99-0310_CC_Minutes_Adjourned Regular Meeting073
March 10, 1999
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California,
held jointly with the Planning Commission, was called to order by Mayor Greiner at 7:04 p.m. in the
City Council Chamber, followed by the Pledge of Allegiance to the Flag.
ROLL CALL: PRESENT: John Greiner, Mayor
Collene Campbell, Mayor pro tem
Gil Jones, Council Member
Wyatt Hart, Council Member
David M. Swerdlin, Council Member
Mark McGuire, Chairman (arrived at 7:07 p.m.)
Bill Sonka, Vice Chairman
Diane Bathgate, Commissioner
Sheldon Cohen, Commissioner
Ed Johnson, Commissioner
Timothy Neely, Commissioner
William Pichler, Commissioner
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
Cheryl Johnson, City Clerk; Thomas Tomlinson, Planning Director; William M. Huber, Engineering
and Building Director.
ORAL COMMUNICATIONS - None
ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
WORKSESSION TO REVIEW POTENTIAL DEVELOPMENT OF THE OSO
RANCH LOCATED ON THE NORTH SIDE OF OSO ROAD, AS A PRIVATE
SCHOOL AND THE FORSTER RV STORAGE SITE, LOCATED ON ALIPAZ
STREET, AS SINGLE-FAMILY DETACHED HOMES (SADDLEBACK VALLEY
CHRISTIAN SCHOOLNILLAGE ALIPAZ) (420.101
Proposal:
Worksession held jointly with the Planning Commission to discuss two proposed
developments: (1) establishment of a private school at Camino Capistrano and Oso Road on
a portion of the Oso Ranch; and, (2) development of single-family homes on the 21 -acre
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Alipaz Street site that is currently occupied by a recreational vehicle storage yard and an
agricultural field. The applicant had proposed the development of the two separate
properties to enable a land "trade."
Applicant:
Saddleback Valley Christian School, c/o Bruce Harbin, 2122 North Broadway, Suite 101,
Santa Ana, California 92706.
Written Communications:
(1) Report dated March 10, 1999, from the Planning Director, advising that the applicant
had begun processing development of the Saddleback Valley Christian School at
32532 Alipaz Street; but had withdrawn the application following the City Council
hearing on September 1, 1998. The applicant had been presented with an alternative
and had now determined that a site located on Oso Road just west of Camino
Capistrano and the railroad tracks, known as the Oso Ranch, may be suitable. The
Oso Ranch contains approximately 70 acres, with 22 acres proposed for development
at this time. Sixteen acres would house temporary and permanent classrooms and
accessory uses for a K-8 private school, and six acres would accommodate Oso Creek
channel improvements. Oso Road would be improved to four lanes and a new at -
grade crossing would be developed. Future use of the remaining acreage could
include high school facilities, ball fields and a 360 -unit senior citizen housing
project. The proposed residential property, to be located on the site of the formerly
proposed Saddleback Valley Christian School, contains approximately 21 acres
located on the east side of Alipaz Street, just north of Camino del Avion. It was
proposed to develop the site with approximately 163 single-family homes at a density
of 7.7 dwelling units per acre. Minimum lot size would be 4,000 square feet, with
a mixture of one- and two-story designs.
The applicant wished to enter into an agreement to establish the density at the Alipaz
site in order to accommodate the land trade with the Oso Ranch site. The Report
noted that an agreement would not be possible if the residential development were
determined to be subject to the ordinance suspending development applications on
certain projects during the General Plan update. The Report further noted that if the
developer were to provide affordable housing in accordance with Section 9-3.511 of
the Municipal Code, the project application could be considered; the project could
also be exempt if it was restricted to residents of 55 years or older.
(2) Letter dated March 5, 1999, from Mildred Groski, 31821 Paseo Terraza, supporting
establishment of the school.
(3) Letter dated March 9, 1999 from Albert F. Simmons, 32302 Alipaz Street, Space
135, supporting the proposal.
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_ (4) Letter dated March 10, 1999, from Senator Bill Morrow, 38th Senatorial District,
27126 Paseo Espada, Suite 1621, San Juan Capistrano, expressing appreciation to the
Council for considering establishment of the Saddleback Valley Christian School.
(5) Fact Sheet received March 10, 1999, from Phillip Schwartze, proponent for Village
Alipaz, describing the project and suggesting an implementation process to include
agreement on the concept; agendizing a Letter of Understanding; and, processing of
necessary applications.
Staff Presentation:
Colored renderings and a conceptual yield study of Village Alipaz were on display, as well
a Master Plan ownership map, interim site plans for Saddleback Valley Christian School, and
future development phasing of the Oso Ranch. Sara Pashalides, staff consultant, described
the proposal and planning issues associated with each site.
Applicant Presentation:
(1) Bruce Harbin, President and Chairman of the Board of Saddleback Valley Christian
School, stated that although they had withdrawn their proposal for a school at the
Alipaz site, they had felt there was unanimous support for the school itself. They had
heard many comments from the community that the Alipaz site should contain a
residential development, and so when presented with the idea, had subsequently
considered a land swap for the Oso Ranch property. He indicated their concerns
regarding the Oso Ranch location and described their safety considerations. He
expressed their desire to move forward and to know if, and where, their energies
should be focused.
(2) Phillip Schwartze, representing Village Alipaz, indicated the land swap had been his
idea, and that although it was financially marginal, it could be done. He stated that
marketing figures supported development of single-family homes on individual lots
in the $300,0004400,000 range. He indicated he would not be interested in
developing condominiums, townhomes, low-income or senior housing. He
acknowledged the many issues yet to be addressed, including disposition of multiple
ownerships and a Water District well site. He discussed project phasing and
indicated that as long as he was assured he could build at least 163 lots, the proforma
would work and the land swap could be accomplished.
Public Comments:
(1) Angela Duzich-Rohde, 31372 Don Juan Avenue, advised that she owned two units,
26372 and 26378 Oso Road, across the street from the proposed school site. She
stated support for locating the school at the Oso site. She voiced her concern
regarding circulation in and out of the school site and felt there should be a time
limitation on the use of portable units.
(2) Tony Forster, 25951 Calle Ricardo, spoke in support of establishing the school on the
Oso site and suggested that when assessing fees for processing the current proposal,
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076
consideration be given to the amount of fees paid for the previous project that was
subsequently withdrawn.
Council/Commission Discussion:
There was general consensus of support for the concept of the land swap and locating the
school at the Oso site. Concerns were expressed for traffic circulation on Oso Road and
Camino Capistrano, stacking at the Railroad tracks, safety considerations related to the
railroad tracks and the at -grade crossing, and general circulation improvements that would
be needed. Commissioner Neely indicated there may be many constraints on the use of
property on the westerly side of the creek due to the Corps of Engineers' study and resulting
delays or improvements requirements that could impact the project and/or its finances.
Commissioner Bathgate suggested that the school's architecture reflect the rural character
of the area. She also expressed concerns that the project may be more costly to develop due
to traffic impacts fees, creek improvements and the potential bridge construction.
There was also general consensus that the development on Alipaz Street could work.
Suggestions were made that during specific project review the as -built density on adjacent
properties be taken into consideration to assure the project would fit the existing character
of the surrounding area. It was suggested that consideration be given to constructing
condominiums or townhomes to allow for more flexibility of design. It was further
suggested that on -street parking concerns could be addressed through the use of zero -lot -
lines. Commissioner Johnson pointed out that issues such as tot lots, open space and
landscaping were thoroughly examined by the Planning Commission and the density
requested may not be approved.
Council Member Campbell expressed concern regarding transportation issues; the
ramifications of the Corps of Engineers study on the creek; the density of the Village Alipaz
project; and timing of the proposed land swap. She indicated that she supported the school,
however, there were too many unanswered questions which could delay or negatively impact
its development. Council Member Jones also indicated that while he felt the Oso site was
a good site for the school and he supported the concept of the land swap, he would not pre -
approve the Village Alipaz development. Mayor Greiner advised that due to the General
Plan review process, some decisions may be delayed until such time as final land use
decisions are made, and opening the school at the Oso site in September could be very
optimistic.
Additional Discussion
Mr. Schwartze, representing Village Alipaz, indicated he would not propose townhouses,
condominiums, low-income or senior housing. He further indicated his desire to have placed
on the agenda a letter of understanding or a memorandum of understanding that would
guarantee that Village Alipaz could be developed in the range of 160-165 units. The City
Manager cautioned that the present moratorium prohibits the processing of entitlements
during the General Plan update. He indicated that it had been suggested to the applicants that
the General Plan process could be used to provide specific direction on this property.
However, the update would not be completed until November at the earliest, which may not
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meet their timelines. Any deliberation regarding a process designed to find an alternative
way to receive entitlements needed careful legal consideration and advice. Council Member
Swerdlin expressed his desire to get the project underway and felt there was an opportunity
to find creative solutions.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:28 p.m. to the
next regular meeting date of Tuesday, March 16, 1999, at 5:30 p.m. in the City Council Chambers.
Respectfully submitted,
CHERYL JO SO , CITY CLERK
ATTEST:
GREINER, MA
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