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