04-0831_CC_Minutes_Adjourned Regular MeetingMINUTES
AUGUST 31, 2004
SAN JUAN CAPISTRANO CITY COUNCIL ADJOURNED REGULAR MEETING
Mayor Soto called the adjourned regular meeting of the City Council of the City of San
Juan Capistrano to order at 7:00 p.m. in the City Council Chamber. Council Member
Allevato led the Pledge of Allegiance and Council Member Swerdlin gave the
invocation.
ROLL CALL
COUNCIL MEMBERS PRESENT: Sam Allevato, Diane Bathgate, David M. Swerdlin,
Mayor pro tem Wyatt Hart, and Mayor Joe Soto.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: David Adams, City Manager; John Shaw, City Attorney; Meg
Monahan, City Clerk; Molly Bogh, Planning Director; Ray Holland, Interim Building and
Engineering Director; Amy Amirani, Public Works Director; Al King, Jr., Community
Services Director; William Cunningham, Consultant Planner; and Eileen White,
Recording Secretary.
ORAL COMMUNICATIONS - None
CONSENT CALENDAR
Council Action: Moved by Mayor pro tem Hart, seconded by Council Member
Swerdlin and carried unanimously, 5-0, to approve item 1 as recommended by staff.
MOTION TO READ ORDINANCES BY TITLE ONLY APPROVED.
PUBLIC HEARINGS
RESOLUTION NO. 04-08-31-01 ADOPTED CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE STATEMENT OF
OVERRIDING CONSIDERATIONS; RESOLUTION NO. 04-08-31-02 ADOPTED
UPHOLDING THE APPLICANT'S APPEAL, APPROVING ARCHITECTURAL
CONTROL (AC) 02-07, AND ADOPTING THE MITIGATION MONITORING
PROGRAM; AND INTRODUCTION OF AN ORDINANCE APPROVING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND PUEBLO SERRA
WORSHIP HOLDINGS, APPROVED. (600.30, 410.60)
Description: On May 19, 2003, the City Council adopted Ordinance No. 879
approving the J Serra Education Initiative, which established the zoning on the J
Serra High School site as Public & Institutional (P&I) and provided for the
development of school and accessory facilities. Applicant Pueblo Serra, Inc.
8-31-04
submitted plans and requested approval of Architectural Control (AC) 02-07 for
the south campus athletic and recreational facilities; approval of a Development
Agreement between the City and applicant; and certification of the Final
Environmental Impact Report. The site consists of 29.2 acres at the southeast
corner of Camino Capistrano and Junipero Serra Road and is surrounded by
institutional and educational uses. The location has been identified as a culturally
significant Native American village and burial site and cultural resources remain
on site. The AC proposes construction and operation of multi -use athletic and
arts facilities including a performing arts complex, gymnasium, aquatic center,
baseball and softball fields, sand volleyball, basketball and tennis courts,
football/track/soccer fields, and related parking. The applicant is appealing the
Planning Commission's action on August 10, 2004, to deny the AC by a 3-2 vote.
The Planning Commission generally supported the proposed uses for the site,
but denied the AC with a finding that the project as designed is not compatible
with the surrounding existing and proposed land uses. Staff believes that the
EIR and conditions of approval have adequately addressed the Planning
Commission's concerns and that the required findings for approval of the
Architectural Control can be made. Because the Development Agreement
provides for development of the campus in accordance with AC conditional
approval, the use is consistent with the land use and zoning established by
Ordinance 879, and the terms of agreement provide benefits to the City and the
community over and above those required to support the project, staff
recommends that the findings to support approval of the Development
Agreement can be made. Staff further recommends the City Council certify that
the EIR was prepared correctly pursuant to CEQA in that it adequately analyzed
impacts of the project, including cumulative impacts and alternatives; that it
identified feasible mitigation measures; and that any unmitigatable impacts are
outweighed by the benefits of the project. Staff recommended Council receive
public testimony; adopt the Resolution to certify the Final EIR and adopt a
Statement of Overriding Considerations; adopt the Resolution to uphold the
applicant's appeal, approve AC 02-07, and adopt the Mitigation Monitoring
Program; and approve first reading and introduction of the Ordinance approving
the Development Agreement between the City and Pueblo Serra Worship
Holdings.
Written Communications: Report dated August 31, 2004, by Molly Bogh,
Planning Director.
Presentation: William Cunningham, Consulting Project Manager, reviewed the
staff recommendation.
Public Testimony:
John Bridges, with Cotton Bridges Associates, project environmental consultant,
advised that he continues to respond to comments regarding the EIR as they are
received. He recommended a modification to Mitigation Monitoring and Reporting
2 8-31-04
Program by requiring an 8 -foot high masonry wall, or other approved material for
sound attenuation, instead of the proposed 6 -foot high masonry wall, along the
property line between the project site and the Casitas Capistrano Townhomes.
Philip Schwartze, applicant representative, thanked staff, Council, and the other
boards and commissions for their assistance with this project.
Andrew Cupples, Jacobs architectural firm, project architect, narrated a slide
show presentation displaying an overview of the project and information about
the school. He reviewed the proposed facilities and improvements and discussed
the planning and design of the bridge that provides passage between the two
campuses. He reviewed changes made to the plans in response to issues raised
by residents and staff; described the proposed historical exhibit honoring Native
Americans; discussed the applicant's responses to the issues raised during the
boards and commissions approval process; and listed the public benefits the City
will receive if the project is approved as presented.
Susi Morris, City resident, urged Council to deny this project because the land
uses are not compatible with the nearby residential community and the impacts
of the project outweigh the public benefits.
Rebecca Robles, San Clemente resident and Native American, opposed the
project due to the site's cultural significance to Native American people.
William Floyd, City resident, opposed the project due to the sacredness of the
site and that the proposed development was intrusive.
Dennis Sonamers, City resident and Native American, opposed the project
because sacred cemeteries should be undisturbed and preserved for the families
of the deceased.
Maria Lepowsley, University of Wisconsin Professor of Anthropology, Los
Angeles, CA, opposed the project due to the site's archeological value and felt
the proposed treatment of the Native American burial site violated the Equal
Protection Clause of the California State Constitution.
Margaret Chard, City resident, opposed the project as it is not well suited for the
site and may negatively impact the City.
Tom Morris, City resident, felt the project's negative impacts to City residents
outweighed its benefits; that residents have indicated in workshops that they are
not in favor of the project; and that the approval process had been compromised.
Trevor T. Dale, City resident, opposed the project because it is too intensive for
the site and driven by its ambitious founders, not student need or community
benefit.
8-31-04
Juin Foresman, City resident, felt the sports and entertainment complex
proposed was too intensive for the site and caused too many negative impacts
for those living nearby.
Barbara L. Banda, City resident and Juaneno Indian, opposed the project due to
the sacredness of the site.
Chris Lobo, Oceanside resident and Juaneno Indian, opposed the project due to
the historical significance of the site.
Jeff Jongs, City resident, opposed the project due to its negative traffic and
lifestyle impacts, as well as the destruction of a Native American holy site.
Bob Lacoss, City resident, felt the original zoning change should not have been
approved without an EIR and that residents were misled as to the eventual uses
for the site.
Doug Korthof, Spirit of Capistrano, Seal Beach, CA, opposed the project due to
the cultural and historic importance of the site and opined that the project should
be put to a public vote.
Father Tom Schwetzer, Native American Catholic Community, Vernon, CA,
opposed the project due to the sacredness of the site, which should be preserved
to respect the dead ancestors of Native Americans.
Wendy Broffman, City resident, felt that she was purposefully misled with scaled
down plans when she signed the original Initiative to rezone the property. She
opposed the project due to negative view, noise, and traffic impacts to the
surrounding residential community.
Tony Forster, City resident, supported the project as proposed.
Linda Hall, City resident, felt the project as proposed is too large and intense for
San Juan Capistrano; and the burial site should be preserved in its natural state.
Ron Lobo, City resident, Juaneno Indian, and J Serra parent, supported the
project as presented.
Michelle Flores, City resident, opposed the project due to view, lifestyle, and City
character impacts, as well as the destruction of the historic burial site.
Sylvia Mendivil Salazar, Native American Catholic Community Coordinator, La
Puente, CA, was against the project because the site is sacred and should be
respected and honored for its historic value.
4 8-31-04
Virginia Nonaca Chavez, City resident and member of Sierra Club/Friends of
Putiidhem, felt that it was important to allow the community to vote on the project.
James L. Crandall, City resident, supported the project because it will enhance
and turn a vacant field to a beautiful space, as well as unite the community, offer
open space for all to enjoy, and provide a monument to its cultural heritage.
Gail Prothero, City resident, urged Council to agree with the Planning
Commission and deny the project because of its negative view and lighting
impacts; and concern that the joint use agreement may be revoked in the future.
Dusty Otero, City resident and American Indian, supported the project as
proposed
Abail Silvas, San Diego resident and Juaneno Indian, supported the project as
long as the Native American remains are protected.
Erin Kutnick, City resident, was opposed to the project because it does not
respect the values of the City's residents and is contrary to the original plans
distributed when the Initiative proposing the zoning change was circulated.
Linda Cooley, City resident, supported the project because it will provide quality
education and financial aid to residents who qualify.
John Perry, City resident, supported the project and stated that the performing
arts center and pedestrian bridge are necessary components of the project for
education and safety reasons.
Marc Pizzolo, City resident and parent of a teacher at the school, urged the
Council to approve the project as it provides Catholic education conveniently
located for City residents.
Jeanne Lepowsky, Laguna Woods resident, felt the school should relocate its
sports fields to another site so the burial grounds can be preserved for their
historic value.
Bobbie Decker, City resident, supported the project due to the school's
commitment to quality education and promise to teach Native American history in
the classroom.
Jim Bucklin, City resident, opposed the project due to negative impacts to nearby
residents.
5 8-31-04
Michael Rubio, City resident, relayed his children's positive experiences as J
Serra students and asked Council to approve the project because it is a gift to
the community.
Fran Yorba, Santa Ana resident and Juaneno/Acjachemen Indian, stated that J
Serra representatives have not met with the Tribal Council she is affiliated with to
discuss the curriculum and native plants proposed; that the Tribal Council has
indicated they are not interested in placing a casino on the site; and that J Serra
has a contract with David Belardes, not the entire Tribal Council.
Margie Meyers, City resident, felt the project as proposed has been adequately
mitigated and is suitable for the site.
Don Busche, City resident, supported the project as proposed.
Jessica O. Pinon-Garcia, City resident and J Serra parent, supported the school
as it provides scholarships to residents in need and will benefit the community at
large by providing sports fields.
Randy Collins, San Clemente resident and J Serra parent, spoke in favor of the
school as it improves the lives of children, honors the man who built the
Missions, provides aid for students in need, and offers Native American history
lessons.
Carlos Garcia, City resident and J Serra parent, stated that his children are able
to attend the school due to financial aid; that the school benefits the community
by providing sports fields; and urged the Council to approve the project.
Maulena Krise, City resident, stated that the sports fields are the best use
proposed for this property to date; that J Serra has been very responsive and
cleaned up the site in response to complaints; and submitted a petition in support
of the school with 94 Calle Casitas residents' signatures.
Monsignor Paul Martin, City resident and Chaplain Emeritrio J Serra, stated that
the proposed curriculum of Native American studies will enhance the tribe and
make them a well known and appreciated people. The applicants have revised
the project in response to issues raised during the approval process, and
mitigated the project impacts to accommodate the residents living nearby. He
urged Council to approve the project as presented.
Joyce Perry, Irvine resident, Juaneno Tribe Manager under the authority of David
Belardes, stated that this was the lowest density use ever submitted for the site
and an opportunity to create a memorial to an indigenous leader. She asked
Council to approve the proposed use.
8-31-04
David Belardes, City Resident and chief and chair of the Juaneno Indians,
advised that many of the artifacts excavated from this site are on display at the
cultural center and museum next to Town Center Park. If this project is approved,
the burial site will be left in place, and the City will have many sports fields for its
residents to use.
Philip Schwartze, applicant representative, in response to comments made
during Public Testimony, stated that the project will not cause interruption of the
ridgeline view; the maximum height of the buildings is 35 -feet; the 90 conditions
of approval attached to the project indicate compliance with City rules and
regulations; and the applicant has addressed all the issues raised during the
approval process.
Council Comment:
Council Member Bathgate opposed the project as presented because in general,
private schools impact the City, but primarily serve outside residents; many
impacts identified in the EIR cannot be mitigated; and the Joint Use Agreement
has not been detailed. She felt that some of the design elements proposed were
not compatible with the site and the project in general is not compatible with the
north area.
Council Members Allevato, Swerdlin, Hart, and Mayor Soto agreed that the
project as proposed complies with the land uses and zoning regulations
established in Ordinance 879, and supported approval of AC 02-07, with the
finding that the project is compatible with the surrounding uses and its intensity
complements the Northwest Open Space; that the Final EIR was prepared
correctly pursuant to CEOA and is adequately mitigated to address the
mitigatable impacts identified; that the benefits proposed, including 70% open
space, joint use agreement for the sports fields, head tax, and traffic mitigation
measures, outweigh the impacts that cannot be mitigated; and the terms of the
Development Agreement provide benefits to the City and community above and
beyond those required to support the project. In addition, they found the project
preferable to other uses proposed for this property over the years; that it protects,
preserves, and respects the architectural remains buried on the site; and is in the
best interests of the neighborhood and City as a whole.
Meg Monahan, City Clerk, read the title of the Ordinance, entitled "AN
ORDINANCE APPROVING AND ADOPTING A DEVELOPMENT AGREEMENT
FOR THE J SERRA HIGH SCHOOL PROJECT"
Council Action: Moved by Council Member Swerdlin, seconded by Mayor
pro tem Hart and carried 4-1, with Council Member Bathgate against, to adopt
Resolution No. 04-08-31-01, entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO CERTIFYING THE
ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE STATEMENT OF
7 8-31-04
OVERRIDING CONSIDERATIONS FOR J SERRA HIGH SCHOOL SOUTH
CAMPUS, A PROPOSED ATHLETIC AND RECREATIONAL FACILITY ON
APPROXIMATELY 29 ACRES OF LAND LOCATED AT THE SOUTHEAST
CORNER OF CAMINO CAPISTRANO AND JUNIPERO SERRA ROAD (APN
649-011-30, 649-011-25);" Resolution No. 04-08-31-02, entitled "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO UPHOLDING THE APPEAL AND REVERSING THE PLANNING
COMMISSION ACTION AND CONDITIONALLY APPROVING
ARCHITECTURAL CONTROL (AC) 02-07 FOR EXPANSION OF AN EXISTING
PRIVATE HIGH SCHOOL BY DEVELOPING RECREATIONAL AND ATHLETIC
FACILITIES ON APPROXIMATELY 29.2 ACRES OF LAND LOCATED AT THE
SOUTHEAST CORNER OF CAMINO CAPISTRANO AND JUNIPERO SERRA
ROAD (J. SERRA HIGH SCHOOL SOUTH CAMPUS — APN 649-011-30, 649-
011-25)," including a modification to Mitigation Monitoring and Reporting
Program (Section 5.9 -Noise, N-2) by requiring an 8 -foot high masonry wall, or
other approved material for sound attenuation, instead of a 6 -foot high masonry
wall, along the property line between the project site and the Casitas Capistrano
Townhomes; and approve first reading and introduction of the Ordinance
approving the Development Agreement between the City and Pueblo Serra
Worship Holdings.
ROLL CALL
AYES: COUNCIL MEMBERS: Hart, Swerdlin, Allevato, Mayor Soto
NOES: COUNCIL MEMBERS: Bathgate
ABSTAIN: COUNCIL MEMBERS: None
ADJOURNMENT
There being no further business, Mayor Soto adjourned the meeting at 11:28 p.m. to
Tuesday, September 7, 2004, at 5:30 p.m. for Closed Session, and 7:00 p.m., for the
Public Business Session, in the City Council Chamber.
R. MONAHAN, CITY CLE
E: SIM1lf