98-0120_CC_Minutes_Regular Meeting027
' JANUARY 20, 1998
REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
CLOSED SESSION (610.85)
The Closed Session scheduled to receive a status report regarding the possible sale of City -owned
land known as the southerly YMR Parcel was cancelled.
MEETING UNTI00 •
The Regular Meeting of the City Council of the City of San Juan Capistrano, California was called
to order by Mayor Jones at 7:00 p.m. in the City Council Chamber, followed by the Pledge of
Allegiance to the Flag. Invocation was given by Pastor Nathan Coffey, The Life Church.
ROLL CALL: PRESENT: Gil Jones, Mayor
John Greiner, Mayor pro tem
Collene Campbell, Council Member
' David M. Swerdlin, Council Member
Wyatt Hart, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Jennifer Murray, Assistant City Manager;
John Shaw, Interim City Attorney; Cheryl Johnson, City Clerk; Cynthia L. Pendleton, Administrative
Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and
Building Director; Al King, Community Services Director; Lt. Paul Sullivan, Chief of Police Services;
Gillian E. Rampley, Recording Secretary.
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Written Communications:
Report dated January 20, 1998, from the Council Services Administrator.
Presentation of Certificate:
Mayor Jones presented a Certificate of Appreciation to Larry Lawrence, who had designed
and created the website for the City of San Juan Capistrano,
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PRESENTATION OF ASAP 3000 -HOUR PIN - JIM PARKER (610.40)
Written Communications:
Report dated January 20, 1998, from the Council Services Administrator.
Presentation of Pin:
Council Member Campbell, Council liaison to the Associated Senior Action Program,
presented a 3000 -hour service pin to Mr. Parker. Mrs. Campbell noted that Mr. Parker was
a charter member of the organization, serving since 1993, and had been named the first
"Volunteer of the Year" for ASAP. She emphasized the benefit the community receives from
the ASAP volunteers. Council expressed appreciation for the efforts of all those who serve
in the ASAP program.
INTRODUCTION OF COMMISSIONERS PRESENT AT MEETING 010 10)
Council Member Greiner introduced the following persons in attendance: Tom Facon,
Chamber of Commerce; Dr. Roy Bymes, Former Mayor; Al Simmons, Seniors Liaison to the
City; Bill Hardy, Cultural Heritage Commission; Bill Sonka, Planning Commission; Janice
Palermo and Marie Buckner, Housing Advisory Committee; Bonnie Holt, Transportation
Commission; and, Bob Cardoza, Parks, Recreation and Equestrian Commission.
ACKNOWLEDGMENT OF DONATIONS (150 101
Mayor Jones acknowledged the following donations:
Cash donations to the Letters to Santa Program from: Brent Button, Coastal Blue
Corporation, Ave Aeropuerto; Jacque of Jacques' Bakery, Paseo Espada; Dale McAtee,
Weseloh Honda; Rice Brown, Rice Brown Financial, Calle Arroyo; Tom Merrell, Civic
Solutions, Rancho Viejo Road; Kay & Wyn Holmes, Riverside, CA; 10 angel pins donated
by Sandy Moore, Tara's Angels; holiday stationery donated by Gretchen Reiner, Idea Art,
Nashville, TN; 100 coupons for free french fries donated by Mr. Che of Carl's Jr.; 2 gift
certificates donated by Richard Van Doren, See's Candy; dry cleaning services for 3 Santa
suits donated by Town & Country Cleaners, Rancho Viejo Road.
Cash donation to the Youth and Teen Afterschool Recreation Program from Teresa Taylor,
T. Taylor Photography, Camino Capistrano.
ORAL COMMUNICATIONS
(CITY COUNCIU/COMMUNITY REDEVELOPMENT
AGENCY BOARD OF DIRECTORSI
516131 11L1. . . • • ;. 1mff1 1
Joe Sinagore, 33028 Christina Drive, Dana Point, noted the cost of a non-resident commuter
rail parking permit and questioned whether the cost was negotiable. The City Manager
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' explained that the City subsidized parking at the depot and the fee schedule established by the
City Council in fact covers less than one-third of the actual costs. He stated that he would
contact Mr. Sinagore to provide locations of free parking spaces and/or other alternatives.
2. CREEKSIDE EQUESTRIAN CENTER/NW OPEN SPACE LEASE (930.40/530.40
The following persons addressed the City Council regarding the announced closing of
Creekside Equestrian Center and requested assistance from the City in relocation of the
displaced horses:
1. Sandy Bike, 30522 Hunt Club Drive, expressed her concern for the displaced horses
and noted that the City's Northwest Open Space identified an area for equestrian use.
She indicated her desire to obtain a portion of that property to build a facility and
requested that this item be placed on the Council agenda at the earliest opportunity.
Council Member Hart indicated that Council and staff were working to accommodate
and assist local equestrians and felt confident of their ability to do so by June. He
indicated that the City needed time to work out a solution.
2. Kim Gould, P. O. Box 6202, Laguna Niguel, owner of a horse stabled at Creekside,
felt the City had a unique opportunity to establish a private/public partnership, or joint
venture, to provide equestrian facilities. She advised that 250 horses were stabled at
' Creekside, another 100 at Live Oaks Stables in Trabuco Canyon, which will also be
closing. She indicated that there was a group of horse owners at Creekside who were
well -versed in the issues and who would like to work with the City.
3. Danielle Petty and sister, 27706 Sinsonte, Mission Viejo, youth riders at Creekside,
told the City Council that they were new riders who very much wished to continue
with the activity and asked for City help.
4. Margaret Reardon, 31282 Paseo Olivos, advised that she was not a horse owner but
expressed support for the City assisting in whatever way possible.
5. Kate Roth, 30712 Hunt Club Drive, noted that she was a 25 -year resident of the City
and a horse owner, and asked what process was required to use public land for
equestrian/recreational use.
6. Susan Lawrence, Capistrano Beach, owner of 4 horses at Creekside, stressed to the
Council that if action was not taken quickly, the horses now at Creekside would be
dispersed to facilities in other counties and across California. She emphasized that
revenues received by the City because of the stable operation would be lost.
Report of City Manager:
' Mr. Scarborough reported that through passage of the April 10, 1990 Measure D Bond
Election, the City acquired open space areas, primarily the Sports Park area and the
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Northwest Open Space parcel. The master plan established for the Northwest Open Space
included a 6 -acre parcel designated for stable use and an additional 4 -acre parcel set aside for
the possible relocation of the Fran Joswick facility, for a total of 10 acres. He indicated there
was now an opportunity for the City to begin the Request for Proposal process for utilization
of those parcels. All interested parties could make a proposal for the long-term use of the
property through this competitive RFP process. This process would ensure that the
community received the highest possible use for the property. Mr. Scarborough noted that,
with taxpayer funds used for the purchase of the open space, it was vital that taxpayers'
fiduciary interests be protected.
Direction to Prepare Request for Proposal:
With the consensus of Council, Mayor Jones directed staff to proceed with the Request for
Proposal process.
Council Member Hart noted that the RFP should include suggestions for interim use in order
to keep horses from leaving the community. The City Manager indicated that the RFP would
include how to ensure interim uses so that the market now existing would be available when
the facility was completed.
CONSENT CALENDAR
It was moved by Council Member Greiner, and seconded by Council Member Hart, that the staff
recommendations be accepted for the following items listed on the Consent Calendar. The motion
carried by the following vote:
AYES: Council Members Campbell, Greiner, Hart, Swerdlin and Mayor Jones
NOES: None
ABSENT: None
MOTION TO READ ORDINANCES BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF CITY COUNCIL MINUTES - REGULAR MEETING OF
DECEMBER 16. 1997
The Minutes of the Regular Meeting of December 2, 1997 were approved as submitted.
STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440 10)
The status report on New Development Applications was ordered received and filed.
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' 4. RECEIVE AND FILE WARRANTS OF DECEMBER 31. 11911101 ' 11
The List of Demands for Accounts Payable dated December 31, 1997 in the total amount of
$429,865.56 was ordered received and filed.
5. REPORT OF INVESTMENTS - MONTH ENDING NOVEMBER 30. 1997 AND
QUARTER ENDING DECEMBER 31. 1997 (350.30)
The Report of Investments for the month ending November 30, 1997 and the quarter ending
December 31. 1997 was ordered received and filed.
6. AMENDMENT TO APPENDIX A OF THE LOCAL CONFLICT OF INTEREST
CODE - PERSONNEL ADMINISTRATOR (640.40)
As set forth in the Report dated January 20, 1998 from the City Clerk, the amendment to
Appendix A of the Local Conflict of Interest Code to include the newly -created position of
Personnel Administrator was approved.
7. RATIFICATION OF EMERGENCY WORK - DESCANO BRIDGE (840.10)
As set forth in the Report dated January 20, 1998 from the Public Works Director, the
' authorization given by staff for AKM Consulting Engineers, Greek Concrete, Dave Goodwin
& Company and Crane Rental Service, Inc. to perform the emergency work at the Descanso
Pedestrian Bridge, which was near collapse during the December 6, 1997 storm, was ratified.
8. CONSIDERATION OF PROPOSED ADMINISTRATIVE POLICY - CITY
FACILITIES RENTAL USE REGULATIONS (,100.20)
As set forth in the Report dated January 20, 1998 from the Director of Community Services,
staff's proposed policy establishing regulations for use of City facilities, with the exception
of the Community Center, was approved. A letter of support for the regulations was received
from Phillip R. Schwartze, Commander, American Legion Post 0721.
PUBLIC HEARINGS
Indicating a conflict of interest relating to the proximity of his residence, Council Member Hart left
the Council Chamber.
' Pro 0
Consideration of an appeal of the December 9, 1997, Planning Commission denial of an
application to modify Conditional Use Permit 81-2 to install three aluminum storefront -type
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Indicating a conflict of interest relating to the proximity of his residence, Council Member Hart left
the Council Chamber.
' Pro 0
Consideration of an appeal of the December 9, 1997, Planning Commission denial of an
application to modify Conditional Use Permit 81-2 to install three aluminum storefront -type
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doors and to remove an interior partition, which would expand the sales floor area of the
produce stand located at 28341 Ortega Highway. The produce stand is located in the RA
(Small Farm) zone with a General Plan designation of 1. 1, Very Low Density Residential.
It is permitted as an existing, non -conforming use.
Aoolicant/A pellant:
J. Scott Souders, 111 Pacifica, Ste 110, Irvine, California, 92618 and Tom Lewis, 510 East
Balboa, Balboa, California 92661.
Property Owner:
Cotswold Trust, I I I Pacifica, Suite 100, Irvine, California 92618
Written Communications:
(1) Report dated January 20, 1998 from the Planning Director recommending that the
City Council confirm the action of the Planning Commission in denying the requested
modifications. The Report advised that in June 1997, the applicant had installed
brushed aluminum storefront doors on the front of the produce stand in response to
notification from the Orange County Healthcare Agency (OCHA) that the existing
proportion of displayed goods had been significantly altered. Upon City investigation
of the facility, it was determined that approximately 50% of the product line being
offered was packaged goods, which changed the establishment from a fruit stand to
a package grocery, per the Health Department definitions. The applicant failed to
secure either a building permit or Planning Commission approval of a Modified
Conditional Use Permit.
(2) Letters in support of denial of requested modifications from:
Richard and Bonnie Holt, 1 Strawberry Lane, dated January 12, 1998
Roy L. Byrnes, P. O. Box 1029, dated January 12, 1998
Milton L. Long, 28333 Ortega Highway, received January 11, 1998
Arthur J. Cusolito, President, Hunt Club Community Board of Directors
(3) Letter received January 14, 1998 in support of denial of requested modifications from
the following homeowners residing in the proximity of Giddings Ranch: Art & Lucille
Cusolito, 30917 Steeplechase; Robert & Dottie Bloom, 30572 Steeplechase; Ernest
Brown, 30632 Shade Tree; Alice Del Canto, 5 Palm Hill; Chuck Salisbury, 30522
hilltop Way; Dirk & Debra Wray, 30551 Hilltop Way; Frank & Carol Fasil, 1 Palm
Hill; John & Pam Nuccio, 4 Strawberry Lane; Doug & Patti Fascinelli, 2 Palm Hill;
Ed & Debbie Hope, 30562 Hunt Club Dr.
(4) Copy of County of Orange Health Care Agency letter to John Giddings, dated
May 21, 1997, presented by Roy Byrnes during his testimony.
Mr. Tomlinson made an oral presentation in which he summarized events leading to the public
hearing before the Planning Commission and the subsequent denial of the requested
modifications. A site plan was displayed. He reviewed the history of the produce stand,
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' noting that in 1981 the Municipal Code had been amended to allow small-scale produce
stands which were legally established prior to September 17, 1975, to expand or intensify
their existing operation only upon approval of the Conditional Use Permit. He advised that
the Giddings' family application had been denied and subsequently appealed. During that
appeal hearing, 13 conditions had been imposed to address strong concerns regarding the
potential for physical expansion of the facility and the broadening of the use from a country
fruit stand to a grocery store. He discussed conditions in the Conditional Use Permit
associated with the present appeal. He indicated that it was the proportion of the use, not the
type of product, that was inconsistent with the approved CUP; and, that it was the applicant's
expansion of product display that had resulted in action by the Health Department. Mr.
Tomlinson further stated it was important that all permitting agencies recognize this operation
as strictly a produce stand with no deviations in definition. Staff recommended confirmation
of the Planning Commission denial of the proposed expansion and budding modifications; and,
direction that the aluminum storefront enclosure be removed and the building be returned to
its originally -approved condition to assure that the use will remain a produce stand, both in
appearance and Health Agency permit.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing. The
following persons responded:
' 1. Thomas Lewis, the appellant, 5448 E. Crest de Ville, Orange, told the City Council
that the property had been purchased 18 months ago. He indicated that expansion
plans had been curtailed and that over 4 pages of code violations had been corrected.
He stated that the CUP regulated sales, not display space; the Health Department
regulated display space. He stated this was a Health Department issue versus a sales
issue. He stated that 90% of the sales was produce and everything else was incidental
to that. He felt that the modification was strictly a structural issue necessary to obtain
compliance with the Health Department's requests. He assured that there was no
intention of expanding sales, changing the mix of products or putting anything else in
the stand that was not regulated by the CUP. He emphasized this was a Health
Department issue relating to display of merchandise.
2. Scott Souders, co-owner, noted that pursuant to the definition of a produce stand as
found in the Report, the stand had never been a produce stand since it was allowed
to sell items other than produce and eggs. He acknowledged that the produce stand
was regulated by the CUP and that the product line could not expand. However, he
felt that the owners could not be denied selling of all the products they were entitled
to sell; that there were vested rights in selling certain items. He stated that the CUP
allowed the selling of incidental items; it did not specify that non -produce items had
to be limited to 10% of sales. He stated that Mr. Giddings had requested that
firewood be included in the CUP because firewood had always been sold. He cited
case law - City and County of San Francisco vs Pacello, wherein zoning violations
' that had been allowed to exist for a number of year were suddenly enforced. Mr.
Souders indicated the owners wanted only two items; brushed aluminum doors and
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windows in the front and removal of an inside wall. He felt the staff
recommendations were severe and were not fair and valid under the CUP.
Council Member Swerdlin asked the City Attorney if that was an applicable case. Mr.
Shaw indicated that it was not applicable in this situation.
3. Milton Long, 28333 Ortega Highway, noted that he lived adjacent to the fruit stand
and, although not opposed to the fruit stand, was very much opposed to the
modifications. He went on to say that approving the modifications after the
installation would be a reward for violating the Conditional Use Permit.
4. Todd Clement, 31627 Via Cruzada, advised he had a lease -option on the property,
which would result in his ownership within a few months. He emphasized that he and
his wife hoped to keep it in the character of a ranch -type property with a produce
stand where he could also store and work on items related to his automobile racing
career. In response to the City Attorney he agreed that the aluminum finish was not
necessarily appropriate for the building, however, he strongly advocated the need for
doors to protect the produce from the dust created by heavy traffic on Ortega
Highway and to provide more safety for employees, particularly at the end of the
business day.
Todd Miller, 10 Strawberry Lane, had requested to speak but deferred to Mr. Parker.
Larry H. Parker, 5 Strawberry Lane, supported the denial, stating that the owners
were real-estate professionals who intended to turn the produce stand into a "quick -
stop market," and were already selling many kinds of things not permitted under the
CUP. He strongly advocated revocation of the CUP altogether, citing the major
traffic problems caused by large trucks parking at the stand.
6. Ernie Brown, 30632 Shade Tree Lane, informed the Council that he had attended past
hearings on the produce stand and felt strongly that the current owners should not be
rewarded for violating the CUP.
7. Roy Byrnes, 30500 Hilltop, presented correspondence from the Orange County
Health Department from April and May, 1997, which showed that the owners should
have been aware that permits were needed. Mr. Byrnes reiterated that it was not a
market --it was residential property permitted to have a produce stand.
Todd Clement, adding to his previous comments, advised that he had paid $30,000
in down payment and did not want to change anything because the produce stand in
its rural form was part of the allure of San Juan Capistrano.
There being no further input, the hearing was closed with the right to re -open at any time.
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Council Comments:
Council Member Swerdlin stated that the ambience of the stand added to the City and, after
listening to all sides, declared that he supported the staff recommendation. He would like the
new owner to go through the process to make any changes. Council Member Greiner noted
that he did not support ratifying after the fact, changes that were made without prior permits.
Council Member Campbell concurred, stating she felt Mr. Clement had integrity and hoped
that he would follow the correct process to make any changes. Mayor Jones felt that the
security factor raised by Mr. Clement was important but that the property owner must
observe the rules.
The City Attorney advised the City Council that the issue regarding the firewood needed
further evaluation. He recommended that references to firewood be removed from the draft
resolution and that if the Council wished, the firewood issue could be placed on a later
agenda.
Denial of Appeal and Confirmation of Planning Commission Action:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that the
following resolution, denying the appeal and establishing a one-month period for correction
of violations, be adopted as amended to remove references to firewood:
RESOLUTION NO. 98-1-20-1. DENYING CONDITIONAL USE PERMIT
81-2 MODIFICATIONS - GIDDINGS RANCH (LEWIS/SOUDERS DBA
' COTSWOLD TRUST) - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DENYING A
CONDITIONAL USE PERMIT MODIFICATION FOR PROPOSED
ADDITIONS TO A SMALL-SCALE PRODUCE STAND AT 28341
ORTEGA HIGHWAY (GIDDINGS RANCH/CONDITIONAL USE
PERMIT 81-2) (LEWIS/SOUDERS DBA COTSWOLD TRUST)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Campbell and Mayor Jones
NOES: None
ABSENT: Council Member Hart
Council Member Hart returned to the Chamber and resumed his duties.
RECESS AND RECONVENE
Council recessed at 8:25 p.m. and reconvened at 8:30 p.m.
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RECOGNITION OF TROOP 724
Mayor Jones recognized members of Troop 724 and thanked them for attending the meeting.
2. CONSIDERATION OF AN INTERIM URGENCY ORDINANCE
ESTABLISHING A MORATORIUM ON PROCESSING DEVELOPMENT
APPLICATIONS FOR RESTAURANTS WITH DRIVE-THROUGH FACILITIES
(CITY OF SAN JUAN CAPISTRANOI(420 30)
Proposal:
Consideration of an Interim Urgency Ordinance establishing a moratorium on processing
development applications for restaurants with drive-through facilities.
Applicant:
City of San Juan Capistrano
Written Communications:
(1) Report dated January 20,1998 from the Planning Director advising that on
December 2, 1997, the City Council directed staff to initiate the moratorium process
on restaurants with drive-through facilities in order to allow a planning study to be
conducted to determine if the community can support any additional restaurants of
this nature. In order to consider the placing of a moratorium, the Council must find
that an immediate threat to public health, safety and general welfare will be created
if the moratorium is not imposed during the period that a planning study is prepared.
(2) Letter dated January 6, 1998 from F. L. MacCreary, P. O. Box 564, San Juan
Capistrano, in support of the proposed moratorium.
Mr. Tomlinson made an oral presentation noting that a moratorium would provide a "window
of time" for the planning study. He advised that under the City's zoning regulations drive-
through restaurants had been allowed as a principal permitted use since at least 1969. He
advised that in reviewing the 3 most recent applications, the City considered design and
environmental issues prior to taking action. A traffic study had been commissioned, which
reviewed the 3 projects independently and cumulatively. The traffic study found that traffic
from the 3 restaurants could be accommodated. The Transportation Commission had
recommended approval to the Planning Commission. The Design Review Committee
reviewed the applications for consistency with adopted architectural design guidelines and
recommended approval to the Planning Commission. The Planning Commission approved
the applications with a number of conditions. Mr. Tomlinson noted that in accordance with
City regulations, the City Council had not reviewed the applications. The applications would
only have been reviewed by the City Council if an appeal had been filed. Mr. Tomlinson
recommended, based upon the findings, that the City Council adopt the Interim Urgency
Ordinance establishing a moratorium on the processing of applications for restaurants with
drive-through facilities per California Government Code Section 65858(b) to allow a planning
study to evaluate the cumulative impacts of drive-through restaurants on the community.
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Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and the
following person responded:
(1) Sean Brennan, 27962 Camino del Rio, spoke of his concern that prior businesses in
the locations of the restaurants under construction were not high -traffic generators.
The new restaurants would create a real traffic issue and he urged support of the
proposed moratorium.
There being no further response, the hearing was closed.
Council Comments:
Council Member Campbell stated that she had been opposed to the restaurants now under
construction and did not agree with the traffic engineering studies of that time. Council
Member Swerdlin said that he liked the fact that the "fast-food" restaurants were clustered
together, rather than being scattered throughout the City. He noted that 3 different traffic
studies had been done, each finding that traffic problems would not result. However, he also
noted that it had been emphasized to the builders that the City controlled the streets and could
and would shut down the left tum lanes if there was a need to do so. Mr. Swerdlin concurred
with the proposed moratorium.
Adoption of Ureencv Ordinance:
' The City Clerk read the title of the Ordinance next in order. Further reading of all Ordinances
had been waived earlier in the meeting. It was moved by Council Member Greiner, seconded
by Council Member Hart, that the following Urgency Ordinance setting forth findings and
establishing a 45 -day moratorium, be adopted:
URGENCY ORDINANCE 806. ESTABLISHING MORATORIUM ON
DRIVE-THROUGH RESTAURANTS - AN URGENCY ORDINANCE OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ESTABLISHING A MORATORIUM ON THE PROCESSING OF
DEVELOPMENT APPLICATIONS FOR RESTAURANTS WITH DRIVE-
THROUGH FACILITIES, ADOPTED IN CONFORMANCE WITH
CALIFORNIA GOVERNMENT CODE, SECTION 65858(b) TO ALLOW
A PLANNING STUDY TO EVALUATE THE CUMULATIVE IMPACTS
OF DRIVE-THROUGH RESTAURANTS ON THE COMMUNITY BASED
UPON THE FINDINGS THAT SUCH MORATORIUM IS NECESSARY
TO PROTECT THE PUBLIC FROM A POSSIBLE IMMEDIATE THREAT
TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE
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The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
RECESS AND RECONVENE
Council recessed at 8:47 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and reconvened at 8:48 p.m.
ADMINISTRATIVE ITEMS
PLANNING DIRECTOR
CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION -
SAFETY NETS AT SAN JUAN HILLS GOLF COURSE (CARSON) A60. %)
Proposal:
Consideration of an appeal of the November 25, 1997, Planning Commission's denial of an
application by the operator of the San Juan Hills Golf Course to install a 30 -foot -tall, 163 -
foot -long temporary safety net adjacent to Lots 81-86 of Tract 13865. The Planning
Commission found that the proposed nets would not provide sufficient additional protection
from errant golf balls to off -set the negative visual impacts.
Appellant:
Cheryl Carson, 27892 Camino del Rio, San Juan Capistrano.
Property Owner:
San Juan Golf, Inc., Attention Rick Parillo, 32120 San Juan Creek Road, San Juan Capistrano
Written Communications:
(1) Report dated January 20, 1998 from the Planning Director recommending Council
approve the appellant's request and approve the temporary installation of safety nets
subject to an annual review to determine if adjacent landscaping had matured
sufficiently to provide adequate protection.
(2) Letter dated January 13, 1998 from the following homeowners in opposition to the
placement of safety nets: Jim and Elsa Keisker, 27852 Camino del Rio; Dick and
Greta Hess, 27812 Camino del Rio; Bill and Mary McRoberts, 27822 Camino del
Rio; Lloyd and Carol Grimes, 27832 Camino del Rio; and, Pat and Gail Reeve, 27842 _
Camino del Rio.
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' (3) Letter dated January 14, 1998, from William Hart, Hart, King & Coldren, 200 East
Sandpointe, Fourth Floor, P. O. Box 2507, Santa Ana, 92707, representing 6
homeowners affected by the installation of the netting.
(4) Letter dated January 19, 1998, from James Ortt, 27952 Via de Costa, supporting
installation of the nets.
Computer generated photographs showing the exact likeness of the net placement were on
display. Mr. Tomlinson made an oral presentation, advising that the golf course had planted
additional trees in order to provide some protection to residences adjacent to the 13th and
15th fairways once the trees had matured. A member of the HOA had approached the golf
course for short-term solutions, which had led to installation of the poles behind the homes
on lots 81-86. Installation had been done without a building permit. When notified by
adjacent homeowners, the City had issued a stop work order. The golf course operator began
preparing the application for installation of the poles and nets, which included a letter from
the HOA President approving the proposal. It was subsequently determined that the letter
had not been authorized by the HOA Board of Directors.
Mr. Tomlinson advised that the installation of these poles and safety nets was subject to
administrative review by the Planning Director. However, he had notified all parties that he
would not take an administrative action until all parties agreed to the proposal, so that there
' could be some consensus resolution. If a consensus could not be reached, the Planning
Director had authority to refer the item to the Planning Commission. The item had been
referred to the Planning Commission and subsequently denied. The decision had then been
appealed to the City Council.
Mr. Tomlinson advised that staff felt the ultimate solution to the problem was the maturity
of the trees. He discussed various options available to homeowners to protect their homes
in the meantime.
Public Comment:
1. Julie Lopez, 27882 Paseo del Sol, spoke in opposition to the nets noting that the
visual impact of the poles and nets would decrease the value of the entire
neighborhood and not solve the problem.
2. Cheryl Carson, the appellant, 27892 Camino del Rio, distributed to the Council
Members a timeline of events leading up to the proposed installation, and photographs
representing damage done by errant golf balls. She also had with her a bag containing
622 golf balls collected from her yard. She made an emotional appeal to the Council
Members to reverse the decision of the Planning Commission and to allow the
installation of the poles and nets on a temporary basis, stating that they were not a
perfect solution and would not stop all errant balls but would provide immediate
protection so that the homeowners would not have to risk injury and damage for
' another two years before the trees mature.
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Sergio Adeff, 27891 Via de Costa, had requested to speak but deferred to William
Hart.
4. William Hart, attorney for six homeowners whose properties would be directly
affected by the placement of the nets, pointed out to the Council Members the
photographs depicting nets, noting that they accurately reflect what the nets would
look like to his clients if installed. He strongly opposed their installation and reminded
the City Council that the Planning Commission had voted 7-0 in rejecting the
application. He stressed that netting would not solve the problem for the homes
receiving the most errant balls. He suggested that multiple actions would be the most
effective solution, including landscaping, fencing at the tee box, and individual nets
at residences. He felt that homeowners who purchase homes on a golf course assume
the risk of errant balls.
4. Al Schlobohm, 27971 Via de Costa, spoke in support of the appeal, telling the
Council Members that an errant ball had struck him on the chest while he was in his
backyard. To date, he had replaced 17 broken windows with bullet-proof glass. He
displayed pictures of the damage to his home. He also indicated that he had installed
a personal safety net which was only able to prevent 30 percent of the errant balls.
Richard I Hess, 27812 Camino del Rio, spoke in opposition to the appeal, noting that
he had selected the community for its rural atmosphere and views and the installation
of the nets would dramatically change and devalue the community. He felt that lower
nets by the tee, more landscaping, etc. would be more effective in preventing injuries
and damage than the proposed nets.
6. Mary McRoberts, 27822 Camino del Rio, strongly opposed the installation of nets,
and noted that the residents had been looking at the poles for six months now. She
emphasized that the homeowners had not been informed; the poles had been installed
without warning. The installation of the poles had been done without permit and
should be removed. The solution should be achieved by all involved within the
community.
7. Sean Brennan, 27962 Camino del Rio, noted that the issue had polarized the
community. He was not personally in favor of the nets and felt more evaluation was
needed. The problem seemed to come entirely from the tee box. He felt that if all the
parties were to get together, they could resolve the problem.
Dale Wood, 27941 Via de Costa, a homeowner on the 15th fairway, advised that
homes in her location also suffered from errant golf balls to the extent that she and her
family wear helmets when outdoors. She spoke in favor of the appeal, noting that not
only residents but also anyone who entered the neighborhood was at risk.
Sara Bethurun, 27961 Via de Costa, speaking in favor of the appeal, told the Council
that she had been hit by a golf ball; she felt that public safety should be the first
City Council Minutes -14- 1/20/98
041
concern; property values were already diminished by the danger, and nets would not
' add to that decrease. Temporary installation would mitigate the dangers.
Council Comments:
Council Member Campbell felt that the solution had to be decided by a consensus of the
homeowners involved working together to resolve the issues. She also commented that if the
homeowners most affected by the installation of the nets do not have a problem with errant
golf balls then it seemed likely that the proposed location of the nets was incorrect.
Council Member Hart understood the concerns of all parties, but emphasized that rather than
the City Council being involved, it was better for all concerned to resolve the problem among
themselves. He felt that the nets would not stop all errant golf balls and the Homeowners
Association and Golf Course should meet to find a solution.
Council Member Swerdlin noted that had the permit process been utilized, all parties would
have had a public forum in which to discuss issues before any actions were taken. That
procedure was not followed in this case. He felt strongly, also, that the neighborhood should
work together to resolve the problem.
Council Member Greiner felt that errors in judgment had been made by a number of people
and felt that mitigation measures should have been installed when the golf course holes were
changed. However, he felt that there were some measures that could be taken now to help
' eliminate the problem and that safety was priority over view. He noted that property values
are impacted by both the net solution and the damage from errant balls.
Council Member Swerdlin then suggested that this matter be continued for 60-90 days to
allow the parties to try to resolve the issues. Council Member Campbell emphasized that this
was a public safety problem and suggested that Council Member Greiner meet with the
residents to assist in facilitating a solution.
Motion to Continue:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried, that this item be continued for 60 days until the meeting of March 17,
1998 with the direction that the homeowners, Homeowners Association and golf course
owners work together to achieve a solution, with City staff facilitating the first meeting. The
poles were to be removed.
Short-term Solutions:
Mr. Joe Wood addressed the City Council, noting that he had worked on designs to protect
homes and had been involved previously as a mediator between the builder and the golf
course. He volunteered to help in the current situation by assisting in achieving a short-term
solution while the long-term issues were being resolved.
' By a consensus of the City Council, a short-term solution was to be obtained while working
on long-term solutions.
City Council Minutes -15- 1/20/98
[oil VA
2. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION -
STRING LIGHTING AT THE VERMEUI EN SHOPPING CENTER (STRING
LIGHT PERMIT 97-2) (WADDELLZ(460.30)
Proposal:
Consideration of an appeal of the December 9, 1997, Planning Commission denial of the
application for permanent string lighting along the eaves and ridges of the building at the
Farm to Market center located at 32382 Del Obispo Street, within the Farm Market District.
The Planning Commission found that approval of the application would create a precedent.
A ell n :
Pamela Waddell, Seven Seas Cruises & Tours, 32382 Del Obispo Street, No. B1, San Juan
Capistrano.
Aonlicant/Property Owner:
Charles Vermeulen, 11671 Tammany Circle, Santa Ana, CA 92705
Written Communications:
(1) Report dated January 20, 1998 from the Planning Director, noting that exterior
lighting and parking lot lighting had been minimized during the original approval;
however, the minimized lighting made it appear that the Center was not open during
evening hours. The Report advised that the exposed string lights were installed
without City approvals; however the City had not received any complaints from
adjacent areas. The Report recommended approval of the appeal based on the
findings that permanent string lighting is appropriate in this context because the
parking lot lighting is not as bright as in other retail centers throughout the City and
the lighting would provide character and uniqueness to the Center.
(2) Letter received on January 7, 1998 from Charles Vermeulen, supporting approval of
the String Light Permit,
Mr. Tomlinson made an oral presentation.
Public Comments:
(1) The appellant, Pamela Waddell, spoke in support of the appeal, advising that she
represented 14 businesses in the Center. She noted that the look of the Center was
very rural and the string lights did not detract from that.
(2) Tom Facon, San Juan Capistrano Chamber of Commerce, advised that the Chamber
supported the application.
Thom James, Chris James and Nancy James, 32382 Del Obispo, B3 and B4, had all requested
to speak in favor of the appeal but deferred for the vote of approval.
City Council Minutes -16- 1/20/98
043
ARproval of ARpeal:
Upon motion of Council Member Swerdlin, seconded by Council Member Hart, the appeal
of the Planning Commission action was approved and the following resolution was adopted:
RESOLUTION NO. 98-1-20-2. APPROVING APPEAL - STRING LIGHT
PERMIT 97-2 (WADDELL/VERMEULEN) - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, APPROVING AN APPEAL OF PLANNING
COMMISSION'S ACTION OF DECEMBER 9, 1997, REGARDING
STRING LIGHT PERMIT 97-2 FOR THE VERMEULEN SHOPPING
CENTER LOCATED AT 32382 DEL OBISPO STREET
(WADDELL/VERMEULEN)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
' COUNCII.MANIC ITEMS
1. ORAL REPORTS OF OUTSIDE AGENCIES
a. Leaszue of California Cities (,140.20)
Council Member Greiner noted that he had been recommended by the Orange County
Division to the State Senate Rules Committee for appointment to the California
Coastal Commission.
b. Orange County Vector Control District (,560.50)
Council Member Swerdlin advised that the vector of the month was the cockroach.
2. COUNCIL COMMENTS - None
City Council Minutes -17- 1/20/98
III
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 10:20 p.m. to the
Monday, January 26, 1997, at 3:00 p.m., in the City Council Chambers for a work session regarding
the San Juan Meadows project.
Respectfully submitted,
I ' P#•&V6W CLERK
ATTEST
GlkJONES,-MAYOR
City Council Minutes -18-
1/20/98
NOTICE OF ADJOURNMENT OF MEETING OF
THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
NOTICE IS HEREBY GIVEN, that the City Council of the City of San Juan
Capistrano, California, at its Regular meeting of January 20, 1998, adjourned said meeting to
Monday, January 26, 1998, at 3:00 p.m., in the City Council Chamber, 32400 Paseo Adelanto,
San Juan Capistrano.
DATED: January 21, 1998
Cheryl Joh on, Ofty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano do hereby
declare that the above Notice was posted at or near the door of the City Council Chamber on
January 21, 1998.
I declare under penalty of perjury that the foregoing is true and correct.
Cheryl Johns.&, CoClerk
San Juan Capistrano, California
F-1
[IL'!: