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PC Minutes-2006-03-1402400 PASEO ADELANTO SAN JUAN CAPISTRANO. GA 92675 (949) 493-1171 (949) 493-1453 FAx x•++tir.surlrrancupislrcux�. ur�,� CALL TO ORDER / 4I MCI 6IPaul I • ISIAILIS HID �75� 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 11'e y/��-lok7