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PC Minutes-2016-04-26MINUTES APRIL 26, 2016 PLANNING COMMISSION REGULAR MEETING A. ORGANIZATION: 1. CALL TO ORDER: The Vice Chair called the meeting to order at 6:30 p.m. 2. ROLL CALL: Commissioners Present: Mark Speros, Chair Thomas Nelson, Vice -chair Tim Neely Stephen Rice Ted Shown Rob Williams Commissioners Absent: Lennie DeCaro (Excused absence) Staff Present: Joel Rojas, Development Services Director Sergio Klotz, Assistant Development Services Director David Contreras, Senior Planner HongDao Nguyen, Deputy City Attorney Lindsay Ortega, Contract Planner Mathew Evans, Contract Planner 3. PLEDGE OF ALLEGIANCE: The Commissioner Speros led the Pledge of Allegiance. Agenda items are presented in the originally agendized formatforthe benefitof the minutes' reader, but were not necessarily heard in that order. B. ORAL COMMUNICATIONS: Mr. Steve Behmerwohld, City resident 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 maybe removed from the Consent Calendar and will be considered separately. PC Action Minutes 2 April 26 2016 Draft March 8, 2016 Planning Commission Minutes. Approved by a 5-0 vote (Commissioner Nelson abstained). 2. Draft March 22, 2016 Planning Commission Minutes. Approved by a 4-0 vote (Commissioner Rice and Williams abstained). 3. Draft April 12, 2016 Planning Commission Minutes. Approved by a 5-0 vote (Commissioner Neely abstained). D. UNFINISHED BUSINESS: None. E. NEW BUSINESS: None. F. PUBLIC HEARINGS: Consideration of Conditional Use Permit 15-015; Verizon - Plaza Del Rio, review of conceptual development plans for the proposed Verizon Wireless unmanned telecommunications facility located at 32391 Camino Capistrano (Assessor Parcel Numbers 668-091-09)(Applicant: Verizon Wireless (Lindsay Ortega, Contract Planner). Lindsay Ortega made the staff presentation and responded to questions. Kevin Sullivan, Attorney representing the Applicant— provided presentation and responded to questions. Linn Ngyuen, Applicant — Responded to questions. Chair Speros opened the Public Hearing, no member of the public provided comments. Adoption of Motion Commissioner Williams made a motion, seconded by Commissioner Nelson to deny Conditional Use Permit (CUP) No. 15-015, based on the following: • Architectural character of the proposed facility is not in keeping with the intent of the design guidelines of City San Juan Capistrano. • Height concerns relating to mass and scale of the proposed tower. • The location of the design fails to engage the architecture of the existing building. • Design is not in keeping with the architectural elements of the existing building. PC Action Minutes 3 April 26. 2016 • Lack of consideration of alternate locations. The motion passed on 4-2 vote. AYES: Chair Speros, Vice Chair Nelson, Commissioners Neely, and Williams. NOES: Commissioners Rice and Shown. ABSTAIN: None Adoption of Motion Commissioner Williams made a motion, seconded by commissioner Neely recommending denial to the City Council of Floodplain Land Use Permit for the installation of 45'-0" tall faux bell tower with 12 panel antennas, 12 remote radio units, 2 raycaps, 2 equipment cabinets and a stand-by emergency generator to be enclosed within the proposed structure due to inconsistencies with the General Plan's policies on aesthetics. The motion passed on 4-2 vote. AYES: Chair Speros, Vice Chair Nelson, Commissioners Neely, and Williams. NOES: Commissioners Shown and Rice. ABSTAIN: None Commissioner Williams made a motion, seconded by Commissioner Nelson to appoint Commissioners Shown as Representative in the differing view and Rice as secondary Representative in the differing view. Commissioners Williams as an affirmative Representative and Nelson as an Alternate Representative to attend the City Council meeting to represent the view of the Commission and to answer any questions. AYES: Chair Speros, Vice Chair Nelson, Commissioners Neely, Shown, Rice and Williams. NOES: None. ABSTAIN: None 2. Consideration of a time extension request to amend the Amended and Restated Development Agreement for the Pacifica San Juan Project between the City of San Juan Capistrano and Pacific Point Development Partners, LLC, for a 257 -acre project site generally located between the intersection of Camino Las Rambles at Avenida California and Vista Marina at Valle Road east of Interstate 5, south and east of McCracken Hill, south of PC Action Minutes 4 April 26 2016 the San Juan Meadows project, and west of the Lomas San Juan neighborhood (Assessor's Parcel Numbers: 675-081-17 through -21, 23; 675-085-01 through -48; 675-351-17; 675-411-1 through 75; 675-421-01 through -19; 675-431-01 through -39; 675-441-01 through 03;675-442-01 through -07;675.443-01through -03;675-444-01 through 25;675-451-01 through -31; 675-461-01 through 52; and 675-471 01 through 41) (Applicant: Pacific Point Development Partners, LLC)(Project Manager: Mathew Evans, Contract Planner). Mathew Evans made the staff presentation and responded to questions. Chair Speros opened the Public Hearing, no member of the public provided comments. Adoption of Resolution JANUARY 16, 2017, TO JANUARY 16, 2022, FOR AN APPROVED 257- Commissioner Williams made the motion, seconded by Commissioner Speros to adopt a resolution recommending approval of an Amendment to the Amended and Restated Development Agreement for the Pacific San Juan project, and approve an ordinance amending the Amended and Restated Development Agreement to extend the termination date of the agreement from January 16, 2017, to January 16, 2022. The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Neely, Rice, Shown and Williams. NOES: None ABSTAIN: None Commissioner Nelson recused and removed himself from the Chamber because he lives less than 500 feet from the project. PC Action Minutes 5 April 26, 2016 Adootion of Motion Commissioner Neely made a motion, seconded by Speros to appoint Commissioners Speros as an affirmative Representative and Neely as an Alternate Representative to attend the City Council meeting to represent the view of the Commission and to answer any questions. The motion passed by a 5-0 vote. AYES: Chair Speros, Commissioners Neely, Rice, Shown and Williams. NOES: None ABSTAIN: None Commissioner Nelson returned to the meeting 3. Consideration of Development Agreement (DA) 16-002, Inn at the Mission San Juan Capistrano; Consideration of the "First Amendment to Development Agreement' Extending the Term of the Development Agreement between the City of San Juan Capistrano and South Coast Investors II, LLC for a 3.18 -acre site located at 26891 Ortega Highway (Assessor Parcel Numbers 124-170-12,14,15, & 16)(Applicant: Dan Friess, Mission Commercial Properties, Inc.)(Project Manager: David Contreras, Senior Planner). David Contreras made the staff presentation and responded to questions. Dan Friess, Property Owner/Applicant — provided presentation and responded to questions. Chair Speros opened the Public Hearing, no member of the public provided comments. Adoption of Resolution AGREEMENT' EXTENDING THE TERM OF THE DEVELOPMENT PC Action Minutes 6 April 26 2016 Commissioner Nelson made the motion, seconded by Commissioner Shown to adopt a resolution recommending that the City Council approve 'The First Amendment to Development Agreement" thereby granting a 1 -year extension to the term of the agreement from August 3, 2016 to August 3, 2017. The motion passed by a 5-0 vote. AYES: Chair Speros, Vice -chair Nelson, Commissioners Neely, Rice, and Shown. NOES: None ABSTAIN: None Commissioner Williams recused and removed himself from the Chamber at the direction of the City Council that any commissioner with a perceived conflict to not participate on this particular item. Adoption of Motion Commissioner Speros made a motion, seconded by Shown to appoint Commissioners Speros as an affirmative Representative and Neely as an Alternate Representative to attend the City Council meeting to represent the view of the Commission and to answer any questions. The motion passed by a 5-0 vote. AYES: Chair Speros, Vice -chair Nelson, Commissioners Neely, Rice, and Shown. NOES: None ABSTAIN: None Commissioner Williams returned to the meeting. G. INFORMATION ITEM: None. H. COMMISSION/STAFF DISCUSSION: I. ADJOURNMENT: At 8:30 p.m., there being no further business, the Acting Chair adjourned to Tuesday, May 10, 2016, at 6:30 p.m. in the Council Chambers. Approved on May 10, 2016. PC Action Minutes 7 Aoril 26. 2016 4*0-00 Sergio Klotz, Assistant Development Services Director Planning Commission Secretary