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PC Minutes-2017-06-27MINUTES June 27, 2017 PLANNING COMMISSION REGULAR MEETING A. ORGANIZATION: 1. CALL TO ORDER: The Chair called the meeting to order at 6:30 p.m. 2. ROLL CALL: Commissioners Present: Mark Speros, Chair Rob Williams, Vice -Chair Marc Franz Tim Neely Barrett Steele Commissioners Absent: None Staff Present: Joel Rojas, Development Services Director Sergio Klotz, Assistant Development Services Director Elizabeth Hull, Deputy City Attorney David Contreras, Senior Planner Laura Stokes, Housing Coordinator/Assistant Planner Paul Garcia, Associate Planner 3. PLEDGE OF ALLEGIANCE: Chair Speros led the Pledge of Allegiance. B. ORAL COMMUNICATIONS: None. C. 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. Draft May 23, 2017 Planning Commission Minutes. Approved as presented by a 4-0-1 vote (Commissioner Williams abstained). PC Action Minutes 2 June 27 2017 2. Draft June 13, 2017 Planning Commission Minutes. Approved as presented by a 4-0-1 vote (Commissioner Neely abstained). D. UNFINISHED BUSINESS: None. E. NEW BUSINESS: Selection of Planning Commission Representative and Alternate Representative to attend the City Council Appeal Hearing, tentatively scheduled for July 18, 2017, on the Planning Commission's unanimous denial of Conditional Use Permit 16-008; a request to allow the sale of beer and wine for off-site consumption in conjunction with the operation of an existing Camino Capistrano Shell service station located at 32001 Camino Capistrano (Behrad Dashti, SJCC Corporation President). Oral report only for item. Commissioner Williams made the motion, seconded by Commissioner Steele to select Commissioner Steele as the affirmative representative and Commissioner Franz as the Alternate affirmative representative to attend the City Council meeting to represent the view of the Commission and to answer any questions the City Council may have. AYES: Chair Speros, Commissioners Franz, Neely, Steele and Williams. NOES: None. ABSTAIN: None. 2. Consideration of Architectural Control 17-004, Carl's Jr; review of proposed paint, lighting, landscape, and accessibility modifications for the Carl's Jr. restaurant located at 31852 Del Obispo Street (Assessor Parcel Number 668- 241-07)(Applicant: David Amestoy, David Amestoy Enterprises LLC)(Project Manager: Laura Stokes, Housing Coordinator/Assistant Planner) Laura Stokes made the staff presentation and responded to questions. Bret Wiles, applicant, provided a presentation and responded to Commissioner's questions and comments. Adoption of Resolution PC RESOLUTION NO. 17-06-27-01, ARCHITECTURAL CONTROL (AC) 17- 004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 17-004 FOR THE CARL'S JR. LOCATED AT 31852 DEL OBISPO STREET (ASSESSOR PARCEL NUMBERS 668-241-07) (CARL'S JR. PC Action Minutes 3 June 27, 2017 Commissioner Williams made a motion, seconded by Commissioner Neely, to adopt a resolution approving Architectural Control (AC) 17-004, Carl's Jr. Architectural Modification. Commissioner Franz made a substitute motion to include a condition that the intensity of the light source not exceed 5,000 Kelvin and the color be white only. The maker and second of the motion accepted, the motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Franz, Neely, Steele and Williams. NOES: None. ABSTAIN: None. F. PUBLIC HEARINGS: Consideration of Grading Plan Modification (GPM) 15-013, Sustaita Residence; a request for approval of a grading plan to address unpermitted grading on a 1.4 acre parcel at 33561 Valle Road (Assessor Parcel Number 675-331-04)(Applicant: Tony Sustaita)(Project Manager: David Contreras, Senior Planner). David Contreras made the staff presentation and responded to questions. Kurt Saxen, Civil Engineer, provided a presentation and responded to Commissioner's questions and comments. Tony Sustaita, Applicant, provided a presentation and responded to Commissioner's questions and comments. Chair Speros opened the Public Hearing and Tony Sustaita provided comments. Chair Speros then, closed the Public Hearing. Adoation of Resolution PC RESOLUTION NO. 17-06-27-02 GRADING PLAN MODIFICATION (GPM) 15-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIAAPPROVING A GRADING PLAN MODIFICATION TO MODIFY AND CORRECT GRADING AND RETAINING WALLS ON A 1.4 ACRE PARCEL LOCATED AT 33561 VALLE ROAD (ASSESSOR PARCEL NUMBER 675-331-04)(SUSTAITA RESIDENCE). Chair Speros made a motion, seconded by Commissioner Franz, to adopt a resolution approving Grading Plan Modification (GPM) 15-013, to modify and correct grading and retaining walls on a 1.4 acre parcel. The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Franz, Neely, Steele and Williams. PC Action Minutes 4 June 27 2017 NOES: None. ABSTAIN: None. 2. Consideration of Architectural Control (AC) 16-021, Sign Permit (SP) 16-029, and Tree Removal Permit (TRP) 17-038; Chick-fil-A: review of development plans for the renovation of an existing 2,193 sq. ft. restaurant building, a new 936 sq. ft. covered patio area and on-site improvements to the existing parking area, landscaping, including the removal of thirteen (13) non -heritage trees, and new signage located at 31771 Del Obispo Street (Assessor Parcel Numbers 124-160-54 and 124-160-59) (Applicant: 4G Development, Bob Hatch)(Project Manager: Paul Garcia, Associate Planner). Paul Garcia made the staff presentation and responded to questions. Jennifer Daw, Applicant, provided a presentation and responded to Commissioner's questions and comments. Ted Stroscher, Property Owner, provided a presentation and responded to Commissioner's questions and comments. Chair Speros opened the Public Hearing and Tina Sweeneygray and Emily Isminger provided comments. Chair Speros then, closed the Public Hearing. Commissioner Williams made a motion, seconded by Chair Speros, to continue the item to the July 25, 2017, Planning Commission meeting to allow staff to further review potentially non -conforming drive-thru options and study other Chick-fil-A restaurants with drive thru's with outdoor dining only. The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Franz, Neely, Steele and Williams. NOES: None. ABSTAIN: None. G. INFORMATION ITEM: None. H. COMMISSION/STAFF DISCUSSION: Planning Commissioner Representatives reminder for upcoming City Council agenda items. The Commission was informed that the Appeal of Denial of Conditional Use Permit 16-008, Shell Alcohol Sales will be heard at the July 18, 2017, City Council meeting. PC Action Minutes 5 June 27, 2017 2. Planning Commission Update Report — Planning Commission Items to City Council. Report received and filed. I. ADJOURNMENT: At 8:57 p.m., there being no further business, the Chair adjourned to Tuesday, July 25, 2017, at 6:30 p.m. in the Council Chambers. Approved on July 25, 2017. Sergio Klot'f; Assistant Development Services Director Planning Commission Secretary