MINUTES December 13, 2016 PLANNING COMMISSION. Rob Williams Tim Neely Ted Shown

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1 MINUTES December 13, 2016 PLANNING COMMISSION ITEM C2 A. ORGANIZATION: 1. CALL TO ORDER: The Chair called the meeting to order at 6:30 p.m. 2. ROLL CALL: Commissioners Present: Commissioners Absent: Staff Present: Mark Speros, Chair Rob Williams Tim Neely Ted Shown Lennie DeCaro Joel Rojas, Development Services Director, Sergio Klotz, Assistant Development Services Director David Contreras, Senior Planner Elizabeth Hull, Deputy City Attorney 3. PLEDGE OF ALLEGIANCE: Chair Speros led the Pledge of Allegiance. B. ORAL COMMUNICATIONS:. 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 may be removed from the Consent Calendar and will be considered separately. 1. Draft November 9, 2016 Planning Commission Minutes. Approved by 4-0 vote. D. UNFINISHED BUSINESS:.

2 PC Action Minutes 2 December 13, 2016 E. NEW BUSINESS:. F. PUBLIC HEARINGS: 1. Continued consideration of Conditional Use Permit (CUP) , Public 74; to allow outdoor dining in two patios that encompass 690 square feet and 1,194 square feet located at Ortega Highway, Suite B, (Assessor Parcel Number: )(Applicant: Chad Dickey)(Project Manager: David Contreras, Senior Planner). David Contreras made the staff presentation and responded to questions. Phillip Schwartze, Applicant s representative made a presentation and responded to questions. Chad Dickey, Applicant made a presentation and responded to questions. Chair Speros opened the Public Hearing, and Mary-Gage Gillette, Tim Gillette, Mark Mitchell and Chuck Housenworks provided public comments. Chair Speros then, closed the Public Hearing. Commissioner Speros made a motion, seconded by Commissioner Neely to deny Conditional Use Permit (CUP) , due to incompatibility with surrounding residential uses) and directed staff to draft a denial resolution for adoption at the January 10, 2017, Planning Commission meeting. The motion passed by a 4-0 vote. 2. Consideration of Grading Plan Modification (GPM) , Sustaita Residence; a request for approval of a grading plan to correct grading that was performed prior to the issuance of a building permit or the approval of a Grading Plan Modification, located on a 1.4 acre parcel at Valle Road (Assessor Parcel Number )(Applicant: Tony Sustaita)(Project Manager: David Contreras, Senior Planner). David Contreras made the staff presentation and responded to questions. Tony Sustaita (applicant) and Kurt Saxon(applicant s representative) made a presentation and responded to questions.

3 PC Action Minutes 3 December 13, 2016 Chair Speros opened the Public Hearing, and Paul Ligocki provided public comments. Chair Speros then, closed the Public Hearing. Commissioner Williams made a motion, seconded by Commissioner Neely, to refer Grading Plan Modification (GPM) , to the Design Review Committee for the review of slopes, walls and landscaping. The motion passed by a 4-0 vote. 3. Consideration of Code Amendment (CA) , an Ordinance to amend Title 1, General Provisions, Title 5, Public Welfare, and Title 9, Land Use, amending enforcement penalties and regulations of loud noise, other nuisances, and lodging uses citywide. (Project Manager: Sergio Klotz, Assistant Development Services Director). Sergio Klotz made the staff presentation and responded to questions. Chair Speros opened the Public Hearing, and Suzanne Cameron, Laurie Girand, David Ewing, Sharon Sumich, Soren Lind, Sharon McKeague, Warren Hanselman, Judith Anderson, Gladston Anderson, Monica Mukai, and Stephen Petilli provided public comments. Chair Speros then, closed the Public Hearing. Adoption of Resolution PC RESOLUTION NO , CODE AMENDMENT (CA) , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 1, GENERAL PROVISIONS, TITLE 5, PUBLIC WELFARE, TITLE 6, SANITATION AND HEALTH, AND TITLE 9, LAND USE, CHANGING ENFORCEMENT PENAL TIES AND CLARIFYING REGULATIONS OF LOUD NOISE, OTHER NUISANCES, AND LODGING USES CITYWIDE. Commissioner Neely made a motion, seconded by Commissioner Speros, to Adopt a resolution recommending that the City Council adopt an Ordinance to amend various Sections of the San Juan Capistrano Municipal Code to clarify the existing prohibitions on Short Term Rentals and Other Transitory Lodging Uses in residential zones and finding that said Ordinance is exempt per California Environmental Quality Act (CEQA). In addition, the motion recommended that the City Council consider a narrow exception that would

4 PC Action Minutes 4 December 13, 2016 allow certain low impact room rentals provided the exception does not dilute the overall enforceability of the ordinance. The motion passed by a 3-1 vote. Chair Speros and Commissioners Neely and Shown. Commissioner Williams Commissioner Neely made a motion, seconded by Commissioner Speros, to appoint Commissioner Williams as the representative in the differing view, Commissioner Speros as an affirmative representative and Commissioner Neely as an Alternate affirmative representative to attend the City Council meeting to represent the view of the Commission and to answer any questions the City Council may have. The motion passed by a 4-0 vote. G. INFORMATION ITEM: H. COMMISSION/STAFF DISCUSSION: 1. Planning Commissioner Representatives reminder for upcoming City Council agenda items. 2. Planning Commission Update Report Planning Commission Items to City Council. Commissioner Williams informed the Commission that he would be absent from the January 10, 2017 meeting. I. ADJOURNMENT: At 9:45 p.m., there being no further business, the Chair adjourned to Tuesday, January 10, 2017, at 6:30 p.m. in the Council Chambers.

5 PC Action Minutes 5 December 13, 2016 Approved on January 10, Sergio Klotz, Assistant Development Services Director Planning Commission Secretary