95-0614_CC_Minutes_Adjourned Regular Meeting223
JUNE 14, 1995
I
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 Nash at 7:33 p.m. in the City Council Chamber.
ROLL CALL: PRESENT: Carolyn Nash, Mayor
Collene Campbell, Council Member
Wyatt Hart, Council Member
Gil Jones, Council Member
David Swerdlin, Council Member
ABSENT: None
STAFF PRESENT: George Scarborough, City Manager; Richard K. Denhalter, City Attorney;
Cheryl Johnson, City Clerk; Dick Bobertz, Planning Manager, Mechelle Lawrence, Associate Planner;
Nancy Bernardi, Recording Secretary.
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Written Communications:
(1) Report dated June 14, 1995, from the Planning Director, outlining the proposal
submitted by Inline Sports Associates, Inc. to convert the existing 2,485 -square -foot
tennis club facility located at 32731 San Juan Creek Road into a 3,335 -square -foot
inline hockey facility for private league operation.
(2) Postcard dated June 12, 1995, from Dona Berg Gastaldo, 32177 Via Barrida, in
opposition to the proposed conversion to an inline hockey facility.
(3) Letter dated June 10, 1995, from Gordon Strachan, 27031-B Capote de Paseo, in
opposition to the proposed use at this location because of incompatibility with
adjacent senior housing.
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Mechelle Lawrence, Associate Planner/Project Manager, made an oral presentation. The
project site plan, area photographs, color renderings, and flooring samples were on display.
In response to an inquiry by Council Member Jones, Mr. Scarborough indicated that the
proposed school site at the Kinoshita Sports Park site had not been considered for this use.
Applicant's Presentation:
Larry Buxton of Inline Sports Associates, Inc. explained that the intent of the proposed
hockey rink was to provide a professional facility that would be used by the serious hockey
player and coaches for league play, from youth to adult. No open public skating would be
permitted, and no alcohol would be sold. He emphasized that because of the serious nature
of the facility, it would not become a hangout for youth. He displayed examples of the type
of equipment typically used by the more serious player and spoke regarding the financial
investment involved for players and coaches. He stated that the proposed roof would mitigate
noise impacts and glare from interior fighting. He stated that the noise existing at the site was
64-74 decibels, created by the street and freeway; similar hockey facilities in Dana Point and
Mission Viejo generated approximately 60-67 decibels, which would probably be exceeded
whenever the spectators cheered. He advised that the number of parking spaces exceeded the
number of players expected to be at the facility at any one time. He felt that any traffic
impacts from this use would be resolved once San Juan Creek Road was widened into a four -
lane roadway. In the meantime, the existing two-way turn lane in the center of the road
would allow several cars to turn into the facility. He noted that within a quarter -mile radius
around the project, 15% of the uses were residential and 85% of the uses in the area were
non-residential; i.e., commercial, recreational, and open space. He felt that the proposed
facility would be compatible with the adjacent senior housing and offered to work with the
residents to mitigate their concerns.
Public Comments in Favor of the Proposed Inline Hockey Facifity:
(1) Stefan M. Herkewitz, 27892 Calle San Remo, stated that the use of the facility by
both youth and adults would help keep youth off the streets and away from criminal
activity. He felt that traffic impacts from the use would be minimal.
(2) Tom Schauwecker, 31592 Paseo Don Jose, noted that he has owned the subject
property for over 30 years, With the tennis club use in place for about 20 years. He
advised that the tennis club has never been financially successful despite the efforts of
numerous managers and tennis pros. He noted that at times it was necessary for him
to finance some of the improvements to the club. He felt that the club did not have
enough courts to make it successful and that tennis, in general, was declining in
popularity. He advised that other uses were considered for the site, such as a pool
hall and miniature golf course, which ideas were abandoned because of their
incompatibility with the adjacent senior housing. He felt that the proposed inline
hockey facility was an appropriate use for the property.
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(3) Ann Marie Casazza, 31452 Paseo Duran, spoke in support of the project. She felt
' that this quality facility would be beneficial to the community and that any negative
impacts would be minimal.
(4) Alexander Nalle of CB Commercial, real estate broker speaking on behalf of
Mr. Schauwecker, spoke regarding the efforts made by the property owner to find an
appropriate use for the site.
(5) Richard Stevens, 32552 Alipaz Street, noted that he was involved in three different
hockey organizations in the area. He felt that the facility was needed because of the
amount of talent in the area and because it would allow for extended playing hours
and days.
Public Comments in Opposition to the Proposed Inline Hockey Facility:
(1) Frank Putnam, 27221-C Via Capote, felt that the proposed use would disturb the
quiet neighborhood for the many seniors living in the area and recommended that the
facility be located in an area more suitable for the noise impacts that would be
generated from this use.
(2) Rudolph Maglin, President of San Juan Hills East, Block 5, felt that the proposed use
would invite nuisance problems, noting that the applicant proposed rules of conduct
and a security guard. He stated that the decibels could reach well over 100 whenever
' a goal was made. He requested that the quiet character of their neighborhood not be
disturbed by this use.
(3) Richard Slick II, 30001 Golden Lantern, Laguna Niguel, advised that he was Head
Pro at the existing tennis club. Although he agreed that the club has not done well
financially in the past, he felt that strong, consistent efforts to attract new
memberships and retain existing ones would make the club successful. He noted that
the club recently decided to participate in the City's recreation programs, which
resulted in an additional 60 participants within a six-month period. He felt that the
existing courts were unique and needed in the community.
(4) L. E. Risk, 27592 Avenida Larga, expressed concern regarding the potential traffic
impacts on San Juan Creek Road as a result of this use, noting that the widening of
the road was not expected to occur anytime in the near future.
(5) Richard Stein, 27677 Paseo Alondra, felt that the proposed use was a good one but
in the wrong location because of the quiet residential character of the neighborhood.
He felt that the existing tennis club could be successful with proper promotion.
(6) Mary Penson, 28232 Paseo Corrales, spoke in support of the tennis club and felt that
the proposed use was inappropriate for the area.
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(7) John Flemming, 27052 Via Cosita, concurred with the comments made by the
previous speakers and cited concerns regarding traffic, parking and noise impacts. He —
felt that the proposed use was inappropriate for the neighborhood and noted the
denial of two applications for similar facilities in Mission Viejo and Rancho Santa
Margarita.
(8) Walt Stevens, 28322 Paseo Establo, felt that the combination of noise from the
proposed use and the freeway would be excessive for the neighborhood, particularly
for Chateau San Juan which is adjacent to the site. He stated that the existing tennis
court use was a more compatible sport for the neighborhood than a contact sport like
inline hockey.
(9) Barbara Caffrey, 27703 Ortega Highway, member of the board of directors for the
Helen Harbor Tennis League, noted that the league had a total of 32 players that used
the existing tennis club facility for league play. She noted the club's ongoing efforts
to increase and retain membership and the use of the club for bridge play and to meet
with friends.
(10) Hector Gonzales, 31462 Via La Senda, presented a petition with 55 signatures in
opposition to replacing the tennis club with the proposed inline hockey facility. He
suggested that the hockey facility be located in an industrial or business area of the
City.
(11) Mary Myers, 27981 Via Del Cerro, noted that her son plays in the City's inline hockey
program but would not be able to afford to play at the new facility. She preferred that
the existing tennis courts be retained for use by all residents.
City Council Comments:
Council Member Campbell advised that although she has been a member of the tennis club
for many years, she felt she had no conflict of interest. She noted that she had voted in
opposition to the Chateau San Juan project years ago because it prohibited the expansion of
the tennis club. She felt that the proposed inline hockey facility and its metal roof were
inappropriate for the area, particularly because of its close proximity to Chateau San Juan and
potential lack of sufficient parking for spectators.
Council Member Swerdlin expressed his support for this type of facility but not in the
proposed location. He suggested that another site be considered, e.g. the Seligman property
located across San Juan Creek, which has freeway exposure.
Council Member Jones felt that the proposed use was inappropriate for the site and
recommended that alternative sites be considered within San Juan Capistrano. He felt that
traffic from the use could pose safety concerns for elderly residents walking to and from
Chateau San Juan. He felt that the permitted uses for the site in general were not appropriate
for the area and that passive uses, such as Chateau San Juan, were more compatible with the
surrounding senior housing.
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Council Member Hart agreed with the previous Council Members' comments. He felt that
' the proposed use was incompatible with the surrounding neighborhoods and recommended
that a more suitable location be found for the facility.
Mayor Nash also concurred with the previous comments. She noted on the General Plan Map
the existing surrounding uses, including a veterinarian clinic, a nursery, a golf course, and
senior housing. She stated that the facility did not propose 40% open space, which is
required for the zoning. She expressed opposition to the facility's proposed metal roof, chain
link fencing with slats, open sides of the building which would allow noise and light to escape,
and the parking lot and its related noise being in such close proximity to Chateau San Juan,
particularly during nighttime hours. She noted that the hockey facilities located in Mission
Viejo and Dana Point were not similar to the one proposed. She advised that similar facilities
located in Irvine and Huntington Beach were located in industrial areas; the one in Garden
Grove was located in a 30 -acre park site; and the city -operated facility in Fullerton closed at
8:00 p.m. and was supervised by city recreational staff. She noted that she had been advised
that the facilities were noisy and had a high level of activity. She felt that the applicants
should be discouraged from continuing their application for this location. She expressed
concern regarding the inappropriate uses currently permitted for the zoning and suggested
that the City and the property owner consider a General Plan Amendment.
Mr. Nalle, representing the property owner, inquired whether the City/CRA would consider
acquiring the tennis courts in their current configuration to operate them within the City s
' Community Services Department. Mayor Nash suggested the matter be discussed with the
City Manager. Council Member Jones advised that the City's existing inline skating area
located between the high school and the library was constricted and heavily used, with no
room for expansion. He noted that most of the skaters walked to the facility.
Mr. Buxton stated that he welcomed the opportunity to work with City staff and the City
Council to find an appropriate location for the inline hockey facility within San Juan
Capistrano.
CLOSED SESSION (610,85)
Council recessed to a Closed Session at 9:10 p.m. for:
Conference with Legal Counsel, Anticipated Litigation, per Government Code Section
54956.9(b), for significant exposure to litigation in one case;
2. Liability Claims per Government Code Section 54956.95, M&M Jewelers, et al, claimant,
against the City of San Juan Capistrano; and
Liability Claims per Government Code Section 54956.95, San Juan Partners, claimant, against
the City of San Juan Capistrano.
The City Clerk was excused therefrom, and the meeting reconvened at 10:15 p.m.
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Mr. Denhalter advised there were no actions to report on any of the items.
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There being no further business before the Council, the meeting was adjourned at 10:16 p.m. to the
next regular meeting date of Tuesday, June 20, 1995, at 7:00 p.m. in the City Council Chamber.
ATTEST:
CAROLYN ASH MAYOR
City Council Minutes
Respectfully submitted,
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