78-0404_CC_Minutes_Regular Meeting265
JAI?MARY 4, 1978
',:ae Eegular Meeting of the City Council of the City ^f Sar JL.r,,-.
Capistrano, California, was called to order by Mayor Heckscher :t
7:09 P.M., in the City Council Chamber, followed by the Pledge of
P'.legiance to the Flag. Invocation was given by Dr. Milford F<-.ker,
Capistrano Valley Baptist Church.
F, -PLT, CALL IRESENT: Yvon 0. Heckscher, Mayor
I.enneth E. Friess, Mayor pro tcm
Richard D. McDowell, Councilman
Douglas B. Nash, Councilman
John B. -Sweeney, Councilman
ABSENT: None
STAFF PRESENT: William D. Murphy, Acting City Manager/Director of
public works/city Engineer; Thomas G. Merrell, Director of Community
Planning and Development; David Smith, Administrative Services
Officer; Larry Lawrence, Senior Planner; James S. Okazaki, City
Attorney; Mary Ann Hanover, City Clerk.
MINUTES
Regular Meeting of December 21, 1977:
It was moved by Councilman Nash and seconded by Councilman McDowell
that the Minutes of the Regular Meeting of December 21, 1977, be
a9proved as submitted. The motion carried by the following vote
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney and seconded by Councilman Nash
that all Ordinances be read by title only. The motion carried by
the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
ORAL COMMUNICATIONS
1. PLANNING COMMISSION
(67) Michael Berns, Member of the Planning Commission, advised
that he was in attendance to answer any questions with
regard to actions taken by the Planning Commission on
City Council Agenda items.
WRITTEN COMMUNICATIONS
1. GOLF COURSE FACILITIES
SAN JUAN CAPISTRANO WOMAN'S CLUB)
(61) Council received copies of a letter dated December 12, 1977,
from Nerma B. Owens, President of The Woman's Club of San Juan
Capistrano, P. O. Box 215, in opposition to the recent closing
of the golf driving range at the privately -owned San Juan Hills
Golf Course. With the consensus of the Council, Mayor Heckscher
-1- 1/4/78
266
referred the lettez: to the Parks and Recreation Commission for
review at their next meeting on January 16th. The Woman's
Club is to be advised of ':he tir_-� and place of the meeting.
2. TRAFFIC CONDITIONS
(61) Council received copies of a letter dated December 14, 1977,
from the Board of Directors of the Alto Capistrano Homeowners
Association, P. O. Box 55, in support of Rezone 77-13, a
proposed 96 -acre subdivision at the present terminus of
Camino Las Ramblas, as a means of alleviating traffic conditions
on Via de Agua: With the consensus of the Council, Mayor
Heckscher directed that the letter be received for inclusion
with the record of Rezone 77-13 (Misbin) which appears later
on the Agenda.
PUBLIC HEARINGS
1. TENTATIVE TRACT 10090
BUTLER DEVELOPMENT)
(85) This Public Hearing was continued from the meeting of December 21,
1977, for the purpose of considering a reimbursement agreement
for costs of road construction, as requested by the applicant's
engineer.
Applicant:
Butler Development Company, Inc., Plaza Professional Building,
Suite 223, 17871 Santiago Boulevard, Villa Park 92667.
Written Communications:
1 Report dated January 4, 1978, from the Director of
Community Planning and Development, advising that
staff and the project engineer, Elmer Christiansen,
had mutually concluded that the tentative tract
should be approved with no changes to the conditions
submitted on December 21st.
Public Hearing:
Notice of Continuation of the Public Hearing having been given
as required by law, Mayor Heckscher declared the Public Hearing
open and inquired if anyone in the audience wished to address
the Council; there being no response, the Hearing was declared
closed.
Approval of Tentative Tract:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted subject to the
15 conditions listed therein:
RESOLUTION NO. 78-1-4-1, TENTATIVE TRACT 10090 (BUTLER) -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT 10090
(BUTLER DEVELOPMENT COMPANY, INC.)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
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2 67
E EZONE 77-11
CONCEPT
(C5) Proposal:
A request for approval of the Environmental Impact Report,
Rezone, and residential concept plan pursuant to Ordinance
314 (Growth Management) for a subdivision of 198.6 acres of
land into 140 residential lots consisting of 149 acres and
open space and recreation lots consisting of 49 acres. The
project site is east of Rancho Viejo Road and south of
Trabuco Creek.
Applicant:
Daon Development Corporation, 1400 Quail Street, Suite 225,
Newport Beach, 92660.
Written Communications:
(1) Report dated January 4, 1978, from the Director of
Community Planning and Development forwarding the
recommendation made by the Planning Commission at
its meeting of December 20, 1977, that the project
be approved and awarded 53 points on the Project
Rating Scale subject to provisions for emergency
access, development conditions, and additional
environmental impact information.
Councilman Friess commented that the lots designated RS -1
(one -acre residential without horses) should be zoned EL
(Large Estate) with equestrian access.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. The following persons
responded:
1. Michael Berns, Member of the Planning Commission,
advised of Commission discussion of the EIR, access,
and the main commuter street to Mission Hills Phase II.
2. Jesse Frost, 26851 Mission Hills Drive, owner of the
56 -acre parcel adjoining the project, stated that
access should be provided to his property.
3. Richard Puttman, Daon Development Corporation, commented
that their considerations of dual access had been for
emergency access purposes, the cost of providing a,
bridge for access over Trabuco Creek would be from
$250,00 - $300,000, the present plan has resulted in
an approximate 40% reduction in density, and there
was no objection to changing the lot designations
of RS -1 to EL.
4. Tom Barnes, 33931 Calle Conejo, noted concerns with
commuter access should additional development have
access through the street. Mr. Merrell advised that
the main commuter road would ultimately link up with
Horno Creek Road.
There being no one else wishing to address the Council, the
Hearing was declared closed.
Council Discussion:
Mayor Heckscher noted that the proposed bridge would allow
access in the event of an emergency. Mr. Merrell advised
that the dual access possibilities were proposed subsequent
to the rating assigned and were not available for consideration
-3- 1/4/78
268
by the ERB or Planning Commission. Council Members McDowell,
Sweeney, and Nash noted they would favor an access rating
of 2 points.
Mr. Nash requested assurances that the commuter road would
be constructed to commuter standards with no driveways
fronting the road except those which could be exited in
a forward position. Mr. Merrell suggested that approval
include that condition for certain designated lots.
Councilman Sweeney inquired if the hill area of recreation
Lot D, which includes provision for two tennis courts, would
be heavily graded; Mr. Merrell advised that the grading
would be minimal since the natural configuration of the
hilltop is level.
Council also discussed future access to Mr. Frost's property,
and Mr. Merrell advised that access to the north portion of the
property could be gained directly to the commuter road and
that access was also available to Mission Hills Drive.
Council concurred that the following items of concern should
be addressed in the Tentative Map: (1) Lot numbers of all
lots abutting the commuter road are to be included with
restriction to driveway design to provide exiting in a
forward direction; (2) All three of the dual access possibilities
are to be' included for consideration, including construction
of the bridge; (3) Clarification of the amount of grading
proposed for Lot D.
Certification of Environmental Impact Report:
It was moved by Councilman Nash, seconded by Councilman Friess
and unanimously carried to certify the draft EIR as adequate
and accepted as a final Environmental Impact Report.
Approval of Rezone 77-11:
The City Attorney 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 Councilman McDowell
and seconded by Councilman Friess that the following Ordinance
be introduced with all references to an RS -1 designation
deleted:
ORDINANCE NO 346 REZONE 77-11 MON DEVELOPMENT
CORPORATION) - AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING THE OFFICIAL ZONING
MAP ADOPTED BY ORDINANCE NO. 293 BY CHANGING THE ZONING
OF PROPERTY DESIGNATED BELOW FROM GM (GROWTH MANAGEMENT)
TO RS (SINGLE FAMILY), RS (20,000) (SINGLE FAMILY,
MINIMUM 202000 SQUARE FOOT LOT SIZE), ES (SMALL ESTATE),
EL (LARGE ESTATE), RA (SMALL FARM), OR (OPEN SPACE
RECREATION), AND OS (OPEN SPACE PRESERVATION)
The motion carried by the following vote:
AYES:
NOES:
ABSENT
Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
None
None
Adoption of Project Rating Scale and
Approval of Conceptual Development Plan:
It was moved by Councilman Nash and seconded by
McDowell to adopt a Project Rating Scale of 55
a Specific Criteria of 23 points and a General
32 points; to approve the concept plan subject
conditions listed and with the addition of the
conditions:
Councilman
points based on
Criteria of
to the 7
following
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269
"8. Emergency access links from: (1) the end of Street "I"
to Street "L;" (2) the end of Street "B" across Trabuco
Creek; and (3) Street "B" to Street "G" shall be provided.
The precise design of said links shall be determined
during tentative map and development plan review."
"�. Driveways shall be designed and constructed.to serve
Lots 135, 136, 137, 138, 139, and 140 which provide
for and facilitate forward vehicle access to and from
Street "A." No other lot shall have direct access to
Street "A."
and, to adopt the following Resolution:
78-1-4-2. RESIDENTIAL CONCEPT PLAN
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, CONDITIONALLY APPROVING
RESIDENTIAL CONCEPT PLAN GROWTH MANAGEMENT 77--4
(DAON DEVELOPMENT CORPORATION)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
3. REZONE 77-12, ENVIRONMENTAL IMPACT
(85)Proposal:
A request for approval of the Environmental Impact Report,
Rezone, and residential concept plan pursuant to Ordinance 314
(Growth Management) for a subdivision of 77 acres of land into
S7 residential lots and 2 open space/recreation lots. The
project site is located at the north end of San Juan Creek
Road east of the San Juan Terrace development.
Applicant:
Chapman Homes, Post.Office Box 9054, South Lake Tahoe 95731
Written Communications:
1 Report dated January 4, 1978, from the Director of
Community Planning and Development, forwarding the
recommendation of approval, subject to conditions,
made by the Planning Commission at its meeting of
December 20, 1977.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in
the audience wished to address the Council. The following
persons responded:
1. Michael Gallagher, VTN Consolidated, Inc., 2301 Campus
Drive, Irvine 92664, advised that emergency access is
to be provided through the adjacent Patrick Development
as a condition of approval.
2. Michael Berns, Member of the Planning Commission, advised
that the Commission had not discussed any street connection
at Camino La Ronda.
3. Tim Kruer, representing Patrick Development, 2643 Fourth
Avenue, San Diego, 92103, advised that dual access was
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2'70
discussed by the Planning Commission and that emergency
access is provided through 2 lots and through the equestrian
Lot B, which would be removed when further access is
provided.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Public Hearing closed.
Councilman Friess noted that the proposal includes the
preservation of the historic Echenique bunkhouse which will
be relocated to a recreation lot and that the grove of
eucalyptus trees will also be preserved.
It was moved by Councilman Friess, seconded by Councilman
Sweeney and unanimously carried to certify the draft EIR
as adequate and accepted as a final Environmental Impact Report.
ApRroval of Rezone 77-12:
The City Attorney 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 Councilman Friess and seconded
by Councilman McDowell that the following Ordinance be
introduced:
ORDINANCE NO. 347, REZONE 77-12 (CHAPMAN-PATRICK) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO.
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF ASSESSOR'S
PARCEL NO. 124-223-68 FROM GM (GROWTH MANAGEMENT) TO
RS (SINGLE FAMILY), ES (SMALL ESTATE), OR (OPEN SPACE
RECREATION), AND OS (OPEN SPACE PRESERVATION)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Adoption of Project Rating Scale and
Approval of Conceptual Development Plan:
It was moved by Councilman Friess, seconded by Councilman Sweeney
and unanimously carried to adopt a Project Rating Scale of 59
points based on a Specific Criteria of 39 points and a General
Criteria of 20 points. It was moved by Councilman Friess and
seconded by Councilman Nash that the following Resolution
be adopted:
RESOLUTION NO. 78-1-4-3, RESIDENTIAL CONCEPT PLAN GROWTH
MANAGEMENT 77-3 (CHAPMAN P TRI - A RESOLUTION
THE CITY COUNCIL OF THE CITY OF 8AN JUAN CAPISTRANO,
CALIFORNIA, CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-3 (CHAPMAN-PATRICK)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
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2'71
RECESS AND RECONVENE
Council recessed at 9:'0 7'.Y. -r4 ,�:,;nverad z,t 9:25 P.M.
BEAR BRAND RANCH ACCESS STUDY COMMITTEE
1. RECOMMENDATIONS ON ACCESS TO TRACT 0390_1-PARCE1. 5-A (HILL)
(85) This item was taken out of order on.the Agenda for the benefit
of interested persons in Lne aud?_ane.
Written Communications:
1 Report dated January 4, 1973, from the Bear Brand Ranch
Access Committee forwarding the folloying recommendations
with regard to provisions for access to the Bear brand
Ranch development adjacent to the west City limits in
County territory:
a. Grant access through Calle Ricardo, Calle Aspero,
and Crumrine Road.
Peppertree Bend must be continuous through these
three streets with a cul-de-sac on the south end
approximately where it is currently shown as a
cul-de-sac at Lot 40.
That the lot lines contiguous to this cul-de-sac
be realigned to forestall any future extension of
Peppertree Bend southward of this point.
Limit the project to 40 lots.
That there be no connection of Peppertree Bend to
Lot 41 in Parcel 5-A, to Parcel 4-B, or to Del Avion.
That the design speed of Peppertree Bend be lowered
to 25 MPH.
That the street be made narrower to follow the
terrain better and be reduced from 40 to 36 feet
in width.
b. That the City Attorney be directed to thoroughly
research the aspects of control that will give the
City assurances that if the County should approve
such recommendations that it would be carried out
as recommended.
C. That the City abandon the current right-of-way
that is held for Sacarama.
d. That City Staff be directed to investigate the
status of the easements on Calle Aspero.
The Committee vote on the above recommendations was 11
to 2, with Robert Hill, the developer, and Peter Herman,
County representative, in opposition. Subsequently, Mr.
Hill stated he could support the recommendations provided
the County could be convinced to allow the appropriate
amendments to his approved tract map. The Committee also
recommends that if the County does not react favorably to
their recommendations that the Committee be reconvened in
order to evaluate County response and recommend alternatives.
(2) On December 14th, the Committee received a petition
signed by 76 property owners in the Aguacate/Cunningham
area opposing connection of Crumrine Road to Peppertree
Bend Road.
Council Discussion:
Councilman Sweeney noted that in his opinion the Committee had
not addressed a review of extending Alipaz Street to the north
and Camino del Avion to the south, as set forth in the formation
of the Committee on November 2, 1977, and further stated that
-7- 1/4/78
he did not consider the urc :j' Cs.i.i..e Ricardo as a soluti&
to the problems due to the many dr;vewa.ys fronting the street.
Mr. Sweeney stated that develop:az�nt to the ridgeline had not been
addressed and recommended that the matter be referred back to
the Planning and Traffic and Transportation Commissions, in
order to guide development.
Councilman McDowell cited his appreciation for the efforts of
the Committee, but urged that Peppertree Bend Road should
connect to Camino del Avion, that z traffic signal be installed
at the intersection of Calle Aspero and Del Obispo Street, with
County funding, and that Calle Ricardo become a cul-de-sac
to encourage the use of Camino del Avion.
Mayor Heckscher noted that other than annexation, the City
can only approach the County for cooperation and consideration
of the City's desires, and that if Peppertree Bend were allowed
to connect to del Avion, it would be an invitation to develop
the remaining hillside area. Mr. Friess noted that consideration
of extending Alipaz Street is not eliminated if the Committee
recommendations are approved.
Councilman Nash, Committee Chairman, advised that the needs of
the entire community were addressed with the most important
being that there be no connection to del Avion. Mr. Nash
noted that there was considerable discussion of possible
development up to the ridgeline; there was no exclusion of
connecting Alipaz Street to the north; some form of annexation
should take place; Calle Ricardo is the least capable of
dealing with traffic since it is not built to commuter standards.
Mr. Nash reviewed the Committee concern that no access via City
streets be allowed if the tract will connect to del Avion, Golden
Lantern, or any County commuter or arterial road that would
cause traffic to use existing City streets.
Don Markowski, Committee Member, referred to a map of the area
Council continued their discussion of the report, including
easement access to Sacarama Road.
Terry Hackett, 270 Newport Center Drive, Newport Beach, 92660,
attorney for the developer, addressed the Council from the
audience and advised that he had some new information with
regard to improvement permits.
Motion to Table:
It was then moved by Mayor Heckscher, seconded by Councilman
McDowell and unanimously carried that the matter be tabled
until all information is available.
PUBLIC HEARINGS (CONTINUED)
4. REZONE 77-13, ENVIRONMENTAL IMPACT REPORT, CONCEPT PLAN
AND PROJECT RATING - TENTATIVE TRACT 9784 (MISBIN)
(85) Proposal:
A request for approval of the Environmental Impact Report,
Rezone, and residential concept plan pursuant to Ordinance 314
(Growth Management) for a subdivision of 96 acres of land into
103 residential lots and 6 hillside, open space, and recreation
lots. The project site is located at the present terminus of
Camino Las Ramblas, east of the existing Alto Capistrano area
and south of the Meredith Canyon development,
Applicant:
Morris Misbin, 33901 Calle Borrego, San Juan Capistrano, 92675.
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273
Written Communications:
(1) Report dated January 4, 1978, from the Director of Community
Planning and Development, forwarding the recommendation of
approval, subject to conditions, made by the Planning Com-
mission at its meeting of December 20, 1977.
(2) Letter dated December 14, 1977, from the Board of Directors,
Alto Capistrano Homeowners Association, P. 0. Box 55,
urging approval of the project as a means of alleviating
traffic on Via de Agua and providing dual access to the
area.
(3) Petition received December 30, 1977, containing approximately
125 signatures, in support of the project as a means of
alleviating traffic on Via de Agua and providing dual access.
(4) Letter dated December 28, 1977, from Marie Patterson,
P. O. Box 2366, Capistrano Beach 92624, Member of the
Natural History Foundation of Orange County, citing
concerns with the archaeology and paleontology sections
of the Draft Environmental Impact Reports.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. The following persons
responded:
1. Charles Buell, President, Alto Capistrano Homeowners
Association, 33905 Calle Acordarse, recommended that the
City Council make concessions to the developer to
provide relief for Via de Agua. Dr. Buell also
suggested a possible increase in the allotted park
area of 2.8 acres.
2. Tom Barnes, 33931 Calle Conejo, questioned the amount of
relief that would be provided by an additional commuter
road and suggested that since Alto Capistrano is an
isolated area without parks that an 8 -acre park designation
would be more appropriate.
3. Jim Knesiak, 33741 Via de Auga, stated that Route 3 is of
utmost importance, realizing that the size of the park
and proposed hillside cuts are important.
4. Susan Keough, Avenida Calita area, questioned the amount
of traffic that would be alleviated, cited the lack of
parks, and noted that the Meredith development had
allocated $60,000 for parks.
5. Ellen Gillette, 33782 Via de Agua, advised that persons
exceeding the speed limits on Via de Agua would use the
new route.
6. Karl Mazzeo-Fernandez, Ecos Management Criteria, 206 West
4th Street, Suite 333, Santa Ana 92701, recommended that
a highly -qualified scientist in the paleontological resourc
field be at the site during grading operations.
7. Marie Patterson, P. O. Box 2366, Capistrano Beach 92624
Member of the Natural History Foundation of Orange County,
requested that the project receive scientific investigation
of historic resources and recommended that the City be
provided an adequate paleontological survey report and
an original archaeological survey report.
There being no one else wishing to address the Council, Mayor
Heckscher declared the Hearing closed.
-9- 1/4/78
274
Council Discussion:
Mayor lieckscher questioned the wsseunt of traffic that would be
alleviated by construction of Rout3 F. aa:=: .sited or ncernS with
justification for making conces:;ions ai,3 allowing variances
to City standards of development, with the proposed park size,
lack of paleontological studies, and with construction of a
step -type development consisting of several pads. Mr. Heckscher
also noted his concern that signers of the petition may not
be aware of the problems that would arise from the massive
amount of grading. Mr. Merrell advised th:.t an EIR resulted in
findings that from 75% to 80% of the drivers would continue to
use Via de Auga if Route E were constructed and that both
Route E and Route D should be implemented with a physical
barrier on Via de Agua to alleviate traffic problems.
Councilman Friess stated that it had been his understanding that
the developer was to provide a 6 -acre public park site rather
than a private park. Mr Merrell advised that the developer
would build a retention basin and install trails and that City
funds would be utilized for a 3 -acre park. Councilman Friess
cited his concern with the amount of grading involved in the
project (3.5 million cubic yards of earth) and the effects on
residents of the area since the grading operation would take
from 6 months to a year to complete.
Michael Berns, Member of the Planning Commission advised that
at their December 20th meeting there were only three members of
the Commission present and that they dealt mainly with the Via
de Agua traffic situation.
Certification of Environmental Impact Report:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried to certify the draft EIR as
adequate and accepted as a final Report, with the exception of
the paleontology report which will be included by means of
an addendum.
Approval of Rezone 77-13:
The City Attorney 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 Councilman McDowell and seconded
by Councilman Sweeney that the following Ordinance be introduced:
ORDINANCE NO. 348, REZONE 77-13 (MISBIN) -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP ADOPTED
BY ORDINANCE NO. 293 BY CHANGING THE ZONING OF
ASSESSOR'S PARCEL NOS. 675-011-22 AND 675-011-25
FROM GM (GROWTH MANAGEMENT) TO RS (SINGLE FAMILY),
OR (OPEN SPACE RECREATION), AND OS (OPEN SPACE
PRESERVATION)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
Adoption of Project Rating Scale:
Criteria No. 9, Landform alteration - sensitivity of
grading concepts; ridgeline preservation: It was
moved by Councilman Friess, seconded by Councilman
Nash and unanimously carried that Criteria No. 9
receive a zero rating rather than 2 points.
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2"75
Criteria No. 10, Provision for open area - public
and private: It was moved by Councilman Sweeney and
seconded by Councilman Nash that Criteria No. 10
receive 9 points rather than 8. The motion carried by
the following vote:
AYES, Councilmen Sweeney, McDowell, and Nash
NOES: Councilman Friess and Mayor Heckscher
ABSENT: None
Criteria No. 11, Provision of private recreation
facilities: It was moved by Councilman Sweeney and
seconded by Councilman McDowell that Criteria No. 11
receive 6 points rather than 5. The motion carried by
the following vote: `
AYES: Councilmen Sweeney, McDowell, and Nash
NOES: Councilman Friess and Mayor Heckscher
ABSENT: None
Criteria No. 14, Unusual public benefit from project:
It was moved by Mayor Heckscher and seconded by Councilman
Friess that Criteria No. 14 receive 6 points rather than 8.
The motion failed to pass with Councilmen Sweeney, McDowell
and Nash voting against.
Approval of Conceptual Development Plan:
It was moved by Councilman Sweeney and seconded by Councilman
Nash that the following Resolution be adopted:
NO. 78-1-4-4, RESIDENTIAL CONCEPT PLAN
GROWTH MANAGEMENT 7.1-0 lM1b1J1A) - .a ncaui.uiiuiv ur
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, CONDITIONALLY APPROVING RESIDENTIAL CONCEPT
PLAN GROWTH MANAGEMENT 77-5 (MISBIN)
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, and Nash
NOES: Councilman Friess and Mayor Heckscher
ABSENT: None
The Resolution adopts a Project Rating Scale of 54 points based
on a Specific Criteria of 30 points and a General Criteria of
24 points and approves the residential concept plan subject
to future approval of Land Use Management Code variances and
development standard waivers and subject to the 6 conditions
listed in the Resolution.
5. DIVISION OF LAND 77-7 (MUNGER/WADE) -
(85) Proposal:
A division of 2.197 acres of land into 2 residential parcels
of 1.108 acres and 1.089 acres. The property is located
south of Calle Ricardo on Cook Lane, a private extension of
Via de Linda, and is approximately 1/2 mile west of Del Obispo
Street.
Applicant:
Munger/Wade Enterprises, 17772 E. 17th St., Suite 208,
North Building, Tustin 92680.
Written Communications:
1 Report dated January 4, 1978, from the Director of Community
Planning and Development forwarding the recommendation of
approval made by the Planning Commission at its meeting
of December 13, 1977.
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Public Hearing: 276
Notice having been given as required by law, Mayor Heckscher
declared the Public Hearing open and inquired if anyone in the
audience wished to address the Council. The following persons
responded:
1. Elmer Christiansen, 31882 Camino Capistrano, representing
the developer, spoke in favor of the proposal.
There being no further response, Mayor Heckscher declared
the Public Hearing closed.
Approval of Division of Land 77-7:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the following Resolution
be adopted:
-4-5. TENTATIVE
LLYlolya yr LAll" r 1-i \IY3ullyGn/ IIn LGf - H n6 ovLV11'
OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, APPROVING A TENTATIVE
PARCEL MAP FOR DIVISION OF LAND 77-7, A PROPOSAL
TO CREATE TWO 1 -ACRE PARCELS FROM ONE 2.197 -ACRE
PARCEL
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
6. FORMATION OF UNDERGROUND UTILITY DISTRICT 78-1
(90) Pro op sal:
Formation of a utility undergrounding district for the purpose
of converting overhead lines in conjunction with the improvements
to be made to Camino Capistrano. The project limits are as
follows: Camino Capistrano between Ortega Highway and San Juan
Creek with construction between Forster Street and 240 feet
south of Avenida Padre; and, Del Obispo Street between Camino
Capistrano and the Atchison, Topeka & Santa Fe Railroad tracks.
The estimated cost of $350,000 will be provided by San Diego
Gas & Electric utility undergrounding funds.
Written Communications:
1 Report dated January 4, 1978, from the Director of Public
Works.
Public Hearing:
Notice having been given as required by law, Mayor Heckscher
opened the Public Hearing and inquired if anyone in the
audience wished to address the Council. There being no
response, the Hearing was declared closed.
Agproval of Underground Utility District 78-1:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 78-1-4-6, FORMATION OF UNDERGROUND
UTILITY DISTRICT 78-1 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISIiING UNDERGROUND UTILITY
DISTRICT 78-1
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The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
ORDINANCES
WEED AND REFUSE ABATEMENT PROCEDURES -
REPEAL OF ORDINANCE NO. 87
(74) Proposal:
Various amendments to the weed and refuse abatement procedures
for clarification purposes including declaration of hazardous _
conditions and duties of Enforcement Officer.
Written Communications:
(1) Report dated January 4, 1978, from the Director of
Public Works forwarding a proposed Ordinance for
Council consideration.
Introduction of Ordinance No. 349:
The City Attorney 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 Councilman Nash
and seconded by Councilman Sweeney that the following
Ordinance be introduced:
349. WEED AND REFUSE ABATEMENT -
CALIFORNIA, PROVIDING FOR THE ABATEMENT OF WEEDS
AND REFUSE AND REPEALING ORDINANCE NO. 287
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
APPOINTMENT AND TERMS OF PLANNING COMMISSIONERS -
(67) Proposal:
Council -initiated amendments to Ordinance No. 321, establishing
City Boards and Commissions, for the purpose of allowing
individual Council Members to appoint residents to the
Planning Commission subject to approval of a Council
majority, with the terms of office being concurrent.
Written Communications:
(I) Report dated January 4, 1978, from the City Clerk
forwarding a proposed ordinance prepared by the
City Attorney for Council consideration.
Amendment to Proposed Ordinance:
There was a consensus of the Council that the last sentence
of Section 7, Paragraph B, read: "Furthermore, notwithstanding
the provisions of Sections l.b., and 1.I., the term of office
of such Commissioner shall, in no event, extend more than 45
days beyond the term of office of the City Council member by
whom the nomination was made; provided, however, that nothing
contained herein shall prevent the re -appointment of any such
Commissioner."
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?Introduction of Ordinance No. 350_:
The City Attorney read the title of the ordinance next in order.
Further reading of all ordinances had been waived earlie-- in
vhe meeting. It was moved by Councilman McDowell and seconded
by Councilman Sweeney that the following Ordinance be introduced
as amended:
ORDINANCE NO. 350, APPOINTMENT OF PLANNING COMMISSIONERS -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING ORDINANCE NO. 321 AND PROVIDING FOR APPOINTMENT
OF MEMBERS OF THE PLANNING COMMISSION, AND ESTABLISHING
THEIR TERMS OF OFFICE
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, and Mayor
Heckscher
NOES: Councilmen Friess and Nash
ABSENT: None
CONSENT CALENDAR
It was moved by Councilman McDowell and seconded by Councilman Sweeney
that the staff recommendations be accepted for the following items
listed on the Consent Calendar. The motion carried by the following
vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
1. REPORTS OF PLANNING COMMISSION ACTIONS OF
DECEMBER 13 AND DECEMBER 20, 1977
(67) The Reports of Actions taken by the Planning Commission at
their meetings of December 13 and 20, 1977, are ordered
received and filed.
2.
OFFER OF STATE HIGHWAY EASEMENT -
MINO CAPISTRANO HUS Y
(44)
The offer of an excess easement from the State Department
of
Transportation (Caltrans) to the City on property located
on
the southeast corner of the intersection of Avenida Padre
and
Camino Capistrano is declined; the City will request that
the
easement be offered to the affected property owner, Knute
Husby.
3.
ACCEPTANCE OF SEWER EASEMENT
TRACT 9373 (CORRALES ESTATES/PATRICK)
(85)
The Easement Deed for sewer purposes granted by Corrales
Estates to the City is accepted in conjunction with Tract
9373,
and the City Clerk is authorized to record the document.
4.
PROPOSED FORMATION OF LANDSCAPE MAINTENANCE DISTRICT
(85) The Environmental Review Board is directed to review the
developer's request for an alternate form of slope maintenance
other than formation of a Maintenance District and to report
its findings to the City Council.
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279
5. EXTENSION OF AGREEMENT WITH ORANGE COUNTY
IR9RBORS BEACHES AND PARKS DISTRICT -
SUMMER DAY CAMP PROGRAM
(62) The Joint Powers Agreement with the Orange County Harbors,
Beaches and Parks District for a Summer Day Camp Program, dated
July 1, 1977, is extended through December 31, 1978, and the
Mayor and City Clerk authorized to execute the Agreement on
behalf of the City.
6. REJECTION OF CLAIM FOR PERSONAL INJURIES
(35) The Claim for personal injuries filed on December 15, 1977, by
John V. Donahue, Jr., on behalf of Arlean Harris, in conjunction
with an accident that allegedly occurred on June 16, 1977, is
denied pursuant to Section 911.2 of the Government Code, since
the 100 -day period for presentation of the Claim expired on
September 24, 1977.
AWARD OF BID FOR VEHICLE -
DEPARTMENT OF COMMUNITY PLANNING AND DEVELOPMENT
(75) The bid for a 4 -door sedan to be used by the Land Use Coordinator
Department of Community Planning and Development, is awarded to
the low qualifying bidder, E1 Camino Ford, 535 North E1 Camino
Real, San Clemente, in the amount of $4,376.43; all other bids
are rejected.
APPROVAL OF WARRANTS
(41) At the request of Councilman Friess, it was clarified that
Warrant No. 13100, for repair of fire damages at the Treatment
Plant, is to be reimbursed by insurance coverage.
It was moved by Councilman Friess, seconded by Councilman Sweeney
and unanimously carried that the List of Demands dated January 4,
1978, Warrants Nos. 13043 through 13131, inclusive, and 1911 Act
Warrant No. 0219, in the total amount of $513,087.78, be
approved as submitted.
SSION DETERMINATION RE
(46) Pro osal:
n appeal dated December 21, 1977, of the action taken by the
Planning Commission at its meeting of December 20, 1977, in
determining that a request to construct a single family residence
upon a General Plan designated ridgeline is inconsistent with the
goals, policies and objectives of the General Plan. The
property is located north of and adjacent to the existing
Mission Hills Ranch development.
Applicant:
Jesse Frost, 26851 Mission Hills Drive, San Juan Capistrano.
Written Communications:
(1) Report dated January 4, 1978, from the Director of
Community Planning and Development recommending that
the appeal be denied and the decision of the Planning
Commission upheld.
Mr. Frost addressed the Council and advised that the proposed
residence would be 10 feet below the ridgeline.
Public Hearing Date:
It was moved by Councilman Friess, seconded by Councilman
McDowell and unanimously carried that a Public Hearing be
scheduled for the Council meeting of February 1, 1978; the
Planning Commission is to review the proposed location in
the interim.
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M41
Councilman Friess requested that a previously existing temporary
structure be replaced at the same location for the purposes
of allowing a view perspective of the proposed residence
location. With the concurrence of Council, Mayor Heckscher
directed that the Planning Department meet with Mr. Frost on
his proposal and prepare a view analysis for Council consideration.
ADMINISTRATIVE ITEMS
CITY CLERK
1
(40) Proposal:
Designation of the City Council Chamber as the central
counting place for all ballots cast at the March 7, 1978,
election. Ballot cards will be used rather than paper ballots.
An Accu -Vote Ballot Counter will provide results of votes cast
by precinct, with the unofficial results estimated to be
completed by 9:30 or 10:00 P.M. following the 8:00 P.M. close
of polls. The rental cost of $1,000 is included in the 1977-78
budget, Elections Account 1228.
Written Communications:
(1) Report dated January 4, 1978, from the City Clerk forwarding
a proposed Resolution for Council consideration.
Central Counting Place:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
RESOLUTION NO. 78-1-4-7, CENTRAL COUNTING PLACE -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO, CALIFORNIA, PROVIDING THAT
ALL BALLOTS BE COUNTED AT A CENTRAL COUNTING PLACE
The motion carried by the following vote
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT
1. INITIATION OF GENERAL PLAN AMENDMENT 78-1
(46) Proposal:
Determination of whether petitions are to be included in the
General Plan Amendment review process, pursuant to the Land
Use Management Code. The petitions include: (1) a comprehensive
review and amendment to the land use designations and
circulation within the area surrounding Mc-Cracken Hill
(King -Holmes); and (2) removal of protected ridgeline
designation on property north of Mission Hills Ranch (Frost).
Written Communications:
(1) Report dated January 4, 1978, from the Director of
Community Planning and Development.
Initiation of General Plan Amendment 78-1:
It was moved by Councilman McDowell, seconded by Councilman
Sweeney and unanimously carried that the following actions
be taken:
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281
(1) Inclusion of the King -Holmes petition in General Plan
Amendment 78-1 is approved with the notification that
such action in no way indicates an intention of the
City to approve such Amendment. Inclusion of the Frost
petition is denied.
(2) General Plan Amendment 78-1 is referred to the Planning
Commission for review and report, pursuant to the Land
Use Management Code, Ordinance No. 293.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. FORMATION OF SERRA
TTEE NO. 7
SION
(79) Proposal:
Formation of Project Committee 7-A for the construction of _
improvements to odor control facilities at the Waste Water
Treatment Facility. An amendment to the Sewer Enterprise Fund
is necessary to provide the City's portion of the plant
improvement costs in the amount of $18,095.
Written Communications:
Ti -Y Report dated January 4, 1978, from the Director of
Public Works forwarding a proposed Resolution and a
revised Sewer Enterprise Fund Balance Statement.
Approval of Project Committee No. 7-A;
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted:
ON NO. 78-1-4-8, AMENDING
1'LAINI, 1VIUMIX1Ut111VINQ - H -W. UAXWi, v+ ••.0 .. -
6F THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE BUDGET FOR 1977-78 FISCAL YEAR
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
2. REPORT ON TREATMENT PLANT TITLE TRANSFER TO SERRA
(79) There was a consensus of the Council that the cost allocation
involved in the transfer of title to the Waste Water Treatment
Plant to SERRA be referred to the Director of Public Works for
further financial report and to the City Attorney for preparation
of an analysis of the arbitration issue. Recommendations will
be made to the City Council at a later date.
TRAFFIC AND TRANSPORTATION COMMISSION
1. RESTRICTED PARKING - PORTIONS OF JUNIPERO SERRA ROAD
(64) Proposal:
Establishment of "No Parking" areas on both sides of Junipero
Serra Road due to complaints received of vehicles parking in
the travel lanes and impeding the flow of traffic.
Written Communications:
1) Report dated January 4, 1978, from George Alvarez, Secretary
to the Commission, forwarding a proposed Resolution as
recommended by the Traffic and Transportation Commission
at their meeting of December 15, 1977.
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G�
2 822
Council Discussion:
Councilman Nash suggested that the proposed red curbs should
not be painted under the freeway itself, and it was the
consensus of the Council that the Resolution be amended so
that the "No Parking" areas are designated as follows:
"Both sides of Junipero Serra Road between the
I-5 freeway ramps and Rancho Viejo Road; safety
red curbing to be painted between the ramps to
improve sight distance."
Establishment of "No Parking" areas:
It was moved by Councilman McDowell and seconded by Councilman
Sweeney that the following Resolution be adopted, as amended:
RESOLUTION NO. 78-1-4-9, PARKING REGULATIONS -
PORTIONS OF JUNIPERO SERRA - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING "NO PARKING" AREA ON BOTH
SIDES OF JUNIPERO SERRA FROM RANCHO VIEJO ROAD TO
350 FEET WESTERLY
The motion carried by the following vote:
AYES: Councilmen Sweeney, McDowell, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: None
COUNCIL REMARKS
i. CAMINO CAPISTRANO TRUCK TRAFFIC
(74) Councilman Sweeney requested that the Traffic Commission
investigate the possibility of limiting heavy truck traffic
from using Camino Capistrano from the Junipero Serra turn-off.
2. REFUSE AND LITTER CLEANUP
(74) Councilman Sweeney suggested that the downtown area be
cleared of litter.
3. COUNTY FIRE STATION
(42) Mayor Heckscher requested that the letter received from
Supervisor Riley regarding design of the County Fire Station
to be located on Del Obispo Street be placed on the January 18th
Agenda for Council consideration.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 12:01 A.M., January 5, 1978, to the next regular meeting
date of Wednesday, January 18, 1977, at 7:00 P.M., in the City Council
Chamber.
Respectfully submitted,
ATTEST:
G
MARY AN VE ITY CLERK
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1/4/78
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