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PC Minutes-2007-10-0932400 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, OCTOBER 9, 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 7:09 p.m., followed by the Pledge of Allegiance to the Flag. Rnl I CAI I Commissioners Present: Robert Cardoza, Chairman Sheldon Cohen, Vice Chairman Ginny Kerr Tim Neely Gene Ratcliffe Commissioners Absent: None Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; Molly Bogh, Planning Consultant; 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 Future `a Printed on 100% recycled paper PC Meeting Minutes 2 October 9, 2007 1. APPROVAL OF PLANNING COMMISSION MINUTES OF SEPTEMBER 11, 2007. Consent Calendar: Vice Chairman Cohen moved approval of the Consent Calendar, seconded by Commissioner Kerr. The motion passed by a vote of 5-0. Mr. Taylor mentioned the following handouts that were distributed: a packet from Mammoth Equities regarding Mammoth sign programs, documentation from citizens Lennie DeCaro, Yvonne Tschaikowsky, and the Chamber of Commerce. Chairman Cardoza asked for and received approval by Commissioners to allow a staff request to consider New Business Items first. NEW BUSINESS 1. TREE REMOVAL PERMIT (TRP) 07-108, BELFORD TERRACE TRAIL: AN APPLICATION TO REMOVE SIX (6) BLUE GUM EUCALYPTUS TREES WITH A DIAMETER OF 24 TO 36 INCHES. THE SUBJECT TREES ARE LOCATED WITHIN AN EQUESTRIAN EASEMENT ON THE NORTH SIDE OF THE BELFORD TERRACE EQUESTRIAN TRAIL WHICH LINKS THE RANCHO MADRINA TRAIL SYSTEM TO THE SAN JUAN CREEK TRAIL SYSTEM. THE AREA IS GENERALLY LOCATED 200 FEET NORTH OF ORTEGA HIGHWAY ALONG THE TRAIL EASEMENT (APN 650-19-223) (APPLICANT: CITY OF SAN JUAN CAPISTRANO) Written Communications October 9, 2007 Applicant City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Taylor presented the staff report and recommended adoption of a resolution approving a permit for the removal of six (6) Blue Gum Eucalyptus trees, based on the findings required by Section 9-2.349 of the Land Use Code. Commissioner Questions and Comments Vice Chairman Cohen said that although he is a resident of Belford Terrace, he can hear the matter and vote on it since he lives outside of the area of potential conflict. Vice Chairman Cohen asked if there is a reason replacement trees are not recommended. Public Works representative Jack Galavez, 27212 Puerta Vallarta, Mission Viejo, said there is no tree replacement recommended subject to erosion control measures. PC Meeting Minutes 3 October 9, 2007 Commissioner Ratcliffe asked what measures would be taken to control erosion. Mr. Galavez said that coconut wattle will be used this winter. Public Comments Ilse Byrnes, 30500 Hilltop Way, spoke in favor of tree removal. Dan Angel, 31261 Belford Drive, spoke in favor of removal of the three trees at the bottom of the trail, and in opposition to removal of the three trees on the upper end of the trail. Commissioner Questions and Comments Vice Chairman Cardoza asked that a policy be established to replace trees that are removed by the City. Commissioners concurred that there is a need for additional information regarding the three trees on the upper trail and for planned erosion control measures. Motion Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to adopt Resolution 07-10-9-1 approving a tree removal permit for three (3) Eucalyptus (Blue Gum) trees located at the lower end top of an equestrian easement along the Belford Terrace trail, and if Public Works feels the three (3) upper trees should be removed, the Planning Commission would consider removal of the lower trees at a future meeting subject to an arborist report and replanting or erosion control plan (APN 650-019-223)(City of San Juan Capistrano). The motion passed by a vote of 5-0. 2. TREE REMOVAL PERMIT (TRP) 07-109 MISSION SPRINGS LANDSCAPE MAINTENANCE DISTRICT: AN APPLICATION TO REMOVE 9 (NINE) SUGAR GUM EUCALYPTUS TREES AND 1 (ONE) SILVER DOLLAR GUM EUCALYPTUS TREE LOCATED WITHIN A LANDSCAPE EASEMENT ON THE WEST SIDE OF AVENIDA SIEGA GENERALLY LOCATED 700 FEET SOUTH OF ORTEGA HIGHWAY (APPLICANT: CITY OF SAN JUAN CAPISTRANO FOR MISSION SPRINGS LANDSCAPE MAINTENANCE DISTRICT). Written Communications October 9, 2007 Applicant City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Staff presentation & recommendation PC Meeting Minutes 4 October 9, 2007 Mr. Taylor presented the staff report and recommended adoption of a resolution approving a permit for the removal of nine (9) Sugar Gum Eucalyptus trees and 1 (one) Silver Dollar Gum Eucalyptus tree, based on the findings required by Section 9-2.349 of the Land Use Code. Arborist Michael Mahoney, 3300 Marcus Avenue, Newport Beach, said that five years ago limbs were falling from the trees, and that the trees are a perpetual maintenance challenge. Commissioner Questions and Comments Commissioner Ratcliffe asked for clarification regarding the Liquid Ambar and Pear trees. Mr. Mahoney said he believes that eventually the Liquid Ambar and Pear trees could present a different set of challenges. Chairman Cardoza asked if replacement trees are recommended. Mr. Mahoney said there is no need to plant replacement trees due to the other existing trees. Public Comments Mark Speros, 28482 Via Ordaz, spoke in favor of the tree removal. Commissioner Questions and Comments Commissioner Ratcliffe voiced concern regarding poor tree trimming and maintenance procedures of City subcontractors. Vice Chairman Cohen expressed appreciation for the great job Public Works did on the Belford Terrace entry a couple years ago. Motion Commissioner Neely moved, seconded by Vice Chairman Cohen, to adopt Resolution 07-10-9-2 approving a tree removal permit for 9 (nine) Sugar Gum Eucalyptus trees and 1 (one) Silver Dollar Gum Eucalyptus tree located within a landscape easement on the west side of Avenida Siega (City of San Juan Capistrano for Mission Springs Landscape Maintenance District). The motion passed by a vote of 5-0. PUBLIC HEARINGS 1. CODE AMENDMENT (CA) 07-01: AN AMENDMENT TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE (TITLE 9) SIGN PROVISIONS SET FORTH IN SECTION 9-3.543, TABLE 3-42, PERTAINING TO REGULATIONS FOR MONUMENT SIGNS, BUILDING MOUNTED SIGNS, VIEW CORRIDORS AND OFFICE PARKS. (APPLICANT: CITY OF SAN JUAN CAPISTRANO). Written Communications October 9, 2007 PC Meeting Minutes 5 October 9, 2007 Applicant City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Staff presentation & recommendation Mr. Taylor presented the staff report and recommended adoption of a resolution recommending that the City Council approve the Mitigated Negative Declaration and an amendment to Section 9-3.543 Table 3-42 of the San Juan Capistrano Municipal Code. In addition, identify specific issues and recommendations to the City Council to have staff perform a comprehensive update of the entire sign code for future consideration. Commissioner Questions and Comments Vice Chairman Cohen asked for one sign per building per tenant rather than one sign per exposure. Mr. Taylor said the wording could be revised. Chairman Cardoza asked for clarification of the Urgency Ordinance and CEQA Mitigated Negative Declaration requirements. Mr. Retterer said his office supports Negative Declaration mitigation measures that reduce the impacts. Vice Chairman Cohen suggested amending the Code Section and asked for clarification of Planning Commission discretionary findings. Mr. Retterer said that Article 2 of Chapter 9 sets forth sign procedures subject to discretionary findings that the Planning Commission could make of less than maximum square footages. Public Hearinq Laura Freese, 26332 Paseo Toscana, presented to the dais an October 9, 2007 letter from the San Juan Capistrano Chamber of Commerce opposing prohibition of 1) tenant signs facing the street, 2) signs visible to the 1-5 freeway, and 3) illumination for non-commercial signs. Dr. James Sears, 29341 Spotted Bull Way, asked that the character of San Juan be preserved. Jeff Sewell, 29536 Spotted Bull Lane, spoke in favor of business park monument signs and in limiting signage and lighting. Bob King, 29422 Spotted Bull Way, President of Save Our San Juan, said that the initial study and the Mitigated Negative Declaration are invalid, and asked for no lighted signage along the 1-5 freeway. Yvonne Tschaikowsky, 27367 Paseo Placentia, voiced concern regarding proposed projects including Koll San Juan, Endevco, Center Pointe, Ventana Business Park, Destricto La Novia, and Toyota on Camino Capistrano, and a PC Meeting Minutes 6 October 9, 2007 proposed hotel at the 1-5 freeway and Ortega. She asked for a commercial sign and lighting policy that will preserve the rustic small town ambiance of San Juan. Richard Boyer, resident of San Clemente, said the City of San Clemente is being sued regarding the Marblehead Outlet signage, and said the region will benefit by San Juan lessening the impact of signage. Bob Messersmith, 29301 Spotted Bull Way, spoke in favor of updating the zoning amendment, lessen the signage lighting and set standards for evaluating lighting intensity. Joe Cardello, 29392 Spotted Bull Way, said the fewer lights the better. Carol Soto, 29311 Spotted Bull Way, asked for preservation of the Spotted Bull equestrian development with no lighting. Commissioner Questions and Comments Vice Chairman Cohen said he wanted to make sure that the public knows that although lighting is part of signage, lighting will be addressed at a later date. Mr. Taylor said the specific lighting intensities are not addressed tonight. Commissioner Neely said that he will not be supporting the staff recommendation even though the report includes recommendations for further study. Commissioner Neely said he is not in favor of signage along the freeway frontage except for hotels and gas stations. Commissioner Ratcliffe requested a timeline for addressing the sign ordinance. Commissioners concurred that the Interim Urgency Ordinance should be extended in order for a comprehensive sign ordinance to be developed. Mr. Taylor said a comprehensive sign ordinance would take six to eight months. Mr. Neely objected to the language, "All signs utilize neutral or earth tone colors consistent with the building architecture." Mr. Taylor suggested removing that sentence. Motion Commissioner Kerr moved, seconded by Chairman Cardoza, to adopt Resolution 07-10-9-3 recommending that the City Council approve the Mitigated Negative Declaration and revised sign standards with the stipulation to remove the language "All signs utilize neutral or earth tone colors consistent with the building architecture" from Table 3-42 in Section 9-3.543. In addition, that staff forward a recommendation to initiate a comprehensive update of the entire Sign Code. Staff will establish and bring to the future Planning Commission meeting a timeline for addressing the sign ordinance in further detail for review at a Planning Commission meeting in December 2007. PC Meeting Minutes 7 October 9, 2007 The motion passed by a vote of 3-2, with Commissioner Neely and Vice Chairman Cohen opposed. Chairman Cardoza called for a recess at 9:08 p.m. and reconvened the meeting at 9:21 p.m. 2. REZONE (RZ) 07-003, ARCHITECTURAL CONTROL (AC) 07-021 MAMMOTH EQUITIES: REQUEST TO APPROVE A SIGN PROGRAM FOR MAMMOTH EQUITIES PROPERTY THAT WOULD AMEND COMPREHENSIVE DEVELOPMENT PLAN (CDP) 90-2 AND ARCHITECTURAL CONTROL (AC) 03-09. THE THREE (3) APPLICATIONS INCLUDE: (1) AN AMENDMENT TO THE COMPREHENSIVE DEVELOPMENT PLAN TO ALLOW SIGN PROGRAMS FOR PROJECTS IN THE CDP AREA; (2) A NEW SIGN PROGRAM FOR THE MAMMOTH EQUITIES PROJECT; AND (3) TWO FREE- STANDING MONUMENT SIGNS. THE PROJECT SITE IS LOCATED AT 29122 & 29222 RANCHO VIEJO ROAD IN THE PC (PLANNED COMMUNITY) ZONE ON THE EAST SIDE OF RANCHO VIEJO ROAD BETWEEN VIA ESCOLAR AND SPOTTED BULL LANE (APN 650-011-32) (APPLICANT — PROPERTY OWNER: MAMMOTH EQUITIES LLC). Written Communications October 9, 2007 Property Owner Mammoth Equities LLC, 20532 EI Toro Road, Mission Viejo, CA 92692 Applicant Joseph Holasek, Noble Onufer Associate Architects, 2398 San Diego Avenue, San Diego, CA 92110 Staff presentation & recommendation Mr. Taylor presented the staff report and recommended certification of the Mitigated Negative Declaration and adoption of a resolution approving Rezone (RZ) 07-003 and Architectural Control (AC) 07-021 to include: (1) an amendment to the Comprehensive Development Plan to allow sign programs for projects in the CDP area; (2) a sign program for Mammoth Equities; and (3) two free- standing monument signs for the entrance to Mammoth Equities. Mr. Retterer said the City Attorney's office said the alternative resolution allows the Planning Commission to approve just the Mammoth sign application rather than the over-all framework for signs for the other properties. Michael Seitzer, Executive Vice President, Mammoth Equities, said this is the 20th hearing and asked that the item be approved. PC Meeting Minutes 8 October 9, 2007 Kent Ahlering, Mammoth Equities, 29222 Rancho Viejo Road, said that the DRC approved the monument signs, with conditions, in April 2005, the City Council appealed the Planning Commission approval of the monument signs in 2006, and the green sign permits were revoked by the City Council in 2007. Mr. Ahlering said there are health and safety issues, leasing and rent constraints, strained tenant relations due to this delay in project identification, and requested approval of one building mounted sign per building and two monument signs at the single point of entry. Mr. Ahlering showed photographs of the signage at night, samples of 40 sq. ft. versus 60 sq. ft. wall signs, and provided sample 28 inch brushed aluminum halo lit lettering. Public Hearinq Ilse Byrnes, 30500 Hilltop Way spoke in opposition to the sign size and proposed lighting. Bob King, 29422 Spotted Bull Lane, President of Save Our San Juan, spoke in opposition to the proposal. Marion Costello, 32190 Via Barrida, spoke in opposition to the proposal. Laura Freese, 26332 Paseo Toscana, spoke in opposition to the proposed lighting. Dr. James Sears, 29341 Spotted Bull Way, spoke in opposition to the proposal. Bob Messersmith, 29301 Spotted Bull Way, spoke in opposition to the proposal and said there is a need for lighting intensity guidelines. Jeff Sewell, 29536 Spotted Bull Lane, spoke in opposition to night lighting and freeway exposure signs. S. Glenn Eichler, 30448 Rancho Viejo Road, #110, spoke in support of the proposal and recommended approval. Yvonne Tschaikowsky, 27367 Paseo Placentia, spoke in opposition to the proposal, and said she prefers the 40 sq. ft. signage. Monica Mukai, 26711 Verdugo and 31712 Los Rios Street, spoke in support of the proposal and presented to the dais a letter from the Chamber of Commerce in support of tenant visibility signage including signage visible to the 1-5 freeway, and lighting for safety. Bob King, 29422 Spotted Bull Lane, spoke in opposition to the proposal and asked for clarification of the 8 sq. ft. signs. Mr. Taylor said that the proposed signs by Mammoth are building -mounted identification signs, and that Individual PC Meeting Minutes 9 October 9, 2007 tenants in the interior courtyards could have 8 sq. ft. maximum sign per building space. Mr. Ahlering showed photographs of sign lighting and showed a sample of 12 volt LED illuminated sign lettering. Vice Chairman Cohen asked the number of tenants in the northerly building and the southerly building. Mr. Ahlering said there are 36 tenants in the northerly building and 54 tenants in the southerly building. Commissioner Questions and Comments Commissioner Ratcliffe said that she is concerned that the lighting could affect the City and said that she favors the 40 sq. ft. maximum building signage. Commissioner Kerr asked that the building signs be limited to 40 sq. ft. Vice Chairman Cohen said there needs to be a comprehensive review of the sign code. Commissioner Neely said he can't support the proposal. Motion Vice Chairman Cardoza moved, seconded by Commissioner Kerr, approval of Optional City Attorney Resolution 07-10-9-4 to limit the approval of an Amendment to Comprehensive Development Plan CDP 90-2 and Architectural Control AC 03-09 for only the Mammoth Professional Buildings located at 29122 and 29222 Rancho Viejo Road (APN 650-011-32). The motion passed 4-1, with Commissioner Neely opposed. Vice Chairman Cardoza moved, seconded by Vice Chairman Cohen, approval of Resolution 07-10-9-5 approving the Mammoth sign program to provide for the following: • One building -mounted sign on each building, with the south building sign at 40 square feet and the north building sign at 40 square feet, with no lighting. • Two free-standing monument signs with each on either side of the entry drive with an aggregate area of 48 square feet (i.e. 24 square feet each). • One vehicle directional sign on a cement pilaster, totaling 2.5 square feet in area, 4'6" in height, with materials, colors and design similar to match the monument signs. The motion passed 4-1, with Commissioner Neely opposed. 3. CODE AMENDMENT (CA) 07-02: AN AMENDMENT TO THE SAN JUAN CAPISTRANO MUNICIPAL CODE (TITLE 9) PERTAINING TO ZONING PROCEDURES, STANDARDS, DEFINITIONS, SUBDIVISIONS, CAPITAL IMPROVEMENT PROJECT REVIEW, TREE REMOVAL PERMIT VIOLATIONS AND PENALTIES.\. THE AMENDMENTS INCLUDE THREE CHAPTERS OF PC Meeting Minutes 10 October 9, 2007 THE LAND USE CODE AND DEFINITIONS INCLUDING SECTION 9-1.101 THROUGH 9-2.401 (ADMINISTRATION), 9-4.101 THROUGH 9-4.404 (SUBDIVISIONS) AND APPENDIX (DEFINITIONS). THE INTENT OF THE CODE AMENDMENT IS TO PROVIDE CLARIFICATION OF LANGUAGE, CORRECT TYPOGRAPHICAL ERRORS AND CREATE CONSISTENCY. Written Communications October 9, 2007 Staff presentation & recommendation Mr. Taylor presented the staff report and recommended adoption of a resolution recommending that the City Council approve the Negative Declaration and amendments to Title 9 of the San Juan Municipal Code. Public Hearinq Lennie DeCaro, 30987 Steeple Chase Drive spoke in opposition to the proposal, so as not to risk the loss of a potential lawsuit with Caltrans. Commissioner Questions and Comments Vice Chairman Cohen said he would like the opportunity to review the document in detail. Motion Vice Chairman Cohen moved, seconded by Commissioner Ratcliffe, to continue the Public Hearing to the Planning Commission meeting of October 23, 2007, to allow Planning Commissioners more time to review the comprehensive document. The motion passed by a vote of 5-0. OLD BUSINESS None. COMMISSION/STAFF COMMENTS Mr. Taylor handed out a matrix of planning and zoning applications that staff, boards, and commissioners are working on. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 11:32 p.m. The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, October 23, 2007 at 7:00 p.m. in the City Council Chambers. PC Meeting Minutes 11 October 9, 2007 Approved: Steven A. Appg, AICP Planning Director W- V