PC Minutes-2016-12-13A. ORGANIZATION:
1. CALL TO ORDER:
MINUTES
December 13, 2016
PLANNING COMMISSION
The Chair called the meeting to order at 6:30p.m .
2. ROLL CALL:
Commissioners Present: Mark Speros, Chair
Rob Williams
Tim Neely
Ted Shown
Commissioners Absent: Lennie DeCaro
Staff Present: Joel Rojas, Development Services Director,
Sergio Klotz, Assistant Development Services Director
David Contreras, Senior 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.
1. Draft November 9, 2016 Planning Commission Minutes. Approved by 4-0
vote.
D. UNFINISHED BUSINESS:
None.
PC Actio n Min utes 2 December 13 20 16
E. NEW BUSINESS:
None.
F. PUBLIC HEARINGS:
1. Continued consideration of Conditional Use Permit (CUP) 15-004, Public 7 4;
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 Number: 650-211-33)(Applicant: Chad Dickey)(Project Manager:
David Contreras , Senior Planner).
David Contreras made the staff presentation and responded to questions.
Phillip Schwartze, Applicant's representative made a presentation and
responded to questions.
Chad Dickey, Applicant made a presentation and responded to questions .
Chair Speros opened the Public Hearing, and Mary-Gage Gillette, Tim
Gillette, Mark Mitchell and Chuck Housenworks provided public comments.
Chair Speros then, closed the Public Hearing.
Adoption of Motion
Commissioner Speros made a motion, seconded by Commissioner Neely to
deny Conditional Use Permit (CUP) 15-004, due to incompatibility with
surrounding residential uses) and directed staff to draft a denial resolution for
adoption at the January 10, 2017, Planning Commission meeting. The
motion passed by a 4-0 vote.
AYES: Chair Speros and Commissioners Neely, Shown and Williams.
NOES: None
ABSTAIN: None
2 . Consideration of Grading Plan Modification (GPM) 15-013, Sustaita
Residence; a request for approval of a grading plan to correct grading that
was performed prior to the issuance of a building permit or the approval of a
Grading Plan Modification, located on a 1.4 acre parcel at 33561 Valle Road
(Assessor Parcel Number 675-331-04)(Applicant: Tony Sustaita)(Project
Manager: David Contreras, Senior Planner).
David Contreras made the staff presentation and responded to questions .
Tony Sustaita (applicant) and Kurt Saxon( applicant's representative) made a
presentation and responded to questions.
PC Act ion Min utes 3 De ce mber 13, 2 0 16
Chair Speros opened the Public Hearing, and Paul Ligocki provided public
comments . Chair Speros then, closed the Public Hearing.
Adopt ion of Motion
Commissioner Williams made a motion, seconded by Commissioner Neely,
to refer Grading Plan Modification (GPM) 15-013, to the Design Review
Committee for the review of slopes, walls and landscaping. The motion
passed by a 4-0 vote.
AYES: Chair Speros and Commissioners Neely, Shown and Williams .
NOES: None
ABSTAIN: None
3 . Consideration of Code Amendment (CA) 16-004, an Ordinance to amend
Title 1, General Provisions, Title 5, Public Welfare, and Title 9, Land Use,
amending enforcement penalties and regulations of loud noise, other
nuisances, and lodging uses citywide. (Project Manager: Sergio Klotz ,
Assistant Development Services Director).
Sergio Klotz made the staff presentation and responded to questions.
Chair Speros opened the Public Hearing, and Suzanne Cameron, Laurie
Girand, David Ewing, Sharon Sumich, Soren Lind, Sharon McKeague,
Warren Hanselman, Judith Anderson, Gladston Anderson, Monica Mukai,
and Stephen Petilli provided public comments. Chair Speros then, closed the
Public Hearing.
Adoption of Resolution
PC RESOLUTION NO . 16 -1 2 -13-0 1 I COD E AMENDMENT (CA) 16 -004 , A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO . CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 1. GENERAL
PROVISIONS. TI T LE 5 , PUBLIC WELFARE . TITLE 6. SANITATION AND
HEALTH . AND TITLE 9, LAND USE . CHANGING ENFORCEMENT PENAL
TIES AND CLARIFYLNG REGULATIONS OF LOUD NOISE, OTHER
NUISANCES . AND LODGING USES CITYWIDE .
Commissioner Neely made a motion, seconded by Commissioner Speros , to
Adopt a resolution recommending that the City Council adopt an Ordinance
to amend various Sections of the San Juan Capistrano Municipal Code to
clarify the existing prohibitions on Short Term Rentals and Other Transitory
Lodging Uses in residential zones and finding that said Ordinance is exempt
per California Environmental Quality Act (CEQA). In addition, the motion
recommended that the City Council consider a narrow exception that would
PC Action Minutes 4 December 13 2016
allow certain low impact room rentals provided the exception does not dilute
the overall enforceability of the ordinance. The motion passed by a 3-1 vote.
AYES: Chair Speros and Commissioners Neely and Shown.
NOES: Commissioner Williams
ABSTAIN: None
Adop ti on of Motion
Commissioner Neely made a motion, seconded by Commissioner Speros, to
appoint Commissioner Williams as the representative in the differing view,
Commissioner Speros as an affirmative representative and Commissioner
Neely as an Alternate 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 4-0 vote .
AYES: Chair Speros and Commissioners Neely, Shown and Williams .
NOES: None
ABSTAIN: None
G. INFORMATION ITEM:
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.
Commissioner Williams informed the Commission that he would be
absent from the January 10, 2017 meeting.
I. ADJOURNMENT:
At 9:45 p.m., there being no further business, the Chair adjourned to Tuesday,
January 10, 2017, at 6:30p.m . in the Council Chambers.
PC Action Minutes 5
Approved on January 10, 2017 .
Serg~stant Development Services Director
Planning Commission Secretary
December 13 2016