PC Minutes-2018-09-11A. ORGANIZATION:
1. CALL TO ORDER:
MINUTES
September 11, 2018
PLANNING COMMISSION
REGULAR MEETING
The Chair called the meeting to order at 6:30 p.m .
2. ROLL CALL:
Commissioners Present: Tim Neely, Chair
Rob Williams, Vice-Chair
Mathew Gaffney
Mark Speros
Commissioners Absent: Barrett Steele
Staff Present: Joel Rojas, Development Services Director
Sergio Klotz, Assistant Development Services Director
Laura Stokes, Housing Supervisor/Associate Planner
Paul Garcia, Associate Planner
Art Bashmakian, Contract Planner
Elizabeth Hull, Deputy City Attorney
3. PLEDGE OF ALLEGIANCE:
Chair Neely led the Pledge of Allegiance.
B. ORAL COMMUNICATIONS: Mr. Steve Behmerwohld, City resident.
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.
1. Draft August 28, 2018 Planning Commission Meeting Minutes. Approved as
presented by a 3-0-1 vote with Commissioner Neely abstaining.
D. UNFINISHED BUSINESS:
None
PC Action Minutes 2 September 11. 2018
E. NEW BUSINESS:
None.
F. PUBLIC HEARINGS:
1. Consideration of Architectural Control (AC) 18-024; Plaza Banderas Hotel, a
request for review of site plan modifications to the location of an approved
parking area, swimming pool and entry driveway, located at 26871 & 26891
Ortega Highway, generally located at the northeast corner of Ortega Highway
and El Camino Real (Assessor Parcel Number 124-170-
12, 14, 15, 16)(Applicant: Dan Friess, Mission Commercial Properties (Project
Manager: David Contreras, Principal Planner) -RECOMMENDING TO BE
CONTINUED TO SEPTEMBER 25, 2018 PLANNING COMMISSION.
Director Rojas made a staff presentation recommending that the public
hearing be continued to a date specific, September 25, 2018, and noting that
new public notices would be sent.
Commissioner Speros made a motion, seconded by Commissioner Neely, to
continue the public hearing to the September 25, 2018, Planning Commission
meeting. The motion passed by a 4-0 vote.
AYES: Commissioners Neely, Gaffney, Speros and Williams .
NOES: None.
ABSTAIN: None.
2. Consideration of Architectural Control (AC) 18-010 and Zone Variance and
Minor Exception (ZV) 18-002, Tradewinds; Review of modifications to
previously approved AC 16-002, and AC 16-022 (Peninsula), Tract 15609 (lots
1-23), Pacifica San Juan Development, located at Paseo Campanilla and
Paseo Celestial at Vista Marina west of Avenida California. (APN 675-444-01-
675-444-24; 675-444-25; 675-442-05 -675-442-07). (Applicant: Nick Norvilas,
Toll Brothers)(Project Manager: Art Bashmakian, Contract Planner).
Art Bashmakian made the staff presentation and responded to questions.
Nick Norvilas, applicant, responded to Commissioners' questions.
Chair Neely opened the Public Hearing and Sharon Cheever provided public
testimony.
Adoption of Resolution
PC RESOLUTION NO. 18-09-11-01. ARCHITECTURAL CONTROL (AC) 18-
010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PC Action Minutes 3 September 11. 2018
SAN JUAN CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL
CONTROL (AC) 18-010, MINOR EXCEPTIONS. AND ZONE VARIANCE (ZV)
18-002, MODIFICATIONS TO PREVIOUSLY APPROVED DEVELOPMENT
PLANS FOR 23 NEW SINGLE-FAMILY DETACHED HOMES WITHIN TRACT
15609, THE PENINSULA AT PACIFICA SAN JUAN LOCATED AT PASEO
CAMPANILLAAND VISTA MARINA WEST OF AVENIDA CALIFORNIA
(ASSESSOR'S PARCEL NUMBERS 675-444-01 THROUGH 675-444-22)
(APPLICANT: NICK NORVILAS, TOLL BROTHERS).
Commissioner Gaffney made a motion, seconded by Commissioner Speros, to
adopt a resolution approving Architectural Control (AC) 18-010 and Zone
Variance and Minor Exceptions (ZV) 18-002, allowing modifications to
previously approved development plans for 23 new single-family detached
homes within Tract 16-09, the Peninsula at Pacifica San Juan with an
additional condition of approval that authorizes staff to develop guidelines for
future administrative approval of changes to elevation types provided no more
than two of the same elevations are located next to each other or directly
across the street from one another. The motion passed by a 4-0 vote.
AYES: Commissioners Neely, Gaffney, Speros and Williams.
NOES: None.
ABSTAIN: None.
3. Consideration of Architectural· Control (AC) 18-011, Ocean Hills. Review of
modifications to a previously approved Architectural Control (AC 16-003),
(Crystal Downs South) Ocean Hills, Tract 16752 (lots 1-82) which approved
development plans for 82 new single-family detached houses (APN 675-4 71-
01 through 675-444-38; 675-4 71-41; 675-461-46; 675-461-01 through 675-
461-44; 675-461-50 through 675-461-52). (. (Applicant: Nick Norvilas, Toll
Brothers)(Project Manager: Art Bashmakian, Contract Planner).
Art Bashmakian made the staff presentation and responded to questions.
Nick Norvilas, applicant, responded to Commissioners' questions.
Chair Neely opened the Public Hearing and no members of the public provided
comments. Chair Neely closed the Public Hearing.
Adoption of Resolution
PC RESOLUTION NO. 18-09-11-02, ARCHITECTURAL CONTROL (AC) 18-
011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO. CALIFORNIA APPROVING ARCHITECTURAL
CONTROL (AC) 18-011 I (TRADEWINDS) MODIFICATIONS TO
PREVIOUSLY APPROVED DEVELOPMENT PLANS FOR 82 NEW SINGLE-
FAMIL Y DETACHED HOMES WITHIN TRACT 16752 LOCATED AT PASEO
PC Action Minutes 4 September 11 , 2018
TRANQUILA SOUTH OF AVENIDA CALIFORNIA (ASS ESSOR'S PARCEL
NUMBERS 675-461-01THROUGH675-461-44 AND 675-471-01 THROUGH
675-471-38)(APPLICANT: NICK NORVILAS, TOLL BROTHERS).
Commissioner Speros made a motion, seconded by Commissioner Gaffney, to
adopt a resolution approving Architectural Control (AC) 18-011, allowing
modifications to previously approved development plans for 82 new single-
family detached homes within Tract 16752, the Peninsula at Pacifica San Juan
with an additional condition of approval that authorizes staff to develop
guidelines for future administrative approval of changes to elevation types
provided no more than two of the same elevations are located next to each
other or directly across the street from one another. The motion passed by a 3-
1 vote.
AYES: Commissioners Gaffney, Speros and Williams.
NOES: Neely.
ABSTAIN : None.
4. Consideration of Architectural Control (AC) 18-012; Mountain Pines Christmas
Tree Farm Storage Barn, a request for review of a proposed new 2, 160 square
foot storage barn and replacing various site storage structures totaling 2,380
square feet at an existing Christmas tree farm located at 29932 Camino
Capistrano (APN 650-023-09)(Laura Stokes, Housing Supervisor/Associate
Planner).
Laura Stokes made the staff presentation and responded to questions.
Chair Neely opened the Public Hearing and no members of the public provided
comments. Chair Neely then, closed the Public Hearing.
Adoption of Resolution
PC RESOLUTION NO. 18-09-11-03, ARCHITECTURAL CONTROL (AC) 18-
012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN JUAN CAPISTRANO, CALI FORNIA APPROVING OF ARCHITECTURAL
CONTROL (AC) 18-012 FOR THE MOUNTAIN PINES CHRISTMAS TREE
FARM 2,160 SQUARE FOOT STORAGE BARN LOCATED AT 29932
CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 650-023-09).
Commissioner Speros made a motion, seconded by Commissioner Gaffney, to
adopt a resolution approving Architectural Control (AC) 18-012, as conditioned.
The motion passed by a 4-0 vote.
AYES: Commissioners Neely, Gaffney, Speros and Williams.
NOES: None.
PC Action Minutes 5 September 11. 2018
ABSTAIN: None.
5. Appeal of the Zoning Administrator's Approval of Zone Variance (ZV) 18-001
and the Director of Development Services Administrative Approval of Grading
Plan Modification (GPM) 18-003, related to proposed land use improvements
at 31341 Andres Pico Road (APN: 124-201-30), the Griffin Residence
(Applicant)(Appellant: Bryan Johnson)(Project Manager: Paul Garcia,
Associate Planner).
Paul Garcia made the staff presentation and responded to questions.
David Ewing, Architect, addressed the Commission.
Greg Weiler, Applicant's Attorney, addressed the Commission.
Robin Griffin and Gary Griffin, applicant, addressed the Commission .
Bryan Johnson, appellant, presented his appeal to the Commission.
Chair Neely opened the Public Hearing and Andy Ces, Tom Entwistle, Micheal
Moyles, and Julie Thomas provided public comments.
Greg Weiler, Applicant's Attorney, made a rebuttal to the appellant's
assertions.
Gary Griffin, applicant, made a rebuttal to the appellant's assertions.
The following members of the public did not provide public testimony: Nicole
Johnson and Nancy Timmons.
Adoption of Resolution
PC RESOLUTION NO. 18-09-11-04, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO. CALIFORNIA
DENYING THE APPEALS AND AFFIRMING, WITH ONE MODIFICATION,
THE ZONING ADMINISTRATOR'S APPROVAL OF ZONE VARIANCE (ZV)
18-001 AND THE DEVELOPMENT SERVICES DIRECTOR'S APPROVAL OF
GRADING PLAN MODIFICATION (GPM) 18-003 RELATED TO PROPOSED
LAND USE IMPROVEMENTS AT 31341 ANDRES PICO ROAD (APN: 124-
201-30), THE GRIFFIN RESIDENCE (APPLICANT: ROBIN GRIFFIN)
(APPELLANT: BRYAN JOHNSON).
Commissioner Gaffney made a motion, seconded by Commissioner Speros, to
adopt a resolution, denying the appeals and making all the appropriate
findings to affirm the Zoning Administrator's approval of Zone Variance (AV)
18-001, and Development Services Director's approval of Grading Plan
PC Action Minutes 6 September 11. 2018
Modification (GPM) 18-003, with an additional condition of approval added to
Exhibit A. The motion passed by a 3-1 vote.
AYES: Commissioners Neely, Gaffney and Speros.
NOES: Williams.
ABSTAIN: None.
G. INFORMATION ITEM:
None.
H. COMMISSION/STAFF DISCUSSION
Vice-Chair Rob Williams mentioned he would not be at the September 25, 2018
Planning Commission meeting.
I. ADJOURNMENT:
At 9:20 p.m., there being no further business, the Chair adjourned to Tuesday,
September 25, 2018, at 6:30 p.m. in the Council Chambers.
Approved on September 25, 2018.
Sergio otz, Assistant Development Services Director
Planning Commission Secretary