97-0310_CC_Minutes_Adjourned Regular Meeting119
MARCH 10, 1997
' ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA
The Adjourned Regular Meeting of the City Council of the City of San Juan Capistrano, California
was called to order by Mayor Swerdlin at 7:00 p.m. in the City Council Chamber, followed by the
Pledge of Allegiance to the Flag.
ROLL CALL: PRESENT: David M. Swerdlin, Mayor
Gil Jones, Mayor pro tem
Collene Campbell, Council Member
John Greiner, Council Member
Wyatt Hart, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Cheryl Johnson, City Clerk; Cynthia L.
Pendleton, Administrative Services Director, William M. Huber, Engineering and Building Director;
Thomas Tomlinson, Planning Director; Nancy Bernardi, Recording Secretary.
ORAL COMMUNICATIONS
' (CITY COUNCEUCOMMUNITY REDEVELOPMENT AGENCY)
None.
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Written Communications:
(1) Report dated March 10, 1997, from the Planning Director, regarding a proposed
commercial development for the vacant 29.4 -acre property located at the southeast
comer of Juniper Serra Road and Camino Capistrano. The proposed plans consisted
of a 136,000 -square -foot major discount department store, a 61,000 -square -foot
multi -screen theater complex, five major tenant spaces ranging from 4,500 to 45,000
square feet, and additional shops and restaurants totaling 60,775 square feet. The
project would require the approval of three separate applications: (a) a General Plan
I
Amendment to change the zoning designation to an appropriate commercial
designation or a Special Study designation; (b) a Rezone application to adopt a new
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Comprehensive Development Plan adding additional uses to the existing Planned
Community (PC) zoning, and (c) an Architectural Control application. The Report
recommended that the Council provide the applicant and staff with their comments
on the proposed plans.
(2) Letter dated March 6, 1997, from Robert C. Dolley, owner of Seaside Ranchos,
expressing concerns regarding the adverse impacts that a major discount department
store like Wa1Mart would have on the City's existing small businesses.
Aonlicant:
Vestar Development, c/o Carlson Development Service, 12731 Towne Center Drive, Suite
I, Cerritos, California 90702-8545.
Staff/Applicant Presentation:
C. J. Amstrup, Associate Planner/Project Manager, made an oral presentation. A site plan,
a conceptual plan of general uses, elevations, and an enlarged aerial photograph of the area
were on display.
Rick Cooley of Vestar Development, summarized the background of his company, noting that
Vestar currently owns and manages fifty shopping centers. He spoke about the company's
desire to become part of the community and to be a good neighbor, as well as its integrity in
the field of real estate development.
Jack Soloman, partner in Architects Orange, spoke regarding his development experience in
San Juan Capistrano over the past twelve years. He noted that the project approved for this
site in 1988—which included multi -family residential, one- and two-story office buildings, and
10 acres of neighbor retail uses—was still viable if the revised plans being proposed were
unacceptable to the Council. He noted that major retailers have expressed interest in this site
and described the proposed plans. He stated that major tenants at this site would draw people
from outside of the City and would not compete with the types of businesses in the City's
downtown area. He summarized the architectural theme of the project, which consisted of
a combination of architectural styles found throughout the City. He noted that the one-story
buildings would be approximately 20-26 feet high as measured to the top of the parapet, and
the major department store would be approximately 32 feet high; and, indicated height
elevations in relation to the adjacent Casitas development.
Mr. Cooley summarized Vestar's market analysis of the adjacent area and felt that because
of the other projects being completed in areas just outside of the City, the existing Edwards
theater in the downtown area would eventually close, even without the theaters proposed for
this project. He felt that the original project approved in 1988 for this site may have been
more competitive with existing local businesses than the new proposal and that the new
proposed uses could attract additional people that could patronize the City's other businesses.
Depending on the major tenants selected for this project, he estimated that sales tax revenues
could range from $75 to $90 million annually as compared with $15 million annually for the
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previously -approved neighborhood commercial uses. In addition, the new uses would
provide 600 full-time jobs vs. 150 jobs for the previous project.
Council Member Campbell advised the audience that this was the first time this proposal had
been presented to the City Council.
Public Comments:
(1) Daniel Heredia, owner of a business at 32841 Camino Capistrano, spoke in opposition
to the proposal based on its impact on small businesses in town. He suggested uses
such as a City Hall be considered instead.
(2) Trevor Dale, 27781 Camino Veranda, felt that the problem with developing this
property was the 99 -year land lease. He felt that the project being proposed was too
large for San Juan Capistrano and stated that he had moved to this City because of its
small-town atmosphere. He felt that neither plan proposed should be considered
viable for this site.
(3) Ray Peterson, past member of the Board of Directors for Capistrano Gardens #2,
expressed strong concerns that the uses proposed would further deteriorate the
quality of life for surrounding residential neighborhoods. He noted that residents have
already suffered impacts from construction of the corridor and felt that the proposed
uses would exacerbate the problems by drawing cars from the freeway and increasing
traffic into the area.
(4) John Tatum, 30743 Calle Chueca, former founding member of Friends of San Juan,
felt that new construction of commercial buildings should be prohibited until all of the
existing commercial space has been leased in the City. He stated that the uses
proposed would only create more vacancies in the downtown area and severely
impact surrounding neighborhoods.
(5) Steve Ferris, 31878 Del Obispo Street, indicated he had owned a business in San Juan
Capistrano for 25 years. He expressed concern about the numerous vacancies for
commercial businesses in town and felt that another large commercial development
was not needed. He stated that these companies generate a large amount of tax
revenues in the beginning, but the numbers diminish once local small businesses start
to close.
(6) David Samalia, 30681 Calle Chueca, spoke in opposition to the proposal, noting that
his backyard directly abuts the rear of this project. He suggested that the site be
developed as a community park or a large elementary school. He expressed concern
that the proposed uses would create additional noise, traffic, and view impacts. He
noted that he moved to San Juan Capistrano because of its small-town atmosphere.
(7) Diane Morgan, 30826 Calle Chueca, expressed strong concern that the proposed
development would forever alter the City's small-town atmosphere, particularly with
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the site's location at the entrance to the City. She also expressed concern that the
proposed uses would increase foot and vehicular traffic, graffiti, and vandalism,
similar to the problems residents have experienced whenever a carnival or rodeo was
held at the site.
(8) Liz Elliott, 26801 Lariat Circle, requested that the Mission Hills Ranch, Capistrano
Royale, and Stoneridge homeowners associations be sent notices regarding any plans
for this site. She noted she moved to San Juan Capistrano from Mission Viejo twelve
years ago and did not want the City to change its character and become another
"Mission Viejo" by approving the development proposed.
(9) Deborah Spellum, 30798 Calle Chueca, spoke in opposition to additional commercial
development in the City. She felt that the proposed development would destroy any
sense of "country" in the area. She expressed concern that problems experienced
during occasional two-day events at the site would be permanent if the proposed
project were approved.
(10) Bill Floyd, 30775 Calle Chueca, expressed concern that the project would draw traffic
from the freeway and cause more congestion. He stated that this property was one
of the few remaining open space sites in San Juan Capistrano and that the developers
were more concerned about profits than impacts to residents and local businesses. He
urged that the Council consider the concerns of residents and businesses who will be
directly impacted by this project on a daily basis.
(11) Margaret Bonney, 32962 Calle San Marcos, advised that she moved to San Juan
Capistrano because of its small-town atmosphere. She noted that the neighborhood
where she used to live suffered a large increase in traffic as a result of a new large
retail center that was constructed several blocks away. She urged that the Council
consider the long-term financial gains vs. the loss of this open space land.
(12) Scott Schmidt, 26162 Via Monterey, indicated he was a local merchant and felt that
the proposed uses would greatly diminish the profits realized by the City's small
businesses, as well as decrease property values and increase noise and traffic impacts.
He believed that the Price Club has already impacted these businesses and expressed
concern that another major discount store would result in even more severe impacts.
He urged that the Council protect San Juan Capistrano's charm, particularly since the
proposed uses would not benefit the community or its merchants.
(13) Kelly Wright, 30665 Calle Chueca, advised that this project would block his view of
the ridgeline and ruin the unique small-town charm of San Juan Capistrano. Although
he understood that development of this property was inevitable, he preferred that
another use be considered, particularly since his property would be directly impacted.
(14) Tracy Moms, 30725 Calle Chueca, noted that his property directly abuts this site and
currently has a view of the ridgeline. He opposed the proposal, stating that he did not
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want to raise his children in a shopping center or a parking lot. He felt that this
project would not benefit him or the community, noting concerns with traffic, noise
impacts and declining property values.
(15) Carl Goodwin, 32651 Deadwood Drive, noted he works as a financial consultant for
schools and cities. He expressed strong concern that the proposed project was self-
destructive to the City's character, particularly because it is located at the entrance
to the City. He felt that the additional sales tax revenue that the City would receive
did not justify approval, despite the City's budget constraints. He felt that the
location of the Price Club at the south end of the City was an appropriate site and
intelligently planned and urged that intelligently planning continue. He preferred the
proposal for this site approved in 1988.
(16) Joe Campbell, owner of Ruby's Restaurant at 31781 Camino Capistrano, adjacent to
the Franciscan Theater, indicated that if the proposed theaters were built and the
theater in Franciscan Plaza, closed he would closed his business, with a loss of 50
jobs. He noted that he does 70% of his business from 5:00 pm Friday to 3:00 pm
Sunday.
(17) David Belardes, 31742 Via Belardes, Chairman and Chief of the Juaneno Band of
Indians, indicated that there is an Indian cemetery at the site is a complex of sites at
the northern confluence of the Oso and Traubco Creeks. He felt there was an
opportunity to preserve in situ the village and the cemetery sites.
Council Comments:
Council Member Campbell felt that she needed much more information before making a
decision in this matter. Council Member Hart concurred, noting that he had general concerns
regarding the density and types of uses proposed for this property. He noted that the City
purchased as much open space land as possible for preservation. In addition, he stated that
the City also needs to consider the rights of property owners. He emphasized that the owner
of this site has the right to develop the property, and it is the City's responsibility to determine
what kind of development would be in the best interest of the all concerned. He stated he
could not support a major department store at this time without additional information.
Council Member Greiner stated that the Council in this matter must take into consideration
the City's desire to maintain the character of the City, the types of development that would
meet the needs of the community and the downtown merchants, while protecting the inherent
rights of the property owner to develop his property. He preferred less -intense uses for this
property, ones that would be as complimentary as possible to the businesses in the downtown
area. He opposed a theater complex, noting that the existing theater on Verdugo Street has
been a cornerstone and has drawn many visitors to the downtown area. He felt that more
information was needed before any decision could be reached and urged that this site be
developed in an intelligent manner to benefit the entire community, i.e. "less is best."
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Council Member Jones concurred with Council Member Greiner's opposition to the proposed
theater complex. He noted that development has been proposed for this site for many years,
and that the project approved in 1988, as well as two others, was not pursued because of
economics. He emphasized that he understood the concerns of adjacent residents who will
be impacted by development of this site, the rights of the property owners to receive just
compensation for their property, and the desires of the City to protect its small-town
atmosphere and the small businesses in the downtown area. He felt that the processing of this
application would be very difficult and advised the developers that the existing theaters were
very important to the Council.
Mayor Swerdlin indicated that he had a potential conflict of interest, which was still under
investigation, and would withhold his comments at this time. He noted that Vestar has an
excellent reputation as a developer with high integrity and understood the concerns of both
the property owner and residents.
Council Member Campbell felt that the proposed project was too intense for the site,
particularly with its location as the entrance to the City. She emphasized the importance of
considering the impacts to the City's loyal merchants and protecting the community's rural
character. She expressed concern that this project, if approved, could diminish the progress
being made in the downtown area and felt that the project should be kept consistent with the
City's General Plan,
Council Member Greiner noted that the City, with a population of just under 30,000, was
almost to the buildout point of 35,000 residents. He stated that uncontrolled growth was not
going to occur, particularly with the scarce amount of available commercial space left in the
City. Although it was important to preserve the small-town atmosphere, he advised that a
certain amount of development was necessary to keep the City economically sound.
ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:30 p.m. to the
next regular meeting date of Tuesday, March 18, 1997, at 5:00 p.m. in the City Council Chamber.
Respectfully submitted,
CHERYL i7 CITY CLERK
ATTEST:
AVID M. SWEIWLIN, MAYOR
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