PC Minutes-2016-09-13MINUTES
September 13, 2016
PLANNING COMMISSION
REGULAR MEETING
A. ORGANIZATION:
1. CALL TO ORDER:
The Chair called the meeting to order at 6:30 p.m.
2. ROLL CALL:
Commissioners Present:
Commissioners Absent:
Mark Speros, Chair
Tim Neely
Rob Williams
Lennie DeCaro
Ted Shown
Staff Present: Joel Rojas, Development Services Director,
Sergio Klotz, Assistant Development Services Director
Elizabeth Hull, Deputy City Attorney
Mathew Evans, Contract Planner
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.
1. Draft August 23, 2016 Planning Commission Minutes. Approved by 3-0
vote.
D. UNFINISHED BUSINESS:
None.
PC Action Minutes 2 September 13, 2016
E. NEW BUSINESS:
None.
F. PUBLIC HEARINGS:
1. Consideration of Architectural Control 14-022, Conditional Use Permit 14-007
and Variance 16-001; review of development plans and reduction in parking
for a proposed freestanding 24 Hour Fitness facility located at the terminus
of Calle Arroyo adjacentto Interstate 5 (Assessor Parcel Number 666-131-09
and 666-131-15)(Applicant: Mr. Ernie Rivas, JH Real Estate Partners,
Inc.)(Project Manager: Sergio Klotz, Assistant Development Services
Director).
Sergio Klotz made staff presentation and responded to questions.
Ernie Rivas, Applicant — provided a presentation and responded to
questions.
Chairman Speros opened the Public Hearing, no member of the public
provided comments.
Adoption of Resolution
Commissioner Williams made a single motion, seconded by Commissioner
Speros, to adopt the resolutions approving an Addendum to the Final
Environmental Impact Report for the Ventanas Business Center (SCH No.
2007061138) pursuant to CEQA and the State CEQA Guidelines;
Architectural Control (AC)14-022, development plans for a two story, 38,000
square foot health club facility; Conditional Use Permit (CUP) 14-007
allowing a health club facility within the Planned Community, Comprehensive
Development Plan 78-1; and Zone Variance (ZV) 16-001 allowing a 22%
reduction in required parking for the proposed health club facility. The motion
passed by a 2-0 vote.
PC RESOLUTION NO. 16-09-13-01, ARCHITECTURAL CONTROL CAC)
14-022, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING
ARCHITECTURAL CONTROL (AC)14-022 FOR THE 24 HOUR FITNESS
FACILITY PROJECT LOCATED ON A 2.65 -ACRE PARCEL AT THE
TERMINUS OF CALLE ARROYO (ASSESSOR PARCEL NUMBERS 666-
131-09 AND 666-131-15) (24 HOUR FITNESS).
PC RESOLUTION NO. 16-09-13-02. CONDITIONAL USE PERMIT (CUP
14-007, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING A
FREESTANDING 24 HOUR FITNESS FACILITY TOTALING
APPROXIMATELY 38.000 SQUARE FEET, LOCATED AT THE TERMINUS
PC Action Minutes 3 September 13 2016
OF CALLEARROYO ADJACENTTO INTERSTATE 5 (ASSESSOR PARCEL
NUMBER 666-131-09 AND 666-131-15)(24 HOUR FITNESS FACILITY).
PC RESOLUTION N0.16-09-13-03, ZONE VARIANCE (ZV) 16-001. A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
666-131-09 AND 666-131-15 (24 HOUR FITNESS).
AYES: Chair Speros and Commissioner Williams.
NOES: None
ABSTAIN: Neely.
2. Consideration of Conditional Use Permit (CUP) 15-011, and Zone Variance
(ZV) 16-003 for Verizon Wireless "Aspero" Cellular Facility; a request for
approval to construct an unmanned telecommunications facility located at
32202 Del Obispo Street (Assessor Parcel Numbers 121-182-57)(Applicant:
Verizon Wireless)(Project Manager: Mathew Evans, Contract Planner).
Mathew Evans made the staff presentation and responded to questions.
Kevin Sullivan, Applicant — provided a presentation and responded to
questions.
Chairman Speros opened the Public Hearing, and Donna Murray provided
public comments.
Adoption of Resolution
PC Action Minutes 4 September 13, 2016
Mathew Evans made staff presentation and responded to questions.
Kevin P. Sullivan, Attorney for the Applicant gave a presentation and took
questions from the Planning Commission.
Chairman Speros opened the Public Hearing, Dona Murry provided
comments to the Planning Commission and asked if the tower could be
lowered or hidden better.
Additional questions were asked of Mr. Sullivan. The public hearing was
closed.
Commissioner Neely made a motion, seconded by Commissioner Williams,
to continue the item to the September 27, 216, Planning Commission
meeting. The motion passed by a 3-0 vote.
AYES: Chair Speros, Commissioners Neely and Williams.
NOES: None
ABSTAIN: None
3. Consideration of Architectural Control (AC) 16-011; The Pearl at Pacifica
San Juan, review of development plans for a 59 unit single-family detached
condominium project located on Lot 1 of Tract 15687 at the northwest corner
of Via La Jolla and Avenida California (Assessor's Parcel Number 675-081-
20)(Applicant: Rafik Albert, EPD Solutions, Inc.)(Project Manager: Mathew
Evans, Contract Planner).
Mathew Evans made the staff presentation and responded to questions.
Jeremy Krout Applicant — provided a presentation and responded to
questions.
Adoption of Resolution
Mathew Evans made staff presentation and responded to questions.
PC Action Minutes 5 - September 13, 2016
Jeremy Kraut, Applicant — made comments and responded to questions
Chairman Speros opened the Public Hearing, no member of the public
provided comments.
Commissioner Neely made a motion, seconded by Commissioner Williams,
to adopt a resolution approving Architectural Control (AC) 16-011,
development plans for a 59 unit single-family detached condominium within
Lot 1 of Tract 15687, The Pearl at Pacifica San Juan. The motion passed by
a 3-0 vote.
AYES:
Chair Speros, Commissioners Neely and Williams
NOES:
None
ABSTAIN:
None
4. Consideration of Code Amendment (CA)16-002; A City Initiated Ordinance
amending Section 9-3.502 of the San Juan Capistrano Municipal Code to
Regulate the Personal, Medical and Commercial Use of Marijuana in the
City. (Project Manager: Joel Rojas/City Attorney's Office)
Elizabeth Hull made the staff presentation and responded to questions.
Chairman Speros opened the Public Hearing, and Steve Behmerwohld
provided public comments.
Adoption of Resolution
Commissioner Williams made a motion, seconded by Commissioner Neely,
to adopt a resolution recommending that the City Council adopt an
Ordinance to amend San Juan Capistrano Municipal Code Section 9-3.502
to clarify the City's current prohibition of marijuana within its City Limits and
preemptively address some proposed changes to California law in the event
Adult Use of Marijuana Act (AUMA) passes on November 8, 2016 and finding
that said Ordinance is not subject to the California Environmental QualityAct
(CEQA). The motion passed by a 3-0 vote.
AYES: Chair Speros, Commissioners Neely and Williams.
NOES: None
PC Action Minutes 6 September 13, 2016
/11.1.1(M1N2tTii
Commissioner Williams made a motion, seconded by Commissioner Neely,
to appoint Commissioner Speros as an affirmative Representative to attend
the City Council meeting to represent the view of the Commission and to
answer any questions the City Council may have. The motion passed by a 3-
0 vote.
AYES: Chair Speros, Commissioners Neely and Williams
NOES: None
ABSTAIN: None
G. INFORMATION ITEM:
None.
H. COMMISSION/STAFF DISCUSSION:
Planning Commissioner Representatives reminder for upcoming City Council
agenda items. Staff alerted the Commission of Planning Commission appeal
items to be heard at the September 6 City Council meeting, as well as
initiation requests for General Plan Amendments for the designation at the
Vermuelen property and floor area ratio for a U -Haul site.
I. ADJOURNMENT:
At 6:29 p.m., there being no further business, the Chair adjourned to Tuesday,
September 27, 2016, at 6:30 p.m. in the Council Chambers.
Approved on September 13, 2016.
700010,
Sergio Klotz, Assistant Development Services Director
Planning Commission Secretary