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PC Minutes-2023-11-08 MINUTES November 8, 2023 SAN JUAN CAPISTRANO PLANNING COMMISSION REGULAR MEETING ORGANIZATION: Chair Gaffney called the Regular Meeting of November 8, 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 Justin Poley, Associate Planner Jeremy Hohnbaum, City Engineer 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 Wilhelm, seconded by Commissioner Braden, to approve consent calendar item C1 with corrections. Motion passed by a 5-0 vote. C1. Draft October 26, 2023, Planning Commission Minutes ROLL CALL: AYES: COMMISSIONER: Gaffney, Fancher, Braden, Rosenfeldt, Wilhelm. NOES: COMMISSIONER: None ABSTAINED: COMMISSIONER: None UNFINISHED BUSINESS: None. Planning Commission Action Minutes 2 November 8, 2023 NEW BUSINESS: E1. General Plan Conformity Determination for the Dedication and Acceptance of Easements for Utility and Access Purposes between the City of San Juan Capistrano and Santa Margarita Water District, Moulton Niguel Water District, San Diego Gas and Electric, and Jamboree Housing Corporation (APN: 668-101-23) and Finding the same to be Exempt from CEQA pursuant to State Government Code section 65583.2(h) and (i) (Joe Parco, City Engineer). Jeremy Hohnbaum provided the staff presentation and responded to questions. Chair Gaffney opened the public meeting, and no one provided public testimony. Chair Gaffney closed the public meeting. Commission Action: COMMISSIONER Wilhelm made a motion, seconded by COMMISSIONER Rosenfeldt, to adopt resolutions finding that the dedication or acceptance of the following permanent easements within public property generally located east and south of the terminus of Paseo Adelanto (APN: 668-101-23) are consistent with the City’s General Plan: (1) From the City of San Juan Capistrano to Santa Margarita Water District; (2) From the City of San Juan Capistrano to Moulton Niguel Water District; (3) From the City of San Juan Capistrano to San Diego Gas and Electric; and, (4) from Jamboree Housing Corporation to the City of San Juan Capistrano, and finding said action statutorily exempt from the California Environmental Quality Act (“CEQA”) pursuant to State Government Code section 65583.2(h) and (i). The motion passed by a 5-0 vote. PUBLIC HEARINGS: F1. Continued Consideration of 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 6’ 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, appellant, 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. Planning Commission Action Minutes 3 November 8, 2023 Commission Action: COMMISSIONER Braden made a motion, seconded by COMMISSIONER Rosenfeldt, approving the appeal and reversing the zoning administrators’ denial of Zone Variance 22-010, 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, to establish a 6’ 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) and finding that the approval of zone variance 22-010 is exempt from review under state CEQA guidelines sections 15301 (existing facilities) and15303 (new construction or conversion of small structures). The motion passed by a 4-0-1 vote. ROLL CALL: AYES: COMMISSIONER: Gaffney, Fancher, Braden, and Rosenfeldt. NOES: COMMISSIONER: None RECUSED: COMMISSIONER: Wilhelm ABSTAINED: COMMISSIONER: None INFORMATION ITEM: None. COMMISSION/STAFF COMMENTS: None ADJOURNMENT: There being no further business, Chair Gaffney adjourned the meeting at 5:22 p.m. to Wednesday, December 13, 2023, at 5:00 p.m. in the City Council Chamber at the Nydegger Building - 31421 La Matanza Street, San Juan Capistrano. Approved on December 13, 2023. __________________________________ Joel Rojas, Development Services Director Planning Commission Secretary