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