Commission and DRC prior to the Engineering Department beginning construction. The motion passed by a vote of 4-0. PUBLIC HEARINGS None. OLD BUSINESS None. NEW BUSINESS 1. CONTINUED WORKSESSION REVIEW OF DRAFT AMENDMENTS TO SECTION 9-3.501, ACCESSORY STRUCTURES OF TITLE 9 LAND USE CODE (CODE AMENDMENT 04-01) Mr. Ramsey discussed the Accessory Structures and said that staff has clarified and added to section (g) on page 2 relating to detached fireplaces, BBQ islands, landscape structures, and recreational structures such as backyard playground equipment. Staff addressed comments that Mr. Sandoval previously made regarding recommended changes. Staff recommends that the Commission continue its review and comment on the working draft amendments to the accessory structure provisions, and provide direction to staff on further changes. Vice Chairman Cohen asked if "wood shake" should be stricken from section (2) on page 3. Mr. Ramsey said that although pure wood shake roofs are no longer permitted by the Building Code, he would check with the Building Department since there are chemicals that can be impregnated into wood shake to make it fireproof or fire-resistant. PC Meeting 4 April 10, 2007 Commissioner Ratcliffe asked regarding section (f) (iii) if a deck sunken into the roof would be permitted. Mr. Ramsey said the language could be clarified to allow decks that are architecturally integrated into the roof. Commissioner Ratcliffe asked if raised seam metal roofs are permitted. Mr. Ramsey the City has allowed standing seam metal roofs that have been painted or de -glossed within historic districts as well as on agricultural and equestrian structures. Chairman Cardoza asked when there would be a general public hearing regarding the draft amendments. Mr. Apple said staff has informed the public of the ongoing Worksessions through an e -blast and an article in The Orange County Register. Mr. Apple said that the target date of June 12, 2007 has been scheduled, and that several of the sections could be bundled rather than presenting the entire Land Use Code Amendment at one meeting. Motion Vice Chairman Cohen moved, seconded by Commissioner Neely, to accept the working draft amendments to the Accessory Structures provisions, with conditions to clarify wording regarding wood shake in section (2) on page 3, and wording regarding decks in section (f) (1) (iii) on page 2. The motion passed by a vote of 4-0. 2. CONTINUED WORKSESSION REVIEW OF DRAFT AMENDMENTS TO SECTION SEC 9-2.349 TREE REMOVAL PERMIT OF TITLE 9 LAND USE CODE (CODE AMENDMENT 04-01) Mr. Contreras said that at the March 13, 2007 Planning Commission meeting staff was asked to modify the exemptions section. He referred to page 55, subsection (3) on a handout placed on the dais, and said the following sentence was added, "In cases where the Orange County Fire Authority has determined that a tree is dead and is a threat or hazard, the Planning Director or designee may authorize the removal of such tree without issuance of a tree removal permit." Mr. Contreras referred to the heritage tree list referenced in subsection (f) on page 58 and said that the list can be edited in the future by the Planning Commission. Trees have been identified and coded to designate acceptable species in fuel mod areas. Mr. Contreras placed on the dais a 2 -page portion of the tree violations section revised by the City Attorney to allow the City to enforce violations with the contractor or tree removal company as well as the property owner. PC Meeting 5 April 10, 2007 Staff recommends that the Commission review and comment on the working draft amendments and provisions. Vice Chairman Cohen said it is difficult from the attachments to figure out the new proposed permit process. Mr. Contreras said that attachment 1 is what exists in the code today, and that all diagrams have been eliminated in the revised code sections. Commissioner Ratcliffe asked the definition of Qualified Tree Expert. Mr. Contreras said the proposed definition of a Qualified Tree Expert is a California registered professional forester or an arborist certified by the Western Chapter of the International Society of Arboriculture. When a doubt occurs, staff ' has contracted with West Coast Arborist, the City's contract arborist. Chairman Cardoza asked about the 50 -year age and trunk diameter at 36" breast height. Mr. Contreras said staff would bring more definitive language into the code. Commissioner Neely asked that language be clarified to include species rather than every tree that is over 50 years old. Mr. Apple said that staff could clarify the language. Commissioner Neely asked that Blue Gum Eucalyptus and other species such as Fremont Poplar be added to the heritage tree list. Commissioner Ratcliffe asked for the status of a situation of a large California Pepper in the Mission Flats area. Mr. Contreras said Public Works and Code Enforcement have been involved. Commissioners reviewed and accepted the working draft amendments to the Tree Removal Permit provisions, with conditions to define Qualified Tree Expert, include more definitive language regarding the 50 -year age and trunk diameter measurement, clarify language to include species rather than every tree over 50 years old, and add Blue Gum Eucalyptus and Fremont Poplar to the heritage tree list. COMMISSION/STAFF COMMENTS Vice Chairman Cohen asked about the lighting at St. Margaret's. Mr. Apple said that Mr. Ramsey measured the lights and that the results would be forthcoming. Commissioner Neely voiced concern regarding the extremely large wall -mounted lighting fixtures at the law offices being built next to the animal hotel on Ortega Highway. Mr. Contreras said he would look into it and report at the next Commission meeting. PC Meeting G April 10, 2007 Vice Chairman Cohen said asked if there is a permit or review process regarding the extensive interior remodeling at the new Starbucks. Mr. Contreras said prior to the City releasing the permit; the Historic Preservation Manager reviewed the project and is working with the applicant. Commissioner Neely said the monolithic mustard tower in the center does not seem to follow the color palette approved by the DRC. Mr. Contreras said the Planning Commission approved the color palette. Chairman Cardoza asked for staff to provide signage and lighting samples and locations when the signage program is reviewed. Chairman Cardoza asked staff to wish Mr. Huber well in his retirement. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 8:03 p.m. The next regular meeting is scheduled for Tuesday, April 24, 2007, at 7:00 p.m. in the Council Chambers. Approved: ;i4 - - Steve Apple, Plan m for