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.
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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
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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
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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
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— 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
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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
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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:
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