PC Minutes-2006-01-10SSA
2400 PASEO A13ELANTO
N JUAN CAPISTRANO, CA 92$75
' (949) 493-1171
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CALL TO ORDER
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MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, JANUARY 10, 2006
ED
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The meeting of the Planning Commission was called to order by Vice Chairman
Cardoza at 7:00 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present:
Commissioners Absent:
Robert Cardoza,
Sheldon Cohen
Joe Drey
Vice Chairman
Tim Neely, Chairman (excused)
Gene Ratcliffe (excused)
Staff members in attendance: Molly Bogh, Planning Director; Omar Sandoval,
Deputy City Attorney; Richard Greenbauer, Associate Planner; Sue McCullough,
Recording Secretary.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
Vice Chairman Cardoza removed the items from the Consent Calendar for
separate consideration.
1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF
NOVEMBER 8, 2005.
Minutes November 8, 2005: Commissioner Drey moved approval, seconded by
Commissioner Cohen, of the minutes of November 8, 2005. The motion passed
by a vote of 2-0-1, with Vice Chairman Cardoza abstaining.
M�
San Javan Capistrano: Pi eserving the Part to Enhance the Firtitre
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PC Meeting
61
QD January 10, 2006
2. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF
DECEMBER 13, 2005.
Minutes December 13, 2005: Vice Chairman Cardoza noted that consideration
would be continued until there is a sufficient quorum of those present at the
meeting of December 13, 2005.
OLD BUSINESS
1. Tree Removal Permit (TRP) 05-171, Czerwin Residence at 32131 Via
Alicia: An Application to remove one (1) Pine tree, with a diameter of twenty-
seven (27) inches and a height of approximately fifty (50) feet. The subject tree is
located within the rear yard of the property generally located north of Paseo
Manuel and west of Via Carlos. (APN 672-122-21)(Applicant: Mark Czerwin).
Continued from the Planning Commission meeting of December 13, 2005
Written Communications
Staff report dated January 10, 2006
Applicant
Mark Czerwin, 32131 Via Alicia, San Juan Capistrano, CA 92675
Staff gresentation & recommendation
Mr. Greenbauer presented the staff report as a continuance of an application to
remove one (1) Pine tree located at 32131 Via Alicia. Staff conducted a field
inspection and noted that the only visible damage were surface ruptures of the
tree's root system, limited growth under the tree due to the shade it creates, and
excessive defoliation of pine needles.
Mr. Greenbauer stated that on December 13, 2005, the Planning Commission
requested staff to provide additional analysis of the existing plant palette and
overall site conditions with respect to the subject pine tree. Nine photographs
were included in Commission packets showing existing conditions on site and in
the surrounding community. Staff recommends that the Tree Removal Permit
(TRP) be approved based on the fact that the applicant has preserved the
maximum number of trees on site and will be replacing the tree consistent with
conditions of approval and there will be no visual impact to the tree canopy of the
surrounding community.
Commissioner Q estions and Comments
Commissioner Cohen asked if there are guidelines as to what percentage of
trees need to be removed once the threshold is reached affecting the over-all
landscape theme. Mr. Greenbauer said no numerical values have been put
together in a code format.
PC Meeting ® 3 ® January 10, 2006
Vice Chairman Cardoza asked if there are approximately 18 trees on the site and
the over-all size of the lot. Mr. Greenbauer said the 18 trees are in the side and
rear yard and that the over-all size of the lot is approximately 10,000 sq. ft., the
majority of which is a slope area.
Public Meeting
Mark Czerwin, 32131 Via Alicia, presented additional photographs to the dais
and said grass and Cyprus trees cannot grow under the subject tree due to pine
needles and sap. Mr. Czerwin said that his children trip over the roots and the
pine needles wash down and clog the drainage system.
Vice Chairman Cardoza asked the purpose of planting the row of Cyprus trees.
Mr. Czerwin said he would like to continue the row of Cyprus trees along the
fence for landscape. screening.
Motion
Commissioner Drey moved, seconded by Commissioner Cohen, to approve
Resolution 06-1-10-1 confirming issuance of a categorical exemption and
approving a Tree Removal Permit for one Pine tree located at 32131 Via Alicia
(APN 672-122-21).
AYES: Commissioners Cohen and Drey, and Vice Chairman Cardoza
NOES: None
ABSENT: Commissioner Ratcliffe and Chairman Neely
ABSTAIN: None
The motion passed by a vote of 3-0.
PUBLIC HEARINGS
None
COMMISSIONISTAFF COMMENTS
Commissioner Drey referred to large garishly painted windows on Calle Perfecto.
Ms. Bogh said that the sign ordinance allows temporary window signage on 25
percent of a window and staff will follow through with code enforcement.
Vice Chairman Cardoza asked if fines could be assessed for sign violations. Ms.
Bogh said that the City does not have an administrative citation system, which
would involve the expense of hiring an administrative hearing officer and clerical
PC Meeting
4
•ia�s
January 10, 2006
staff. The City has to send cases to the Court and use the adopted bail schedule
that the Court uses.
Vice Chairman Cardoza asked how some level of enforcement could be
provided. Ms. Bogh said that monitoring illegal signage is a constant enforcement
issue. Mr. Sandoval said if no compliance occurs after additional letters are sent,
a misdemeanor complaint would be filed in the Court. Ninety percent of the cases
are settled in a pre-trial arraignment. The judge has 100 percent authority over
the misdemeanor penalty ranging from zero to $1,000 fine and/or six months in
jail. Judges don't like to see municipal -type cases, and many times a judge will
give a $50 or $100 fine.
Commissioner Cohen asked if the vehicle used for a sign could be cited due to
exceeding a 3- or 4 -hour parking limit in a parking lot. Mr. Sandoval said the car
can be towed on City -owned property. On private property under State law the
property owner has to be there to request that the car be towed. Ms. Bogh said
that she will show the two new temporary code enforcement officers the window
signs and vehicle signs.
Vice Chairman Cardoza asked if the City hired Hunt Design for the directional
sign program. Ms. Bogh said staff has been working with Hunt Design on the
project and will hold a public meeting regarding preferred signs including
pedestrian -oriented signs directing pedestrians around the downtown area and
historic sites.
Commissioner Cohen asked if Capistrano Ford requested approval for signs for a
huge sale. Ms. Bogh said they applied for and received a Special Event Permit.
Commissioner Cohen said there were banner signs, twirling signs, and hundreds
of little stick signs. Ms. Bogh said that she would check into what was approved.
Mr. Greenbauer said that attention -gathering devices are prohibited by code and
that twirling and spinning lights are illegal.
ADJOURNMENT
There being no further business before the Commission, the meeting was.
adjourned at 7:27 p.m.
The next regular meeting is scheduled for Tuesday, January 24, 2006, at 7:00
p.m. in the Council Chambers.
Approved:
MOIR!
Mt, _1 s -Director
APPROVt i
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