PC Minutes-2022-01-12 MINUTES January 12, 2022
SAN JUAN CAPISTRANO PLANNING COMMISSION REGULAR MEETING TELEPHONIC/VIDEO CONFERENCE MEETING ORGANIZATION:
Chair Taylor called the Regular and Telephonic Conference Meeting of January 12, 2022, of the Planning Commission of the City of San Juan Capistrano to order at 5:00 p.m. ROLL CALL:
PLANNING COMMISSIONERS PRESENT: Commissioners Stan Braden, Matt Gaffney,
and Tami Wilhelm.
PLANNING COMMISSIONERS ATTENDING BY TELEPHONE: Commissioners Harrison Taylor and Darren Fancher.
COMMISSIONER ABSENT: None. STAFF PRESENT: Sergio Klotz, Assistant Development Services Director
STAFF ATTENDING BY TELEPHONE: Joel Rojas, Development Services Director
Paul Garcia, Associate Planner
George Alvarez, City Engineer Jane Abzug, 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:
Commissioner Taylor led the Pledge of Allegiance. ORAL COMMUNICATIONS: None.
CONSENT CALENDAR: Commission Action: Moved by Commissioner Wilhelm, seconded by Commissioner Gaffney, to approve consent calendar items C1, and C2 by a 5-0 vote.
C1. MOTION FINDING THAT CONDUCTING TELEPHONIC/VIRTUAL MEETINGS FOR THE REGULAR OPEN SESSION MEETINGS AS ALLOWED PER ASSEMBLY BILL 361, PROMOTES SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC. APPROVED.
Planning Commission Action Minutes 2 January 12, 2022
C2. DRAFT DECEMBER 22, 2021 PLANNING COMMISSION MINUTES. APPROVED. ROLL CALL:
AYES: COMMISSIONER: Taylor, Wilhelm, Braden, Gaffney, and Fancher NOES: COMMISSIONER: None ABSENT: COMMISSIONER: None ABSTAINED: COMMISSIONER: None
UNFINISHED BUSINESS: None. NEW BUSINESS: None. PUBLIC HEARINGS: F1. Consideration of Architectural Control (AC) 20-012, Conditional Use Permit (CUP)
20-003, Discretionary Use Permit (DUP) 20-001, Grading Plan Modification (GPM)
21-002, Sign Program (SP) 20-024, and Tree Removal Permit (TRP) 20-021 for an In-N-Out Burger Restaurant with Drive-Through, including a request to demolish an existing 11,292 sq. ft. building and construct a new 3,879 sq. ft. building, and related site improvements, including site grading with retaining walls
and project related signage, located on two adjoining parcels totaling
approximately 1.8 acres at 31791 Del Obispo Street (Assessor Parcel Numbers 124-160-60 & 668-242-12) (Applicant: Cassie Ruiz, In-N-Out Burgers, Inc.)(Project Manager: Paul Garcia, Associate Planner). CONTINUED FROM DECEMBER 8, 2021 PLANNING COMMISSION MEETING.
Paul Garcia, provided the staff presentation and responded to questions. Rich Barretto, traffic consultant, responded to questions.
Cassie Ruiz, Applicant, provided a presentation and responded to questions.
Bruce Stewart, legal counsel representing the property owner, informed the Planning Commission that the property owner accepts the conditions of approval as presented.
Chair Taylor opened the public hearing, and Mark Nielsen, Dr. Ken Deck, Laura Freese, Michael Viola, Joanne Marquez, Evonne Norton, David Shahoian, Michael Johnson, Mike, Henson, Corey Henson, Larry North, Gary Tinnes, Tom Hribar, Dennis Hogan, David Jordan, and Marilyn Witt provided public testimony.
Planning Commission Action Minutes 3 January 12, 2022
Commission Action: COMMISSIONER Braden made a motion, seconded by COMMISSIONER Wilhelm, to deny Planning Commission Resolution Number 22-01-12-XX, which recommended approval of the project to the City Council. The motion passed by a 4-1 vote.
ROLL CALL: AYES: COMMISSIONER: Taylor, Braden, Wilhelm, and Fancher NOES: COMMISSIONER: Gaffney RECUSED: COMMISSIONER: None
ABSTAINED: COMMISSIONER: None Commission Action: COMMISSIONER Braden made a motion, seconded by COMMISSIONER Taylor, to adopt a resolution recommending that the City Council deny AC 20-012, CUP 20-003, DUP 20-001, GPM 21-002, SP 20-024,
and TRP 20-021, with the appropriate findings supporting denial read into the record. The motion passed by a 4-1 vote. ROLL CALL:
AYES: COMMISSIONER: Taylor, Braden, Wilhelm, and Fancher.
NOES: COMMISSIONER: Gaffney RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None
INFORMATION ITEM:
None. COMMISSION/STAFF COMMENTS:
ADJOURNMENT:
There being no further business, Chair Taylor adjourned the meeting at 9:35 p.m. to Wednesday, January 19, 2022, at 5:00 p.m. in the City Council Chamber. Approved on January 26, 2022.
Sergio Klotz, Assistant Development Services Director
Planning Commission Secretary