PC Minutes-2023-10-25
MINUTES October 25, 2023 SAN JUAN CAPISTRANO PLANNING COMMISSION REGULAR MEETING
ORGANIZATION: Chair Gaffney called the Regular Meeting of October 25, 2023, of the Planning Commission of the City of San Juan Capistrano to order at 5:01 p.m. ROLL CALL: PLANNING COMMISSIONERS PRESENT: Commissioners, Matt Gaffney, Stan Braden,
Darren Fancher, Ted Rosenfeldt and Tami Wilhelm.
COMMISSIONERS ABSENT: none.
STAFF PRESENT: Joel Rojas, Development Services Director Paul Garcia, Principal Planner Justin R. Poley, Associate Planner
Alisha Winterswyk, Deputy City Attorney Agenda items are presented in the originally agendized format but were not necessarily heard in that order.
PLEDGE OF ALLEGIANCE: Chair Gaffney led the Pledge of Allegiance. ORAL COMMUNICATIONS: CONSENT CALENDAR:
Commission Action: Moved by Commissioner Rosenfeldt, seconded by Commissioner Braden, to approve consent calendar item C1 with corrections. Motion passed by a 4-0-1 vote. Commissioner Wilhelm abstained. C1. Draft October 11, 2023, Planning Commission Minutes
ROLL CALL: AYES: COMMISSIONER: Gaffney, Fancher, Braden, and Rosenfeldt. NOES: COMMISSIONER: None
ABSTAINED: COMMISSIONER: Wilhelm.
Planning Commission Action Minutes 2 October 25, 2023
UNFINISHED BUSINESS: None.
NEW BUSINESS: None. PUBLIC HEARINGS:
F1. Reconsideration of Architectural Control (AC) 22-008, Sign Permit (SP) 22-019, and a Sign Permit Exception; Carl’s Jr; A request to allow for exterior façade changes to an existing commercial building, including a new color scheme, extension to existing parapet wall, and updated signage, and a request for a sign exception to the Land Use
Code’s prohibition of signage mounted on or above roofs located at 31852 Del Obispo (APN:668-241-07) and a finding that said action is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Existing Facilities) (Applicant: National Sign and Marketing) (Project Manager: Justin Poley, Associate Planner).
Paul Garcia provided the staff presentation and responded to questions. Steve Rosenbloom, Chief Marketing Officer (National Sign and Marketing Corporation, made a presentation and responded to questions
Bret Wiles, Carl’s Jr. Franchisee, made a presentation and responded to questions. Chair Gaffney opened the public hearing, and no one provided public testimony. Chair Gaffney closed the public hearing.
Commission Action: COMMISSIONER Braden made a motion, seconded by COMMISSIONER Fancher, to approve Architectural Control (AC) 22-008, Sign Permit (SP) 22-019, and a Sign Permit Exception, related to a request to allow for exterior
façade changes to an existing commercial building, including a new color scheme, extension to existing parapet wall, and updated signage, and for a sign permit exception to the land use code prohibition of signage mounted on or above roofs located at Carl’s Jr. at 31852 Del Obispo (APN: 668-241-07) and finding that said action is exempt from CEQA pursuant to State CEQA Guidelines Section 15301
(Existing Facilities). The motion passed by a 4-1 vote. ROLL CALL: AYES: COMMISSIONER: Fancher, Braden, Rosenfeldt, and Wilhelm.
NOES: COMMISSIONER: Gaffney
RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None
Planning Commission Action Minutes 3 October 25, 2023
F2 Appeal of the Zoning Administrator’s Denial of Zone Variance (ZV) 22-010; Gotama Residence. A request to deviate from Section 9-3.301 (c)(1) of Title 9 of the Municipal Code, which requires a 20’ rear yard setback for properties within the RS-7,000 Zoning District. The Applicant is proposing to establish a 5’-3” rear yard setback for a 518 sq. ft. single-story addition to an existing single-family residence located at 31192 Paseo
Acacia (APN: 649-041-03) (Appellants: Caecilia Gotama and Robert Bruch) (Project Manager: Justin Poley, Associate Planner). Commissioner Wilhelm recused and removed herself from the dais.
Justin Poley provided the staff presentation and responded to questions. Robert Bruch and Caecilia Gotama, appellants, made a presentation and responded to questions.
Chair Gaffney opened the public meeting, a provided public testimony. Chair Gaffney closed the public hearing. Commission Action: COMMISSIONER Rosenfeldt made a motion, seconded by COMMISSIONER Braden to continue the public hearing to the November 8, 2023,
Planning Commission meeting so that an alternative approval resolution could be
considered by the Commission for adoption. The motion passed by a 4-0 vote. ROLL CALL:
AYES: COMMISSIONER: Gaffney, Fancher, Braden, and Rosenfeldt.
NOES: COMMISSIONER: None RECUSED: COMMISSIONER: Wilhelm ABSTAINED: COMMISSIONER: None
F3 Consideration of Architectural Control (AC23-007) and Conditional Use Permit (CUP
23-002), Capistrano Boxing Gym; A request to establish an 11,173 square foot boxing gym and to modify the existing parking lot to provide additional off-street parking spaces in the support of the use proposed at 33081 Camino Capistrano (APN: 668-291-14); and a Finding That Said Action is Categorically Exempt from the California
Environmental Quality Act (CEQA) Per CEQA Guidelines Section 15301, Class 1,
Existing Facilities. (Applicant: Peter Carey, Capistrano Boxing Gym) (Project Manager: Justin R. Poley, Associate Planner). Justin Poley provided the staff presentation and responded to questions.
Peter Carey, applicant, made a presentation and responded to questions. Chair Gaffney opened the public meeting, Eric Strauss and Doug Starcks provided public testimony. Chair Gaffney closed the public hearing.
Commission Action: COMMISSIONER Wilhelm made a motion, seconded by COMMISSIONER Fancher to continue the public hearing to the December 13, 2023,
Planning Commission Action Minutes 4 October 25, 2023
Planning Commission meeting to allow staff and the applicant to address parking concerns related to the proposed project. The motion passed by a 5-0 vote. ROLL CALL:
AYES: COMMISSIONER: Gaffney, Fancher, Braden, Rosenfeldt and Wilhelm. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: None ABSTAINED: COMMISSIONER: None
INFORMATION ITEM: None. COMMISSION/STAFF COMMENTS: None
ADJOURNMENT: There being no further business, Chair Gaffney adjourned the meeting at 7:43 p.m. to
Wednesday, November 8, 2023, at 5:00 p.m. in the City Council Chamber at the Nydegger Building - 31421 La Matanza Street, San Juan Capistrano. Approved on November 8, 2023.
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Joel Rojas, Development Services Director Planning Commission Secretary