PC Minutes-2020-11-10 MINUTES November 10, 2020 SAN JUAN CAPISTRANO PLANNING COMMISSION REGULAR MEETING
TELEPHONIC/VIDEO CONFERENCE MEETING ORGANIZATION: Chair Wilhelm called the Regular and Telephonic/Video Conference Meeting of
November 10, 2020, of the Planning Commission of the City of San Juan Capistrano to
order at 6:32 p.m.
ROLL CALL:
PLANNING COMMISSIONERS ATTENDING BY TELECONFERENCE/VIDEO CONFERENCE, PURSUANT TO EXECUTIVE ORDER N-29-20: Chair Tami Wilhelm,
Vice Chair Taylor and Commissioners Stan Braden, Lisa Fenning and Howard Hart.
COMMISSIONER ABSENT: None.
STAFF PRESENT: Maria Morris, City Clerk Joel Rojas, Development Services Director Sergio Klotz, Assistant Development Services Director Paul Garcia, Associate Planner
Elizabeth Hull, Deputy City Attorney
Agenda items are presented in the originally agendized format for the benefit of the minutes’ reader but were not necessarily heard in that order.
PLEDGE OF ALLEGIANCE: None.
ORAL COMMUNICATIONS: Anonymous caller provided comments.
CONSENT CALENDAR:
Commission Action: Moved by Commissioner Braden, seconded by Commissioner Taylor, to approve the consent calendar (Item C1) by a 5-0 vote.
C1. PLANNING COMMISSION MINUTES – REGULAR MEETING OF October 27, 2020, APPROVED ROLL CALL:
AYES: COMMISSIONER: Wilhelm, Braden, Fenning, Hart and Taylor. NOES: COMMISSIONER: None ABSENT: COMMISSIONER: None ABSTAINED: COMMISSIONER: None
UNFINISHED BUSINESS: None.
Planning Commission Action Minutes 2 November 10, 2020
NEW BUSINESS: E1. Consideration of Architectural Control (AC) 18-018, Compliance with City Council Policy #606, Chick-fil-A; a request for approval of payment of in-lieu fee as an
alternative to constructing a Historic Depiction Program at 31872 Del Obispo Street
(Assessor Parcel Number 668-241-20) (Applicant: 4G Development, Leah Lombardi)(Project Manager: Paul Garcia, Associate Planner). Paul Garcia made the staff presentation and responded to questions.
Chair Wlihelm opened the public comment and Frank Larkin, City resident; and Richard Heimann, City Resident; and Leah Loveland, Chick-Fil-A provided public testimony.
Commission Action: COMMISIONER Hart made a motion, seconded by
COMMISSIONER Braden, staff recommendation and made recommendation to the Cultural Heritage Commission and City Council that the in-lieu fee funds be used for art in the public square. The motion passed by a 5-0 vote.
ROLL CALL:
AYES: COMMISSIONER: Wilhelm, Braden, Fenning, Hart and Taylor. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None
ABSTAINED: COMMISSIONER: None
PUBLIC HEARINGS: F1. Continued Consideration of General Plan Amendment 18-001 and Code
Amendment 18-001; Including: Resolution Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring Reporting Program and adopting Findings of Fact and Statement of Overriding Considerations, to Correct Inconsistencies between the City’s Historic Town Center Master Plan (HTCMP), Historic Town Center Form Based Code (HTCFBC) and the
General Plan by repealing the HTCMP and HTCFBC, amending the General Plan and replacing the FBC with amendments to the Land Use Code (Applicant: City of San Juan Capistrano)(Project Manager: Sergio Klotz, Assistant Director).
Sergio Klotz made the staff presentation and responded to questions. Chair Wlihelm opened the public hearing and no one provided public testimony. Commission Action: COMMISIONER Fenning made a motion, seconded by
COMMISSIONER Braden, to adopt resolutions and recommending the following exceptions: 1) Setbacks for designated historical designated structures, revised language and substitute in both places façade to elevation, and strike out the
Planning Commission Action Minutes 3 November 10, 2020
second sentence: “The setbacks applies only to new buildings and not to any parking structures or new accessory structures;” 2) Parking spaces issues, modify language to state in the second sentence” “No additional parking spaces for outdoor dining or drinking areas are required as they are considered accessory_ to the principal use”. The motion passed by a 5-0 vote.
ROLL CALL: AYES: COMMISSIONER: Wilhelm, Braden, Fenning, Hart and Taylor. NOES: COMMISSIONER: None
RECUSED: COMMISSIONER: None
ABSTAINED: COMMISSIONER: None F2. Appeal of the Development Services Director’s Administrative Approval of Grading Plan Modification 20-011, and the determination of California
Environmental Quality Act, Class 3, Categorical Exemption, related to proposed
onsite grading for construction of two new above grade Accessory Dwelling Units adjacent to Don Juan Avenue and a seating area adjacent to Andres Pico Road for an existing Multi-Family Residence at 31341 Don Juan Avenue. (Project Manager: Laura Stokes, Housing Supervisor/Associate Planner).
Sergio Klotz made the staff presentation and responded to questions. Mr. Johnson, appellant made a presentation and responded to Commissioner questions.
Caesar Guyot, property owner, and William Parker, applicant, made presentation and responded to Commissioner questions. Chair Wlihelm opened the public hearing and no one provided public testimony.
Commission Action: COMMISIONER Wilhelm made a motion, seconded by COMMISSIONER Fenning, adopt a resolution denying the appeal and making all the appropriate findings to affirm the Development Services Director’s approval of Grading Plan Modification 20-011.The motion passed by a 4-1 vote.
ROLL CALL: AYES: COMMISSIONER: Wilhelm, Fenning, Hart and Taylor. NOES: COMMISSIONER: Braden
RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None F3. Continued Consideration of Architectural Control (AC) 19-010, Development
Agreement (DA) 20-002, General Plan Amendment (GPA) 18-004, Grading Plan
Modification (GPM) 19-012, Sign Permit (SP) 20-018, Tentative Tract Map (TTM) 19-001, Tree Removal Permit (TRP) 19-018, and Zone Change (ZC) 19-001;
Planning Commission Action Minutes 4 November 10, 2020
Creekside Specific Plan: a request for review of development plans related to a proposed gated 174-unit residential subdivision with three distinct housing types located at 30700 Rancho Viejo Road (APN 650-111-15 & 650-112-07)(Applicant: Peter Vanek, Integral Partners Funding, LLC)(Project Manager: Paul Garcia, Associate Planner). CONTINUED FROM OCTOBER 27, 2020 PLANNING
COMMISSION MEETING. Commissioner Braden recused and removed himself from the meeting due to a conflict of interest with item F3.
Chair Wlihelm opened the public hearing and no one provided public testimony. Commission Action: COMMISIONER Fenning made a motion, seconded by COMMISSIONER Hart, to continue item to the December 8, 2020 Planning Commission meeting. The motion passed by a 4-0 vote.
ROLL CALL: AYES: COMMISSIONER: Wilhelm, Fenning, Hart and Taylor. NOES: COMMISSIONER: None
RECUSED: COMMISSIONER: Braden ABSTAINED: COMMISSIONER: None INFORMATION ITEM:
None. COMMISSION/STAFF COMMENTS:
ADJOURNMENT:
There being no further business, Chair Wilhelm adjourned the meeting at 9:15 p.m. to
Tuesday, December 8, 2020, at 6:30 p.m. in the City Council Chamber. Approved on January 12, 2021.
___________________________ Maria Morris, City Clerk Acting Planning Commission Secretary