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PC Minutes-2007-06-1232400 PASEO ADEL.ANTO 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, JUNE 12, 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 7:05 p.m., followed by the Pledge of Allegiance to the Flag. Chairman Cardoza asked for a moment of silence in memory of Tony Forster, who passed on June 12, 2007. ROLL CALL Commissioners Present: Robert Cardoza, Chairman Sheldon Cohen, Vice Chairman Tim Neely Gene Ratcliffe Commissioners Absent: None Staff members in attendance: Steve Apple, Planning Director; Jason Retterer, Deputy City Attorney; Molly Bogh, former Planning Director; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS Chairman Cardoza welcomed Councilman Thomas Hribar to the meeting. 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 100% recycled paper PC Meeting Minutes 2 June 12, 2007 1. APPROVAL OF PLANNING COMMISSION MINUTES OF MAY 22 2007 2. ARCHITECTURAL CONTROL (AC) 06-12; MEXICO LINDO-VAQUERO WEST (ADDITION/REMODEL): reaffirm the action taken on May 22, 2007 to deny a request for review of architectural plans to expand the existing two-story, 4,146 square foot commercial building located at 26755 Verdugo Street, and approve the draft Resolution of Denial. (Applicant: Eric Altman)(Project Manager: David Contreras, Associate Planner). 3. TREE REMOVAL PERMIT (TRP) 07-64; reaffirm the action taken on May 22, 2007 to deny an application to remove one (1) Eucalyptus (Red Ironbark) tree with a diameter of thirty (30) inches and approve the draft Resolution of Denial. (APN 668-082-02) (Applicant: Sycamore Plaza) (Project Manager: David Contreras). Vice Chairman Cohen moved approval, seconded by Commissioner Neely, of the Consent Calendar. The motion passed by a vote of 3-0-1 with Commissioner Ratcliffe abstaining due to her absence at the May 22, 2007 Planning Commission meeting. PUBLIC HEARINGS None. OLD BUSINESS 1. CONTINUED WORK SESSION ON LAND USE CODES (GUEST SPEAKER FORMER PLANNING DIRECTOR MOLLY BOGH) Ms. Bogh reviewed the purpose of writing the land use code amendments and the objectives of Chapters 9-1 and 9-2, as outlined on a one-page handout presented to the dais. She said that most of the changes are not substantive but are intended to save time for both staff and applicants by streamlining procedures and clarifying code sections. Chairman Cardoza asked how the process can be expedited. Mr. Apple said there is a backlog of CIP and private sector projects, and suggested that Ms. Bogh continue working on the revisions. Mr. Retterer said the office of the City Attorney will continue to review the amendments from a legal standpoint. Mr. Apple suggested a special meeting in July, a Planning Commission public hearing in August, and a City Council public hearing in September. Vice Chairman Cohen asked that the Planning Commissioners receive the paperwork two or three weeks before the meeting, and asked if the signage revisions will be included. Mr. Apple said the paperwork can be provided in a timely manner. Ms. Bogh said the sign permit and program provisions are PC Meeting Minutes 3 June 12, 2007 included. Mr. Apple said the 45 -day sign urgency ordinance may be extended at an upcoming Council meeting. Ms. Bogh clarified the following land use approval terms: 1. Discretionary actions: the reviewing authority approves or denies based on findings. 2. Ministerial actions are handled at the counter. 3. Quasi-judicial actions: the decision makers weigh evidence in the record. 4. Legislative actions are policy decisions that may or may not have required findings for approval. 5. Minor project: staff has discretion to approve. 6. Major project: Planning Commission, City Council, or both, have discretion to approve. 7. Council Policy 418 related to Capital Improvement Project (CIP) review in the City, has been included in the code amendments. Ms. Bogh discussed in detail changes to Chapters 1 and 2, including general provisions, notification procedures, and the duties of the Zoning Administrator and Planning Director. Commissioner Neely said the concept regarding preliminary development review may be too open-ended if an applicant relies on staff review prior to the project being reviewed at the DRC or Planning Commission. Ms. Bogh referred to (c) on page 9 and said that preliminary review by five or six departments meeting with applicants has been valuable in weeding out unworkable projects and identifying issues early in the process. As a result of meetings with staff, applicants may decide to modify the project to meet City standards, which expedites processing after formal submittal of the application. Ms. Bogh introduced the term "inaugurated" on page 11 (m) (1) and added an option for a Pre -construction conference (n), and final clearance for the conditioned compliance (o). Commissioner Neely asked for a clear description of the level of detail required for application submittal, and a flow chart showing each step in the process. Ms. Bogh said that handouts with submittal requirements and flow charts are provided at the counter, but these are not proposed to be included in the zoning ordinance because internal procedures are determined by the Director and are subject to change. Chairman Cardoza and the Commissioners asked to discuss the New Business item at this point in the meeting. NEW BUSINESS PC Meeting Minutes 4 June 12, 2007 1. INITIAL THOUGHTS/COMMENTS ON REVAMPING/ALTERNATIVES TO PRESENT REVIEW PROCESS. Mr. Apple said staff has outlined four options to consider, to address the concern that policy issues on pending applications are not being resolved early enough in the review process: 1) business as usual (no change), 2) changing the order of DRC and PC meetings to deal with policy issues prior to design issues, 3) Merging the DRC and PC, and 4) Intermittent or Regular Joint DRC/PC meeting. Vice Chairman Cohen suggested that projects be preliminarily reviewed by the Planning Commission for land use and compatibility determinations prior to consideration by the DRC for design issues. Commissioner Neely said that in the past the Planning Commission became very involved with architectural review and the approval process got bogged down in minutiae; in addition, the final design of buildings was often not well coordinated. Commissioner Neely suggested a four step process: 1) preliminary staff review at the Development Advisory Board to address technical issues; 2) preliminary DRC review to address large-scale design issues such as building massing and site layout; 3) Planning Commission review of land use compatibility and policy issues, leading to a decision on the application and adoption of conditions of approval requiring detailed design review of final design plans; and 4) DRC review of detailed final design plans, including lighting, landscaping, colors and materials. Commissioner Neely also voiced concern that Engineering design standards should be flexible and should consider policy direction from the Planning Commission and DRC regarding design. Commissioner Neely suggested that if the Planning Director identifies major issues on projects related to land use, circulation, density or other policies early in the review process, the Planning Director forward that application to the Planning Commission for a workshop discussion to get preliminary input. Ms. Bogh said the language in the draft code could be refined in (f) on page 3 to incorporate this suggestion. Chairman Cardoza suggested that Planning Commissioners be advised of items to be addressed by the DRC. Mr. Apple said Planning Commissioners could be provided direct links to agendas on the City website, and the spreadsheet summary of the pending applications maintained by the Planning Department can be distributed to them. Ms. Bogh summarized what appeared to be the suggested direction.. staff and the Development Advisory Board review technical issues such as sewer, drainage, and roads; DRC reviews scale, massing, and architectural style; Planning Commission reviews land use and policy issues and adds Conditions of Approval; and DRC reviews the final landscaping, materials, and colors. PC Meeting Minutes 5 June 12, 2007 The consensus acceptable and handouts. of the Planning Commission was that this process was should be reflected in the Land Use Code and application Eric Altman, 102 Lattice, Irvine, owner of Vaquero West building, voiced frustration with the denial of his land use application at a previous meeting, stating he had spent substantial time in the review process and worked with City staff, City Council, DRC, and Cultural Heritage Commission. Commissioner Ratcliff said that implied agreement from staff members can lead to misunderstandings by applicants, and asked if information is given to the applicants to show the entire approval process. Ms. Bogh said flow charts are included in the brochures on the counter. Ms. Bogh said that both staff and the DRC have the authority and responsibility to forward policy items to the Planning Commission for initial review when appropriate. Chairman Cardoza called for a recess at 9:30 p.m., reconvened the meeting at 9:40 p.m., and asked for a return to the balance of the presentation on land use code amendments. OLD BUSINESS (continued) 1. CONTINUED WORK SESSION ON LAND USE CODES (GUEST SPEAKER FORMER PLANNING DIRECTOR MOLLY BOGH) (continued) Ms. Bogh reviewed the Amendment of the General Plan changes on page 15 and the Amendment of the Land Use Code changes on page 16 and 17. Vice Chairman Cohen asked if a Planning Commissioner could appeal a decision of the Planning Commission. Ms. Bogh said that according to (h) on page 17, a Planning Commissioner as a citizen would have the right to file an appeal, although that is not a common occurrence. Ms. Bogh said the appeal hearing is a de novo hearing. Ms. Bogh said new wording was added to Architectural Control (AC) review (2) and (5) on page 18. Commissioner Neely voiced concern regarding AC review of all subdivisions and single family dwellings. Ms. Bogh said language can be added to the tentative tract maps section regarding AC review, and that she can work with staff on the process for independent builders. Ms. Bogh said new wording was added to the findings (c) on page 19. PC Meeting Minutes 6 June 12, 2007 Commissioner Neely voiced concern that wording in (c) (6) on page 19 puts a burden on the Planning Commission to prove a negative as opposed to a burden on the applicant to prove a positive. Ms. Bogh suggested revising the wording to make it more affirmative. Commissioner Neely offered to provide wording used by the County. Ms. Bogh referred to (e) on pages 19 and 20, allowing the Zoning Administrator to grant 'extensions of time for an AC up to twelve months per request if there have been no changes. If there have been changes, the extension request would go back to the Planning Commission. Ms. Bogh referred to wording added in (d) and (e) on page 21. Commissioner Neely asked for clarification of the legal non -conforming use language in (g) on page 24. Mr. Retterer said he would review the legal non- conforming provisions of the Code relative to this section, and work with Ms. Bogh and Mr. Apple regarding language. Commissioner Neely asked that "Revocation" be the first word in (k) on page 25, and that the term "fraud" in (ii) on page 25 be replaced with another word. Mr. Retterer suggested wording such as "misrepresentations on applications." Commissioner Neely asked that (1) on page 25 be removed and voiced concern regarding compliance with Department of Interior standards wording as a mandatory requirement, stating that these standards may be used as guidelines. Vice Chairman Cohen asked'that signage be included in (3) on page 34. Ms. Bogh referred to changes made on pages 26 through 43. Chairman Cardoza referred to (c) on page 12 and said that Councilman Hribar mentioned that City Council will soon decide on a radius increase from 500 ft. to 1000 ft. for notice to residents near a proposed project. Mr. Apple said that change may be made at a forthcoming Council meeting after discussion as to required notification for minor versus major improvements. Mr. Apple suggested that a Special Planning Commission meeting be held on July 12 or 26 if Ms. Bogh is available. Ms. Bogh recommended discussing the subdivision section also, and if Engineering staff are here for the discussion on Capital Projects, they could be here for the discussion on subdivisions. Mr. Apple said if a comprehensive wrap-up is achieved at the special meeting, we could then look at tentative dates for a Planning Commission Public Hearing and a subsequent City Council Public Hearing. PC Meeting Minutes 7 June 12, 2007 Chairman Cardoza said that tremendous strides have been made this evening and thanked Ms. Bogh and Mr. Apple for arranging the work session. Mr. Apple said he appreciates Ms. Bogh's help. COMMISSION/STAFF COMMENTS Mr. Apple said that he and Chairman Cardoza would be assisting the City Council in considerations for a new Planning Commissioner, that former Planning Commissioner Joe Drey will be recognized at the June 19 Council meeting, and announced that a new Assistant Planning Director, Mr. Grant Taylor, would be joining the Planning Department in July. Vice Chairman Cohen said he would like to see a smoking ban initiated at outdoor dining facilities in town. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 10:45 p.m. The next regular meeting is scheduled for Tuesday, June 26, 2007, at 7:00 p.m. in the Council Chambers. Approved: r Steven A. Apple, Planning Director