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PC Minutes-2022-11-09 MINUTES November 9, 2022 SAN JUAN CAPISTRANO PLANNING COMMISSION REGULAR MEETING TELEPHONIC/VIDEO CONFERENCE MEETING ORGANIZATION: Chair Wilhelm called the Regular and Telephonic Conference Meeting of November 9, 2022, of the Planning Commission of the City of San Juan Capistrano to order at 5:02 p.m. ROLL CALL: PLANNING COMMISSIONERS PRESENT: Commissioners Tami Wilhelm, Matt Gaffney. Anna Dickinson, Stan Braden, and Darren Fancher. COMMISSIONER ABSENT: None. STAFF PRESENT: Joel Rojas, Development Services Director Charlie View, Project Manager Joe Parco, City Engineer Jeremey Hohnbaum, Senior Civil Engineer George Alvarez, Traffic Engineer STAFF ATTENDING BY TELEPHONE: Alisha Winterswyk, 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: CONSENT CALENDAR: Commission Action: Moved by Commissioner Braden, seconded by Commissioner Gaffney, to approve consent calendar items C1 and C2. Motion passed by a 5-0- vote. C1. 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 October 26, 2022, Planning Commission Minutes Planning Commission Action Minutes 2 November 9, 2022 ROLL CALL: AYES: COMMISSIONER: Wilhelm, Braden, Dickinson, Fancher, and Gaffney. NOES: COMMISSIONER: None ABSENT: COMMISSIONER: None ABSTAINED: COMMISSIONER: None UNFINISHED BUSINESS: None. NEW BUSINESS: 1. General Plan Conformity Determination for the sale of 1.2 acres of City-owned Property Located at 26874 Ortega Highway and 31776 El Camino Real (124-160-55, 56 & 57) to 26874 Ortega Highway LLC for the development of the El Camino Specific Plan 22-01 consisting of a new commercial project consisting of two, 2-story buildings with approximately 27,457 square feet of retail, restaurant and office uses, and a 4- story parking structure with a 2,607 square foot retail space located at 31776 El Camino Real and finding the same exempt from CEQA pursuant to State CEQA Guidelines, Section 15332 (APNs: 124-160-27, 124-160-55, 124-160-57, 124-160-63); and for the sale of a 0-.13 acres of City-owned property located at 31681 Camino Capistrano (Portion of APNs: 124-181-02, 124-181-03, 124-181-10,124-181-11) to SJC Mission Ventures LLC and finding the same exempt from CEQA pursuant to State CEQA Guidelines, Sections 15312 and 15301 (Project Manager: David Contreras, Principal Planner & Matisse Reischl, Assistant to the City Manager). Charlie View provided the staff presentation and responded to questions. Chair Wilhelm opened the public meeting and no one provided public testimony. Commission Action: COMMISSIONER Braden made a motion, seconded by COMMISSIONER Dickinson to: 1) Adopt a resolution finding that the sale of 1.2-acres of City-owned Property Located at 26874 Ortega Highway and 31776 El Camino Real (124-160-55, 56 & 57) to 26874 Ortega Highway LLC for the development of the El Camino Specific Plan 22-01 consisting of a new commercial project consisting of two, 2-story buildings with approximately 27,457 square feet of retail, restaurant and office uses, and a 4-story parking structure with a 2,607 square foot retail space located at 31776 El Camino Real is consistent with the City’s General Plan and is exempt from CEQA pursuant to State CEQA Guidelines, Section 15332 (APNs: 124-160-27, 124-160-55, 124-160-57, 124-160-63); and, 2) Adopt a resolution finding that the sale of 0.13-acres of City-owned property located at 31681 Camino Capistrano to SJC Mission Ventures LLC, (Portion of APNs: 124-181-02 & 124-181-03 is consistent with the City’s General Plan and is exempt from CEQA pursuant to State CEQA Guidelines, Sections 15312 and 15301.The motion passed by a 5-0 vote. ROLL CALL: Planning Commission Action Minutes 3 November 9, 2022 AYES: COMMISSIONER: Wilhelm, Braden, Dickinson, Fancher and Gaffney. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None 2. Determine if the acceptance of a Quitclaim Deed from the County of Orange for a parcel located at Avenida La Pata and Stallion Ridge is consistent with the City’s General Plan and said action is exempt from CEQA pursuant to State CEQA Guidelines section 15060(b)(3) (Project Manager: Joe Parco). Jeremy Hohnbaum, provided the staff presentation and responded to questions. Chair Wilhelm opened the public meeting and no one provided public testimony. Commission Action: COMMISSIONER Dickinson made a motion, seconded by COMMISSIONER Fancher, to adopt a resolution that finds the proposal to accept a Quitclaim Deed from the County of Orange for a portion of Avenida La Pata, at the intersection of Avenida La Pata and Stallion Ridge, for sidewalk purposes is consistent with the City’s General Plan and finding said action exempt for CEQA pursuant to State CEQA Guidelines section 15060(b)(3). The motion passed by a 5- 0 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Braden, Dickinson, Fancher and Gaffney. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None 3. Determine if 1) the acceptance of an easement from Arroyo Cap II-1 LLC for public recreational use, 2) the dedication of an easement within public property from the City of San Juan Capistrano to Santa Margarita Water District for public water line purposes, and 3) the quitclaim deed of a portion of public property from the City of San Juan Capistrano to Santa Margarita Water District for groundwater well purposes within and adjacent to the Petra Avelina Development, Tract 18148, located at 2700 Calle Arroyo is consistent with the City’s General Plan and the certified Environmental Impact Report (EIR) for the Tirador Project; thus, no further CEQA review is required pursuant to Public Resources Code section 21166 (Project Manager: Joe Parco). Jeremy Hohnbaum, provided the staff presentation and responded to questions Chair Wilhelm opened the public meeting and no one provided public testimony. Commission Action: COMMISSIONER Braden made a motion, seconded by COMMISSIONER Dickinson, to adopt resolutions that find 1) the proposal to accept an easement from Arroyo Cap II-1 LLC for a portion of private property; 2) the dedication of an easement within public property from the City of San Juan Capistrano to Santa Margarita Water District for public water line purposes; and 3) the quitclaim Planning Commission Action Minutes 4 November 9, 2022 deed of a portion of public property from the City of San Juan Capistrano to Santa Margarita Water District for groundwater well purposes within and adjacent to Tract 18148, also known as the Petra Avelina Development, for public recreational and open space purposes is consistent with the City’s General Plan and the certified Environmental Impact Report (EIR) for the Tirador Project; thus, no further CEQA review is required pursuant to Public Resources Code section 21166. The motion passed by a 5-0 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Braden, Dickinson, Fancher and Gaffney. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None 4. General Plan Conformity Determination for the City of San Juan Capistrano to Convey an Easement of 2,676 Square Feet for Replacement of the Railroad Bridge over San Juan Creek to the Orange County Transportation Authority (APN: 668-101-23) and Finding Said Action Exempt from CEQA Pursuant to State CEQA Guidelines, Section 15060(b)(3) (Project Manager: George Alvarez). George Alvarez, provided the staff presentation and responded to questions. Chair Wilhelm opened the public meeting and no one provided public testimony. Commission Action: COMMISSIONER Wilhelm made a motion, seconded by COMMISSIONER Fancher, to adopt a resolution finding that the dedication of a permanent easement within public property generally located southeast of the terminus of Paseo Adelanto (APN: 668-101-23) from the City of San Juan Capistrano to the Orange County Transportation Authority is consistent with the City’s General Plan and finding said action exempt from CEQA pursuant to State CEQA Guidelines, Section 15060(b)(3). The motion passed by a 5-0 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Braden, Dickinson, Fancher and Gaffney. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None 5. General Plan Conformity Determination for the City of San Juan Capistrano to Convey Easements of 20,646 Square Feet for Sewer, Water, and Access Purposes to Santa Margarita Water District (APN: 668-101-23) and Finding the Same Exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) (Project Manager: George Alvarez). George Alvarez, provided the staff presentation and responded to questions. Planning Commission Action Minutes 5 November 9, 2022 Chair Wilhelm opened the public meeting and no one provided public testimony. Commission Action: COMMISSIONER Fancher made a motion, seconded by COMMISSIONER Gaffney, to adopt a resolution finding that the dedication of permanent easements within public property generally located east of the terminus of Paseo Adelanto (APN: 668-101-23) from the City of San Juan Capistrano to Santa Margarita Water District is consistent with the City’s General Plan and finding said action exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3). The motion passed by a 5-0 vote. ROLL CALL: AYES: COMMISSIONER: Wilhelm, Braden, Dickinson, Fancher and Gaffney. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None PUBLIC HEARINGS: None INFORMATION ITEM: None. COMMISSION/STAFF COMMENTS: None. ADJOURNMENT: There being no further business, Chair Wilhelm adjourned the meeting at 6:20 p.m. to Wednesday, December 14, 2022, at 5:00 p.m. in the City Council Chamber at the Nydegger Building - 31421 La Matanza Street, San Juan Capistrano. Approved on February 8, 2023. ____________________________ Joel Rojas, Development Services Director Planning Commission Secretary