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PC Minutes-2019-01-22A. ORGANIZATION: 1. CALL TO ORDER: MINUTES January 22, 2019 PLANNING COMMISSION REGULAR MEETING The Vice-Chair called the meeting to order at 6:30 p.m. 2. ROLL CALL: Commissioners Present: Tim Neely, Chair -Left after Item F3 Rob Williams, Vice-Chair Matthew Gaffney Mark Speros Barrett Steele -Arrived before Item E1 Staff Present: Joel Rojas, Development Services Director Paul Garcia, Associate Planner Art Bashmakian, Contract Planner Elizabeth Hull, Deputy City Attorney 3. PLEDGE OF ALLEGIANCE: Chair Neely led the Pledge of Allegiance . 8. 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. 1. Draft January 8, 2019 Planning Commission Meeting Minutes. Approved as presented by a 4-0 vote. D. UNFINISHED BUSINESS: None PC Action Minutes 2 January 22, 2019 E. NEW BUSINESS: 1. Consideration of Sign Program (SP) 18-047 24 Hour Fitness Sign Program Project (Michael Roberts, Mega Hertz Electric Inc. Applicant) A request for proposed sign program to allow new building mounted wall signs and a monument sign located at 27124 Calle Arroyo (APN 666-131-09 and 666-131-1 S)(Project Manager: Sergio Klotz, Assistant Director). Paul Garcia made a staff presentation and responded to questions. Roslyn Holderfield, applicant, responded to Commissioners' questions. Adoption of Resolution PC RESOLUTION NO. 19-01-22-01, SIGN PROGRAM (SP) 18-047 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING SIGN PROGRAM (SP) 18- 047 AND AN EXCEPTION TO THE WALL SIGNS HEIGHT PLACEMENT, FOR THE 24 HOUR FITNESS FACILITY LOCATED AT 27124 CALLE ARROYO (ASSESSOR PARCEL NUMBER 666-131-09 AND 666-131-15) (APPLICANT: MIGU EL HARO, MEGA HERTZ ELECTRIC INC .). Commissioner Williams made a motion, seconded by Commissioner Neely, to adopt a resolution approving Sign Program (SP) 18-04 7 and an exception to the wall signs height placement for the 24 Hour Fitness facility, with a modification to eliminate "Sign B", a proposed wall sign on the building's northwest elevation. The motion passed by a 3-2 vote. AYES : Commissioners Neely, Steele and Williams. NOES: Commissioner Speros and Gaffney. ABSTAIN: None. F. PUBLIC HEARINGS: **At the request of the Chair, the agenda was revised. 1. Consideration of an Architectural Controls (AC) 18-028, Conditional Use Permit (CUP) 18-010; and Sign Program (SP) 18-030 Chevron Service Station Project (Fred Cohen, Sorin Enache Applicants) PC Action Minutes 3 January 22, 2019 A request to allow the sale of beer and wine for off-site consumption in conjunction with the operation of an existing Chevron service station; a request to issue a Letter of Public Convenience or Necessity (PCN); Architectural Control (AC) 18-028, a request to allow an expansion and conversion of an auto repair facility associated with the Chevron service station into a small market and Sign Program (SP) 18-030 to allow a new building mounted sign, signs on the pump and a digital monument price sign located at 26571 Junipero Serra Road (Project Manager: Art Bashmakian, Contract Planner). Art Bashmakian made a staff presentation and responded to questions. Fred Cohen, 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. 19-01-22-02, CONDITIONAL USE PERMIT (CUP) 18- 010, ARCHITECTURAL CONTROL (AC) 18-028, SIGN PROGRAM (SP) 18- 030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A TYPE 20 LICENSE FOR "OFF-SALE BEER & WINE" IN CONJUNCTION WITH A SERVICE STATION BUSINESS, A REQUEST FOR ARCHITECTURAL CONTROL TO ALLOW AN EXPANSION AND CONVERSION OF AN EXISTING AUTO REPAIR FACILITY ASSOCIATED WITH THE SERVICE STATION AND SIGN PROGRAM TO ALLOW FOR A WALL MOUNTED SIGN FOR THE NEW SMALL MARKET, SIGNS ON THE PUMPS AND A NEW MONUMENT PRICE SIGN TO REPLACE AN EXISTING MONUMENT PRICE SIGN LOCATED AT 26571 JUNIPERO SERRA. (ASSESSOR PARCEL NUMBER 649-361 -04) (APPLICANTS: SORIN ENACHE AND FRED COHEN). Commissioner Gaffney made a motion, seconded by Chair Neely, to adopt a resolution approving Conditional Use Permit (CUP) 18-010 for a type 20 license for "off-sale beer & wine" in conjunction with a service station business, a request for Architectural Control (AC) 18-028 to allow an expansion and conversion of an existing auto repair facility associated with the service station and Sign Program (SP) 18-030 to allow for a wall mounted sign for the new small market, signs on the pumps and a new monument price sign to replace an existing monument price sign located at 26571 Junipero Serra. The motion passed by a 4-1 vote. AYES: Commissioners Neely, Gaffney, Speros and Williams. NOES: Commissioner Steele. PC Action Minutes 4 January 22, 2019 ABSTAIN: None. Adoption of Resolution PC RESOLUTION NO. 19-01-22-03, PUBLIC CONVENIENCE OR NECESSITY (PCN) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ISSUE A LEITER OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) FOR THE ISSUANCE OF A TYPE 20 LICENSE FOR THE PREMISES AT 26571 JUNIPERO SERRA ROAD. (ASSESSOR PARCEL NUMBER 649-361-04) (APPLICANTS: SORIN ENACHE AND FRED COHEN). Commissioner Gaffney made a motion, seconded by Chair Neely, to adopt a resolution, recommending that the City Council issue a Letter of Public Convenience or Necessity (PCN) to the California Department of Alcoholic Beverage Control (ABC) for the Issuance of a type 20 License for the premises at 26571 Junipero Serra Road. The motion passed by a 4-1 vote. AYES: Commissioners Neely, Gaffney, Speros and Williams. NOES: Commissioner Steele. ABSTAIN: None. 3. Consideration of Code Amendment (CA) 17-007 and Conditional Use Permit (CUP) 18-007 Bad to the Bone (c/o PRS Group Applicant) A request to Amend the Ortega Planned Community Comprehensive Development Plan 78-01, Sector A-2, Subsector 1, to Permit Banquet Facilities with Live Entertainment with Approval of a Conditional Use Permit, and a Conditional Use Permit for Bad to the Bone to operate a Banquet Facility with Live Entertainment, 31738 Rancho Viejo Road (Assessor Parcel Numbers 666-261-06/07 /08/09 and portions of 666-261-13/14 )(Project Manager: Laura Stokes, Housing Supervisor/ Associate Planner). Joel Rojas made a staff presentation and responded to questions. Phillip Schwartz, applicant, responded to Commissioners' questions. Chair Neely opened the Public Hearing and Mark Mitchell, Mary Gage Gillette and Jim Gillette, provided public testimony. Chair Neely closed the Public Hearing . PC Action Minutes 5 January 22, 2019 Adoption of Resolution PC RESOLUTION NO. 19-1-22-04, CODE AMENDMENT (CA) 17-007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRATNO APPROVE OF CODE AMENDMENT 17-007 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST TO AMEND THE ORTEGA PLANNED COMMUNITY COMPREHENSIVE DEVELOPMENT PLAN 78-01 , SECTOR A-2, SUBSECTOR 1, TO PERMIT BANQUET FACILITIES WITH LIVE ENTERTAINMENT WITH APPROVAL OF A CONDITIONAL USE PERMIT AT 317838 RANCHO VIEJO ROAD (APN 666-261-06/07/0809 AND PORTIONS OF 666-261-13/14) (APPLICANT:.SAD TO THE BONE C/O PRS GROUP). Commissioner Speros made a motion, seconded by Commissioner Williams, to adopt a resolution, recommending that the City Council approve Code Amendment (CA) 17-007 and confirming Issuance of a Categorical Exception and approving a Request to amend the Ortega Planned Community Comprehensive Development Plan 78-01, sector a-2, subsector 1, to permit banquet facilities with live entertainment with approval of a Conditional Use Permit. The motion passed by a 5-0 vote. AYES: Commissioners Neely, Gaffney, Speros, Steele and Williams. NOES: None. ABSTAIN: None. Adoption of Resolution PC RESOLUTION N0.19-01-22-05. CONDITIONAL USE PERMIT(CUP) 18- 007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO APPROVAL OF CONDITIONAL USE PERMIT 18- 007 AND CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION FOR BAD TO THE BONE TO OPERATE A BANQUET FACILITY WITH LIVE ENTERTAINMENT FOR PROPERTY LOCATED AT 31738 RANCHO VIEJO ROAD (ASSESSOR PARCEL NUMBER 666-261-06) (APPLICANT: BAD TO THE BONE C/O PRS GROUP). Commissioner Speros made a motion, seconded by Commissioner Williams, approving Conditional Use Permit (CUP) 18-007 and confirming Issuance of Categorical Exception for the Bad to the Bone to operate a Banquet Facility with Live Entertainment. The motion passed by a 5-0 vote. AYES: Commissioners Neely, Gaffney, Speros, Steele and Williams. NOES: None. PC Action Minutes 6 January 22, 2019 ABSTAIN: None. Commission Neely recused himself from the remainder of the meeting due to conflict of interest with item F2. 2. Consideration of an Architectural Control (AC) 17-031, Zone Variance (ZV) 18-004, Sign Permit (SP) 18-043, Grading Plan Modification (GPM) 18-008 & Floodplain Land Use Permit (FP) 18-002 San Juan Hills Golf Club (Robert Harding Applicant) A request to relocate and reconfigure an existing driving range, construct a new parking lot with new landscaping, a new driveway access, a new ancillary structure, grading associated with the reconfiguration, a new 50 to 80 foot tall safety net for the relocated driving range, a new monument sign and to allow development within a Flood Zone located at 32120 San Juan Creek Road (Assessor Parcel Number 666-011-027)(Project Manager: Art Bashmakian, Contract Planner). Art Bashmakian made a staff presentation and responded to questions. Robert Harding, applicant, responded to Commissioners' questions. Vice-Chair Williams opened the Public Hearing and Robert Bruosh and Dave Kettle provided public testimony. Vice-Chair Williams closed the Public Hearing. Adoption of Resolution PC RESOLUTION NO. 19-1-22-06 ARCHITECTURAL CONTROL (AC) 17- 031 SIGN PERMIT (SP) 18-043 GRADING PLAN MODIFICATION (GPM) 18- 008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING ARCHITECTURAL CONTROL (AC) 17-031 I SIGN PERMIT (SP) 18-043, GRADING PLAN MODIFICATION (GPM) 18-008, (SAN JUAN HILLS GOLF CLUB) RELOCATION AND RECONFIGURATION OF AN EXISTING DRIVING RANGE AND HOLES, NEW PARKING LOT. NEW ANCILLARY STRUCTURE AND LANDSCAPING, GRADING ASSOCIATED WITH THE RECONFIGURATION . A NEW 50 TO 80 FOOT TALL SAFETY FENCE. A NEW MONUMENT SIGN. AT 32120 SAN JUAN CREEK ROAD (APN 666- 011-027) (APPLICANT: ROBERT HARDING). Commissioner Gaffney made a motion, seconded by Commissioner Speros, to adopt a resolution conditionally approving Architectural Control (AC) 17-031 , Sign Permit (SP) 18-043, Grading Plan Modification (GPM) 18-008, allowing the relocation and reconfiguration of an existing driving range, parking lot, ancillary driving range structure, two golf holes, landscaping, grading associated with the reconfiguration, a new 50 to 80 foot tall safety fence, a PC Action Minutes 7 January 22, 2019 new monument sign. The Tree Removal Permit application shall be reviewed by the Design Review Committee and the Planning Commission concurrently with its review of the final landscape plans prior to issuance of any grading or building permit associated with this project. The motion passed by a 4-0 vote. AYES: Commissioners Gaffney, Speros, Steele and Williams. NOES: None. ABSTAIN: None. Adoption of Resolution PC RESOLUTION NO. 19-1 -22-07 FLOODPLAIN LAND USE PERMIT (FP) 18-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THE CITY COUNCIL APPROV FLOODPLAIN LAND USE PERMIT (FP) 18-002 (SAN JUAN HILLS GOLF CLUB) ASSOCIATED WITH THE RELOCATION AND RECONFIGURATION OF AN EXISTING DRIVING RANGE AND HOLES, NEW PARKING LOT, NEW ANCILLARY STRUCTURE AND LANDSCAPING, GRADING, A NEW 50 TO 80 FOOT TALL SAFETY FENCE, A NEW MONUMENT SIGN, AT 32120 SAN JUAN CREEK ROAD (APN 666-011-027) (APPLICANT: ROBERT HARDING). Commissioner Gaffney made a motion, seconded by Commissioner Speros, to adopt a resolution recommending that the City Council approve Floodplain Land Use Permit (FP) 18-002 to allow the development associated with Architectural Control (AC) 17-031, Sign Permit (SP) 18-043, and Grading Modification (GPM) 18-008 to occur in a Flood Zone. The motion passed by a 4-0 vote. AYES: Commissioners Gaffney, Speros, Steele and Williams. NOES: None. ABSTAIN: None. G. INFORMATION ITEM: None. H. COMMISSION/STAFF DISCUSSION The Commission was informed that February 8, 2019 is the deadline to submit applications to the City Clerk's Office for appointment to the Planning Commission. PC Action Minutes 8 _January 22 , 2019 I. ADJOURNMENT: At 8:56 p.m., there being no further business, Chair Neely adjourned to Tuesday, February 26, 2019, at 6:30 p.m. in the Council Chambers. Approved on February 26, 2019.