PC Minutes-2014-09-3032400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493·1053 FAX
www.sanjuancapistrano. org
A. ORGANIZATION:
1. CALL TO ORDER:
ADJOURNED PLANNING COMMISSION
ACTION MINUTES
September 30, 2014
The Chairman called the meeting to order at 6:50 p.m .
2. PLEDGE:
The Chairman led the Pledge of Allegiance.
3. ROLL CALL:
Commissioners Present: Sheldon Cohen, Chairman
Roy Nunn
Evan Chaffee
lan Gardiner
Commissioners Absent: Tim Neely (Excused absence)
Staff Present: Charlie View, Development Services Director
Sergio Klotz, Assistant Development Services Director
Laura Stokes, Coordinator/Assistant Planner
Nancy Gutierrez, Contract Planner
Alisha Patterson, Deputy City Attorney
SAM ALLEVA TO
ROY L. BYRNES, M.D.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
Agenda items are presented in the originally agendized format for the benefit of the minutes'·
reader, but were not necessarily heard in that order.
B. ORAL COMMUNICATIONS: Mr. lan Smith, City resident.
C. CONSENT CALENDAR:
1. Minutes of August 26, 2014 : By motion duly-made and seconded, the Commission
approved the subject minutes as submitted by a 4-0 vote.
San Juan Capistrano: Preserving the Past to Enhance the Future
A \,4) Printed on 100% recycled paper
PC Action Minutes 2 September 30 , 2014
D. UNFINISHED BUSINESS:
1. Appoint a Planning Commission Ad-hoc Committee: to study the Historical Town
Center Master Plan, Form Based Code and General Plan and recommend actions to
reconcile the documents and affirm the Community's vision for the City's Historic Town
Center Area (Project Manager: Charlie View, Development Services Director).
Adoption of Motion
Commissioner Chaffee made the motion, seconded by Commissioner Nunn, to
designate Commissioners Sheldon Cohen and I an Gardiner as the Ad-Hoc Committee
members. The motion passed by a 4-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Evan Chaffee, Roy Nunn and
lan Gardiner.
NOES: None.
ABSTAIN: None.
E. NEW BUSINESS:
None.
F. PUBLIC HEARINGS:
1. Consideration of Code Amendment (CA) 14-004 and Conditional Use Permit
(CUP) 14-008, Zuri Pet Spa and Resort; a Request to Amend the Zoning Code to
Permit Commercial Kennels in the Commercial Manufacturing District Subject to
Approval of a Conditional Use Permit, and Requests Approval of a Conditional Use
Permit for an 8,500 Square Foot Kennel Which Provides Pet Grooming, Training, Day
Care, and Overnight Boarding Located at 32423 Calle Perfecto. (Assessor Parcel
Number: 668-501-070) (Applicant: PRS Group, Phillip Schwartze)(Project Manager:
Laura Stokes, Housing Coordinator/Assistant Planner) TO BE CONTINUED TO THE
OCTOBER 28, 2014 MEETING. Chairman Cohen opened the Public Hearing, no
member of the public provided comment, and he closed the Public Hearing.
Adoption of Motion
Commissioner Gardiner made a motion, seconded by Commissioner Chaffee to
continue consideration of the proposed project to the October 28, 2014, Planning
Commission meeting. The motion passed by a 4-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Roy Nunn, Evan Chaffee and
lan Gardiner.
PC Action Minutes 3 September 30. 2014
NOES : None
ABSTAIN: None
2 . Consideration of Conditional Use Permit (CUP) 14-011, We Olive, a Request to
Establish "Off-Sale Beer and Wine" in Conjunction with a 1,040 square foot business
for tasting and retail sales of olive oil and wine located at 31730 Camino Capistrano,
Suite B (Applicant: C. D. Middleton Inc., Kimberly Middleton) (Project Manager : Laura
Stokes, Housing Coordinator/Assistant Planner).
Adoption of Resolution
PC RESOLUTION NO. 14-09-30-01, CONDITIONAL USE PERMIT (CUP) 14-011, 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 TYPE 20 LICENSE FOR
"OFFSALE BEER AND WINE" IN CONJUNCTION WITH A RETAIL BUSINESS
INCLUDING OLIVE OIL AND WINE TASTING WITHIN THE BUILDING AT LOCATED
AT 31760 CAMINO CAPISTRANO (ASSESSOR PARCEL NUMBER 124-160-22AND
124-160-23) (APPLICANT: C.D. MIDDLETON INC., KIMBERLY MIDDLETON).
Commissioner Nunn made a motion, seconded by Commissioner Chaffee to approve
Conditional Use Permit (CUP 14-011. The motion passed by a 4-0 vote.
AYES: Chairman Sheldon Cohen, Commissioners Roy Nunn, Evan Chaffee and
lan Gardiner.
NOES: None
ABSTAIN: None
3. Consideration of General Plan Amendment (GPA) 13-002, Rezone Amendment
13-005, Specific Plan (SP) 14-001, Tentative Tract Map (TTM) 2014-17749,
Architectural Control (AC) 13-004, Grading Plan Modification (GPM) 13-006, and
CDA) Development Agreement 14-003 as associated with the proposed Laguna
Glen Continuing Care Retirement Community located on 35 acres at 32382 Del
Obispo Street on Assessor Parcel Numbers 121-182-17 and 121-182-53; and
consideration of the associated environmental impact report prepared for the project.
(Applicant: Spieker Senior Development Partners)(Project Manager: Nancy Gutierrez,
Contract Planner).
Adoption of Resolution
RESOLUTION NO. 14-9-30-02. A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SAN JUAN CAPISTRANO RECOMMENDING TO THE CITY
COUNCIL DENIAL OF THE CERITIFICATION OF THE ENVIRONMENTAL IMPACT
PC Action Minut es 4 Septem ber 30 , 20 14
REPORT (EIR) (STATE CLEARINGHOUSE NO. 2013121089), GENERAL PLAN
AMENDMENT (GPA 13-002), SPECIFIC PLAN (SP -14-001 ), AMENDMENT TO THE
OFFICIAL ZONING MAP CRZ13-005), DEV E LOPMENT AGREEMENT (DA14-003),
TENTATIVE TRACT MAP (TTM 17749), ARCHITECTURAL CONTROL CAC13-004),
AND GRADING PLAN MODIFICATION (GPM13-006) FOR THE SPIEKER
CONTINUING CARE RETIREM ENT COMMUNITY ON 35 ACRES LOCATED AT
32382 DEL OBISPO STRE ET (SPIEKER SEN IOR DEVELOPMENT PARTNERS)
Chairman Cohen opened the public hearing and the Commission received public
testimony on the proposed project. Based on that testimony, the Commission
concluded the project would result in a significant adverse traffic impact that would not
be adequately mitigated, that the proposed use would adversely change the character
of the community and place a burden on the City's infrastructure.
A. Commissioner Cohen made a motion, seconded by Commissioner Nunn to adopt a
resolution recommending that City Council deny Certification of the Environmental
Impact Report (EIR). The motion passed by a 2-1 vote .
AYES: Chairman Sheldon Cohen and Commissioner Roy Nunn.
NOES: Commissioner lan Gardiner.
ABSTAIN : None.
B . Commissioner Cohen made a motion, seconded by Commissioner Nunn to adopt a
resolution recommending that City Council deny the proposed General Plan
Amendment (GPA) 13-002 and Specific Plan (SP) 14-001. The motion passed by a 2-
1 vote.
AYES: Chairman Sheldon Cohen and Commissioner Roy Nunn .
NOES: Commissioner lan Gardiner.
ABSTAIN: None .
C. Commissioner Cohen made a motion, seconded by Commissioner Nunn to adopt a
resolution recommending that City Council deny the Rezone (RZ) 13-005 and
Development Agreement (DA) 14-003. The motion passed by a 2-1 vote .
AYES: Chairman Sheldon Cohen and Commissioner Roy Nunn .
NOES: Commissioner lan Gardiner.
ABSTAIN: None.
D. Commissioner Cohen made a motion, seconded by Commissioner Nunn to adopt a
resolution recommending that City Council deny the Tentative Tract Map (TIM) 17749,
PC Action Minutes 5 September 30, 2014
Architectural Control (AC) 13-004 and Grading Plan Modification (GPM) 13-006. The
motion passed by a 2-1 vote.
AYES: Chairman Sheldon Cohen and Commissioner Roy Nunn.
NOES: Commissioner lan Gardiner.
ABSTAIN: None.
Commissioner Roy Nunn indicated that, if City Council certifies Environmental Impact
Report the approves the proposed General Plan Amendment (GPA 13-002), Specific
Plan (SP-14-001), Amendment to the Official Zoning Map (RZ13-005), and
Development Agreement (DA 14-003), then he would support approval of the Tentative
Tract Map (TTM 17749), Architectural Control (AC 13-004) and Grading Plan
Modification (GPM 13-006).
G. STAFF & COMMISSION COMMENTS
None.
H. ADJOURNMENT
There being no further business, the Chairman adjourned at 11:06 p.m . to the next regularly
scheduled meeting for Tuesday, October 14, 2014, at 6:30pm in the Council Chambers.
Approved on October 14, 2014,
Charles View, Development Service Director
Planning Commission Secretary