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.