PC Minutes-2006-03-1402400 PASEO ADELANTO
SAN JUAN CAPISTRANO. GA 92675
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CALL TO ORDER
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1776
MINUTES OF THE MEETING
OF THE
PLANNING COMMISSION
TUESDAY, MARCH 14, 2006
0
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 Chairman Neely at
7:05 p.m., followed by the Pledge of Allegiance to the Flag.
ROLL CALL
Commissioners Present: Tim Neely, Chairman (arrived 7:09 p.m.)
Robert Cardoza, Vice Chairman
40 Sheldon Cohen
Joe Drey
Gene Ratcliffe
Commissioners Absent: None
Staff members in attendance: Molly Bogh, Planning Director; Omar Sandoval, Deputy
City Attorney; William Cunningham, Contract Planner; Sam Shoucair, Senior Engineer;
David Contreras, Associate Planner; Teri Delcamp, Historic Preservation Manager; Sue
McCullough, Recording Secretary.
ORAL COMMUNICATIONS
Angela Duzich, 31372 Don Juan Avenue, asked that the Planning Commission agendas
be posted on the City's website. Ms. Bogh said that the agendas should have been
posted on the website, and that she would check into it.
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 Pnntea an ragcled paper
PC Meeting • 2 arch 14, 2006
Commissioner Cohen suggested that the minutes be taken separately for consideration
due to Commissioner absences at the meetings.
1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY
10, 2006.
Minutes January 10, 2006: Commissioner Cohen moved approval, seconded by
Commissioner Drey, of the minutes of January 10, 2006. The motion passed by a vote
of 3-0-1, with Commissioner Ratcliffe abstaining.
2. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF JANUARY
24, 2006.
_Minutes January 24, 2006: Commissioner Drey moved approval, seconded by
Commissioner Ratcliffe, of the minutes of January 24, 2006. The motion passed by a
vote of 3-0-1, with Commissioner Cohen abstaining.
Ms. Bogh said the minutes will be corrected to reflect the absence of Commissioner
Cohen.
3. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF
FEBRUARY 14.2006.
Minutes February 14, 2006: Commissioner Cohen moved approval, seconded by
Commissioner Ratcliffe, of the minutes of February 14, 2006. The motion passed by a
vote of 3-0-2, with Chairman Neely and Commissioner Drey abstaining.
Ms. Bogh said there is a request to change the agenda by moving up Item I,
Commission/staff comments, in order to respond to questions regarding a grading issue
in the Whispering Hills area. Mr. Shoucair said that Tim Lawson, the City's consultant,
Geotechnical Engineer and Geologist, who is on the site daily, is present to answer any
questions.
Tim Lawson, President, Lawson Associates, Geotechnical Consultant, introduced Katie
Maze, Geologist on the project. Chairman Neely asked if the landslide is within the
footprint of what was approved to be mass graded. Mr. Lawson said it is well within the
footprint of the approved grading plan and it is a backup failure after an excavation of
the toe of the slope. Chairman Neely asked on behalf of people at the landfill if Mr.
Lawson feels confident with the geotechnical work already done. Mr. Lawson said this
particular landslide gives no cause for concern with respect to the landfill or to the
surrounding area, that the excavations will be done in such a way to reduce the
possibility of failures, that significant measures are being taken to stabilize the power
lines, and that Edison and SDG&E have independent geotechnical consultants
reviewing Whispering Hills.
C
WPC Meeting 3 arch 14, 2006
is PUBLIC HEARINGS
1. CONDITIONAL USE PERMIT (CUP) 05-06, ARCHITECTURAL CONTROL (AC)
05-03, TREE REMOVAL PERMIT (TRP) 04-169: THE VILLA WEDDING VENUE, A
REQUEST FOR APPROVAL OF A WEDDING AND SPECIAL EVENT FACILITY
INVOLVING INSTALLATION OF A COMMERCIAL KITCHEN AND MINOR BUILDING
ADDITIONS; LIVE ENTERTAINMENT/DANCING WITH BEER AND WINE AND A
MAXIMUM OCCUPANCY OF 150; JOINT -USE PARKING; AND THE REMOVAL OF
ONE TREE ON AN EXISTING 0.24 ACRE PARCEL AT 31431 CAMINO
CAPISTRANO, MORE COMMONLY REFERRED TO AS APN: 121-130-04. (APPLICANT:
JOHN Q. HUMPHREYS) (CASE PLANNER: TERI DELCAMP, HISTORIC PRESERVATION MANAGER)
Written Communications
Staff report dated March 14, 2006
Owner 1 Applicant
John Q. Humphreys, 31752 Los Rios St., San Juan Capistrano, CA 92675
Engineer 1 Architect:
Tony Brown Design & Build, 31481 La Matanza, San Juan Capistrano, CA 92675
Staff presentation & recommendation
Ms. Delcamp presented the staff report as a request for approval of a wedding and
40 special event facility (Villa Wedding Venue); joint -use parking; and the removal of one
tree on an existing 0.24 acre parcel at 31431 Camino Capistrano, located across the
street from the adult education center of the former Capistrano High School.
Ms. Delcamp said that the site is on the City's Buildings and Sites of Distinction list but it
is not formally designated on the inventory of historical cultural landmarks.
A new 10 foot wall is proposed to be built along the property line on the south side of
the project site to provide a buffer between the courtyard area and the adjacent
commercial use.
The primary issues that staff identified included parking, parking management, noise
from the proposed live entertainment and amplifying sound system, and the project's
ability to be compatible with the surrounding area.
The proposed use requires 62 parking spaces. Parking is proposed to be joint use
through rental of 67 parking spaces in lots at the adult education center across Camino
Capistrano. Parking is proposed to be managed by professional valet companies.
Letters received from nearby residents expressing concern about potential impacts of
noise have been forwarded to the Commissioners. The applicant is proposing to install
a professional sound amplification system, with speakers in the buildings and in the
courtyard area. Live entertainment groups, DJs, etc. would be staged inside the walls of
the rear building.
WPC Meeting 4 arch 14, 2006
The proposed hours of operation allow for special events until 11 p.m. on weekday
evenings and until midnight on Fridays and Saturdays. The amplified sound for all
events is proposed to end at 10 p.m. every night. Noise from the site cannot exceed 45
decibels for a period of more than 30 minutes at the boundary of the nearest residential
district after 10 p.m.
Based on staff's analysis of the project and the environmental analysis with the
Conditions of Approval and the mitigation measures regarding the hours of operation
requiring compliance with the City's noise ordinance decibel level standards, and
implementation of the parking management plan, staffs position is that the use will be
compatible and able to coexist with the businesses and residences in the surrounding
area. Staff has found that the project meets the findings necessary for approval of a
Conditional Use Permit.
The minor changes to the site as conditioned meet the findings required for approval of
the Architectural Control Application and the removal of a single 9" trunk olive tree along
the southerly property line, which would allow for construction of a wall along that
property line, meets the tree removal permit criteria.
Staff is recommending that the Planning Commission adopt the Mitigated Negative
Declaration and approve CUP 05-06, AC 05-03, and TRP 04-169 for the Villa Wedding
Venue, subject to the draft resolution and Conditions of Approval.
Commissioner Questions and Comments
Commissioner Cohen asked if there will not be any live entertainment in the courtyard.
Ms. Delcamp said that the set up for the live entertainment is required to be within the
walls of the rear building, although there will be speakers in the courtyard.
Commissioner Cohen asked if the valets will be located on the Capistrano Unified
School District (CUSD) property as well as in front of the project site and if the patrons
would be driving their vehicles off the parking lot. Ms. Delcamp said that the patrons
would leave their cars at the valet stations and walk in the designated crosswalk areas
to the site. Commissioner Cohen asked if appropriate lighting for the crosswalks had
been looked at. Ms. Bogh said that a provision in the parking management plan
(Attachment 7) allows the Traffic Engineer to require crossing guards. Commissioner
Cohen asked if the number of times the prior building was used for receptions or the
number of complaints to the sheriffs department is known. Ms. Delcamp said we do not
have those numbers.
Vice Chairman Cardoza asked the location of the valet drop-off point. Ms. Delcamp said
there is room for about four cars directly along the front of the site along the curb and
driveway and that cars could be directed to travel to the other valet station on the
opposite side of the street.
Vice Chairman Cardoza asked if the main building has value from a historical
standpoint. Ms. Delcamp said it is from the turn of the century early 1900 era, was later
modified to have a stucco exterior, and is an important building for the community.
PC Meeting • 5 &arch 14, 2006
Commissioner Drey asked how close a crosswalk is to the subject property. Ms.
Delcamp said the closest crosswalks are at La Zanja to the north or at Acjachema
where the Basilica is located, and that one of the potential provisions in the parking
management plan is that the applicant could hire professional crossing guards to create
a more direct crossing.
Commissioner Cohen said the likelihood of jaywalking is there. Ms. Delcamp agreed the
potential is there.
Commissioner Ratcliffe asked if there are any pedestrian -triggered flashers on those
crosswalks. Sam Shoucair indicated there are none.
Public Hearing
Phillip Schwartze, 31682 EI Camino Real, said the City put a substantial amount of
money into the Decorative Art Center to preserve the building's historical significance,
and over time it has fallen into disrepair. First-time visitors will be directed by the valet
service to the well -lighted and signalized crosswalk at La Matanza.
John Q. Humphreys, 31752 Los Rios St., San Juan Capistrano, CA 92675, Owner, said
that sound testing was done and new reduced distortion field technology would be used
to dissipate sound.
Chairman Neely asked who was operating the facility when there were complaints. Mr.
Schwartze said it was Gep Durenberger when it was the Decorative Arts Center, and
after that it was Al Palazzo, and that the building has been vacant for a couple of years.
Vice Chairman Cardoza asked if the state-of-the-art sound system equipment can
monitor and reduce the decibel level if it is annoying to the nearby residents and other
uses in the area. Mr. Schwartze said that the equipment has the capability to control the
noise level.
Chairman Neely asked if an overabundance of speakers is needed to get the same
sound quality in the kitchen zone and in the dish area zone. Mr. Schwartze said it is
appropriate to have speakers throughout the entire facility.
Commissioner Cohen asked staff if the Marbella Country Club site testing approval was
based on the noise decibel levels in the code or if standards were set below what is
allowed. Ms. Bogh recalled the application of the code standard of 60 decibels exterior
noise at the property line of any residential property, and stated that in this proposal
there would be one master system that can be controlled by the operator of the facility.
Commissioner Cohen asked if we have the authority to set more stringent standards
than the code. Ms. Bogh said under the Conditional Use Permit we do have that
authority.
Commissioner Drey asked the Applicant if the equipment could be set to particular
decibel levels referenced in the Municipal Code and Condition 29. Mr. Schwartze said
yes.
WPC Meeting 0 6 arch 14, 2006
IDKen Friess, 31506 Paseo Christina, said that John Humphreys could make the
proposed facility succeed as evidenced by what he has done with the Ramos Cafe, Mr.
Friess gave a history of the past retail, art, and event uses in the building, and said that
the building has never had adequate parking. He questioned the Planning Commission
as to what measures the City will take if problems arise from parking and noise. He
stated EI Maguey Restaurant and other businesses in the area have been impacted by
events at this site in the past.
Boots Leone, 31962 Via Belardes, expressed concerns regarding noise levels and
parking concerns.
Angela Duzich, 31372 Don Juan Avenue, spoke regarding valet parking safety concerns
and availability of adequate parking during summer months when nearby recreational
facilities are in use. She said the intensity of the proposed use is too much for the
neighborhood.
Michael Moyles, 31372 EI Camino Real, spoke regarding noise levels many nights per
week below his residence in Mission Hills from the prior neighbor.
Commissioner Questions and Comments
Commissioner Cohen asked if the Franciscan Plaza wedding area came before the
Planning Commission to approve the facility for receptions. Ms. Bogh said that staff
found a business license application signed by the former director, and did not know the
IPprior history on that site.
Mr. Schwartze said that the valet system will work as well as at the Mission events and
the state-of-the-art sound system provides controls, and there is the ability to put in
more controls.
Vice Chairman Cardoza asked if the commercial kitchen would provide catering
services to other locations. Mr. Humphreys said he does not intend to do outside
catering, that he only plans to bake for the Ramos House Cafe and that his goal is to do
high-end events on Saturday nights and Sunday afternoons.
Chairman Neely asked if clients would be required to sign a contract regarding the
sound system and noise time limits. Mr. Humphreys said yes.
Vice Chairman Cardoza asked if two restrooms are adequate for 150 people. Mr.
Humphreys said there are a total of 5 restrooms including a restroom in the boudoir
bridal suite and a staff restroom.
Ms. Delcamp said that the CUSD parking lot spaces rental fee letter is generic and that
no one currently has rental approval for the spaces at the adult education center on
weekends or during the weekday evenings. About 19 parking spaces behind the gates
are available along Camino Capistrano in front of the adult education center and about
33 parking spaces to the left of the adult education center are accessible from Camino
40 Capistrano, with an extra -wide drive aisle between. The other 15 required spaces are
located up behind the adult education center accessed from Camino Capistrano. These
are not the same spaces used by the City for Stone Field under a separate agreement.
WPC Meeting 0 7 arch 14, 2006
Once someone has approval for use of these spaces one year for certain events, they
have first priority in terms of applying for them for the following year, according to CUSD
staff.
Commissioner Cohen asked if the CUSD would give Mr. Humphreys an exclusive right
to use the parking, or is it on an event -by -event basis. Ms. Delcamp responded that it is
exclusive once it is approved and once he pays the money for the use of the spots.
Commissioner Cohen asked if the CUSD parking were not available, is there enough
room in the front of the site to accommodate shuttle buses offloading and uploading of
visitors. Ms. Delcamp responded if CUSD parking were not available, alternate parking
and shuttle bus operations would need to be approved by the traffic engineer.
Commissioner Drey said the conditions should include enforcement provisions and
address "what if' scenarios if problems occur.
Vice Chairman Cardoza said that any structural changes, night lighting, design
elements, and signage would need to be reviewed for detail by DRC. He stated 150
people for seven days a week might be too much, and expressed concerns about
parking, noise, and public safety.
Commissioner Cohen asked if it is feasible to have a demonstration of the proposed
sound system during the evening and how the valet parking would flow. He cited
concerns about pedestrians crossing Camino Capistrano late at night after drinking at a
wedding.
Commissioner Ratcliffe discussed concerns that the vibration of low frequency sounds
is hard to avoid and that there is lack of control regarding the number of events per
week.
Chairman Neely stated the applicant has a good tract record, but asked if the permit
would run with the land, not with the applicant. Mr. Sandoval said yes. Chairman Neely
concurred with Commissioner Cohen's suggestion to have a field demonstration. He
stated it is difficult to enforce noise regulations in court, and would rather make sure the
noise is mitigated before approving the project. He stated crossing guards should be a
requirement and want to see the valet configuration.
Mr. Schwartze invited Commissioners to a field demonstration of the sound system and
valet service.
Commissioner Cohen said a crossing guard should be mandatory when serving alcohol,
having up to 150 people at the facility and with parking across the street.
Ms. Bogh asked for a valet parking demonstration as well as a sound system
demonstration.
WPC Meeting 4D 8 arch 14, 2006
Vice Chairman Cardoza asked that there be a plan to show exactly where the parking
spaces are designated, and a back-up plan for parking. Mr. Schwartze said the event
dates will be known months ahead.
Ms. Bogh asked if the Commission would like to limit the number of events per week.
Commissioner Cohen said that may depend on the field demonstration results.
Motion
Vice Chairman Cardoza moved, seconded by Commissioner Cohen, to continue the
item to the April 11, 2006 Planning Commission meeting, and that an on-site field
demonstration be noticed and scheduled for March 29, 2006, for the purpose of an on-
site demonstration of the audio and for the Applicant to demonstrate operations and
directional flow for valet drop-off, pick-up, turnaround and shuttle bus to other available
parking. The motion passed by a vote of 5-0.
2. GRADING PLAN MODIFICATION (GPM) 05-05. TREE REMOVAL PERMIT (TRP)
05-187 MATTHEWS-YAZDANSHENAS; A REQUEST TO PLACE FILL AND RE -
GRADE AN EXISTING LOT (LOT 97) IN ORDER TO PROVIDE A REAR YARD, AND
TO APPROVE A REVISED GRADING/RETAINING WALL PLAN FOR A LOT WITH A
DWELLING UNDER CONSTRUCTION (LOT 98) ON TWO ADJACENT LOTS
LOCATED IN THE HUNT CLUB. THE PROJECT WILL RESULT IN APPROXIMATELY
7,850 CUBIC YARDS OF FILL BEING IMPORTED TO THE SITE. THE APPLICATION
INCLUDES A REQUEST TO REMOVE ELEVEN TREES ON LOT 97 RANGING IN
40 DIAMETER SIZE OF 6 TO 11 INCHES. THE LOTS ARE LOCATED AT 30542 (LOT
97) AND 30532 (LOT 98) STEEPLECHASE DRIVE (TRACT 6305) (APN: 650-361-08 &
09). (APPLICANTS: JOHN MATTHEWS & ALI YAZDANSHENAS)
.Written Communications
Staff report dated March 14, 2006
Owners / Applicants
John Matthews, 30542 Steeplechase Drive, San Juan Capistrano, CA 92675; Ali
Yaxdanshenas, 28102 Haria, Mission Viejo, CA 92692
Landsca a Architect:
Blake Hinman, ASLA Lantex Inc., 31726 Rancho Viejo Road, San Juan Capistrano, CA
92575
Engineer
Gaby Antoun, P.E., 23011 Moulton Pkwy., #J-12, Laguna Hills, CA 92653
Sit ff presentation & recommendation
Mr. Cunningham presented the staff report as a request to place fill and re -grade an
existing lot in order to provide a rear yard, and to approve a revised grading/retaining
• wall plan for a lot with a dwelling under construction on two adjacent lots located in the
Hunt Club. Code Enforcement had issued a stop work order on both properties and had
advised the applicants to re-engineer and process a Grading Plan Modification, which
the applicants have done. Lot 98 which is under construction, proposes to retain the
PC Meeting • 9 arch 14, 2006
retaining wall and build an additional retaining wall in front of it, import 500 cubic yards
of fill to mound up against the wall so that the end result will be an exposed wall of 2 to
5 feet in height. On Lot 97, the existing house, Mr. Matthews, the applicant, proposes to
import 7,350 cubic yards of fill in order to re -grade the property in order to get a
backyard area.
The applicant has been working with the homeowners association and with adjacent
property owners and has revised his plans to satisfy requests from the homeowners
association and adjacent down-slope property owners to the south. The applicant will
build a 3 foot high wall on the adjacent property owner's property and to plant 45 trees.
The purpose for the 3 foot high wall would be to redirect any sheet flow coming down
into an existing storm drain in the trail easement.
The tree removal portion of the application applies to Lot 97. The applicant is proposing
to remove 11 trees, most of which are White Alders which are either dead or in very
poor condition, to be replaced with 78 new trees in addition to the 45 new trees the
applicant is going to plant at the base of the slope on the adjacent property owner's
Property.
The DRC had no problems with the grading and the design of the retaining wall on Lot
98. However, the DRC had concerns regarding the truck traffic importing 7,850 cubic
yards of fill, resulting in about 785 truck trips. Staff included a condition that not only
requires notification to surrounding property owners, but details of the hours and days
truck traffic will occur.
The DRC asked that drought tolerant tree species be substituted as called out on the
preliminary landscaping plan for Lot 98.
Attachment 4 was handed out to Commissioners indicating HOA approval of the plans.
Staff recommends approval and found that mandatory findings for grading plan
modification can be met, that circumstances exist for the TRP, and staff recommends
approval of the MND, the GPM, and the TRP subject to the 42 Conditions attached to
the draft resolution.
Commissioner Qu stions and Comments
Commissioner Cohen questioned the hours for construction in a residential area, saying
that backhoes idle near his home at 6:45 a.m. waiting for the 7:00 a.m. bell to ring. Mr.
Cunningham said his interpretation would be that no construction activities including
starting up of engines and any noise -generated construction activity would be allowed
prior to 7 a.m.
Commissioner Drey asked if the substantial retaining wall on Lot 98 was created by
grading that did not match the approved plan. Mr. Cunningham said yes and the
applicant proposes to rectify that by building another wall in front of that mound so the
visible part of the wall would be 2 to 5 feet, not 8 to 10 feet.
PC Meeting 10 &arch 14, 2006
Public Hearing
Blake Hinman, Landscape Architect, Lantex Inc., said that the guard gate at Hunt Club
won't let a truck in the gate until 7 a.m. and their proposal is to have trucks bring dirt to
the -site between 8:30 a.m. — 4:30 p.m. The collaborative effort between the two property
owners and input from the property owners below them, the 5 -member architectural
committee, homeowners association, neighbors and staff, has resulted in agreement on
the plans, and the applicants are anxious to move forward.
Commissioner Questions and Comments
Commissioner Cohen asked that the truck hours as stated by Mr. Hinman be part of the
conditions in the resolution.
Commissioner Ratcliffe asked about the 45 15 -gallon ficus trees to be planted along the
trail easement adjacent to a wall and drainage on Lot 97. Mr. Hinman said the existing
trail at the toe of the slope currently does not fall in the entire easement. The applicant
has agreed to relocate the entire trail within the easement, build a 3 foot high splash
wall along the edge, and plant 45 15 -gallon ficus trees along the trail easement, at the
request of the adjacent property owner.
Vice Chairman Cardoza suggested using both California Pepper and Lombardy Poplar
tree species on the hillside.
Chairman Neely said this project went through extensive DRC review and the
applicant's plans reflect the DRC's comments.
Motion
Commissioner Cohen moved, seconded by Commissioner Drey, to approve Resolution
06-03-14-1 adopting a Mitigated Negative Declaration and approving Grading Plan
Modification 05-05 and Tree Removal Permit 05-187 for Tract 6305, Lots 97 & 98 for
existing single-family homes located at 30532 and 30542 Steeplechase Drive,
substituting in Item 33 construction hours 8:30 a.m. to 4:30 p.m. Monday through
Saturday. (Assessors Parcel Numbers 650-361-08 & 09; Matthews/Yazdanshenas)
AYES: Commissioners Cohen, Drey and Ratcliffe, Vice Chairman Cardoza, and
Chairman Neely
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed by a vote of 5-0.
Chairman Neely said it would be helpful if the paper exhibits could have color highlights
to improve the view from the dais.
OLD BUSINESS
None
PC Meeting • 11 &arch 14, 2006
0 NEW BUSINESS
1. WORKSESSION: TREE REMOVAL PERMIT (TRP) PROCESS, REVIEW OF THE
TREE REMOVAL PERMIT PROVISIONS OF THE MUNICIPAL CODE (SECTIONS 9-
2.349 & 9-3.557).
Written Communications
Staff report dated March 14, 2006
5kff presentation & recommendation
Mr. Contreras presented a report based on a Planning Commission request for staff to
review the tree removal permit provisions of the Land Use Code and provide a report on
options and goals to update the Municipal Code so that it has .a functional and
manageable process and is consistent with the City's current vision for tree
preservation.
Staff recommends that the Planning Commission provide input on policy objectives and
goals for amending the tree removal permit provisions of the Municipal Code (Sections
9-2.349 & 9-3.557) and direct staff to forward a recommendation to the City Council to
prepare a draft ordinance amendment.
Staff has identified a table on page 2 of the staff report of policy issues for discussion. In
. addition to these discussion points, staff has provided an excerpt from "Guidelines for
Developing and Evaluating Tree Ordinances" published by the California Department of
Forestry.
Iwblic Hearing
Ken Friess, 31506 Paseo Christina, complimented staff on the report that pinpoints the
issues, and said that when the City passed the ordinance to protect trees, there were
only about 100 heritage trees. Conditions have now changed, and the tree ordinance
needs to be updated, especially for homeowners with trees in the side and rear yard
areas.
Commissioner Questions and Comments
Commissioner Cohen said the rigid ordinance where we have to make specific findings
can be subjective at times. The question to address is absent heritage trees, does a
resident have the right to do what he wants with his property? Commissioner Cohen
suggested having certain trees set aside as heritage trees and freeing up the process to
allow residents to get rid of insignificant trees.
Commissioner Ratcliffe found the report and chapter including basic performance
standards and flexibility very useful. Commissioner Ratcliffe said the City should
improve maintenance of public trees.
Commissioner Drey commented that trees are a major feature in the beauty of our
community. He suggested getting public input regarding the tree ordinance revision, and
providing more public information on tree care. The downtown area looks barren and
needs more trees.
PC Meeting 0 12 arch 14, 2006
Vice Chairman Cardoza said that the City needs to take a proactive stance on
ridgelines, soften corridors and reinforce open space and provide connectivity from one
space to another as part of its tree program.
Chairman Neely said he likes the idea of moving the replacement process into a
narrower range of species and coming up with a list of "trash" trees. Chairman Neely
agrees with suggesting California native trees but does not agree with flowering trees as
a design focus. Chairman Neely said some of the nicest applications of landscape
architecture include a row of the same trees. Maintenance of City trees and shrubs
needs to be improved, and the issues of "lolly -popping" shrub and trees need to be
addressed.
Commissioner Cohen suggested rewriting the ordinance to allow replacing a tree with a
similar species or replacing with a tree on the approved list without DRC approval.
Commissioner Ratcliffe said since some neighborhoods don't have parkways or space
for a public tree, it is difficult to plant street trees in the right of way, and front yard trees
should be reviewed prior to removal.
Commissioner Ratcliffe and Vice Chairman Cardoza said they concurred with Chairman
Neely's suggestion of a list of recommended species for given situations.
Vice Chairman Cardoza spoke in favor of a secondary fist including flowering trees,
making it easier for the homeowner, and providing guidelines for front yards, slope
areas and the public right of way.
Ms. Bogh proposed what could be accomplished based on Planning Commission input,
staff thinking, and issues identified by the public:
1) Ms. Bogh stated staff could amend the current ordinance to do a "quick fix" on
procedural issues. Ms. Bogh suggested exempting homeowners from Tree Removal
Permits in their side and rear yards and giving them guidelines for planting replacement
trees.
2) If the City Council wants to undertake a major revision of the ordinance, that may
involve formation of a citizen's advisory committee and many meetings; this is not in the
current work program and would need to be added, with appropriate staffing, to next
year's work program.
3) The City may want to formulate a city forest management program. When landscape
maintenance districts are formed as the subdivisions are recorded, there is a funding
source to pay for an on -staff landscape architect and the tree maintenance. Because
this City has developed over time and a lot of it developed before the 80s, landscape
districts weren't formed and HOAs are doing the maintenance, we don't have a City
funding source for an arborist or forester on staff. To do a forest management program
and come up with a street tree program would need funding commitments through the
City Council and budget process. That can be a recommendation that the Planning
Commission makes.
PC Meeting 0 13 &arch 14, 2008
In conclusion, Ms. Bogh would recommend the "quick fix" on the existing ordinance to
try to relieve the homeowner and then work on these other issues more in the next
budget year.
Commissioner Cohen asked if the Planning Commission has the authority to amend the
ordinance to allow certain exemptions. Ms. Bogh said any ordinance amendment would
have to go through Planning Commission and City Council for adoption.
Commissioner Ratcliffe said she gives talks to Master Gardeners about bad things that
happen to trees. She has taken photographs within about four blocks of her home and
most of the bad things that happen to trees are because there is a lot of landscape
maintenance energy on public city trees that needs to be redirected. Ms. Bogh would
recommend if the City wants to do an urban forest management program that they
retain by contract or on staff a person to manage that program.
Commissioners voiced agreement with the "quick fix" approach suggested by Ms. Bogh.
COMMISSIONISTAFF COMMENTS
Ms. Bogh said that Vice Chairman Cardoza, Commissioner Cohen and Ms. Bogh would
attend the League of Cities Planners Institute next week.
Commissioner Drey asked about the vagrant recently reported. Ms. Bogh said the
complaint was turned over to the sheriff to investigate.
Vice Chairman Cardoza asked if the Open Space Committee met. Commissioner
Cohen said the members introduced themselves, discussed an overview of goals, and
will form various subcommittees to address certain objectives, and convene next month.
Commissioner Cohen asked about the Ortega Business Center parking situation. Ms.
Bogh forwarded the issue of curb stops to Code Enforcement. Ken Friess said that
many centers have curb stops.
Chairman Neely said the construction of the veterinary hospital along Ortega Highway
included building -mounted lights that are too large and bright. Ms. Bogh said that she
would ask the project planner to take a look at the lighting. Ms. Bogh said our zoning
ordinance establishes minimum lighting levels and no maximum lighting levels.
David Contreras said the Ficus was removed from the Franciscan Plaza and the
property owners have replaced it with a Hymenosporum flavum, the sweet shade.
Commissioner Cohen said the Dollar Store sign is still there.
Ken Friess said the lighting plans are driven by electrical engineers and it would be
helpful if a committee would establish lower lighting levels. Ms. Bogh said other
0 Communities have set maximum lighting levels, and staff will look at this further.
PC Meeting 0 14 arch 14, 2006
Commissioner Ratcliffe asked if we determined what was on the north end of Camino
Capistrano. Ms. Bogh said it was a construction storage yard for a Caltrans project, that
the Engineering Department looked into it and it is now gone.
ADJOURNMENT
There being no further business before the Commission, the meeting was adjourned at
10:46 p.m.
The next regular meeting is scheduled for Tuesday, March 28, 2006, at 7:00 p.m. in the
Council Chambers.
Approved:
JWk &k
Molly BoM, Plakhng Director
ID
0
APPROVED
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