CITY of
Planning Commission Meeting
Minutes
Vice Chair Garza called the meeting
to order at
Commissioners present: Vice Chair Garza, Commissioner Bagley, Commissioner Cosio, Commissioner
Ostrowski
Commissioners late: Commissioner
Spencer, who arrived and was seated on the
dais at 7:09 p.m.
Staff present: City
Manager (CM) McClintock; City Planner (CP) Sundt, and Minutes Clerk Johnson
Vice Chair Garza opened the public hearing for items not
appearing on the agenda. Noting that no persons were present to address this
agenda item, the public hearing was closed.
CEREMONIAL ITEMS
Selection of Chairperson
and Vice Chairperson
COMMISSIONERS OSTROWSKI/COSIO NOMINATED COMMISSIONER
REUBEN GARZA TO BE CHAIR FOR THE ENSUING YEAR. THE MOTION PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COMMISSIONER
BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSSIONER OSTROWSKI; NOES:
NONE; ABSTAIN: NONE; ABSENT: COMMISSIONER SPENCER.
COMMISSIONERS COSIO/BAGLEY NOMINATED COMMISSIONER Michael
OSTROWSKI TO BE VICE-CHAIR FOR THE UPCOMING TERM. THE MOTION PASSED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COMMISSIONER
BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSSIONER OSTROWSKI; NOES:
NONE; ABSTAIN: NONE; ABSENT: COMMISSSIONER SPENCER.
CONSENT AGENDA:
A. Approval of Affidavit of Posting
B. Approval of Minutes of
C. Approval of Minutes of January 2, 2007
Planning Commission Meeting, with the
following modifications:
Page 5, paragraph 10, line 1: Pope Polk
Page 6, paragraph 2, line 4: 4800 5,000
Page 8, paragraph 8, line 1: Mission
Page 12, paragraph 3, line 1: {delete} all
COMMISSIONER
COSIO MOTIONED APPROVAL OF ITEMS AND C (as amended) OF THE CONSENT AGENDA.
COMMISSIONER OSTROWSKI SECONDED THE MOTION, WHICH PASSED (4-0-0-1), WITH THE FOLLOWING VOTE:
AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSSIONER
OSTROWSKI; NOES: NONE; ABSTAIN: NONE; ABSENT: COMMISSIONER SPENCER.
Commissioner Spencer arrived and was seated at
COMMISSIONER
SPENCER MOTIONED APPROVAL OF THE MINUTES
OF
PUBLIC HEARING ITEMS ~ REQUIRING COMMISSION ACTION
Historic Design Review
Permit –
CP Sundt reminded this
matter (Mary Lopez property) had been heard at the
CP Sundt called attention to
the five conditions in the resolution dealing with the colors for the buildings
as outlined in the staff report. He also noted that the owner wants to keep
with the same colors as are now on the buildings, and staff feels that the
current color scheme is appropriate. He also informed that there is continuing
dialogue regarding the downspouts and resolution to that issue has not been reached.
CP Sundt said, “As to 313 and
Commissioner Ostrowski asked
if Mrs. Lopez has been made aware of the HRB’s suggestion, and CP Sundt replied,
“Yes, but she has indicted she will stick with the current colors.”
Commissioner Ostrowski said, “Then HRB can’t enforce her to use specific
colors?” CM McClintock advised that the HRB has suggested a chemical analysis
be completed.
Commissioner Ostrowski pointed
out the primary concern is to try to help Ms. Lopez expedite the process. CM McClintock agreed, saying the project has
been held up for six weeks. CP Sundt shared a sample of the color proposed by
the HRB.
Commissioner Cosio asked when
the last time the buildings were painted was, and CP Sundt estimated twice in
the last 40 years.
Chair Garza opened, and then
closed the public hearing as no persons present indicted a wish to speak to the
matter.
Commissioners discussed:
-
red hued color
schemes
-
agreement with
the HRB suggestion (preference to slightly darker so buildings not ‘stick out
as much’ but provide differentiation)
-
owner wants same
colors as now
-
all persons see
colors differently
-
support for
‘letting Ms Lopez get on with the project’
COMMISSIONER OSTROWSKI OFFERED RESOLUTION NO. PC
2007-0X, INCLUSIVE OF THE FINDINGS AND CONDITIONS WITHIN. COMMISSIONER COSIO
SECONDED THE MOTION, NOTING THE AMENDMENT:
Whereas
The Applicant Has Consulted The HDR, And Has Appealed To The City For
Permission To Retain The Current Color Scheme For The Aforementioned Buildings
To Finish The Exterior Walls Where The Paint Is Missing Or Discolored…
THE MOTION
PASSED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COMMISSIONER BAGLEY,
COMMISSIONER COSIO COMMISSIONER GARZA, COMMISSSIONER OSTROWSKI, COMMISSIONER
SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Title 11 – Chapter 11.04.100
– Wireless Communications, amendments
CP Sundt gave the staff report,
stating the purpose and intent of the chapter update is to provide new
definitions to the code. He gave an overview of the highlights and said the new
Ordinance brings the City to current standards and includes the requirements of
the State and Federal laws relating to wireless communications.
Lengthy discussion ensued
regarding:
-
the City’s
ability to have control over placement of receiving devices
-
development
standards
-
design and
operational standards
CP Sundt stressed the language
provided (with City Attorney input) ‘is appropriate’ and reiterated that the HRB
concerns had been met. Staff asks that the Planning Commission send to the City
Council recommendation for approval of Chapter 11.04.100 – Wireless
Communications, with the amendments so noted.
Commissioner Spencer asked
if a wireless communication company must apply for a Conditional Use Permit (CUP)?
[No, but special provisions are present in the amendment regarding amateur radio
installations.
Discussion centered on:
-
industrial
neighborhood page 7; c: i, ii, iii: this is more broad than HRB or
-
regulations in
place by Telecommunications Act of 1996; if too restrictive, or contains bad guidelines,
when looking at outcome (and not focus on negatives) adjustments can be made
-
if legal decisions made, can change on that basis
-
no zoning
regulations for satellite dish; set up on how
the City wants objective to be accomplished (maybe not put satellites on porch
{but if that is the only place where it can be put, then variance to locate
there}
CP Sundt reviewed page 3;
item c; and explained b2, etc.
Several items were
highlighted:
-
page 3, 3c:
design review approval
-
building permit
requirements
-
findings and
exemptions (page 4) item 3
-
attention called
that the City Attorney had crafted the section
-
ready for use by
the City
Commissioner Ostrowski asked
if a communications company needed to get a permit if they wanted to put up an antennae
as they should be informed that the City has the ‘say on where it’s placed’. CM
McClintock said if the Planning Commission and City Council think the companies
should be made aware, City staff can send copies of Ordinances to local
purveyors. She commented that CMAP is effective but the practice of erecting antennae
is so widespread, but if the Commissioners want, City Staff could send the
updated ordinances to companies like Dish and DirecTV.
Commissioner Ostrowski said
he thought they should be made aware.
Commissioner Cosio commented
that residents with out-dated, large satellites should be encouraged to remove them
as they are inoperable and unsightly. CP Sundt said there was nothing in the Ordinance
regarding inoperable antenna. CM McClintock suggested including language
regarding discontinuation of use of antennae by new technology - page 9: g. She
said the matter would be discussed with the City Attorney before being heard by
the Council.
Commissioner Bagley asked if
this Ordinance would affect the ‘City Yard monstrosity’? CM McClintock led
discussion of the use of that installation by a Charter Communications who provides
service to
Commissioner Bagley said
that some antennae are placed on the front of a building as that is the only
location where a signal can be received. Discussion followed regarding the
level of screening required for such installations.
Chair Garza opened, and then
closed the public hearing as no persons present indicted a wish to speak to the
matter.
COMMISSIONER
OSTROWSKI MOTIONED TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF REPEALING
SECTION 11.04.100 (TELECOMMUNICATIONS AND SATELLITE ANTENNAE) AND SUBSTITUTING
A NEW SECTION 11.04.100 (WIRELESS COMMUNICATION FACILITIES) CHAPTER 11.04
(ADDITIONAL DEVELOPMENT STANDARDS) AND AMENDING CHAPTER 11.29 (DEFINITIONS) OF
TITLE 11 OF THE SAN JUAN BAUTISTA MUNICIPAL CODE, INCLUSIVE OF THE NEW TERMS
AND DEFINITIONS, AND RECOMMENDATIONS NOTED DURING DISCUSSED, WITH THE CITY
ATTORNEY TO BE CONSULTED REGARDING THE REMOVAL OF DISCONTINUED USE OF OBSOLETE
ANTENNAE. COMMISSIONER BAGLEY SECONDED THE MOTION, WHICH PASSED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COMMISSIONER
BAGLEY, COMMISSIONER COSIO COMMISSIONER GARZA, COMMISSSIONER OSTROWSKI,
COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Title 11 – Chapter 11.10
– Signs, amendments
CP Sundt reminded Commissioners
that this item had been continued from their January 2 meeting, having been
returned to the HRB. He said HRB had discussed it at their January 25, 2007
meeting and their substantive comment was that the City’s Design Guidelines
currently preclude portable freestanding signs, thus precipitating amending the
Design Guidelines pertinent to portable signs.
Subsequently, City staff is amending the Design Guidelines as part of
this action.
CM McClintock agreed with CP
Sundt, saying recommendations from HRB were integrated into the Title 11
(section 11.10.100(a)4-5-6) distributed to the Commission. She continued by
saying the recommendations from staff and the HRB would permit more signs
instead of ‘just the big signs’. CM
McClintock noted that historic City photographs portray very large signs and
recommended changes to the section of Title 11 are in order with the historical
guidelines.
Several issues were
discussed:
-
free standing
portable signs [an amendment will be proposed to HRB to tie language to the Design
Standards and Guidelines] this matter will be returned to the Planning
Commission meeting in March
-
an ‘A frame’ may
be used but cannot interfere with pedestrians or car doors (nor can they be
placed ‘helter skelter’)
-
applications now
a ‘simpler’ process
-
variances must be
heard by Planning Commission
-
specific signage
was referenced: Patty’s Antiques, the pickup at Mariposa House (also a parking
issue; staff to check)
-
potential need for
more amendments and Ordinances
-
professionally produced
signs
-
portable free
standing signage: (two issues: maintenance; limitation to message) how City
enforce violations on public property (garage sales; ball field at 4th
and Muckelemi Streets: signage
limitations Little League field {111.02.20})
City Staff recommended the
Ordinance be sent to City Council with the public hearing set for March 20,
2007.
Considerable discussion
followed:
-
Ordinance ‘too
permissive for developments and real estate’
-
too restrictive
for neon signs; perhaps having neon signage open, small, and reasonably
discreet [CM McClintock offered to review the Code for potential updates; the
three ‘grandfathered’ neon signs were noted. CP Sundt explained the purpose for
not allowing neon signs: an attempt to maintain a ‘certain flavor and character’.
It was noted the creator of the ordinance wanted restrictiveness.]
-
signage fixed or
attached to vehicles or trailers (Mariposa House BBQ signs on pick-up again
discussed)
-
this Ordinance would
allow the City to enforce signage
-
CM McClintock
explained ‘generic signage’ which may
become an Eagle Scout project (funding is an issue)
Also discussed were the
issues of:
-
real estate/development
sign signs/placement thereof (location
and distance of placement highlighted)
-
open house real
estate signs (termed ‘very temporary’ with the possibility of restriction to
placement ‘no more than 15 minutes before or 30 minutes after the scheduled
hours of the open house’; discussion evolved and it was determined the City did
not have the ability to enforce)
Commissioner Ostrowski was excused at
Commissioner Cosio called
attention to 11.10.190 (Special Permits) saying she
It presented too much leeway
and was ‘very discretionary’ for a City Manager. CM McClintock cited examples
of events special where this would be allowable, the most recent a family
request for yellow ribbons on trees for a military personnel returning from
Regarding the holiday decorations
in historic downtown, Commissioner Bagley referenced the saints on poles. CM
McClintock advised this is a Chamber-sponsored attraction where they rent pole
space and the City’s public works employees volunteer their time to erect the
decorations.
Reference to grandfathered
signage were noted and discussed.
Chair Garza opened, and then
closed the public hearing as no persons present indicted a wish to speak to the
matter.
Commissioner Bagley motioned to forward the Title 11
– Chapter 11.10 – Signs, amendments to the City Council with modifications and noted
as having been presented by the HRB and discussed at the Commission meeting. Commissioner Spencer seconded the motion,
which PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COMMISSIONER BAGLEY,
COMMISSIONER COSIO COMMISSIONER GARZA, COMMISSIONER SPENCER; NOES: NONE;
ABSTAIN: NONE; ABSENT: COMMISSSIONER OSTROWSKI.
Comments and Announcements:
Commissioners:
Chair Garza asked about the
Other discussion/concern
centered on the recently completed work on
City Manager:
CM McClintock said some ‘really
exciting things are listed on the City calendar including:
-
Whiskerino and
Crazy Lady's Hats contests.
-
Arts and Craft Festivals
(positive responses are being received)
-
Music festival
for Memorial Day weekend has good headliners scheduled
Broad discussion centered on
the announcement by the City Manager that very shortly the City will be starting
work on the San Juan Bautista Specific Plan (for the general area that used to
be the cement plant) and is of special interest in that 300 of the 490 acres are
slated to become permanent park (work will start this summer). “We will seek public
input and we want Planning Commission input throughout the process,” she said.
“There will be a lot of public meetings. It will be a good project, benefiting
the City as it will be historically excellent as well as aesthetically pleasing.”
Chair Garza indicated strong interest in participating.
Further discussion resulted
in answers of:
-
City Council
approval to pay for the Specific Plan
-
the Plan would
result in the City having another 1.2 million gallon reservoir
Adjournment:
ACTING ON THE MOTION BY COMMISSIONERS SPENCER/BAGLEY
FOR ADJOURNMENT, VICE CHAIR GARZA DECLARED THE MEETING COMPLETED, AND AT
______________________________
Reuben Garza, Vice Chairman
ATTEST:
__________________________________
Trish Paetz, Deputy City Clerk