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PC Minutes-2022-04-13 MINUTES April 13, 2022 SAN JUAN CAPISTRANO PLANNING COMMISSION REGULAR MEETING TELEPHONIC/VIDEO CONFERENCE MEETING ORGANIZATION: Vice Chair Wilhelm called the Regular and Telephonic Conference Meeting of April 13, 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, Darren Fancher, Matt Gaffney, and Tami Wilhelm. COMMISSIONER ABSENT: None. STAFF PRESENT: Joel Rojas, Development Services Director Laura Stokes, Housing Supervisor/Associate Planner Jeffrey Graham, Contract Planner 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 Gaffney led the Pledge of Allegiance. ORAL COMMUNICATIONS: None. None. CONSENT CALENDAR: Commission Action: Moved by Commissioner Gaffney, seconded by Commissioner Braden, to approve consent calendar items C1 and C2 by a 4-0 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. C2. DRAFT March 23, 2022, PLANNING COMMISSION MINUTES. APPROVED. Planning Commission Action Minutes 2 April 13, 2022 ROLL CALL: AYES: COMMISSIONER: Wilhelm, Braden, Gaffney, and Fancher NOES: COMMISSIONER: None ABSENT: COMMISSIONER: None ABSTAINED: COMMISSIONER: None UNFINISHED BUSINESS: None. NEW BUSINESS: E1. Reorganization of the Planning Commission: Selection of Chairman, Vice Chairman, and Appointments of two (2) Commissioners to serve on the Design Review Committee (Project Manager: Joel Rojas, Development Services Director). Planning Commission made the following selections and appointments for the upcoming 2022-2023 period. Vice-Chair Wilhelm opened the nominations for Chair. Commission Action: COMMISSIONER Gaffney nominated COMMISSIONER Wilhelm as Chair, seconded by COMMISSIONER Braden. The motion to select COMMISSIONER Wilhelm as Chair passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Braden, Fancher, Gaffney, and Wilhelm. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None Chair Wilhelm opened the nominations for Vice Chair. Commission Action: COMMISSIONER Wilhelm nominated COMMISSIONER Gaffney as Vice Chair, seconded by COMMISSIONER Braden. The motion to select COMMISSIONER Gaffney as Vice Chair passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Braden, Fancher, Gaffney, and Wilhelm. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None Chair Wilhelm opened the nominations for the Design Review Committee regular member. Planning Commission Action Minutes 3 April 13, 2022 Commission Action: COMMISSIONER Gaffney nominated COMMISSIONER Braden as regular member to the Design Review Committee, seconded by COMMISSIONER Fancher. The motion to select COMMISSIONER Braden as the regular member to the Design Review Committee passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Braden, Fancher, Gaffney, and Wilhelm. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None Chair Wilhelm opened the nominations for the Design Review Committee alternate member. Commission Action: COMMISSIONER Braden nominated COMMISSIONER Fancher as the Design Review Committee alternate member, seconded by COMISSIONER Gaffney. The motion to select COMMISSIONER Fancher as the alternate member to the Design Review Committee passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Braden, Fancher, Gaffney, and Wilhelm. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None PUBLIC HEARINGS: F1. Continued Consideration of Zone Variance (ZV) 21-002 & Grading Plan Modification (GPM) 21-012: Mahmoudi Residence: A request for review of development plans related to a new single-family residential home with attached garage. The proposed grading activities involve 105 cubic yards of cut and 249 cubic yards of fill for a total import volume of 144 cubic yards, and a maximum visible retaining wall height of 6’ tall. In addition, the request includes a zone variance for a 20’-0” encroachment into the required 30’-0” front yard setback at 27051 Paseo Activo (APN 675-192-03) (Applicant: Mohammad R. Mahmoudi)(Project Manager: Jeffrey Graham, Contract Planner). Jeffrey Graham, provided the staff presentation and responded to questions. Mohammad R. Mahmoudi, Applicant/Property Owner, provided presentation and responded to questions. Chair Wilhelm opened the public hearing, and Mitch Irion, Arlene Irion, William Byrd and Mike Tomalsoff spoke on the item. Planning Commission Action Minutes 4 April 13, 2022 Commission Action: COMMISSIONER Braden made a motion, seconded by COMMISSIONER Gaffney, to direct staff to prepare resolution of denial of the proposed applications. The motion passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Gaffney, Braden, and Fancher NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None F2. Consideration of Architectural Control (AC) 21-015 and Zone Variance (ZV) 21- 005; Muller-Rolando Building; a request for review of a new 6,100 square foot storage building with a height of 24’. In addition, the request includes a zone variance for a 13’-11” encroachment into the required 20’-0” front yard setback for the proposed storage building located at 26401 Calle Rolando (APN 668-421-02) (Applicant: Everett Martinez, Martinez + Marin Architecture)(Project Manager: Jeffrey Graham, Contract Planner). Jeffrey Graham, provided the staff presentation and responded to questions. Chair Wilhelm opened the public hearing, and Everett Martinez provided public testimony on this project. Commission Action: COMMISSIONER Wilhelm made a motion, seconded by COMMISSIONER Fancher, to adopt a resolution, conditionally approving Architectural Control (AC) 21-015 and Zone Variance (ZV) 21-005 (Attachment 1). The motion passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Gaffney, Braden, and Fancher NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None F3. Consideration of Grading Plan Modification (GPM) 19-023: Avenida California Single-Family Residence: A request to modify the grade on an existing 1.4-acre vacant lot to create a pad for the future development of a single-family residential home with attached garage, pool, deck, and hardscape. The proposed grading activities involve 100 cubic yards of cut and 2,000 cubic yards of fill for a total import volume of 1,900 cubic yards, and maximum visible retaining wall heights of 6’ tall on a vacant lot identified as APN 675-081-11 and 675-081-25 (Applicant: Matt Ottoson, RRM Design Group)(Project Manager: Laura Stokes, Housing Supervisor / Associate Planner). Laura Stokes, provided the staff presentation and responded to questions. Planning Commission Action Minutes 5 April 13, 2022 Matthew Ottoson, with RRM Design Group and representative of the Applicant/Property Owner, provided a presentation, responded to questions, and requested amendments to Condition 11 and 19.a. as identified in their public comment submitted prior to the meeting. Chair Wilhelm opened the public hearing, and Chris Roberts, Peter Freska, Timothy Okelihar, Doug Main, Richard Dinh, Robert Gleeson, Peter Okanski, Dr. Ikea , Sophia Habbat, Steve S, Scott Brown, Jim Trush, Robert Curalian and Jeff Gueskin spoke on the item. Commission Action: COMMISSIONER Gaffney made a motion, seconded by COMMISSIONER Braden, to adopt a resolution approving GPM 19-023, as conditioned, with revisions to Conditions 11 and 19.a. as identified by the applicant in their correspondence, and determining the project exempt from CEQA. The motion passed by a 3-1 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Gaffney, and Braden NOES: COMMISSIONER: Fancher RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None F4. Consideration of Code Amendment (CA) 21-008, an ordinance adding Chapter 4, Article 7 (Urban Lot Splits Allowed by SB 9) and Section 9-358 (Residential Two-Unit Projects Allowed by SB 9) to the City’s Land Use Code (Title 9) to make the City’s code consistent with new state regulations regarding Urban Lot Splits and Residential Two-Unit Projects allowed by Senate Bill 9; and a finding that said action is statutorily exempt from the California Environmental Quality Act (Project Manager: Joel Rojas, Development Services Director). Joel Rojas, provided the staff presentation and responded to questions. Chair Wilhelm opened the public hearing, and Rob Williams spoke on the item. Commission Action: COMMISSIONER Wilhelm made a motion, seconded by COMMISSIONER Braden, recommending that the City Council adopt an Ordinance amending Chapter 4 (Subdivisions) of Title 9 (Land Use) to add Article 7 (Urban Lot Splits Allowed by SB 9) and amending Article 5 (Supplemental District Regulations) of Title 9 (Land Use) to add section 9-3.538 (Residential Two-Unit Projects Allowed By SB 9) with an additional amendment related to lot access; and a determination that said action is categorically exempt from the California Environmental Quality Act. The motion passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Gaffney, Braden, and Fancher NOES: COMMISSIONER: None Planning Commission Action Minutes 6 April 13, 2022 RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None INFORMATION ITEM: None. COMMISSION/STAFF COMMENTS: ADJOURNMENT: There being no further business, Chair Wilhelm adjourned the meeting at 8:17 p.m. to Wednesday, May 11, 2022, at 5:00 p.m. in the City Council Chamber. Approved on May 11, 2022. ____________________________ Joel Rojas, Development Services Director Planning Commission Secretary