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CHC Minutes-2021-04-27 MINUTES April 27, 2021 SAN JUAN CAPISTRANO CULTURAL HERITAGE COMMISSION REGULAR MEETING TELEPHONIC CONFERENCE MEETING ORGANIZATION: Chair Siegel called the Regular and Telephonic Conference Meeting of April 27, 2021, of the Special Cultural Heritage Commission of the City of San Juan Capistrano to order at 4:30 p.m. ROLL CALL: CULTURAL HERITAGE COMMISSIONERS PRESENT: Commissioners Jan Siegel, Ann Ronan, Anna Dickinson, and Lorie Porter. COMMISSIONER ABSENT: None. STAFF PRESENT: Joel Rojas, Development Services Director Sergio Klotz, Assistant Development Services Director STAFF ATTENDING BY TELEPHONIC CONFERENCE: Brian Byun, 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 Siegel led the Pledge of Allegiance. ORAL COMMUNICATIONS: CONSENT CALENDAR: C1. CULTURAL HERITAGE COMMISSION MINUTES – REGULAR MEETING OF March 23, 2021, APPROVED AS PRESENTED ROLL CALL: AYES: COMMISSIONER: Dickinson, Porter, and Ronan. NOES: COMMISSIONER: None ABSENT: COMMISSIONER: None ABSTAINED: COMMISSIONER: Siegel CHC Action Minutes 2 April 27, 2021 PUBLIC HEARINGS: D1. Code Amendment No. 20-002, Los Rios Specific Plan Amendment: A request to amend the Los Rios Specific Plan (SP78-01), which is generally bounded by Los Rios Street, Del Obispo Street, Paseo Adelanto and Mission Street, has a General Plan Land Use Designation of Specific Plan/Precise Plan and Zoning of Los Rios Specific Plan/SP 78-01, to allow expanded and new alcoholic beverage sales within the Historic Residential (HR) district via an accessory use permit (AUP)(Applicant: Phillip Schwartze, PRS Group)(Project Manager: Sergio Klotz). Sergio Klotz, Assistant Director, provided the staff presentation and responded to questions. Phillip Schwartz, applicant, responded to Commissioner questions. Chair Seigel opened the public hearing and John Taylor, Steven Rios, Alan Niccola, John Humphreys, Monica Mukai, Judith Anderson, and Lisa Diaz provided public testimony. Commission Action: COMMISSIONER Ronan made a motion, seconded by COMMISSIONER Dickinson, recommending that the City Council adopt an ordinance approving proposed Code Amendment (CA) 20-002 that would reinstate the Accessory Use Permit process as recommended by staff. After discussion, Commissioner Ronan amended the motion, seconded by Commissioner Dickenson, to allow up to 20% of the existing 25 residential properties that make up the Los Rios Specific Plan Historic Residential District (a maximum of 5 properties) the ability to apply for an Accessory Use Permit for new or expanded alcohol service for on-site consumption in conjunction with food service. The motion failed by a 2-2 vote. ROLL CALL: AYES: COMMISSIONER: Ronan and Dickinson. NOES: COMMISSIONER: Siegel and Porter RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None Commission Action: COMMISSIONER Ronan made a motion, seconded by COMMISSIONER Dickinson, recommending that the City Council adopt an ordinance approving proposed Code Amendment (CA) 20-002 that would reinstate the Accessory Use Permit process but that only the two food establishments which currently possess Accessory Use Permits be allowed to expand their alcohol service. The motion passed by a 3-1 vote. ROLL CALL: AYES: COMMISSIONER: Ronan, Dickinson, and Porter. NOES: COMMISSIONER: Siegel. CHC Action Minutes 3 April 27, 2021 RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None D2. Consideration of Accessory Use Permit (AUP) 21-001, a proposal to allow for the expansion of an existing accessory use to allow a Type 47 alcoholic beverage license and operate until 10:00 P.M. within the Historic Residential District of the Los Rios Specific Plan for The Tea House located at 31731 Los Rios Street (APN 121-143-15 & 16)(Applicant: Phillip Schwartze, PRS Group)(Project Manager: Sergio Klotz). D3. Consideration of Accessory Use Permit (AUP) 21-002, a proposal to allow for the expansion of an existing accessory use to allow service of alcoholic beverages until 10:00 P.M. within the Historic Residential District of the Los Rios Specific Plan for the Ramos Café located at 31752 Los Rios Street (APN 121-141-23)(Applicant: Phillip Schwartze, PRS Group)(Project Manager: Sergio Klotz). D4. Consideration of Accessory Use Permit (AUP) 21-003, a proposal to allow for the establishment of an existing accessory use to allow a Type 47 alcoholic beverage license and operate until 10:00 P.M. within the Historic Residential District of the Los Rios Specific Plan for Hidden House Coffee located at 31791 Los Rios Street (APN 121-160-17)(Applicant: Phillip Schwartze, PRS Group)(Project Manager: Sergio Klotz). D5. Consideration of Accessory Use Permit (AUP) 21-004, a proposal to allow for the establishment of an accessory use to serve alcoholic beverages and operate until 10:00 P.M. within the Historic Residential District of the Los Rios Specific Plan for the Combs House located at 26711 Verdugo Street (APN 121-141-24)(Applicant: Monica Mukai)(Project Manager: Sergio Klotz). D6. Consideration of Accessory Use Permit (AUP) 21-005, a proposal to allow for the establishment of an accessory use to serve alcoholic beverages and operate until 10:00 P.M. within the Historic Residential (HR) District of the Los Rios Specific Plan for the Lobo House located at 31712 Los Rios Street (APN 121-141-20)(Applicant: Monica Mukai)(Project Manager: Sergio Klotz). Commission Action: COMMISSIONER Dickinson made a motion, seconded by COMMISSIONER Ronan, to continue Public Hearing items D2 – D6 (AUP 21-001, AUP 21-002, AUP 21-003, AUP 21-004 and AUP 21-005) to the May 25, 2021 Cultural Heritage Commission. The motion passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Siegel, Ronan, Dickinson, and Porter. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None CHC Action Minutes 4 April 27, 2021 Chair Seigel opened the public hearing and Monica Mukai provided public testimony on Item D5. NEW BUSINESS: E1. Reorganization of the Cultural Heritage Commission: Selection of Chair and Vice Chair. (Project Manager: Sergio Klotz). Cultural Heritage Commission made the following selections for the upcoming 2021-2022 period. Chair Siegel opened the nominations for Chair. Commission Action: COMMISSIONER Porter nominated COMMISONER Siegel as Chair. The motion to select COMMISSIONER Siegel as Chair passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Siegel, Ronan, Dickinson, and Porter. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None Chair opened the nominations for Vice-Chair. Commission Action: COMMISSIONER Porter nominated COMMISONER Ronan as Vice-Chair. The motion to select COMMISSIONER Ronan as Vice-Chair passed by a 4-0 vote. ROLL CALL: AYES: COMMISSIONER: Siegel, Ronan, Dickinson, and Porter. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None UNFINISHED BUSINESS: F1. Use of Collected Historic Depiction Program (HDP) In-Lieu Fees to Promote, Enhance, and/or Support the City’s History and Heritage (Project Manager: Sergio Klotz, Assistant Development Services Director). Commission Action: COMMISSIONER Dickinson made a motion, seconded by COMMISSIONER Ronan, to continue this item to the May 25, 2021 Cultural Heritage Commission. The motion passed by a 4-0 vote. CHC Action Minutes 5 April 27, 2021 COMMISSION/STAFF COMMENTS: None. ADJOURNMENT: There being no further business Chair Siegel adjourned the meeting at 6:13 p.m. to Tuesday, May 25, 2021, at 4:30 p.m. in the City Council Chamber. Approved on May 25, 2021 ______________________________ Sergio Klotz, Assistant Director Cultural Heritage Commission Secretary