98-0217_CC_Minutes_Regular Meeting063
FEBRUARY 17, 1998
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 5:00 p.m. for the following purposes, as authorized by statute:
Pursuant to Government Code Section 54956.8, The City Council Will Confer with Legal
Counsel Regarding The Status of Pending Litigation, to wit: San Juan Golf Inc.. dba San
Juan Hills Country Club v. City.
1 11
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 Brian Wood, Calvary Chapel of San Juan
Capistrano.
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; Amy Amirani, Public Works Director: AI King, Community Services Director; Lt.
Paul Sullivan, Chief of Police Services; Gillian E. Rampley, Recording Secretary.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Jones announced there were no actions to report.
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' Council Member Greiner introduced the following persons in attendance: Al Simmons,
Seniors Liaison; Phil Schwartze, Former Mayor; Bill Hardy, Don Tryon, Cultural Heritage
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064
Commission; Bill Sonka, Planning Commission; Joann de Guevara, Janice Palermo, Mary
Rose Winkler, Marie Buckner and Jessica Dean, Housing Advisory Committee; Bonnie Holt, —
Transportation Commission; and Bob Cardoza, Parks, Recreation and Equestrian
Commission.
ORAL COMMUNICATIONS
(CITY COUNCEUCOMMUNITY REDEVELOPMENT AGENCY
BOARD OF DIRECTORS)
None
1 1 '
It was moved by Council Member Swerdlin, and seconded by Council Member Campbell, 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
1. MOTION TO READ ORDINANCES BY TITLE ONLY
The Reading of all Ordinances by title only was approved.
2. APPROVAL OF • I_ MINUTES REGULAR MEETING OF
JANUARY 6. ..•
The Minutes of the Regular Meeting of January 20, 1998 and the Adjourned Regular Meeting
of January 26, 1998 were approved as submitted.
3. RECEIVE AND FILE WARRANTS OF JANUARY 29. 1998 (300.30)
The List of Demands dated January 29, 1998 in the total amount of $723,461.04 was ordered
received and filed.
4. STATUS REPORT ON NEW DEVELOPMENT APPLICATIONS (440 10)
The status report on the status of New Development Applications was ordered received and
filed.
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5. APPROVAL OF LICENSE AGREEMENT WITH CAPISTRANO VALLEY
BOBBY SOX FOR THE USE OF THE CONCESSION STAND AT COOK PARK
CORDOVA ATHLETICFIELDS (600.30
As set forth in the Report dated February 17,1998, from the Community Services Director,
the License Agreement with the Capistrano Valley Bobby Sox for use of the concession stand
at the Cook Park Cordova athletic fields for the period of March 1, 1998 to February 28,
1999 was approved.
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As set forth in the Report dated February 17, 1998 from the Community Services Director,
the License Agreement with the San Juan Capistrano Little League for use of the concession
stand at the San Juan Capistrano Sports Park for the period of March 1, 1998 to July 31,
1998, was approved.
7. APPROVAL OF LICENSE AGREEMENT FOR ENTRY GATE AND
LANDSCAPE AND IRRIGATION EQUIPMENT_ TRACT 14379 (SAN JUAN
ENCLAVE, LLC/PEPPERWOOD ESTATES) (600.30)
' As set forth in the Report dated February 17, 1998 from the Director of Engineering and
Building, the License Agreement with San Juan Enclave, LLC for use of public right-of-way
along the easterly side and at the northern terminus of Alipaz Street for construction and
maintenance of an entry gate, landscaping and related appurtenances was approved. The
Mayor was authorized to sign the Agreement and the City Clerk was authorized to forward
the Agreement to the Orange County Recorder for recordation.
FEUD
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•• • 1 �. :.' •:•• : •
As set forth in the Report dated February 3, 1998 and resubmitted February 17, 1998 from
the Public Works Director, the City Manager was authorized to execute Amendment No. 1
to the Agreement for Engineering Services with Daniel Boyle Engineering, Inc. to provide
planning, design and construction engineering services for the recommended Phase 2 intertie
with Moulton Niguel Water District for the Bear Brand Booster Station Modifications in the
additional amount of $46,622. The Report advised that while the cost to design and build the
proposed intertie was higher, the intertie provided the greatest benefit to the District by
providing a higher fire flow rate, providing water service to the Pepper -tree Bend area at a
lower cost, avoiding major construction on Sacarama Lane, and eliminating the need for
construction of additional reservoir storage and construction of a secondary power source at
the Booster Station.
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' • I• • • I W• • •" �_ • 1100•
Bill UV U611 1
As set forth in the Report dated February 17, 1998 from the City Attorney, the claims of
Stephen Novorr, Lindsey Novorr, and Stephen Novorr on behalf of Jessie Novorr, a minor,
were denied in their entirety.
10. REPORT OF INVESTMENTS - MONTH ENDING JANUARY 31. 1998 (350.30)
The Report of Investments for the month ending January 31, 1998 from the Director of
Administrative Services was ordered received and filed.
As set forth in the Report dated February 17, 1998 from the Director of Administrative
Services, the renewal of the lease agreement with the Capistrano Indian Council for the
operation and maintenance of the Harrison Farmhouse on Ortega Highway for the period of
one year at a lease amount of $1.00 per year, was approved. The Mayor was authorized to
execute the agreement on behalf of the City.
DECEMBER12. RECEIVE AND FILE CASH BALANCES BY FUND FOR NOVEMBER AND
" (330 .50
The Report of Cash Balances by Fund for November and December 1997 from the Director
of Administrative Services was ordered received and filed.
At the request of Council Member Swerdlin, the following item was removed from the Consent
Calendar:
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Written Communications:
Report dated February 17, 1998, from the Planning Director, recommending approval of
conceptual plans for the upgrading of the picnic area and installation of new play equipment
at Descanso Veterans Park.
Council Member Swerdlin requested that the item be continued to provide time for Council
to receive an additional cost breakdown.
Continuance of Item:
It was moved by Council Member Hart, seconded by Council Member Swerdlin and
unanimously carried to continue this item to the meeting of March 3, 1998.
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067
Mayor Jones advised that the following item would be heard out of order from the Agenda on the
' advice of the City Attorney.
ADMINISTRATIVE ITEMS
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THE CON/YU_[JdjYL5l5.1
Written Communications:
(1) Report dated February 17, 1998 from the Planning Director advising that the
Capistrano Unified School District had notified the City that three schools serving
children living in San Juan Capistrano were extremely overcrowded and had a limited
ability to further expand their capacity. The District had requested assistance in
identifying and implementing immediate steps to mitigate the situation. The Report
further advised that the traditional method of payment of school impact fees was
established by the State and was not sufficient to generate funds to construct
permanent educational facilities; consequently, the District was forced to use their
school impact fee funds for interim facilities. Under the provisions of the proposed
interim urgency ordinance, the City, in cooperation with Capistrano Unified School
District would investigate alternative funding methods to assist in the mitigation of
new residential development on the existing school population. One method under
consideration was formation of a Mello -Roos Community Facility District; however,
the Report recommended a planning study be conducted to evaluate all available
funding methods. The Report further indicated that with current construction and
pending development applications, the number of children residing in the
developments would create the equivalent need for two additional elementary schools.
(2) Letter dated February 4, 1998 from James A. Fleming, Superintendent, Capistrano
Unified School District in support of the proposed interim urgency ordinance.
Thomas Tomlinson gave an oral presentation in which he noted that Capistrano Valley High
School, Marco Forster Middle School, and San Juan Elementary were overcrowded. In
addition due to residential growth, Del Obispo and Ambuehl elementary schools would
exceed design parameters in the near future.
Council Ouestions:
Council Member Hart asked for and received confirmation that the potential Mello -Roos or
other mitigation program would not involve the Cit-,,, but would be between the developers
and the School District and funds would go strictly for the development of schools to mitigate
I
overcrowding. Council Member Campbell asked for and received confirmation that the
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proposed Mello -Roos or other mitigation program would apply only to new homes yet to be
built, not to current residences.
Reading of 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 Hart, seconded
by Council Member Campbell, that the following Interim Urgency Ordinance be introduced:
URGENCY ORDINANCE NO 807. ESTABLISHING RF 1LATIONS
FOR THE MITIGATION OF SCHOOL OVERCROWDING
(CAPISTRANO UNIFIED SCHOOL DISTRICT (URGENCY) - AN
INTERIM URGENCY ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ESTABLISHING REGULATIONS FOR
THE MITIGATION OF SCHOOL OVERCROWDING ARISING FROM
THE BUILDOUT OF RESIDENTIAL AREAS WITHIN THE
COMMUNITY, BASED UPON THE FINDINGS THAT SUCH INTERIM
REGULATIONS ARE NECESSARY TO RESPOND TO AN IMMEDIATE
THREAT TO THE PUBLIC'S HEALTH, SAFETY AND WELFARE
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
PUBLIC HEARINGS
APPROVAL OF GENERAL PLAN AMENDMENT 95-2 ZONE CHANGE 96-1
AND REVISED VESTING TENTATIVE TRACT MAP 14343 FOR
DEVELOPMENT KNOWN AS FORSTER CANYON PLANNED COMMUNITY
(SAN JUAN MEADOWS) (440,25/460/20/420.40) (CONTINUED FROM
ETING OF FEBRUARY 3. 1998)
Proposal:
Consideration of a proposed general plan amendment, zone change and subdivision tract map
for the San Juan Meadows development in the Forster Canyon Planned Community. The
project is located along the south side of La Novia beginning approximately 600 feet east of
Valle Road and directly west of the Glendale Federal (Lomas San Juan) Planned Community.
The project is bordered to the south by the Pacific Point development and to the north by the
San Juan Hills golf course. The General Plan Amendment would redesignate a portion of the
"2.0 general open space" and "2.1 open space recreation area" located along Forster Canyon
Road near Pacific Point to "5.0 public institutional" for public site dedication; redesignate the
"2.1 open space recreation area" and a portion of the "1.7 senior housing" designation to " 1.4
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ILMI
medium density residential;" establish a "2.3P, Proposed Community Park Site" over the
' landfill cover; and, establish an alternate trail alignment along Forster Canyon Road linking
the Old Forster Canyon Road trail with the City's open space lands. The zone change would
revise the Forster Canyon Comprehensive Development Plan for development consistency.
Significant revisions would include changes to the land use plan, and "Mesa Residential"
District Regulations and "Village Residential Mesa" District. The revised tentative tract map
would create 196 single-family, detached residential lots; a lot for the development of 79
single-family, detached condominiums; a lot for the development of 165 senior housing units;
72 acres of open space; eliminate the dedicated public use site located along the north side
of La Novia Avenue; and, dedicate a 7.4 -acre public use site along Forster Canyon Road.
The subdivision waiver would allow for grading of manufactured slopes to 1'/z: l instead of
the Municipal Code -required minimum 2:1 slope. Manufactured slopes would be reinforced
with Geogrid, a rigid, plastic material designed to maintain slope stability and prevent surficial
slope failure.
. li n :
San Juan Meadows L.P. Attn: Ray Poulter, 313 North Birch Street, Santa Ana, CA 92701
n i r:
Ron Martin, P.E., RMA Design Group, 942 Calle Negocio, #100, San Clemente, CA 92673
Written Communications:
(1) Report dated February 17, 1998 from the Planning Director, summarizing issues and
recommendations regarding issues staff had been directed to further analyze at the
November 12, 1997, Council meeting. The issues included traffic and circulation;
impacts on the Capistrano Terrace Mobilehome Park; the use of over -steepened 1'/�:1
slopes; the public site dedication, the equestrian trail alignment; public/private open
space; CC&R restrictions for rental units; the use of the landfill as a community park;
and, the geotechnical feasibility. The Report recommended adoption of a resolution
certifying the Mitigated Negative Declaration; adoption of a resolution approving the
General Plan Amendment; introduction of an Ordinance approving Zone Change 96-
01; and adoption of a resolution approving the Revised Vesting Tentative Tract Map
14343, San Juan Meadows and the Subdivision Exception to Section 9-4.112, Slopes.
(2) Letter dated February 10, 1998, from Pastor Phillip Munsey, the Life Church
supporting the designation of an 8.4 -acre private institutional site along La Novia for
relocation of the church.
(3) Letter dated February 12, 1998, from Maryrose Winkler, Capistrano Terrace
Mobilehome Park, advising of the homeowners support of the application.
The tentative tract map, cross section drawings, computer visuals, and conceptual plans of
the landfill cover were on display. William Ramsey, Senior Planner, gave an oral
' presentation. He noted that the traffic mitigation measures, including road improvements and
reconstructions, must be done with the project and, if other projects in the same vicinity were
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070
built first, the applicant must share in the cost of those improvements as they were done. All
such improvements must be made prior to the issuance of building permits. Mr. Ramsey
spoke of the public workshop held at Capistrano Terrace Mobile Home Park. The project
would be required to regrade the slope and provide terrace drains and the applicant would be
bonded for grading and replacement of the retaining wall if damaged. He also advised that
the public site dedication, moved to Forster Canyon Road, was one of the short list of sites
being considered by the Water District for a proposed reservoir. A condition had been
created, therefore, to defer a decision on that site until the Report on reservoirs was final. He
further discussed geotechnical issues and recommendations.
Applicant Presentation:
Ray Poulter, San Juan Meadows L.P., 313 North Birch Street, Santa Ana, representing the
applicant, explained that the project had received original approval in 1992 for the same
density of housing but of a different mix. The project was delayed at first because of the
landfill closure process, then by the real estate market problems. He noted that Forster
Canyon Drive location had been changed to allow a greater distance between the residences
and the landfill.
He pointed out benefits of the project, including that the landfill would be closed and secured,
with many mitigation measures to prevent any possible future problems; that the traffic
mitigation measures will benefit and accelerate traffic flow for the entire area, not just for the
new development; that the linkage of trail systems would be an asset to the City; that the
Mobile Home Park would have increased stability and better drainage of its slopes; and that
the open areas could provide additional sports fields and facilities. He also stressed that there
was only 3 percent less open space than in the prior approval and that the variety of housing
types provided a very good mix for the City.
Public Hearing:
Notice having been given as required by law, Mayor Jones reopened the Public Hearing and
the following persons responded:
Phillip Munsey, 28422 Via Ordaz, Minister of the Life Church, told the Council of the
importance to the Church of building a permanent facility. He felt that there were no
other suitable sites within the City to meet their needs and advised they had retained
the services of an architect to develop a design proposal for the site.
Marilla C. Hamor, 32802 Valle Road, #149, a resident of Capistrano Terrace, noted
that she and the other residents valued their rural lifestyle and privacy and did not
want to see housing placed immediately adjacent to them. She spoke of her
appreciation of the time taken in consideration of this project, including the workshop
at Capistrano Terrace.
There being no further response, the Public Hearing was declared closed with the right to re-
open at any time.
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Council Comments:
Council concurred in their view that this revised project was an improvement over the
previous submittal. Council Member Campbell felt it was important that landscaping
installation follow the renderings as closely as possible and asked that Council review the final
landscape plan.
Certification of Miti ag ted Negative Declaration:
It was moved by Council Member Hart, seconded by Council Member Swerdlin, that the
following resolution be adopted certifying the Mitigated Negative Declaration:
RESOLUTION NO, 98-2-17-1. CERTIFYING MITIGATED NEGATIVE
DECLARATION - SAN JUAN MEADOWS - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE
DECLARATION FOR A GENERAL PLAN AMENDMENT, ZONE
CHANGE, TENTATIVE TRACT MAP AND SUBDIVISION WAIVER
FOR A 136 -ACRE PARCEL LOCATED ALONG LA NOVIA AVENUE
AND MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL
NUMBERS 666-311-01,- 02 AND -03 (SAN JUAN MEADOWS)
The motion was carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
Approval of General Plan Amendment:
It was moved by Council Member Greiner, seconded by Council Member Hart, that the
following resolution approving the General Plan Amendment 95-2 be adopted:
RESOLUTION NO. 98-2-17-2. APPROVING GENERAL PLAN
AMENDMENT 95-2 - SAN JUAN MEADOWS - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT FOR A
136 -ACRE PARCEL LOCATED ALONG LA NOVIA AVENUE AND
MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL
NUMBERS 666-311-01, -02 AND -03 (SAN JUAN MEADOWS)
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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
Introduction of Ordinance Approving Zone Change 96-5:
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 Hart, seconded
by Council Member Swerdlin, that the following Ordinance be introduced:
APPROVING ZONE CHANGE 96-5. AMENDING COMPREHENSIVE
DEVELOPMENT PLAN 81-1 (FORSTER CANYON PLANNED
COMMUNITY/SAN JUAN MEADOWS) - AN ORDINANCE OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING ZONE
CHANGE 96-1, AMENDING COMPREHENSIVE DEVELOPMENT
PLAN 81-1, FORSTER CANYON PLANNED COMMUNITY, WITH
RESPECT TO A 136 -ACRE PARCEL LOCATED ALONG LA NOVIA
AVENUE AND MORE PRECISELY REFERRED TO AS ASSESSOR'S
PARCEL NUMBERS 666-311-01,-02 AND -03 (SAN JUAN MEADOWS)
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
Approval of Revised Vesting Tentative Tract MQ:
It was moved by Council Member Campbell, seconded by Council Member Hart, that the
following resolution approving Revised Vesting Tentative Tract Map (VTTM) 14343, San
Juan Meadows, and the Subdivision Exception to Section 9-4.112, Slopes, be adopted, with
the direction that the landscaping plan is to be returned for Council review:
RESOLUTION NO 98-2-17-3. APPROVING REVISED VESTING
TENTATIVE TRACT MAP 14343 AND SUBDIVISION EXCEPTION -
SAN JUAN MEADOWS - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA APPROVING
A SUBDIVISION TRACT MAP AND SUBDIVISION EXCEPTION FOR
A 136 -ACRE PARCEL LOCATED ALONG LA NOVIA AVENUE AND
MORE PRECISELY REFERRED TO AS ASSESSOR'S PARCEL
NUMBERS 666-311-01, -02 AND -03 (SAN JUAN MEADOWS)
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2/17/98
The motion carried by the following vote:
' AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
2. DENIAL OF REZONE 96-5 FOR PROPERTY LOCATED AT 32731 SAN JUAN
CREEK ROAD, GENERAL PLAN AMENDMENT 95-3. ARCHITECTURAL
CONTROL 96-9 (RESCO/SHURGARD) (460,20/440,25/410/60)
Proposal:
Consideration of request to establish a 92,165 -square -foot storage facility on a 2.435 -acre site
located at 32731 San Juan Creek Road. The project would consist of seven one-story
structures and two, two-story structures, both to be placed in the internal area of the site.
The proposal would require a General Plan Amendment to change the designation of the site
from 5.0 (Public and Institutional) to Special Study, and rezoning from Private Recreation
district to Precise Plan. The Capistrano Racquet Club formerly occupied the site; surrounding
uses included the Chateau San Juan to the east, the Animal Hospital to the west, residential
across San Juan Creek Road to the south and San Juan Creek and I-5 to the north.
' Resco Self Storage, LLC, Attn: Doug Simpson, 4040 Barranca Parkway, Ste 210, Irvine, CA
92604-6500
Property Owner:
Thomas Schauwecker, 31592 Paseo Don Jose, San Juan Capistrano, CA 92675
Architect
Jordan Architects, Inc., 34700 Pacific Coast Highway, Ste 202, Capistrano Beach, CA 92624
Written Communication:
(1) Report dated February 17, 1998 from the Planning Director, recommending approval
of the applications. The Report advised that the project had been considered by the
Planning Commission on January 27, 1998, which found that the proposed use would
be a low -intensity, benign use of the site and would have less impact on adjacent
residential uses that the recreational uses permitted under current zoning. Adoption
of resolutions confirming the Mitigated Negative Declaration and approving the
proposed General Plan Amendment, and introduction of an ordinance approving the
proposed rezone were recommended.
(2) Promotional brochure received February 9, 1998, from Resco Self Storage.
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The site plan and design drawings were on display, together with a scale model. Mr.
Tomlinson, Planning Director, gave a brief overview of the General Plan and zoning
designations that have been applied to the property and summarized the list of zoning districts
and permitted uses that would be consistent with the Public Institutional designation. He
indicated that the uses all have negative characteristics which could make them unsuitable for
the site when considering adjacent land uses; i.e., many were dependent on public access and
customer generation which would increase traffic. The size of the site would not be large
enough to accommodate many of the listed uses. Because of the noise overlay district, many
uses would not be appropriate. As part of the General Plan Amendment staff investigated the
possibility of senior housing and there was not a positive response due to location and size.
Staff had not explored the option of retail due to high traffic generation and its negative
impact on adjacent neighborhoods. None of the range of permitted uses would have the same
combination of characteristics as the proposed self storage facility. The proposed self storage
facility was low intensity, quiet, used minimal night lighting and was not noise sensitive. He
also noted that at a similar facility in place for more than 10 years, no complaints had ever
been received from neighbors. He discussed staffs findings for recommending approval of
the proposed General Plan Amendment and zoning and fin-ther described the proposed design
of the project. He noted that the Planning Commission had recommended approval at their
meeting of January 27, 1998, but that the Parks, Recreation and Equestrian Commission, at
their review approximately one year ago, had expressed concern at the loss of private
recreation land.
Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and the
following persons from the applicant team responded:
1. Doug Simpson, Resco Self Storage, 4040 Barranca Parkway, Ste 210, Irvine,
representing the applicant addressed the Council and advised that all suggestions of
the Design Review Commission had been incorporated into the current design. He
noted that the application had been denied by the Planning Commission in May 1997
citing the loss of recreational land and appropriateness of the use. The tennis club had
been offered the opportunity to purchase the property from the owner. They were
unable to do so and the improvements were removed from the site. The applicant and
architect had met with the neighboring property owners, including walking the
residential neighborhoods, to explain the project. He advised that the adjacent
residential neighborhoods now supported the project, as well as all neighboring
business owners. Mr. Simpson stressed that it was a benign use and a positive, viable
alternative for the neighbors. The changes requested in the application applied only
to this specific parcel. Mr. Simpson further explained that Resco was an affiliate of
Shurgard, who operated over 300 such facilities nationwide and who would be
operating this one with professional, trained managers. All tenants would be required
to provide a street address and a California Driver's License and, based on
experience, security issues would be non-existent.
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' 2. Bruce Jordan, 34700 Pacific Coast Highway, Ste 202, Capistrano Beach, architect for
the project, told the Council that his firm was a nationally -known expert in the land
use aspects of self -storage. He felt that the General Plan and zoning designations
were no longer appropriate or made sense for this "in -fill" site. He advised that the
low traffic generation, lack of noise and hours of operation made this a viable project,
along with support from neighboring uses. He also described the architectural
features of the project, noting that more setback and landscaping than required had
been provided. The requested parking would be more than adequate. Finally, he
stated that the sign program and lighting program would comply with City
regulations.
Council recessed at 8:26 p.m. and reconvened at 8:35 p.m.
Thomas Schauwecker, 31592 Paseo Don Jose, the property owner, recited a history
of the property and appealed to the Council to approve the application. He noted that
previous applications for recreational uses on the property had been denied; that
senior housing companies had not been interested in the site; and, that neither the City
nor the Tennis Club had purchased the property when it was offered to them.
The following members of the public addressed Council:
' 4. Jack Chretien, 27091 Calle Caballero, a resident of San Juan West, spoke on behalf
of fellow residents in support of the application. He presented a petition signed by
183 residents supporting the project.
5. Pauline Leonard, 27589 Brookside, spoke advocating preservation of the recreational
land and strong opposition to the project.
6. Burt Sims, 32229 Via Barrida, a resident of San Juan East, spoke in opposition to the
proposed zoning change, stating it had been presented to adjacent residents as the
lesser of all evils. He noted San Juan Capistrano's legacy, which needed protection,
and expressed concern that this would initiate "commercial creep".
7. Tara Pinson, 28232 Paseo Corrales, also spoke in opposition and stated there was a
great need for activities for children in the area and the loss of recreational use would
affect all residents. She felt that the neighboring residences were supportive only
because they were tired of fighting other proposed uses.
8. Patrick Crowley, 26211 Calle Aspero, addressed the Council in support of the
application, stating that the owner of the property had suffered financially and he felt
the proposed use was the best for the site.
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Jim Lee, 27101 Capote de Paseo, supported the application and advised the Council
that he had canvassed his block and only two residents from the 24 homes in that
block had opposed the project.
10. Jack Mannix, 31161 Casa Grande Drive, owner of the Animal Hospital, spoke in
support of the application. He told the Council that he had been very active in
recreational activities for many years and understood the need for recreational sites
but felt that it would be impossible for any recreational activity to purchase, build,
operate and make a profit on this particular site. He found the project to be well
construed and one which would have least impact on his business and the others in the
neighborhood.
11. Connie Cuhlmann, 27212-B Via Capote, addressed the Council on behalf of 180
homeowners who supported the project and had signed a petition of support.
Council Comments:
Council Member Campbell advised that she was committed to maintaining the General Plan
and keeping the site for recreational uses. At the time the parcel was sold for construction
of Chateau San Juan she was a member of the Planning Commission and had expressed
concern at the loss of that site for recreation. She would oppose the application.
Council Member Hart felt every effort had been made by the owner to make the site profitable
and he could not, in good conscience, oppose the project. The use was positive and the
design criteria ensured a nice building.
Council Member Greiner felt that while the project would serve a public need, the loss of
recreational land was important. He did not feel totally convinced that the owner had
exhausted all possible recreational uses for the property and, sharing the concern of some
residents about commercial creep, could not support the application.
Council Member Swerdlin concurred with Council Members Campbell and Greiner, stating
that any change of the General Plan should be for public benefit, and the proposed self -
storage facility was not. He did not find a substantive reason for changing the zoning or
General Plan and would not support the project.
Mayor Jones noted his concurrence with Council Member Hart. He felt that the adjacent
neighbors who supported the project had not been coerced.
Denial of General Plan Amendment and Related Entitlements:
It was moved by Council Member Swerdlin, seconded by Council Member Campbell, that the
General Plan Amendment be denied; and, based on the General Plan Amendment denial, the
related entitlements be also denied. The motion v. -.s carried by the following vote:
City Council Minutes -14- 2/17/98
077
' AYES:
NOES:
ABSENT:
Council Members Greiner, Campbell and Swerdlin
Council Member Hart and Mayor Jones
None
Staff was directed to return on March 3, 1998 with a resolution confirming the project denial.
ZONE �49
• • • • 1 •••.. 1 WTI{ .1
Proposal:
Consideration of request for temporary street closures and issuance of a parade permit in
conjunction with the Annual Swallow's Day Parade and Mercado scheduled for Saturday,
March 21, 1998.
Written Communication:
Report dated February 17, 1998 from the Director of Engineering and Building, detailing the
parade route and temporary street closures, and forwarding a recommendation of approval.
The parade is scheduled for March 21, 1998 at 11:00 a.m. and the Mercado to be held
between the hours of 8:00 a.m. to approximately 5:30 p.m.
' Public Hearine:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, the Public Hearing was closed with the right to re -open at any time.
Approval of Temporary Street Closures and Issuance of Parade Permit:
It was moved by Council Member Campbell, seconded by Council Member Greiner, and
unanimously carried to: (1) approve the application for temporary street closures for the
Fiesta de las Golondrinas Parade and the Mercado on Saturday, March 21, 1998; and, (2)
approve the issuance of a parade permit to the San Juan Capistrano Fiesta Association, per
the City's Municipal Code Section 5-11.05(b).
MEN
• ' • • 1 �_ CIS 1F • ' • �1• !► 1:
Joicum• • I • • ' ._ Jam' •
I'• I • 1 •' �►• 1 1
Proposal:
Consideration of an extension of Interim Urgency Ordinance No. 806, which was adopted on
January 20, 1997, to continue a moratorium on processing development applications for
restaurants with drive-through facilities.
Applicant:
City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
City Council Minutes -15- 2/17/98
11VAU
Written Communication:
Report dated February 17, 1998 from the Planning Director recommending extension of the
moratorium to allow a planning study to evaluate the cumulative impacts of drive-through
restaurants on the community. The moratorium would be extended for 22 months, 15 days,
to January 20, 2000. The extended period would allow the study to be prepared and
reviewed by the City Council, and allow for the initiation of a formal public hearing process
to consider any recommended modifications to the existing Municipal Code provisions
affecting the establishment of such land uses.
Public Hearing:
Notice having been given as required by law, Mayor Jones opened the Public Hearing and,
there being no response, the Public Hearing was closed
Extension of Moratorium
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 Hart, seconded
by Council Member Swerdlin, that the following Interim Urgency Ordinance be adopted:
ORDINANCE NO 808 EXTENDING MORATORIUM ON DRIVE-
THROUGH RESTAURANTS (URGENCY) - AN URGENCY
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, EXTENDING INTERIM URGENCY
ORDINANCE NO. 806, WHICH ESTABLISHED 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
The motion carried by the following vote:
AYES: Council Members Swerdlin, Greiner, Hart, Campbell and Mayor Jones
NOES: None
ABSENT: None
Council recessed at 9:24 p.m. to convene the San Juan Capistrano Community Redevelopment
Agency and reconvened at 9:28 p.m.
City Council Minutes -16- 2/17/98
079
ADMINISTRATIVE
COMMIJNITY SERVICES DIRECTOR
•i%�S•lal�3•IZ•L`1 M• t�7�II5G L. � • • • • ► •
Written Communications:
(1) Report dated February 17, 1998 from the Community Services Director advising that
an interim policy to permit temporary sponsor signs for the San Juan Little League
spring 1997 playing season had been adopted in February 1997. Staff had been
directed to evaluate the pilot program and develop a formal policy to regulate the use
sponsor signs for all youth groups using City park facilities. In conducting the
evaluation of the pilot program, it was determined that wood signage was not
conducive for setup and take-down on a daily basis. Therefore, gloss vinyl material
was proposed for signage material. The Report discussed the following issues
addressed in the proposed policy: eligibility for use of sponsor signs, program
priorities, permit fees, sign location, sign materials, sign display time limits, and
advertising restrictions.
(2) Letter received February 3, 1998 from Harry C. Schrey, 25881 Avenue Cabrillo,
suggesting that signs be uniform in size and color.
' Al King, Community Services Director gave an oral report and demonstrated a sample sign
to the Council. He noted that the Little League wanted the signs to remain up for the whole
season but that staff was recommending that they be installed and removed on a daily basis.
Concurrence with Policy:
It was moved by Council Member Campbell, seconded by Council Member Swerdlin, and
unanimously carried to concur with the proposed Administrative Policy for Sponsor Signs at
City Athletic Fields, as recommended.
2►[yl•luK"WiC•1f111 =
ANNUAL APPOINTMENTS TO COMMISSIONS. BOARDS AND
COMMITTEES (11020)
Written Communications:
Report dated February 17, 1998, from the Council Services Administrator, forwarding a
listing of all applicants for appointment to the City's commissions and committees.
Appointment of Council Sub -committee:
It was moved by Council Member Campbell, seconded by Council Member Greiner, and
unanimously carried that Council Members Hart and Swerdlin be appointed to an ad hoc
City Council Minutes -17- 2/17/98
D:R
committee to review applications for appointments to commissions, boards and committees,
with appointments to be made at the March 17, 1998 City Council meeting.
► $.. .• • • u .may
a. Southeast Regional Reclamation Authority (1040.60)
Mayor Jones advised that his report of information from the last week's meeting
would be placed in the Council Members' slots.
b. San .Tuan Basin Authority (1050.60)
Mayor Jones advised that a resolution had been reached on the Capistrano Beach
agreement and the application for 12,500 acre-feet of water would be submitted to
the State.
C. Orange County Vector Control District (560.50)
Council Member Swerdlin reported that the Vector of the Month was the Marsh
Mosquito.
COUNCIL COMMENTS
Winter Preparedness (550.10)
Council Member Hart expressed appreciation to staff for its preparation for the El
Nino storms and the hard work performed by staff during the recent rains to keep
problems to a minimum.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:40 p.m. to the
the next regular meeting date of Tuesday, March 3, 1998, at 5:30 p.m., in the City Council Chambers.
Respectfully submitted,
CSV e,Lz -) --
CHERYL JOIN N, CITY CLERK
ATTEST:
11L O MAYOR
City Council Minutes -18-
2/17/98