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