CITY of SAN JUAN BAUTISTA

Planning Commission Meeting

June 5, 2007

 

MINUTES

 

5:00 p. m. Workshop: Assistant City Attorney Robert Rathie presented the session on Discussion of Legal Issues Involved with Being a Planning Commissioner, using text from Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century and several ‘real life’ examples of legal issues facing Commissioners to provide instruction in utilizing exhibited knowledge to perform their duties to the highest and best abilities. 

 

Chair Garza called the meeting to order at 7:12 pm, by inviting all present to join in the pledge of allegiance to the flag.

 

Commissioners present: Commissioner Bagley, Commissioner Cosio, Chair Garza, Commissioner Ostrowski, Commissioner Spencer

 

Commissioners absent:       None

 

Staff present:                         City Planner (CP) Sundt and Minutes Clerk Johnson;

                                                (CM McClintock was present in the audience, as she was an applicant at this meeting)

 

OPPORTUNITY FOR PUBLIC COMMENT:

 

Chair Garza opened the public hearing for items not appearing on the agenda. As there were no persons present to address this agenda item, the public hearing was closed.   

 

CONSENT AGENDA:

A.    Approval of Affidavit of Posting June 5, 2007 Agenda

B.    Approval of Minutes of May 1, 2007 Planning Commission Meeting        

            NOTE: The minutes for meetings of April 3, 2007 and April 11, 2007 (Special        meeting) had inadvertently been omitted from the Consent Agenda and will be    addressed at the next regularly scheduled meeting of the Commission.

                       

COMMISSIONER BAGLEY MOTIONED APPROVAL OF THE CONSENT AGENDA. COMMISSIONER COSIO SECONDED THE MOTION, WHICH PASSED (4-0-1-0), WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA COMMISSSIONER OSTROWSKI; NOES: NONE; ABSTAIN: COMMISSIONER SPENCER; ABSENT: NONE. 

 

PUBLIC HEARING ITEMS ~ REQUIRING COMMISSION ACTION

Public Hearing Items

33 Washington/203 Third Street Historic District Design Review (APN 002-019-011)

This is a Historic Resource Design Review for replacement of the sidewalk overhang at 33 Washington St., and interior hallway changes and re-roof at 203 Third St.; Zoning and General Plan Designations: Mixed Use (MU); Environmental Assessment: Categorically exempt (Section 15301); Applicant: Gregory McCandless

 

CP Sundt presented the staff report, noting the request is being made to replace an overhang which has deteriorated because of deterioration in the posts and where the old, flat roof is connected to the wall of the building. CP Sundt reported the specifications of the project at 33 Washington St. detailing the proposed colors and materials, as well as the measurements of the proposed repairs. At 203 Third Street, he said, there will be installation of a new fire retardant wood shingle roof over an existing tin roof.

 

An existing issue, CP Sundt advised, is that this building was inadvertently omitted from the 2006 Historic Resources Inventory; however, work is being completed to correct this oversight.

 

CP Sundt told the Commissioners that the specifics of the project component(s) are:

33 Washington Street

-         new 6” x 6” [posts painted dark brown]

-         new overhang roofing with slope (detail distributed), six feet deep (measured from wall) Four feet of walk space maintained between wall and posts with two foot overhang to edge of sidewalk (detail presented)

-         overhang height (at wall): 12’; nearest curb: 10”

-         overall width of wall: 60 feet

-         roof material: proposed to be composition shingle with color to be determined and presented

203 Third Street

-         remove existing sheet rock ceiling, knotty-pine ceiling and all light fixtures to expose original tin ceiling (detail provided)

-         install new wood trim in hallway (detail presented)

-         install false ceiling beams in hallway (detail presented)

-         install new wrought iron ceiling fixtures with spacing (detail presented)

-         installation of fire retardant wood shingle roof over existing tin roof {recommendation of HRB – not agreed by Planning Department}

 

CP Sundt advised that the Planning Department agrees that the 33 Washington Street building is estimated to be of 1910 – 1920 vintage, is located in the Historic District and therefore should be treated similarly to the building at 203 Third Street.  He further stated that staff has concluded the proposed overhang is consistent with the historic integrity of the existing building and will not detract or change the historical character and respects the original design character of the structure.

 

The review by the Historic Resources Board was presented and discussed at length.  CP Sundt then called attention to the Conditions of Approval – as well as the required findings, which had been prepared as part of the Resolution.

 

Commissioners discussed with staff:

-         fire department requirements (particularity the HRB recommendation for a shingle roof over the tin)

-         clarification of the size of the project

-         ceiling should match what is inside the Inca building

 

Applicant Greg McCandless addressed the Commissioners regarding:

-         work by the previous owner (hallway built through the adobe using sheetrock)

-         portions of the restaurant and within the Inca, one  see the tin ceiling/roof

-         his intent to restore tin in the Asian restaurant and also in the Inca

-         several years ago the areas were painted due to rust and a large piece of sheet metal installed [but he will do tin]

-         intent to retain cream color - wants continuity in building

-         get rid of current light fixtures; maybe old fashioned lighting installed

-         desire to restore to early California look

-         wrought iron might be used if it would not interfere with pedestrian area

-         posts will be in same spot as previously (distances back from curb good spot and good span will retain)

 

Mr. McCandless explained the new design of the overhang and advised that a lack of drainage originally caused the need for repair. “But the design is so bad, and now we will have a ‘mission-type’ overhang with no soffit and exposed planks below, therefore water will not be able to collect for further damage.

 

“At the Orient Express we have an overhang and across the street it will be the same thing,” Mr. McCandless clarified. “I just want to improve the structure.”

 

Chair Garza opened, and then closed the public hearing as no persons present indicated a wish to speak to the matter.

 

Commissioners commented on the request, and discussed with Mr. McCandless:

Ostrawski: clarified that a tin roof would be used, not wood singles

Cosio:  concerns of leaking in the roof area

McCandless: original shingle (displayed) may have been Monterey redwood; all the building was originally redwood – tin would not likely create leakage

Spencer: likes improvements

McCandless intent restore to original look; can repair by overlaying tin in identified areas;

current tin in very good condition; fire in attic many years ago

 

COMMISSIONER BAGLEY OFFERED RESOLUTION NO. 2007-XX, APPROVING A HISTORIC RESOURCE DESIGN REVIEW FOR REPLACEMENT OF THE SIDEWALK OVERHAND AT 33 WASHINGTON STREET AND INTERIOR HALLWAY REMODEL AT 203 THIRD STREET IN THE SAN JUAN BAUTISTA HISTORIC DISTRICT, INCLUSIVE OF THE FINDINGS AND CONDITIONS CONTAINED THERETO, AND FURTHER CALLING ATTENTION THAT THE ROOF WILL BE TIN: NOT WOOD SHINGLE. COMMISSIONER SPENCER SECONDED THE MOTION, WHICH PASSED (5-0), WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSSIONER OSTROWSKI, COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE. 

 

409 Third Street (Glad Tidings Church) Design Review (APN 002-015-001)

CP Sundt advised that the HRB had reviewed this item at their May 17, 2007 meeting and while the group had addressed two components for review: the handicapped ramp and removal/replacement of the on-site shed, the Commissioners would be considering the ramp only at this meeting. He then proceeded to provide an overview of the project description as requested by the applicant.

 

 Regarding the ramp, CP Sundt reported the HRB thought it might be ‘too large’. Several alternatives had been suggested during discussion at the HRB, including:

-         an inside the building mechanical elevator (which the ADA consultant rejected)

-         an access from the parking lot at the rear of the building (which had raised social and mental-image concerns)

-         the proposed gradual-elevated ramp under consideration at this meeting

It was noted that while the HRB presented no specific objection to the presented design, they had listed a concern that it was ‘too big and was very bulky in appearance’.

 

CP Sundt reviewed the request and reminded the Commissioners of the following:

-         other structures in that era have ‘wrap around’ ramps (circa 1863 – and mentioned in recent inventories)

-         handicapped entrances are subject to higher levels of scrutiny checks

-         subjective decision as to appropriateness

 

Regarding landscaping, CP Sundt called attention to the existing healthy trees, which might be destroyed because installing the ramp might involve cutting of the roots. However, he said, the hedge could possible remain, and staff would work with the applicant to consider best landscaping available, while not detracting from the Church building.

 

CP Sundt reiterated the Conditions of Approval (included and corrected for the proposed Resolution). He noted contractor Darin Del Curto was present, along with Pastor John Amelio of the Glad Tidings Church.

 

Commissioners discussed with staff and the applicant(s):

Garza: space enough on the ramp is there clearance for motorized scooters [applicant submitted drawings and applicant should do research to ensure the space]

Del Curto: ramp and turn in the ramp designed for comfortable turn [CP Sundt advised the ADA consultant did not dispute the numbers presented]

Pastor Amelio: congregation would like to have the access at the front, reserving the rear yard for social activities; ‘for dignity’ we would like to have all members enter at the front

Del Curto: for landscaping, we are trying to shied as much as can

Ostrawski: leaning toward HRB suggestion which would keep the ramp similar to that on the parsonage; as a visual that would be the best thing so the public could only see a little of the front with the current ramp design

Cosio: concerns of skateboarders using ramp; what is in back of the Church? [Church officials said they were trying to maintain the area for a courtyard and said if the ramp was placed there, it could eliminate social ability

 

Ostrawski: said he was leaning to the rear ramp ‘because it fits better’

Spencer: spoke on the existing fencing, the picket fence and the gate [she expressed concern that a high gate might block views and present trouble for having wheelchairs pointing straight up the ramp]

Del Curto: addressed the height of the fence (less than 3-feet – probably about 25-inches) at the front and gave the measurements and dimensions of the entire ramp, with the Commissioners asking questions during his explanation to ensure total clarity of the planned construction

Cosio:  any idea how old those two oak trees are? Pastor Amelio indicated they were at the site in 1979, but not in pictures made of the steeple in 1973 (he estimated the trees were probably about 25 years old)

Del Curto: during construction, care would be taken of the trees, including reserving the roots and ‘definitely doing everything we can to preserve them’

Cosio:  still torn over what would be best: to have the ramp at the front or put in the back; she noted the gate (at the front) should eliminate skateboarders

Del Curto: plan to have fence match all way across front of Church

Cosio:  would see the ramp less if front of back

Ostrawski: Church is one of most distinguished buildings in Town

 

CP Sundt mentioned that if the ramp were placed in back, it would be ‘sandwiched’ between the Church and the Antique Shop, where there would be light constraint and the Church would have to have lighting at the rear. Discussion ensued regarding lighting possibilities, and including concerns of the need for more lighting affecting the ambiance.

 

Pastor Amelio spoke of the visual concerns of having an entrance to the ramp on the left side of the rail at the front of Church which will remain there. The opening and/or gate for the ramp were thoroughly discussed. Mr. Del Curto said the opening and/or gate could be concealed with landscaping.

 

Chair Garza opened the public hearing.

 

Jan McClintock, addressed the Commissioners as the owner of a business downtown and also as a citizen who had spent time in a wheel chair followed by six months on crutches which had provided ‘first hand experiences’ with mobility problems. “Going to the rear of the Church would be difficult in a non motorized wheelchair,” she said. Ms. McClintock told of having an insurance which would not pay for a motorized wheelchair, and having to traverse rough pavements – with this site requiring those in wheelchairs to go lot further to the back door. “It would be demeaning for a handicapped individual to have to go into the back door. I have actually lived this and am still mobility ‘difficult’. I think that the issues of lighting behind the Church and visibility problems could be alleviated by having the ramp placed to the side and front,” Ms. McClintock said.

 

With no others present to speak to the matter, the public hearing was closed.

 

Commissioners discussed and commented:

Garza: liked the plan, the contractor did a good job and said it would be easier for the parishioners to attend Church 

Spencer: agree that a gate at the front would help obscure the ramp with a ‘good design’

Cosio: questions of direction gate swings [Del Curto: during services - prior to services – Church officials will open gate; it will not be sliding]

Bagley: liked design as presented; felt it would be demeaning to enter at the back of the Church (he would be offended)

Ostrawski: liked the HRB proposal of having the ramp at the back and side; concerned with historical aspects

 

CP Sundt reminded of the 10-day appeal period to the City Council.

 

COMMISSIONER SPENCER OFFERED RESOLUTION NO. 2007-XX, APPROVING A HISTORIC RESOURCE DESIGN REVIEW FOR CONSTRUCTION OF A HANDICAPPED PERSONS RAMP AT 409 THIRD STREET IN THE SAN JUAN BAUTISTA HISTORIC DISTRICT, INCLUSIVE OF THE FINDINGS AND CONDITIONS, AND WITH THE MODIFICATIONS NOTED DURING DISCUSSION, INCLUDING THE INSTALLATION OF A STREET-FRONT GATE CONSISTENT WITH EXISTING GATE. COMMISSIONER BAGLEY SECONDED THE MOTION, WHICH PASSED (4-0-1-0), WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA,  COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: COMMISSSIONER OSTROWSKI, who said he would not vote against the recommendation of the HRB; ABSENT: NONE. 

 

At 8:12 p.m., Commissioner Bagley was excused for the next agenda item due to the potential for conflict of interest. as his immediate supervisor was the applicant.

 

1 Polk Street (Top’s Rock Shop) Historic Design Review Sign Permit (sign relocated from existing rock shop)

 

CP Sundt advised that City Manager McClintock was the applicant for this item. CP Sundt also reported that the HRB had reviewed and unanimously recommended approval of the request, with the findings and conditions noted, as well.

 

CM McClintock told the Commissioners her goal was to move the sign until the building owner, Mr. Tobias repaints building she will wait to move it. As she is waiting for the building to be repainted, she said, she will look for an artist to paint (on the side of the building) a sign which is in accordance with the Sign Ordinance. Ms. McClintock also said she planned to have the sign in ‘like the old manner’ which she had discussed with the owner of the building. Ms. McClintock told of the planned timeline and the sign which would feature a font change and highlight the local gem: Benitoite. 

 

Commissioner Cosio jokingly asked Ms. McClintock if the sign would be placed across the sidewalk?

 

Ms. McClintock advised that as her plans progressed, she would return to both the HRB and Planning Commission if the sign included etching in the rock.

 

Chair Garza opened, and then closed the public hearing as there were none present to address the matter.

 

COMMISSIONER OSTRAWSKI OFFERED RESOLUTION NO. 2007-XX, APPROVING A HISTORIC DISTRICT SIGN PERMIT FOR 1 POLK STREET, INCLUDING THE FINDINGS AND CONDITIONS CONTAINED THEREIN. COMMISSIONER SPENCER SECONDED THE MOTION, WHICH PASSED (5-0), WITH THE FOLLOWING VOTE:  AYES: COMMISSIONER BAGLEY, COMMISSIONER COSIO, COMMISSIONER GARZA, COMMISSSIONER OSTROWSKI, COMMISSIONER SPENCER; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE. 

 

Commissioner Bagley returned and was seated with the Commissioners at 8:19 p.m.

    

5. Discussion Items None

 

6. Comments

A.  Planning Commissioners

Commissioner Ostrawski led discussion regarding signage which is put up by private organizations then not removed timely. Commissioner Bagley noted this has been an ongoing problem with the time limit of ‘one week for removal’ which does not often happen, in spite of the reminders from the City.

.

Commissioner Bagley ‘thanked the camera guy who is moving to back to San Francisco to attend the Academy of Arts’. All present were amused when the videographer said he will be returning to the area to film a ‘horror themed’ picture in San Juan Bautista and Hollister.

 

Commissioner Cosio called attention to the following:

-         the shop behind the Mission Café where people are living; CP Sundt advised that is a mixed use zoning which allows  residents

-         the weeds on Church street and at Washington and Lang [Code Enforcement has started weed abatement in the City]

-         concerns of the plumbing contractor who is doing work for the City using her yard for storage and using her water, too

 

Commissioner Spencer said she has noticed a lot of ‘open house’ signs falling over in streets.

Commissioner Bagley advised residents are picking those up and bringing them to City Hall.

 

B.  City Manager

CM McClintock reminded of the following:

-         June 18th there will be a joint meeting of HRB and the Planning Commission to discuss Community Center

-         June19th, early concepts of the South San Juan specific plan  will be presented

-         Crafts Festival and Arts at the Mission June 23rd and 24th

-         next weekend Recertification of Anza Trail, as well as Early Days Parade at 9 a.m., then the recertification ceremony, with guided walks on the Trail

-         Eagle Scout project June16th

 

C.    City Planner

Discussion evolved regarding the July 3, 2007 meeting, with CP Sundt announcing that there were no items scheduled for the meeting at this time. BY CONSENSUS, THE COMMISSIONERS PRESENT – AND NONE WERE ABSENT - AGREED THAT IF NO NEW BUSINESS WAS PRESENTED FOR ACTION BY THE TIME THE MEETING SHOULD BE POSTED, CITY STAFF WAS DIRECTED TO POST NOTICE OF CANCELLATION OF THE MEETING. 

 

Adjournment:

 

ACTING ON THE MOTION BY COMMISSIONERS OSTROWSKI /SPENCER FOR ADJOURNMENT, CHAIR GARZA DECLARED THE MEETING COMPLETED, AND AT 8:31 PM, SO ORDERED.  

 

 

Minutes recorded and prepared by:                                  Attest:

 

 

Judi Johnson                                                                 Matthew Sundt, City Planner