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99-1214_CC_Minutes_Adjourned Regular Meeting345 DECEMBER 14, 1999 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA CLOSED SESSION (610.85) Council met in a Closed Session at 5:30 p.m. for the following purposes, as authorized by statute: Pursuant to Government Code Section 54956.9(b), the City Council will confer with its Legal Counsel regarding the status of Lippert v. the City of San Juan Capistrano et. a/. Pursuant to Government Code Section 54956.9(b) & (c), the City Council will conferwith its Legal Counsel regarding one matter. RECESS UNTIL 7:00 P.M. BUSINESS SESSION. The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California, was called to order by Mayor pro tem Hart at 7:05 p.m. in the City Council Chamber. ROLL CALL: PRESENT: Wyatt Hart, Mayor pro tem John Greiner, Council Member Gil Jones, Council Member David M. Swerdlin, Council Member ABSENT: Collene Campbell, Mayor STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager; Cheryl Johnson, City Clerk; Cynthia L. Russell, Administrative Services Director; William M. Huber, Engineering and Building Director; Thomas Tomlinson, Planning Director; Lt. Rick Stahr, Orange County Sheriffs Department; Bonnie Sanchez, Recording Secretary. ANNOUNCEMENT OF CLOSED SESSION ACTIONS - CITY COUNCIL AND CAPISTRANO VALLEY WATER DISTRICT Mayor pro tem Hart indicated there were no actions to report from the Closed Session ORAL COMMUNICATIONS - None PUBLIC HEARINGS CONSIDERATION OF FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT AND DRAFT GENERAL PLAN (440.25) Proposal: _ Consideration of the Final Program Environmental Impact Report, including Volumes I and II, Response to Comments and CEQA Findings and Overriding Considerations prepared for the update of the City's General Plan. City Council Minutes -1- 12/14/99 346 Applicant: City of San Juan Capistrano Written Communications: (1) Report dated December 14, 1999, from the Planning Director, forwarding the documentation associated with the General Plan update, background information, a highlight of the changes recommended for inclusion into the revised Plan, and a Resolution approving the Final Program Environmental Impact Report and Draft General Plan. (2) Letter dated December 6, 1999, from R. C. Turner, P. O. Box 1510, San Juan Capistrano, urging that the Council assure that the updated General Plan is in full compliance with the Orang County Master Plan of Arterial Highways. (3) Memorandum dated December 9, 1999, from the Planning Director, forwarding a revised Resolution for adoption of the General Plan. (4) Letter dated December 10, 1999, from Randy Hanson, Sycamore Trails Stables, requesting consideration for the redesignation of the Sycamore Trails Stables property to a designation that would allow for the possibility of an RV storage use. (5) Memorandum dated December 13,1999, from the Planning Director, forwarding the final revised resolution. (6) Letter dated December 13, 1999, from Lynne Fishel, Deputy Director of the Building Industry Association, 9 Executive Circle, Suite 100, Irvine, expressing opposition to the deletion of the Camino Las Ramblas and San Juan Creek Road extension from the City's Circulation Element. (7) Letter dated December 13, 1999, from Robert Mason of TRC Environmental Solutions, Inc., 21 Technology Drive, Irvine, CA 92618, forwarding comments on the draft General Plan on behalf of the Crystal Cathedral Ministries at Rancho Capistrano. (8) Letter dated December 14, 1999, from Brobeck, Phleger & Harrison LLP, 38 Technology Drive, Irvine, CA 92618, forwarding additional comments of Rancho Mission Viejo, particularly referencing the proposed deletion of certain roadway segments from the General Plan. Planning Consultant Presentation: John Bridges, of Cotton-Beland & Associates, General Plan consultant, advised that the draft Environmental Impact Report and technical appendices Volumes 1 and 2 had been available and distributed for public review from October 8 to November 22, 1999. He further indicated that the Findings of Fact revealed an unavoidable impact relating to air quality, which necessitated the Statement of Overriding Consideration. The Mitigation Monitoring and Reporting Program, also a requirement of CEQA, was included to ensure that the mitigation measures identified in the EIR were carried out over the City Council Minutes -2- 12/14/99 347 course of development of the General Plan. He reviewed the modifications to the draft General Plan as set forth in the draft Resolution of approval of the final program EIR and draft General Plan. Public Hearing: Notice having been given as required by law, Mayor pro tem Hart opened the public hearing, and the following persons responded: (1) Anne Fox, 28782 Via Buena Vista, spoke in opposition to development of a golf course on the proposed Whispering Hills property. She urged the Council to adopt the draft General Plan and environmental documentation as modified, without allowances for recreational uses on the Whispering Hills property. (2) Orrie Brown, 31481 La Matanza, advised that the General Plan Advisory Committee had felt there were two areas appropriate to allow zoning for a campground, a need not being met in the City. She stated concerns about public institutional zoning in general, noting the impact on her neighborhood due to the use of the Community Christian Church property by Saddleback Valley Christian School on EI Camino Real. She questioned whether the one unit per acre designation on the Whispering Hills property could be reduced and inquired about the one unit per five acre designation under which the property had been purchased. She further inquired why the General Plan Advisory Committee had not been aware of the golf course project at the end of Camino Las Ramblas. (3) Leo Petrini, 28257 Paseo Andante, stated that the Whispering Hills project was purchased with a density of one unit per 5 acres and the developer should be held to that. He further stated opposition to development of a golf course on the property. (4) Jeff Oderman, attorney with the law firm of Rutan & Tucker, LLP, 611 Anton Boulevard, 14th Floor, Costa Mesa, representing the Hanson family, spoke in support of their request to change the land use designation of the Sycamore Trails Stables property to allow a broader range of permitted uses, specifically, recreational vehicle storage. (5) Ed Richards, 31902 Paseo Sagrado, spoke in support of the November 30, 1999, decision of the Planning Commission to include the Scenic Corridor, which had been omitted from the update. He expressed concern about light pollution in the City and asked for stronger regulations to help keep the City dimly lit and to enhance the rural feel of the community. He expressed concerns that the updated General Plan language was not strong enough to protect the ridgelines and their contiguous saddles from any development. He supported the Planning Commission action regarding the Whispering Hills development property and stated that the designation should remain a combination of general open space 2.0 and very low density residential 1.1 as defined in the 1974 General Plan. (6) Eva Crabbs, 31491 Via Santa Maria, addressed the issues of ridgeline preservation and zoning of the Whispering Hills property. She felt the language City Council Minutes -3- 12/14/99 348 of the new General Plan weakened the intent of the Ridgeline Preservation Ordinance. Ms. Crabbs stated that 850 residents had signed a petition last year to be noticed for any change occurring on the Whispering Hills property and was upset that they were not noticed when a zoning change was possible at tonight's meeting. She Suggested that a school would be an appropriate use on the Whispering Hills parcel at its La Pata entrance and urged that the zoning of growth management be maintained for this property to allow time to confer with the school district. She stated hopes that the Whispering Hills property would become a possible mixed use of Public Institutional, recreational and residential uses and asked that Council not take action on this parcel until all the facts were available. Mr. Bridges indicated that the previous General Plan had identified the Whispering Hills property for Open Space and Very Low Density residential uses; both of those Plan designations allowed a maximum of one dwelling unit per acre. The level of development is the same as the Very Low Density residential category being proposed. He reviewed the proposed slope density formula. The Planning Director explained that the General Plan establishes a general land use and overall maximum intensity of use. He described the rezoning process which would be followed for the project is necessary. He emphasized that a rezoning of the property is separate from the General Plan and was not under consideration at this time. (7) Mark Nielsen, 31621 Via Quixote, expressed concern that the proposed General Plan "watered down" the protection of the ridgelines and the preservation of the character of the whole City. He provided suggestions for revised wording in the Introduction, Land Use Element, the Community Design Element and Open Space Element. He asked that a new zoning designation be made part of the General Plan, that being Extremely Low Density of 1 unit per 5 acres. He indicated that a petition was circulating asking for an amendment to the General Plan to add this new residential zoning designation to correspond with the current growth management designation. He indicated it was the intent that this new designation would be applied in the update of the General Plan to the remaining undeveloped properties with the growth management designation, and it was the intent that those areas currently designated Open Space 2.0 remain as natural open space in the updated General Plan. (8) Phillip Schwartze, 31682 EI Camino Real, felt there was a lot of misinformation about Whispering Hills. He indicated that the property owner agreed with the recommended Very Low Density designation. He advised that an Environmental Impact Report was being prepared and scale models were being developed for the project. He spoke in support of comments regarding recreational vehicle storage and suggested several sites he felt would be appropriate. He suggested that the City's zoning code should also be updated and special traffic studies should be done of the designated "hot spots." (9) John Erskine, of Nossaman, Guthner, Knox and Elliott, 18101 Von Karman, Suite 1800, Irvine, representing Concorde and Whispering Hills, advised that most of the residents along San Juan Creek Road were residing in areas that City Council Minutes -4- 12/14/99 349 — had been zoned Growth Management and rezoned to a residential zoning. He requested that the Whispering Hills project be judged by the same procedures, processes and property rights as the other developments in the area. (10) Melissa Abbott, 28352 Avenida La Mancha, indicated her belief that no more than 12 homes would be allowed on the property behind her home and spoke in opposition to increased density and traffic congestion. RECESS AND RECONVENE Council recessed at 8:25 p.m. and reconvened at 8:37 p.m. (11) Richard Hill Adams, 33532 Forster Ranch Road, stated that San Juan Capistrano was unique because of its ridgelines, open space, its historical past and the preservation of its heritage. He supported the continued maintenance of the City's differences from the rest of the County and expressed confidence that the Council would continue to emphasize preservation and protection. (12) Shidan Tufe, 26293 Via Madrigal, urged continued preservation of the open space areas and trails of the City. There being no further comments, Mayor pro tem Hart closed the public hearing with the right to re -open at any time. Staff Responses: The City Manager emphasized that everyone involved in the General Plan update was concerned with ridgeline protection and there was no intent to weaken that protection. He indicated that the 1974 General Plan allowed development grading on protected General Plan ridgelines in the City; that it was the 1990 ridgeline protection ordinance that specifically prohibited grading within 200 feet of significant ridgelines. Mr. Bridges stated that the necessary ridgeline protections had been applied in several places; i.e., the Land Use Element, the Conservation Open Space Element and the Implementation Plan of the General Plan. He felt there was now an equal or greater ridgeline protection in the updated General Plan. Mr. Bridges, the Planning Director and the City Manager addressed the public comments regarding: (1) the need for campgrounds, noting those facilities are consistent with the open space recreation designation and there is a potential for adaptive reuse of some properties; (2) the public institutional zone, noting the proposed changes would include a limitation on private schools; (3) the golf course on Las Ramblas, noting that the General Plan Advisory Committee would only have reviewed appropriate land uses, not specific projects; (4) the proposal for a recreational vehicle designation on the Hanson property, advising that due to the many unanswered questions, it was inappropriate to take an action at this time without studying all the options; (5) light pollution, suggesting that language be incorporated into the Community Design Element dealing with how that issue would be addressed; (6) school locations, noting that the Council's actions on the General Plan update would not preclude the School District from reviewing and designating school sites; (7) language in the Vision City Council Minutes -5- 12/14/99 330 Statement, noting the amount of time and effort that had been spent in developing the Statement and that a number of statements amplifying the Vision Station had also been included. Mr. Bridges stated that the public comments had been addressed and that three pieces of written correspondence that had been received after the public review period closed on the draft EIR that still needed to be addressed. He then responded to comments in the letters from (1) TRC Environmental Solutions representing Crystal Cathedral properties, noting that staff concurred with their suggestion; (2) the Building Industry Association, Orange County Chapter regarding their opposition to the proposed deletions of the extension of Camino Las Ramblas and San Juan Creek Road and (3) Brobeck, Phleger & Harrison, forwarding comments of Rancho Mission Viejo stating concerns regarding the deletion of Camino Las Ramblas and San Juan Creek Road, noting that the updated General Plan will retain the subject roadways until the City has gone through the Orange County Transportation Authority's Master Plan of Arterial Highways amendment process. Council Comments: Council Member Swerdlin addressed the fiscal affects of the Genera Plan, questioning how the 5% excess at full build -out compared with other general plans recently completed. Mr. Bridges responded that the City was in the range of acceptability and the long-term situation had been addressed. Council Member Jones stated that ridgelines were sacred to this Council and the equestrian lifestyle was part of the City's heritage. He stated the updated General Plan did a good job in addressing his issues. Council Member Greiner added that despite wording changes the protection of the ridgelines was important and ridgeline protection ordinance did an effective job of protecting ridgelines. Approval of General Plan Update: Itwas moved by Council Member Jones, seconded by Council Member Greiner that the following Resolution be adopted: RESOLUTION NO. 99-12-14-1. CERTIFYING FINAL PROGRAM PLAN UPDATE - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT 99-01 (SCH NO. 9999081117) AND APPROVAL OF THE DRAFT GENERAL PLAN AS MODIFIED BY THIS RESOLUTION The motion carried by the following vote: AYES: Council Members Jones, Greiner, Swerdlin and Mayor pro tem Hart NOES: None ABSENT: Mayor Campbell City Council Minutes -6- 12/14/99 351 ADJOURNMENT There being no further business before the Council, the meeting was adjourned at 9:26 p.m. to the next regular meeting date of Tuesday, December 21, 1999, at 5:30 p.m. in the City Council Chambers. Respectfully submitted, r CHERYL JOH�%OWICITY CLERK ATTEST: City Council Minutes -7- 12/14/99