PC Minutes-2007-04-2432400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493.1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
CALL TO ORDER
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, APRIL 24, 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 7:00 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Robert Cardoza, Chairman
Sheldon Cohen, Vice Chairman
Tim Neely
Gene Ratcliffe
Commissioners Absent: Joe Drey (resigned)
Staff members in attendance: Steve Apple, Planning Director, Jason Retterer,
Deputy City Attorney; Larry Lawrence, Consulting Case Planner; William
Cunningham, Contract Planner; Sue McCullough, Recording Secretary.
ORAL COMMUNICATIONS
Mr. Apple said a letter was received April 23, 2007 from Mr. Joe Drey resigning
his position as Planning Commissioner.
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 Future
0 Printed on 1 DO% recycled paper
Planning Commission Minutes 2 April 24, 2007
1. APPROVAL OF PLANNING COMMISSION MINUTES OF APRIL 10,
2007
Minutes of April 10, 2007: Vice Chairman Cohen moved approval, seconded by
Commissioner Ratcliffe. The motion passed by a vote of 4-0.
PUBLIC HEARINGS
1. CELEBRITY THEATRE: TO BE CONTINUED ON MAY 8, 2007
MEETING.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to continue
the item to the meeting of May 8, 2007. The motion passed by a vote of 4-0.
2. CODE AMENDMENT CA 07-01: AN AMENDMENT TO THE CITY'S
LAND USE CODE TO PROVIDE SIGN REGULATIONS FOR OFFICE
COMPLEXES AND OTHER DEVELOPMENT. CONTINUED FROM THE
MEETING OF MARCH 27, 2007.
Written Communications
April 24, 2007
Staff presentation & recommendation
Mr. Lawrence presented the staff report stating three changes outlined in the
written communications that have been made to the draft amendment as a result
of discussion at the March 27 meeting. Sign examples were included in the
written communications.
Staff recommends that the Planning Commission adopt a resolution forwarding
the sign regulations code amendment to the City Council with a recommendation
of approval.
Commissioner Questions and Comments
Vice Chairman Cohen asked for clarification of the limit of one 10 sq. ft sign per
tenant in Table 3-42. Mr. Lawrence said the wording could be clarified.
Commissioner Neely asked for clarification of signage facing the freeway. Mr.
Lawrence said the only signage allowed to face the freeway is a major project
identification sign up to 40 sq. ft.
Chairman Cardoza voiced concern regarding unsightly temporary signage
adjacent to the freeway. Mr. Apple said staff will contact individual property
owners of specific properties referenced tonight.
Public Hearin
Planning Commission Minutes 3 April 24, 2007
Mr, Robert King, 29499 Spotted Bull Way, president of Save our San Juan,
submitted a letter to the dais and asked that signage be addressed by the
Planning Commission, and that for any permits not requiring a Planning
Commission hearing, a thirty day waiting period be required and written notice be
provided to all property owners within 1,000 feet of the project plus any City
property owner who has requested notification within the past twelve months.
Mr. Trevor Dale, resident, voiced concern regarding the Mammoth signage and
voiced opposition to any lighting on office space adjacent to the freeway.
Mr. Dan Friess, resident, asked how the Serra Plaza project would be affected by
this modification. Mr. Lawrence said it would be one of the projects affected since
it is an office complex over 20,000 sq. feet although existing signs would not be
affected and would be grandfathered in.
Mr. Robert King referred to page 4 and said the project is exempt from CEQA
guidelines, since CEQA applies to projects, not codes. Mr. King said he would
oppose giving a blanket approval to signs.
Mr. Apple said standards are being proposed that would have less potential
visual impact than the present signage standards. From staff's standpoint,
something with potential of less impact than the present standards should be
exempt from the CEQA process.
Commissioner Comments
Commissioner Neely said code amendments are projects under CEQA and are
subject to CEQA. Mr. King may be concerned that by categorically exempting the
code amendment, it would automatically be exempting future sign projects. That
is not the case. Each future project would be reviewed on a case-by-case basis
to have a CEQA determination made for it. Mr. Apple concurred with
Commissioner Neely.
Commissioner Ratcliffe voiced concern regarding the possible monument sign
size.
Vice Chairman Cohen voiced concern about including commercial, industrial, and
retail, allowing 10 sq. ft. of signage per tenant, and allowing illuminated signage.
Commissioner Neely concurred with Vice Chairman Cohen's comments and
thanked staff for moving in the right direction. Commissioner Neely finds the
Mammoth signs to be offensive, that signage should not be allowed along
freeway exposure, and suggested looking at signage on a case-by-case basis,
and phasing out existing signage over time.
Chairman Cardoza said the signage along the freeway has been disappointing,
and that signage should match the style of architecture, and asked about the
Planning Commission Minutes 4 April 24, 2007
possibility of an urgency ordinance. Mr. Retterer said an urgency ordinance could
be explored from a legal standpoint.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Neely, to continue the
sign regulations code amendment, agendized in connection with the complete
review of the Land Use Code, with a recommendation that in the interim the City
Council pass an interim urgency action deferring all requests for sign applications
to the DRC and/or Planning Commission in lieu of over-the-counter approval
pending action on the Land Use Code amendment. The motion passed by a vote
of 4-0.
AYES: Commissioners Neely Ratcliffe, Vice Chairman Cohen, Chairman
Cardoza
NOES: None
ABSENT: None
ABSTAIN: None
Chairman Cardoza asked staff to provide lettering size standards.
OLD BUSINESS
1. ARCHITECTURAL CONTROL (AC) 02-07 MODIFICATION #2: AN
APPLICATION TO APPROVE A SIGN PROGRAM AND SCOREBOARDS FOR
JSERRA HIGH SCHOOL, SOUTH CAMPUS, LOCATED ON THE NORTHEAST
CORNER OF JUNIPERO SERRA ROAD AND CAMINO CAPISTRANO, AND
IDENTIFIED AS AP NOS. 649-011-025 & 030. (APPLICANT: JSERRA HIGH
SCHOOL) CONTINUED FROM THE MEETING OF MARCH 27, 2007.
Written Communications
April 24, 2007
Applicant
Randall Boone Signs, 919 Calle Amanecer, San Clemente, CA 92673
Owner
Pueblo Serra Worship Holdings, 26351 Junipero Serra Road, San Juan
Capistrano, CA 92675
Staff presentation & recommendation
Mr. Cunningham presented to the Commissioners the August 31, 2004
Conditions of Approval, and said that Karen Crocker, Community Services
Director, said a provision for use of the swimming pool was included in the Joint
Planning Commission Minutes 5 April 24, 2007
Use Agreement for uses other than children's activities. Staff found that
scoreboard signs in other institutions did not include corporate sponsor panels.
Staff notified Mr. David Belardes, the most likely descendant (MLD), of the April
24, 2007 Planning Commission meeting. Staff continues to recommend that a
scoreboard be lowered to be no higher than the 8 ft. masonry wall along the
boundary. Staff's opinion is that the signage and scoreboards are consistent with
the Land Use Code and with the originally approved Architectural Control.
Staff recommends approval of Code Amendment 07-01 relating to sign
regulations.
Commissioner Questions and Comments
Vice Chairman Cohen asked if football field lighting had been reviewed by the
Planning Commission. Chairman Cardoza said the plans had been reviewed by
the DRC, the Planning Commission denied the application, and it was appealed
to City Council, which approved the project. Mr. Cunningham said the field
lighting test had taken place recently and it was within the approved lighting plan.
Commissioner Ratcliffe asked which condition covers signage scoreboards. Mr.
Cunningham said signage is covered under Condition 9.g, and the sign program
was to go back to the DRC. Since scoreboards were not mentioned, staff brought
the item back to the Planning Commission.
Public Hearing
Dana Boone with Randall Boone Signs provided photos of Santa Margarita
Catholic High School scoreboard with sponsorship panel, Saddleback Valley
Christian School scoreboard with a school identification header panel, and St.
Margaret's School scoreboard with a bottom dedication panel. She said generally
no activities go past 7 p.m. during Daylight Savings Time.
David Belardes, 31742 Via Belardes, the MLD for this project, said there is no
problem with the signs and they don't protrude into the cultural resource area
since the football field has 8 feet of fill and the rest of the campus has 5 feet of
fill. The southern section is out of the cultural resource area.
Trevor Dale, 27781 Camino Veranda, said the City Council approved JSerra
High School and the majority of the Council was in favor of the Joint Use
Agreement (JUA). Mr. Cunningham said under the original approval there was
specific language in the Development Agreement and Joint Use Agreement
approved by City Council for swimming pool uses.
Commissioner Questions & Comments
Vice Chairman Cohen paraphrased paragraph 5 of the Joint Facilities Use
Agreement dated June 6, 2006 as follows: the City and JSerra agree to discuss
entering into a Separate Joint Use Agreement for the swimming pool facilities to
be constructed on JSerra's campus. Vice Chairman Cohen said that when the
Planning Commission Minutes 6 April 24, 2007
JUA was entered into, it was apparently agreed that the pool would be addressed
at a later date. The pool was not brought before the Planning Commission. Mr.
Cunningham concurred that is correct.
Mrs. Boone said that all the other fields at JSerra are used by the community at
large.
Motion
Vice Chairman Cohen moved, seconded by Commissioner Neely, to deny
approval of a Code Amendment relating to sign regulations due to the
massiveness of the signs requested. The motion passed by a vote of 3-1, with
Chairman Cardoza opposed since he feels the conditions could be modified to
restrict the size and number of signs.
AYES: Commissioners Neely and Ratcliffe, Vice Chairman Cohen
NOES: Chairman Cardoza
ABSENT: None
ABSTAIN: None
Mr. Cunningham said the resolution of denial will be brought to the May 8, 2007
meeting for confirmation of the findings.
Chairman Cardoza asked for a short recess at 8:35 p.m. and reconvened the
meeting at 8:44 p.m.
NEW BUSINESS
1. WORKSESSION REVIEW OF DRAFT AMENDMENTS TO GENERAL
PROVISIONS AND ADMINISTRATIVE SECTIONS OF TITLE 9 LAND USE
CODE (CODE AMENDMENT 04-01)
Mr. Apple said that staff and the City Attorney are available to answer questions.
Vice Chairman Cohen asked for black strike through of language going out and
red or blue in the replacement wording.
Mr. Apple said that he discussed with Molly Bogh her recommendations to make
the procedures more user friendly.
Commissioner Ratcliffe asked if pages 10 through 13 are all new. Mr. Apple said
some wording has been relocated from other sections. Mr. Retterer said much of
the new language has been formatted from the flow chart figures which are no
longer included.
Planning Commission Minutes 7 April 24, 2007
Chairman Cardoza asked if Ms. Bogh could walk the Planning Commissioners
through the wording. Mr. Apple offered to set up a conference call with Ms. Bogh
at a Planning Commission meeting.
COMMISSION/STAFF COMMENTS
Vice Chairman Cohen said that if, in fact, Tannins Restaurant was for sale or in
escrow when it came before the Planning Commission, that fact should have
been disclosed.
Commissioner Neely voiced displeasure regarding the extremely large wall -
mounted lighting fixtures at the law offices being built next to the kennels on
Ortega Highway, the butchering of trees and shrubs along the freeway frontages
of the Ortega Business Plaza and church in the Gates building area, and the
building with the hole in it.
Commissioner Ratcliffe suggested notifying everyone in the Native American
community of projects of potential interest to the Native American community.
Commissioner Ratcliffe voiced concern with the extensive tree trimming along
the Ortega Business Center.
Chairman Cardoza said the condition stated that the pet care lighting be the
same as the lighting of the adjacent new building.
Chairman Cardoza said that at the DRC meeting Steve said that the Ortega
Ranch building with the hole in the roof is to be completed this week. Mr. Apple
said that staff will look into this situation.
Chairman Cardoza spoke with Joe Drey this morning who is retiring.
ADJOURNMENT
There being no further business before the Commission, the meeting was
adjourned at 9:12 p.m.
The next regular meeting is scheduled for Tuesday, May 8, 2007, at 7:00 p.m. in
the Council Chambers.
Approved:
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Steve pple, Plan Dee'