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PC Minutes-2017-05-09MINUTES May 9, 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 Marc Franz Tim Neely Barrett Steele Rob Williams, Vice -Chair Commissioners Absent: None Staff Present: Sergio Klotz, Assistant Development Services Director Elizabeth Hull, Deputy City Attorney Laura Stokes, Housing Coordinator/Assistant Planner Paul Garcia, Associate Planner 3. PLEDGE OF ALLEGIANCE: Chair Speros led the Pledge of Allegiance. B. ORAL COMMUNICATIONS: None. C. CONSENT CALENDAR: None. D. UNFINISHED BUSINESS: None. E. NEW BUSINESS: Consideration of Tree Removal Permit (TRP) 17-020, St. Margaret's School Ortega Parking Lot, a request to remove forty-four (44) existing trees of varying species and replace with fifty (50) trees of varying species at 31641 La Novia Avenue (APNs 666-272-10,-11,-14)(Applicant: St. Margaret's School)(Project Manager: Paul Garcia, Associate Planner). PC Action Minutes 2 May 9, 2017 Paul Garcia made the staff presentation and responded to questions. The applicant, Dick Jonovich with St. Margaret's School, provided a presentation and responded to Commissioner questions and comments. Bob Montgomery, with Ortega Village Retail LLC, and Jim Ridge, Landscape Architect for the project, also addressed the Commission and responded to questions. Adoption of Resolution: PC RESOLUTION NO. 17-05-09-XX,TREE REMOVAL PERMIT (TRP) 17- 020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO CALIFORNIA CONFIRMING ISSUANCE OF A CATEGORICAL EXEMPTION AND APPROVING A REQUEST FOR A TREE REMOVAL PERMIT FOR THE REMOVAL OF 42 TREES TO BE REPLACED BY 50 TREES AT 31654 LANOVIA AVENUE (ASSESSOR PARCEL NUMBERS 666-272-10 666-272-11, 666-272-14) (APPLICANT: DICK JONOVICH WITH ST. MARGARET'S EPISCOPAL SCHOOL). Chair Speros made a motion, seconded by Commissioner Steele to Adopt a resolution approving Tree Removal Permit 17-020 for the removal of forty- four(44) trees of varying species to be replaced with fifty (50) trees of varying species, based on the findings required by Section 9-2.349 of the Land Use Code. The motion included two additional conditions of approval: that the applicant provide photo simulations with the replacement landscape plan for review by the Design Review Committee and, subsequently, the Planning Commission; and, that any failing trees be immediately replaced with the same species and size originally planted. The motion passed by a 4-1 vote. AYES: Chair Speros, Commissioners Franz, Neely and Steele NOES: Commissioner Williams. ABSTAIN: None F. PUBLIC HEARINGS: Consideration of Conditional Use Permit (CUP) 16-008, a request to allowthe sale of beer and wine for off-site consumption in conjunction with the operation of an existing Camino Capistrano Shell service station located at 32001 Camino Capistrano (Behrad Dashti, SJCC Corporation President)(Project Manager: Laura Stokes, Housing Coordinator/Assistant Planner). Laura Stokes made the staff presentation and responded to questions. Applicant Alex Irshaid, provided a presentation and responded to Commissioner questions and comments. PC Action Minutes 3 Mav 9, 2017 Chair Speros opened the Public Hearing and no members of the public provided comments. Chair Speros then, closed the Public Hearing. Commissioner Steele made a motion, seconded by Commissioner Williams, to adopt a resolution denying Conditional Use Permit (CUP) 16-008. The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Franz, Neely, Steele, and Williams. NOES: None. ABSTAIN: None. Chair Speros made a motion, seconded by Commissioner Williams, to adopt a resolution, recommending against the City issuing a Letter of Public Convenience or Necessity (PCN) for the project. The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Franz, Neely, Steele, and Williams. NOES: None. ABSTAIN: None. 2. Consideration of Code Amendment (CA) 17-004, an Ordinance to Amend Section 9-3.101(a), 9-3.301(a), and 9-3.301(b) of Title 9 (Land Use Code) of the San Juan Capistrano Municipal Code, Establishing a Senior Mobilehome Park Overlay District (Project Manager: Laura Stokes, Housing Coordinator/Assistant Planner). Laura Stokes made the staff presentation and responded to questions Chair Speros opened the Public Hearing, and Howard Newman, Jerry Williams, Carol Brinkman, Tom Parrin, Connie Mckenna, Deirdre Heard, Greg Nelis, Nancy Taylor and Winifred Wilcox provided public comments. Chair Speros then, closed the Public Hearing. Adoption of Resolutions RESOLUTION 17-05-09-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO ADOPT LAND USE CODE AMENDMENT (CA) 17-004, AMENDING SECTIONS 9-3.101 (a) 9 -3.301(a) AND 9-3.301(b) OF TITLE 9 (LAND USE CODE) OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE, ESTABLISHING A SENIOR MOBILEHOME PARK OVERLAY DISTRICT. PC Action Minutes 4 May 9, 2017 Chair Speros made the motion, seconded by Commissioner Williams, to adopt Resolution 17-05-09-02 recommending that the City Council adopt an Ordinance to amend San Juan Capistrano Municipal Code Section 9-3.101 (a), 9-3.301(a), and 9-3.301(b) of Title 9 to establish a Senior Mobilehome Park Overlay District; and, The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Franz, Neely, Steele, and Williams. NOES: None. ABSTAIN: None. Chair Speros made the motion, seconded by Commissioner Williams to select Chair Speros as the affirmative representative and Commissioner Franz as the Alternate affirmative representative to attend the City Council meeting to represent the view of the Commission and to answer any question the City Council may have. The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Franz, Neely, Steele, and Williams. NOES: None. ABSTAIN: None. G. INFORMATION ITEM: None. H. COMMISSION/STAFF DISCUSSION: 1. Planning Commissioner Representatives reminder for upcoming City Council agenda items. 2. Planning Commission Update Report — Planning Commission Items to City Council. Report received and filed. I. ADJOURNMENT: At 8:40 p.m., there being no further business, the Chair adjourned to Tuesday, May 23, 2017, at 6:30 p.m. in the Council Chambers. Approved on June 13, 2017. Sergio Klotz, Assistant Development Services Uirector Planning Commission Secretary