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PC Minutes-2017-01-10MINUTES January 10, 2017 PLANNING COMMISSION A. ORGANIZATION: 1. CALL TO ORDER: The Chair called the meeting to order at 6:30 p.m. 2. ROLL CALL: Commissioners Present: Mark Speros, Chair Lennie DeCaro — arrived at 6:33 p.m. Tim Neely Ted Shown Commissioners Absent: Rob Williams Staff Present: Joel Rojas, Development Services Director, Sergio Klotz, Assistant Development Services Director Mathew Evans, Contract Planner Elizabeth Hull, Deputy City Attorney 3. PLEDGE OF ALLEGIANCE: Chair Speros led the Pledge of Allegiance. B. ORAL COMMUNICATIONS: None. C. CONSENT CALENDAR: Items listed on the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. Approval of Corrected Minutes - November 9, 2016 Special Planning Commission Minutes. Approved as presented by a 4-0 vote. 2. Draft December 13, 2016 Planning Commission Minutes. Approved as presented by a 3-0-1 vote with Commissioner DeCaro abstaining. Resolution to Deny Conditional Use Permit (CUP)15-004, Public 74; to allow outdoor dining in two patios that encompass 690 square feet and 1,194 square feet located at 27211 Ortega Highway, Suite B, (Assessor Parcel PC Action Minutes 2 January 10, 2017 Number 650-211-33)(Applicant: Chad Dickey)(Project Manager: David Contreras, Senior Planner), Adoption of Resolution PC RESOLUTION NO 17-01-10-1 CONDITIONAL USE PERMIT (CUP) 15- 004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA DENYING OF CONDITIONAL USE PERMIT (CUP) 15-004 FOR THE PUBLIC 74 PROJECT LOCATED AT 27211 ORTEGA HIGHWAY SUITE B (ASSESSOR PARCEL NUMBER 650- 211-33) (PUBLIC 74) Commissioner Speros made the motion, seconded by Commissioner Neely, to adopt the resolution denying Conditional Use Permit (CUP) 15-004, with the proposed findings. The motion passed by a by a 4-0 vote. AYES: Chair Speros and Commissioners DeCaro, Neely and Shown. NOES: None. ABSTAIN: None. D. UNFINISHED BUSINESS: None. E. NEW BUSINESS: None, F. PUBLIC HEARINGS: Consideration of Conditional Use Permit (CUP) 16-002: to allow a conference facility known as Franciscan Gardens located within the existing Provincial Building commercial and office structure at 31815 Camino Capistrano (Assessor Parcel Number 121-150-11)(Applicant: Phillip Bennett on behalf of 24 Carrots Catering and Events)(Project Manager: Mathew Evans, Contract Planner). Mathew Evans made the staff presentation and responded to questions. Norm Bennett, Owner of 24 Carrots Catering and Events made a presentation and responded to questions. Lynn Wagner, Venue Director of 24 Carrots Catering and Events made a presentation and responded to questions. PC Action Minutes 3 January 10, 2017 Chair Speros opened the Public Hearing and no members of the public provided comments Chair Speros then closed the Public Hearing, Adoption of Resolution PC RESOLUTION NO 17-01-10-02 CONDITIONAL USE PERMIT (CUP) 16-002A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 16-002 FOR FRANCISCAN GARDENS A PROPOSED CONFERENCE FACILITY LOCATED AT 31815 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 121-150-11) (APPLICANT: PHILLIP BENNETT ON BEHALF OF 24 CARROTS CATERINGAND EVENTS). Commissioner Speros made a motion, seconded by Commissioner DeCaro to adopt a resolution approving Conditional Use Permit (CUP) 16-002 allowing the Franciscan Gardens Conference Facility to occupy the first floor of the existing Provincial Building within the Town Center (TC) zoning district with the added condition that the applicant to provide a direct line of contact with a staff member of the Franciscan Gardens Conference Facility who is on site, to the residents within the Los Rios District. The motion failed by a 2-2 vote. AYES: Chair Speros and Commissioner DeCaro NOES: Commissioners Neely and Shown. ABSTAIN: None Commissioner Speros proposed the motion, seconded by Commissioner DeCaro to adopt a resolution approving Conditional Use Permit (CUP) 16- 002 allowing the Franciscan Gardens Conference Facility to occupy the first floor of the existing Provincial Building within the Town Center (TC) zoning district, with additional conditions that the applicant to provide a direct line of contact to a staff member of the Franciscan Gardens Conference Facility who is on site, to the residents within the Los Rios District and perform a sound test within 30 days to assess the noise levels within the Los Rios District generated from the Franciscan Gardens court yard site, with assistance by the Code Enforcement Department, to make sure that the decibel levels generated by music does not exceed noise levels established within the City's Municipal Code and report the test results to the Commission. The motion passed by a 3-1 vote. AYES: Chair Speros and Commissioners DeCaro and Shown NOES: Commissioner Neely. ABSTAIN: None. PC Action Minutes 4 January 10, 2017 G. INFORMATION ITEM: H. COMMISSION/STAFF DISCUSSION: 1. Planning Commissioner Representatives reminder for upcoming City Council agenda items. The Commission was reminded that its recommendation on the proposed transitory lodging ordinance would be presented to the City Council on January 17. 2. Planning Commission Update Report — Planning Commission Items to City Council. I. ADJOURNMENT: At 8:17 p.m., there being no further business, the Chair adjourned to Tuesday, January 24, 2017, at 6:30 p.m. in the Council Chambers. Approved on February 14, 2017. Sergio Klotz, Assistant Development Services Director Planning Commission Secretary