These minutes will be considered for approval at the Planning Commission meeting of 12-07-2022.
MINUTES OF THE REGULAR MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
November 16, 2022 @ 6:00 p.m.
San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854
CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:10 p.m. The meeting was offered in person at San Clemente City Hall 2
nd Floor Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.
2. PLEDGE OF ALLEGIANCE
Chair pro tem Camp led the Pledge of Allegiance.
3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D.; Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: Karen Prescott-Loeffler
Staff Present: Adam Atamian, Deputy Community Development Director Laura Corey, Assistant Planner
Sara Toma, Senior Planner
Ryan Stager, Deputy Assistant City Attorney
4. SPECIAL ORDERS OF BUSINESS
None
5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of November 2, 2022.
IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER CRANDELL AND UNANIMOUSLY TO RECEIVE AND FILE THE MINUTES FROM THE NOVEMBER 2, 2022, PLANNING COMMISSION REGULAR MEETING, AS SUBMITTED. *
Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 2 *The minutes approved had previously been revised from the original packet minutes’ copy to correct a minor typographical error.
6. ORAL AND WRITTEN COMMUNICATION
None
7. CONSENT CALENDAR
None
8. PUBLIC HEARING
A. Discretionary Sign Permit (DSP) 22-151, Rayas Paradise Residential Care Facility Monument Sign (Coury)
A request to consider a 62.7 square foot free-standing monument sign at the corner of Avenida Califia and Avenida Presidente for the existing residential care facility at 101 Avenida Calafia, Raya’s Paradise.
Laura Corey, Assistant Planner, narrated a PowerPoint Presentation entitled, “Raya’s Paradise Residential Care Facility, DSP 22-151,” dated November 16, 2022. A copy of the Presentation is on file in Planning Division.
Applicant Laura Reilly, Starfish Sign & Graphics, displayed and reviewed the colors, illumination and materials proposed for the monument sign.
Mike Reilly, Starfish Sign & Graphics, discussed efforts to embellish/improve signage in conjunction with the desire from the client to submit the signage package as quickly as possible.
Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.
During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
Discussed the subject property’s location as one of the gateways to the City and questioned if the sign design accurately reflected the City’s theme for that area.
Questioned if the signage sufficiently complemented the project’s Spanish Colonial Revival Architecture.
Discussed potential improvements suggested at the Design Review Subcommittee (DRSC) meeting, and the property owner’s decision to go with the original design.
Commented the size of the signage was appropriate for its many functions, including ability to emergency agencies to quickly locate it, Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 3 and the design was adequate for its gateway location, compatibility with the structure, and function as signage.
IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER CRANDELL, AND CARRIED 4-2-0, WITH CHAIR PRO TEM CAMP AND CHAIR MCKHANN OPPOSED, TO:
1) Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15311(a) (Class 11:
Accessory Structures); and
2) ADOPT RESOLUTION NO. PC 22-033, ENTITLED, “A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, APPROVING DISCRETIONARY SIGN
PERMIT 22-151, RAYA’S PARADISE MONUMENT SIGN, A
REQUEST FOR A FREESTANDING MONUMENT SIGN AT AN
EXISTING RESIDENTIAL CARE FACILITY, LOCATED AT 101
AVENIDA CALAFIA.”
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] B. Zoning Amendment 22-395: Urban Lot Split and Two-Unit Projects (SB9) Ordinance (Toma)
A public hearing to consider Amendments to Chapter 16.50 (State-Mandated Subdivisions) and Chapter 17.86 (State-Mandated Residential Projects) of the San Clemente Municipal Code to establish objective design standards, development and subdivision standards regulating urban lot splits and twounit housing projects in accordance with California Senate Bill 9 (“SB9”).
Sara Toma, Senior Planner, narrated a PowerPoint Presentation entitled, “Zoning Amendment 22-395, SB9 Compliance,” dated November 16, 2022.” A copy of the Presentation is on file in Planning Division.
Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.
During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
Established that the City does not expect many existing lots to qualify for lot splits and tow unit projects due to the size of existing lots and expense of tear down/new construction.
Expressed hope that the State’s mandates would be overturned after litigation, property rights, neighborhood shifts, have to approve due to penalties.
Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 4 Established that the Amendments proposed allow the City as much as possible to protect single family homes and maintain local control. If the City does not respond with revisions to accommodate the State mandates, the state can step in and review City projects disregarding the City’s role in the approval process.
Suggest the City review to estimate how many properties could potentially be redeveloped under these guidelines.
Provided minor language revisions to clarify/correct text. Discussion of the special circumstances in high fire hazard areas. Recommended approval under protest in order to avoid any penalties the state may sanction the Cities.
Opined that the proposed lot splits/two housing units will negatively impact the health, safety and welfare of families living in areas that qualify for these types of developments.
It is necessary for the Planning Commission to approve the proposed language in order to protect the City’s Housing Element and Local Coastal Program.
IT WAS MOVED BY COMMISSIONER COSGROVE, SECONDED BY
COMMISSIONER CRANDELL, AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. PC-032, A RESOLUTION OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING CHAPTER 16.50 AND CHAPTER
17.86 TI ESTABLISH OBJECTIVE DESIGN, DEVELOPMENT AND
SUBDIVISION STANDARDS REGULATING URBAN LOT SPLIT AND TWOUNIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9;
AND DETERMINING THE ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
Amended as follows:
The Commissioners requested staff revise the document as follows:
1) The required front yard setback of 30 feet will be consistently required in both urban lot splits and two-unit housing projects. 2) With regard to tree/plant replacements for those displaced during lot split/construction projects, the trunk diameters can be combined in order to match what is to be planted with the uprooted plants. 3) The utility connections for urban lot splits must be separate for each lot; two-unit housing projects can share utility lines.
Furthermore, the Commission requested staff draft a memorandum from the Chair of the Planning Commission to City Council to express concerns about how State law overreach is negatively impacting the City’s General Plan in a way that puts the public’s health, safety and welfare at risk by pushing high density residential; said memorandum will be presented to Planning Minutes of Regular Planning Commission Meeting of November 16, 2022 Page 5 Commission Chair McKhann for review and approval before being forwarded to City Council.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
9. NEW BUSINESS
None
10. OLD BUSINESS
None
11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
Report received and filed.
12. ADJOURNMENT
IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO ADJOURN AT 8:37 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD INPERSON ON DECEMBER 7, 2022, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.
Respectfully submitted,
Scott McKhann, Chairman
Attest:
Adam Atamian, Deputy Community Development Director