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PC Minutes-2011-08-2332400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX wwwsanjuancapistrano,oq A. CALL TO ORDER PLANNING COMMISSION MEETING MINUTES Tuesday, August 23, 2011 The meeting was called to order by Chairman Cohen at 6:30 p,m, B, PLEDGE Chairman Cohen led the Pledge of Allegiance, C. ROLL CALL: Commissioners Present: Sheldon Cohen, Chairman Gene Ratcliffe, Vice -Chair Ginny Kerr Tim Neely Jeff Parkhurst Rob Williams Commissioners Absent: Roy Nunn MEMBERS OF THE CITY COUNCIL Staff Present: William Ramsey, AICP, Principal Planner Grant Taylor, Development Services Director Tram Tran, Deputy City Attorney Teri Delcamp, Historic Preservation Manager D. ORAL COMMUNICATIONS None, E, CONSENT CALENDAR SAMALLEVATO IAURAFREESE LARRYKRAMER DEREK REEVE JOHN TAYLOR 1. Minutes of August 9=2011: By motion duly -made and seconded, the Commission approved the subject minutes by a 5-0-1 vote (Cohen abstained). A` San Juan Capistrano; Preserving the Past to Enhance the Future �M Pdrded on 100% recycled paper PC Meeting Minutes 2 August 23, 2011 F. PUBLIC HEARINGS None, G. UNFINISHED BUSINESS None, H, NEW BUSINESS 1, A Request for Planning Commission Review of an Approved Conditional Use Permit (CUP) 08-011, Forster Mansion Exclusive Events; a wedding and special events facility on an 0,6 acre site located at 27182 Ortega Highway (APN 666.241-09) with a "31 General Commercial" General Plan land use designation and a "Sector A-1, Commercial" Zoning designation under Comprehensive Development Plan 78.01, Ortega Planned Community (CDP 78-01) (Operator: Arpi Evans) (Project Manager: Teri Delcamp), Teri Delcamp, Historic Preservation Manager made the staff presentation and advised that,on December 4, 2009, the City Council granted final approval forthe CUP allowing a wedding and special event facility use atthe historic Frank Forster Residence (Forster Mansion) located at 27182 Ortega, The approval was granted with numerous conditions of approval. She stated that since that time, the City and other agencies (Orange County Public Health and the State's Alcoholic Beverage Control Department) have received complaints regarding the operator's non-compliance with the CUP conditions of approval, many of which have been field -verified by the City's code enforcement staff. Ms. Delcamp indicated that as recently as July, the City sent the operator a letter identifying all the conditions contained in the CUP that need to be complied with. Ms. Delcamp noted that the operator's existing use continues to be non-compliant with certain conditions of approval, Staff recommended that the Planning Commission (1) Find and declare that there is sufficient evidence to warrant a full examination of CUP 08-011; (2) Set a public hearing date of September 13, 2011; and, (3) Direct staff to provide 10 days advance notice of the public hearing, state the reasons for considering revocation of CUP 08-011, and implement all other necessary actions to proceed with the proposed revocation hearing. Commission Comments a. The Commission clarified that the purpose of this evening's consideration of the project was to determine whether the evidence about the operation warrants a full examination of the CUP at a future public hearing, b. The Commission also clarified that the Municipal Code provides options for the Planning Commission's action at a future public hearing, which could include modifying the CUP, providing additional time for compliance, or revoking the CUP. c. Staff was requested to provide the complete particulars of all violations (Ii. dates, times, nature of violation, etc,) to the Commission for consideration at a future public hearing and to also provide the. operator the same information before the hearing so that she has sufficient opportunity to respond and offer a defense at a future CUP mod ificationlrevocation hearing should the Commission take action to direct such a hearing. d, The Commissioners unanimously concluded that the evidence presented by staff about the operation warrants a full examination of the CUP at a future CUP mod ificationlrevocation hearing. Planning Commission Action Commissioner Rob Williams made a motion, seconded by Commissioner Ginny Kerr for staff recommendation, subject to staff providing the operator with the complete particulars of all violations (i.e. dates, times, nature of violation, etc.) before the hearing so that she has sufficient opportunity to respond and offer a defense at the September 13 public hearing on CUP 08-011, The motion passed by a 6-0 vote, AYES: Chairman Sheldon Cohen and Commissioners Gene Ratcliffe and Commissioners Ginny Kerr, Tim Neely, Jeff Parkhurst and Rob Williams NOES: None ABSTAIN: None I, STAFF & COMMISSION COMMENTS None, J. ADJOURNMENT There being no further business before the Commission, Chairman Cohen adjourned at 7:05 p,m, to the next regularly scheduled meeting for Tuesday, August 2, 20111 at 6:30 p.m. in the Council Chambers, Respectfully submitted, Miam A, Ramsey, AICP, Principal Planning Commission Secretary