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PC Minutes-2006-01-10SSA 2400 PASEO A13ELANTO N JUAN CAPISTRANO, CA 92$75 ' (949) 493-1171 (949) 493-1053 FAx ,> f wwtirr.sonjuancapistrano.org 2 CALL TO ORDER ® • t�worl • jrenrrarlusr ' rsnnisXro �• 1461 1776 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 M 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 51 It)