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PC Minutes-2008-06-2432400 PASEO ADEL,ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org CALL TO ORDER MINUTES OF THE MEETING OF THE PLANNING COMMISSION TUESDAY, JUNE 24, 2008 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO The meeting of the Planning Commission was called to order by Chair Cohen at 7:00 p.m., followed by the Pledge of Allegiance to the Flag. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners Present Commissioner Absent Sheldon Cohen, Chair Gene Ratcliffe, Vice Chair Robert Cardoza Ginny Kerr Tim Neely None Staff members in attendance: Grant Taylor, Assistant Planning Director; Jason Retterer, Deputy City Attorney; Justin Kirk, Assistant Planner; Sue McCullough, Recording Secretary. ORAL COMMUNICATIONS None. Chair Cohen thanked Sue McCullough for her service as Recording Secretary and presented a certificate of appreciation on behalf of the City. Commissioner Neely read the certificate aloud. CONSENT CALENDAR Items listed on the Consent Calendar are considered routine and may be enacted by one motion and one vote. There may be no separate discussion of San Juan Capistrano: Preserving the Past to Enhance the Future Z) Zp Printed on 100% recycled paper PC Meeting Minutes 2 June 24, 2008 these items. If discussion is desired, that item may be removed from the Consent Calendar and will be considered separately. Chair Cohen removed the items from the Consent Calendar for separate consideration. 1. APPROVAL OF PLANNING COMMISSION MINUTES OF MAY 27 2008. Commissioner Kerr asked that the record state the number of students in the Pilates class in Ortega Ranch. Mr. Taylor said that staff would check for the number stated and bring the May 27, 2008 Minutes back to the July 8, 2008 Planning Commission Meeting. Motion Commissioner Cardoza moved to continue the item to the July 8, 2008 Planning Commission Meeting, seconded by Commissioner Kerr. The motion passed by a vote of 5-0. 2. CONSIDERATION OF FINAL PLANNING COMMISSION RESOLUTION 08-6-10-2 RECOMMENDING CITY COUNCIL DENIAL OF GENERAL PLAN AMENDMENT (GPA) 06-01, REZONE (RZ) 06-01, VILLA MONTANA; A REQUEST FOR APPROVAL OF APPLICATIONS TO ALLOW THE DEVELOPMENT OF A 163 -UNIT, MULTI -FAMILY, APARTMENT COMPLEX ON AN EXISTING 4.6 NET ACRE PART OF A 9.7 GROSS ACRE PARCEL LOCATED ON THE NORTH SIDE OF VISTA MONTANA ABOUT 370 FEET WEST OF LA PATA AVENUE (APPLICANT: WHISPERING HILLS, LLC; DENNIS GAGE) Motion Commissioner Kerr moved to adopt Resolution 08-6-10-2 recommending City Council denial of General Plan Amendment (GPA) 06-01 and Rezone (RZ) 06-01 for the Whispering Hills Estates Planned Community located east of La Pata Avenue about 1.4 miles south of Ortega Highway and more precisely referred to as Assessors Parcel Number (APN) 124-223-81 (Villa Montana), seconded by Commissioner Cardoza. The motion passed by a vote of 5-0. CONTINUED PUBLIC HEARINGS None. NEW PUBLIC HEARINGS 1. GRADING PLAN MODIFICATION (GPM) 07-007, CONDITIONAL USE PERMIT (CUP) 08-002, LE SETH, A REQUEST TO LEGALIZE PREVIOUSLY CONSTRUCTED SPORTS COURT LIGHTING AND RETAINING WALLS ALONG THE REAR AND SIDE PORTIONS OF THE PROPERTY LOCATED AT 31484 LA PASITA, A FLAG LOT LOCATED ON THE SOUTH SIDE OF SAN JUAN CREEK ROAD, NORTH OF LA PASITA, IN BETWEEN CAMINO PC Meeting Minutes 3 June 24, 2008 LACOUAGUE AND JULIANNA FARMS ROAD, SOUTH OF TAR FARMS STABLES. (APN 124-671-40) (APPLICANT: MICHAEL LESETH). Written Communications June 24, 2008 Staff presentation & recommendation Mr. Kirk presented the staff report and recommended that the Planning Commission adopt a resolution forwarding the zoning amendments to the City Council with a recommendation of approval. Commissioner Questions and Comments Chair Cohen asked about the quality of the work done. Mr. Kirk said the work was professionally done by Mr. Leseth who is a licensed plumbing contractor. Chair Cohen asked if permits were pulled. Mr. Leseth said that no permits were pulled prior to construction. Commissioners Neely, Cardoza, and Kerr agreed that the code enforcement case resulted in corrective legalization of the previously constructed sports court lighting and retaining walls. Mr. Kirk said permitting fees are doubled in cases where permits are not obtained prior to construction. Mr. Taylor said that a proposed three -tiered citation program would go to the City in August and would include $100, $200, and -$500 for first, second, and third citations respectively. Motion Commissioner Cardoza moved to adopt Resolution 08-06-24-1 adopting a Notice of Exemption and approving a Grading Plan Modification and Conditional Use Permit for an existing single-family home located at 31484 La Pasita (Assessors Parcel Number 124-671-40; Leseth Residence), seconded by Commissioner Neely. The motion passed by a vote of 5-0. OLD BUSINESS None. NEW BUSINESS None. COMMISSION/STAFF COMMENTS Commissioner Ratcliffe said that Golden Spoon's non-compliance sign on a stick has been moved to Rancho Viejo Road. PC Meeting Minutes 4 June 24, 2008 Commissioner Cardoza asked if the Open Space Maste Ordinance is scheduled for June 24 per a memorandu Taylor said the date is July 8 and that a draft ordinance the planners and Sign Subcommittee members for review. r Plan review and Sign m received today. Mr. has been distributed to Commissioner Cardoza said that he attended the Open Space Trail Ride and appreciated the excellent work of the Open Space Committee. Commissioner Neely asked if the Stevens rezone considered by the City Council was the same case that was considered at the recent Planning Commission meeting. Mr. Taylor said it was and the same applicant requested at the City Council the General Commercial designation first and Residential Agricultural second. The City Council changed the zone back to Specific Plan/Preuse Plan, the original zoning before 2002 and said there would need to be a special activities permit for any wedding or other special events at the nursery. Mr. Taylor said at the last meeting Commissioner Kerr asked about the no right turn on red sign, which has been removed. Code Enforcement is monitoring the banners on the Capistrano Home Furnishings and the Marshall's Center stick signs. Mr. Taylor asked Commissioners to let him know which times on Saturday, July 12 or Saturday, July 26 they would be available for a Planning Commissioner Code Enforcement ride, with two -Commissioner maximum at a time. Chair Cohen asked the significance of a closed trail sign on the Belford to Marbella trail. Mr. Taylor said that he would look into it. Chair Cohen asked what requirements or regulations cover businesses that are perpetually going out of business. Mr. Retterer said he would look into it and return with any regulations. Chair Cohen asked about time limits on off-loading of earth moving equipment during weekends for the project at the foot of Belford Hill. Mr. Kirk said construction related activities are limited to Monday through Friday lam to 6pm, with Saturday hours limited to 8:30am to 4:30 pm, and no construction activity on Sundays or holidays. Mr. Taylor said that Code Enforcement would be requested to let the builder know the code requirements. Mr. Taylor said that staff is looking to add a provision in the sign program for murals, and will be relying on the Planning Commission to make a land use determination that would be precedent setting. Commissioner Neely said that he would be taking a medical hiatus and would not be at Planning Commission meetings until some time in August. He thanked Commissioner Kerr for attending DRC meetings during his absence. PC Meeting Minutes 5 June 24, 2008 ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at 7:30 p.m. The next regularly scheduled Planning Commission Meeting is scheduled for Tuesday, July 8, 2008 at 7:00 p.m. in the City Council Chamber. Approved: AA -J;J P �'C'A' Steven A. Ap , AICP Planning Director